Annual report of the chief inspector of mines for the year ending ..

Ohio. Inspector of Mines · 1874 · Historical

Annual report of the chief inspector of mines for the year ending .. by Ohio. Inspector of Mines (1874). Full text and reference in the Mountain Man Mining…

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Thirty-Sixth Annual Report

of the

Chief Inspector of Mines

Compliments of

Geo. Harrison

Chief Inspector of Mines

Year EncTfrtg Decbfitber 31, 1910 J

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R 1913 L

Table Of Coxtents.

Personnel of State Mining Department..

Letter of Transmittal

Introduction (Report of Chief Inspector)

Page

Summary 10

Special Articles, Etc

Coal Production

Persons Employed

Mining Machinery

Mines and Modes of Ventilation

Accidents

Improvements

Weigh Scales

Production of Fire Clay

Production of Limestone

Production of Iron Ore

Production of Gypsum

Mine Maps

Appointments

District Mine Inspectors' Renoru,. .. .

List of Limestone Oiu-rn torsi. c.'.r: . .;

PERSON" xmEL of state MINING DEPARTMENT.

CHIEF INSPECTOR OF MINES. GEO. HARRISON Wellston, O.

FIRST DISTRICT. John Burke Wellston, O.

SECOND DISTRICT. Edward Kennedy Carbon Hill, O.

THIRD DISTRICT. John L. McDonald Glouster, O.

FOURTH DISTRICT. Isaac Hill Zanesville, O.

Fifth District.

W. H. Turner (Resigned June 30, 1910) Cambridge, O.

(Succeeded by Abel Ellwood, Cambridge, O., July 1, 1910.)

SIXTH DISTRICT. Alex. Smith New Philadelphia, O.

SEVENTH DISTRICT. W. H. Miller Massillon, O.

EIGHTH DISTRICT. Lot Jenkins Bellaire, O.

NINTH DISTRICT. Thomas Morrison Sherodsville, O.

TEN EH DISTRICT. L. D. DcVore '. Bellaire, O.

ELEVENTH DISTRICT. James Henncssy Barton, O.

TWELFTH DISTRICT. Robert S. Wheatley Salineville, O.

Chief Qerk Mary Kincaid,* Columbus, O.

Stencapher Sue Senff, Columbus, O.

Statistical Clerk Hazel Sims, Columbus, O.

Recording Clerk Zella P. Harrison, Columbus, O.

Letter Of Transmittal.

Hon. Judson Harmon, Governor of Ohio,

Sir : — As provided for in Section 908 of the General Code, relating to mines and mining. I have the honor of submitting to you the Thirty- sixth Annual Report of this department.

Very truly yours,

George Harrison, Chief Inspector of Mines, May I, 191 1.

Report Of The Chief Inspector Of Mines.

Hon. Judson Harmon, Governor of Ohio.

Sir : — In compliance with Section 908 of the General Code, I here- with submit to you the Thirty-sixth Annual Report of this Department.

It is indeed a great pleasure to us to report that the year 1910 was the most prosperous year ever recorded in the mining industry of the State, at least in point of coal production, the total production being 34,424,951 tons, and the total number of persons employed in producing that amount of coal was 48,830, as compared with a total production of coal in 1909 of 27,755,032 tons and the total number of employes 47,019.* The increase of coal production in 1910 over that of 1909 was 6,669,919 tons, or over 24%, while the increase of employes in 1910 over 1909 was only 1,811, or less than 4%, showing that the aggregate average earnings were substantially increased in 1910 over that of 1909. The increased rate in wages of 5.55 per cent., which took effect April ist., together with the increased production of coal per man, made the year one of the most prosperous in point of actual earnings the miners in Ohio ever enjoyed.

When we look back and consider the steady growth and increase of the coal production in the United States, from year to year, especially for the past forty years, its growth is indeed phenomenal. In the year 1870 the coal production of the country was given in round numbers at 20,000,000 tons; in 1890 at 104,000,000 tons, and in the year 1910 it is estimated to be 400,000,000 tons, and it may possibly reach the un- precedented figures of 500,000,000 tons, or half billion mark.

In Ohio in the year 1872, the tonnage was recorded as 5,315,294 tons; in the year 1890, 11,788,859 tons; in the year 1900, 19,426,649 tons, and in the year 1910 the tonnage reached the high mark of 34,424,951 tons, a gain of 6,669,919 tons as compared with the year 1909, and so we see in the large growth of this wonderful industry that Ohio has played no small part, as only ten years out of a total of thirty-eight show a decrease in production, compared with the preceding year, caused, in some instances, by strikes and financial depressions which have peri- odically visited the country.

The abnormal increase in tonnage in Ohio during 19 10 was due to three causes: ist., the general prosperity of the coal trade; 2nd., to the increased demand for Lake coal and, 3rd., to the strike of miners for seven months in Illinois, which gave Ohio the opportunity of additional

6 Annual Report

markets west and northwest which producers could not have reached if the mines in Illinois had been in operation.

We are reliably informed that the prices of coal on board cars at the mines, in few instances, advanced in proportion to the increase paid to the miners. On the other hand the cost of production was in- creased during the last half of the year, incident to the operation of the new mining laws. Yet the mine operators in most instances seemed content to make contracts at figures which were based on con- ditions when the cost of production was not so high as it was during the last nine months of 1910. Taking all in all, however, the year 1910 will be recorded as a very satisfactory one to those connected with the mining industry of Ohio.

There are a number of districts in the State known as thin vein districts, where the natural disadvantages are such that coal cannot be produced only at an extra cost compared with cost where more natural favorable conditions prevail; unfortunately where this is so the natural disadvantage causing extra cost in producing the coal is not overbalanced by realizing higher prices for a superior quality of coal, as was the case in years gone by when the celebrated Jackson and Mas- sillon high grade domestic fuel coals were produced in such large quan- tities in Jackson and Stark counties, both of which are nearing exhaus- tion.

During the year the mines in the Crooksville, Perry County, district were closed down for seven months and in the Tuscarawas district a strike was declared on the nth day of June, because of a disagreement between operators and miners regarding mining prices, the operators claiming inability to compete with the prices at which coal was pro- duced in other districts, and preferring to quietly close down their mines in preference to operating at a loss by paying higher relative prices than the other districts referred to, while the miners contended that on account of the thin coal and other natural disadvantages which required more labor to produce they could not suffer any curtailment in their earnings. This was still unsettled at the close of the year.

Uniform Business Policy.

It is evident that the time has come, owing to the many intricate phases which enter into an industry which, at best, is more or less fluctuating and uncertain, and also on account of keen competition, that miners and operators will begin to recognize the fact that there will have to be established some sound uniform business policy, and that the actual cost of production will have to enter more largely into these business transactions, placing all thin coal districts, where conditions are similar, on the same plane of equality and making the basis of operation the two broad and vital principles of ability to earn living wages and fair returns for investment of capital.

Inspector Of Mines. 7

Inspections.

Two thousand, eight hundred inspections and investigations of fatal accidents were made during the year, an increase of 329.

Two additional Inspectors were appointed and served a period of six months, making twelve Inspectors in all on the present force.

Legislation.

The new Mining Code went into operation June 11, 1910, and its effect on the industry at large, and the results anticipated by its inaugu- ration, is commented on elsewhere in this report.

Fatalities.

The greatest calamity which ever befell the Department occurred at the Amsterdam Mine, April 21st., in which fifteen lives were lost by an explosion of gas, which occurred about 9:30 P. M. when there were about twenty-three men in the mine and was the result of a mule driver propping open a door and misdirecting the air current, allowing the gas to accumulate and cause a local explosion in a remote part of the mine where two miners were working; the two men referred to and the mule driver, who was in the direct course of the current of the force from the explosion, were the only men that were killed from the actual ex- plosion and resultant force, the other twelve victims being overcome by the deadly after-damp in trying to make their way out of the mine. Many newspaper writers, and others, seemed to think it was fortunate that the explosion occurred at night instead of during the day when three hundred men might have been victims, overlooking the fact that during the day turn a constant attendant would have been at the door and no accumulation of gas to cause an explosion. A iuU account of this accident will be foimd on pages 20-27 in this report, one report being- submitted to this Department by Thomas Morrison, District Inspector, in whose district this accident occurred, and the other one made to you by this office. The legislature appropriated the sum of $10,000.00 for the relief of those left dependent on account of this accident. See pages 28-29.

One hundred and sixty-one (161) fatal accidents were reported during the year, eight more than were reported during the preceding year. This number includes the fifteen persons who lost their lives at the Amsterdam Mine by an explosion of gas. This is the greatest num- ber ever recorded in the history of the Department, the number in 1907 reaching 153. The number of persons killed by high speed haulage motors, mining machinery and mine cars, is increasing annually.

The desire to increase the tonnage of mines to their greatest capacity, and the willful recklessness and disregard for law and orders for their own safety by employes is clearly accountable for much of the increase in the number of fatalities during the year.

8 Annual Report

Advancement Of Knowledge.

Never was there a time when there was such an awakening of the public conscience in matters pertaining to the prevention of mine calami- ties, with which this country, of late years, has been so direly dealt with. The best intellects of the country have been active in advancing theories which would tend to eliminate causes and conditions which have led to these terrible catastrophes, and we feel confident that from out of it all there will come some sound, uniform, basis of mine operations which will bear fruit in the number of lives saved for humanity.

There is one very fruitful cause of accidents in mines which can not be reached and effectively dealt with by any legislation, or by any action of the state or federal jurisdiction, unless they have the willing co- operation and earnest assistance of mine operators and miners generally, viz., the individual accidents resulting from want of due diligence on the part of the management of mines, and from carelessness or recklessness on part of employes. Mining records in this office show that a large majority of all accidents are traceable to these causes. The mine fore- man, in many instances, instead of spending his time looking after the working places in the interior of the mine and seeing that those under his jurisdiction are doing their duty, is usually found looking after the getting out of coal, while his most important duties are either neglected or left to some careless or irresponsible subordinate, and the most im- portant matters are overlooked or neglected. On the other hand a great many employes disregard laws calculated to safeguard themselves and others, by their mad recklessness in jumping on trips of cars, neglecting to prop their working places, or take down dangerous roof at the proper time or until it falls down and they sustain fatal injuries. A number of fatalities are caused by miners leaving their working places to visit others and coming in contact with unseen dangers from various causes in traveling hastily from place to place in the mines where their duty does not call them. When reasoned with about such practices they assert their right to individual liberty in such matters and most of those having charge of mines seem more interested in **hustling to get out coal" than they are in establishing proper discipline in their mines and seeing that those under their charge comply with the laws, as the laws require them to do. The secret of the low per cent, of fatalities in Great Britain, and other foreign countries, in mines is the rigid discipline maintained by the coal companies, having men continually traveling the mines and promptly prosecuting persons indulging in dangerous prac- tices of violation of mine discipline and law.

Our own Federal Government has awakened to the situation and has inaugurated, what has long been advocated, a Government Bureau of Mines, and much good has resulted and will continue to result from its co-operation and suggestions to state mining departments.

Inspector Of Mixes.

Appointments.

Three new District Mine Inspectors were appointeJ during the year 1910 and one re-appointed. Abel Ellwood, of the Fifth Mining District, succeeded W. H. Turner, as district mine inspector, having been appointed for a term beginning July i, 19 10, and ending June 30, 191 3. Thomas Morrison, of the Ninth Mining District, was re-appointed for a term beginning July i, 1910. and ending June 30, 1913. James Hen- nessy, of the Eleventh Mining District, was appointed for a term ban- ning June II, 1910. and ending June 10, 1913. Robert S, WTieatley, of the Twelfth Mining District, was appointed for a term beginning July I, 1910, and ending June 30, 1913. Tliese two last appointments were in accordance with the prorisions of the new Mining Code, which increased the number of inspectors to twelve in all.

Fines.

There has been collected and turned into the State Treasur}-, since the enactment of the new mining law, which went into effect June 11, 1910, fines for violations of its prox-isions, amounting to S600.00.

For your co-operation in matters pertaining to the welfare of the Department, we are deeply indebted. The policy which we have en- deavored to pursue in selecting for appointment Inspectors of wide, practical, knowledge, sanctioned by your approval, has, we believe, been justified by the present excellent personnel of Inspectors, and the splendid work which they have accomplished during the year is exemplified by the improved conditions of the mines of the state today. They have ever been eager to judiciously enforce the laws for the protection of life, limb, and mine properties, without fear or favor, irrespective of who the individual might be if guilty of willfully and persistently \nolat- ing the law. However, taking into consideration the number of mines in the state and the number of persons employed, the number of prose- cutions has not been exceedingly large. The new mining laws also went into effect, which were much more rigid in requirements, provisions, penalties, etc., than the old law, and some violations may have been due to ignorance of ttie law rather than a disposition to willfully and flagrantly violate it.

We also desire to thank the Inspectors for their conscientious devotion to their duties, and for the hearty co-operation of the office

The year 191 1 seems to have opened up auspiciously for a successful and prosperous one, and with conditions normal ought to be one of in- terest and profit to all. \'ery truly yours,

Geo. Harrison, May I, 1911. Chief Inspector of Mines.

Axxuai. Report

Summary Axi) Comparison Of The Coal Trade Of Ohio For

The Years 1J09 And 1910.

Number of pick miners

Number of drillers, shooters and loaders

Number of hands operating machines '. . .

Number of day hands employed in both pick and

machine mines

Total number of persons employed

Gain in number employed as compared with '09

Average number of days worked by pick miners

Average number of days worked by D. S. & L

Average number of days workerl by machine runners.

Number tons coal produced by pick

Number tons coal produced i)y machinery.

Total number tons of coal produced

Gain in output as compared with the year '09

Per cent, of machine-mined coal

Per cent, of pick-mined coal

Number of coal-producing counties

Average number tons lump coal mined by each pick

miner per year

Average number tons lump coal mined by each pick

miner per day

Average number tons lump coal mined by each

driller, shooter and loader per year

Average number tons lump coal mined by each

driller, shooter and loader per day

Average number tons lump coal mined by each

machine runner per year

Average number tons lump coal mined by each

machine runner per day

Average number tons run-of-mine produced by each

pick miner per year

Average number tons run-of-mine produced by each

pick miner per day -

Average tons run-of-mine produced by driller,

shooter and loader per year

Average tons run-of-mine produced by driller,

shooter and loader per day

Average tons run-of-mine produced by each machine

runner per year

Average tons run-of-mine produced by each machine

runner per day

Number of fatal accidents

Number of serious accidents

Number of minor accidents

Total number of accidents

Number of deaths per thousand employed

Number serious accidents per thousand employed

Number minor accidents per thousand employed

Number tons of coal mined to the life lost

Number persons employed for each life lost

Number kegs of powder used as reported

Total number of new mines opened up

Number large mines suspended

Number large mines abandoned

Total number mines in operation

Number mining machines in use

Number motors in use

Total number of inspections made

7,741

23,803

3,159

47,019

4,608.402

23,146.630

27,755,032

4,956

7,327

241,348 1,034

7,214

25,176

3,293

13,147

1,811

4.341.483

30.083,468

34,424,951

6,669,919

6,291

1,195

9,136

273,406

Inspector Of Mines.

It

Summary And Comparison Of The Coal Trade Of Ohio For

THE YEARS 1909 AND 1910 — Concluded.

Number sets scales tested

Number permanent improvements

Number maps filed

Number tons fire clay produced

Number fire clay producing counties

Number persons employed in clay-producing coun- ties

Average number days worked in fire clay mines . . . .

Number counties producing limestone

Number persons employed in limestone quarries

Average number days worked in limestone quarries.

Number tons gypsum mined

Number persons employed in gypsum mines

Average number days worked in gypsum mines

Number tons iron ore produced

2,289,088

2,028,852

1,319

1,242

4,705

4,361

228,804

213,325

12,392

9,719

Special Articles, Rulings,

Etc.

44 Annual Report

Order Relating To Underground Stables.

On November 13, 1909, the country was shocked at the appalling loss of life which occurred at the Cherry Mine, Illinois, the caue of which was attributed, in a large degree, to the inflammable material of which many under-ground stables are constructed.

There being no specific law regulating the construction of under- ground stables in this state, and the Mining Commission being at that time engaged in framing the new mining code, the Department issued the following order requiring all under-ground stables to be made as nearly fire-proof as possible, although the District Mine Inspectors had been active in securing at all times as many interior openings for escape as they reasonably could in the absence of any special statute to enforce them, and much credit is due many of the operators who willingly com- plied with these requests, realizing their importance in case of any grave calamity which might at any time take place.

STATE MINING DEPARTMENT Columbus, Ohio.

To Mine Operators And Mine Managers.

Notice

Wherever there are stables in mines for the housing of stock, such stables must be made to conform to the following Order, which has been approved by the members of the Mining Commission, and recommended to be enacted into law :

Relating To Underground Stables

I. The stable or stalls shall be separated from the main inlet and main outlet air courses by not less than twenty feet of solid strata or a solid wall of "brick or masonry not less than twelve inches in thickness, except at two doors not more than four feet wide, which shall be made of steel plate not less than one-quarter inch in thickness and hinged to the solid strata or masonry without the use of wood.

II. The ventilation for the stable shall be taken from main inlet air course by a by-pass or separate split and returned to the main f)utlet air-course so that the air passing the stables will not enter the inward working places of the mine, and arranged so that the by-pass or split can readily be closed at both inlet and in-tlet sides of the stable by steel doors hinged to the solid strata or masonry without the use of wood.

III. The construction of the stable inside shall be free from pine or light lumber; shall be of brick or masonry as much as practicable, and any timber used shall be of hardwood of a cross section not less than three bv six inches.

Inspector Of Mines. 15

IV. No hay or straw shall be taken into the mine or stable unless same be compressed into compact bales, and then only from time to time in such quanti- ties as will be required for two days' use; no greater quantity of hay or straw shall be stored in the mine or stable, and when such is taken into the mine it shall be taken inside the stable at once.

V. The lights used in the stable shall be incandescent electric lamps placed so that same will not be injured by the stock or by persons required to enter the stable, or lanterns of railroad type suitable for using lard or signal oil, and only such oil shall be used therein.

VI. All refuse and waste shall be promptly removed from the stable and the mine, and shall not be allowed to accumulate.

VII. Hereafter, stables constructed underground shall be located not nearer than one hundred and fifty feet of any opening to the mine used as a means of ingress or egress.

Geo. Harrison, Chief Inspector of Mines, Columbus Ohio, February 2, 1910.

The following report of the investigation of the explosion which took place at the Delmore Mine, Columbiana County, O., January 24, 1910, is herewith re-printed as a matter of the 19 10 records, but all the facts and circumstances connected with this and other similar explosions which took place in connection with the system of Blasting Coal off tlie Solid, will be found in the report for the year HJ09.

REPORT OF THE DELMORE MINE EXPLOSION MADE BY INSPECT- ORS SMITH, MORRISON AND MILLER.

New Philadelphia, O., Feb. 18, 1910. Hon. Geo. Harrison, Chief Inspector of Mines, Columbus, O.

Dear Sir: — We herewith submit to you the facts in connection with the explosion which took place on January 24, at the Dclniore mine, Leetonia, Co- lumbiana county, O., and which resulted in the death of Mr. Jas. Blaemire, who was employed as shot firer to fire the shots in the mine after the miners had left the mine.

District Inspector W. H. Miller being in the neighborhood, and learning of the explosion, immediately went to the mine, at the same time notifying District Inspector Alex Smith, in whose district the mine is located, and who arrived on the scene the following day. With the assistance of mine foreman and miners, Mr. Miller and Mr. Smith succeeded in recovering the body of the victim about 2 p. m., the day following the explosion. This body was found on the right entry, just beyond the No. 9 room.

On the 26th ult, in company with yourself, we again visited the mine, but as the ventilating system was entirely disarranged, were unable to enter the mine. Instructions were given to the company to reconstruct the stoppings and build the fan house reversible; then notify the Department when they were ready for inspection.

On being notified that the mine was ready for inspection, we again re- turned, and in company with yourself, Mr. Percy Tetlow, president of the United Mine Workers in that district, and Mr. Daniel McGrath, the mine foreman,

16 Annual Report

made a thorough inspection of the mine on the 17th inst., the result being our firm conviction that the explosion which resulted in the death of Mr. Blaemire occurred from shots fired in the No. 5 room on the third right entry, being the same place where the blown-out shots caused the explosion on December 16. In this room, two shots had been fired; one on the right hand rib, and another near the center of the room. Both of these were drilled and fired in violation of the orders given by the Mining Department, which specified that no hole should be drilled beyond the depth of the mining or cutting, and that if shot firers were employed they should not fire any shot drilled contrary to that order.

. The hole next to the rib was drilled 18 inches, and the center hole 23 inches deeper than the cutting, and in consequence could not possibly do the work intended to be done, the result being a portion of the hole only being blown out.

In the No. 2 entry, all the shots were fired, with no evidence that the ex- plosion had exerted any force in this part of the mine, but two shots were fired without any mining being done.

In the fourth right entry, some of the shots were fired and the coal blown out so that we were unable to tell whether any mining had been done or not.

In the No. 4 room of No. 4 entry, two shots were tamped. There was some mining done on one of these shots, but the other was not mined in any part, and was a very heavy shot.

At the head of the entry, a place turning off to the left, another hole was tamped, but not fired. We do not know how deep this hole was, but the shearing was not over 18 inches deep, with no mining whatever. On this entry, there had been considerable force. The track was torn up for some distance on the outer end of the entry, and there had been some fire, as we found some burned paper and dust burned on the posts. The shots had also been fired in the main entry, but no damage done. In the fourth left entry, the shots were fired. In these the coal was blown out. We could not tell much about whether they had been mined or not, but some were found standing; no mining had been done on these.

It is a conclusive fact that the order of this Department in regard to firing shots was violated, as well as the law in regard to the kind of tamping to be used, as we found holes tamped with dummy cartridges, filled with drill dust, an shots fired without any mining being done whatever.

The shot firers and the miners were aware of the fact that orders had been given that no shots were to be fired unless at least one-half of the coal was undercut, and no person to fire any shot unless he tamped it himself, or had seen the charge tamped. As these orders have been violated, we consider that those who have violated them are the parties responsible for these accidents.

By careful examination of all the places in advance of the air, and in abandoned places where fire-damp would be most likely to be found, we were unable to find a single trace of explosive gas and we are thoroughly convinced that gas played no part in this explosion.

After our investigation of this mine, we are more than satisfied that the reckless system of mining practiced in this and other mines in the same dis- trict, and previously condenmed by the Mining Department, is not only a con- tinual menace to life, but is also an unwarrantable waste of coal, as great quantities are pulverized and blown back in the rooms and working places, where it remains; in fact, it is almost impossible to load it out.

The Department has time and again advised both miners and operators to stop this dangerous and destructive method of producing coal, and advised them to adopt a safer method; and not wishing to impose any unreasonable

Inspector Of Mines. 17

burden on any one, we recommend that "permissible explosives" be used, and gave orders that at least one-half of the coal be undercut before being blasted. The Department is loath to give arbitrary or stringent orders when it can be avoided, but as its duty is to protect life, limb and property, and we find that those who need and should try to protect themselves ignore orders given solely for their protection, we feel that it is time to give such orders that will not only protect them while at work, but will protect them from en- dangering lives of their fellow workmen unnecessarily.

. We again recommend that all coal be undercut before being blasted. If this mine, resumes operation, the orders previously given must be thoroughly complied with; that is, that at least one-half of the coal be undercut, and no hole drilled beyond the mining, and if the coal must be mined in this manner, the use of black powder must be prohibited, and nothing but "permissible ex- plosives" used. The necessary precautions must be exercised in keeping the mine free from dust and it must be clearly understood that if those orders are again violated, steps will immediately be taken to enjoin the company from operating under the present system of mining.

Respectfully submitted,

Ai.Ex Smith,

fnsffcctor Sixth District. Thus. Morrison,

Inspector Ninth District. Approved: \V. H. Miller,

Gko. Harrison, Inspector Seventh Districts

Chief Inspector of Mines.

Note : — Following the investigation and report of the above ex- plosion, the company operating this property suspended all operations at this mine, and commenced the installation of mining machinery to cut the coal, which has been attended with much success, and no serious ac- cidents such as took place during the year 1909, and 1910, in which the lives of three shot firers lost their lives, have occurred.

The following circular was issued in order to familarize all persons connected in any way with the mining of coal in the state with the pro- visions of the new mining laws which went into effect June ii, 1910, in order that there might be as little delay and inconvenience in complying with its requirements as possible.

STATE MINING DEPARTMENT, Columbus, Ohio.

TO MINE OPERATORS, MINERS, OIL WELL DRILLERS. MANUFACTLTERS OF ILLUMINATING OILS FOR USE IN MINES, AND ALL OTHERS INTEREST- ED IN THE OPERATION OF MINES:

Notice.

The new mining code passed March 23rd by both Houses of the Ohio Legis- lature, and approved by the signature of Governor Harmon on April 11, IPIO. will take effect and be in full force on and after June 11, 1910.

2 L of K.

18 Annual Report

Many important changes have been made in the old law* and many new provisions, which were necessary to cover new conditions and new dmsers.

The duties and obligations of owner, lessee or agent, and all employes in the mines, have been carefully and impartially considered and clearly defined.

The dangers liable to result to life and property in the operation of mines from the hitherto "wild-cat" system of drilling oil and gas wells through work- able veins of coal and abandoning them without leaving any record, have been fully provided against. Any person, firm or corporation desiring to commence the drilling of an oil or gas well that will penetrate a vein of coal must first secure permission in writing from the Mining Department, and comply with all the provisions of law pertaining to that work.

The manufacture, sale and use of impure oil for illuminating purposes in the mines is prohibited, and an effective means of detecting it provided.

The size of miners lamps has been regulated, and open torches as stationary lights in mines have been prohibited.

The volume of air has been increased so that better and more powerful artificial ventilation equipments will be necessary in many instances.

Penalties in all cases of violation, and a quick and ready means of prose- cution is also provided. A person cannot longer ignore or violate any provision of the mining law with impunity, and when brought before the lower court waive examination and give bond to appear before the Grand Jury of the county, taking unscrupulous and undue advantage of the interval to prevent the forth- coming of evidence against him. For first offense his case must be put on record by trial before a Justice of the Peace, while it is new and the evidence obtain- able. State and county lines are sometimes convenient land-marks to those who disregard law, and are sometimes used by criminals, as well as witnesses, to defeat the ends of justice.

The new code was the work and recommendations of a Commission com- posed of three operators, recommended by the operators, and three represent- ative miners, recommended by the miners, and appointed by Governor Harris, and the writer, who was selected by the other six members and also appointed by Governor Harris as the seventh member.

We fully realize that objections may be taken to some of the provisions of the bill, but it could not be expected that an entire code of laws could be drafted covering so many new and varied conditions in mines, that would not have some defects. From time to time, necessary changes can easily be made.

In the consideration of almost every question, the cost of the production of coal, the liberties of the employes, or the increased responsibility of some person, was necessarily affected, necessitating in most instances keen argument, in which the interests of all were zealously guarded and logically protected by their respective representatives. To secure a unanimous and harmonious agree- ment, and insure a good code of laws, it required reasonable concessions from both sides, which was commendable to both parties, and the fact that Governor Harmon sent the recommendations of the Commission to the Senate and House of Rep- resentatives, accompanied by special message of approval, and that both Houses of the Legislature enacted them into law without a single change, or a dissenting voice or vote against them, is the highest compliment that could be paid to the Ohio mine operators and miners.

Sixty days after the passage and approval of the bill has been allowed, to give time to prepare to meet its requirements. This provision was made so that there could be no misunderstanding on that point, and no room for any excuse of ignorance of the law. All must be prepared to meet with a reasonable compliance of the new law, or the inspectors will be compelled to seek an appli- cation of the penalties. This must not be understood to mean, however, that

Inspector Of Mines. 19

there will be any change of policy on part of the Department, or that the in- spectors will pursue any harsh, radical, unreasonable or unfriendly course. It means that the law will be reasonably and judiciously enforced alike to all, and ' iwe trust they will have the friendly cooperation of all to that end.

Copies of the entire code can be had by writing the Secretary of State, or xhe Mining Department, Columbus, Ohio.'

Very respectfully yours,

Geo. Harrison, Chief Inspector of Mines, April 12, 1910.

20 Annual Report

"Amsterdam Explosion."

(Report of Thos. Morrison, district mine inspector, Sherodsville, Ohio on the Amsterdam mine explosion, which occurred

April 2ist, 1910.)

State Mining Department,

COLUMBUSj O.

Sherodsvlle, Ohio, May 9, 1910.

Hon. Geo. Harrison, Chief Inspector of Mines, of Columbus, Ohio.

Dear Sir: — I herewith submit the following report on the Amster- dam mine explosion, which took place about 9:30 P. !M., on April 21st last.

I was informed over the telephone by the Superintendent of the Youghiogheny & Ohio Coal Co.'s mine at .Amsterdam, that an explosion had occurred at that mine. Being at the -Hotel at Amsterdam at the time, I reached the mine inside of an hour thereafter. Learning that the explosion was of a serious nature, I notified yop by wire, with a recjuest for assistance. We then entered the mine by means of the hoist in the air shaft, the main shaft being wrecked so that we were unable to use the cages in it.

The ventilating fan, which is a Robinson make, 14' x 6', operated by steam power, was found on examination to be much damaged. The bearings were so damaged that the end of the fan shaft dropped down, throwing the fan out of line, causing it to run against the casing and heating the bearings. This was a serious draw-back, as we had every hope of rescuing some of the men in the mine alive. After a hurried consultation, Mr. Jones, the Superintendent of the mine, concluded that by putting men at the fan to keep continually pouring lubricating oil on the boxings, he could keep it running for a few hours at least, and suc- ceeded in doing so until 4 o'clock the following morning.

During this time, an exj)loring party staid in the mine, and .we tried to reach the places where men were known to have been working. We succeeded in reaching the head of the ist and 2n(l West on the South Side of the mine, entering the No. 2 Room on 2nd West Entry, where two men had been working, and found their dinner buckets, but could see no trace of the men, who had evidently left this place after the explosion and tried to reach the shaft, as we found them later lying side In- side on the 3rd Southwest Entry, where they had evidently been over- come with after-damp and lay down and died. The atter-dani]) was so strong, our party was nearly overcome, and we were forced t( retreat : some of the party, having difficulty in reacliing fresli air.

Inspector Of Mines. 21'

We reached the surface at 2:30 A. Al., on the morning following the explosion. A few minutes after we had reached the surface, we heard a signal from the bottom of the main shaft, and immediately re- turned and found that one man had made his way to the bottom alive, carrying with him an open light. After bringing him out, we again started to explore the mine, and this time entered the old ist Southwest Entr>', where three other men had been working, taking out track rails. We explored this section, and found the tools, but the men were gone. We then concluded to make our way through a short pair of face entries to the 3rd Southwest, where we supposed the men had gone in their efforts to reach the shaft. On reaching this entry, we found the three men lying dead on the passway, where the after-damp had evidently done its deadly work. We put one of them on the stretcher, and started towards the bottom, but had not gone over 100 ft. along the 3rd South- west Entry until we found the two men who had left the No. 2 Room on 2nd Southwest Entry, also dead from the effects of the after-damp.

As our party was again almost overcome, and believing that all the others were dead, we decided to return to the surface, which we did at 4 o'clock in the morning, and on learning that the fan was in such a condition that it could not be run much longer, we decided to stop and repair it, as we could not get along without an air current.

At 7 A. M., the fan was again put in operation, and the cage in the main shaft cut loose. We then proceeded to take in material to build temporary stoppings and carry the air current with us. With the officials of the mine, and the assistance of the miners of this and the surrounding mines, who willingly volunteered their assistance, this work progressed as rapidly as it was possible for it to be done.

On coming out of the mine about noon, we found that you and other members of the department had arrived at the mine and were ready to go in with the party which was going down. This party worked its way along the South Main Entry, and about 3 P. M., located seven bodies near the entrance of the 4th East Entry; these, and three other men were working in Xo. 18 Room, 4th East, when the explosion occurred.

From information received from three men who were afterwards rescued, those ten men tried to reach the shaft bottom; the last three men finding the after-damp too strong, retreated to the interior of the mine where they were found about 11 o'clock on the night of the 22nd.

Mr. Jas. W. Paul and Mr. J. R. Cavanaugh, from the United States Geological Survey Rescue Station at Pittsburg, arrived at 5 o'clock on the evening of the day after the explosion, bringing with them, helmets and other equipment necessary for the rescue and resuscitation of men that might be rescued. They, with another rescue party, entered the mine, all the men who were in the mine at the time of the explosion having been accounted for except fixe.

The efforts of the Geological men, with the use of the helmets, were

22 Annual Report

directed to where it was supposed the explosion had occurred. After reaching within about 1400 or 1500 feet of the point referred to, they were compelled to retreat, on account of the exhaustion in their efforts against falls and other obstructions, and because of the high temperature in the mine. It was then decided that a force of men should remove some of the obstructions and conduct the ventilation by temporary means, nearer to the point desired to reach, and the exploring party re- turned to the surface.

Another exploring party, composed of Mr. John Rees, the General Manager of the Company, the officials of the mine, mine inspectors, and a number of others, commenced to explore the Southeast side of the mine, and after being compelled to retreat a time or two, finally suc- ceeded in reaching the face of No. 3 and No. 4 S. E. Butt Entries, find- ing three of the missing men alive at No. 35 Room on 3rd S. E. Entry, but, though conscious, in a very exhausted condition.

The party at once communicated with the outside, and a force of men with blankets and stretchers was sent in to carry them to the sur- face, a distance of over 2,000 feet. After being carried to a point reached by the pure air, they were met in the mine by Mr. Paul and Mr. Cavanaugh, of the U. S. Geological Survey; Dr. Atwell of Amsterdam, and others, and the work of resuscitation and reviving was done before taking the men to the surface. They were taken on top about i :oo A. M., on the second morning after the explosion, and soon began to show signs of recovery. There were twenty-three men in the mine at the time of the explosion; five of them, including the night-foreman, were on the North side of the mine, which was not affected by the force of the explosion. These men made their way to the bottom of the shaft and were hoisted. With the eight men already rescued, and the thirteen bodies which had been recovered, the two machine men who were work- ing at or near the supposed location of the explosion were all that were not accounted for, and the work of conducting the ventilation in the direction of that point was prosecuted as vigorously as the obstacles met with would permit. By this means, we were able to eet within about 500 feet of the face of the workings, and form good judgment as to where the explosion had taken place, but owing to the presence of after-damp, and the obstnictions from falls of roof, our progress became very slow, and we decided to go out and report.

Another force of explorers then entered the mine, accompanied by Mr. Paul and Mr. Cavanaugh, with their helmets, and proceeded to the point where the other party had succeeded in reaching. Resuming the use of the helmets at this point, Mr. Paul and Mr. Cavanaugh proceeded cautiously to the seat of the explosion, finding the bodies of the two unfortunate men, and with great difficulty carrying one of them to the rescue party, who removed it to the bottom of the shaft. Knowing that the other man was dead, and there was great danger of losing life in

Inspector Of Mines. 23

trying to rescue the body without conducting a volume of air to the point where the body was lying, a consultation was held and it was considered that it would take at least twelve hours to erect the nec- essary brattices and recover the body without the use of the helmets.

Mr. Paul, Mr. Cavanaugh, and mine inspector Jno. L. McDonald, each with the use of a helmet, proceeded to the face of the entries where the explosion occurred, placing the body on a stretcher, and it was drawn 400 feet by use of a rope through the deadly after-damp by the exploring party with whom they were accompanied, and thus the last body was brought to the surface about 1 130 P. M., on Saturday, April 23rd, forty hours after the explosion.

You instructed inspectors McDonald, Kennedy and Burke, to remain in the district with me and assist in the restoring of the airways in the mine, and to advise you when the mine was in readiness for inspection ; this, we did, and later advised you that the mine would be in readiness on May 3rd for investigation, to ascertain if possible the cause of the explosion, and under your direction, the inspection was made on that date.

To you, and through you, I desire to express my sincere thanks to the officials of the Youghicheny & Ohio Coal Co., and other neighboring Coal Companies ; to the miners and community at Amsterdam for their loyal aid and heroic efforts in assisting in the work immediately after the explosion, and also to yourself and members of the mining department, and the Geological rescue men for ready response to my appeal for help and for the valuable counsel and active assistance in the hazardous work of rescue and recovery of the bodies of the unfortunate victims of the explosion.

Very respectfully yours,

Thomas Morrison, Inspector pth District,

State Mining Department,

Columbus, O.

'May 7, 1910. Y. & Q. Coal Co., Cleveland, Ohio.

Dear : — Before resuming operations at the Amsterdam mine, the fol- lowing orders must be complied with:

(1) The permanent stoppings must be replaced, and would prefer that tbey be made of brick and cement, or concrete.

(2) All obstructions, such as falls, must be removed from the air-courses, and doors repaired; would recommend that they be replaced with automatic doors.

