The Birmingham age-herald., 1911-01-03
HEAVY DEATH TOLL FROM STATE MINES Hillhouse Reports to Governor
 236 Were Killed
FINE COAL PRODUCTION
Tonnage OOO,0OO-Cheap Rate Fur nfshed Soldiers for InauguraI-Gar- ber's Recommendations
 joys n Business Boom

Montgomery, January 2.-(Special.)- Setting forth the fact that the death to-. in the mines of Alabama during the past year represented total of 236 lives, that the coal industry was the most prosper ous in the history of the state, and stat ing that the present mining laws are in serious need of revision, Mine Inspector James Hillhouse on yesterday submitted to Governor Conner a partial report for the year 1910. A full report could not be rendered, according to the inspector, because of the fact that many of the re- turns to his department will not be re- ceived until later in the month.
 Of the number of lives lost, 139 of the deaths were caused by gas and dust ex- plosions, and the remaining 97 deaths were caused by other means, some of the direct causes being as follows: Tram cars, IT; fall of rock, 47, and deaths from electrocution, 6. The direct cause of all the deaths is mentioned in detail in the report.
 Inspector Hiilhouse shows that the coal industry of Alabama has had a prosper ous year, the total product reaching ap- proximately 15,000000 tons. The total out put for the year 1909 was 13, ,26S tons, representing more than 1,500,000 tons un- der the quantity produced during 1910.
 In his report Inspector Hilhouse states that the present weakness of the min ing laws has clearly manifested itself, and sets forth a number of recommenda- tions of new features to be embodied in more adequate mining laws, which will be presented at the next session of the leg tslature These recommendations per- tain, first, to the matter of explosives, safety explosive approved by the govern ment bureau of mining being recommend ed. Other recommendations are as fol- lows:
 The storing of explosives outside of mines, this being regarded as absolutely necessary in assuring against accident.
 Regulations as to blasting in dry and dusty mines
 The keeping of detonators separate from explosives.
 The voltage of the electrical current not to exceed 250 volts.
 The compulsory spraying and watering of mines
 Correct maps, showing pillars, corners of property and boundary lines.
 Mr Hllhouse also recommends that more mining inspectors be appointed, as he believes the present force of three in- spectors entirely insufficient for all the work to be done.
 Soldiers for Inauguration
 Adjut. Gen. Bibb Graves has received word from the Louisville and Nashville railroad that rate of l cent per mile, pub 25 cents when ticket is purchased will be granted to members of the Ala bama National Guard on the occasion of the inaugural exercises which are 10 be held in this city January 16, when Col. Emmet O'Neal becomes governor of Ala bama. While advices have not been re- -ceived from the other railroads as yet 1t is quite probable that all or the common carriers will make a similar rate.
 Not all of the Alabama National Guard will be asked to attend the inauguration, though General Graves Is planning to bring to Montgomery in the neighborhood of 2200 soldiers for the occasion. There are about 3300 soldiers in the service of the state.
 Chairman R. T.. Goodwin, who has charge of the inaugural exercises, an- .nounces that the work of making prepa- rations for the event is well under way and that as a consequence one of the biggest inaugurals ,ever held in this com monwealth may be expected The finance committee, under the chairmanshp of J. c. Haas, is rapidly assembling the nec- cessary funds for the occasion.
 Garber's Recommendations
 Attorney General A. M. Garber, in his biennial report, which has just been sub mitted to Gov. B. B. Conner, calls atten- tion to measure which 1t will be neces- sary for the 1911 legislature of Alabama 10 take under consideration.
 Reference in the report is had to the decision Of the supreme court of the United States in re the franchise tax on foreign corporations which was recently declared unconstitutional by the high trib- unal
 Colonel Garber recommends that the legislature, In Its consideration of the matter adopt new statute providing for the payment of franchise tax by domes- tic corporations and foreign corporations under sections 229 and 232 of the constitu- tion respectively, which will conform to the principles announced in the case at- tacking the validity of the old measure.
 Constitutionality of the franchise tax which was levied for the year 1910, was attacked by the Southern Railroad com pany, the Central of Georgia Railroad company the Seaboard Air Line railroad, the Louisville and Nashvilel railroad, and the Nashville Chattanooga and St. Louis railroad. In the supreme court of Ala bama the state prevailed in its conten- tions, several of the justices however dissenting. When the case was carried to the United States tribunal, the justice held that the measure was unconstitu- tonal in that 1t was repugnant to the 's ,stitution of the United States. "The co.,, held," quoting from Colonel Gar per 8 report, lldL tneSe cases did not involve determining how far state may arbitrarily exclude a foreign corporation but to what extent state, after allowing . foreign corporation to come in and ac- Quire property, may tax such foreign cor poration which has lawfully acquired vested property interests therein, of permanent and valuable nature, by dis eliminating method not employed as to domestic corporations of the same kind carrying on precisely the same business. On this point the court declared that the franchise tax constituted a denial of the equal protection of the laws, and was in conflict with the fourteenth amendment to the constitution of the United States''
 The attorney general in this connection tl,at ha cl lota