Pennsylvania Act 1903-137 — DEPARTMENT OF MINES CREATED

Act text

DEPARTMENT OF MINES CREATED
                 Act of Apr. 14, 1903, P.L. 180, No. 137              Cl. 52
                                  AN ACT

     To establish a Department of Mines in Pennsylvania; defining its
        purposes and authority; providing for the appointment of a
        Chief of said Department, and assistants, and fixing their
        salaries and expenses.

        Section 1.  Be it enacted, &c., That there is hereby
     established in Pennsylvania a Department known as the Department
     of Mines, which shall be charged with the supervision of the
     execution of the mining laws of this Commonwealth, and the care
     and publication of the annual reports of the inspectors of coal
     mines and any and all other mines that may come under the
     provisions of the mining laws of this Commonwealth.
        Section 2.  The chief officer of this department shall be
     denominated Chief of the Department of Mines, and shall be
     appointed by the Governor, by and with the advice and consent of
     the Senate, within thirty days after the final passage of this
     act, and every four years thereafter, who shall be commissioned
     by the Governor to serve a term of four years from the date of
     his appointment, and until his successor is duly qualified, and
     shall receive an annual salary of five thousand dollars and
     traveling expenses; and in case of a vacancy in the office of
     chief of said department, by reason of death, resignation or
     otherwise, the Governor shall appoint a qualified person to fill
     such vacancy for the unexpired balance of the term.
        (2 amended Jun. 7, 1915, P.L.877, No.390)
        Section 3.  The Chief of the Department of Mines shall be a
     competent person, having at least ten years' practical
     experience as a miner and the qualifications of the present mine
     inspectors. The said Chief of the Department of Mines, so
     appointed, shall, before entering upon the duties of his office,
     take and subscribe to the oath of office prescribed by the
     Constitution, the same to be filed in the office of the
     Secretary of the Commonwealth, and give to the Commonwealth a
     bond in the penal sum of ten thousand dollars, with surety, to
     be approved by the Governor, conditioned for the faithful
     discharge of the duties of his office.
        Section 4.  It shall be the duty of the Chief of the
     Department to devote the whole of his time to duties of his
     office, and to see that the mining laws of the State are
     faithfully executed; and for this purpose he is hereby invested
     with the same power and authority as the mine inspectors, to
     enter, inspect and examine any mine or colliery within the
     State, and the works and machinery connected therewith, and to
     give such aid and instruction to the mine inspectors, from time
     to time, as he may deem best calculated to protect the health
     and promote the safety of all persons employed in and about the
     mines; and the said Chief of the Department of Mines shall have
     the power to suspend any mine inspector for any neglect of duty,
     but such suspended mine inspector shall have the right of appeal
     to the Governor, who shall be empowered to approve of such
     suspension or restore such suspended mine inspector to duty,
     after investigating the causes which led to such suspension.
     Should the Chief of Department of Mines receive information by
     petition, signed by ten or more miners or three or more
     operators, setting forth that any of the mine inspectors are
     neglectful of the duties of their office, or are physically
     unable to perform the duties of their office, or are guilty of
     malfeasance in office, he shall at once investigate the matter;
     and if he shall be satisfied that the charge or charges are well
     founded, he shall then petition the court of common pleas or the
     judge in chambers, in any county within or partly within the
     inspection district of the said mine inspector; which court upon
     receipt of said petition and a report of the character of the
     charges and testimony produced, shall at once issue a citation,
     in the name of the Commonwealth, to the said inspector to
     appear, on not less than fifteen days' notice, on a fixed day,
     before said court, at which time the court shall proceed to
     inquire into the allegations of the petitioners, and may require
     the attendance of such witnesses, on the subpoena issued and
     served by the proper officer or officers, as the judge of the
     court and the Chief of said Department may deem necessary in the
     case; the inspector under investigation shall also have similar
     power and authority to compel the attendance of witnesses in his
     behalf. If the court shall find by said investigation that the
     said mine inspector is guilty of neglecting his official duties,
     or is physically incompetent to perform the duties of his
     office, or is guilty of malfeasance in office, the said court
     shall certify the same to the Governor, who shall declare the
     office vacant, and shall proceed to supply the vacancy as
     provided by the mining laws of the State. The cost of such
     investigation shall, if the charges are sustained, be imposed
     upon the deposed mine inspector; but if the charges are not
     sustained, the costs shall be paid out of the State Treasury,
     upon voucher or vouchers duly certified by said Chief of
     Department.
        To enable said Chief of the Department of Mines to conduct
     more effectually his examinations and investigations of the
     charge and complaints which may be made by petitioners against
     any of the mine inspectors as herein provided, he shall have
     power to administer oaths and take affidavits and depositions,
     in form and manner provided by law: Provided, however, That
     nothing in this section shall be construed as to repeal section
     thirteen of article two of the act of Assembly, approved the
     second day of June, Anno Domini one thousand eight hundred and
     ninety-one, entitled "An act to provide for the health and
     safety of persons employed in and about the anthracite coal
     mines of Pennsylvania, and for the protection and preservation
     of property connected therewith," and also articles thirteen and
     fourteen of an act of Assembly, approved the fifteenth day of
     May, Anno Domini one thousand eight hundred and ninety-three,
     entitled "An act relating to bituminous coal mines, and
