Page images
PDF
EPUB

where coal is mined there are special provisions to secure the correctness of scales and of weighing. In Alabama, Arkansas, Illinois, Indiana, Iowa, Maryland, Missouri, New Mexico, Utah, and West Virginia it is provided that the owner or operator of the mine must provide suitable scales of standard make for weighing coal. In all of these States, except New Mexico, it is provided further that the State mine inspectors or the inspectors of weights and measures shall examine these scales from time to time and report any incorrectness to the owner. Tennessee, Ohio, and Wyoming also have laws requiring inspection of scales by State officers. Missouri declares that scales must not be located farther from the opening of the mine than 100 feet.

In Illinois, Kansas, Missouri, Ohio, Washington, and West Virginia the law requires the weighman of the employer, whose duty it is to weigh the coal mined, to take oath to perform his duties faithfully and justly. In Ohio it is also required that the weighman shall give bond in the sum of $300 for his faithful performance of duty. In the following States, in addition to the provision as to oath of the weighman, specific provisions are made that he must keep an accurate record of the coal mined, which shall be open to all persons pecuniarily interested, and usually to State mining officers: Arkansas, Indiana (in this State the weighman is not required to take oath, but must examine and balance scales every morning), Iowa, Maryland, New Mexico, and Utah (in this State he must record weight to the nearest 10 pounds).

In Alabama, Indiana, and Iowa it is provided that 2,000 pounds shall constitute a ton in estimating the payment for mining and that 80 pounds shall constitute a bushel. In Pennsylvania 2,000 pounds constitute a ton and 76 pounds a bushel. In Maryland 2,240 pounds constitute a ton, and where the odd pounds in excess of a hundredweight exceed 56 pounds, the whole hundredweight shall be credited.1

Penalties for furnishing false scales or weights and for fraud in weighing are imposed on mine operators, officers, and weighmen in practically all States legislating on this subject.

Check weighmen."-In all of the States which have laws concerning scales and weighmen (except Ohio), and also in Colorado, Pennsylvania, and Tennessee, the laws provide that the miners in any coal mine may employ at their own expense a person who shall act as check weighman. Alabama, Iowa, New Mexico, and Utah provide that not more than one person shall have access on behalf of the miners to scales and records of weights. In Arkansas, Indiana, Kansas, Missouri, Washington, and West Virginia the powers and duties of this officer are stated to be the same as those of the weighman without more specific definition. In Alabama, Colorado (where the act applies only in case 20 or more men are employed under ground), Iowa, Maryland, New Mexico, Pennsylvania, Tennessee, and Utah it is more specifically stated that his duties are to examine the scales and see to it that they are correct, to watch the weighing, and to inspect the records in order to prevent injustice. In Illinois, beside the other duties mentioned, the balancing of scales is specially provided for, and in Indiana the scales are to be balanced every morning. In Maryland willful violations by the weighman or the employer are to be reported by the

1Ala., L. 1896–7, Act 486, sec. 4; Ind., sec. 7465; Iowa, L. 1888, ch. 54, sec. 1; Md., L. 1898, ch. 34, sec. 204; Penn., Dig., p. 1314, sec. 17.

2 In addition to the references given in footnote above, the statutes on this subject are found as follows: Colo., L. 1897, ch. 37, sec. 1; Penn., Dig., p. 1341, sec. 19; Tenn., L. 1887, ch. 206.

check weighman to the county attorney or the mine inspector, and a somewhat similar provision exists in Indiana, Pennsylvania, and Tennessee.

In many of these States it is especially provided that the check weighman shall not be interfered with in his examination of the scales and weighing, but that, on the other hand, he must not in the performance of his duties interfere with the regular working of the mines.

SEC. 5. SCREENING OF COAL.'-In most States where coal is mined (Arkansas, Illinois, Indiana, Iowa, Kansas, Missouri, Ohio, Pennsylvania, Washington, West Virginia, Wyoming) acts have been passed providing that where the payment of miners is by the weight of coal mined the coal must be paid for before being passed over any screen, and the full weight mined credited to the miner. In Kansas it is specifically provided that this law may not be waived by contract, and in the other States it is apparently implied that the law is binding and may not be waived, except in Wyoming, where the statute adds that in case of an agreement where coal is credited to miners after having been screened and weighed, the miners or employees shall receive compensation for all marketable or salable coal sent by them to the surface. In Kansas, Missouri, Ohio, and Wyoming it is further added that where mining is done by machinery the class of workers known as loaders, if paid by the ton, shall be credited for the full weight before screening. But in Indiana and Iowa the act is not to compel operators to pay for slate, rock, sulphur, or other impurities. West Virginia provides that coal paid for by weight shall be weighed in