(3) The dust in the airways, haulways, gobs, and on the timbers, sprinkled and removed from the mine.

(4) No open lights to be used unless on the passway at the bottom of

24 An Nual Reihdrt

the shaft, and no one allowed to go beyond that point, or in any manner enter the return airway, without a locked safety lamp.

(5) The cages should be given a thorough overhauling, the ropes ex- amined, and the guides in the shaft lined up. Wc would recommend that auto- matic doors be used at all important points in the mine, where it is necessary to use doors to direct the air current.

(6) After the above orders have been complied with, and the mine re- stored to its normal condition, the mining department must be notified, so that an inspection of the mine can be made before resuming operations.

Very respectfully yours,

Thos. M(HatisoN,

Inspector 9th District. John Burke,

Inspector 1st District. Approved :

Geo. Harrison,

Chief Inspector of Mines.

Amsterdam Explosion.

(Report of Geo. Harrison, Chief Inspector of Mines, Columbus, Ohio, on Amsterdam mine explosion, which occurred April 2ist, 1910.)

Hon. Judson Harmon, Governor of Ohio.

Dear Sir: — About midnight on April 21st, I received the following telegram :

"Bergholz, Ohio, April 21, 1910.

Geo. Harrison, Chief Inspector of Mines, Phone 5124, Columbus, Ohio.

Explosion Y. & O. mine, Amsterdam, Ohio. Bad. Send for helmet men at once, Thos. Morrison."

At 12:14 A. M,, a message was on the Western Union wire to Jas. W. Paul, United States Rescue Station, Pittsburg, Pa., asking for helmets and helmet men, and from that time until 7 o'clock in the morn- ing, when I left the city for the scene of the explosion, the time was spent in securing communication with all the district inspectors, re- quiring them to report at Amsterdam as quickly as they could get trans- portation to that point, which they did.

On arriving at the mine about 1 130 P. M., with district inspector W. H. Turner, who had also arrived, we at once examined the venfilating machinery, and went into the mine with an exploring party.

Mr. Morrison, in his report to this department, a copy of which is herewith attached, has covered the work of rescue so fullv that it is not necessary to repeat it.

The Exploring Party

And rescue work was entirely under the charge of Mr. Richard Jones, Superintendent of the Youghiogheny & Ohio Coal Co.. and his subordi-

Inspector Of Mixes. 25

nale officials at the mine, and Ir. Thos. Morrison, district ins|)ector, who cndcntly had plenty of good, willing volunteers to assist in the hazardous work.

Mr. Morrison was on the ground within less than an hour after the explosion, and from the time of the explosion until the last body was recovered, there was not a single hitch in the work, every'thing being done with cool deliberation, good judgment and foresight, and what was most remarkable, not a single person in any of the rescue parties re- ceived any injur}-, only from the effects of the after-damp, and nothing serious in that particular.

Ix.<;Pection.

On the 3rd inst., in company with inspectors Tlios. Morrison and John Burke, we made an inspection of the mine, to ascertain, if possible, the cause of the explosion. Mr. Jas. W. Paul, who is in charge of the United States Geological Rescue Station at Pittsburg, Pa., and the various persons composing the management of the mine, were also present.

There was little difficulty in locating the seat of the explosion, which all agreed was in the I-eft or East Entry of three parallel entries known as the Sub- South Main Entries, being driven in a Southwesterly di- rection, advancing into solid coal in the extreme Southwest section of the mine. These entries are each driven about i6 ft. wide, with a pillar of coal about 20 feet thick between the center entry and the one on each side. Breakthroughs are made between all the entries, as the law requires, namely : Sixty feet apart, and, in addition, canvas cloth is used to conduct the ventilating current from the last breakthrough to the face of the working place, so as to dilute and carry away the carbureted hydrogen gas (fire-damp), generated as the places advance.

A mining machine was found at the face of the center entry, mining second cut in a breakthrough to the left entry, having made three runs when the explosion occurred. One of the bodies of the machine ninners was in the center entry, nearly 200 feet from the face, some- >N'hat burned. The other body was found near the last breakthrough in the left entry, considerably burned. The clothing on those bodies was ot burned to anv extent, but considerable charred dust was found in the left e;ntr>' near where the body was found, and a little in the right corner at the face of the center entry.

Cause Of Explosion.

All indications show that one of the machine runners went into the 'ft entry, for some purpose which can only be surmised, and that he nie in contact with, and ignited, a body of gas which had accumulated from defective ventilation.

26 Annual Report

MINE REPORTED "aLL RIGHt" AT SEVEN O'CLOCK.

E. O. Jones, the night-foreman, stated that Charles Howarth, one of the victims, whose duty it was to travel the South Side of the mine every night to see if any fire existed from firing of shots, or any ir- regularity, reported to him at 7 o'clock that everything was "all right" and those places were ready to cut.

The explosion was entirely local in character, and judging from the number of stoppings blown down, and falls of roof and destruction in other ways, the force from the concussion and expansion of flame was in as direct a line as could be made to the bottom of the hoisting shafts which was the intake of air, the distance from the seat of the explosion to the shaft being about 2,600 feet. There are no old workings on that side of the mine, and nothing but entries being driven. There was no destruction in any other part of the mine, aad no indication of ex- plosion, only in the line of the force on the South Main Entry, towards the shaft and near it, charred dust was found, and a number of the mules and ponies in the stable a distance from the shaft was dead and the hair on them somewhat singed, while others close to were alive and showed no signs of injury.

Joe Sampietro, a driver, was found at the bottom of the shaft, im- mediately after the explosion, in a dying condition and never recovered. This man's duty was to move the mining machines from place to place, and go between the working places and the shaft to secure sharp bits, machine oil, or anything needed by machine men. His team of ponies was standing on the South side of the shaft in the passway, the harness and tail chain hanging hooked to the outer end of an empty car, show- ing that he had started to the shaft after moving the mining machine into the center entry where the explosion occurred. This machine had been moved about 800 feet, evidently from the work done about an hour or an hour and a half before the explosion.

The First Exploring Party

That entered the mine, in exploring the Main South Entry, found a main door standing wide open and fastened back to a post in such a way that it must have been intentionally done by some human being. The only conclusion reached is that the driver in coming out fastened it back to- save climbing out of the car to open it as he returned into the mine- again.

There was another door about 500 feet from the face of the entries where the explosion took place, through which this driver had to pass* The inference is that he was just as liable to prop that door open as he- was to fasten the main door open. If this was done, the entire current of air would be cut off from that part of the mine. There was another door at another point on the South Main Entry, which, if kept open aC

Inspector Of Mines. 27

the same time as the &rst door named, the result would have been pre- the same. Inspector Morrison and Superintendent Jones were both with the first party that reached the open door. The odier two doors mentioned, when readied, were both found baried under a faD of Txx>f , resulting from the force of the explosion, obliteratiqg any possibilitT of evidence as to what position they were in at the time of the explosion.

The report of the fire boss shows that on the mornhig of the 2ist. a slight trace of generating gas was found in those entries.

The ventilating fan was equipped with an automatic self-recording. pressure gauge, showing the pressure, and that the fan was continually rnnning up to the moment of the explosion.

THE inspector's REPORTS,

(Copies of which are herewith submitted), show for the last four in* spections that the mine has been well taken care of, and the law in some important instances, more than complied with, but like many other mines in the state, the elements of danger are there, and they cannot be tampered with, without serious risks to life and property.

In this case, the evidences are, that at 7 o'clock in the evenings everything was reported "all right" in that part of the mine, but be- tween that and the time of the explosion, two and a half hours later, indisputably some person inadvertently or carelessly committed some act which cut off the rular air current, allowing the gas generated in the left entry of the three Sub-South Main Entries to accumulate, which was ignited by one of the machine runners, going for some purpose from the center place to the left entry. The two machine runners and the driver were all the men that were killed by the force of the ex- plosion, the other twelve men (pund dead having succumbed to the effects of the after-damp in their eflForts to reach the shaft after the explosion.

Until the time arrives when we can all realize that the lurking dangers in mines require the most rigid discipline of every person in' the mine, and each, from the General Manager to the trapper boy, knows and diligently performs his duty, calamities of this kind must and wilt occur.

Respectfully submitted,

Geo. Harrison,

Chief Inspector of Mines. Thomas Morrison,

Inspector pth District. John Burke,

Inspector ist District.

Columbus, Ohio, May 12, 1910.

Annual Report

Amsterdam mine disaster appropriation.

Jties of committee.

[House Bill Xo. 577.1

An Act

To make appropriation for the relief of those left dependent on

account of the accident at the Youghiogheny & Ohio Coal

Company's mine near Amsterdam, Ohio, on the night of April 21, 1910, in which fifteen men lost their lives.

Be it enacted by the General Assembly of the State of Ohio:

Section 1. That for purposes hereinafter stated there is hereby appropriated out of any money to the credit of the general relief fund, not otherwise appfopriated, the sum of ten thousand dollars ($10,000.)

Section 2. That the speaker of the house and the president of the senate shall forthwith appoint a committee consisting of three members on the part of the house and three members on the part of the sendte, which committee shall have power to distribute this money as they deem proper and right.

Section 3. The committee appointed under this act shall meet with the local union No. 2581 U. M. W. A., at Amsterdam within fifteen days and determine the amount and to whom such relief shall be given, and shall issue the orders of the committee in ac- cordance therewith.

Section 4. The auditor of state shall issue his warrant on the treasurer of state upon the order of this committee, signed by all the members of the committee.

Section 5. The committee is vested with power to turn any or all of this money over to a trustee or trustees to be paid to the one for whom it is intended, in installments. The amount of which installments is to be determined by the committee.

Granville W. Moonev, Speaker of the House of Representatives.

Francis W. Treadwav. President of the Senate.

Passed April 30. 1010. Approved April :W, 1910.

JuDSON Harmon.

Governor.

IEPORT OF SPECIAL COMMITTEE APPOINTED TO DISTRIBUTE RE- LIEF FUND, MADE TO THE SENATE.

Mr. Duval submitted the following report :

The joint committee appointed under the provisions of H. B. No. 577 — Mr. -Gilson. To make appropriation for the relief of those left dependent on ac- count of the accident at the Youghiogheny and Ohio Coal Company's mine near Amsterdam, Ohio, on the night of April 21, 1910, in which fifteen men lost their lives, submits the following report, accompanied by the minutes of the proceed- ings of the committee, the latter of which, we recommend be filed with the Clerk of the Senate and that the reiwrt proper be spread upon the Journals of the two houses.

The committee organized by the election of Senator Duval as chairman, and Representative Tidrick as secretary, and, after carefully considering all the facts presented, made the following distribution of the funds under its control :

Katrina Roskiewicz, widow of Angelo Roskiewicz, two hundred and fifty -dollars ;

Inspector Of Mines. 29*

Maria Rcva. widow of Italico Reva, three hundred dollars; Mrs. Maria Howarth, widow of Charles Howarth, twenty-one hundred dollars;

Isabclle Smith, widow of John Smith, four hundred dollars;

Jean McMaster, mother of Robert McMaster, six hundred and fifty dollars;.

Annie Lockhart, widow of James Lockhart, six hundred dollars;

Elizabeth Hay, widow of Herbert Hay, five hundred dollars;

Giavonni Sonavere, injured, fifty dollars;

Luigi Beneditti, injured, fifty dollars;

Erominio Benefitto, injured, fifty dollars;

Ermilio Percello, injured, fifty dollars;

The committee appointed Messrs. Duval and Tidrick to carry out the in- structions of the general committee.

It is the opinion of the committee that five thousand dollars will be an- equitable relief for those whom the committee has first knowledge of being in distress, and the committee will therefore return to the state treasury the unex- pended balance of five thousand dollars.

The People's Banking Company, at Amsterdam, which is made trustee- ♦ herein will disburse this money according to the instructions of the committee- and will take receipts for each payment so made. The bond required herein of said bank will be deposited with the auditor of state with a copy of this report, and, when the bank has deposited with the auditor of state receipts, showing that the amount of money deposited herein has been paid out, and, if the auditor has no reason to believe that the bank has not complied with its part of the agreement,, he shall release said bond. The signature on the bond and the signature of this contract and report by the officials of the bank will be deemed a sufficient contract.

Katrina Roskiewicz, — furnish her ticket to her destination in Austria, give- her fifty dollars in cash and bill of exchange for balance of two hundred and fifty dollars.

Marie Reva, — fifty dollars now and fifty dollars when her baby is born, ticket to her destination in Italy and balance in cash.

Mrs. Howarth — thirty-five dollars per month, but the sub-committee, con sisting of Messrs. Duval and Tidrick, may expend five hundred dollars of said twenty-one hundred for a home, to be in her name and to be occupied by her- so long as any piinor children remain and are taken care of by her, provided she survives them, and, in case of her death, the property shall be in trust for any niinor children until they become of age. at which time it shall belong to all surviving children equally, and, m case the sub-committee d'es purchase home- or her, the amount allowed per month may be adjusted as the sub-conmiittec: <Jfems proper.

Isabelle Smith, twenty dollars per month.

Jean McMasters, twenty-five dollars per month.

Mrs. Lockhart, twenty-five dollars per month.

Elizabeth Hay, twenty dollars per month.

Giavonni Sonavere, cash.

Luigi Beneditti, cash.

Erminio Beneditti, cash.

Ermellio Percello, cash.

Marshall N. Duval, R. S. Tidrick,

Chairman Relief Committee. Sec'y Relief Committee:.

David Tod, Edgar Ervin,

J. P. Mahaffey, a. F. Turner.

The recommendations of the joint eonrtnittee were agreed to..

Annual Report

U. G. Denman.

Attorney General.

State of Ohio, OFFICE OF THE ATTORNEY GENERAL.

Columbus, Ohio, June 23, 1910.

Hon. Gbqbge Habuson, Chief Inspector of Mines, Columbus, Ohio.

Dear Sir: — You have asked me to submit to you a form to guide manu- lacturen of illuminating oil for mines which this department considers a com- pliance with section 974 of the General Code. Part of section 974 is as follows :

"Each person, firm or corporation compounding oil for illumin- ating purposes in a coal mine, or mines, shall, before shipment there- of is made, securely brand, stencil or paste upon the head of each barrel or package, a label which shall have plainly printed, marked or written thereon, the name and address of the person, firm or cor- poration compounding the oil therein contained, the name and ad- dress of the person, firm or corporation having purchased same, the date of shipment, the percentage and the gravity in degrees Baume scale, at a temperature of sixty degrees Fahrenheit, of each of the component parts of animal, vegetable and mineral oil contained in the mixture, and the gravity in degrees Baume scale at a temperature of sixty degrees Fahrenheit of the mixture.

Each label shall have printed thereon, over the fac-simile sig- nature of the person, firm or corporation having compounded the oil, the following: 'This package contains oil for illuminating pur- poses in coal mines in the state of Ohio, and the composition thereof as shown hereon is correct/"

From the above section I consider the attached form a compliance with the same. I would suggest that this brand or label be placed upon the head of each barrel in some permanent form. I note the law provides that if a label is securely pasted upon the head of a barrel it will be a compliance with this act. I suggest that you warn manufacturers of oil to be careful in this par- ticular for the reason if the label is merely pasted upon a barrel it may be either torn off or on account of dampness come off of its own accord, and would therefore cause trouble to the manufacturers, and for this reason I offer the suggestion that manufacturers brand the head of the barrels or packages in which the oil is contained in some secure form, thereby avoiding any pos- sible trouble. I may add that there are probably other forms of a label that would comply with the section which I have above quoted, but you may inform the manufacturers that all who use this form of label which I have attached to this letter will be safe and free from any possible prosecution for not having their label according to law.

It has come to my notice that some manufacturers in their hbel use the words "cotton seed oil" in place of "vegetable oil." I understand that "cotton seed oil" is "vegetable oil," but I suggest the manufacturers use the words "veg- etable oil" as the law requires, and not "cotton seed oil." Perhaps the use of the words "cotton seed oil" would be a compliance with the law, but by using the words "vegetable oil" the manufacturers do away with all possible chance.

I also understand that a number of manufacturers place the name and ad- dress of the person, firm or corporation who purchases the oil on the barrel at a place other than the head. After carefully considering this section, I am of

Inspector Of Mines. 81

the opinion that the name and address of the person, firm or corporation pur- chasing the oil must be placed on the head with the label, and that placing uch name and address at another place on the barrel is not a technical com- pliance with the law.

In conclusion, I desire to add that manufacturers who use the attached label will avoid all possible technicalities in regard to the label.

Yours very truly,

F. H. KiRTLEY.

(a) (b) <c)

<d)

Result of Test of Contents by Baume Scale at 60 deg. Fahr.

Gravity

Animal Oil Vegetable Oil (e) Mineral Oil Mixture

Gravity

Gravity

Gravity

This package contains oil for illuminating purposes in coal mines in the State of Ohio, and the composition thereof as shown hereon is correct.

(f)

Legend.

(a) Name of purchaser.

(b) Address of purchaser.

(c) Date of shipment.

(4) Only necessary to have component parts of contents, (c) Place result of test.

(f) Fac-simile signature of the person, firm or corporation having com-

pounded the oil.

(g) Address of person mentioned in (f).

CauHon: BE SURE AND PLACE LABEL ON HEAD OF BARREL OR I'ACKAGE.

State of Ohio, OFFICE OF THE ATTORNEY GENERAL.

U- G. Denman,

Attorney General. Opinion.

Columbus, Ohio, September 22nd, 1910. Hon. Geosge Harrison, Chief Inspector of Mines, Columbus, Ohio,

Dear Sir : — I am in receipt of your letter of September 16th, in which you my opinion upon the following questions :

"Would it be contrary to the provisions of Section 925 of the General Code, hich provides for the removal of standing gas in all available parts of old doned workings in mines, to permit the sealing up of such old abandoned

32 Annual Report

workings and prevent ga!>es generating therein from flowing out into the air current passing through other parts of the mine where miners are working?**

the event that it will not conflict with the provisions of Section 925, will this department be justified in advising or requiring, through its inspectors, the sealing up of the abandoned parts of mines; provided, however, that the scaling up of such abandoned parts will, in the judgment of the inspect<r>, in- creabe protection to the lives of persons working in other parts of the mine?"

The part of Section J2o of the General Code material to your inijuiry is as follows:

"Each mine generating fire-damp so as to be detected by a safet\ lamp shall be kept free from standing gas. All traveling ways, entrances to old workings, and places not in the actual course of working, shall be carefully ex- amined with a safety lamp by the fire boss not more than three hours before the appointed time for persons employed therein to enter. Parts of the mine not in the actual course of working and available, shall be examined not less than once each three days, and shall be so fenced as to prevent persons from inad- vertently entering therein."

You will note that Section 92o of the General Code deals exclusivelv with mines which are in some degree being worked and does not apply to abandoned mines. If the abandoned workings of a mine are so sealed up as to cease to be a part of the mine, I am of the opinion that the above section will not have any application in such a case. However, the sealing up of old workings should b|f done in a manner satisfactory to the mining department and in a manner which would prevent the standing gas of such old workings, which have been sealed up, passing through other parts of the mine where miners are working or are likely to be stationed. The sealing of the abandoned parts of a mine must not in any way affect the air passages of the mine.

I particularly call your attention to the fact that after such abandoned work- ings of a mine are sealed up, that part shall in effect be an abarKloned mine and Ix' governed by the provisions of Section 938 of the General Code relating to abandoned mines. ' Yours very truly,

U. G. Denm-vx.

Attorney General

Owing to the danger of blasting coal off the solid, and to the ex- cessive amount of smoke generated by such shooting, the following notice was posted at the Hazel wood Mine.

Xotice To Be Posted At The Hazelwood Mine,

Dellroy, Ohio.

To Govern the Blasting of Coal.

First. Xo shot shall be fired in this mine, unless at least one-half of the coal

is undercut, and no hole shall be drilled beyond the undercutting. Second. In narrow work no hole shall be drilled beyond the shearing, and all holes must be tamped with fire clay, or other uncombustible material. Third. Shooting shall be restricted so that no shots will be fired, until quitting time, and shooting shall commence at the last working place on the return air current and continue on in turn toward the intake. Fourth. The mine foreman, or superintendent, shall see that these rules are enforced. Thom.as Morrison,

Approved, October 18. 19lo. Inspector gth District.

By Geo. Harrison.

Chief Mine Inspector.

INSl.CTOR OK MINES. 33

Report On The Long Wall System Of Coal Mining

By District Mine Inspector, Thos. Morrison,

Of The Ninth Mining District.

Sherodsville, Ohio, Oct. 22, 1910.

Mr. CjEORGE Harrison, Chief Inspector of Mines, Columbus, Ohio,

Dear Sir: — Realizing the necessity of a better and safer method of mining, especially in our deep and gassy mines, we have been ad- vcxrating for some time that the system in the Amsterdam District be changed from the room and pillar to the Long-wall system of mining.

The operators of this district were equally anxious to adopt a safer system, providing it was practical to work it under existing con- ditions, and as none of them were familiar with the Long-wall method of mining, no Long-wall mining being practiced in Ohio, was anxious to see the method in operation. After first being advised by you that we had the approval of Governor Harmon to leave the State for the pur- pose of securing infonnation on methods of mining that woul 1 further safe-guar 1 the lives of those employed in the mines, we commenced to make arrangements to visit the Long-wall mines of Illinois and cal- culated to start on May 21st, but as nearly all the mines in that state had suspended operations, owing to labor troubles, it haJ to be post- poned until a settlement was reached and the mines again in operation.

About the middle of September the labor troubles were adjuste 1 and the mines resumed operations; on the i6th of October, the writer met Mr. Reese and Mr. Jones, representing the Y. & O. Coal Co., Mr. McKeever, representative of the Bergholz Coal Co., and Mr. Marson of the Wolf Run Coal Co., at the Forest City House, Cleveland, Ohio, and proceeded to Chicago where we had arranged to meet Mr. Warner of the Wolf Run Coal Co. On arriving at Qiicago, we wired State Mine Inspector, John Dunlop, that we would start for LaSalle, arangements having been previously made with him to meet us there and take us through the mines.

We arrived at LaSalle about noon of the 17th, over the Rock IslancI Railroad and proceeded to the Cherry Mine, which is located at Cherry, Bureau County, and owned by the St. Paul Coal Co., of Chicago, 111. This is a shaft mine, 485 feet deep to what is known as the No. 2 seam. the coal being about 3-J feet thick and worked on the Long- wall system. As the mine was not fully opened out along the face after the long sus- pension, our party could not see the mine under normal conditions, therefore decided to visit another mine in that part of the district that was operated to its full capacity.

While at the Cherry Mine, the writer took a few notes regarding the management and equipment. James Steel is the superintendent and

.'J I. of M.

S4 Annual Report

Walter Waite, one of the men who was entombed for eight days during the recent catastrophe, when so many lives were lost as the result of a mine fire, is the mine manager. The equipment is modern, the tipple being of steel and the engine and boiler room of brick, making the equipment on top fire-proof. Owing to the nature of the roof, great quantities of timber are used to support it, and the bottom of the shaft, for a distance of three or four hundred feet, pine timbers lo" x 14" are put up four feet apart and lagged over with other timber. The fan is of the Clifford Cappell make, 8' x 16', the main shaft 16' x 14', air- shaft 9'x 12'; power furnished by six 150 H. P. boilers.

The party was also taken to the upper seam where the fire origi- nated. This is sealed off with massive concrete walls, but we were able to see the effects of the fire on some of the timbers around the shaft.

On the i8th, we visited the St. Paul Coal Co.'s No. i Mine at Granville, and saw this in full operation. The coal is about the same thickness as that of the Cherry Mine, the shaft being 475 feet deep, the equipment being something similar, it is unnecessary to describe it. Our party were very favorably impressed with this mine and all agreed that the Long-wall method was the ideal method of mining coal, both as regards to safety and efficiency, but as the strata over and under the coal was different from theirs, they were desirous of seeing a mine where conditions were nearly similar to theirs, so Mr. Dunlop decided to take them to Bloomington the following day.

On the 19th, we arrived at Bloomington and proceeded to the mine of the McLain County Coal Co. We found a shaft 530 feet deep and two veins being worked ; the upper vein being 390 feet deep. Both veins are worked on the Long- wall system, ventilated by a 6 foot Sirocca Fan. The coal from the upper vein is lowered through a 140 ft. shaft in the interior of the mine to the lower vein, and hauled by a tail rope to the main shaft where it is hoisted to the surface. This impressed our party as beiig similar in a great many respects, as far as the stratas over and under the coal are concerned, anfl they felt that mining machines could successfully be used uu'er similar conditions, which in their opinion was very im]>orlrnt, as they had to compete with ma- chine mined coal.

After leaving this mine our party started for home and I am of the opinion that they were all convinced that the Long-wall method is by far the safer method for removing coal from the vein of coal noir being operated in the Amsterdam field, where gas is generated, and the only thing that stands in the way of adopting it. is the question of the cost of production.

It is to be hoped that the parties representing the different com- panies will make a favorable report, and urge the adoption of this method of working at their mines, as the writer is of the opinion that

Inspector Of Mines. 85

it is a step in the right direction as far as the protection of life and the conservation of our natural resources are concerned, besides I still be- lieve that the difference in the cost of production will be very little.

Very respectfully,

Thomas Morrison, Inspector pth District.

Important Decision On Drilling Gas Wells Through

Coal Mines.

For years the problem of safeguarding the lives of miners against the dan- gers of gas wells has perplexed coal operators. In a case decided in Fayette county, Pa., on December 27, 1910, by Judge J. Q. Van Swearingen, in an injunc- tion case brought by the Monongahela River Consolidated Coal & Coke Company against the Greensboro Gas Company, the facts, circumstances and testimony adduced in hearing which are summarized by the court, the following opinion and decree was rendered. This decision so fully covers all the questions in- volved that it is published in full, and is as follows:

"A preliminary injunction was granted in this case restraining the defendant from proceeding further with the drilling of a gas well through certain coal mines of the plaintiff, and it was agreed by counsel when the testimony was taken that the hearing then should be considered as final, and that we should dispose of the matter accordingly. The plaintiff owns and is operating certain coal mines known as Little Redstone, Washington, Alice, Snow Hill, Chamouni and Albany mines. The operation of these mines consists in mining and re- moving the nine- foot vein of coal. The mines adjoin each other and are con- nected together through old workings; and there is claimed to be a general circulation of air through all the mines, in which between 1,200 and 1,300 men are employed. It is estimated that it will take 12 years to exhaust the coal in these mines. In the operation of the Snow Hill mine the coal underlying the Joseph S. Elliott farm in Jefferson township has been mined and removed, the part of the mine formerly occupied by that coal has been abandoned, and the overlying land has subsided to such an extent that this part of the mine is now inaccessible, although, it is alleged, the air therefrom circulates through all the otfier mines. The defendant is engaged in drilling a well for gas on the Elliott arm, which must pass through, and in fact already has passed through, the

I abandoned portion of the Snow Hill mine in order to reach the gas-producing

E sand lying below the coal, and it is asked to restrain.

I "In its answer the defendant alleges that by reason of the subsidence and

dropping down of the overlying strata the drilling of said well is practically the me as if it were being drilled through land under which there had been no mining operations; that the air cannot circulate through that section of the mine, and cannot escape into the mine, and cannot escape into the mines adjoining the Snow Hill mine; that there are no operations, and that there is no coal to be re- lieved, within a considerable distance from said well ; that the defendant is drilling id well in accordance with the approved methods adopted in the drilling of oil and gas wells, with five separate and distinct holes, and four strings of casing and tubing firmly imbedded upon the bottom or sides, all below the coal stratification, hich will prevent the escape of gas therefrom and confine any gas obtained within the several strings of casing and tubing, and that no gas could escape

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Inspector Of Mines. 37

exposed surfaces of sulphur minerals, are not conducive to strong acid sulphur- water, and an exhaustion will gradually take place and the water become harm- less. The oxygen of fresh air is necessary. Confined air is soon exhausted of its oxygen. Water dripping through the roof -coal or running down the outside of the casings of the well, having come in contact with air, may become impreg- nated with a sufficient quantity of sulphuric acid to eat through an iron or steel pipe, although the water, having come through the limestone above, and thereby having become more or less alkaline, has a tendency to neutralize the sulphuric acid as fast as it is formed; but acid sulphate and free sulphuric acid will be produced if sufficient sulphur mineral and water and air be present. There is nearly always a quantity of sulphur in the gob or refuse left in the mine, and water itself at the surface carries oxygen, which, although it may be lost as it works down through the rock, may be carried into the mines. Even though the acid sulphur water be weak, it may eat through the pipes or casings eventu- ally. So if there be water and air and sulphur mineral at the point where this well passes through the abandoned mine there is danger of the pipes being destroyed by sulphuric acid unless this be guarded against in some way. Hydro- chloric or muriatic acid also may be formed from sulphur-water and the salt- water coming from the overlying strata, and that acid has as destructive an effect upon the iron pipes as sulphuric acid. If the subsidence of the overlying strata at the well be not yet complete the cavities there are likely to be filled with carbonic acid gas, or black-damp, and if natural gas should escape from the well into this abandoned mine it would drive the carbonic acid gas into the live workings of the mines, and this carbonic acid gas is just as dangerous as the natural gas, because, while the one burns the other suffocates or smothers.

The coal at the exact point where this well passes through the Snow Hill mine was worked out prior to 1899, although certain chain pillars between butt entries within 50 feet of the well were taken out just prior to 1908. The nearest solid coal yet to be worked is 1,300 feet from the well, and the nearest approach in the mines that now can be had to the well is about the same distance away. It is impossible to tell whether the subsidence of the overlying strata is so com- plete as to prevent the passage of air from the vicinity of the well to other portions of the mines. There is some evidence that complete subsidence at this point has not yet taken place, and that the pipes might be sheared off or broken by a lateral movement of the strata, caused by a creep or squeeze or swag. We are of opinion, from other evidence in the case, that, though the subsidence may not be complete, there is no danger to be anticipated from a lateral movement of the strata ; but if the subsidence be not sufficient to prevent the passage of air from about the well and gas should escape it would be carried all through live workings of the mines. There is evidence of a loss of ventilation from the force fans in other mines, indicating a leakage of air toward the Snow Hill ™ine and in the general direction of the gas well. Experience shows that an almost complete subsidence does not always close all openings. Crevices are sometimes left in or above the location of the coal seam. In this case it is impossible to tell whether the crevices have been so completely filled as to pre- the passage of air or gas from the vicinity of the well to the live coal Workings. It is insisted by all the mine inspectors who were called as witnesses that the well be encased in cement to a depth below the coal stratum to prevent possibility of the pipes being eaten through by sulphur water. If it were certain that subsidence had taken place so completely as to prevent the pres- of air at the well there might be no danger, but this is not certain, and we not permit any chances to be taken when the lives of 1,200 men are at stake.

testimony shows that there will be no difficulty in filling such of the

/

88 Annual Report

Spaces surrounding the pipes as may be deemed necessary with liquid cement of the consistency of cream, and that when pure cement is mixed to that con- sistency with sufficient water-proofing it will resist the entrance of water of any kind so long as it remains solid, and will be impervious to sulphur. The de- fendant is the .owner and holder of an oil and gas lease from the owner of the farm upon which this gas well is being drilled. It has a legal right to sink its wells through the coal stratum owned by the plaintiff, but this right must be exercised with due regard to the rights of the plaintiff and to the safety of the mines and the men employed therein. (Chartiers Block Coal Company vs. Mellon, 152 Pa. 286.)

Order Of The Court.

"And now, December 27, 1910, after argument by counsel, and upon due consideration and for the reasons set forth in the opinion herewith filed, it is ordered, adjudged and decreed:

"(1) — That the injunction heretofore granted be, and the same is now, dis- solved.

"(2) — That as to the well now being drilled upon the Elliott farm, it appear- ing to the court that the methods to be pursued hereafter cannot be adopted as to this particular well, therefore, as to this well alone, the defendant shall fill the space between the 10-inch casing and the wall of the well, and the space between the 8-inch and the 10-inch casings, with liquid cement of proper con- sistency, from the bottom of each of said holes to the top of said well.

"(3) — As to all future wells to be drilled by the defendant through the mines of the plaintiff, where like conditions exist as have been shown to exist by the testimony in this case, the defendant shall drill, in the first instance, a 16-inch hole to a point not less than 40 feet belo the bottom of the coal seam from which the coal has been removed, and at which point a good and substaJi- tial shoulder or seat can be obtained, which hole shall be filled up with liquid cement to the floor of the coal seam, and a 14-inch pipe shall be inserted therein, and the cement from the interior of said pipe shall be removed, and between the pipe and the wall of said hole liquid cement of the proper consistency shall be poured until the space shall be filled to the surface. Within the diameter of said 14-inch pipe the hole shall be drilled to an additional depth of not less than 10 feet, and to a point where a solid shoulder or seat can be obtained on which to rest the pipe to be inserted therein, and the hole shall be filled with liquid cement to a point not less than 60 feet above the floor of said coal seam. A 10-inch pipe shall then be driven to the bottom of theole and the cement from the interior of said pipe shall be removed, and the space between said 10-inch pipe and said 14-inch pipe shall be filled by pouring in liquid cement of such consistency that said intervening space shall be completely filled.

"(4) — Holes of the proper dimensions shall be drilled for the insertion of strings of 8-inch casing, 6|-inch casing and 4-inch tubing, and the intervening spaces between the walls of said holes and said strings of casing and tubing shall be left open so as to permit the escape of gas, if there be any, from the stratifi- cations below the coal to the top of the well, the 4-inch tubing alone to be capped or closed in at the top ; and each of said strings of casing and tubing shall extend from the seat on which it is placed to the surface, or top of the well. A suit- able packer shall be placed in said well, so as to prevent the gas from escaping except through the 4-inch tubing.

"(5) — All wells shall be inspected daily by the employes of the defendant* and in case of the discovery of any accidents to the tubing, casings, well of appliances, whereby the gas may escape, notice thereof shall be given immediately

Ixspecto* Of Mixes.

of thr phinfiff in tlie wicinity

of

''iii — Upoo the aboiMiociiDcnt of any of said ve&s shall he secttr piuucd above each oil and ss-bearing sand, and the tntenrcning spaces lall he flied widi onnenL

— The clefendaiit shaD gire hoed in the sum of $10000, witili swetr to he appfaied by die court. cooditioQed to paj all damages that may he recover* aUe kealiy hgr the pJaintiff f ron the defendant hy reason of the existence and oytratiou of the gas veD now heimg driDed, or of the veDs hereafter to he drilled, .duiMigh said coal stratom and also that the defendant diall cotBphr faithfully

all the terms and cooditiops of tins decree.

'*(S) — The <lefendam shaD pay tiie costs of tins proceeding.*

: — Published throa die ootmesy of the Coal & Coke Pilisbnigy Pa.

Barrier Pillars Declared To Be Necessary !K Mikes

(XoTE. — Two weeks ago we printed a paragraph reftrring to a decisioo by Judge George S. Ferris, in Lngerae conrtr. Pa., inter pretiog the law relating to IniTKr pillars in nsnes in a case infiitated by If ine lns;K<ctor Dam vemss the Plrmonth Ccal Company; whose acreage adjoin! that of the Lackawanna 4 WUkes-Barre Coal Company. This dedskoi is impcutant frois the fact that it is the judicial interpretion of the act. and has arcmitcd a great deal of interest among owners of bitumiuons as wcS as of anthracitt producing mines; for which reason we pnblidi the decision of Jndge Ferris in full — Editrir C 4r C. 0.)

The Anthracite Ifimng Act of 2, 18P1, P. L 17€. is Jtit3ed. 'An To provide for the health and safer of persons eiiq>1oTed in and about the andiradte coal mines of Pemuylvania. and for the protectiop and presen-ation of property connected tharwillL"

Section 10 of Article III of this Act reads as follows:

That it shall be ohligatorj on fhc ow'ners of adjoining coal properties to leave, or canse to be left, a pillar of coal in ead) seam or rein of coal worked by them along die line of adjoining property of nidi width thai, taken in con- Bcdioo widi die pillar to be left bj the adjoining property owx>er, will be a sificient barrier for the safety of the cnqtloyts of either mine in case the other ihoiikl be abandoned and allowed to £11 with water; sndi width of pillar to be determined by the engineers of the adjoining property ou*ners. together with inqiector of the district in miiidi 1ht mine is aitttaled* and the surveys of bet of the walkings along pillar shall be made in duplicate, and must pnctically agree. A copy of sndi dtqilicate surveys, ccrtiSed to, roust be filed vith the omoers of die adjoining properties and widi the inspector of the district whidi die nine or propaly is sttuaied.''

The bin avers that the plaintiff, being the mine inspector for the proper vtrict. gare notice to the defendant company of a meetix to be held at which company was notified to instruct its engineer to be present and meet csgineer of the k Wilkes-Barre Coal Company, the owner of an MioiHag nsiBe; for die purpose of determiiung the width of a barrier pillar to left hjr the said two coal companies between their properties, as required by die laisim act; hot diat the defendant company refused to permit its engineer attend SBch wjiHiug and. gcneraUy, refused to leave any barrier pillar betweeo id anii'Mi and diose of the Lehigh & Wilkes-Barre Coal Company.