     providing for the lives, health, safety and welfare of persons
     employed therein."
        Section 5.  It shall be the duty of the Chief of the
     Department of Mines to take charge of, and preserve in his
     office, the annual reports of the mine inspectors, and transmit
     a synopsis of them, together with such other statistical data
     compiled therefrom, and other work of the Department as may be
     of public interest, properly addressed, to the Governor, to be
     transmitted to the General Assembly of this Commonwealth, on or
     before the fifteenth day of March in each year. It shall also be
     the duty of the Chief of Department of Mines to see that said
     reports are placed in the hands of the public printer or others
     equipped to reproduce same, for publication, on or before the
     first day of April in each year; the same to be published under
     the direction of the Chief of the Department of Mines. In order
     that the Chief of the said Department may be able to prepare,
     compile and transmit a synopsis of his annual report to the
     Governor within the time herein specified, the mine inspectors
     are hereby required to deliver their annual reports to the Chief
     of said Department on or before the twentieth day of February,
     in each year. In addition to the annual reports herein required
     of the mine inspectors, they shall furnish the Chief of the
     Department of Mines monthly reports, and also such special
     information on any subject regarding mine accidents, or other
     matters pertaining to mining interests, or the safety of persons
     employed in and about the mines, as he at any time may require
     or may deem necessary, in the proper and lawful discharge of his
     official duties. The Chief of the Department of Mines shall also
     establish, as far as may be practicable, a uniform style and
     size of blanks for the annual, monthly and special reports of
     the mine inspectors, and prescribe the form and subject matter
     to be embraced in the text and the tabulated statements of their
     reports.
        The Chief of the Department of Mines is hereby authorized to
     make such examinations and investigations as may enable him to
     report on the various systems of coal mining and all other
     mining practiced in the State, method of mining ventilation and
     machinery employed, the circumstances and responsibilities of
     mine accidents; and such other matters as may pertain to the
     general welfare of coal miners and others connected with mining,
     and the interests of mine owners and operators in the
     Commonwealth.
        (5 amended Jul. 18, 1957, P.L.990, No.434)
        Section 6.  The Board of Examiners for the examination of
     applicants for mine inspectors in the Anthracite and Bituminous
     coal mines of the Commonwealth, the Board for the examination of
     applicants for mine foremen and assistant mine foremen in the
     anthracite mines, the Board for the examination of applicants
     for first and second grade certificates in the Bituminous mines,
     and the Board styled Miners' Examining Board for applicants for
     certificates of competency as miners, shall send to the Chief of
     the Department of Mines duplicates of the manuscripts and all
     other papers of applicants, together with the tally-sheets and
     the solution of each question as given by the Examining Board,
     which shall be filed in the Department as public documents for a
     period of time not less than eight years.
        (6 amended Jul. 17, 1957, P.L.980, No.427)
        Section 7.  Certificates of qualification to mine foremen and
     assistant mine foremen in the anthracite mines shall be granted
     by the Chief of the Department of Mines to each applicant who
     has passed a successful examination. The certificates shall be
     in manner and form as shall be prescribed by the Chief of the
     Department of Mines, and a record of all certificates granted
     shall be kept in the department. Each certificate shall contain
     the full name, age, and place of birth of the applicant, and
     also the length and nature of his previous service in the mines.
     Before the examination for certificates of qualification to mine
     foremen and assistant mine foremen in the anthracite mines, each
     applicant shall pay a fee of two dollars, and each successful
     applicant shall pay an additional fee of three dollars before
     receiving a certificate. The money thus received from applicants
     shall be transmitted to the Chief of the Department of Mines, to
     be deposited in the State Treasury,--said fees to be put in the
     fund of the Department of Mines for the use of the department
     for inspection service. The moneys in such fund, from time to
     time, are hereby specifically appropriated to the Department of
     Mines for the purposes herein provided. In case of the loss or
     destruction of a certificate, the Chief of the Department of
     Mines shall, upon the presentation of satisfactory evidence of
     the loss or destruction, issue a copy of the certificate, to the
     original possessor, on the payment of the sum of one dollar.
        (7 amended May 28, 1923, P.L.456, No.248)
        Section 8.  The Chief of the Department of Mines shall keep
     in the Department a journal or record of all inspections,
     examinations and work done under his administration, and copies
     of all official communications; and is hereby authorized to
     procure such books, instruments, and chemicals, or other tests,
     as may be found necessary to the proper discharge of his duties
     under this act, at the expense of the State. All instruments,
     plans, books and records pertaining to the office shall be the
     property of the State, and shall be delivered to his successor
     in office.
        Section 9.  (9 repealed Apr. 4, 1929, P.L.151, No.153)
        Section 10.  The Chief of the Department of Mines shall, at
     all times, be accountable to the Governor for the faithful
     discharge of his duties imposed on him by law, and the
     administration of his office and the rules and regulations
     pertaining to said Department shall be subject to the approval
     of the Governor.
        Section 11.  No person who is acting as a land agent, or as a
     manager, viewer or agent of any mine or colliery, shall, at the
     same time, serve as Chief of the Department of Mines under the
     provisions of this act.
        Section 12.  All acts or parts of acts inconsistent with this
     act be and the same are hereby repealed.