1

1 Ark., Acts 1899, No. 102, sec. 2; Ill., R. S. 1891, ch. 93, secs. 26-28; Ind., An. St. 1894, ch, 94, sec. 7465; Iowa, L. 1888, ch. 54, sec. 1; Kan., L. 1893, ch. 188, sec. 1; Mo., R. S. 1889, ch. 115, secs. 7054, 7057; Ohio, R. S. secs. 295a-295c, as added by L. 1898, p. 33; Penn., L. 1897, Act 224, sec. 1 (see also Dig. p. 1341, sec. 17), Wash., Stats. and Codes, sec. 2243; W. Va., Code 1891, p. 998, sec. 3; Wyo., L. 1890, ch. 79, secs. 1, 3.

The following is the full text of the Indiana and Kansas acts, which represent the two most common forms:

Indiana, An. St., sec. 7465:

All coal mined in this State under contract for payment, by the ton or other quantity, shall be weighed before being screened, and the full weight thereof shall be credited to the miner of such coal, and eighty pounds of such coal as mined shall constitute a bushel, and two thousand pounds of coal as mined shall constitute a ton: Provided, That nothing in this act shall be so construed as to compel payment for sulphur, rock, slate, black jack, or other impurities, including dirt, which may be loaded with, or amongst the coal.

Kansas, Acts of 1893, ch. 188:

SEC. 1. It shall be unlawful for any mine owner, lessee or operator of coal mines in this State, employing miners at bushel or ton rates, or other quantity, to pass the output of coal mined by said miners over any screen or other device which shall take any part from the value thereof before the same shall have been weighed and duly credited to the employees and accounted for at the legal rate of weights as fixed by the laws of Kansas.

SEC. 5. Any provisions, contract or agreement between mine owners or operators thereof, and the miners employed therein, whereby the provisions of section 1 of this act are waived, modified or annulled, shall be void and of no effect; and the coal sent to the surface shall be accepted or rejected, and if accepted shall be weighed in accordance with the provisions of this act; and right of action shall not be invalidated by reason of any contract or agreement.

SEC. 6. The provisions of this act shall also apply to the class of workers in mines known as loaders, engaged in mines where mining is done by machinery. Whenever workmen are under contract to load coal by the bushel, ton, or any other quantity the settlement of which is had by weight, the output shall be weighed in accordance with the provisions of this act.

the car in which it is removed from the mine, and that coal paid for by measure shall also be credited in the car in which it is removed from the mine. Illinois also formerly required that coal should be weighed in the pit cars before being screened, but the act has been held unconstitutional under article 2, section 2, of the constitution of Illinois, as depriving persons without due process of law of their property rights in making contracts. (Ramsay v. People, 142 Ill., p. 380.) The West Virginia act has been upheld by the State court, especially as applied to corporations. (State v. Peel Splint Coal Co., 36 W. Va., p. 802.) The act is declared not to be in violation of the bill of rights of the constitution of West Virginia in depriving persons of property without due process of law; nor is it in conflict with the fourteenth amendment to the Constitution of the United States by abridging the privileges and immunities of the citizens of the United States. The Kansas act has also been upheld as constitutional in Wilson v. State, 53 Pacific Reporter, p. 371.

SEC. 6. MEASUREMENT OF COAL.-Maryland:1 In mines worked by shaft alone the owner or operator may contract with the miners to mine coal by measurement, and in such cases it shall not be obligatory to provide a weighmaster or weigh the coal mined; but the mine cars used in any such mine shall be measured by a sworn measurer and the capacity of each plainly stamped or branded thereon.

Pennsylvania: Where bituminous coal is mined by measurement all cars filled by miners or their laborers shall be uniform in capacity at each mine. No unbranded car shall enter the mine for a longer period than three months without being branded by the mine inspector of the district wherein the mine is situated. The miners may appoint a check measurer.

West Virginia: Each car used shall be numbered by consecutive numbers, plainly marked. If the miners are paid for mining the coal by measure, the number of bushels of coal each car will hold when loaded to its capacity shall also be plainly marked thereon as long as such car is so used.

[blocks in formation]

CHAPTER IV.

MINE INSPECTION.

Practically all of the States in which mines of any character are located have laws of varying degrees of elaborateness for protecting the safety of miners and securing inspection of mines. Since coal is found more generally in our States than any other mineral, most of the laws on mining inspection and regulation apply only to coal mines. In a few other States the laws applying to coal mines and to other classes of mines are wholly or partly distinct (Colorado, Utah, Montana, Michigan, and California), while in some States the laws are general, applying to all classes of mines (Idaho, New Jersey, New York). The laws usually apply only to mines where ten or more persons are employed, although sometimes a different limit is set.