40 Annual Report

The prayers are: (1) for an injunction enjoining the defendant from work- ing its mines or coal property adjoining the mines or coal property of the Lehigh & Wilkes-Barre Coal Company without leaving a barrier pillar of coal of the thickness or width of at least 70 feet in each vein; and (2), requiring the de- fendant to file with the mine inspector a certified copy of a survey, as required by law, and (3), for general relief.

To this bill the defendant has filed an answer, admitting the plaintiff's averments of fact to be true, but (1), denying the necessity for such a barrier pillar, and (2) averring that section 10 of Article III of the mining act is un- constitutional.

If constitutionality of this provision be conceded for the purpose of dis- cussion, and if the question of the necessity for any barrier pillar at all between these properties may be regarded as an open one, the decision of that question would seem to be committed by the statute to the tribunal of experts thereby constituted, viz., the mine Inspector and the engineers of the owners of the adjoin- ing coal properties. The purpose of the enactment is to secure the safety of the workmen in the mines. The law declares that "it shall be obligatory" on the mine owners to leave such a barrier pillar as the tribunal of mine experts referred to shall determine to be sufficient for that purpose. It is for them to fix its width. Until they say that none at all is needed for the safety of the men the obligation imposed by the statute remains.

It might, perhaps, be well argued that the legislature did not intend to im- pose upon the owners the burden of leaving a boundary pillar of unmined coal where it clearly appears to be unnecessary for the safety of employes. If none at all were needed it would seem idle for the inspector and engineers to fix a width of, .say, one foot, for the sake, merely, of literal compliance with the statutory obligation of leaving a pillar of some width. If, therefore, we may apply the maxim that the law does not require a vain thing there is room for the construction that, in vesting in the inspector and engineers the power to deter- mine how wide the barrier pillar should be to secure safety, the intent of the law-making power was to also empower them to say, if such be the fact, that the safety of the men does not require a barrier pillar of any width at all. Be that as it may, it is evident that the act does not warrant a mine owner in refus- ing to permit his engineer to participate in determining the question of the width of, or the need for, a barrier pillar simply because he, the mine owner, does not consider one necessary. In our opinion, the law requires such a pillar to be left, unless the inspector and engineers, after due examination of the premises and consideration of the subject, determine that none is needed to secure the safety of the men employed in either mine in case the other should be abandoned and allowed to fill with water.

The constitutionality of the boundary pillar provision of act is attacked npon two grounds: (1) because it is said to violate Section 10 of Article I of the Pennsylvania constitution, which provides that private property shall not be taken or applied to public use without authority of law and without just com- pensation being first made or secured ; and (2) because it is claimed to be in conflict with the fourteenth amendment to the Federal constitution, which pro- vides that no State shall deprive any person of life, liberty or property without due process of law.

The defendant contends that by requiring adjoining mine owners to leave a barrier pillar of coal between their workings the act deprives it of a property right, (viz: the right to mine such coal) without compensation therefore, and without due process of law.

Both the right of eminent domain and the police power of the State are

IXSPECTllR OF MIXES, 41

attntMites of >o\Treignn-. They arc inherent rights of the supreme ptiwcr foun<ied npon the social compact, and essentia] to any form of government.

In onr jurisprudence the right of eminent domain is defined ti> be "the pm-er of the State to apply private propert>' to public purposes on imnment of just compensation to the owner," (10 Am. & Eng. Encyl. Law 1047). The pn>- rision for payment of compensation, however, is no part of the power itself, but a limitation upon its use imposed by the constitution. (U. S. vs. Jones, U. S. 513.)

"The police power of the State," say-s Judge Orlady, in Commonwealth vs. Beatty. 15 Pa. Super. 5. 15, difficult of definition; but it has been held by the courts to be the right to prescribe regulations for the gtv>d order, peace, health, protection, comfort, convenience and morals of the community, which docs not encroach on a like power vested in Congress or State legislatures by the Federal constitution nor does it violate the pnn*isions. of the organic law; and it has been expressly held that the fourteenth amendment to the l*\Hieral constitution was not designed to interfere with the exercise of that pi>wer by the State (citing Powell vs. Pa., 127 U. S. 678; Powell vs. Com. 114 Pa. 2il\) Us essential quality as a governmental agency is that it imposes upon |>crsons and property burdens designed to promote the safety' and welfare of the public at Urge. The principle that no person shall be deprived of life or property without <iue process of law was embodied, in substance, in the constitutions of nearly all, if not all, of the States at the time of the adoption of the fourteenth amend- ment, and it has never been regarded as incompatible with the principle, equally vital, because equally essential to the peace and safety of society, that all prop- erty in this ' countr>- is held under the implied obligation that the owners use of it shall not be injurious to the community (citing Boston Beer Co, vs. Mass. U. S. 25) The State still retains an interest in his (the wage earner's) wel- fare, however reckless he may be. The whole is no greater than the sum of all its parts, and when the individual health, safety and welfare are sacrificed the State must suffer. This declaration was adopted by the United States Supreme Court in Holden vs. Hardy, 169 U. S. 366 42 L. Ed. 780, invalidating a State statute, which limited the employment of men in underground mines, smelting orks, etc., to eight hours a day."

By the decision from which we 'have just quoted it was held that the Act of April 29, 1897, P. L. 30, forbidding the employment of adult women for more than 12 hours a day, etc., which was not in conflict with the constitution of Pennsylvania, nor with the Federal constitution, but was a valid exercise of the police power in the interest of the public health, even though it referred to a particular class of the public, viz. : adult women engaged in the kind of employ- "lent mentioned in the act, and even though it did indirectly restrain the em- ploye's freedom of contract.

See also in Commonwealth vs. Brown, 8 Pa. Super, 339. It was said by J<ige Rice (p. 3ol-2) that "In the exercise of the police power of the State (the legislature) may enact laws in the interest of public morals, and to pro- tect the lives, health and safety of persons following specified callings, and thus 'ndirectly interfere with freedom of contract; i. e. with individual liberty and the right to acquire and use property; but, of course, such classification with Tference to occupation must be reasonable and dictated by the necessity springing "otn manifest peculiarities clearly distinguishing those of one class from each other classes, and imperatively demanding legislation for each class separ- 'tely that would be useless and detrimental to the others. Laws enacted in pur- 'nce of such classification and for such purposes are, properly speaking, neither nor special. They are general laws, because they apply alike to all that similarly situated as to their peculiar necessities." (.\yres* Appeal, 122 Pa.

42 ANNUM- WEP€mT

266 281; Com. vs. Gilligan, 195 Pa. 504, 510.) The point we desire to eun/liaisim. here is, that, to be a valid exercise of the police power in the interest of the public safety, a statnte need not necessarily be applicable to the whole body of the general public, but may affect a specified class only.

Thus, in Holden vs. Hardy, 169 U. S. d, it was said by our highest courts Mr. Justice Brown speaking (page 393) that, "While the business of mining coal and manufacturing iron began in Pennsylvania as early as 1716, and in Vir- ginia, North Carolina and Massachusetts even earlier than this, both mining and manufactttring were carried on in such a limited way, and by such primitive- methods, that no special laws were considered necessary prior to the adoption of the constitution for the protection of the operatives, but in the vast pro- portions which these industries have since assumed it has been found that they can no longer be carried on with due regard to the safety and health of those engaged in them without special protection against the dangers neces- sarily incident to these employments. In consequence of this, laws have been enacted in most of the States designed to meet these exigencies, and to se- cure the safety of persons peculiarly exposed to these dangers. Ii> States where mining is the principal industry special provision is made for the shoring-up of dangerous walls, for ventilation shafts, means of signaling the surface, for the supply of fresh air and the elimination of dangerous gases, (etc., etc.) ♦ These statutes have been repeatedly enforced by the courts of the several States, their validity assumed, and, so far as we are informed, they have been uniformly held to be constitutional." Mr. Justice Brown then refers to certain cases where such laws were held to be constitu- tional under the police power, among them, to Com. vs. Williams (8 Phila. 534) in which the late Judge Harding, of this Court, held the mine ventilation act of March 3, 1870, (P. L. 3,) to be a constitutional exercise of the police power.

So also, in Chicago W. & V. Coal Co. vs. People, (181 111. 270, 54 X. E. Repr. 96), a provision in the mining act of that State requiring the mine owner to pay the fees for the inspection of mines by a State inspector was held to be valid and constitutional under the police power, though its effect was to deprive the owner of property, to-wit, the money required to be paid as fees. It was there said, as it might equally well be said in the case at bar: "The mining of coal is recognized as a dangerous and hazardous business, and is a productive industry of the greatest importance. For many years in this State many thou- sands of men have been engaged in that character of work, and a proper safe- guard of their lives and health is a matter of so great interest and necessity that no subject can be mentioned where there is a more positive necessity for the exercise of the police power than in seeking to subserve their safety." ♦ ♦ (Speaking of the payment of the inspector's fees.) "The expense thus incurred is imposed because of the peculiar dangers of the surrounding situation, and subserves not only the interest of the miners, but alike protects the mine owner; and hence the payment of the fee (in this case, the leaving of coal for a bar- rier pillar) can be properly imposed upon the mine owner without violating any provision of the constitution." That case was followed by Consolidated Coal Co. vs. People, (186 111. 134; 57 N. E. Repr. 880), where it was held that the same mining act (which, in essentials, is similar to our own) did not deny to mine operators the equal protection of the laws, nor take their property without due process of law in violation of the fourteenth amendment of the Federal con- stitution.

Still closer in its facts to the case now before us is Maple vs. John, (41? W. Va. 30: 32 L. R. A. 800.) There the mining act in question provided, inter- alia, that "Xo owner or tenant of any land containing coal shall open, or sink,.

Ixspector Of Mines. 48*

or dig, excavate or work in any coal mine or shaft on such land within five feet of the line dividing said land from that of another person or persons widiont the consent, in writing, of every person interested in or having title to such ad- joining lands, etc." This provision was claimed to be tmconstitutional as being an infringement of the rights of private property. It was held to be a proper exercise of the police power and not unconstitutional in the respect claimed, the court saying: "This is no undue assumption of the right to apply the police power to a subject which do6s not fall within it; for regulations (on this and other subjects mentioned) have long been recognized as wholesome and reason- able and as fit subjects for the exercise of the police power, as tending to pre- serve the rights of the citizen and promote the welfare of the commonwealth. The' mining of coal is one of the largest industries carried on in the State. In. mining, proper support and ventilation arc necessary ♦ ♦ ♦ for the health and safety of the miner engaged in a dangerous employment, and for that reason the public welfare requires it. ♦ This rib of solid coal not to be mined into by either of the adjoining owners was to be contributed by each in equal parts for the mutual benefit of each, for the protection of the surface, to secure independent systems of ventilation, drainage and workings, and in aid of an in- dustry so great and widely diffused that the State as a whole is interested therein. This regulation works no hardship on one for the benefit of another, but is impartial, just and reasonable, imposing a common burden for the benefit of all such owners."

The police power is distinguished from the right of eminent domain in that the State, by exercising the latter right, takes private property for public use, thereby entitling the owner to compensation under the constitution; while the police power, founded, as it is, on the maxim "sic utere tuo ut' alieum non laedas," is exerted to make that maxim effective by regulating the use and en- joyment of property by the owner; or if he is deprived of his property alto- gether, it is not taken for public use, but rather destroyed in order to conserve the safety, morals, health or general welfare of the public; and in neither case is the owner entitled to compensation, for the law either regards his loss as damnum absque injuria, or considers him sufficiently compensated by sharing in the general (and, in this case, also the specific) benefits resulting frotn the exer- cise of the police power. (22 Am. & £ng. Encycl. Law 16, and cases there cited). For example, in the case at bar, the State does not take the coal in the barrier pillar and convert it to a public use, but leaves it in the ownership and possession of the adjoining mine owners; the coal itself is not taken. The property right affected by the statute is not ownership, but use, of the material thing — the right to mine it out. Nor does the State take that right for public use. The act does not transfer the right to mine out the coal from the owner to some one else for the public benefit ; but prohibits that right from being exercised by anyone — that is. destroys it to prevent a possible calamity, to- wit, the flooding of mines, and to protect the lives of that class of the general public whose safety would be thereby endangered, and, incidentally, to conserve the mine property of the owners themselves. In this latter aspect of the case the destruction of the right to mine the coal bears some analogy to the destruction of buildings to prevent another sort of calamity — a conflagration. True, in the latter case the disaster . is imminent, while here it is uncertain ; so that perhaps a closer analogy in that respect would be the statute law requiring fire escapes to be placed on certain structures in order to avert a possible remote catastrophe. Such laws were held to be a valid exercise of the police power of the State in Fidelity Insurance, etc, Co. vs. Fridenberg, (175 Pa. 500, 507-8).

The enactment here in question does not authorize a taking of property for public use, is not an exercise of the right of eminent domain, and, therefore, is

44 Annual Report

not unconstitutional because of failure to provide for compensation; but it fcgu- lates the use of tangible property — the coal in the pillar — by requiring the owner to so use it (negatively by leaving it unmined) as not to injure the rights of others; or, in another aspect of the case, does not affect tangible property at all, but destroys an intangible property right (that of mining out the pillar coal) in the interest of the public safety. In either case it is, in our opinion, ail exer- cise of the police power, justified by the circumstances, and not violative of either the State or the Federal constitution.

By agreement of counsel this case is to be determined as upon final hearing, the depositions taken for use, on motion, to constitute the preliminary injunction to be considered as evidence produced in open court on such hearing. In pur- suance of this agreement of counsel, and upon admissions contained in the an- swer and from the testimony, we make the following findings of fact:

1 — The plaintiff is the mine inspector of the ninth sub-district of the first anthracite coal inspection district of Pennsylvania; and the Plymouth Coal Com- pany, defendant, and the Lehigh & Wilkes-Barre Coal Company are mining cor- porations of this Commonwealth, each employing more than 10 persons.

2 — The said two coal companies are owners, proprietors, lessees and occu- piers of adjoining coal properties in the borough of Plymouth, Luzerne county, Pennsylvania, and within the limits of the said sub-district of the first anthracite coal inspection district.

3 — The plaintiff, as said mine inspector, gave to the president of the de- fendant company a written notice, dated August 31, 1909, stating that a meeting would be held at the former's office on September 2, 1909, for the purpose of deciding upon the width of a boundary pillar of coal to be left between the coal properties of the said two companies, pursuant to the provisions of Section 10 of Article III of the Anthracite Mining Act of 1891, a copy of said section being embodied in the notice and requested that the defendant's engineer be instructed to attend such meeting to consult with the engineer of the Lehigh & Wilkes- Barre Coal Company for the purpose aforesaid.

4 — The defendant company declined to permit its engineer to attend suclt meeting, and refuses to leave any unmined coal as part of a boundary pillar be- tween its coal property and that of the Lehigh & Wilkes-Barre Coal Company, claiming a legal right to mine to the boundary line of its property, and denying the constitutionality of Section 10, Article III of the said Mining Act.

5 — No determination of the width of, or necessity for, such boundary pillar has been made, as required by the act, up to the time of filing the bill in this case, nor has it been made since, so far as the court is advised.

Conclusions of law :

1 — Section 10 of Article III of the Anthracite Mining Act of June 2. 1891, (P. L. 176), is a valid exercise of the police power of the State, and is not in conflict with the constitution of Pennsylvania.

2 — That enactment requires a boundary pillar of coal to be left unmined "between the mine working of the defendant company and the Lehigh & Wilkes- Barre Coal Company of such width as the proper mine inspector and the engi- neers of the said two companies shall deem necessary to the safety of the men employed in either mine in case the other should be abandoned and allowed to fill with water, unless, after due investigation and consultation, they shall decide that no such barrier pillar is required to insure the safety of such employes upon the happening of the contingency stated in the act. The same act requires the making by said engineers and inspector of duplicate surveys of the fact of the workings along such pillar, and the filing of a copy of the same with the

owners of the adjoining properties and with the mine inspector.

3 — The preliminary injunction heretofore granted should he continued until

Inspector Of Mines.

the wich of such a bouiidar>- pillar, or the absence of necessity* for one, shilt have been determined by said inspector and engineers, and surveys made and nicd as required by the act. or until they shall duly decide that no such pillar is needed for the safety* of the employes of either mine.

4 — The costs of this proceeding should be paid by the defendant And now. April 18. the prothonotar>- is directed to file of record in this case the foregoing findings, lioth of fact and law. and thereupon to enter the following decree nisi, and give notice to the parties or their counsel, in accordance with Rule 63 of Equity Practice.

Dfcree.

Xow. April 18. IPIO, this cause, having come on to be heard, and having been argued by counsel, upon consideration thereof it is ordered, adjudged and decreed,

1 — That the injunction heretofore granted be. and the same is hereby, con- tinued until further order of the court, without prejudice, however, to the right of the defendant to apply to the court for dissolution or modification thereof, upon showing to the satisfaction of the court that the proper mine inspector and the engineers of the defendant company and the Lehigh & Wilkes-Barre Coal Company have, upon due investigation and consultation, determined that a barrier pillar of less width than that stated in the injunction (that is, less than 70 feet on defendant's property) is sufficient for the protection of the men employed in the mines of either company in case the mine of the other should be abandoned and allowed to fill with water, and have made duplicate surveys and filed copies of the same, as required by law, or, upon sucli investigation and consultation, shall have decided that no such barrier pillar is necessary to the safety of the employes of either company in the event aforesaid.

2 — That the costs of this proceeding be paid by the defendant.

By the Court,

Ferris, J.

Note : — Published through the courtesy of the Coal & Coke Operator, Pittsburg, Pa., issue of May lo, 1910.

(Published in the Coal Trade Bulletin, Pittsburgh, Pa.) IMPORTANT RULING ON MINING QUESTION.

In an opinion haiided down by Judge J. A. Mcllvaine at Washington, Pa., it is held that the owner of a vein of coal, in the proper use of it for mining or any lawful purpose, may cut off or divert subterranean streams of water flowing through it, without any responsibility either to the surface owner or to a neigh- bor whom that flow of water might, undisturbed, have reached. The case in- which this decision is given is that of B. C. Winnett against the Monongahela River Consolidated Coal & Coke Co.

Winnett is the owner of a farm of 70 acres in East Pike Run township. The land is crossed by a natural water course which heretofore had furnished an abundance of water for stock and other needed purposes. Further up the stream and adjoining the Winnett farm is the tract known as the "Jcffer*on Duvair* farm. The Monongahela River Consolidated Coal & Coke Co., several years ago, became the owner of the Pittsburg vein of coal under the Duvall farm. In the mining of the coal under this farm it is claimed that the work was.

46 Annual Report

done in such a manner as to cause the surface to crack, and to such an extent that the water flowing along the natural water-course emptied into the mine of the defendant company, leaving the surface watercourse dry where it traverses the plaintiff's land.

The plaintiff alleging that on account. of this wrongful act his land had become barren and unproductive, entered suit against the defendant, claiming, 15,000 damages. The case came on for trial at the May term and the plaintiff submitted his testimony, whereupon the defendant moved the court for a com- pulsory non-suit. The motion was sustained and a non-suit entered.

The court in overruling the motion to lift the non-suit holds that the sur- face owner, having conveyed the vein of coal with the right to mine it without supplying artificial supports for the surface and released all damage arising therefrom, the defendant company in mining the coal was making a proper use of its own property and the damage that was done to the springs, so far as the evidence shows, was unavoidable and in no way could be attributed to its negli- gence; that in the absence of any proof of negligence or malice which resulted in the injury complained of, the principle of injury without wrong applies.

B. C. WiNNETT,

vs. The Monongahela River Consoli- dated Coal & Coke Company.

In the Court of Common Pleas of Wash- ington County, Pa. No. 53 February Term, 1910.

Action In Trespass. — Motion To Lift Compulsory Non-Suit.

Opinion*.

McIlvaine, p. J.

The plaintiff's statement in this case reads as follows:

"The plaintiff, B. C. Winnett, claims of the defendant company (The Monongahela River Consolidated Coal & Coke Company), the sum of Five Thousand ($5000.00) Dollars, which is justly due and payable to the plaintiff by the defendant company, upon the cause of action whereof the following is a statement:

"The plaintiff, B. C. Winnett, is and has been for some years the owner of a farm situate in East Pike Run township, Washington County, Pa., which farm contains seventy acres, more or less, and until recently was valuable for the purposes of farming and grazing. Said land is crossed by a creek, a stream or natural water-course, which heretofore furnished an abundance of water for the stock kept on said farm, and for other needed purposes.

''Farther up said stream and adjoining the Winnett farm, is the tract known as the 'Jefferson Duvall Farm.' Several years ago the defendant company, by purchase, became the owner of the Pittsburg or River Vein of Coal underly- ing the said Duvall Farm. Within the past five years, while B. C. Winnett, the plaintiff, was in possession of his said land, the said defendant company mined at least a portion of the coal underlying the 'Duvall Farm' aforesaid. This mining was done in such a manner as to cause the surface of the Duvall land to crack in various places and to such an extent that alt the water flowing along the creek or natural water-course hereinbefore mentioned, was diverted

Inspector Of Mines. 47

from Its coarse and emptied into the mine of said defendant company, leaving the said water-course dry as it passes through plaintiflTs land.

'X>n account of this wrongful act done by the said defendant company and by its workmen and employes, the plaintiff herein has been greatly damaged by haying the flow of the water akmg said natural water-course cut off, thus de- prhring him of the water supply to which by law and justice he is entitled. Plain- tiff alleges that because of this unlawful act of the defendant company, his land has become barren and unproductive, his cattle have suffered from drought, his tenants have refused to remain on the farm, and the value of his said prop- erty has greatly depredated.

'X)n this account, the plaintiff has been damaged to the extent of $5,000.00 for which sum he brings this suit.**

To this stitement the defendant pleaded vol guilty, and upon the issue thus joined the cause came on for trial and the plaintiff submitted his testimony, whereupon the defendant moved the G>urt for a compulsor}* non-suit, which motion was sustained and a non-suit entered. The plaintiff now moves the Court to lift that non-suit and allow the case to W again submitted to a jury for its determination.

The evidence offered by the plaintiff showeJ that he became the owner of the property whidi he now complains was injured in October, 1900, and that the defendant became the owner of tbt cial unierl\-inj th Duvall farm in the year 1899. WTien the plaintiff purchased ris farm, the jrantor resen'ed the Pittsburg or River Vein of coal under it, "tf.'gfiher with the free and uninter- rupted right of way into, upon and under said land, at such places and in Sttcfa manner as may be proper and necessary for the purpose of digging, mining and taking away said coal, hereby waiving all damages arising therefrom; also the privilege of remo\*ing through and under said premifies adjoining coal beloog- ing to said parties of the first part or their assigns.**

Jefferson Dnvall when he sold the coal under his farm also conveyed to the purchaser full mining rights and waived anr daim for damages that mtigbt be done to the surface In* reason of the mining of the coal, and the title to this coal with all these rights vested in the defendant company in 1899.

The testimony further showed that the Winnett farm was situated on either side of this smaU water-course and that the Dnvall farm which contained about 400 acres was above the Winnett farm, and that the head of the stream or water- course was about one mile from tht W innett farm and that the watershed which* fed this one mile of water course with surface water was composed of this Duvall farm and one or two other farms. Besides the rainfall which fed this stream, a number of springs from the Duvall farm flowed into this iLsttural water-course. Between four and five A-ars ajco the stream in dry weatlicr be- came dry and has continued so up to tlit present time: but in times of heavy rains water still flowed during that time aloii? tiie water-course. Between the time that the owners of the surface of the Duval i farm severed their coal from the surface and the present time, a largi amount of the coal underlying U/tli these farms has been mined and carried away. The consequence was that th- springs of water whidi flowed out of the Duvall farm and also the springs of water which flowed out of the "Vx'innctt farm ceased to run and were no longer available as a source of supply of water to course along this water-way, and the only water that did flow along it was that which was supplied from the surface at the time of hea'v rains. The evidence of the plaintiff showed thai there was a number of cracks in the surface of the Duvall farm and it iu>utd be fairhr inferred that there had been a subsidence of the surface i aused by tJir remoral of tlie coal and the failure to substitute artificial supp<>iti> ttierefgr It showed that one of these cracks at least was across the bed of this aa(Mrl

48 Annual Report

water-way. The plaintiff's claim was that the defendant's mining operations under the Duvall farm had depleted the supply of water that came from the springs on the Duvall farm and that this crack across the water-way to some extent allowed any surface water or other water that might flow down the stream from above to disappear down the opening. The evidence clearly estab- lished that the springs on the Jefferson Duvall farm did cease to flow and the water supply from that source was not available for the last four or five years. It did not show, however, that the crack across the natural water-way prevented the surface water from flowing down the stream at the time of freshets, be- cause it was testified to by a number of witnesses that water did appear and was present in the water-course on the Winnett farm after heavy rains, and on the day the jury visited the premises under the direction of the Court, water was visible in the stream on the Winnett farm which had been supplied by the flow from above by reason of a rain that had recently fallen. The evidence further showed that this crack that was across the water-way was so diminU' tive in size that it could have been very easily and without any great expense stopped up, so that the flow of water down the natural water-way would in no way whatever be interfered with. It therefore followed that the only real cause of complaint on the part of the plaintiff was the destruction of the springs on the Duvall farm which constantly flowed down the stream and supplied water for the stock of the Duvall farm. This then raises the question whether there was any evidence in the plaintiff's case to show that the defendant company had committed a wrong when it destroyed those springs. In considering this ques- tion, it will be observed that the defendant purchased and had a right under its title to remove all the coal under the Duvall farm without substituting any artificial support, and that the surface owner had specifically waived all right to damages on account of any injury that might result from a subsidence of the surface. It is clear therefore that there was no evidence in the case to show or from which it could be fairly inferred, that the defendant company had done any wrong whatever to the surface owner of the Duvall farm. Another that the testimony of the plaintiff failed to show, and that was when the coal was mined out under the Duvall farm which caused the subsidence of the sur- face which made the cracks that were visible thereon. It also failed to show whether or not the loss of the springs could be fairly attributed to the subsidence of the surface rather than to the striking of subterranean streams of water that fed the springs in the mining of the coal. Indeed, the testimony of the plaintiff as to the defendant mining coal under the Duvall farm is to be found in that of a single witness whose testimony amounted substantially to the fact that he had helped to mine coal under the Duvall farm within the last three or four years while in the employ of the defendant company; but his testimony was so meager and so indefinite as to throw no light upon the question whether or not the evidence of subsidence that appeared on the surface was directly at- tributable to any work done by the defendant company within the last six years, and it was admitted that there had been mining of coal under the Duvall farm prior to that period. This in our opinion left the plaintiff's claim without any substantial evidence to support it, for it is clearly the law that the owner of a vein of coal, in the proper use of it for mining or any other lawful purpose, may cut off or divert subterranean streams of water flowing through it, without any responsibility cither to the surface owner or to a neighbor whom that flow of water might undisturbed have reached.

It will be observed that the plaintiff does not claim in his statement that there was any negligence on the part of the defendant in conducting its mining operations, nor was there a scintilla of proof that such negligence existed, and the fair inference from the testimony is that the defendant company in mining

Inspector Of Mines. 49

the coal from under the Duvall farm, in th absence of any proof to the con- trary, mined it in a proper and workmanlike manner and entirely within their rights. And such being the fact, we are unable to see any evidence in this case of any wrong done by the defendant that could be made the basis of the plain- tiff's action.

"Every man has the right to the natural, proper and profitable use of his own land, and if in the course of such use, without negligence or malice, un- avoidable loss is brought upon his neighbor, it is damnum absque injuria. This is a universal rule of the common law, and nowhere is it more strictly enforced than in Pennsylvania. After elaborate and repeated argument and the most mature consideration, it was applied to a case admittedly of great hardship, difficulty and doubt, involving a serious choice of evils in the Pennsylvania Coal Company vs. Sanderson, 133 Pa. 136. No ordinary case could be sufficient to raise a further doubt on its application where the use is proper and the damage unavoidable."

The coal under the Duvall farm was only about 65 feet under the surface. The surface owner had conveyed this vein of coal with the right to mine it all without supplying artificial supports for the surface and released all damage that might be done to the surface by reason of the mining of the coal or the removal of the support to the surface; and this being the case, the defendant company in mining the coal was making a proper use of its own property and the damage that was done to the springs, so far as the evidence shows, was unavoidable and in no way could be attributed to its negligence: and this being the case, we think the principle laid down in the case referred to is applicable: that is, that in the absence of any proof of negligence or malice in the mining of the coal which resulted in the injury complained of, the principle of damnum absque in- juria applies.

A reason why we think it is equitable under the facts of this case to apply this principle is found in the fact that the plaintiff himself was the owner of surface that had been severed from the same vein of coal and the owner of that vein of coal in his purchase of- it had obtained the same rights to mine the coal without supplying artificial supports and with a release of damages to the surface ; and in the further fact that the springs on his farm which supplied the flow of water in this natural water-course had been destroyed by minitlg operations under his farm, and his grantor's vendee had lessened the How of water that would reach his neighbor below and also had lessened the water for the stock on his own farm. This being the case, it is plain that such a rule should be adopted in the interests of mining developments as would not result in holding the owner of an adjoining farm liable for destroying the supply of water that would run to the farm immediately below, but would allow the owner of that farm, or the vendee of his grantor, to do the same thing to the land- owner below him which he now complains was a wrong on the part of the owner of the land above him.

And now, August 10, 1910, this motion came on to be heard and was argued by counsel, whereupon, upon due consideration, it is ordered, adjudged and decreed that the same be overruled and that judgment be entered for the defendant and against the plaintiff for costs.

By the Court.

The following decisions were rendered by the Athens County, Ohio, Circuit Court at the October term 1909 and the January term of 1910, and will, no doubt, be of interest to Lessors and Lessees of Mining Properties.

4 I. of M.

60 Annual Report

r ATHENS COUNTY, OHIO, CIRCUIT COURT.

; (October Term, 1909)

Chewuncton, Jones, Walters, JJ.

William H. Aluson, et al.,

Plaintiffs,

vs.

The Luhrig Coal Company,

Defendant.

DECISION OF THE COURT. Jones, J.

This case conies into this court on appeal from the Common Pleas Court.

William H. Allison, and the other plaintiffs in this case, are the owners and successors to one Dorcas Allison, as lessor, of about twelve hundred acres of land described in the petition in this case.

In the second amended petition the plaintiffs, among other things, say that the lands described are chiefly valuable as coal and mining lands, that there is situated upon said lands a shaft and coal mine and entries from and through which the coal underlying said lands can be removed, and that the value of said lands to the plaintiffs' depends largely upon the maintenance of the same in such condition that the coal underlying the whole of said lands may be easily and readily removed through and by means of the mine situated upon said lands.

On the 27th day of December, 1892, Dorcas Allison, the original lessor of these premises leased them to the Athens Coal Company for a period of thirty years. So much of said original lease as is applicable to the questions raised here, I will briefly refer to. Under the terms of that lease it seems that Dorcas Allison leased this property to the Athens Coal Company for the period men- tioned for the purpose of mining, excavating, removing and selling coal there- from and manufacturing and selling coke, and, together with that, gave the les- see company all of the necessary rights for the purpose of removing coal there- from, upon condition that The Athens Coal Company, the original lessee, its successors and assigns, should not commit any waste upon the premises. It was covenanted in the original lease referred to, among other things, that the lessee would sink a working shaft, or shafts, for the purpose of mining coal upon said premises and operating upon said premises for the production and ship- ment of coal therefrom at the earliest practicable period; that it would operate a mine or mines thereon in a workmanlike manner and to the best interest of both parties to said lease. The lease provided for a royalty of seven cents per ton upon all the lump tonnage mined, provided there should be at least seventy- five tons of lump coal mined in a working day, or in lieu thereof it provided for a dead royalty of seven cents per ton in the event the coal was ,not mined. Among other things, the original lessee covenanted that the mining tools, im- plements and machinery on said premises when this original lease was made should be utilized for the purpose of operating said mines, and upon the aban- donment or termination thereof should revert to the lessor, her heirs and assigns.

The original lessee, The Athens Coal Company of Ohio subsequently transferred its rights under the lease as lessee to The Athens Coal Company of

Inspector Of Mines. 61

West Virginia. Later, that company transferred and assigned its rights under the original lease to the defendant in this case. The Luhrig Coal Company. Sub- sequent to the execution of the original lease, Dorcas Allison and The Luhrig Coal Company entered into a supplemental lease, by the provisions of which the lessor of these lands, Dorcas Allison, covenanted to allow the defendant Jessee the privilege of cutting the barriers between the property of the lessor and the adjoining property and gave the lessee the right to remove and transport coal from the adjoining property through the undergrotmd entries and subways on the lands of Dorcas Allison, which lands I shall hereafter call the Allison tract, up through anci out of the shaft located on the Allison property. For this privilege the lessee in the supplemental lease agreed to pay the sum of one cent per ton for the transportation of that coal, and it was further stipulated that it should mine one hundred and fifty tons every working day, instead of seventy-five tons as was provided for in the original lease, and pay sevent cents per ton for all the coal mined, and in lieu thereof a dead royalty of seven cents per ton upon an equivalent of one hundred and fifty tons of coal per working day. This supplemental lease contained a provision that the covenants and stipulations provided for in the supplemental lease should be an enlarge- ment of the rights, privileges and easements granted by the original lease. Those were the salient covenants, so far as the disposition of this case is con- cerned, contained in the original and supplemental leases, and under which the rights of the plaintiffs and the defendant in this case must be worked out.

The petition of the plaintiffs in this case, after reciting the history of the execution and transfers of these leases, and giving the terms therein contained, alleges that the defendant company has ceased to operate the mine upon the premises granted to its predecessor by Mrs. Allison in 1892, and that it owns adjoining lands, adjoining the Allison tract, and that it threatens to and is about to, and has, in fact, extended its entries from the adjoining tract, which The Luhrig Coal Company is now operating, into the leased property covered hy the original lease, belonging to Mrs. Dorcas Allison. It further alleges that the action of the defendant company in this behalf will cause irreparable injury to the plaintiffs in this case, who are now the owners and stand in the shoes of the original lessor, in this, to-wit: That the plaintiffs in order to mine and remove the minerals from under their lands would have to drive the entries upon the Allison tract through the entries made by the defendant upon the Allison tract* leading from the shaft of The Luhrig Coal Company upon the adjoining territory; that the driving of the entries from the Allison tract to reach the coal upon their premises through entries so made by The Luhrig Coal Company would be extremely dangerous to life and property, and that it would increase the dangers from gases, from explosion and from fire upon the premises of the plaintiffs. They allege that the plaintiffs' land has been made less valuable as a mining property by reason of the action of the defendant inasmuch as the mining system, which belongs to the Allison tract, and is an integral part thereof, would be damaged by allowing it to be disturbed by the entries made by the defendant company in the maintenance of a system upon its own tract and adjoining. Those are the allegations of the petition.

The answer in the case denies every vital point that is alleged in the peti- tion with the exception of the ownership of these various properties and the execution of these leases.

Some testimony was offered upon the trial of this case, and it was ad- mitted in open court by counsel, that the original tract granted by Dorcas Allison, the lessor, to the lessee contained about twelve hundred acres of mineral stone coal, and that about the time this suit was brought about one hundred acres of

62 Annual Report

that property had been mined over by the defendant and its predecessors. Other testimony was proffered by the plaintiff in this case tending to show that tke property of the plaintiffs would be damaged and an irreparable injury would accrue to this property should the actions of the defendant company be per- mitted. In a series of questions asked by counsel for the plaintiffs, testimony was proffered to prove that by means of the connection of the plaintiffs' prop- erty with the mines on the defendant's property on adjoining territory that the mining system laid out upon the property of the Allison's would be disturbed and, in effect, destroyed, and especially would be affecljd injuriously to the plaintiffs, and that if such entries were permitted to be driven upon the prop- erty oi the Allisons' that gases would accumulate upon the property to such an extent that it might prove dangerous to life as well as property. That class of testimony was objected to and this court, upon the hearing of the case, sus- tained the objection to that testimony, and it was not permitted to be given. So that the questions contended for by counsel upon both sides, both for the plaintiffs and the defendant in this case, arise primarily upon the construction of the original lease and the supplemental lease, executed after the original lease.

