REPORT OF COMMITTEE ON UNIFORM MINING LAWS FOR PREVENTION OF MINE ACCIDENTS"

TO THE

AMERICAN MINING CONGRESS.

AMERICAN INSTITUTE OF MINING ENGINEERS.

MINING AND METALLURGICAL SOCIETY OF AMERICA.

The committee that makes this report was appointed at the meeting of the American Mining Congress, at Denver, Colo., in November, 1906. The appointment had in view the drafting of a law for the regulation of quarrying and metalliferous mining under the police laws of the States, with the hope that the uniform adoption of such a law could tend to reduce the number of accidents in mining.

Since its appointment, the committee has had under serious and continuous consideration the matter with which it was charged. At the meetings of the American Mining Congress in 1907, 1908 and 1909, it reported progress. At the meeting in 1909 it was authorized to present its report not only to the American Mining Congress, but also to the American Institute of Mining Engineers and the Mining and Metallurgical Society of America, and to present its report in printed form during the interim between meetings of the American Mining Congress.

The committee collected from the officials of the States of the Union copies of their mining laws. With the assistance of the Engineering and Mining Journal copies of the laws of Great Britain, the Transvaal, New South Wales, Victoria, Queensland, Western Australia, Tasmania, New Zealand, and certain European countries were also obtained. These laws were subjected to careful study. The first publication of the committee was a summary of the more important metalliferous mining laws of this country. Upon the basis of the existing laws of the States of the Union, Great Britain, and the English speaking colonies, a tentative draft was prepared and printed in limited number in 1909, for convenience in securing the advice and criticism of a considerable number of persons engaged in the mining industry. In this way valuable suggestions were received.

At the request of the chairman of this committee, Mr. Frederick L. Hoffman, statistician of the Prudential Insurance Company, of Newark, N. J., summarized and reviewed the available statistics of fatalities in metalliferous mining in the United States. Mr. Hoffman's report was published in the Engineering and Mining Journal of March 5, 1910, and accompanies this report as appendix B. No such summary of fatal accidents in the United States has heretofore been compiled, so far as we are

aware.

The deficiencies of his report are frankly recognized by Mr. Hoffman. He has made the most out of the data available, but unfortunately, to the discredit of our mining industry, the available data are scanty. For only

a Transactions of the American Institute of Mining Engineers. This Report is published by the Society as subject to revision.

six States has it been possible to secure statistics extending over a long series of years. The other States do not report them. Consequently, the figure reached by Mr.Hoffman must be regarded as indicative rather than as absolute.

The probability is, however, that the actual ratio of fatal accidents in metal mining is larger than the figure reported by Mr. Hoffman, because his figure is based chiefly upon the States which have provided the best mining laws and the best systems of mine inspection. The good of these things is clearly shown by the statistics. Thus, in Colorado and Montana, which among the Western States are conceded to have the best laws, the general tendency of the fatality ratio has been downward. We are led to believe that if those States and Territories like California, Nevada, Arizona, New Mexico and Utah, which have not had either adequate mining laws or systems of mine inspection, could be summarized in the same way, the general ratio of lives lost per 1,000 men employed would be increased.

Mr. Hoffman clearly established something that has been strongly suspected, namely that the loss of life in metal mining in the United States is fully as great as in coal mining. Mr. Hoffman has arrived at the average of 3.09 per 1000 in metal mining, as compared with 3.13 in coal mining. Bearing in mind the condition that we have mentioned above and the fact that the statistics for coal mining are far more complete than for metal mining, we surmise that the loss of life in metal mining in the United States is actually larger, proportionally, than in coal mining. This emphasizes the importance of a movement to remedy bad conditions.

DRAFT FOR A LAW.-The chief work of the committee has been in the preparation of a draft for a law. In this work it has invited and received the assistance of several members of the bar, especially Dr. Rossiter W. Raymond, of New York, E. E. Ellinwood, Esq., of Bisbee, Arizona, and Archibald Douglas, Esq., of New York. To the valuable co-operation of Mr. Douglas, who devoted a great deal of time to the matter, particular acknowledgment is due. Mr. Douglas prepared the draft for a law finally adopted by the committee, which accompanies this report as appendix A.

In the preparation of this draft, the committee has had in mind the preparation of a law that will be effective, and not merely a code of rules and regulations of which the enforcement will be largely optional. The committee has aimed to fix responsibility upon operator, superintendent, foreman and miner respectively, and the failure on their part to comply with the terms of the law is to be punishable by suitable penalties. The enforcement of the law is charged primarily upon the inspector of mines, who is to be to all intents and purposes a policeman.

The conditions of mining in the various parts of the United States are widely different. The basic laws of the several States also differ to more or less extent. It has been beyond the ability of this committee to draft a law, which it can say with assurance will be equitable under all conditions obtaining in mining in the United States; or will be in conformity with the basic laws of all the States. Consequently, the committee presents its present draft as a preliminary, and invites criticism for its assistance in preparing a final report.

