The star-independent. [volume] (Harrisburg, Pa.) 1904-1917, 1915-04-17
COURT RAPS Law Giving
Powers TO mine BUREAU
Judge McCaxren Points out That Un-
der Statue He Has No Authority
to Pass on Ehgtbtlity Of Forsmsn
and Rscommsnds New Liquidation

Again the Dauphin county court has
taken occasion to criticise the con-
struetion of certain laws on the State S
statutes books and has come out fat
footedly and announced that the court,
while. if acting according to its own
best judgment would do one thing, it
is prevented from doing that which it
considers fair and just because exist
ing legislation win not permit it to
do so.
This attitude is taken in an opinion
filed by Judge s. j, Nj. MeCarrell this
morning in which the court holds it is
without authority to go over the heads
of the Board of Mine Examiners and
designate who are eligible and who
are not qualified to receive certificates
as mine foremen and assistant mine
foremen. BY so ruling the court con-
firms and makes absolute its original
order dismissing the petition of James
Matthews, president of District No.
8, United Mime Workers of America,
who through injunction proceedings
sought to restrain James E. Roderick.
chief of the State Department of
Mines, from issuing foremen's and
assistant foremen s certificates to men
alleged to be ineligible for such posi-
tions.
Referring to Matthews contention
that the chief of the mines bureau in
tends issuing foremen s certificates to
inexperienced and ineligible miners,
Judge McCarrell points out that even
though the court might hesitate had
it the power to certify to some of the
persons whom the examining boards
have certified to, the whole matter is
discretionary with the examining board
and the court lacks the power to inter
governing this subject is suggested by
the court as the only remedy that is
available to the complainant in this
suit. The>court's opinion follows
''The ability and earnestness with
which the pending exceptions were
argued have led us carefully to recon-
slider the questions raised in the bill.
The subject, as we stated in our opin.
ion. is one of very great Importance
land if we were clothed with authority
to determine the question of the prae-
tieal experience necessary to qualify a
person for to be mine foreman or
assistant mine foreman, we would per
haps hesitate TO certify some of the
persons who have been certified by the
respective mining boards as qualified
for these positions. We are satisfied,
however, that this whole subject has
been committed to the discretion of
the examining boards and We are with
out power to review or reverse their
conclusions.
= ''lt is within the power of the Leg
islature specifically to state what
qualifications shall be possessed by
those who are certified as competent
to be mine foremen or assistant mine
foremen and if the parties most in
terested are unwilling longer to en-
trust the settlement of this question
10 the determination of the examining
boards under our existing statutes, the
Legislature should be asked to afford
a remedy. We therefore are constrsin-
ed to adhere to our original conelu.
sions, and now direct that the decree
originally entered nisi be now entered
as final and absolute in this case, Iand
that the plaintiff S bill be and is now
dismissed at his costs.''