The question in this case is whether or not a defendant lessee, who owns adjoining property to another, of which he is also the lessee, will be permitted, in the absence of express and positive stipulations to that effect, to use entries upon the second property for the purpose of mining and removing coal out of the adjacent property. As in this case, assuming that The Luhrig Coal Com- pany is the owner of both leases, namely, the Allison lease together with that of the adjoining property, the question is whether or not The Luhrig Coal Com- pany is permitted, under the construction of these two leases, to enter upon the property of the Allisons and remove the coal underlying the Allison prop- erty through entries upon the Allison property out into the Luhrig property and through the Luhrig shafts. The counsel for the defendant claims as ar proposition of law that in the absence of positive restrictions to the contrary in the lease that an adjoining lessee, owning both leases, may mine not only upon the Allison territory but upon the adjoining territory as well, that he has that right by implication of law ; and it is further contended that if he has not that right by implication that the construction of these two leases would give him the right, inasmuch as by the provisions of the supplemental lease Dorcas Allison, the original lessor, did give the right to cut the barriers between the two properties for the purpose of removing coal from the adjoining property through her property, and therefore an implication would arise that the coal could be carried the other way, from the Allison property, out through the bar- riers through the Luhrig property. The plaintiffs' counsel deny this contention. They claim as a proposition of law that no implication arises by which the owner of the adjoining property can mine over into another. Second, they claim that a proper construction of the covenant of these two leases would necessitate holding to the effect that by the original lease The Luhrig Coal Company, and its predecessors, were bound to take out the coal from the Allison property through shafts placed upon that property.

That is the question which we are called upon to decide. There are no- positive stipulations, no restrictions regulating the right of mining and transport- ing from adjoining property through the Allison property found in either the- original or supplemental lease. If The Luhrig Coal Company has this right, wc must find it has such by implication or by the construction of the two leases in question. As I say, there are no restrictions found in either of these leases nor are there any positive or direct covenants in any wise referring to that fact.

Inspector Of Mines. 53

In our judgment, and we have paid some considerable attention to the legal side of this question, The Luhrig Coal Company, under the allegations, at least, made in this petition, together with the evidence proffered upon the trial, have no right to use adjoining property for the purpose of entering the Allison lands to remove this coal. The reasons for this will be stated briefly. The original lease of Dorcas Allison to The Athens Coal Company, which is now held by the defendant in this case, covered an acreage of some twelve hundred acres of coal. That lease provided, among other things, that it should hold this tract of land for a period of thirty years; that the lessee should erect a shaft, or shafts, upon that territory within a practicable period, and that it should continue mining operations thereon. In other words, it provided, to use the language of the lease, that it should operate to the best interests of both parties the twelve hundred acre tract in question, not any particular tract but the twelve hundred acres, or all that is mentioned and described in the original lease. That lease provided, among other things, also, that the mining tools, implements and machinery upon the property at the time that the original lease was executed should be used in the operation of this property and should be returned or revert to the lessor upon the abandonment or forfeiture of this lease. Now, we have a number of authorities on the converse of this proposition, namely, that where a lessee owns two leases that he has the right to use the underground passages or the chambers left after taking out the coal in an entry, for the purpose of entering other territory and removing it out through shafts of the lessee. In other words, it was decided in the case of Lillibridge et al., v. Lackawanna Coal Company, 143 Pa., p. 293, that the lessee, without any express stipulation, had the right, under a lease, in effect, to use the vacant chamber made by the excavation of the coal in an entry and so much of the overlying strata to remove coal from adjoining territory; but neither in that case, and in no other case, has the court gone farther than to lay down the doctrine within that strict limitation, and it is stipulated by the learned judge in that case that even in that event if any damage or injury is done to the surface owner that such can not be done; that the only right the lessee has is merely to use the vacant chamber, and he has that right by Reason of the fact that he is supposed to have the title to the coal and, having the title to the coal, he has, as well, the title to the vacant chamber, which constituted the entry. The Supreme Court of Ohio adopted that rule in this state in the case of Moore v. The Indian Camp Coal Company, and in the syllabus of that case it is found, (and I say this is the converse of the proposition which we have in hand here), that while the lessee has a right to use the vacant chamber for the purpose of reaching adjoining property, it can not do so if in doing so it would result in injury to the owners of the surface. Now, stating the same doctrine conversely and the of the lessee upon adjoining property to pass through barriers on that property into the lands of another, of which it is also the lessee, shall we apply as strict a rule? It seems to me that the rule ought to be at least as strict for the reason that in the second case, as in the case we have here, under the original or parent lease is a provision for the working of the mines, erection of the shafts and maintenance of the structures upon the property. Conceding for a moment that an implication would arise that in the event no substantial njury should be done by The Luhrig Coal Company to the Allison tract that they might have the right to enter upon the property in taking out this coal, are quite confident that there can be no case found, or at least we have not en able to find any, which would permit that to be done to the substantial in- jury to the first leased, contiguous property. When Dorcas Allison executed this original lease it was contemplated by the parties that the entire property should Ix mined as a whole mining system. Its entries and rooms and side entries were

54 Annual Report

all constructed, no doubt, with relation to the shaft placed upon that property, or which might be placed upon the property. Now, then, when a second lease should have /been obtained upon an adjoining property by the owner of the first lease, his interest must necessarily clash with that of the first property leased, for the reason that in extending his entries from the second property into the first he would deem it convenient, looking to the profitable mining of the coal throughout the second shaft, to use it to the interest of the second shaft, which might be injurious to the owner of the first property, as in this case. Suppose that The Luhrig Coal Company in extending its entries into the Allison property has abandoned the Allison property for mining purposes, as it is conceded in this case, abandoned not the lease, but having abandoned that portion of the mining shaft which is located on the Allison land, suppose under those condi- tions, as they are conceded to be in this case, that The Luhrig Coal Company should extend its entries upon the Allison tract for the purpose of mining the coal from the Allison tract through the second leased tract, there would be a clash of interest between the lessor of the first and lessee of the second. Having abandoned the mining property on the first, it would be, and it should be, the duty of the lessee of the second tract to take the coal out of the first most conveniently and most profitably to the lessee, it would be but natural, and for that reason we think that it comes within the doctrine laid down in these varicms cases whereby the interest of all parties must be protected. It .was not provided in the original lease by Dorcas Allison that any other property should be mined, but that they should mine the coal from under her own land. There is no express provision of that kind so that question would arise, conceding now, as I do for the purposes of this case, that ordinarily they have the right by implica- tion to enter upon the adjoining property, they would have no right where it would do some substantial injury to the property of the first lessor. Testimony was proffered in this case to show substantial injury. The view that the Court had at that time foreclosed the plaintiffs from offering that testimony, and we are satisfied now that this court was in error. Having examined the law of the case, we are satisfied that if the plaintiffs could show substantial injury to the owner of the first leased mine, namely, the Allison tract, in support of the allega- tions of this petition this court should have allowed them to do it in support of the injunction to restrain The Luhrig Coal Company from operating upon that property. There was something said that the supplemental lease contained a provision of this kind, namely, that an implication might arise by which the owners of this second leased property could enter the first property because of the fact in the supplemental lease is found a provision by which Dorcas Allison consented that the barriers should be broken and the coal transported from adjoining property through her own, and that a consideration was paid for that That is true, but that provision of the lease has become, admittedly in this case, inoperative for the reason that it is not transported through the shaft on the Allison property, and the shaft itself, as I understand, has been abandoned.

The question that we decide in this case is this. Dorcas Allison, the orig- inal lessor, and her successors in title, the plaintiffs in this case, at this time have such an interest in this property that it must be protected against rival interests, as held by The Luhrig Coal Company; that she did not grant the right to have her coal taken out by any other methods or means than by a shaft upon her own premises and under the construction of the covenants in the original lease.

I have gone a little more fully than I intended into these questions because we are not going to decide this case finally at this time, but have undertaken to give our views of the law of this case, and if we should find that the testi-

Ixstector Of Mines. 55

mom- praStTcd the piUintiffs below was of sach a character that it would do meant iipreciable xnjnri- to the rights of this lessor of this Allison tract limdc that aa inJTincxioQ shoald issue restraining the defendant from faithw Operations apon this property through lands of The Lohrig Coal Com- paznr. bm inasmoch as we foreclosed any testimony apon this qnestkm, either tt part of the plaintiffs or the defendant, and in view of tiie fact ttaX tSie answer in this case contains sweeping allations upon the qaesdon of dan age and tlie vital questions in the petition, the only thing we can see that we can da in jnstice to all parties, and allow them to make a record in this case. 25 to bold this case for further hearing. I want to state farther that the reason we made the holding apon the evidence before was apon the assnmption that upon the final argamem of this case the defendant woald show that it was not a trespasser, but had the right to enter apon the premises. Of coarse, if that were trne, onr holding wonld have been proper that they woald have been rele- gated for their damages to a coart of law. Bat now apon the consideration of that question we think if the facts shoald sustain the pleadings in this case, then the farts become vital and the parties should be heard.

The only thing probably that we can do at this time, unless counsel coold themselves agree upon- an amicable arrangement, is to allow the order to stand practical]3- as made by the Common Pleas Court until the further hearing of this case. It may be that this case can be closed and counsel can prepare a short agreed natement of facts upon the question of damage, etc, from which the case can be taken directly and at once to the Supreme Court, and in that event the>' can do it The only thing we can do is to leave the case open.

The case possibly had better be continued.

Circuit Court. Athens County, Ohio.

January Term, 1910. CHEaaiNGTON, Walters, Jones, JJ.

WiLxiAM H. Alusok, ct al.,

Plaintiffs,

vs.

The Luhrig Coal Company

Defendant.

DECISION OF THE COURT. Jones, J.

This same case was before us at a former term of this court, at which term it was partially disposed of. The question came up at that time upon the proffering of certain testimony on the part of the plaintiffs in the case seeking to establish the fact that The Luhrig Coal Company by driving its entries apon the Allison tracts would accomplish some substantial injury to the Allison prop- erty. Upon that question this court construed the two leases, and really passed upon what we concede to be the law of the case. The case was continued to this term for the purpose of hearing this testimony, and what I shall have to say will be merely supplemental to the opinion rendered at the former term and will be rather brief.

The real engagement in this action was the skirmish that took place upon the law at the former term and, in our judgment, disposes of the whole

56 Annual Report

The plaintiffs sought to introduce this testimony as to substantial injury, and I might say that were we driven to the question, which we are not, we would very probably hold that no substantial or appreciable injury would have to be shown in a case of this kind, and for this reason: That in neither the original or supplemental lease was there any covenant whatever allowing The Luhrig Coal Company the privilege of making this instroke upon the Allison property. There was a covenant permitting them to go from the Allison property through bar- 1*1 ers upon the Luhrig property, but that is quite a different proposition from the case here. The Allison people could very well provide for the integrity of their property by permitting the haulage merely to be made through their bar- riers from the adjoining property, but this question is of more moment than the former for this reason, that it can not be said that by reason of the cove- ant that allows the defendant to go from the Allison property to the Luhrig property, then by implication arises this covenant that allows them to go from the Luhrig to the Allison property because the damage may be more substantial And far more appreciable than in the first instance, for having permitted them to cross barriers into the Allison property would permit them to enter upon any mining system the Luhrig people might see fit, and we construe these leases then principally upon that question, that there was no positive covenant permit- ting this last act on the part of the Luhrig Company, and inasmuch as the original and supplemental leases of the Allison tract were based upon not merely property as leased property, but upon property as a mining property. The orig- inal lease contemplated not only the mere leasing of the property, but the leas- ing of the property as a mining property and a going concern, and that being the case we construe it as the lower court did, that' this property ought to be held intact so far as possible and that its own mining system should be located on it in the construction of this lease.

The testimony of George Harrison is offered in this case by way of depo- sition. A great many exceptions were taken in that deposition, and I will say we overruled all of them with the exception of two. Question 110, on cross- examination, the exception to that question by the plaintiff will be sustained. Question 254, on re-direct examination, the exception of the defendant to that question and answer will be sustained.

Now, the facts in this case are rather brief, as we heard them, and revolve around the question whether any injury was done to this property. The testi- mony shows that The Luhrig Coal Company through shafts upon the Luhrig property was in the process of driving entries from the Luhrig property on the southeast into the Allison property; and, also, there was another entry being driven into what is known as the 50-acre tract lying east and northeast of the Allison property. We find the facts to be in this case that as a matter of fact the system of mining adopted and pursued by The Luhrig Coal Company docs constitute an appreciable and substantial injury to this property, and that if the mining system as proposed should be pursued that there would be irreparable injury. We think this injury and the damage to the property falls probably in three classes : First, we think the testimony shows that so:ne increased damage would occur and accrue to the property if this system should be driven into the Allison property and afterwards should be attempted to be connected up in any way with the Allison system. We think, also, that the system of ventila- tion that the Allison property might hereafter adopt would be affected materially and injuriously by coming in contact with the old system that has been driven, and possibly might be abandoned, by the Luhrig people. We think, too, there would be an increased burden placed upon the Allison tract by reason of this fact, and it would require the Allison people to so connect and carry on their operations with regard to any excavations that might have been made thereto-

far* die Lkiiini euoie. ami in C2:s viy, think. ere wJUAi :!cc only Ttiirs juTTisi 'inpn9ti open ae -\lli3cn accperty. :c wjolc nMtrlaUy idEct :i5 /nine.

rTte irnnfale m dns vase is vhat cr ziKcnr opca woich ch<f vi)efo.aiiUUf$ loimsei ITS ir}cesiini$ is 'ia:sl 3poa a vroa basis azoLrcLy. It ts posstb2> tnzie :i ~ie Loiiri lejoie gurueii dieir systesz or Tiirriag b: x wcrkssaalike nxiujwr mni zie Ailia*]n pnperrx wer- exhausted. a:ii it $2xouId Se arc ;iba.t4ioft> axenr 37 the Laiirr? neopie a.Ty time herwifter ct tfeis property. i::0; it tilK f?5ceni re rmnini; that is -ov adopted by the Lahnjs aslvI parsuedl by nem ji eir s-.avations a?oa the -\iliscci property sccli always be done and varrred :n 33 the v-ry -aid, drat there possibly asight be co datnage. but under :3xs jrrgrnal lease there can. be no iue:$tion bet that a possibility mtjfat 3xi5e ar. The Lahnir Ccai Ccaipa:iT might it any tiaxe abandon the entire property* Thac leiii? the -zise, the .\iIison people woald have to conduct their miring operaasns inth reari to the system employed by the Lnhrig people azil I 7. It. a apoc the theory that the integrity of the Allison property -W'lizi-i zTT'ir be iistarbc*! that this case has been tried by the defense in thb

N"jTr. jcher facts were required to be passed upon probaMv. There is the I'M-im tn-rr jeiocing to the Allison people that is connes:ted in a slight de- cree with che main body of the property. We find from the testimony of the pTaTTTTs' witnesses is veil as of the civil engineer of the defendant compouiy that that i*'A icres can be mined practically from entries driven from the AUisoQ

Xgw. as tc the other tract. The -xacre tract is disconnected and de- tached errrirely from the main body of the .Allison coal. We find as a matter of fact that a shaft driven upon this nfty acres could not be driven so as to mine the coal onderlying the fifty acres both practically and profitably*. We think that the fair veight of the testimony goes to show that if you consider merely the coal onderlying the fifty acres that that coal can not be mined profitably, but in oar view of the law of the case that would not be an item that would affect the final issue in this case. In the first place, as I have indicated, we would probably hold there would be no covenants permitting them to enter it in this manner, that they had no right to. but we find as a special finding of fact that this fifty acres has an additional value by reason of its contiguous surroundings. There is evidence going to show a shaft has been begun on this property*, and we have the testimony of one witness that this shaft should be sunk on this fifty acres for the purpose of mining this fifty acres of coal and that under the terms of the supplemental lease that shaft should be utilised for the purpose, as Mr. Rowland has stated, of hauling coal from outlying terri- tory- Then there would be a special value there, which would include not only the royalty for the coal taken out of the fift>' acres but the additional haulage royalty provided for by the supplemental lease. They would be permitted to get that if the shaft should be sunk on the fifty acres, but would not be per- mitted to get it if the mining operations should be carried on as the Luhrig people are now doing.

I believe those are all of the facts that this court is required to pass upon, and it follows as a matter of course that the judgment will have to be as indi- cated by us in our opinion at the former term, and that is that the Luhrig people by means of these entries upon its own property should not be permitted to drive its mining system, or these entries, into any tracts of the Allison prop- erty, and the decree may be prepared accordingly.

58 ANNUAL REPOrr

ADDRESS OF GEO. HARRISON, President.

To The Members Of The Mine Inspectors' Institute Of The

United States Of America, At Their Second Annual

MEETING, CHICAGO, ILL., JUNE 14th, 1910.

Fellow Members : —

Again time has made its annual records, and we are enabled to review the important events which have transpired during the year in line with the work in which we are engaged, and note the progress we are making in the promulgation of the principles and objects which prompted the organization of our institute two years ago.

I regret that we cannot congratulate ourselves on any material de- crease in the number of mine catastrophes, or console ourselves that the number of individual fatalities has likewise decreased.

It is pleasing, however, to note that the long and persistent agitation in favor of the establishment of a Federal Bureau of Mines has at last borne fruit, and that the bill for its establishment has become a law. With such a bureau conducted along proper lines, and an earnest and faithful co-operation between the persons connected with the bureau and the state mining departments, a great and beneficial work can, no doubt, be accomplished.

While I am heartily in favor of the establishment of rescue training stations for training a number of the most active mine inspectors, and others, in every mining state, in the work of rescue and use of helmets, and being fully prepared for any emergency that may require such service, I wish to impress upon you that it is still a nobler work to bend our energies and exercise our influences in the direction that will elimi- nate, as far as possible, the necessity for rescue work.

The only way, in my opinion, to accomplish this desirable end, is to seek uniformity of mining laws in every mining state where conditions are similar; removing, as far as possible and practicable, all seen and known dangers, and adopting such safe-guards as are best calculated to reduce ordinary accidents, explosions, and other calamities, to a minimum.

Care, however, should always be fully exercised in order that no false feeling of safety be created, or the idea fostered that no respon- sibility should be assumed by the ordinary workmen. On the contrary, every man who enters a mine should be taught to understand, and should fully realize that there is no such thing as safety, and that the lurking and unseen dangers in a coal mine are greater than the ordinary dangers in any other vocation in life. He should also be taught the necessity of

Of Mixes. $9

T5a;D33i t:iD 333S oii mdiTidual libenaes and that on his coiKtuct and icis oepcad his own safety, and the safety of all others in the mine. It is a vidl-lmoini, but deplorable fact, that a large majority of the iires in mines is the resnh of sheer cardessness or otter want of or&sij disdpSine among employes, whidi is one of die greatest sources of dagger we have to fear and with which we have to conienvi

OHIO MIXIXO COMlflSSIOK.

My colleagues from Otdo, and myself, are pleased to adWse >xm that the mines in our state commenced operation last Saturday morning imder a complete new code of laws. These laws were drafted by a Com* mission of thorough, practical miners and mine managers* ever}* mem* ber of which knew just what was needed, and how to apply it without consulting an army of political lobbyists, or hearing arguments from a. group of paid attorneys representing either the plaintiff or the defendant in the case.

This is not any argument, however, that our new mining laws are- perfect or faultless, nor is it an indication that they are as anplcte as the members of the Commission desired them to be. WHiile safety to life and limb should always receive first consideration, the increase in the cost of coal, the earning powers of employes, the increased responsi- bility and curtailment of the liberties of individuals, as well as competi- tion from other mining states, are all potent factors that are zealously guarded against by one side or the other, and have to be reckoned for in the drafting of state mining laws, a fact which is the strongest evidence of the necessity of federal assistance and influence in securing uniform measures of law to govern mining in every state.

Our Commission, after careful consideration, and trying to cover every conceivable condition of present-day mining by specific law, and giving increased discretionary powers to the state mining department, made a unanimous report, — the first time in mining history where three direct representative miners and three representative operators, and a contrary mine inspector, ever recommended an entire new mining code.

The Recommendations Were Submitted To The Governor

And in turn to both Houses of the state legislature, with a special mes* sage of recommendation from him in their favor. Committees represent- ing the mine operators and miners of the state were appointed and met a conference committee of mines and mining of the House and Senate, urging the enactment of those recommendations into law. This bill was favorably reported by the Mines and Mining Committees of the House and Senate, passed both Houses without a single change and without a dissenting voice or vote ; was signed by Governor Harmon on April iith last, and went into effect as stated, on the nth inst., allowing sixty

60 Annual Report

days after the approval of the Governor to prepare for its application and enforcement.

As stated above, in our recommendations we endeavored to cover every important matter, and to clearly define the duties, not only of coal-operating companies, but of every person employed in the mine, creating an easy means of prosecution, and providing penalties for violation, making the mine-foreman responsible to see that every feature of the law is complied with.

I confess that it is a herculean task for seven men to assume the responsibility to settle so many questions of such vast and vital im- portance, and as the seventh member, and chairman of the Commission, take this opportunity of expressing my high regard for the ability, and spirit of fairness, as well as for the logical fighting qualities of the representatives of both miners and operators on the Commission, but above all, my admiration for their persistent determination to overcome -every obstacle and submit a unanimous report.

If you want to leave' your measure for a new suit of clothes, you do not leave it with a blacksmith or a bricklayer; if you collide with a flying express and smash your automobile, you do not take it to an apothecary to have it repaired; if your watch fails to keep correct time, you do not call in a veterinary surgeon; if your wife requires a new dress made, or wants a new hat or bonnet, she does not go to a dentist or a druggist, and so on and so forth. If you want good, sane, sensible, practical mining laws, you must have them drafted, not by lawyers ; not l)y doctors ; not by dentists or politicians, nor by men who probably never saw a coal mine, but by good, reasonable, broad-minded, practical men who understand and are familiar with all the conditions, difficulties and dangers met with in the operation of mines.

For many years, and against much opposition for a time, particularly from Miners* Leaders, we have been advocating this method of securing legislation to govern the mines in Ohio, and the results so far are so gratifying that we highly recommend it to every mining state anticipating legislation of that nature. No legislation will prevent accidents or calamities where the management of mines are indifferent about the performance of their duties, or the safety of the men under their charge, or where careless employes consider their individual liberties paramount to the safety of others. Willful carelessness and criminal negligence should be vigorously prosecuted, and for repeated offenses such violators of law should be driven out of the mine, in the interest of and protection to those who are careful and law-abiding.

Cherry Mine Calamity.

At Scranton, Pa., a year ago, when we accepted the kind invitation of our brother members from Illinois, to hold our second annual meeting in this city, we little expected to come here to express our sympathy

Inspector Of Mines. 61

with and share the regrets of these fellow-members of our institute as a result in their home state of one of the most peculiar, unlooked-for, and heart-rending catastrophes that mining history has ever recorded. Every mine inspector who has knowledge of the careless practice of some mine-foreman in neglecting the ventilating system of their mines where carburetted hydrogen gas is generated, or is familiar with the general indifference of marty employes in mines in regard to their own safety and the safety of others, expects, and is not surprised when explosions occur; but who ever would have conceived such a circum- stance as a hard-pressed and tightly-wired bale of hay catching fire and developing into a conflagration sufficient to cut off the egress at two mine openings about 500 feet apart, and causing the loss of 265 humaa lives, particularly where a number of men were working close to and had a full knowledge of the origin and progress of the fire, but seem- ingly made little effort either to report or extinguish it until too late.

In mine catastrophes, there has been no parallel to the Cherry mine fire. The nearest to it was the Hartley Colliery accident in England on Jan. i6th, 1862, where a cast-iron engine pump beam, weighing about 44 tons, broke in two at the center and one-half of it fell down the shaft, stripping out the partition and timbers, closing the shaft, and two hundred and four persons slowly succumbed to the effects of car- bonic oxide gas, generated by the combustion of fuel at the furnace after the shaft was closed ; and Avondale, in Pennsylvania, on September 6th, 1869, where fire from the ventilating furnace ignited the partition in the shaft, and carried the flames to the breakers and outside buildings, prac- tically closing the shaft, and about 200 lives were lost.

Unlike the Cherry calamity, however, in both instances, there was only one deep shaft opening, with wooden partition for ventilation, and a ventilating furnace in the mine.

In the case of the Hartley calamity, the s)mipathies of the people- of the entire nation for the entombed miners and their families was such, and popular indignation of such a strong and wide-spread char- acter, that the English government at once enacted a law providing for- two separate and distinct means of ingress and egress to mines, with not less than 100 feet of natural strata between. Similar provisions were made by legislative enactment in Pennsylvania, Ohio, and other "lining states in this country, forced by the sacrifice of a similar number of lives at Avondale.

At Cherry, however, there were two means of egress, nearly 500- eet apart ; no such a thing as a furnace in the mine ; no ordinary pos- sibility for fire ; two hoisting shafts where men could have readily been brought to the surface, yet we have the worst calamity that has ever occurred from any similar cause, and is proof-positive that with all the safe-guards human mind can conceive and provide, there is no such thing- as safety in a mine. A moment of forgetfulmess,. or a failure to dlU-

62 Annual Report

gently and constantly perform an important duty, may doom the entire force in a mine to death, in the twinkling of an eye. The hasty and cruel criticism indulged in against mine inspectors and others when mine calamities occur, by people totally ignorant of the circumstances, and unfit to pass judgment, makes it necessary that the slogan of this insti- tute, and the watchword of every member, should be a strict performance of duty and a judicial, but rigid enforcement of law.

It is evident, judging from the number and important nature of the subjects on our program, that we are going to have an opportunity to spend a very interesting and profitable week. I am sure that it is not necessary to remind you that we are here from long distances, at con- siderable cost to the people of our respective states; here, most of us, at the desire, and with the hearty approval of the Governors of our states, for a free and friendly interchange of views, and a full and care- ful discussion of all important subjects, with a view of reducing the number of fatalities and more securely safe-guarding the lives and limbs of those who labor in our mines, and I trust we will each and all endeavor to utilize the time at our disposal for that purpose, and to that end.

Inspector Of Mines. 65

opinion that it was unfair to ask them to return to the old-fashioned method of mining with the picks.

The question of blasting coal off the solid, and the excessive use of powder, or rather the question of eliminating solid-shooting and the excessive use of powder, is just as important as the question of keep- ing the abandoned workings free from standing gas, as I believe that a very large number of our accidents is due to the reckless and excessive use of powder, and these will continue as long as this reckless and un- warranted system of producing coal prevails.

In the state of Ohio, the mining department has repeatedly warned both miners and operators to refrain from this dangerous method of pro- ducing coal. On these occasions, the operators take the stand that their miners would leave and go elsewhere if they were not allowed to shoot the coal to suit themselves, but the fact of the matter is that less fine coal would be produced, and the profit from the sale of powder would be reduced, conditions which would have a tendency to encourage, rather than discourage, this system of mining. With the operator encouraging this dangerous and reckless method of mining, and the miners claiming that we have no right to impose conditions on them that would cause them to perform more labor, even to protect their own lives, the inspector is "between the Devil and the deep Sea", and the public never stops to consider that his only object is to protect the lives of those who work in the mines.

I believe that we should have good laws to protect those who work in the mines; there is, however, danger of goii to extremes, and the possibility of creating a feeling of false security in the minds of the workers by leaving the impression that they are surrounded with such safeguards that there is no necessity for them to exert themselves, or use due precaution to protect themselves.

After a careful investigation by the State Mining Department, it should have the power to order the mines worked on a method best adapted to that particular vein, and miners and operators alike should respect the judgment and orders of the department; never losing sight of the fact that any order issued is in the best interests of mining, and the protection of life and property.

Gentlemen, we have met here for the purpose of taking up the ques- tions of protecting or conserving the lives of those who work in the mines. We should also consider the question of conserving our coal veins, as they go hand in hand, especially so in deep and gassy mines, where it is very important that all the coal be taken out, and the roof and floor allowed to come together, so as not to provide space for large quantities of gas to accumulate.

There is another question that should be taken up at this meeting: That is, the question of whether our mines are surrounded with the same elements of danger that are encountered in the mines of foreign countries.

5 I. of M.

64 Annual Report

very much whether they generate more gas than some of our mines do ; on the other hand, most of our coal is cut with chain machines. These grind up a certain per cent, of the coal as fine as flour; this is carried away by the air current, and deposited along the roadways, also on the timbers and in the old workings, and as this dust is highly explosive when thrown into the atmosphere by a concussion, all that is necessary to cause an explosion is to have a flame come in contact with it.

This dust is unavoidably being stored in the mine "day after day, and is one of the most dangerous elements with which we have to contend under our present system of mining.

Take, for instance, our bituminous mines, a great many of which generate large quantities of gas; the majority of these are worked on the room and pillar method. In brder to avoid squeezes, about 50% of the coal is left in the mines; as the face of the workings advance, the worked-out places fall in around the pillars, and this coal is lost for- ever. Not only that, but sufficient open space remains in these old workings to allow great quantities of gas to accumulate. While our law requires them to be kept free from standing gas, the question is, "How is it to be done?" They may be kept ventilated for a time, but as the workings extend, it becomes an utter impossibility, and the result is that we have a magazine stored in our mines between the face of the workings and the shaft.

The fact is, our system of mining is at fault, and it should be changed to suit present conditions. In foreign countries, the method of mining is adopted to suit the conditions, and this dangerous and wasteful method is eliminated. The coal is all, or nearly all, taken out, and most all of the deep-shaft mines are worked on what is known as the "long-wall" system. This system is worked in some parts of the United States, and we seldom, if ever, hear of an explosion in these mines. Why? Because the ventilation travels along the face of the workings, and as all the coal has been removed, the top and bottom come together, leaving nothing open behind but the roadways, consequently there is no place for standing gas to accumulate, and as the weight breaks the coal off at the back of the cut, there is practically no danger from explosives. This is another great element of danger connected with the mining of coal, the excessive use of which is not restricted by law.

We can all recall the time in the history of mining in this country when the miner undercut his coal with picks, as is the custom in foreign countries at the present time, and the man who attempted to shoot coal off the solid was considered a "coal-butcher", or a "Company coal- digger." Today, there are very few miners who care to undercut th6 coal before blasting it down; in fact, one who was considered an ex- perienced miner expressed himself in my presence before a meeting of miners, operators, and inspectors, in favor of solid shooting, remarking that the miners had reduced mining to a science and he was of the

Inspector Of Mixes, 65

opinkn that it was unfair to ask them to return to the old-tasliioned method of minii with the picks.

The question of blasting coal o£F the solid, and the excessive use of powder, or rather the question of eliminating solid-slioottng and the excessive use of powder, is just as important as the question of keep- ing the abandoned workings free from standing gas, as 1 believe that a vcn* large number of our accidents is due to the reckless and excessive use of powder, and these will continue as long as this reckless aiul un- warranted system of producing coal prevails.

In the state of Ohio, the mining department has repeatedly wanieil both miners and operators to refrain from this dangerous method of pro- dtidng coal. On these occasions, the operators take the stand that their miners would leave and go elsewhere if they were not allowed to shoot the coal to suit themselves, but the fact of the matter is that less fine coal would be produced, and the profit from the sale of powder would be reduced, conditions which would have a tendency to encourage, rather than discourage, this system of mining. W'ith the operator encouraging this dangerous and reckless method of mining, and the minors claiming that we have no right to impose conditions on them tliat would cause them to perform more labor, even to protect their own lives, the inspector is 'between the Devil and the deep Sea", and the public never stops to consider that his only object is to protect the lives of those who work in the mines.

I believe that we should have good laws to protect those who work in the mines ; there is, however, danger of going to extremes, and the possibility of creating a feeling of false security in the minds of the workers by leaving the impression that they are surrounded with such safeguards that there is no necessity for them to exert themselves, or use due precaution to protect themselves.

After a careful investigation by the State Mining Department, it should have the power to order the mines worked on a method best adapted to that particular vein, and miners and operators alike should respect the judgment and orders of the department; never losing sight of the fact that any order issued is in the best interests of mining, and the protection of fife and property.

Gentlemen, we have met here for the purpose of taking up the ques- tions of protecting or conserving the lives of those who work in the mines. We should also consider the question of conserving our coal veins, as they go hand in hand, especially so in deep and gassy mines, where it is very important that all the coal be taken out, and the roof floor allowed to come together, so as not to provide space for large quantities of gas to accumulate.

There is another question that should be taken up at this meeting: That is, the question of whether our mines are surrounded with the same elements of danger that are encountered in the mines of foreign covLtvtnft

5 I. of M.

66 Annual Report

This is important, as the impression has gone forth to the pubHc year after year through the public press, purported to be from authorities who have studied mining conditions in all important mining countries of the world, that our mines are not surrounded with the same elements of danger as other mining countries. If these statements go unchallenged, and the impression is allowed to go to the public that our mines have not the elements of danger found in other mining countries, in the face of all the explosions and other fatalities which have occurred in recent years, it will certainly cast a reflection on the inspectors of the United States ; it also has the tendency to create the impression among operators and miners that there is practically no danger, and they become over- confident. This leads to negligence. As there is no surer way to en- danger a man's life than to make him feel that there is no danger, it is our duty not only to have the danger removed as much as possible, but to remind both miners and operators that the danger is there, and they must always be on the alert to avoid accidents.

Take, for instance, our most dangerous mines: Those in charge know that they have to be continually on the alert to avoid a calamity, and at the least sign of danger, withdraw the men. Supposing they were being continually told that there was very little danger, they would become over-confident, and like an army without night sentinels to watch the treacherous foe, who would approach and destroy them before they were aware of it.

We know that we have all the elements of danger that are en- countered in coal mining, and we should sound the warning to all and entreat them to be ever-careful. Let the miner and operator alike respect the law, and orders of the inspector, and when orders from a mining department are issued, let them never lose sight of the fact that the only object in view is the protection of life, limb, and property.

tht coHsiderei: the most htaUhy 4ami *fr ilUimwn: W. nv'ntN. riws€r;.;i cxnnpaimd of R;Si aninvil Ar v-hihtc a}; wfHi rhf oi m?nrv Kcnna! or nzinrra: oil. am: Tqurppil tlwit nil vAnrimrv V ?aVk; per iht qoalin o: tin oil rontatnfl. ami fVrovil'ii fviwUi foi nil N'ioln DOBS botii b'mmeTs. manutarturtfrs, and tnr ii<fulfAnfvMi mnwifiKtttr

Wiaik wc faavt harl ven Httir rroithlr with ftwrni fikti fors icecpcs*. tbe number of aTTtsfc; whcir mim*fs toiimi to lw>y Jtti: tiieir oil. show> the riis|v>iition oi minors to if?4ilfOrit!r ?t fiffV iiirrd3ase> ni small qivuntiticN.

OIL* uA5;\VF4J.S.

daiig:er> arism froni the drilling of oil \st1N thri><ih wtt-kuWi ivcamf oi coal, and the Mininfj; Commissiom dtfroii a tho mmhig cocie which they bcliex'cd w<"nild remedy mriy of th? dTi0*i' which had come to the attcntitim of the IVfvavtmonl made at the Tnincs m- tUs hd hem orolcssh dHUod And. in mny <:ases. aiiandaned withool paper ptvCAutiotiv hoinjj: dod aij;i!>M breaking into them in the operation and cvtenvitMi of inininj pnnnvtu'* It also required maps to be made and filed with iho Mioxviif tbc iramber and location of weHi, and ihctr ban Xxw Wh (ySce during the year one httndred and ten oil and ita ys-W <. Svent>'-5even applications were also tiled for the pHvilcf of dH11ft\f{ oil or gas in the followii>g cottnties: Uelmont, Carroll. Tohmihiana. Urtr rison, Jefferson, Meigs, Monroe, Nohle, and Tttscarawa*.

We herewith publish a schedule, showitig what an oil map should exhibit in order to comply with the Uw.

68 Annual Report

t

State of Ohio, STATE MINING DEPARTMENT.

Schedule Prepared to Serve as a Guide for Surveyors and Mining Engineers Employed to Survey and Map Oil and Gas Wells which Penetrate th Coal Measures.

In the future all maps filed with this department must conform to the re- quirements of this schedule as near as possible, and in so far as it relates to the property for which the survey has been made.

SCHEDULE FOR GUIDE TO SURVEYORS AND MINING ENGINEERS IN SURVEYING AND MAPPING OIL AND GAS WELLS.

State

County in which located

Township

Section Or Sections In Which Said Wells Are Located

Name and P. O. Address of the Operating Company

Name and P. O. Address of the Property Owners on whose properly the wells are located

Name and P. O. Address of the Mining Engineer

Sworn Certificate of the Mining Engineer that it is a true and accurate map, and sworn to before a Notary or J. of P.

Location of each Oil or Gas Well

Number of each Oil or Gas Well numbered consecutively

Producing Wells marked

Abandoned Wells marked

Map must show surface on which wells are located for a distance of 500 feet contiguous thereto

Location of all buildings (if any)

Location of mine opening (if any)

Location of railroads (if any)

Location of county roads (if. any)

Location of creeks (if any)

Location of village (if located near one)

Location of corner stone

Center of section shown

Scale on which map has been made

Date of survey

North Point

EACH WELL MUST BE PLAINLY DESIGNATED BY A NUMBHR AND NUMBERED CONSECUTIVELY.

Inspector Of Mines. 69

Legislation.

