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AUTOMATIC DOOR LEGAL IN OHIO.
In response to a request from George Harrison,
chief inspector of mines for the state of Ohio, the
office of the attorney general of that state has
transmitted an opinion confirming the legality of
automatic mine doors. Mr. Harrison summed
up his request in the following questions:
First: "Is an automatic door operated by the
traveling of mine cars which are always under
control of some engineer, motorman or mule driver,
a fulfillment of the requirements of Section
301, covering the question of doors in mines?"
Second: "If there is technical objection to an
automatic door in mines as provided in Section
301, has this department a right—in the exercise
of its discretionary powers given it in the sentence
beginning 'The inspectors,' and ending, 'remedied,'
in Section 292—to permit, authorize or advise the
use of automatic doors as main doors in mines?"
The following reply was made:
"In all mines, whether they generate flre damp
or not, the doors used in assisting or directing
ventilation of the mine, shall be so hung or adjusted
that they will shut of their own accord
and cannot stand open; and all main doors shall
have an attendant, whose constant duty shall be
to open them for transportation and travel, and
prevent them from standing open longer than is
necessary for persons or cars to pass through."
There is also contained in Section 292 of the
Mining Laws, this provision:
"The inspectors shall exercise a sound discretion
in the enforcement of the provisions of this
act, and if in any respect (which is not provided
against by, or may result from a rigid enforcement
of any express provisions of this chapter), the
inspector find any matter, thing or practice in or
connected with any such mine, to be dangerous
or defective, so as, in his opinion, to threaten or
tend to the bodily injury of any person, the inspector
may give notice in writing thereof to the
owner, agent or manager of the mine, and shall
state in such notice the particulars in which he
considers such mine, or any part thereof, or any
matter, thing or practice to be dangerous or defective,
and require the same to be remedied."
Since receiving this request, I have, in company
with the chief inspector of mines, visited one
of the principal coal mines of the state, and have
seen in operation the automatic doors referred to
in your request. While section 301 provides that
an attendant shall be placed at all main doors,
it also contains provision that said doors shall
be so hung, or adjusted, that they will shut of
their own accord and cannot stand open, and
designates as the duty of the attendant to open
those doors for transportation and travel. The
automatic doors used are not only hung and adjusted
so that they will shut of their own accord,
THE COAL TRADE BULLETIN. 35
but are so arranged that they will open of their
own accord. This being true, wliere automatic
doors are used, there exists no necessity for an
attendant. The law does not intend a vain thing,
and, from my personal observation, I am of the
opinion that the automatic doors referred to are
so hung and adjusted that they will open and
close of their own accord, and that it is not necessary
to place an attendant at said doors to open
them. This question, however, rests in the sound
discretion of the mine inspector under the provisions
above referred to in section 292, and, if in
the sound judgment of the inspector, the automatic
door is better adapted for the ventilation
of air, and is less liable to injure occupants of
the mine, he has the authority to permit their
use. Very truly yours,
W. H. MILLER.
Asst. Attorney General.
SUNDAY CREEK MERGER COMPLETE.
The merging of the Sunday Creek Coal Co. and
other coal, railway and dock properties into a
combination taking the name of the Sunday Creek
Co. and controlling property estimated to be
worth $500,000,000, was completed in New York
on July 27. The companies included are: the
Sunday Creek Coal Co., the Buckeye Coal & Railway
Co.. the Ohio Land & Railway Co., the Continental
Coal Co., the St. Paul & Western Coal Co.,
the Boston Coal, Dock & Wharf Co., and the Kanawha
& Hocking Coal & Coke Co.
Tiie seven coal corporations thus combined own
properties scattered throughout Ohio and West
Virginia, and employing some 16,000 men. In the
consolidation leading officers of the various companies
drop out to make room for those who figure
in the reorganization, which becomes effective
to-day. The stockholders elected the following
directors: John H. Winder, president of the Sunday
Creek Co.. Columbus; C. W. Watson, president
Fairmont Coal Co., Baltimore; S. P. Busch,
vice-president and manager Buckeye Steel Casting
Co., Columbus; C. L. Poston, Athens, O.; E. A.
Cole, Columbus; H. H. Heyner. vice-presment, Columbus;
Alfred Hicks, president Allegheny Steel
& Iron Co., Pittsburgh: and Louis B. Dailey. of
New Jersey. The directors subsequently elected
Mr. Winder president and general manager of the
new conipany.
Excursion Fares to Detroit via Pennsylvania Lines.
August 14th and 15th, excursion tickets to Detroit,
account Imperial Palace. Dramatic Order
Knights of Khorassan, will be sold via Pennsylvania
Lines from all ticket stations. For full information
regarding fares, time of trains, route",
etc., apply to J. K. Dillon, District Passenger
Agent, 515 Park Building, Pittsburgh, Pa.