Pennsylvania has separate laws as to bituminous and anthracite coal mines. The first is referred to in the digest in the following 14 sec tions, a separate section being devoted to the anthracite law.

1

SEC. 1. APPOINTMENT AND REMOVAL OF INSPECTORS.-The enforcement of the mining laws and the inspection of mines is intrusted in a few States to the commissioner of labor or the factory inspector, in addition to his other duties (Maine, New Jersey, New York, and North Carolina). In the other States one or more special inspectors are provided. The appointment is usually made by the governor, and it is provided in most cases that the inspectors shall be practical miners having a certain amount of experience, usually at least five years. A few States require examinations as to competence.

2

3

In Alabama there are to be a chief and two associate inspectors, holding office for three years. In Arkansas there is one inspector, who must have an experience of seven years, and who holds office for two years. In Colorado* there are separate inspectors for coal mines and for metal mines. A board of examiners, one appointed by the governor and one by the judge of each of the four judicial districts in which coal mines are situated, shall examine candidates, and the governor shall select one coal mine inspector from those certified as competent. The term of office is four years, and the candidate must be at least 30 years of age. As to the metalliferous mines, there is a bureau of mines, consisting of a commissioner, who must have had not less than seven years of practical experience in mining and must possess knowledge of metallurgy and geology, and two inspectors, who must

1 Me., Acts 1893, ch. 292, sec. 1; N. J., L. 1894, ch. 54, sec. 1; N. Y., L. 1897, ch. 415, sec. 120; N. C., L. 1897, ch. 251, sec. 1.

2 Acts 1896-7, No. 486, sec. 1.

3 Dig. 1894, sec. 5054.

An. St., secs. 3194-3197; L. 1899, ch. 119, secs. 1–7.

have similar qualifications as to practical experience. The term of the commissioner is four years, and of the inspectors, who are appointed by the commissioner with the consent of the governor, two years. The duties of this bureau are largely in the direction of promoting mining industries in Colorado, making collections, etc., but the inspectors also have duties as to the safety of mines.

In Idaho1 the inspector of mines is elected by the people biennially. A deputy inspector is also provided for.

2

Illinois provides for seven inspectors, having a term of two years, who must be at least 30 years of age, and must have had ten years of practical experience. A State mining board, consisting of two practical coal miners, two owners or operators of coal mines, and a mine engineer, is established, whose duty it is to hold examinations from time to time for candidates for the position of mine inspector, as well as for mine foremen, fire bosses, and hoisting engineers. All candidates who receive a rating upon examinations above the minimum fixed by the rules of the board are to be certified to the governor, who is to make his appointments from the names thus submitted. On request of any inspector the county authorities of any county must appoint a county inspector, who must hold a certificate of competence as a mine foreman or manager. He shall assist the State inspector and may be delegated with full power during the State inspector's absence.

3

In Indiana the inspector of mines is appointed by the State geologist after an examination to test his fitness for the position. An assistant inspector is to be appointed by the inspector after similar examination. Both of these officers must have had at least ten years' practical experience. The term of office is two years. Iowa1 provides for three inspectors for different districts, who shall hold office two years. In Kansas" there is one inspector holding office for two years; he must be 30 years of age. In Kentucky, also, there is one inspector with a term of four years. It is required that he shall have practical knowledge of chemistry, geology, and mineralogy, as well as of mining. Maryland provides for one inspector for the two counties in which mines are located. The inspector must be at least 30 years of age, holds office for two years. In Michigan an inspector of coal mines is to be appointed by the State commissioner of labor. In addition, the board of supervisors in any county of the Upper Peninsula of Michigan may appoint an inspector for the mines of that county. In Missouri' there are two inspectors, one for coal mines and one for other mines. In Montana 10 there is one inspector holding office for four years, who must be at least 30 years of age, and a deputy, who must have similar qualifications. In Ohio" the law provides for one chief inspector, and seven district inspectors appointed by the chief inspector. The chief holds office for four years and the district inspectors for

1 Act Feb. 14, 1899, secs. 1, 2, 11, 13.

8

and

2 L. 1899, Act Apr. 18, secs. 6, 7, 12, 15. See provisions in full below, pp. 296–301. 3 An. St., secs. 7451-7454.

Acts 1884, ch. 21, secs. 1-3, 6, as amended by Acts 1886, ch. 140.

5 Gen. S. 1897, ch. 149, secs. 6-10.

6 Stats. 1894, sec. 2722.

'L. 1898, ch. 34, sec. 196.

L. 1887, No. 213, sec. 1; L. 1899, No. 57, sec. 1.

9R. S., sec. 7071.

10 Pol. Code, secs. 580-582, as amended by L. 1897, p. 109.

11 R. S., sec. 290.

« PreviousContinue »