The new Mining Code which was submitted by the Mining Com- mission, composed of three miners, three operators and a seventh mem- ber chosen by the six other members, to the General Assembly in January, 1910, passed both branches of the Legislature without a dis- senting vote, and by virtue of its provisions went into effect June 11,

The vast amount of work entailed in an undertaking of this kind can scarcely be appreciated by the individual, but when we take into con- sideration the fact that no great changes had been made in the old law since its first enactment in 1874, and that up until the year 1908 no men- tion of the term "electricity" was to be found in it, the urgent need for such a revision was plain to all interested in the industry.

This work consumed portions of two years time, and cost the state approximately $16,000.00, but the unanimous conclusions reached by the Commission, approved and passed by the State Legislature, and the last- ing benefits hoped to be derived from this new law, will more than compensate the appropriations made for it. We believe the members of this Commission are to be congratulated for the work done, and the personal sacrifice made both in the amount of time spent during its deliberations and hearings, as well as the sacrifices made in a financial way, as many of the provisions of this law called for improvements and changes, which could only be made at additional cost to the production of coal by persons engaged in the mining of this product.

This new law is now being put into operation, and, in so far as we are able to judge at this time, is being found practicable, and when all its provisions are known, and its requirements fulfilled, its success will undoubtedly be greater and it will be more appreciated as time goes on.

The most essential features of this new law are those providing in- creased ventilation, both for persons employed and for the number of ani- mals in use ; fire proof stables in shaft mines ; the number of escapement- ways, protection from electric wires and electricity as applied and in use in the operation of mines. Penalties have also been provided for all persons employed in and around the mines who violate the law. These are only a few of the more essential features of this code. Fines have already been imposed, amounting to $600.00. The greatest number were for machine runners operating a mining machine without a shield, ten in all ; for per- sons employed in the mines burning oil mixed with carbon, seven; two for loitering about the premises of coal companies; four for entering a mine before being examined by a fire boss ; two for crossing a danger signal ; two for failure to provide suitable timber ; one for propping open

70 Annual Report

m

a mine door ; and one fire boss for failure to report the condition of old workings after examining them. Several oil companies and retail dealers were also convicted and fined for selling impure oil, and for not having barrels properly labeled. These are the most important, and no doubt the moral influence of these arrests and convictions will result in fewer offenses in the future.

Prosecutions For Violations Of The Mining Law

During The Year, 1910.

There were in all fifty-two (52) cases for violation of the Mining Laws during the year, forty-seven (47) of which were reported since the enactment of the new Mining Code which took effect June 11, 1910- Of this number forty-one (41) were instituted by members of the De- partment and eleven (11) by Coal Companies.

The greatest number of violations were for the operation of mining machines without being properly shielded, ten in all ; for the violation of the fire boss law, eight ; for selling impure oil, four ; for violation of the breakthrough law, three; for loitering around coal properties, two; for burning oil mixed with carbon, seven; for entering a mine intoxi- cated, three; selling oil not properly branded, two; selling oil below the standard, one; pulling casing of oil well, one; riding and jumping on mine cars, two, and propping mine door open, one. These constitute the most important prosecutions made (hiring the year, the offenders repre- senting twenty-nine (29) Miners, eighteen (18) Mine Officials, and Oil Companies, five (5).

Counties.

The greatest number of prosecutions were brought in Belmont County, twenty-seven in all; Jackson County, five; Jefferson County, eight ; Harrison County, two ; Tuscarawas County, two ; Guernsey, three ; Athens, Gallia, Lawrence and Noble, one each.

Inspectors.

L. D. Devore, Inspector of the Tenth District, is credited with the greatest number of convictions, thirteen in all. James Hennessy, of the Tenth District, eight; Lot Jenkins and Thomas Morrison, four each; John Burke and Geo. Harrison (Chief Inspector of Mines), three, each; Abel Ellwood and Alex Smith, two each ; John L. McDonald and Edward Kennedy, one each.

Coal Companies.

The following Coal Companies, through their mine officials, were responsible for twelve prosecutions, as follows: Barton Coal Co., Bel- mont County, two, one for placing refuse in a breakthrough, and one for entering the mine intoxicated ; Morris Coal Co., Guernsey County,

Inspector Of Mines. 71

prosecuted two persons for crossing a danger signal in the Cleveland Mine ; The Roby Coal Co., Harrison County, prosecuted two persons for loitering around their coal property ; The Youghiogheny & Ohio Coal Co,, Belmont County, prosecuted five persons; for riding on a loaded car, two; for placing powder on an uninsulated car, one; jumping on a moving car, one ; for entering a mine intoxicated, one.

The most serious violations which were prosecuted during the year were those in connection with the examination of mines by fire bosses, and reporting false findings; for crossing danger signals made by fire bosses ; the employment of minors, propping a mine door open, and pulling the casing of an oil well. The operation of mining machines without being properly shielded was violated by ten machine operators, and resulted in their being held responsible for the penalty. This laW was enacted for the purpose of protecting life and limb and should be rigidly en- forced by any and all persons under whose notice these violations occur. The practice of jumping on moving mining cars was also enforced by one of the coal companies of the state, and should be by all other com-' panics where such practices exist, as it is accompanied with grave danger both to life and limb. On the whole the Department is highly gratified with the results of the enforcement of the new mining law, and its superiority over the old law in many ways has more than justified its promoters, and if thoroughly enforced cannot help but reduce the num- ber of fatalities in the state.

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76 Annual Report

Sale Of Test Weights.

The new law providing that owners, lessees or agents of mines pro- vide test weights at mines for the purpose of testing the accuracy of weigh scales, made it unnecessary for the District Inspectors to keep on hand any number of test weights, and a number of them were dis- posed of during the year to coal companies of which the following is a list.

The funds derived from the sale of these test weights were deposited with the Treasurer of State, and became a part of the General Revenue Fund.

T)ecember 29, 1910. Carroll Storm Coal Co., Cleveland, O $400

December 5, 1910. C. F. Smith, Massillon, 0 2 00

December 6, 1910. Peacock Mining Co., Mineral City, 0 4 25

December 17, 1910. Buckeye Fire Clay Co., Uhrichsville, 0 4 50

December 17, 1910. Powers & Co., Coshocton, 0 4 50

December 17, 1910. Massillon Elm Run Coal Co., Massillon, 0 4 00

December 19. 1910. David Davis, Conesville, 0 6 50

December 20, 1910. Jno. D. Jones, Hametown, 0 2 00

Total Sales $31 75

Note: — The sale of test weights for the year 191 1, will appear in ithe report for that year.

IXSPECrOR OF MINES. 7'

The Prevektion Of Mine Accidents.

Whik the safety of life and limb was ever held abo\*e any and all considcratioas in drafting the new mining code, both by the miners and operators of the Commission, it is evident that much remains yet to be aocxmplished before we readi that ever soqj ht-for-result, — where ac- cidents are reduced to a minimum, liile the new mining code has only been effective about six months, and it may be a little premature to pass judgment on its possible effect in lessening the number of accidents, we can not but be impresseil when we scan the list of fatalities for the year that has just passed, with the fact, however, wc may be U>ath to. acknowledge it, that there is something lacking that no legislation can antl will reach, and while there are various theories adviKatcd as to how l>cst to attain this result, the one paramount fact which is daily being for- cibly brought to our attention, is the one that the MINER, HIMSELF must be the one to solve, to a great degree, this most serious and oft- perplexing question. Ninety-seven (97) falls of roof caused the un- timely death of this number of victims, the greater portion of which could have been avoided had the proper precautions been taken; tiftccn (15) lives were snuffed out during the year at one mine by the carelessness of a driver in leaving a door open, producing a short circuit of air, causing an accumulation of firedamp and an explosion. Had this ex- plosion occurred in the day time instead of the night time, many more persons would have been added to the death list. Our new mining code has made provision for increased ventilation, and safe-guards for mines generating fire damp, besides many other provisions for safety, but if we have not the co-operation of the work-man, himself, in securing the safety of work under-ground, legislation will be of no avail, and there can be but one result, — the continued increase in the number of fatali- ties.

In connection with this matter, we do not wish to in any way excuse, or hold lightly, the responsibility resting upon mine managements, and the laxity in not surroundnig employes with every known safe-guard, and in- maintaining strict discipline such as is in effect in all foreign countries ; the prosecutions and fines assessed during the six months of the operation of the new law is ample proof of the fact that there has l)een negligence- upon both the part of the miner and the mine management, but with co-operation of both these factors which enter so vitally into the pro- duction of coal, we can, and will, reduce this uncalled for loss of life..

Coal Production

Inspector Of Mines. 81

Coal Trade In The State Of Ohio For The Year

The coal trade in the state for the year 1910, was indeed gratifying to all persons connected with the Coal Industry. As reports from coal districts from all over the country are becoming available this unpre- cedented production and prosperity in connection with the Coal Trade seems to have been general, and to have been participated in by the various activities which enter into the Industry in general.

The trade increased in tonnage in this state 24%, as well as in time worked and in wages paid to the miners.

Those interested in the Coal Industry seem to have fared better than those engaged in other industrial pursuits as financial affairs were in more or less unsettled conditions throughout the year. However, coal, as a commodity, is indispensable, and enters largely into all our large industrial activities, and it continues its increase in production regardless of the outcome of business in general.

Districts.

The Hocking Valley and Eastern Ohio Districts both report large increases in their production. The Tuscarawas District was idle almost the entire year owing to the failure of securing an amicable settlement between the miners and operators brought about by the new wage-scale agreement entered into by the miners and operators at the expiration of their two year agreement April i, 1910, and matters were still in an unsettled condition at the close of the year. The Crooksville District was also idle from April ist. to November 8th., from the same cause.

Labor.

There was no evident shortage of labor during the year, and the time worked by the miners was about two-thirds. The cessation of work in the districts affected by the new wage-scale agreement caused miners to migrate to other coal districts, and, in some instances, to other states. In the Tuscarawas District, where there was a complete cessation of work, April ist., which was still unsettled at the close of the year; about 2,500 men were affected, and in the Crooksville District about 2,000 men were effected for about seven months.

Aside from these two districts where there was difficulty in settling the working conditions there were no strikes of any importance. The miners on account of the large consumption of coal enjoyed a year of unusual prosperity, as well as substantial increase in wages.

a I. of M.

82 Anniwl Report

Prices.

The year 1910, notwithstanding the large volume of business trans- acted, and the large increase in tonnage, was not as prosperous a one. especially in large increased profits to those engaged in the industry. Strikes and cessations of work necessarily increase the cost of production, and the increase in wages paid to the miners also added to this cost, and producers seem disposed to accept contracts based on prices which were inaugurated when lower cost of operating expenses prevailed.

Lake Trade.

The Lake Trade for the year was the largest ever recorded, and is estimated at over 22,500,000 tons, of which about 4,000,000 tons are shipped from the Ohio Mines.

The general outlook for the year 191 1 is fairly good, especially if some satisfactory adjustment of railroad rates can be made in con- nection with the large shipments which are annually made to the lakes.

INSPECTOR or MINKS. 83

Cual Towage Thk State Of Ohio For The Year

Iqio.

Tl.c Coal Industn* oi Ohio tor the vear thai has just closet! was one of unusual activity ; ini!eecl it will be reanieil as the l>anner vear in point of production : never has it l)een sur|>assed. The increased activity will also result in increase! earnings in wages to the miners.

PRODlt TliN.

From reports received from the various mining tlistricts the stale,

shew the production to have been 34424,951 tons, an increase of 6,()(H,9ig tons over 1909. Only one other year in any marked tlegree approacheil

the tonnage for the year 1910, which was the year 1907, when the ton- nage amounted to 32,365,949 tons, the year 1910 represetuing an in- crease of 2,059.002 tons over that production.

PICK AM) MA( MINK TNNAt;K.

Of the amonnl of coal i)ro(luced during the year, 4,341.483 tons, or 12.6% of the entire production of the state, were prtxhiced by the use of pick. The number of tons mined by the use of luachincry being 30.083,468 ton.s, or 87.4 of the entire amount.

The pick tonnage decreased 2(16,9 19 tons and the amount pro luced by the use of machinery increased 6.936,838 tons.

COUNTIES SHOWINr, TMK I.ARC.KST PRODUCTIONS.

Belmont County reported a tonnage of 8,336428 tons, a gain of 2,343,010 tons; Athens County mines 5,943,638 tons, a gain of 1,589,564 tons: Jefferson County mined 5,111,563 tons, a gain of 1,055,415 tons; Guernsey County reported 4,473,022 tons, a gain of t. 364,336 tons.

Gains And Losses.

The gains amounted to 7,696,074 tons; the losses to 1,0*6,155 tons. Tlie greatest loss was reported from Tuscarawas County (702,118 tons). due to a protracted cessation of work in that locality.

Time Worked.

With the exception of time lost in Districts where there was difficulty in making settlements based on the new wage-scale agreement, the mines of the state were operated about two-thirds time.

81 ANNUAL RliPORT

Districts.

The Mocking Valley and Eastern Ohio Districts contributed more largely to the increased tonnage than any others in the state. The I leak- ing Valley tonnage amounting to 9,789,740 tons, a gain of 2,322,522 tons ; the Eastern Ohio production was 14,047,732 tons, an increase of 3.422,- 004 tons. The protracted idleness in the Cnwksville District decreased the tonnage in that locality, where work was suspended from April 1st until November 8th, when work was resumed, pending an investigation and report of a reference committee in regard to 'differences arising be- tween the miners and operators over the wage-scale agreement as applied to this particular district.

The Tuscarawas District also experienced the same difficulty and the mines there were still closed at the end of the year, pending settlement of local differences. The loss in tonnage from this cause in Tuscarawas County amounted to 702,118 tons.

Picrsons Km Ployed.

The total number of men employed in the state during the year was reported to be 48,830, of which 7,214 were pick miners, 1440 inside day pick men and 953 outside pick day hands. In the machine mines 3,293 machine runners were employed; 25,176 drillers, loaders and shooters were employed, 6,960 inside day men and 3,794 outside day men. The number of men increased 1,811 men.

Inspector Of Mines.

So

Table Showing The Coal Production By Counties During

The Year 1910.

Name of County

Tonnage for 1910.

Xj

:C

zi

5'

o

Athens

Pelmont . . .

Carroll

Columbiana Coshocton .

Gallia

Gwemsey . . Harrison . . Hocking . . .

Holmes . . .

Jackson . . .

Jefferson ..

Lawrence

Mahoning .

Medina . . .

Meigs

Morgan . . .

Muskingum

Noble

Portage . . .

Scioto

Stark

Summit . . . Trumbull . . Tuscarawas Vinton . . . .

4.2()8.840

5 . 543 , 745

514.8,15

10. 06;

2.970.925

1.037.417

640,014

3.498.519

20,154

1,732.758

3,823

519.301 I

117,215 I

127.490 I

699.721 !

986.298 '

38.326 I

78,774 :

64,996 ;

2,035 !

512.7-27 I 51,145 I

170.821 '

2,815

94,2a3 !

506.046 : 22.114 ]

6,857 I

2.093 !

31.263 !

12.723 '

33,863 .

27.-36 !

272.2ti.3 :

11.218 I

1.06: I

54.:i30 I

15,419

101.472 I

12.502 I

14,474 I

975,071

1,806.385

48,029

146,786

103,547

1,825

1.106.998

15,357

.) . 3o i

138,091

52,472

191,fM)9

29,289

22.7()0

5,943,638

8,336.428

309,328

740,345

435,903

4.473,022

599,741

1,451.147

13,203

5.111,563

66,312

27,604

648,149

270,416

441,823

2.394.961

9,834

547 , 635

4,716

159,006

164,724

Total 23,661.770' 3,827.7>8 I 6,935.453 34.424.951

Increase of tonnage of the year 1910 over 1909 was 6.669.919 tons.

Annual Report

TABLE SHOWING TOTAL PRODUCTION OF PICK AND MACHINE MINED COAL BY COUNTIES DURING THE YEAR 1910.

Athens

Belmont . . .

Carroll

Columbiana Coshocton .

Gallia

Guernsey . . Harrison . . Hocking . . . Holmes . . . Jackson . . . Jefferson . . Lawrence . Mahoning .

Medina

Meigs

Morgan . . . Muskingum

Noble

Perry

Portage . . .

Scioto

Stark

Summit . . . Trumbull . . Tuscarawas

Vinton

Wayne . . . .

Totals

Counties.

O

U o

211,984

184,284 59,837

294,566

258,014 13,923 16,890 43,502

13,203

616,921

291,032

172,534

38,528

27,604

83,322

2,258

204,080 18,249

65T889

486,608

61,617

4,716

525 . ir>5 58,330

4/341.483

O U

5,731.654

8,152.144

249,491

445,779

7,889

4,456,132

556,239

1,250,342

4.820,531 17,931 27,784

"564 ".827

66,336

423,574

2,151,155

39,266

61,027 32,729

286,627

100,676

30,083.468

Pick mined coal for the year decreased 266,919 tons. Machine mined coal for the year increased 6,936,838 tons. Per cent, of machine mined coal 87.4. Per cent, of pick mined coal 12.6.

5,943,6;

8,336,428

309,328

740,345

4,473.022

599,741

1,451,147

13,203

5,111,56:}

66,312

27,604

648,149

441,823

2,394.961

105,155

547 . 6135

94,346

4,716

811J82

164,724

34,424,951

Inspector Of Mines.

TABLE SHOWING THE COAL TONNAGE OF THE STATE OF OHIO FOR THE YEAR 1910 AS COMPARED WITH THE YEAR 1909.

Counties.

Athens

Belmont . . .

Carroll

Columbiana Coshocton

Gallia

Guernsey . . Harrison Hocking . . , Holmes ...

Jackson

Jefferson . . Lawrence . Mahoning .

Medina-

Meigs

Morgan

Muskingum

Noble

Perry

Portage . . .

Scioto

Stark

Summit

Trumbull . Tuscarawas Vinton . . . . Washington Wayne

ToUls

4,354,074

5,993,418

398,085

714,325

390,302

9,920

3,108,686 576,162

1,036.743 15,844

823, o;u

4.056.148

214,685

63,974

12,465

543,595

187,241

416,217

379,055

2,076,407

102,624

8,916

458,392

78,268

5,405

1,513,900

128,928

1,232

86,987

27,755,032

5,943,638

8,336,428

309,328

740,345

435,903

13,923

4,473,022

599,741

1,451,147

13,203

933.23

5,111,563

66,312

27,604

648,149

270,416

441,823

2,394,961

105,155

9,834

547,635

94,346

4,716

811,782

159,006

164,724

34,424,951

Gain.

1,589,564 2,343,010

"**26;626

45,601

4,003

1,364,336

23,579

414,404

"'uo,m

1,055,415

2,338

15,139

104,554

62,768

16,078

30,078 77 ,'737

7,696,074

Loss.t

88,757

2,641

24,220

60,697 145,801

702,118

1,232

1,026,155

Total Tonnage for the Year 1910 34,424,951

Total Tonnage for the Year 1909 27,755,032

Showing Net Gain 6,669,919

Total Increase 7,696,074

Total Decrease 1 ,026, 155

Showing Net Gain of 6,669,919

Annual Report

TABLE SHOWING PRODUCTION OF PICK-MINED COAL BY COUNTIES AND PERCENTAGE OF LUMP COAL DURING THE YEAR 1910.

Name of County.

Athens

Belmont ... Carroll . . . . Columbiana Coshocton .

Gallia

Guernsey . . Harrison . . Hocking . . Holmes . . . Jackson . . . Jefferson . . Lawrence Mahoning .

Medina

Meigs

Morgan . . . Muskingum

Noble

Perry

Portage . . .

Scioto

Stark

Summit . . . Trumbull . . Tuscarawas

Vinton

Wayne

Total

E

148,149

120,851 43,336

224,690

10,063 12,813 28,319

142,263 7,610

394,435

193,270

122,505

23,213

20,154

57,112

49,546 I 7,317

37,888

3,823

3.33,294 42,764

104,037

2,945,082

Z

7,487

20,784

39,871 2,035 1,327

24,982 2,815

36,969

20,230

6,680

2,093

25,545 2,181

6,072

9,074

62,678 4,929

11,050

501,739

38,895

40,235

9,014

49,092

65,005

2,750

9,304

as. 560

147,206

60,793

29,799

8,635

21. '145

39,471

10,271

1,454

102,107

14,655

129,183

10,637

18,905

894,662

O

211,984

184,284 59,837

294,566

258,014 13,923 16,890 43,502

200,805 13,203

616,921

291,032

172,534

38,528

2,258

204,080 18,249

243,806

65,889

9,834

486,608

61,617

4,716

58,330

133,992

4,341,483

E

n

O

i i .o

*67.8

♦Average per cent, of lump coal in pick mines of the state.. 67.8

Per cent, pick mined coal 126

Loss in tonnage pick mined coal as compared with year 1909. 266,919 tons. Average tons lump coal mined by each pick miner for year

Average tons lump coal mined by each pick miner per day,

Average tons "run-of-mine" coal mined bv each pick miner

for year 1910 .' 602

Average tons "run-of-mine" coal mined bv each pick miner

per day in 1910 .' 3.6

Inspector Of Mines.

TABLE SHOWING TONS OF LUMP COAL MINED IN 1910, THE NUM- BER OF PICK MINERS, AVERAGE DAYS WORKED, AND AVER- AGE TONS PRODUCED BY EACH MAN PER DAY AlsfD PER YEAR.

Name of County.

Co

t-i

O W

O

O

o a.

go.

c

2 05

o o

C u

So-

o c a;

Athens

Belmont . . .

Carroll

Columbiana Coshocton

Gallia

Guernsey . . Harrison . . Hocking . . . Holmes . . . Jackson . . . Jefferson . . Lawrence Mahoning .

Medina

Meigs

Morgan . . . Muskingum

Noble

Perry

Portage . . .

Scioto

Surk

Summit . . .

Trumbull

Tuscarawas

Vinton

Wayne

Total

1 , 128

1,144

7,214

♦168

148,149

120,851 43,336

224,690

153,138 10,063 28,319

7,610

394,435

193,270

122,505

23,213

20,154

57,112

1,654

138,739 14,158

176,684

49,546

7,317

333,257

37,888

3,823

333,294 42,764

104,037

2,945,082

*408

♦2.4

♦ Note : —

Average days worked by pick miners 168

Average number tons lump coal mined by each man for year

was 408

Average number tons lump coal mined by each man per day.. . 2.4

9:)

Annual Report

TABLE SHOWING PRODUCTION OF MACHINE-MINED COAL BV COUNTIES, AND PERCENTAGE OF LUMP COAL DURING THE. YEAR 1010.

Name of County.

Athens . . . . Belmont . . .

Carroll

Columbiana Coshocton .

Gallia

Guernsey . . Harrison . . Hocking Holmes . . . Jackson . . . Jefferson . . Lawrence Mahoning . Medina . . .

Meigs

Morgan . . . Muskingum

Noble

Perry

Portage . . .

Scioto

Stark

Summit . . .

Trumbull

Tuscarawas

Vinton

Wayne . . . .

B

:2;

4,120,697

5.422,894

179,637

290,145

114,222

2,958,112 354,247

245,579

3,305,249

13,035

20,885

421,688 84 , a57 45,:W2

305,257

1.556.074

26 , f )38

54,392

186,007 74,451

Total : 20,716,688

674,781

963,100

57,990

25,125

511,400

45,266

145,839

19,003

469,077

1,884

12,625

8,318

244,612

3,086 6,345

7,573 3,424

3.325,989

936,176

1,766,150

39,015

38,542

156,726 209,349

1,046.205

6,722

12,676 93,130

350,469 7,182

3,549 7,806

61,826

18,652

6.040,791

O

H

5,731,654

8,152,144

249,491

177,889

4,456,132

1,250.342

316,317

4,820.531

2,151,155

39,266

61,027 32,729

286,627

100,676

30,083,468

id

E

D Ix,

I t .0

89. t

♦ No machine coal.

t Average per cent, lump coal in machine mines of state.

Per cent, machine-mined coal, 87.4%.

Gain in tonnage machine-mined coal as compared with 1909, 6,936,838 tons

Inspector Of Mixes.

91J

TABLE SHOWLVG THE NUMBER OF RUNNERS AND LOADERS EM> PLOYED DURING 1910; AVERAGE DAYS WORKED BY EACH; TOTAL TONS LUMP COAL PRODUCED BY EACH AND AVERAGE TONS CUT AND LOADED BY EACH, PER YEAR AND PER DAY.

.

Jc C

Xi

i:

Jz

o

o

p

O V

U V

o

Cq

cs

rt

ca

u

rtTJ

1 rt ij

S

r-

W rt

.

W S5

W

u

'T.

U3

Name of County.

Drillers, Shoo rs Employed.

Machine Runt g Helpers Emr

Days Worked r, Shooter and

Days Worked ne Runner.

Tons Lump C( in Machine Mi

Ji re

Tons Loaded r, Shooter and )ay.

Tons Cut b ne Runner for

' Tons Cut by E Runner Per D

2f

rt

J3 S

.

fc-

H

1 Cq C

E c

. E

fc. u

fc- rt

5:S

u

z

,

z

Athens

1 5,152

4,120,697

781 ,

' 5,422,894

3.8 16.944

Carroll

3lM)

, 54

179,637

: 3.5

3,327

22.3:

Cnh'mhiani .

290.145 1

Coshocton

loO

114,222 ;

Gallia

Grenisev . . .

3,279

' 233*

'2*958,* 1*12 1

3.8 I8,3a3

35.8'

Harrison . . .

aj4,247

1,070

Hocking

' 1.2:M '

895 , 154

3.7 :

6,730 '

Holmes

Jackson

3:U

245.579 '

735 ;

4,093

Jefferson

477 '

' 225

3,305.249

946 '

6,929

Lawrence . . .

8.J

Mahoning . . .

8,481

Medina

1 ;

Meigs

421,683

*3,8

4.627 '

Morgan

84,657

Muskingum .

32 !

45,342

Noble

! 331

305,257

1,064

Pern-

1,556,074 1

Portage

1,497

Scioto

Stark

1 Bo

'165

54,392 1

640 '

2,092

Summit

1 as

18.578 !

563 '

3,096

Trumbull

t

Trscarawas .

161 '

3P6 '

i,i55*

Vinton

1 122

2.6 !

4,653

Wajme

23,453

733 '

2,932

Total ...

t209

♦201

20,716.688

Note.

Average tons lump coal cut by each runner for year 6.291

Average tons lump coal cut by each machine runner for each

d ay 31.3

Average tons lump coal loaded by each loader for year 823

Average tons lump coal loaded by each loader for each day. . 3.

.Average days worked by machine runners 201

t.Average days worked by drillers, loaders and shooters 20

"92

Annual Report

TABLE SHOWING THE COAL OUTPUT SINCE 1872 IN PICK AND MA- CHINE MINES, AND THE TOTAL TONNAGE FOR EACH YEAR.

Year.

O c CJ--

So rt o

o H

O

O

c

(A

ot-i

C rt

en

3 00

O

J 877 11)08

5,315

4,550

4,864

3,500

5,250

5,500

6,000

7,000

9,450

7 , 6.V)

7,816

10,301

10,007

10,640

11,396

12,360

12,275

9,354

10,563

8,805

9,831

6,511

4,341

UOO OUO 0(10 5o t

1,148,499

1,654,081

2.239,080

2,553,074

2.555,466

3,120,456

4,106.124

5.252,598

6.741.060

9,457.777

10.480.814

13,439.648

14,560.931

16.546.455

19.009,532

20,713.232

25,854,176

21,610.931

23,146.630

30,083.-168

5.315.294

4,550,028

3.267,585

4.864,259

3, 500. 0(H)

5,250,000

5.500,000

6.<M)0.000

7,000.000

8.225.000

9,450,000

8.229.429

7.650.062

7,816.179

8.435.211

10.301,708

10,910,946

10.907,;5

11,788,59

13,050,187

14,599,908

14,828,097

11,910,219

13,683,879

12.912,608

12,448,822

14,058,155

15,908,934

19, -126, 649 I

20,321.200 ;

24,573.266

24,53.815 I

25,834,657

27.213,495

32,365.949

26,287.800

27,755.0.32

34.424,951

1,596,674

ijsoiooo

250,000 i 500,000 i

1,000.000 ;

1,225.000 I 1.225,000 i

166,117

619,032

1,866,479

613,338

881,474 1,261,328 1.549.721

228,189

1*773 ',660'

1.609.333 1.850.799 3.517.715

3.607,977

643,979

10, ,549

1,250,842

1.378,838

5,152,454

i!467!232 6.669.919

tr.

O

765,266 1,282,443

1,364259

1,220.57J 579 , 367

2,917.878

6,078.149

Inspector Of Mines,

9&

TABLE SHOWING ANNUAL PRODUCTION OF PICK AND MACHINE- MIXED COAL. AND THE GAIN AND LOSS SINCE THE YEAR OR THE- INTRODUCTION OF MINING MACHINERY.

Year.

, I

i

It-

H H

TC t-

rt

en ft.

Si-

c

1U,107,385

10.640.360

11,396.106

12.:G0.828

12. -275, 023

9,354,753

10,563,423

9,544,259

8,342,698

8.805.557

9,167,874

9,966,872

9.a31,476

10,489.619

10,012,335

8.037.360

6,825,125

6,500,263

6,511.773

4.676,869

4.608,402

4.341,463

1 632.975 I 755,746 964,722 I

1,208,670

462,859 362,317

798,998

85,805 2.920,270

i;6i9*,i64'

1,201.561

658,143

135,396

11,510

1 477,284 1,974,975 1,212,235 324,862

1,834,904

68,467

900,000

1,148,499

1,654.081

2.239,080

2.553,074

2.555,466

3.120,456

3,368,349

4,106,124

5,252,598

6,741,060

9,457,777

10,489,814

13,439.648

14,560,931

16.546,455

19,009.532

20,713,232

25,854.176

21,610.931

23,146,630

30,083,468

248,499

505,632

2,392

564,990

247,893

1,146.474

1.488,462

2,716,717

1,032,037

2,949,834

1,121,283

1,985,524

2.463.077

1,703.700

5.140,944

i!535!699 6.936,838

4,243,245

*4)i

Annual Reiurt

TABLE SHOWING THE NUMBER OF COMPANIES WHO REPORTED AS HANDLING POWDER, AND THE NUMBER NOT REPORTED; IN PICK AND MACHINE MINES IN THE COUNTIES OF THE STATE FOR THE YEAR 1910.

o

Name of Countv

o

O. u

t—.

—

to

u

9J

Be

1

o

Ou

4-

Athens . . . . Belmont . . .

Carroll

Columbiana Coshocton .

Gallia

Guernsey .. Harrison . . Hocking . . . Holmes . . . Jackson . . . Jefferson . . Lawrence . Mahoning .

Medina

Meigs

Morgan . . . Muskingum

Noble

Perry

Portage . - .

"Scioto

Stark

Summit . . . Trumbull .. Tuscarawas Vinton . . . . Wayne . . . .

Total

cj C

o

O .S §0-0.

3,344

1,470

2,48.5

6,338

5,930

d9

3,242

25,259

4,863

1,189

1,096

8,120

4,560

3,860

2,927

2,882

290 1 110,532

o

Vl-l -V

u

u rs

'=c2s

35,432

29,373

2,562

1,817

33,151 2,160 9,672

12,019

4,166

2,610

18,822

1,524

162,874

V)

be

w 4,

C

H

t:

a

38,776

30,843

3,435

8,900

7,747

33,210

2,340

12,914

29,375

12,657

5,108

1,269

5,262

8,532

23,382

4,400

16,026

3,685

11,043

3,350

5,961

273,406

("'

ported.

N. T*. — This table does not show all the powder used in the production of v.y n.iners buy powder independent of the companitfi, and it is not re-

Inspector Of Mixes,

TABLE SHO\7NG THE NUMBER OF MACHINE RUXXERS, DRILLERS. SHOOTERS AND LOADERS; INSIDE AND OUTSIDE DAY HANDS AND NUMBER OF KEGS OF POWDER USED AND TOTAL TON- NAGE OF MACHINE MINES OF THE YEAR IPIO.

Nunc of County. , t

u

m u

a

k 1

a. E

A

ii!

IE t s

"". If

ae= at c

-\thins

BeJmont Carroll . . . Coliusbiana

Gallia

Gurmaey Karrisc-n Hacking . . . Holmrs ...

Ifctferson . Lawrence

lialioninc Medina

f8

Shi

1.3S5 1,478

1<3

liO

<4t

S7

1.61T ;

, 731 , Cm

S,1.V2.144

2,9,41

44i.77

177.8e

9r,.4

97. S

40. S

£30

2M

m

Morgan MBMcingum

Noble

Perry

Portage . . .

Scioto

Stark

Summit . . . Trumbull Tuscarawas Vinton — Waye . . .

70 '

133 ;

Ssi

1.1?2

sns

£33

5,119

33.i:i 9,672

4.:6,132

;,',239

1.250,342

99.f.

23S Iss

rxi 331

477 ! 3.494

II I So

S62

Ss7

]8f,

93!i

5..v:i 1

131 '

oi ;

4,*'20.531

27.7S4

Ss.9

' 94. :;

; 9.4

5i;

j 3.396

4,166 ,

412 ' 2.S10 ! S40

lf3

124,296

66,336

9t

2,151,155

Ts

o

lis

61,027

91%

in I

286,627

lrtO.676

; 35.3 ; €3.3

Total 3.283 25.176 ' 6,960 I 3.794 , 39.228 162.874 , 30,0i?3.468 87. 4

Iii! : .

19B

170 ; 233 143 ' 143

Average days worked for the year.

NOTE — tPer cenu of machine-mined coal ftir the Stale.

m

Report

TABLE SHOWINTG COMPARISON I-OK YEARS 1909 AND 1910 PERTAIN- ING TO THE N'UMBER OF MINING MACHINES IN OPERATION; AVERAGE NUMBER TONS OF "RUN-OF-MINE" CUT BY EACH RUNNER FOR THE YEAR AND FOR EACH DAY; ALSO NUMBER OF TONS CUT BY EACH MACHINE FOR EACH YEAR AND FOR EACH DAY.

Name of County.

1."

1 1 i s

Si-

H

Si.,

B.iei

15:2 30! 8

12I1M

!7,82l 27.WI

sioe*

mil

Sr'-'"

16 22

S?!

lo.isi

7;mo

53. S 3S.S

22.S6I

i7.'je2

llf.T

"V

iImi

22 !t

6,938

2!6e2

' '

27 .B

5:S

2,181

Si

u:s74

27 Jm

i5.w;

it), 480

32!i83

eo.;

11 1 Ii

S-'tZE

BrEEE:!

8.B7I) 1 13... . ai.I

2. si;

S:i

aa.3

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m

i;S

lliw

:4

n'.a

Tolal

l.SK

1.473 ( m

8.1S8

(2,8

ia,6M

R,ini-Mme" 'c Run-of-Mme" c

ch Ru""n"

itr."

Run-orMinf" c Hun-ot-Minc" c

:s?s

h Machine

for year 1010

for year 1900

1 by ta

rid with m*..

1.8Si

Inspector Of Mines.

1$

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Annual Repokt

SEq

Inspector Of Mines.

oa

00 A

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tf}

C P

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a. su

u

CiO u

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Co

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o. o. o o

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100 Annual Report

TABLE SHOWING TOTAL TONS RUN-OF-MINE COAL PRODUCED; AVERAGE TONS PRODUCED IN BOTH PICK AND MACHINE MINES FOR EACH MINER. RUNNER AND LOADER FOR THE YEAR 1910. FOR YEAR AND DAY.

-

sss sso; ss

Eg;; Ig

Belmont . Carrol! .. Columbiana . Coshocton Gallia Guernsey Harrison . Hocking . . Holmes . . Jackson .. Jefferson Lawrence . Mahoning Medina .

Muskingur Noble .. Perry ... Portage . Scioto .. Stark ... Summit . Trumbul] .

Vinton Wayne

Total .

2i)1.032 W,o2e

5,731,664

8,152,141

24iM91

44u,779

"4i456,'i32'

556,239

1,260.342

""m'.m

4,820,531 17,931

4,7Lc

525.155

58.3.10 I

133,992 1

06,336

2,151,155

6i,027

.,,

5,!i

45 ?

30 S

3,K

4,043

1,186

2,0

12,552,

5;i9

9

7,946

;wH

1,680

4 (1

9,401

.1(1 0

3,6

31,0

10,106

1,380

6.Ti

1,281

4,631

31

3,4

3,8

2,073

I 10.861 I 2,181

Inspector Of Minks.

I disin<3 pa apiftrx

sixnx *ox 99VJ3AV

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Inspector Of Mines, 105

TABLE SHOWING NUMBER OF PICK MINERS. INSIDE AND OUTSIDE DAY HANDS. TOTAL PICK TONNAGE, THE PER CENT. AS COMPARED WITH TOTAL OUTPUT OF EACH COUNTY. AND NUMBER OF DAYS MINERS WORKED IN EACH COUNTY IN 1910.