Although the duties of this committee were limited to quarrying and metalliferous mining, the committee suggests that its draft for a law may advantageously be made to apply to all kinds of mining in those States

which have no special colliery law. Coal mining and metal mining do not differ in principle to so great an extent as is popularly supposed. The fundamental rules for safety in metal mining apply also to coal mining, but the latter has dangers peculiar to itself which should be considered in special provisions in those States where coal mining is extensively carried

on.

MINE INSPECTION.-In the opinion of the Committee, the essential steps toward reducing the loss of life in metalliferous mining are (1) a comprehensive and effective law; and (2) an adequate system of mine inspection. The latter is the keystone of progress. Much can be accomplished by an adequate system of mine inspection, even if a comprehensive law be lacking, but no matter how thorough and effective in theory a law may be, it will fail in its purpose unless provision be made for its sincere, impartial and positive enforcement by an adequate system of competent mine inspection.

To secure such a system of mine inspection, the States must appropriate a good deal more money than any has yet done. Each State must have a mine inspector, and he must be provided with a sufficient number of deputies to enable frequent inspections of all operating mines to be made. One inspection of a mine in a year is not enough. The inspector and deputies must, moreover, be provided with proper funds for clerical work, traveling expenses, etc. So far as we are aware, the State of Colorado makes the largest appropriation for inspection of metal mines, its appropriation being $25,000 per year. Other important mining States appropriate, only $10,000. In the opinion of the committee, such appropriations are utterly inadequate. For States possessing a mining industry of the importance of that of Colorado, Utah, Montana, Nevada, California, and, in fact, all of the States and territories west of the Rocky Mountains, an annual appropriation of $50,000 to $100,000 per State is necessary. Such expenditures are thoroughly justified by the importance of the end to be gained. At the present time the number of persons killed annually by accident in the metalliferous mines of the United States is probably in the neighbourhood of 500, estimating upon the rate of 3.09 per thousand, as determined by Mr. Hoffman. In many important foreign countries, the death rate is less than 1 per thousand. We operate in this country at a more intense rate than in many foreign countries, and perhaps our death rate per tonnage of ore produced per man would not compare so unfavorably, and because of this more intense operation. it may be impossible for us to attain the low rates of some foreign countries. It must be borne in mind that it is not only underground, but also overground, that accidents are more numerous in this country than in Europe. There is a spirit of recklessness in this whole land that leads people to take risks that the European population avoids. But certainly our mining practice is capable of great improvement with respect to the safety of the miners, and the magnitude of the annual loss justifies a large State expenditure for the purpose of its reduction.

Consequently, the committee emphasizes strongly that the reduction of loss of life in mining is dependent chiefly upon the money that the people of the respective States are willing to spend for the enforcement of their mining laws, and in such expenditures the committee urges great liberality.

It is essential that mine inspection be impartial-absolutely free from all political, personal and selfish interests; and, moreover, that it be competent. In its draft for a law, the committee has incorporated, after very careful consideration, qualifications for mine inspectors, which, in its opinion, will provide the essential conditions stated above.

New York, Sept. 1, 1910.

Respectfully submitted,

WALTER RENTON INGALLS, Chairman.

J. PARKE CHANNING

JAMES DOUGLAS

J. R. FINLAY

JOHN HAYS HAMMOND

APPENDIX A. AN ACT, ETC.

SEC. 1. DEFINITION OF TERMS.-The terms of this Act shall apply to all quarries and metalliferous mines in the State of employing more than 10 persons in any period of 24 hours.

MINE. The term "Mine" when used in this Act is intended to include quarries and prospect openings; and to mean any and all parts of the property of a mine, prospect, quarry and mining plant on the surface or underground which contribute directly or indirectly to the mining or handling of minerals. But the term "Mine" shall not apply to collieries.

OPERATOR. The term "Operator" when used in this Act means the person, firm or body corporate in immediate possession of any mine and its accessories as owner or lessee thereof, and as such responsible for the condition and management thereof.

SUPERINTENDENT. The term "Superintendent" when used in this Act means the person who shall have the immediate supervision of the mine.

MINE FOREMAN. The term "Mine Foreman," when used in this Act, means a person who is charged at any one time with the general direction of the underground work.

INSPECTOR and DEPUTY. The term "Inspector," when used in this Act, signifies the State Inspector of Mines, and the terms "Deputy" and "Deputy Inspector," when used in this Act, mean a State Deputy Inspector of Mines.

EXCAVATIONS OR WORKINGS. The words "Excavations" and "Workings" when used in this Act, signify any or all parts of a mine, excavated or being excavated, including shafts, tunnels, entries, galleries, open cuts and all working places, whether abandoned or in use.

SEC. 2. OFFICE OF INSPECTOR OF MINES.-The office of Inspector of Mines for the State of is hereby created.

The Governor of the State, by and with the advice and consent of the Senate, shall appoint such Inspector of Mines. The Inspector of Mines shall be at least 30 years of age, a citizen of the United States, a resident of this State for at least one year previous to his appointment, and shall be practically engaged in metalliferous mining, and shall have had at least