Note: —

t Average number days worked by each pick miner during year. 168 Per cent of pick-mined coal as compared with total output of

state 12.6

Annual Report

Table Showing The Total Number Of Men Employed In Pick

Mining During Year 1910.

Counties.

Athens

Belmont . . Carroll . . . Columbiana Coshocton

Gallia

Guernsey . Harrison .. Hocking . . Holmes . . . Jackson . . . Jefferson . Lawrence . Mahoning . Medina . . .

Meigs

Morgan . . . Muskingum

Noble

Perry

Portage

Scioto

Stark

Summit . . . Trumbull . Tuscarawas

Vinton

Wayne

Total

w

tf>

u

o

u

£

Q

u

u

o

—i

.o

6*2

B

3

p

otal Em

otal Ins

H

H

Q

.a en

H

E

Inspector Of Mines.

1(C

TAF.LE SHOWING THE TOTAL NUMBER MEN EMPLOYED IN MACHINE MINING DURING THE YEAR 1910.

Counties.

zi

5?: c

rt

O

o

Jc

Cr

5 rt

tf!

a.

E ft'

E

x

Athens

Belmont

Carroll

15Q

10;i

Columbiana

Coshocton

Gallia

Guernsey

1,234

**i;i82"

Harrison

Hocking

Holmes

Jackson

3,494

Jefferson

5,521

Lawrence

Mahonins

M edina

MeiKS

Morgan

Muskinsrum

Noble

Portage

89'

Scioto

Stark

85

ii"

Summit

Tnimbull

Tuscarawas

' i6i

V'inton

Wavne

Total

3,293

25,176

6,Jh)0

39,223.

108 ANNUAL RKrORT

TABLE SHOWING THE TOTAL NUMBER OF PICK MINERS AND SHOOTERS AND LOADERS; RUNNERS; INSIDE AND OUTSIDE DAY HANDS AND THE TOTAL NUMBER OF PERSONS EM- PLOYED AROUND THE MINES; ALSO THE TONS PRODUCED FOR EACH PERSON EMPLOYED IN 1910.

'erage.

E : — Average number Ions prodl'ced bv eaoli person engaged in priviui

il was 705.

INSPECTOR OF MINES. Ulft

TABUS SHOWING THE NUMBER OF PERSONS ENGACiED IN THE PIKJtKffl loN OF COAL IN THE SEVEBXL COUNTIES DURING THE YEAR lOlo. AS COM PARED WITH THE YEAR 1000 AND GAINS AND LOSSES IN KA<ft CtlUNTV

Name of Comxtj.

Shoo , 1000.

Shoo

gl

1- Js

Ss

s

s

s-

sf

k

b m

z

w

f

n"*

S

s

s

I

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Or

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£

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£

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5 5 S S : £

Electrjc Mining Machinery

JBPFRBy BI/BCTRIC MINE LOCOMOTIVBS

. IS3S— M. Jeffrey low vein gathering lacoDiDtlve. 1'he moior driven or mccnanica mounted on the forward end of the locomaiivt and don not extend above III locomolive <:ovFi-i. JEFFREY ELECIKIC LOCOMOTIVES are designed and buill U wilhand I

All finished parti are rigidiv inapected and leited before and after aKmbUng: ever

fecled and dependable Loeomo live in prcKnl day use.

Cut -IH'2-M Jeffrey mining machine for continuous and long wall cutting.

Th; Jeffrey 24-A Electric Coal Cutter was developed after a ca gation of the various systems of longwall mining in the coal producing c throughout the world. The design embodies a number of very desirable features not found on any other type of coal cutting machines, such as noiseless running, compactness, power turned cutter arm and the absence of a complicated train of gearing to the cutting chain drive.

This type of Coal Cutler is suitable for the most severe conditions where the disc type is now tised, and on account of the use of a chain with a narrow cutter arm, there is no tendency for the coal 10 squeeze down, such as ofleti occurs with the use of the disc machine.

The overall dimensions are 8 feet 8 inches by 31 inches by 17 inches high, which are exceptionally small for a heavy duly machine, allow the use of one type of motor for all conditions, entirely eliminating the necessity for the large, bulky machines which have heretofore been required for the exeeptio:iallv hard places.

even when cutting

Tot ..compressed air power the machine is similar in design except that a three- cylinder double acting engine is substituted in place of the electric motor.

Coal Cutter Bulletin No. 18, illustrating various types of Jeffrey Machines may be secured by addressing The Jeffrey Manufacturing Company, Columbus.

Jeffrby Gravity R£Tdrn Car Dump.

In coal mining operations the Crou Uver and Kick nack Dumpi have been unLcrallr- In many opcntions nolfairiK can Ik olTctcd which will do (he work an/ although (here ate nuay local ion t in which lhi> gravity dump especially applici

wbEcl controlled by lever, with atcel homs luitibly counter balanced by heavy weigiiled eitciuitin. The car in dumping passes over the curred end of thi> hinged track, and meani of Ihe borna ii lovrered automatically into its dumping position.

The main feature in Ihi* dump is the hin track interlocking with the main, approach

drawing"'" A"'. The hinged track is supported in a Fteel frame 'hung by means"of 'wire"rape

"h""uinp'is manuiac'tu'ed'ciclurivelv by The l"llrev*Manufa"uring Company, Columbus, <niia. who will gladly furni:.h full particulars upon request.

Jeffrey Griffith Cross-Over Dump.

THIS IS THt O.M-1

The Jertrey Manufacturing Company, tohimbuj. <thio. e Coal Mine and Tipple Equipmenlt. including: Coal Wat .king screens. Crushers, Fulverizers, ficking Tables. ( ntorr. C.niryors. Mine Fans. Coal Urillt. Mining Mac

Teffhey Ei.Ectric Coai, Cutters.

are of the very lalest and most improved types designed, represents the highest standard of ef tion of Coal Mining Machines.

wWtin the mine is increased.

The bearings are of Ihe ball and socket, pivotal, chain oiling type, which secures [terfrct lubrication and alignment of the shaft in case of any nnequal settling of the fan foundation.

All Stevens fans are designed to be used as reversible fans. However, by omitting the side housing and reversing doors, they can be used as straight blowing or exhaust fans.

The above cut shows a TJ ft. Stevens fan. completely housed for reversing the air. The fan rests on a plain, rectangular foundation and as it is constructed entirely ot steel and iron, completely erected in the shop, the cost of installation very amalt, not over $GO.fiO for fan and engine foundation complete.

The Stevens Fan is furnished in sizes to meet special conditions and re-

, and may he used either as medium or high speed machines, as de-

For large quantities of air, or for overcoming unusual resistances at a

iitsm speed the Stevens Fan 1<) ft. in diameter or over is recommended. The ft.

shown in Ihe above cut has an actual mine test of 1.54,440 cubic feet of air

j.4|er minute, at a 3 inch water gauge, at 'i'l RPM. This is less than half the

Ipl 1111111111 speed at which the fan is designed to operate co? tinuously.

The Stevens Fans may be operated by any kind of power either directly connected to the fan shaft or pulley driven by means of belt or rope. With izes less than 10 ft. in diameter direct connection is not recommended,

Catalc and complete information will be furnished on request by the Stevens Mine Fan Company, Chicago, Illinois.

Ivii)

if I

CHE NiV,/ YORK

rUoUC LIBRARY

ATO, Lf HOX AND TILOEN FOUNOAT'ONS,

MORGAX-GARDXER Steel Frame Locomotive. This cut siiows ilie t Gathering Crab can be furnished with this locomotive if tlcfireH,

MORGAN-GARDNER Low-Vein Type Short Wail Machine off truck. This Machin; can be equipped with Self-PropelUng Steel Truck if so desired. This Machine is especially adapted to work in mines where the props are set clo.se to the face of the coal.

THE iVCv/ YORK

f'tii3UCLI3nAr;Y

ASTOR, LrNOX AND riLDEH FOONOAi'C.S.

STANDARD TYPE GOODMAN' CHAIN BREAST MINING MACHINE with Flame Proof Electrical Parts and with Chain Guards.

Shortwau. Type Goodman Electric Chain Machine.

in CultinR Posilion. Showing Cutter arm. Feed Cable and Completely In;losecl( Electrical Parts.

Type 9600 Goodman Gathering Locomotive.

with "Unbreakable" Frame Construction — a Cast Center as a Housing foi Working Parts; Plate Steel Sides; Cast Steel Ends,

UNIVERSAL" GOODMAN GATHERING LOCOMOTIVE, with Electric Conductor Cable Reel and an Auxiliary Steel Wire Haulage Rope }Ti a Power Operated Drum in the Motorman's Cab.

SINGLE-MOTOR GOODMAN HAULAGE LOCOMOTIVE, Having One Large Motor, Geared Directly to Both Axles, and therefore giving Greatest Possible Pulling Power per Ton of Weight, because No Wheel Can Slip until they All Slip.

SI N'GLE-MOTOR LOCOMOTIVE DISMANTLED. I the Working Parts are Made Perfectly Accessible by Lifting off the Top igiict or Motor Shell. No Work to be Done Underneath the Locomotive, so Pit is Required in the Shop.

GOODMAN RACK KAIL SYSTEM OF HAULAGE, for Hilly Mines. Plain Rack Rail or Combination Rack-aiKl-Traclion System. Locomotives Built on the Unit System, for Operating Singly ai above, or in Multiple Units.

A RACK-RAIL LOCOMOTIVE OF 200 H. P. Made Up Two 100-H. P. Units, with Cab and Controlling Devices between. Rack Rail Equipment is Made to Suit the Requirements of Each Individual

Table Of Mining Machinery

8 I of M.

Of 5Y

linCH THEY ARE

';rg-i =."v

i'mi'ir-

.' mT:i:*:-:k

if*

jj

n :zcTTi4.

,

zszirT:yr Vrr::r

4?

r-

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r

f

!H.

?4

ifi

:i

dkr

3*-

TSm 4W 1K

-:

C2i -TTSh-TITTtrf IC 2il dCIZlSa 3L Hie 3L Ifl'f .

irtiT'TTat Tr* rsiTT

Annual Report

TABLE SHOWING THE NUMBER AND MAKE OF HAULAGE MOTORS IN USE IN THE VARIOUS COUNTIES OF THE STATE IN 1910

Athens

Belmont . . .

Carroll

Columbiana Coshocton , Guernsey . . Harrison . . Hocking . . . Jackson . . . Jefferson .. 11 wren ce Mahoning .

Meigs

Morgan . . . Muskingum

Noble

Portage . . .

Stark

Summit . . . Tuscarawas Vinton . . . . Wavne . . . .

Counties.

()

I

o

U)

u

H

"2

i:l

in

E

o

Ui

(T.

(xj

j;

Pq

rt

Sc

u

J£

r.

w

1 23

:?l

1 1

i

1 '

1

! u

1

2 '

1

' 1

2 '

Total

1 153 1 151

"Mi

1!

T

It;

Note : —

Total number motors in use in 1910 451

Total number motors in use in 1909,

40r,

Gain over 1909

Mines And Mode Of Ven- Tilation.

Inspector Of Mines.

TABLE SHOWING NUMBER OF MINES OPENED, SUSPENDED AND ABANDONED DURING THE YEAR 1910. AS REPORTED BY THE DISTRICT MINE INSPECTORS.

Counties.

Athens

Belmont . . . Carroll ... Columbiana Coshocton .

Gallia

Guernsey . . Hocking . . . Jackson . . . Jefferson . . Lawrence .. Medina . . .

Meigs

Muskingum

Noble

Ottawa

Perry

Scioto

Stark

Tuscarawas

Vinton

Wayne

Total

Annual Report

Detailed List Of Mines Opened Up, Suspended And

Abandoned During The Year 1910.

New Mines.

C & H. C. & I. New York No. 3-5. New York No. 36. Poston & Fluhart.

Athens Countv

Susoended.

: Sunday Creek No. 210.

! Sunday Creek No. 27 o.

Sunday Creek No. 311.

Abandoned.

I Sedalia No. 14. i Sunday Creek No.* 212. I Sunday Creek No. 2o2. i Sunday Creek No. 312.

Belmont Countv

Boggs ( re-opcncd ) .

Fairpoint.

Pasco.

Purseglove.

Victor (rc-opened).

Cochran.

M. T. Garrett.

Big Four Slope. Dorothy No. 2. Hazel wood. Lcesville No. 1. Mahanoy & Massillon Nos. 1 and 2.

Carroll Countv

Dorothy No. 2 Horse Shoe. Soiners No. 2.

Dorothy No. 1. Magnolia Shaft.

Strabley No. 2. Vasey No. 2. West Pittsburg.

Columbiana Countv.

Cone.sville No. 1. Coshocton Clay No. Davis No. 1. Davis No. 2. Fernell.

Coshocton Countv

Conesville No. 1. I Conesville No. 2. ! Forest Hill.

GALLLV COlVTV

Indian Guyan Coal Co. John Sumcrs.

IJlack Diamond.

Inspkctor Of Mixks.

DKTAILED LIST OF MINES OPEXRD UP, ETC — Continued.

Guernsey County.

New Mines.

Suspended.

Abandoned.

i*.i!ff:!l.

; Indian Camp. Leatherwood. I Ohio No. 1. Union No. 1.

Kings.

West r.r.-niclr

tiitral Hiicking. Ks'cx Coal Co. Kramer Bros.

Hocking County.

Gem C)al Co. Lost Run Coal Co.

Now Pittsburg No. 21

Jackson County

Injoth <;illila'i.l.

.Armstrong Slope. Cameron. Washington. Woodrow No. 1.

.\corn Slope.

Daisy.

Holberg No. 4.

Kempfl.

Reynolds.

Jefferson County

Neb.. Unirn-

Calumet. Congo.

La Grange.

Pratt.

Speaks.

Lawrence County.

I.;.HrcTHC Mill No. 2.

Buckhorn No. 4. 1 Orchard Knob Clav.

Lawrence Mill No. 1

Mfj)Ina County.

I Klondyke.

Ing Shaft. Reicharn.

Meigs County.

'hir. River Coal Co.

! Harley Coal Co. Maynard North Hill.

DETAILED LIST OF MINES OPENED UP. ETC Continued

New Mines.

Garrett. German. Red Bud. Monitor. Wellers No :V

Muskingum County.

Suspended.

Walnut Hill.

Abandoned

i No. 37 (Nos. I and 2)

No. 16. Warners No I

Caldwell.

Noble County.

Fi shack.

Ottawa County.

Consumers No. 2 Lea.

Perry County.

Pedlow— (S. C. No. 321 ).i Beech Grove

I Lyonsdale.

Scioto County.

Globe Lime.

Stark County.

Arentz.

C. H. B.

Massillon-Ovstal

Crescent.

Empire.

' No 17

Elm Run No 1

Indian Run.

Evansdale

Kime No. 2.

Hale.

Robertsville.

'

Moss Hill

West Brookfield.

Wise No. 2

Tuscarawas County.

Buckeye Slope. Dennison S. P. Coal Dennison S. P Clay Goshen No. 4 Water Lillv

Beaverdani Sonierdale

Inspector Of Mines.

DETAILED LIST OF MINES OPENED UP. KTi i oncludi*!

VINTON a)UNTY.

New Mines.

Suspended.

\bandonetl.

Alma Lime Nos. 51 & 52. hwh.tnis Alma Lime Nos. 55, 56 &

Alma CoaL Alma Cement Limestone

Mines Nos. 1 & 2. Mohr-Minton Nos. 3 & 4. Raccoon Valley Nos. ll

and 2. Raccoon Valley No. 3.

Wayne County

"I

I C hippewa

Burton Citv Dalton N'o.' 14

ANN I'M. KKi'OK'l

TABLE SHOWING TlE NUMBER OF LARGE MINES EMPLOYING TEX OR MORE MEN, AND THE NUMBER OF SMALL MINES WITH LESS THAN TEN MEN IN OPERATION DURING THE YKMi 1910: ALSO NUMBER OF LARGE MINES IDLE DURING THE YEAR.

Xamc ut (.ountv.

Athens . . . . Belmont .. .

<'arroll

Columbiana Coshocton .

<iallia

Guernsey . . Harrison . . Hocking . . . Holmes . . . Jackson . . . Jefferson . . I-awrencc . . Mahoninc . Medina . . .

Meigs

Morgan . . . Muskingum

Xoble

Perry

Portage . . .

Scioto

Stark

Summit . . . Trumbull . . Tuscarawas X'inton . . . .

Total

O

H

k.

ee

o c

Vm

Jc

o

N0

o

Ten erati

4/

in

rs

1 V.

a

a;

1/5

?5-S

y.

w

, s

1 r3

1 1

. C/D

H

1)2

H

i 0

S

2:

(

Mj

:J5

i 0

'7

M

1 '

as

a

IXSPECTfiR i>F MINKS.

TABLE SHOWING THE NUMBER OF MINES USING THE VARIOUS METHODS OF VENTILATION AND THE THREE KINDS OF OPENINGS FOR THE YEAR 1910.

Name of Coiintv.

(A

a

(T.

u

Athens . . . . Belmont . . Carroll . . . . Columbiana Coshocton .

( lallia

Guernsey . . Harrison . . Hocking . . Mcihiies . . . Jacksiin . . . Jefferson . . Iwrence . Mahoning .

Medina

Meigs

Morgan . . . Muskingum

Noble

Perry

Portage . . .

Scioto

Stark

Summit ... Trumbull . , Tuscarawas

\'inton

W'avno

28 ' 0 !

27 :

7 '

51 '

1 !

Total

11 '

H '

;

I

6 !

!

1 !

3 I 10 I

1 '

12 !

5 !

r>l

3 '

i;

14 2

I

5J

J)

fM)

16 ' li '

51

110 '

' o '

5t;

8 '

83 ' 25 11 '

48 ;

ft*

17 '

24 ! 3:

726 I 147 110 J83 318

'225

1 :

I ! 1

5

4 !

10 ' 3

8 ' 1

14 !

3 ' 1 ;

2 ! 3 I

1 ' :

12 ' 6 I

1 '

6 I ' '

1 ' '

4 '

T :

()

.%3

2(J

20

2!)

l(i

5?i

!)

ANNUAL BEKtRT

t

2z

Inspector Of Minks.

Dktaii.Ei) List Ok Mines Which Generate Light Carbureted

Hydrogen Gas.

Athens County.

Canaanville Eclipse No. 3 Hisylvania No. 23 Luhrig Nos. 1, 2 and 3 New Pittsburg Nos. 9 & 10 Northern Fuel No 24 Sunday Creek No. 10 Sunday Creek No. lOx Sunday Creek No. 201 Sunday Creek No. 20P Sunday Creek No. 210

Sunday Sunday Sunday Sunday Sunday Sunday Sunday Sunday Sunday Sunday Sunday

Creek Creek Creek Creek Creek Creek Creek Creek Creek Creek Creek

No 211 No. 212 No. 254 No. 255 No. 256 No. 266 No. 267 No. 275 No. 281 No. 311 No. 312

Belmont County.

Big Run

Eleanor

Neff No. 1

Black Diamond

Florence

Pittsburg- Belmont

Black Oak

Glen

Provident

Captina

Johnsons

Victor

Clifford

Virginia Hill

Dellora

Columbiana County.

Big Walnut

New Slope

McNab

Delmore

Nieheisel

Salem

Garside

Guernsey County.

West F'ittsburg

Black Top

Kingston

Midway

Blue Bell

Klondyke

Murray Hill

Buffalo

Little Trail Run

Old Orchard

Cleveland No. 1

Little Kate No. 1

Ohio No. 2

Detroit

Little Kate No. 2

Puritan

Forsythe

Minnehaha

Trail Run No. 1

Hartford

Trail Run No. 2

Imperial

Valley

Ideal

HOCKING COUNTY. New Pittsburg No. 7

Jackson County.

Walhonding No. 2

Domestic

Globe

Superior No. 12

Bk Fork No. 2

Superior No. 9

Jefferson County.

Wainwright

Amsterdam

High Shaft

Rice

Eliiabeth

U Belle

Zerbc

128 Ax X Ual Rkport

Detailed List Of Mlmes Which Generate Light Carbureted

HYDROGEN GAS — Concluded.

MAHONIXG COUXTV. Lowellville

Xoblk Couxtv.

Caldwell Laura

fiolden Rod Noble

PEKRY COUXTV. Santoy N(. 1 Santoy No. 2

PORTAC.K COUXTV. Mntson No. i Hutson No.

Stark Couxtv.

Vnx No. 12 Pocock No. Willow Grove

(icie No. IM No. 20

TUSCARAWA.S ( OUXTY. Heaver Dam \o. 2 Goshen Shaft

Wavxe Couxtv.

No. 22

Accidents.

9 I. of 11.

TABLE SHOWING THE TOTAL NUMBER OF FATAL. SERIOIS AND MINOR ACCIDENTS FROM JANUARY I. \9hK TO DECKMBKR :U. 1910, INCLUSIVE

Counties.

Fatal.

Serious. Minor.

Total.

Atheas

Belmont . . . Carroll Columbiana Coshocton .

Gallia

Guernsey . . Harrison .. 1 locking . .

Jackson

Jefferson .. l-awrcnce . Mahoning .

Meigs

Muskingum Morgan . . .

Noble

ittawa . . .

Perry

Portage . . .

Scioto

Stark

Summit . . . Tuscarawas

Vinton

Wayne

Totals

:

I ;

I (

i

rt2 J2

3 :

1

1 !

9

29 : 1 ;

w

t

1(

IJo

lf>

2r,

fm

Anm'Al Rkpurt

TABLE SHOWING THE NUMBER OF FATAL ACCIDENTS IN THb MINES OF THE STATE DURING THE YEAR 1910, AND CAUSES TO WHICH THEY WERE ATTRIBUTABLE.

ft

o

f.

Si

u

C 1

(tf

A

bO

C/

U

u

O

o

Xi

y.

Athens ' 8 1 1 I i,

ndmoni ; i'l I 1 1

Carroll , 1 I ! !.

Columbiana .*i . . . '

Coshocton

tiallia 1

Guernsey 11 i 1

Harrison 2 ! !

Hocking :i 1 I

Jefferson i 19 i 3 , 1

Meigs i 1 ...

Muskingiim 1 ;

Noble ! :i

Perry 2

Sciot.. i 1

Stark , 4

Tuscarawas j 2

Wa\ ne " 1

Totals I 97 j 7 I 19 I a

1 r.

:t

.\r

] ' Is)

.'I

1(

T I

3 '

34.:;

7 (B.2 I an.r-

31.9 I 6S.I

I'

*Per cent. Foreigner> kille<l in the state. : Per cent, of .\merioans killed in tbr state.

TAHLK SnoWINC PKKCKM nv KACI! CAUSE TU WHICH FATAL Cil>i:.\ ;

WKRK \TTkIIU'TAP>LK.

Falls of Coal 1.

Mine Cars 17.4

Motors 3..'

Mining Machine- 1.7

Premature Kxniosion- 4.4

Shocks from Kiictricity 1,7

Illown-tiiit SItot 1.7

Miscrllanc'in- 7.U

ill)

ij

o

Inspector Of M1Ne;5.

noiBS

-cn'IC

"

- -

Annual Report

TABLE SHOWING THE NUMBER AND CHARACTER OF ACCIDENTS WHICH OCCURRED FROM JANUARY 1. 1910. TO DECEMBER 31. 1910, INCLUSIVE. TO WHAT CAUSES THEY WERE ATTRIB UTABLE, AND THE PERCENTAGE OF EACH.

X'arious Causes of Ao-nKnts

cd

0/ C/)

Os

Kj

rf

U

O

%J

pi.

Falls of RrK>f

Falls of Coal

Mine Cars

Vininfj Macliiiu*s

Motors

Electricity

Prematura Explosions

Explosions of <ias

Miscfllaiiediis

Totals :

R33

liOtll 1'!* i'=-"

-uioj iB tiiui puE -imi 'soiii

'iOei '9061 '5001 'tWI "! ""I'

goal mi* paiEdiuo,-)

SB umx puE 'uooi 'awii 'ioei

'9(MiI 'SOei "hWl S1U3P1D3V

snouts 3SB3i3UI '|U93 J9,{

ZO , , SE '0I6I puB '6061 '8061 'iOfil

H*"2 'i '6I 'S06I 'KHJI u" siuapiMV

(t.* ' lM J" 9SE3J3UI JO "luan jaj

S~.s" 8061 '"A am mi* psiEdiuoo

.gS I SB '0I6I P"B '6061 "8061 'iOtll

i '9061 "SOei '*06l siuappav

'0)61 -"EaA "P mi* paJBdujo3

f-y.S '9061 'S06I 'MI6T "! siuappay

s"s

"8061 111* pa-iEdiuoo

'0I6I P" '6061 '8061 'i06I

Ss?

*906I 'S06I W61 "! wwppav

[WBii JO iaqnitiN sqi ui ssej33(i

, psjtdwoD 'eoigi

8061 'i061 '906t fiOei 'HWI "!

aaeuuoi ui mwjoui jo isj

o$

Is

'Wei "9061 *';Wil 'HWI ioyi JO Jaqiunx iii .>sKaj>iij

-j*.ro 111 SJOWK otiiK 1" Jjqiunx

§2?

g

nm

imi m.w psjeti

-uio.i sK '(jiei iiiii; 6061 '8061

ieSI

'uoiie

t:Spi5ig

"eoei"

ultit put 6061 -(fOei i06I '9061 eWI 'Wei "! ps-toiduiH jaq -iuii\- oqi joj iu9p:D3\- snotws qDEy 40J MEWMci' JO wij ajj

0161 P" 606[ -8061 'i06I '90fil

'.llil fOfil 11? .pj:tO[(luia wq -um\ 3q) Juj itwpiaay snoiHg q.-.B3 JOJ ™s

:i

q.iira JOi s;>A.,|<Iiuy JO j.iqiun\-

33?

&

'0161 60(il 8061 M06I 'n061 'e06I t-Oei "! s,u3[>!.wv FlEj JO jsqtunp-; 111 3SEDJM(| JO I'la.T J3,i

l:uui ili!' I'-iJi-'dino.-) SE '0161 PE fiOei 'Hoei 'iOUl 'lifHit '"061 J-Oer "! Biuappay V";i Jo Jsq -uin\ .)in HI ovBSjaiii ji. lua-j jsj

pjitduioj si; 'oKii i>iiE 606T

8061 'ioei 'oofir '<ro6t *t06i "!

ssXoidiug JO aseajjii] lo 'jua jj '

iO[ilui3 JO jsqiun

Inspector Of Mixes.

FABLE SHOWIXG THE NUMBER OF TONS OF COAL MINED TO THE LIFE LOST. TO THE SERIOUS INJURY AND TO THE TOTAL NUMBER OF FATAL AND SERIOUS ACCIDENTS FOR EACH YEAR SINCE THE CREATION OF THE DEPARTMENT.

Is

-N

(la Ca Ca Ca Ca Ca Ca

cal

cars

u

c:

'X

ir.

Number of Tons Mined to the Persons Killed or Se- riously Injured and Number of Tons to the Total.

Name of Chief Mino Inspector

Is;:,

1S77

187M

I88n

1885 ,

188*3

1881*

189:)

ov. 15-Dec.31, 1903 endar year 1904

year

year

year

vear

year

vear

la :lo

lMf<JMH

209,991

endar endar endar endar endar endar

2r.

4:3 36

as

15:3

rl

52 :

m !

123 '

159 ;

142 ' 276 ' '298 j 324 372 ' :184 ' 426 :

2!2.621 28:3,621

244,258 194,308 376,239 330,57 296,595 463,378 364,672 263,151 311,221 270,463

4.844 I 31.419 Andrew Rov.

121,606 1 77,210 ; 50,000 ! 42.168 1 434,615 I 76.087

Jas. D. Posten.

I David Owen.

114,754 I 84.217 Andrew Roy.

143,433

i 153,258

194,772

137,356

1138,113

209,757

1-226,708

! 157, 129

1102,674

90,025

81,211

! 87,668

90,736

77,985

I 93,848

! 73.627

80,299

R. M. Haseltine

86,932 T. B. Bancroft 94,170 1 78,104 I 92,808

100,934

125,413

118,636 =108,170 t 95,655 ' 73.976 I 67,078 I 64,563 ' 68,40( ' 67,913 I 70.64H I 58 ..394 6.3.l:3 ' 56.10:1

it. Uirhlison

226,628 214,270

2:34.713 241,348

69,448 70,868 65,651 61,708 72,780

' 58,984 I 53,158 I 53.255 ! 50.102 I 48.862 I 47.689 I 54.29.i

Geo. Harrison

Note: — Fatal accidents in calendar year 1903 were 124 Si-riou- nooidcnt> n calendar year 1903 were 309.

*The 22 fatal and 26 serious accidents ?to not niclud' .1 in tl'. -oal >v:n 903 nnr in the calendar vear 1904.

138 ANNUAL kKI*URT

DKTAILEI) SYNOPSIS OF FATAL ACCIDENTS OCCURRING IN THl-

State Of Ohio For The Year 1910.

Athens County.

Fall Of Roof.

January 29. — Charles Coakley, American. 19 years old. Killed by fall ot slate in Juniper No. 1 mine at the face of 1st E. entry. Boy was warned not to go into the place, that it was not safe. Entry was 12 feet wide, with a row of tim bers about the center of the entry, one post being set close to the face, and other loose ones close by. This accident seems to have been due to carelessness as well as to some impracticability.

Mine Car.

June 18. — Peter Bartels, German, 37 years old. Killed in Sunday Creek No 256 mine ina collision of mine car trips. Forest Withain, another driver, misun cierstood the signal of the trapper and left the switch with an empty trip, meeting the trip of Bartels on the curve. Unfortunately deceased was riding on the front end of his trip.

Fall Of Coal.

June 20. — John Henderson, English, 70 years old. Injured by fall of coal in the Juniper No. 2 mine and died five hours later. He was working in a room running parallel with a north entry, which was being driven for air. A rib-shot had been fired, which stood and was working the coal out from under it, when the top turned over, catching him. The place seemed to be in fairly good order

Fall Of Roof.

June 27. — Tod Tittle, American, 26 years old. Killed by fall of slate in room 15, on 9th west, at the face of the working place; room was well timbered within 15 feet of the face. The top is good throughout the mine, and this much space is left between the face and timbers for the machine to cut, but in this case the strata beetween the rock and coal was cut out at the face by the rock coming down on the coal, which gave the slate a loose end at the face unknown to the men who were working imder it.

Fall Of Roof.

Injured July 14 ; died July 16. — Herman Kemnitz, Gennan, 54 years old Injured in New York No. 31 mine, in the face of room No. 19, on 6 east off second north by a fall of roof coal. He had loaded his last car in the room and had sent for the slate man to take the loose top down at the face of room in order for the machine man to cut it. He retjuested the slate man to wait until he linished drilling a hole which was under the loose piece of cannel coal. He finished drilling the hole and while wedging down a piece of bone coal it released the cannel coal. falliniL on him and injuring him so that he died.

Fall Of Coal.

August 3. — Raymond Walker, American, 17 years old. Killed by fall of coal m T.uhrig N'o. 3 mine, in room No. on main west south. Employed: as. a miner

Inspector Of Mines. 139

and was working with his brother; they had fired a rib shot the day before going home. The next morning deceased began to take some coal out from under tht shot when it turned over on him, killing him instantly.

Fall Of Roof.

October 2o.-CIarencc and Walter Beal, Americans, 21 :iiid respectively Killed by a fall of slate in Sunday Creek No. 201 mine at face of first east entry'. north off of first east south. Entry was 12 feet wide and a break through at the face, causing considerable space; fairly well timbered, but the fall tripped the post The roof is of a very bad nature — full of slips and joints.

Fall Of Roof.

Injured November 4; died Nai'ember 5. — George E. (ilover, American, years* old. t;injured in the Imperial mine by a small piece of slate weighing not to exceed from 50 to 75 pounds, which fell from the roof while he was preparing tc drill a hole in room 21 on second east entry, and died from his injuries November Everything indicated that this man was a good practical miner and no one was to blame.

Fall Of Roof.

Injured August 25; died December 17. — Anthony Wuksi, Finlander, 40 >ears old. Injured in Northern Fuel No. 24 mine, by fall of slate on fourth cast entry, north, about 20 feet from face. From the testimony it appears that de- ceased was warned that the roof was bad and to be careful. It is claimed that when the top fell deceased was working in some other part of the mine and wa> about to finish his place and it is supposed he was looking for another place.

Fall Of Roof.

Injured December 15; died December 20. — Wm. Wearn, .American, .'Ul years old. Injured in the New Pittsburg No. 9, by fall of slate .it the face of No. room, on 6th west entry, which fell out of left hand corner of a double track room in front of the track. There was a slip running diagonally across the corner of the room between face and timbers, and gave the top a loose end. It is claimed that only his foot was caught, but that blood poison developed and caused his death.

Belmont County.

Fall Of Roof.

January 11. — George Zumalatch, Greek, 45 years old. Killed in the Kirk- wood mine, in No. 5 room, 5 H entry, by fall of stone, while carelessly working under same. Room was well posted and posts well set.

Fall Of Roof.

February 2. — John Kroker, German, 37 years old. Killed in the W heeliiiK i "reek mine, room No. 9, on fourth east entry, off of 6 face, 14 feet back from race of room. The stone fell out between the road posts and gob posts which were nly 4 feet 3 inches apart; nearest post to face was 9 feet, with one post lying loose at the neck of room. Deceased and partner were waiting on posts to further post closer to the face, while Joe Kenick, his partner, was in the entry, he heanl the stone fall and on investigation found Kroker dead.

140 ANMAL RIvPOR'l

Fall Of Roof.

Injured March 21; died March 22. — William Wiley, American, 51 years old injured in No. 2 mine by fall of stone at the face of No. 5 room on sixth west entry, and died March 22. Deceased was found by the driver about 3:30 p. M under a fall stone. It a|>f)cars he was digging down some coal along the fact-, when the touc nw way. No posts were under it; it reached about tw-third> of the way across the room, but any kind of a small timber would have held it up: he wa<i workini* aloiu* at the time.

Fall Of Roof.

Marcii 2..— Juliu Dobciisky. Pole. J." years old. Killed in the Lansnig mine, by fall of >toiK-. in Xo. 5 nMim, on 28 west, off of main north, while tamping a hole. He was wrrking with his partner and although they knew the .stone to lu loose, Dobensky started to drill the hole, he using the tamping-bar and his partner putting the tamping in. when the stone fell

Fall Of Roof.

Injured Mareii died March 21. — Frank. Traby, Slav, 29 years old. In jured in the Pultney mine, by fall of stone, in No. 8 room, on nintfi east entry, while loading out coal, with no post under the stone, on the side on which he wa> working. His leg was crushed and he was sent to the hospital ; he persistently refused to have his limb amputated and died from blood poisoning on March 2l as a result of the accident.

Fall Of Coal.

Injured lehruary 2;{ ; died April 24. — Hezekiah Sims, Welsh, years old Injured in the Kenntm mine by fall of coal in room No. 6, on 13.ea.st entry, and died April 24. A center shot had been fired in the room, which had sprung the coal and did not bring it down. He was in the act of shearing the coal where he had fired the shot, and some of it gave way, falling on his leg, breaking it near the thigh : it tailed to knit properly and the limb was amputated, causing his death

Fall Of Roof.

Ma\ 2.--lrederick Murphy. .American, 14 years old. Killed by fall of slate m Media mine in No. 4 room on fourth east entry; employed as a loader and wa at work in this room with his father; fall consisted of false top over the coal which comes down, or is taken down by the miners under special agreement. The top, after the false part is down, is unusually good, and consequently miners be- come careless about jxxsting or taking this false roof down, which would have averted the accident The father presented a school certificate, in writing, over his >ignnturv. that hi- >on was born July 7. 180r>.

Fall Of Roof.

-!/(/ V -IVii-i l)e.\rc, Italian. 37 years old. Killed in Empire No. 1 mine Thi> 'eenis in have beefi an unforeseen accident, occurring in No. 3 room, eighth west entr\. 1 >ccrased and partner were considered good and careful miners. Tht room had n) st>ne in it at all. and had ju<t been cut by the machine men; accident >ccurred on the right of th<' r-Mini; between road pot and rib there was :; pot or slip: "1). v)i(,t x\a- I're*! and M.eiu-d it, causing it t<" fall.

FAU. OF ioor.

.Wi." — Augiisi Doiiai... liaiiaii. -IJ yfw- "ui kilirf. ir. ilnu;- ' l miiu ty rail "f siont. m No IJ rnon;. ii thirrM'mh vt*?v: tMiTr>. Kxirr. v ;i ir-'M'i ui T:*. ire: with rn- break-Throuph. very imii -?? uu v.;;> ir :hc rvim. r.>i: v;i>

il;. it*tri: ai iir.fnrtuiiaii arcidcm

Falx Of Oof.

iact : lUvy had iirec i; sh': cm the riph: ri' ljic K-i;!.']]! ?. wh''i : iTnall simt ifll. striking decease d cm xht .k'k. TT-.irr. hich ircrx he rb*

Ei.Ectric Wire,

.'utr t — Amh-tcy MiecKfidistji . KnssiaTi. :26 \cjiLr> Eioctrv*. ,;rtVi -.n rh iiiack Ihani'.ind mint hilt pettmc into ii mirc ir :o rnie r.Kt :hc rrxroc krv\

kmt in conta:*! m-ith ar electric uttc, earning AC'h> In AiTfTnr;inj: v: nt' tht car liic deceased stepped an the C'-nnlinc Vimcm r.'ir< . V-' c*"m-.|i

- "at h\r- iiict ra-mt in C"TTran wiifi troll r\- wir.

Fall Of Roof.

la: urea May 12: ftf -V — Jcficph L<>rclla, h/tliar, 4 J' inuirfsl he Kail & KivfT Xo. 2 mine by fall of stone, in n>i>ni 11, ovi owisl oiUrx . r -'m ua> well jKied. On atvount of death rc>ul;in): laicr fnm thii viiK-nt tin had Tc-en wrrked since that time The !nspect<>r iitnic> Tht aVv.u the

:mhered

Fall Of Roof.

injured June 27; died June 28. — Harris<>n House. Anuncar,. 22 \o.un old Injured in the Media mine. Deceased was emplt\ved as UmJit and was workiujj '.vith hi father in room Xo. 7. driving south ott of thinl wosi \ There area rf 8x24 feet of KKse draw-slate in thi< rotni, which was uniosK'd Tlu father wa<Jiading from the west side and the from the east sitle : a machine !nan entercti the room and noticed the draw-slale was kidl> sprung, and ad\isin)£ them to come from under it until it was made safe. Before they were ;d>le the slate gave way,, the father escaping, hut the son was caught hy it. causutg Uath. Had it iKt been for the warning of the machine ttuin tlicic w\utld [.robably have l)een a double fatality. The setting t>f three wiiiM h.ne pre . nted the accident.

Fall Of Roof.

July 2. — Enninio Gagliasso, Italian, 25 years old. Killed ni l-.inpuA nunr vvhile working in Xo. 7 west butt entry, over which there is a vi ry hcav> NttMic. Hu-asuring a little over two feet in thickness: this stone is very hea\y, anti when I)eavy is very' dangerous and full of slips. His death was due to thin cium Several posts were in this entry, but no cup pieces. It is stateil hs the partner wi deceased that he had not had much experience as a miner.

142 Annual Rkport

Fall Of Roof.

July 6. — George Marsek, Austrian, 24 years old. Killed in Empire No. 1 mine while working in room No. 3 on eighth west butt entry. Room was just up 43 feet from entry to face; stone very heavy, 2 1-2 feet thick; right hand sidt- of stone had been taken down to track; left side being up from the road to thi rib, 12 feet in length and about 5 1-2 feet in depth; two posts were under this stone, the coal having all been loaded out. There was no cause for his being under this stone unless to remove posts to let the stone down; five tons of stone fell, killing him instantly; his partner was so frightened that he could not explain how the accident happened.

Fall Of Roof.

July 9. — Thomas Humphrey, American, 30 years uld. Killed in Kcniion mine, on main haulage way by fall of stone, while on his way out from work Where the accident occurred a set of timbers were knocked out. Eleven and twelve east entries are used for a passway ; when the loaded trip went out he was at this passway ; when motorman was coming in with trip of empties he and the mine boss found him under this fall of stone, about 700 fci*t from passway ninl about 2,000 feet from the mine entrance.

Fall Of Roof.

June 10; died August 11. — George Borza, Roumanian, years t)ld, injure*! in the Florence mine while employed as a miner in room in 38 room neck, on fifth east, north side, while loading the fourth machine cut out of a 16-foot wide neck, and had a post under the middle of the stone; a piece fell between the post and rib, striking Horza on the back. The partner of deceased .stated that there wore 3)lenty of loose posts in the room, but they did not deem it necessary to use them to make the place safe.

Fall Of Roof.

August 19. — John Pitcavitch, Pole, 40 years old, injured by tall of stone ui the Kirkwood mine at the face of No. 15 room, on tenth H. entry. Deceased was working alone and had cleaned the coal all out and was removing the .stone, into which he had placed a shot to bring -it down; it seems as if he had been using a bar on it and either slipped on the stone back of him, or tripped in some way. Hr was crushed so badly that he died shortly after being taken out from under it.

Mine Car.

Injured August 1; died August 20.— Samuel Granstaff, American. :W years old. Injured in the Clifford mine, and was employed as a motorman. While go mg to his work, riding on the rear bumper of an empty car, he was caught between two empty cars, which were run loose down the slope and caught him in such a way as to cause his death. The testimony shows that there was a man employed on the loading tipple, or trestle, whose duty it was to look after empty cars on this tipple, and carelessly permitted 11 loose cars to run to the top of the slope, or knuckle, and with the assistance of two or- three other men succeeded in checking all of these empty cars, but the two first, which ran down the slope, causing injury which resulted in his death.

Fall Of Roof. "

August *23. — James McGonigle, American, 24 years Killed in Maple Hill mine, while engaged in drawing posts, 26 feet from entrance of room No 20 on

IXSPECTtIK OF MINES. 14

ikavf-iiard cnecn . AH bat the last pi>$t was drawn and the man workup with him die post twice wkh a skdge and said thy wonld kt d&s post staini that It was ace safe. If cGosnglc said be wocld knock it oct and get it oct of the way The post was set aboot the center of the s2ate that caught him. Two pieces fell,

Miscellaneous.

Inspired Aturmst 26; dud Auffusf 27. — William Webster Berry, American 28 years okL Icjored in ihe Provident mine. Deceased was employed to push cars to the foot of the shaft on the day which he met with these injoriesL He and three other men poshed one loaded car into the elevator and signaled the en- gineer to take the car to the top of the tipple; some time after this signal was given to hoist this car they decided to take the car off of the elevator, and while in the act of removing the car die elevator started up, and the deceased fell out of the elevator and was caught between same and side of shaft, after which he fell to the bottom.

Natural Cause.

September 1. — John Hendershot, American, 43 years old. Found dead in the S. C Hardesty mine; death supposed to have been caused by hart failure He was working alone at the time in this small country mine, and not returning home at the accustomed time, investigation was made and he was found dead on the floor. He had suffered with heart disease for two years at least. (Xot mine

accident.

Motor.

September 2. — George Hams, trapper boy, American. 17 years old. De- ceased was employed as trapper boy at Empire No. 2 mine and; according to witnesses, must have been asleep on his seat beside the door, with his feet near the track, and not hearing the motor coming out with 49 loaded cars, was struck and >hoved in front of the motor for a distance of 15 or 20 feet, half severing his Iwdy and killing him instantly; he had been found asleep once before on this same day. The motorman, on seeing that something was wrong at the . . endeavored to stop his motor, but was unable to do so until the motor and one car passed through the door, breaking it down.

Fall Of Roof.

Sefttember (5. — Andy Brier, Pole, 38 years old. Killed by fall of stone in the Provident mine. The room where deceased was killed was just up for the first break through, 40 feet from entry; both places were undercut and shot, was *4hot in center and when loading the third car h#th coal and stone foil, killing him

Fall Of. Roof.

September 8. — Mike Howarth, Pole, 29 years old. Killed in the Lansing niinr iiy fall of stone in No. 3 room, 29 cast entry. Deceased and partner had jnsi tartcd to work and fired a shot on the left rib, the other side having !)een tired the day previous, and after shooting started to load coal ; partner of deceased claims he wanted to take the stone down; it was not practical to have posted this stone and it should have been taken. down.

Fall Of Roof.

October 5. — Joseph Digiorgi, Italian, 48 years old. Killed in the Columbia inme. by a fall of stone, 1,200 feet from entrance of mine on main hanlway :

144 Annial Khi'Ukt

width uf ciilry 8 fcot 7 inches; dislaiicc from limbers that were knocked out bv fall to the other st-t on one side, 7 feet 4 inches ; on the other side 8 feet 4 inches ; railroad rails weighing (m pounds to the yard were usetl across the entry, resting on short posts cut in the stone on top of coal; coal gave way under the stone post, causinjr it to fall with no warning.

Fall Of Roof.

Oitobcr 17; Jied October IH. — Mike Morcith. Slav, 23 years, injured in tht Empire Xo. 2 mine, by fall of stone, in room No. 14, on 13 west entry; the stone from the middle of the room, which was a block room, and in fair order, only being driven a short distance in; the stone which fell was partK cut off with a slip, running over the top, which the firing of the shot would loosen. The fall crushed one of his legs, m) that amputation was necessary, and also injured him through the ])reast an'd arm.

Fall Of Roof.

Oitid'cr '2H. — Lefaine Fenelon, French. I.j years. Killed in Crescent No. '6 mine, and at the time of accident was wrking alone, and was not discoverer! until the next morning, when the driver went into the room and found him covered with .stone; the room was well timljered, but he neglected to post the' draw slate or take it down.

Mine Car.

(htobcr 'U. — Herbert Simmons, American, 13 years. 9 months and 24 days. Killed at the Neff No. 1 mine, while employed (n the tipple to catch and coupK empty cars coming from the loading tipple to the mine entrance, and on the day of the accident jumped on the front end of an empty car to shut down the brake to >top it. when his foot slipped, throwing him in ront of the car, killing him

Fall Of Roof.

Octobt'r 31. — delestini Silvestrini, Italian. 11 years. Killed in" Kmpirc No. i mine, by fall of coal, in room No. 20, on the fourth west entry, in what was con- sidered one of the best rooms in the mine, with very little stone over the coal ; first shot had been fired on the right hand side of the room, four or five cars had been loaded and he was working loose coal from the bottom, when a chunk of coal, weighing about 2000 i)Ounds, fell, 'itriking him on the head, bending him over, killing him instantly.

Fall Of Roof.

Xoicmbcr 4. — Barney Batisti, l-'rench. 3. year<. Killed in the Blaine mine Deceased and partner were workini in Xo. 1 east entry off of north face, and had loaded a shot of coal and were taking up bottom coal, finishing the last car. when a large stone fell, crushing Bati<ti : mine bt)ss had just been in the room and rderod them to cense working under the tone and take it down.

Natural Cause.

.\'o:i'inbcr 0.— Hann'lton l)avi>. .\nierican, oU years. Deceased droppeil dead frtjni heart failure at the Black Diamon<l mine, while engaged at his work as weinbiuan on the tipple, with which was said to have been affected for four \ear>. ( .Vot niiiu- accident.)

Electricity.

Wfi' 1). — (iabriel Cherry. Hungarian. 32 years. Kmployed at the Lan>ing mine. Deceased was electrouted hv cmintr in contact in some unknown

Inspector Of Mines. 145

nikxmcr with a mining madiine which he was operating in room No. 2, on 31 east cntTA', which was charged with 250 vohs. The machine was in good working order and the cable; while worn in some places, had been re-taped. It is presumed that he came in contact in some way with the starting box, bcincr foimd on the right >ide of the machine and partner on the loft.

Electric Wire.

December 14. — Steve Kocialk, Slav, 25 years. Pittsburg- Belmont mine No. 3. Deceased was employed as a coal miner and on the day of the accident he had gone into the entrv* way for an empty car. There were three empty cars standing in the entry way, two of which were made of iron and one of wood. While stooping over between these empty iron cars to uncouple them, he raised up, and in some manner his right shoulder came in contact with the trolley charjfcd with *250 volts, t-ausing his death instantly.

Miscellaneous.

Ihtcmbtr 17. — John Covalodgo, Greek, 45 years. Killed in the Provident mine, by being caught between firt set of timbers and cage on which he attempted Uy get on after the cage had signaled to start, causing him to fall down the shaft Yh- feet and killing him.

Fall Of Roof.

December 29. — Octave Jeffers, Canadian, t>0 years, killed in the Hall & Gill- hooley mine, employed as a day man, usually as a driver, and when there was no coal to haul usually looked after the safety of the mine, and on the day of the accident walked to the place where it occurred, and finding small amount of roof coal down went a short distance and got a shovel and returned to clean up the fall without examining roof. As the first layer of roof coal was about one foot thick and then what is known as blackjack top, about one foot thick, laid between the first and second layer of roof coal, fell, causing his death.

Electricity.

December 29. — John Pollock, Hungarian, 23 years. Found dead in Crescent No. mine, in Room 12, off fourth east entry ; was working alone on the day of accident. The machine had been unloaded and two runs had been made and machine moved to the place for third run. The bar he used in moving it was still in the machine, and he was found sitting on the right side of room, 17 feet from front end of machine, about two feet from the reel that winds the cable and 25 feet from entry. Death was, according to the coroner's inquest, due to electric hock of the machine carrying 260 volts.

Carroll County.

Fall Of Coal.

October 31. — Joe Polide, Italian, 40 years. Killed in the Robinson-Clay mine No. 5. by fall of coal, while digging clay in the mine. The clay had been shot down, leaving the coal hanging over. This was sounded and thought to be perfectly solid. While engaged in pulling down some loose clay, which had been loosened by the shot, a piece of coal fell without warning, injuring him so that he died half an hour later.

10 I. Of M.

146 Annual Report

Columbiana County.

Mine Car.

January 13. — Edward Varwood, English, 56 years. Injured in the Klondyke mine and died the following day; with several others he was idling in the shanty, when two cars broke loose, coming down the incline with terrific speed. The men scattered in all directions, Yarwood running into the tipple, a distance of about 40 feet past the scales, the cars leaving the track knocked Mr. Yarwood through a solid board partition to the ground below, a distance of 25 feet Cars were still coupled together and his body was found under one of these.

Killed By An Explosion Of A Blow-Out Shot.

January 2A, — James Blaemire, Scotch, 62 years. Killed in the Delmore mine. Deceased was employed as shot firer and was found dead on third right entry, beyond the ninth room. When found deceased was on his hands and knees, with head resting on hands crossed below his face, as though protecting himself from an expected danger. Deceased was not blown or moved by the force of explosion, but was protecting himself from the forces of concussion that came from heavy blasting. Cause of explosion seems to have emanated from the same room and in the same manner as the accident which occurred on December 16th, in which two other shot-firers met their death in the same mine. Orders of the Department were found disregarded, not only in this instance but in several others, and the repetition of the accident on December 16th occurred.

Fall Of Roof.

February 9. — John Ludlam, American, 26 yeari>. Killed in the Old Slope mine by a fall of slate in an abandoned room already caved in to east 20 off of face known as No. 4 off of Burns entry. Deceased and partner were machine cutters, and not having enough cutting to make a full day, asked the mine boss to find them a place to. load a few cars. He took them to this room, but on ex- amination found it unsafe; took them to another place and it was found to be creeping, and he advised them to go home. This they started to do, but returned to the place and while partner of deceased had gone for a rail to post he took his pick and released some large chunks, causing the rock to fall on him.

Fall Of Roof.

May 18. — Sam Mastrorania, Italian, 29 years. Killed in the Newhouse mine by fall of slate in room 43 on ninth east entry. 'Conditions point to an unforeseen accident. Deceased was shoveling coal from center shot, when the shoveling, or removing, of coal must have released the roof. There is a five-inch draw slate which comes down; this was down and removed; nearest post to face on side of room where accident occurred was 6 feet 9 inches ; nearest road post on same side was 12} feet from face; on the right side of car the nearest post to face was 9 feet 10 inches

Fall Of Roof.

December 24. — John Baker, American, 48 years. Killed in the Strabley mine; employed as a loader after a machine, and the room they were loading in was nearly loaded out and was in a faulty territory where numerous slips and rolls are encountered. The left hand rib shot left a strip of coal about one foot in thickness next to the roof and concealed the edge of the pot, or slip, and provid support for the roof slate, which later fell on deceased.

INSHKlTOK OF MINF. 147

Coshocton County.

Mine Car.

September 23.— Ira Dawson, American, 30 years. Killed at the Davl* No, / mine, 112 feet outside of the mine on the tramway from the mitir to the tipple aboot 1300 or 1400 feet It appears upon coming on the outnide of the th driver was accustomed to potting a hlinder over the eym of the mute whM th trip was in motion and then jumping on the front of trip until ht, pu%%r4 the curve, when he would jtimp in between the first two can. Whiles d<fng fhit he tripped and fell in front of his trip of three car*, pk%%'tutc mfirrly hiin Brakes are on all cars and the trip could have been str/ if %mtfy ; n ptl'* of coal was lying on the north side of the track where hf , whirh huA "u deposited there before the railroad twitches wfre put in. nd it th/Htf(hf h'' tripped on some of thi coal.

Natural Caum.

*ick No 4 mine r>carh wa' due Ut orf(; heitrf ffMihk, tfipnnduM hy excessive dgaret smoking and a ref.<nt ;itfa4'k of the Strip; he 1r,tuA 11 A. Bl. tyy his fellow workmen m r-irm Mo. 6 on 2 we*f niuy in i/tmi condition and removed to the office rmtniHe of th# min, main* fA citate htm were renewed, but difA two h-mrt later K/#f7>''i'ir 'h rr'o indicated normal rnv(ixt:r,ri fVof min# a/*eidnf ;

rALL or R6or

', /

148 Annual Rkport

Head-over was being driven 13 feet west and had advanced 21 feet. I'roni the position in which deceased was found indicated that he had been shovclinfi the small coal from under the edge in view of turning the lump over when the top coal separated from a parting above the bench, the slate rolling over, knockin its victim down, covering his hea(i and body.

Natural Cause.

February 22. — Harper J. Devore. American, 2o years. Died in the Imperial No. 1 mine, death being due to natural causes from an attack of <ingina pectoris while at work in room No. 5 on first west entry. While in the act of prying down some coal he staggered and fell, dying almost in.stantly. (Not mine accident.)

Electric Wire.

April 7. — John Patrigo, Slav, 23 years. Met death in the Minnehaha mine l)\ Cuming in contact with an electric wire on No. lU west entry, at 4th neck Deceased had gone out of his room on the entry and finding two empty cars on the track he decided to take them to his room, and in so doing one of them jumped the track. In attempting to place it back on the track, his chest ui> against the end of a car, his back in .some way came in contact with the trolley wire above, producing a short circuit through his chest and heart, which was up against the iron on the car, producinj; instant death, with i.'in volts, com- pounded to 300. Inspector Turner state- the only uiui.sual feature connected with this accident was the fact that the cross-timber had pulled considerable coal from loaded cars, which had been removed from the track and piled alonv the north rib of the entry.

Fall Of Roof.

April 2o. — William Fiske, American, 27 years. Met death in Scnecavilk Mine, while employed as a water hauler, and had entered the mine previous to being examined by the fire boss, and was using an open light, both of which was contrary to law. He was killed by fall of slate on No. 7 entry at the parting of No. 35 room. Accident occurred some time during the early morning; the place had not been examined from the time the loaders quit work on Saturday until the fire boss discovered the accident on Monday morning, during which time the slate had cut, beginning at a pot in the roof opposite the east rib of the room neck, about the center of the entry and gave sufficient vent to break the slate along the south rib a distance of feet and across the entry west of the room neck a distance of 10 foet 7 inches to a \u)\ui where the slate had loosened by the cut and fell with little warning.

Fall Of Roof.

June II.- -John Kuti, Hungarian, 27 years. Employed as loader in the Forsythe mine, in 23 east entry, which was being driven four runs wide. Loaders were nrdered to post the crossing of stone while loading out the coal: three unset l)(>stv, were found in the entr\.

Electric Wire.

.'uiit- 2n.-- Michael Kalchmarick. Slav, years. linpl(\\ed as loader in Little Kate .Vo. 2 mine. reniovin'.r cal fmni Xo. 4 west entry, and taking two shots fn>m all room necks turned sdiuli off of >ai(I entry, being in advance of the irolK) wire. This entry ha<l been stopped lo permit layini heavy irnri track and

INSPECTOk OF MINES. 149

iic was tran>ferred back to room neck. He had drilled and lired the shot on the west rib of the neck. In some way, it is presumed, in passing around his car, he came in contact with the trolly wire, killing him instantly. inch hangers were in use 14 feet apart, at the point where the accident occurred. The tension was slack over the point where the body lay, letting the wire eight inches from entry top; the two inch hangers east of where the body was found were pulled loose. It is probable that deceased was accustomed to working on entr>' where wires did not exist and forgot about them, and there being more room on that side of the car than on the south; he dodged around and accidcntly came in con- tact with wire.

Mine Car.

June 2;i — Lharlcs Stcinbrook, American, 23 years. Killed in Little Kate No. 1 mine, while employed as trip rider, and while attempting to jump on a trip was caught between the car and a narrow place. The car rolled him between the cars ;ind rib, an entire distance of 32 feet while four cars were passing; he fell help- less on the track and died same day from injuries received.

Fall Of Roof.

July — Joseph Thomas. American, 16 years. Rmpluyed as trapper boy in ihc Detroit mine, and was killed on 26 west entry, 47 feet from his trap door. Accident was witnessed by two men who were stationed one on each side of the lise reck to arrest travel under it until it could lie removed and loaded into cars; the boy standing by one of these men and wanting to get on the other side ran through and was caught.

Fall Of Roof.

July 13 — Andy Babash, Slav, 32 years. Employed as an entry man, at the Hartford mine and was killed at the face of his working place. The top of this ntr>' had always been good and did not require timbering; the machine had cut A neck and the entry-; both places had been shot and loaded from; this was the first shot cut in the neck, and in drilling the first hole in the neck for his cutting -hot it extended into the roof and shot loo?e the that caught him

Motor.

July 2(i. — David Foster Bates, American, 27 years. Killed in Little Kate No. - mine, while employed as trip rider, and was riding the front end of trip when the accident occurred. He must have either lost his balance or been knocked off the front end of the mf)tor while rounding a curve in the mine, and was dragged .ibout 47 feet by the moving motor, causing injuries from which he died lame 'lay

Mine Car.

September 1. — Frank Maleya, Slav, years. Killed in the Little Trail Run mine, by falling in front of his two car trip in a haul way through an old room leading to 11 and 12 east entries without any apparent cause. He was employed regularly a loader, but having no coal on this day. and the regular driver Wing off. the mine boss asked him to drive extra. There was plenty of room on vither side of the track for a man to jump off. There i*i a ver>- slight grade but not enough caue a mule to go out r>f a walk.

Mine Car.

September 7. — George Szilagyi, Hungarian, 32 year-. Employed at the Minne- haha mine .and wa killed by having hi head caught between post and rib on 9

150 ANNUAL REiORT

west entry, while attempting to get in the clear of an empty car, pushed by a motor, coming down grade, which jumped the track, striking post, knocking it out, and resulting in death to this man. No definite cause could be ascertained as to why the car left the track, unless it was due to switch point or frog not being properly laid, and also to the fact that the empty was pushed ahead of the motor.

Fall Of Roof.

October 6. Died October 15. — Clark Padgct, American, 37 years. Injured in the Klondyke mine, while employed as fire boss, and general day hand, and was cleaning up slate in No. 2 butt room, out of No. 6 face room, on 26 east entry, off of No. 3 south face. Room was approaching a fault and the top was rolling and full of seams near the face, while cleaning some loo$e slate that had already fallen, four other men came in and started to talk and he sat down under the slate which fell and injured him so he died October 15th.

Mine Car.

November 7. Died November S. — Leander McConaha, American, 26 years. Injured in Trail Run No. 1 mine, l)y an empty car jumping track and catching his leg between it and loaded cars on the opposite track; cause of the car jumping was due to the dilly rope, catching over one of the wheels along the side of a loaded track and pulling car off of the track toward the loaded one

Fall Of Roof.

November 8. — David Smith, American, 40 years. Killed in the Minne haha mine by a fall of slate in room No. 1 on 12 west and at time of accident was working alone; he had been warned by the machine men of th? danger of the slate that killed him, but in his haste to load he neglected to post it.

Fall Of Roof.

N 01 ember 15. November 16. — Isaac Fluhart, American, 62 years injured in the Imperial No. 1 mine, in No. 8 room, on 4 east entry, by a pot falling out at the face of his working place. The roof in the place had always been good and was well posted, he being an old and experienced miner.

Fall Of Roof.

November 16. Died November 17. — Henry Abrams, American, 22 ycari Employed at the Minnehaha mine, and at the time of accident was running a gathering motor, and was coming out of 11 east entry with a loaded car and stopped at No. 5 room and pulled a load out of it and was backing his motor and load back to couple onto the other load, and the trolley wire being hung too close to a timber caused the wheel to catch tlie timber and knock it out, causing the slate to fall, injuring him so he died the next day. Examination of the timber showed that the trolley wheel had been dragging the timber previous to this trip, and a number of timbers was in the same condition. On some of them the wire was tight up against them, which would make it a very dangerous proposition to run the pole the wrong way

Fall Of Roof.

December 7. Died December 13. — William Gallagher, American, 47 years. Employed as a coal loader in the Forsythe mine, but at the time of accident wa*.

Inspector Of Mines. 161

t:ii(aged ill drawing posts out of No. 9 room on 21 cast entry, in an abandoned room. The roof in this room was exceptionally good, but the piece that caught him was what is commonly known as a wheel or pot, and probably not noticed by deceased when the post was knocked out from under it. a<i it suddenly fell and caught him.

Fall Of Roof.

December 8. Died December 18. — Edward Landman, American, 25 years. Injured in the Old Orchard mine, employed as a machine man, cutting the widen- ing shot in 41 room on 28 west entry, and it appears to have been a case of starting tr work without first examining the roof which fell and caused his death

Harrison County.

Fall Of Roof.

April 26. Died May 23. — John Vinckit, Pole, 55 years.— Injured m the Roby No. 2 mine, in room No. 9, at the face of 10 northwest entry, by fall of stone while loading coal. Deceased and partner were just finishing loading a car when a piece of stone fell, injuring him so he was removed to the hospital and died from injuries received, on May 23rd. Room was driven feet from entry on the breakthrough, or right hand side, 41 feet from face.

Mine Car.

June 3U. — Mike Mulitzski, Pole, 25 years. Employed ab trip rider in the Majestic mine; while coupling cars he was caught between car and rib just beyond the breakthrough; at this point there is only about four inches between car and rib on this side; on the other side of car was a space of feet. However, the accident would not have occurred had he been on the other side of the car, or if the necessary space had been made on both sides of the track. It is claimed the victim was very ambitious and did not always display good judgment in the per- formance of his duties.

Miscellaneous.

July 2. — Oscar C. Adams, American, 26 years. Employed as an engineer in the boiler room at the Adena mine. Little is known of the accident, as lie was working alone; he had blown the whistle to start to work; the supposition is that after blowing the whistle for some reason he had gone on top of the boiler, and while up there the main steam line, which is a ten-inch pipe, separated at the flange union, and the steam rushing out struck him on the chest, scalding him and bloving him to the hard cement floor below at the back of the boiler. where ho was found a few minutes later with his skull fractured

Mine Car.

September 23. Died September 25. — Mike Uhrich. Austrian, 21 >ears Em- ployed at the Majestic mine as a driver. Accident occurred on 10 left room entry. He hitched his mule to the trip and started, but discovering only one car, the others not being coupled on, he got off of the trip and tried to get to the brake and stop it, when he was caught between car and rib ; the narrowest place between car and rib was nine inches, and the widest place twelve inches. Width of entry wa 7 feet, height 6 feet.

162 ANNUAL RKl*ORT

Fall Of Roof.

November 17. Died November 18. — Andy Zetinchinski, Pole, 37 years. In- jured in Roby No. 3 mine, No. 9 room, on 4th left entry. The breaking shot in the middle part of the room was partly loaded. The draw-slate should have either been taken down or posted : there were plenty of posts and caps in the room.

HOCK I m; county.

Fall Of Roof.

January 27. — George Shannon, American, 28 years. Killed in the Jobs No. 2 mine, near face of No. 15 room, on 4th west, off of 3rd south, by fall of draw-slate. Deceased came out of No. 1(1 room, in which he was employed ; two of the slate men knocked the post out, but the slate did not fall ; they then drove a bar over the top of it initil they saw it give and shouted for everybody to get in the clear. Mr. Shannon, in some way, was caught under the fall; room was driven in 46 feet and 30 feet wide at face; he was standing 19 feet from the face, two breakthroughs were marked off at face to be cut at this crossing.

Fall Of Roof.

March 9. — Samuel McConnaha, American, 20 years. Killed by fall of slate- in Star No. 1 mine, in North hill, on northeast entry. Deceased was employed as trip rider. There had been a small fall of slate, which had been cleaned up. McConnaha undertook to knock the post out with a sledge in order to let the rest of it fall, although he was advised not to do so. as he was standing under the loose slate when it was released, it fell on him. breaking his neck.

Motor.

August 19. Died August 22. — Frank Swycr.>, American, 20 years. Injured in Jobs No. 2 mine by falling off of front end of motor on long north entry, near second west latches, or switch stand. The point where he fell was an old aban- doned switch, which was 22 feet, 3 inches wide, with a row of posts through the center. He was in the habit of getting off and throwing the latches, and opening a door and cutting off a portion of the empty cars for the second west, the other portion going to second east. On this occasion they had twenty empties, with the latches thrown for the west, intending to take the front section east. Mr. Swyers knowing the latches were thrown for the west it is supposed he was going to get off and run ahead to throw th latches. He just raised up off of the seat wiicn he fell forward in front oi the motor, falling on the left hand rail, the motor passing over his right leg, just below the knee, cutting it off. It is supposed be tripped his foot on the draw-bar, although deceased made a statement that he had just raised up and the motorman shut the power off, which checked the motor, and he lost his balance, but the motorman, and the man in the front car, both state they saw him falling and the motorman shut the power off. set the brake and jumped out and caught him.

Fall Of Roof.

Ottolur '2ij. — Peter llegye, Hungarian, .S2 year.s. Killed by fall of draw- >late ill Jobs N'o. 1 mine, in room Xo. 4. on 2 east, in south hill, while drawing ])illars. Deceased was warned post the slate, that it was dangerous, but he -ippears tn lia\e ueen ery eareles. wliich. lu this itistanee. proved fatal.

INSl'KCTOR OF MINES. 153

Jackson County.

Miscellaneous.

January 11. — illard Xornian, American, 18 yeari*. Killed by shot blown through the pillar in the Harper mine, which was fired by Harr>' Gentil, who was working in the next room and failed to notify deceased when he was ready to fire. He considered the pillar was thick and that there was no danger: room of deceased was 31 feet wide, that Gcntil's 2) feet wide. Coroner in his finding, -tates: 'Carelessness was shown, as these adjoining rooms were being worked at :in angU-. which required rigid .<;upervi*iion over same."

Miscellaneous.

January 27. — W'm. C-lylmrn, Xovascotian, TiO years. Killed in the .\lma '2 mine ; he was driving first west entry, on north, it being pick or solid shotiting. Deceased had drilled and tamped hole, using a blasting barrel in place of a needle. When the report of the shot was heard by other miners working near by. and not hearing the shnut "fire" they started to investigate and found him lying unconscious in the roadway, U] t."ct from face of entry, having been bit by riving coal from the sh*>t.

Fall Of Roof.

February o. — Henry liooth. .\merican, 58 years. Kille<l in D. C. & 1. Xo. 2 mine, on straight east entry. Deceased and partners were slabbing or taking a skip off the entr>' pillar, and was mining on a shot which they had fired, when the draw-slate fell ; twelve feet of bottom had been taken up, making it very high and a ladder is used to reach the working place: he was injured feet from edge of bottom.

Fall Of Roof.

February 10. — Edward Hartz, (lerman. 41 years. Killed in Superior Xo. mme, by a circular piece of slate in room No. 16, on 6 west entry, measuring 4A feet in diameter and 6 inches thick. From position in which he was found indi catcd that he was returning to face of the room where his supply of powder was kept, as a tamping bar, needle and cartridge, filled with powder, were found "nder the <iame slate, when he was caught by the fall,

Fall Of Roof.

May 23. — Henry Stewart, American, 52 years. Killed in the Emma Xo. 2 mme. Deceased and his son were working in a cut-off on third west entry on the north, taking a narrow breast, or skip, across the face of a room to reach a block of coal. He was cutting on a shot which they had fired when the slate fell

Fall Of Roof.

August 12. Died August 15. — Charles A. Gatewood, American, 50 years. Injured by fall of slate in Superior No. 9 mine, in face of his room on first east entry on the north. On the evening before a shot had been prepared; he had been warned not to go under the slate, but on next morning he proceeded to mine on a shot when the slate fell. The rock above the slate is good, and the <late should have been taken down.

164 Annual Reihjrt

Natural Cause.

September 9. — Harry Shuff, American, 37 years. Deceased was found dead in the Springfield mine, about 7 :40 A. M. at the mouth of 3rd east entry oo the north, lying on the top of the front car of his trip; he was drnring two mules and had two loaded cars on the trip; judging from the position in which he was found, he was sitting on top of the front end of the car when stricken and fell back on top of the car; he had been subject to heart trouble for a year and was unable to perform hard work. (Not mine accident.)

Miscellaneous.

September 12. — Thomas Oiler, American, years. Killed in the Harpci mine, while attempting to attach a hoist rope to a platform, which was suspende<! feet from the bottom of the shaft, which had been sunk to the workings of the mine, 102 feet deep, and which penetrated a part of the mine inundated with water : a pump was to be installed above the level of the water in the shaft; a wooden platform was to be placed at the bottom of shaft; the distance was miscalculated as to where the ropes and tackle would reach. While stepping on the platform the rope which was placed on the platform, and on which the rope and tackle were to be hooked, broke, precipitating him to the bottom below, causing his death five hours later.

Explosion Of Gas.

September 27. Died September 28. — James Duane, American, 49 years. De ceased was burned by gas igniting with his open light at the cut-off door, between oth and 6th entries. The superintendent and assistant superintendent of the mine were with him at the time. The mine had been suspended for several months, and arrangements were being made to resume : an examination was being made The superintendent asked deceased if it was safe to go with an open light, and was informed that it was. They went through the door on the cut-off on the 6th east entry- and when returning through the door, the assistants in the lead, the deceased, while in the act of closing the door, ignited the gas; the mine officials dropped down into the water in the roadway and escaped ; deceased failed to do so and received injuries from which be died next day. At the time of the accident ventilation was partly cut off on account of water in a dip in the return airway, and probably caused the ga> to accumulate there.

Fall Of Roof.'

Xozembcr 12. — Ennnei Walton, American, 23 years. Killed in Mie Domestic mine by fall of roof, on the outer switch of the motor pass-way, on the north entry, while the miners were ridin: to their working places. When they arrived at the switch the nmle stopped and the miners noticing the. roof titmbling made an attempt to get tr> safety. The mule athe same time pulled the car from under the loose roof, but it fell before deceased could get from tinder it, killing him instantly.

Miscellaneous.

Xoiember 23. — Andrew Tolbcrt, American, 34 years. Killed in the Superior No. 8 mine, by being struck by flying coal from ignited shot; it is not known whether accident was the result of a defective squib or whether deceased lighted both shots together and failed to wait the lawful time after hearing the first shot fired before irointr back

-Inspector Of Minks. 15

lEFFERSON COUNTY.

Fall Of Roof.

January 3. Died January 9. — Andy Bloghy. Bohemtau, ;W years. Injured in Jefferson No. 3 mine while working in room 15, on 10 right entry; the coal had been cut in at the bottom to a depth of 7 feet. The coal had been shot and deceased had a rod with a hook on the end of it, the other end of which was ohise) shaped; while engaged in pulling down the coal a huge block loosened, ausing the rod to puncture the bowels, from which injury Heath resulted.

Fall Of Coal.

January 11. Died January 12. — Frank Zalcsky, Pole, 36 years. Killed in tbc Amsterdam mine, in room 8, first southwest entry ; room was 24 feet wide and feet hi; the coal had not been properly prepared before shooting, and it was necessary to undermine it. when a huge block of coal loosened, falling on him. i-ausing death.

Fall Of Coal.

January 17. — John Yocum, Pole, 40 years. Killed in the United States No. 4 mine, while working in room Nq. 11, off 9 east, which was <lriven a distance of 180 feet from the entry, which was fairly well timbered. The coal had been shot,, but all of it had not been removed; deceased took a pick and tried to pull the coal lown, when part of the cut of coal fell, catching htm. breaking both legs an<I crushing his body; he died two hours later.

Mine Car.

January 19. Died January 22. — David Young, English, 40 years. Injured in the Dunglen No. 2 mine, while employed in room 18, 1st south west entry; five cuts had been loaded out of the neck, and the sixth was being loaded; place was !♦ feet wide and deceased was caught between the car he was loading and the face of the coal, due to the fact that he or some unknown person had left the switch of track leading to his room, open, causing the cars to be thrown off of Xo. 1 east entry into, his room. Coroner states, accident was due to carelessness of person, or persons, whose duty it was to operate the switch leading off of i*ntry into room at the time empty car was taken from entry in room.

Fall Of Roof.

January 22. — John Gaza, Slav, 23 years, killed in the Connor No. 2 mine, in room No. 5, 10 N. W. entry, 80 feet deep, 24 feet wide, and breakthrough on both ".ides 10 feet from face; nearly all the coal had been removed when the stone fell, which killed him. There was one post under it. 7 feet from the right hand rib; tone was 10 inches thick and full of slips.

Mine Car.

January 25. — William Taylor, American, 33 years. Killed in the Jefferson No H mine, employed as mule driver and was in the act of hitching the mule to the car of coal, when at a point in the entry (being down grade) he undertook to pass from back of car to front; the car moved, catching him between car and ♦intry, causing him to sustain such injuries that death resulted immediately Deceased was aware that the passage was too narrow on thi*; <ide. there being 4n abundance of room on the other sidr.

il56 AWl'AI. RKI'ORT

Fall Of Roof.

lcbruary 'IH. — I>naK DaviN. HuriKariaii, 45 years. Injured in the Kohy Nt mine, in room .'J, first S. E. entry, dyinj? two hours later: room was driven a dis- tance of 200 feet entry, with breakthrough on right hand side, 20 feet from face. Place had gixxl roof and fairly well jiosted: coal was all loaded out hut TWO cuts, with no iK)sts under the stone. Deceaed and partner were ordered rake the stone down, hut failed to do so.

Fall Of Roof.

March ni. Johnson. fMiglish, 44 years. Killed in the United Statc*> mine Vt, hy fall of slate, at the face of the No. 4 N. W. entry. The entry orig- nially is feet wide. l)Ut was widened out to 12 feet at the face for the purpose of turning the machine around to cut a breakthrough; they were waiting until the\ loaded out the car take the stone down, but the stone fell on the right hand -ide of entry, striking Mr. Johnson, resulting in death four hours later.

Fall Of Roof.

March 17: died Wh. — Joe Brunslik. I'ohemian. .'U years. Injured in Dillon \o. 2 mine, in room, S west entry oti 7 north face. Deceased and partner were working together and cut was about all loaded out but about three cars; stone was all d>wn, except what was over the coal on the left hand side 'f room. This coal, it seems, had settled down on the bottom, and in order to let u roll over Mr. Itrunslik was punching the IxUtom out with a bar. when the coal and stone fell over on him. crushing him s( that he died in the ho.spital from hi> injuries on March

Mining Machine.

March I'-K. Died March 21. — Vince Millinger, R<>heniian, "Vi years. Injured m Plum Run No. 1 mine, in ronni No. 2, left entry, off No. G ri:ht face. While* .perating a mining machine, the front jack became loose in some way. causing the machine to break and threw it to t)ne side. <leceased being caught in the bits, in- juring him .so that he died on March 21. The coroner, in his verdict states that the accident was due to negligence on the part of deceased for the ft>llowing reasj)ns: l>t. failure to properly set jacks; 2nd, when jack was discovered to be loose, in not notifying the runner to shut the motor off at once; 3d, in working done without the aid )f a helper, as was the custom. Deceased had been working with a i)artni'r. but he had occasion l<i go home some time after nocm, and deceased .ittemi)ted to cut the room alone instead getting some t)ne to assist him — machine wa. a Goddman: shields are made of inch steel; right shield is 2 feet X inches lonj ; left shield "i feet inches lon'<; on the right side, where -leceased caught. '1 bits are exposed when the machine is back, — that is, ncbes tlu chain. The t'ir.st ]it.s extend beyond the frame 3-4 inche*. next V. lU'h. :in(l "tlu-r almost inches.

Fall Of Roof.

Marcii 21. P'cd .ifril 12. — Joe .\ugustitie. Pole. 27 years. Injured in the

!/ S. .\'o .'► iniiK'. District Xo. 2, by a t;ill of stone in room No. 9 on first left

nlry. Ivooni well posted u]) to the poitit where accident occurred. A shot

lad just betii t'ln-d. and they were working down the coal in the "middle, when

'be stoiH- u:i\*. w.i\. bn'.ikini! bis l.ack. causiiiLr 'leath \pril 12.

INSl'ECrOk UF MINKS. 15?

Fall Of Roof.

.ipril \'l. — Win. C Harris, American, 21 years. Kille'l in the Jean mint Accident occurred in room 15, on west entry. Deceased had carried a post up the face to put under the stone, but as it was not the right length, did not set it. intending to tinish loading the car, which lacked about 'iMl pounds of being full i about a ton and a half of tone fell, but wa.s, broken up anrl was a slipper\ nature.

Mine Car.

April — Clarence Cline. American, 2n years. Killed in the Amsterdar., mine. Deceased dropping a railroad car out from under the tipple at th. time of the accident; he was on the front end of car and had a jnecc of churn drill about feet l)ng run through the brake wheel, which he was using for the pur- ]¥se tf tightening the brake. Jt is evident that the piece of drill which he wa> using to tighten the brake must have slipped, causing him to lose his balance and fall : car having moved feet when he fell and car had not attainofi any s|K*ed

Explosion Of Gas.

April 21. — Charles Howarth, American, timbennan, and fourteen hers. Killed by an explosion of gas on the night of April 21st, in the Amsterdam mine, caused., it is believed, by an investigation of the accident, by a door being prcpped open, causing a short circuit of air that pennitted gas to accumulate in the part of the mine where the explosion took place. A full account and detailed decription this explosion will be found on pages 20-27 of this report.

Fall Of Roof.

May 20. — Louie Coleffia, Italian, 4U years. Killed in room Xo. o, Hith right. HI Connor Xo. 1 mine by a fall of stone. Deceased was a machine man, and was engaged in cutting the last cut. Room was properly posted when machine was taken into the room, but were removed in onler to cut the room, and they failoi! to re-set them as the cutting progressed.

Mine Car.

June 13. Died June 15. — Jno. Pesek, Pole. '\'l years, injured in the Dilloi No. 4 room, while engaged in driving a mule hooked to two cars of coal. Ai the place where he was injured there is a cross-over in which the mule was sup- i>osed to be turned, and un-hooked from cars, but as the place was new, the mule failed to resinmd to the driver." The pass-way is not very wide at this place,, and in his effort to direct the mule, was caught between cars and rib and crushed This was a new pass-way, and it was the intention to widen it to provide more room for cars to pass. Had this been done, the accident would probably have been averted.

Mine Car.

June 14. — Grover Smith, American, 21 years. Killed in the Jefferson Xo 1 mine, by being caught and run over by two railway cars at the tipple. He ,'ind two' other men were engaged in placing two rails of track, said track being used to take dirt away from the bottom of the tipple. There seems to have been a misunderstanding between Smith and his partner, his partner dropping the cars down while Smith went on placing the temporary track across railroad track and did not hear the approaching car until he in some way was caught, failing to

158 Annual Kkiokt

tt oft' the track. Curoticr states that from the testimony the men had not been properly warned and it is his opinion that when brake is on the rear end of first car there should be some one to ride front end of the car to give warning to man at brake to see that the track is clear.

Fa4.L Of Roof.

June 22. — Anthony Saraasewski, Pole, 48 years. Killed by a fall of stone in the Piney Fork No. 2 mine, in the No. 2 face entry on the left in the new hill He had been preparing a shot in the face entry, and had loaded car in the entry Whether he heard the stone working, and endeavored to run out or was going back along there for something else, is not known. He was working alone, and was found under the stone just outside of his loaded car.

Fall Of Roof.

June 25. — Olinto Doncinlli, Italian, 46 years. Injured in Connor No. 1 mine at the face of working place in room No. 4 on 14th left entry by fall of stone. Room was just about finished except about two cars. Deceased was using a pick -digging some of it loose when a large stone fell injuring him so that he died while being removed to his home. There was no post under the stone that fell : several posts were in the room but no cap pieces had been cut.

Fall Of Roof.

July 19. — Julius Felice, Italian, 39 years. Killed in the Plum Run No. 1 mine, by a fall of stone; employed as a miner in room No. 25, on 11 right entry While stooping over picking up a lump of coal, the stone fell on him throwing him against a post breaking three or four ribs. There were 16 fairly good props in the room, but no caps furnished for them. The cut of coal was almost loaded out, with no props under the stone.

Fall Of Roof.

August 30. — Wadislaw Zavoski, Pole, 20 years. Killed in the Piney Fork No 2 mine, while he and his partner were employed in room No. 13, on 11th left. He was an inexperienced man, and his partner agreed to look after him. While he was getting a post, deceased, against the warning of his partner, went under the stone which fell killing him instantly. Room was well supplied with caps and posts.

Fall Of Roof.

September 11. — Michael Kosic, Bohemian, 50 years. Killed in the Edgar Nt. 2 mine, while employed as a timberman, by a fall of roof on 10 left motor line, while putting up 1 beam cross timbers near the pass-way. While driving a wooden wedge by the side of one timber, the stone fell, crushing deceased on the head, against one of the loose I beams. This was a very narrow escape for the remainder of the party, and temporary posts should have been put up to support the roof, while place*: for the timbers were being made and placed.

Fall Of Roof.

September 12.-1. E. Allbright, American, 54 years. Killed in the U. S. No. 9 mine, while employed as a motorman. He was taking in an empty trip, and while engaj?cd in conversation with the trip rider, who was riding on the front

INSPKlTOK OK MINKS. 16

oiipt>, a .stuiic tell. The entry is timbered nearly all the way through; at the point where deceased was struck, there were no cross timbers broken, but the stone had come through the lagging breaking them. It is not known whether hr saw the stone and jumped or whether he was knocked off.

Fall Of Roof.

September 26. — Henry Rankin, Scotch, 46 years. Killed in the Zerbe mine by a fall of stone, while working in room No. 21 and 22 off 7th. N. W. Deceased was notified by fire boss that there was a fall near the face of 21 room; on reaching the place he and his son started to clean up this fall, so the machine could cut it. It appears that the place had not been well examined as they were just about to break the stone, when about three or four tons of roof came down, .-<nd caught deceased, striking him on the head and killing him instantly.

Fall Of Roof.

September 24. Died October 2. — Nicholas Ratkowsky, Russian, 37 years. Injured by a fall of stone in the Rush Run No. 2 mine, in room on 11 right entry, while working in a cut-through on right hand side of room. Partner of deceased stated that there were plenty of caps and posts in the room at the time of accident.

Fall Of Roof.

October 3. — Steve Grajek, Pole, 41 years. Killed in the Rush Run No. 2 mme by a fall of stone in room No. 4, 11 right- entry. Coal had been shot on right hand side of room, and four cars loaded out; they then fired a rib shot, and car taken in and commenced to load, and when about one-third loaded, stone and coal fell. There was one post under the stone. Room was driven 76 feet from break- tbronjrh Boss stated that room wa<? done after this cut was loaded out.

Electricity.

October 17. — Luui Bescey, Hungarian, 36 years. Killed in the U. S. No. 7 inme, and was employed as a pumper. The mine at the time of the accident had l>ecn idle for about three weeks. The deceased was with the mine boss, and they were looking the mine over. They had been up to the pump, which is located on the main face entry. They had proceeded about 175 feet away when Bcscey remarked that the jumper used in connecting the wires was not right and that he would change it. He heard him call twice, and on reaching him found liim lying across the track, his head having probably struck the rail and fractured It at the base. The theory advanced as to cause of death was that he in some way came in contact with the electric current, and fell striking his head. Voltage carried was 500 volts.

Mine Car.

October 12. Died October 23. — Injured in Jefferson No. I mine. Frank Cant- ndge. By slipping and falling in front of trip. He was driving on main face pass-way; there were 16 loaded cars on the pass-way, and he was coming with 2 more loaded cars and riding on the front end in readiness to cut the mule loose, when he slipped and fell. His spine was dislocated, and he died on October 23

Mining Machine.

October 27. Died October 30. — Martin Kady, Hungarian, 34 years. Injured the Wabash mine, by a mining machine in room No. P on 8 left. Four nins

160 Annual Report

had been cut, and the niuchine set up for tlie 5th. When the machine was started deceased went along on the right side to oil the chain, -when the bits hit the coal, and caused the front jack to give way, and caused the machine to veer around to the right, catching him in the legs, terribly lacerating them, and causing his death October 30.

Fall Of Roof.

Noz ember 4. — Kotanty Bokaski, Pole, 25 years. Killed in the Jefferson No. 3 mine, by a fall of stone in room 25, on 12 left ei*try. There were three posts under the crossing of stone, and they had just finished loading out all the coal, and were going to take the stone down, when the partner of deceased, who had gone back to breakthrough to cat lunch, heard the stone fall. He does not know whether he knocked the po-t out. causing stone to fall, or whether it was tripped by the fall of stone.

Fall Of Roof.

November 11. — Jos. Dominick, Austrian, 22 years. Killed in the McLain Fire Brick mine, where both coal and clay are mined. The clay had been removed from the room in which the accident occurred, and deceased was engaged in re- moving the coal from the face of the rcK)m toward the entry, when a piece of roof slate dropped, killing him instantly. The slate was entirely unsupported by timbers, not a single timber being used.

Motor.

Deeember 8. — lwrenct Donavan, American, 15 years. Killed at the Dunglen mine, the accident occurring on the outside of the mine, (when both mines were idle), between the mouth of No. 1 mine, and top of incline. He was employed as a trapper, but was not working this day. It is presumed that this boy, who was on the motor, which is used on idle days to shift' cars, jumped off to throw switch, and in some way .slipped and fell across the track, the motor running over him. and killing him instantly.

Fall Of Roof.

October 27. Died December 28. — Jno. Banyek, Pole, 29 years. Employed as loader in the Am.sterdam mine, and had just reached his place of work, and had gone back some 35 feet to fill his lamp with oil, when a stone 2x5x1 fell striking deceased and crushed him to the ground causing death on December 28. Room was fairly well posted, but on examining the roof a clay slip running up into it was found, which cut the roof in such a manner that it wis liable to break off at the posts, which it did.

Meigs County.

Fall Of Roof.

I-ebnuiry 10. — James France, American, 20 years. Killed in the Hobson mine by fall of slate in room No. 1 neck on fith north; place was driven 28 J feet and 7 feet wide with five posts set near the face; mine boss was in the room that mornitij; and told them slate was loose, and to take it down, but as there was only one oar of coal to load, they decided to load it out before taking the slate down.

Mine Car.

/'chrmny Pied Pebrmiry 16. — (leorjic Cline McFarland, American, 17 Injnrc'd in the Maynard mine on hopper by a loaded car breaking loose at

Inspector Of Mines. 161

top of incline which came down on the hoppers like a flash, jumped the track running over the ties probably 120 feet before it left the loaded track; it then took a westward course across the light track, landing on the K. & M. R. R. Mr. McFarland on seeing the cars approaching car jumped off his trip down on the light car track, a distance of 6 feet and ran back toward the running car; just as he got even with the car it left the loaded track, and the car either struck him or a flying timber or a chunk of coal crushed his skull.

Explosion Of Powder.

February 28. Died March 1. — Fred Smith, American, 26 years. Injured in the Charter Oak mine on 16th west in jaws of 22nd room by spark from his lamp which was on his head igniting a keg of powder, which he had on his knee, filling his cartridge. Accident was due to criminal negligence, on part of victim.

Fall Of Roof.

March 4. — Jacob Darst, German, 55 years. Killed in Charter Oak mine by a fall of roof on motor switch ; the place had been examined the day before, by the mine boss and the District Inspector as the water had broken through the slate, and the Inspector advised that cross timbers be taken down, and the loose slate removed and larger cross timbers used, and lagged over top. The mine being idle the rest of the week work was started on it next morning when part of it had fallen during the night. Mine boss told Mr. Darst to take some men and set more timbers on switch and then knock the timbers out from under the loose slate, and take it down. Most of the timbers had been knocked out and Mr. Darst told Mr. Ebersbach to hand him a bar, and he would knock out post on west side of fall. He was advised not to use bar but to use bank rail and knock it out ; he thought it safe and that there was no danger; he used it causing the roof to fall and break his neck.

Fall Of Roof.

September 15. — Ray Rupe, American, 22 years. Killed at the Maynard mine

by a fall of top coal in No. 26 room at face of 8th east entry. The top coal is left

in this mine for roof, which was about 15 inches thick at this point. There

had been a roll which ran across the room 10 feet from face, and the roof coal

had been broken clear across the room; the last row of posts was set under this

roll; which would have been within 5 feet of face; before the room was shot

down a hole had bee ndrilled in the center of this room which was being worked

on th esolid, the powder flying in the roof coal. It appears that deceased must have

been digging when the hole was on the solid as it seemed that a small piece of coal

which had held the top which in digging caused the coal to fall without wammg.

Another piece caught his brother Worley but it struck the car first and lodged

on a chunk of coal on the fioor probably saving his life.

Fall Of Roof.

December 21. — S. P. Farley, American, 57 years. Killed in the Silver Run mine by fall of slate while working in No. 1 west entry in the room neck. His partner, who was also injured, states that they had just pulled down all the loose slate and loaded it out ; then shot the room neck down. The top was then sounded and seemed to be solid.

11 I. Of M

162 ' Annual Report

Fall Of Roof.

December 30. — Levi Dodson, American, 64 years. Injured in Maynard No. 2 mine by fall slate in No. IB i;oom on No. 1 north, and died two and one-half hours later. After deceased had shot the last hole in the breakthrough he com- menced to load a car without first examining the top and had not loaded more than 100 pounds in the car when he was caught. Son of deceased who, at the time of the accident, was employed with his father, stated that he was very careless, and no one was to blame but himself.

Muskingum County.

Fall Of Roof.

March 1. — Norman C. Smith, American, 25 years. Killed in Elk Mine by fall of roof while in the act of loading a car of coal in room No. 3 off lirst west entry which was driven 28 feet from entry and 18 feet wide at place where accident occurred. The fall took place between face of room and post, deceased was shovelling coal in car when fall came. There were 12 posts in room.

/

Xoule County.

Fall Of Roof.

February 21. — Michael Kocik, Slav, 45 years. Killed in the Golden Rod mine by fall slate in No. 4 north entry, driven about 11 feet wide; deceased was working single and was found dead under fall about 11 :20 A. M., holding pick in his hand, and it is presumed he was killed shortly after driver delivered first car, as no work had been done in the place towards drilling the west rib hole. The place was not properly timbered to meet conditions as revealed by the fall.

Natural Cause.

March 14. — John Boyd, American, 60 years. Found dead in the Imperial No. 3 mine; death was due to natural causes; employed as stable boss and while engaged in wheeling bales of hay in cars for use in the mine, was seen to sink down on his knees, dying while being carried into the engine room. Death was due to acute dilation of the heart. ( Xot mine accident.)

Fall Of Roof.

October 8. — Simon Storosko, Slav, 26 years. Killed in the Noble mine by fall slate; employed as a day hand and worked at night; they were engaged in .'shooting down top and lillinti a swale, and had prepared two holes, and powder ready to blast. There was a cross timber across the entry about ten feet from these holes and supported the rock which killed him. He was cautioned by the mine boss not to knock out the post under the end of the cross-timber but failed to heed the warning, and knocked the post out, the slate falling and killing him.

Fall Of Roof.

December 13. — G. \V. Love, American, 40 years old. Killed in Curtis mine. Mine where accident occurred was an old one, and had not been worked for years.

Inspector Of Mines. 163

and was cleaned up with the intention of starting an entry south near the mouth but went further back to get some pillars which were accessible and could be removed with safet>'. While cleaning up a pillar slate fell and caught him.

Perry County.

Mine Cars.

September 28. — Alex Angle, American, 46 years. Killed in the Central mine by being struck by a trip of empty mine cars; deceased was standing on passway by the side of the loaded trip of coal about 80 feet from switch, when cars were cut loose from -motor. There were 14 empty cars in trip, and front car jumped the track about 20 feet from where Angle stood, and caught him between loaded cars and empties and injured him so that he died the same day

Fall Of Roof.

October 17. — Walter Snedden, Scotch, 21 years. Killed in No. 9 mine by fall of top coal and slate while loading a car of coal in a room 16 feet from entry; was 9 feet wide within 10 feet of face, and was widened to 16 feet. Killed within 8 feet of face.

Miscellaneous.

December 19. Died December 27. — Chas. Reed, American, 33 years. Injured in Chapman No. 1 mine, in a machine shop while in the act of putting a belt on the pully wheel while the motor was running, which caused the ladder on which he was standing to slip by a sudden jerk given it, and his arm was caught between belt and wheel, dislocating his arm and shoulder and causing his death on December 27.

Scioto County.

Fall Of Roof.

September 15. — Jno Fulk, American, 54 years. Killed in the Globe Lime mine, deceased and partner were loading limestone in neck of a room which had rock roof; a strata of slate 10 inches thick overlays the limestone, and is always taken down, if not shot down with the limestone. A shot had been fired, leaving a large piece of slate hanging at the face; assistant mine boss ordered these men to take slate down; they tried to pull it down with a bar and failed; then started to load a car under it; the car was nearly loaded when the slate fell catching deceased causing injuries from which he died, the same day.

Stark County.

Fall Of Roof.

January 18. — Jos. Eckway, American, 38 years. Killed in the Canton Pert. Ume mine: was employed as a miner driving second east entry. This is the No. 4 seam of coal and is overlaid with limestone roof, in which crevices are numerous

164 Annual Report

and dangerous at times; deceased was barring in at the face of the entry when stone fell, striking him on the head.

Fall Of Roof.

January 19. — Jas. Evans, Welsh, 23 years. Killed in Fox No. 12 mine; was employed as a miner and was barring off a shot. There were slips in the stone that was over-hanging where he was working, which came down killing him in- stantly. He was working on the north side of shaft in room No. 1, parallel to face entry, and room was driven 150 feet from entry; nearest post to face, 10 feet. Breakthrough at face; room 19 feet wide; 18 posts in room not in use.

Fall Of Roof.

February 8. — 'k Whittnian, German, 50 years. Killed in mine No. 30 in No. 8 room No. 1 entry. Room was driven 14 yards from entry. There were four rows of posts in room which was 24 feet wide, nearest post to face was 14 feet. These were the road posts. Deceased was working on left side of room between face and post.

Natural Cause.

September 3. — Arch Wagner, AnuTicau, 22 years. Killed in Davis Mine. Employed as day hand; mine had been idle for about five months. He and his brother were cleaning up and had commenced to pump the water out. Deceased was to run the pump on Friday night. On the morning of September .3 Jno Wagner went into the mine and found him about 15 feet from the pump in the place where they had left. Death was supposed to have been due to heart failure. (Not mine accident. ")

Fall Of Roof.

September 2D. Died September 30. — Conrad Byfuse, German, 50 years. Injured in Massillon City mine, by fall of stone in room No. 3 2nd west butt entry. Room was driven about 50 feet from entry, a breakthrough was at the left hand side of room; the nearest post to face on left side was 10 feet on the right side, nearest post 40 feet. The stone which came down and caused death of deceased fell between posts and face of coal ; roof is very dangerous in this mine, and places are visited every other day by the man in charge.

Natural Cause.

November 12. — Ray McTDonald, American. IC years. Killed in the Clay Pit,, while visiting a grand-parent ; the deceased and some companions visited an abandoned clay pit, and while in the act of mining some of the coal, which had out-cropped, four tons of shale came down on him killing him instantly. ( Not mine accident.)

Tuscarawas County.

Fall Of Roof.

March 5. — Jno. Haker, American, years. Killed in the Advance Coal mine by fall of stone, in a small mine employing five men. This was an unforeseen accident and happened in the first room in the cut-off entry which had only been driven 160 feet from face entry The room neck had just been driven in 10 feet

Inspector Of Mixes. 165

6 inches from entry at a uniiomi width of 12 to 13 feet. The width of place at face was 13 feet 7 inches; a slip in the roof had crossed the entr>* from the old room causing stone to fall '

Fall Of Roof.

.-ipriJ 23. — Matthew Hawkins, American, o4 years. Killed in the Royal Goshen Xo. 3 mine, :n a room on the left of the main air-course, by a fall of stone. Xeare>t rooms had been driven in a vrooti distance and have, on account of had stone, been cut off in many places. The nom was well pt'isted, to within 5 feet 4 inches of the face, in center of room: a had been fired from a center shot and also from the rib shot. From appearances the powder from the center shot had entered the roof at a slip, the rib .hot seems not to have knocked, and evi- dently in working at this rib shot it weakened the roof causing the stone to fall :n>i:intly killing him.

Wayne County.

Fall Of Roof.

Fchruiiry 26. — James H. Humble, English, 24 years. Killed in No. 21 mine in room Xo. 4 2nd east entr>'. Room 28 feet wide, the nearest post to face being o feet. Deceased was in the act of shovelling under a piece of draw slate which had not come down. It gave way killing him instantly.

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AXXr.XL RKPORT

TABLE SHOVVJXG THE NUMBER A\D CHARACTER OF THE PERMA- NENT IMPROVEMENTS MADE THE MIXES OF THE STATE BV COUNTIES DURING THE YEAR 1910.

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Carroll

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INSlh:CT()U OF MINKS.

TABLE SHOWIXG THE NUMBER AND CHARACTER OF PERM WENT IMPROVEMENTS MADE IN THE AHNES OK THE STATK FRO.\l 1S84 TO 1!>10, INCLUSIVE.

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IXSPECTuR OF MIXES.

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TABLE SHOWING TOTAL XTMBER AND KIND OF SCALES TESTEO IN E.\CH COUXT\\ ALSO NXMRER FOUND CORRECT AND NUM BER FOUND INCORRECT.

Railroad Platform. Hopj>cr.

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Percent found correct t)7

Percent found incorrect 339f

Total number of platform scales tested 5

Percent found correct 80%

Percent found incorrect 20%

Total nunil)er of hopper scales teste<l 58

Percent found correct 86%

Percent found incorrect 14%

Percent found correct of total number tested 83%

Percent found incorrect of total number tested 17%

it2 sets correct: 13 sets incorrect: total 75 sets teste<l.

Of M.

Annual Report

TABLE SHOWlxVG THE NUMBER OF SCALES TESTED, AND RESULT OF THE EXAMINATION FROM 1887 TO DECEMBER 31, 1910, IN- CLUSIVE.

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1899 112

1900 ; 131

1901 139

1902 ; 154

1903 : 188

1904 230

1905 225

1906 163

1907 149

1910 1 75

'I'otals 2,575

(>2

Production Of Fire Clay.

Ixspfxtdr (F M1Nk>.

TAFILE SHOWlNXi THE PRODLVTION OF FIRE CLAY FOR THE YF:aR \9hi AS COMPARED WITH AND THE Xl'MHER OV PEKSOXS EMPLOYED.

y.

y.

s 1

55 s

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I'.clminit . larroll .. 1 ii'crnsiv . Hickinju . Holmes . .

Lawrence Mal:oninji

Musk'V""! Perry . . .

Stark

Summit .. Tu'icara's Yiiit'ni ..

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D(i.097

287 . 42r.

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Total niMnhcr tons pnKluced in l!)lo 2.028.8.V2

Total number tons produced in 2.28JI.088

Xet Los.s 'im,'l'M\

Averajic days worked in lOlo 2.M)

Averaje days worked in ll>0f> 201.

Xet Loss 7

Total number men employe<l in lOln 1 .242

Total number men employed in lf>09 1 ..'HO

Xet Loss 77

ANNl'AL RKI'ORT

TABLE SHOWING THE MRE CLAY PRODUCTlOX OF THE STATK FROM JANUARY J. 1884. TO DECEMBER ;U, 1910. INCLUSIVE.

c.'irs.

Output Tons.

1884 lS.2ti8

188.J i:;j,7:)(>

188<) *2(56.709

1887 .S*M).47()

188H I 471,794

188!) ..[ 574.129

1890 888, 159

1891 ; 1 ,087,500

1892 ! 1 ,258, no

1893 ; 1.032.848

1894 : 942.918

1895 1 844,832

1896 . : I 827,450

1897 1 822,727

1898 1 .020.922

1899 ; 1.178,697

1900 ' 1 ,478,088

1901 , 1 ,887, 181

1902 : 1 ,528,829

1903 1 .507.008

1904 1 2,045,848

1905 ' 2,039.292

1906 ' 2.126,179

1907 : 2,177,174

1908 ' 2,004,019

1909 i 2,289, 08&

1910 ' 2,028.852

Gain.

! 112,958

i 105,818

: 102.885

i 259.030

! 254,401

I 165,550

86,887

285,069

299,391 j

.88,774

14.45/

220. 762"

17.:J8l>

1.72: 1

25>

260. 28f;

Production Of Limestone

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Inspector Of Minks.

TABLE SHOWING THE PRODUCTION OF IRON ORE BY COUNTIES DURING THE YEARS 1909 AND 1910 AND THE GAIN AND LOSS IN EACH COUNTY.

Counties.

J ackson

I-awrenct

Ferry

Scioto '

Tuscarawas ;

Totals '

Note — Net loss, 2,673.

Tonnage ! Tonnage

12,392

Gain.

9,248

2.521 2.129 :

Loss.

i!664

Table Showing The Iron Ore Production Of The State

From 1884 To 1910 Inclusive.

Blackband.

Hematite.

Years.

o

O

O

1885 '; Tii.im

1886 a,947

1887 j 87.965

1888 : 82.054

1889 ' 70,398

ia90 j 41.848

1891 15.540

1892 1 8.680

1893 f 3.837

1894 i ; M7

28,550

26,308

6,860

13,012

188,646

289,500

171,298

182,011

127,240

52,444

81,042

64,423

58,043

93,051

50,267

51,659

25,359

52,266

41,325

10,681

12,995

20,652

14,207

8,515

2,423

2,120

12,392

9,719

6,380

20,498

i6;94i

30,644

6,445

5,692

O

71,891

io.7i3

28,598 i

26,907*:

2,314

10,272

ft

276,28(

344,484

377,465

252.40!)

67,984

58,043

25,35!>

52,266

12,995

8,515

2,421

12,392

Production Of Gypsum

I Of M.

Insfkctur Of Mines.

TABLE SHOWING COMPARISON OF GYPSUM PRODUCTION OF 1910. COMPARED WITH 190P; NUMBER OF EMPLOYES; DAYS WORKED DURING 1910;

County and Companif.

Ottaivo County

Anurican Gyp- siiin Co

L'nitetl States ( iypsiim Co.-. .

Totals

o

O rr.

108,517

o

o

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97,525

228.804 213,325

Co O

7,283

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Note.

Average days worked 21)7

Average tons produced for each man for the year lOlo 527

Average tons produced for each man per day 1.8

Loss in tonnage as compared with 1909 15. 479

Mine Maps

Inspector Of Mines. 21&

DEPARTMENT OF MINES AND MININc;.

State Of Ohio,

Office Of

Chief Inspector Of Mines Columbus, Ohio.

The designing of the accompanying schedule has been found necessary, owing to the lack of conception on the part of mining engineers, operators and mine managers as to what a map shall exhibit in order to possess some value. This is evidenced by the continued filing with the Department of maps that are either so carelessly delineated, inaccurately drawn, or that many of the essential ele- ments are cither omitted or are so poorly set forth as toirender the maps almost worthless.

It is the desire of the Department that hereafter ma|)s designed for tiling srhall be compared with this schedule and made to conform with its requirements as closely as possible.

What A Map Shall Exhibit In Order To Be Complete

And Comply With The Requirements Of

The Department And The Law.

The Map Must Show —

1 he name of the mine

'ihe name of the company

Their postoffice address

I ownship, county and state where located

Xame and address of mining engineer

Date on which survey was made

The top of the map to the north, with a nortli point

The scale on which the map is drawn

Scale to be not less than two hundred feet per inch

Streams and bodies of standing water

Kinds of openings and their locations

Lines of railroad, public highways, oil and f2:as wells, niaga/inf<i. and buildings.

plainly marked with the name of each

Direction of air current or currents indicated by arrows

Boundary lines and names of owners of surface

Boundary lines of the territory and for not less than 500 feet contiguous thereto. . Township and county lines, with the name of each plainly marked close to an<l

parallel with such lines

Section lines and their numbers

Excavations and connections with the surface survey

Location and extent, as far as known or obtainable, of the excavation of any

other mine or mines within the limits of the map

Boundary lines of tracts of coal owned or lea.scd within the limits of the mw. . . .

ANNl-AI. RKI'UKI

Elevation of tioor of excavation at or near the boundary line or lines

Valleys which displace the coal

ITie line and extent of the entries

The course and extent of the rooms

The drawing of pillars

The limit of the coal deposit or basin

The name or numbers of the vein as it is geographically known

1 f above drainage, the outcrop

The location of the fan or furnace

The location of pumps, boilers, or otlicr machinery in tlu- mine

The line and extent of horsebacks or faults

The line and extent of any interruption in the coal basin

Indicate the working places which are approaching the workings of an abanJoi

mine, the limits of which are not known by actual survey

Map must show breakthroughs in entries and rooms.

The wagon roads should show what points they connect,

Suggestions.

If the excavation of your mine does not exceed 15,000 cubic yards, the ll requiring a map of it being filed with the Department does not apply to you, .T| upon receipt of this notice you should reply at once. i

Your map should show the amount of coal left in the entry ribs and ro pillars.

Lines of entries should be shown by double lines.

All maps must bear the following certificates and acknowledgments, proju'i signed :

All extensions of entries and leading places to maps, in whatever directil they are added, should bear the year and date in which they were made, indicatil the beginning and ending of all additional extensions. I

Form Of Certificate Of Engineer.

1, the undersigned, hereby certify that this map is correct, and shows the information required by section nine hundred and thirty-five of the Gme: Code, and covers the period ending

Engineer.

Acknowledged before me a this

day of ,

Form Of Certificate Of Mine-Foreman.

I, the undersigned, hereby certify that I am a mine-foreman at the mi represented by this map, and to the best of my knowledge and belief the sa correctly represents the excavations of the mine for the period ending

Mine-Foreman.

Acknowledged before me a this

day of ,

Note — These certificates should be copied on \our original tracing wit blank line spaces so that the signature of the engineer and mine boss vouM M mserted on the blue-prints filed with this office

si

t

Inspector Of Mines. 217

Notice.

On and after June 11, 1910, all maps filed must conform with the following section of the Mining Laws before they can be accepted by the State Mining Department.

Section 935. The owner, lessee or agent of a mine having an excavation of hftecn thousand cubic yards, or more, shall cause to be made, on a scale of not less than two hundred feet per inch, an accurate map thereof, which shall show the following: The boundary lines and names of the owners of the surface of each tract under which excavation is made, and for not less than five hundred feet contiguous thereto, and under which excavations are likely to be made dur- ing the ensuing year, together with all streams and bodies of standing water ; the township and county lines coming within the limits of such map, with the name of each plainly marked close to and parallel with such lines ; the title, the name or number of the- mine, or both, the township and county in which located ; the section lines, with the number of each, marked plainly within the sections : the location of the mine openings, railroad tracks, public highways, oil and gas wells, iTjagazines and buildings, and plainly marked with name of each ; the location ind extent of the excavations and connection with the surface survey; the di- rection of the air current, or air currents, by arrows; the location and extent, so far as known or obtainable, of the excavation of any other mine or mines within the limits of the map ; the boundary lines of the tracts of coal owned or leased within the limits of the map; the elevation of the floor of the excavation, above mean tide at Sandy Hook, at or near the boundary line or lines of the coal owned or leased where the coal is adjacent to coal owned by a person, firm or cor|)ora- tion. other than the owner or lessee of such mine, and where the excavations of such mine cease or may be approached by another mine, at points not exceed- ing three hundred feet apart, and references to some permanent monument near the main opening of such mine, and shown on the map and plainly marked bench mark, with the elevation of same.

CIRCULAR LETTER MAILED TO MIXING ENGINEERS AND COAL COMPANIES RELATIVE TO THE FILING OF COMPLETE MAPS."

State Of Ohio,

State Mining Department

CoLUMBi-s, Ohio i>KAK Siks : —

Owing to the incompleteness of many of the maps received at this office, rtiid also to frequent inquiries which are made in regard to information required au maps under the new Mining Laws, we have been able, through the courtesy if one of our leading coal operators and member of the late Ohio Mining Com- mission. Mr. J. J. Roby, to publish a map which we consider reasonably complete II] detail as required by Section 935, and which we would suggest as a guide in making maps to be filed in this office.

Especially do we desire to call to the attention of engineers the importance of showing the Government bench marks and elevations which Section 935 re- quires, and for lack of which it has been necessary to return many of the maps filed with this department.

We also desire to suggest that blank forms of certificates of the mining engineer and mine- foreman be made on the original tracing so that they will be

218 ANXl'AL KKIMIRT

.Oiown on the blue print, and save time ami trouble and tbe possibility of printeif otes becoming detached and lost.

The new Mining Laws having now been in effect nearly a year, future map:* positively cannot be accepted and must of necessity be returned, unless complying with the full requirements of this Law as exhibited on the enclosed map.

Yours very truly,

Geo. Harrison, Chief Inspector of Mines

Appointments.

Inspector Of Mines.

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