Haddock v. Commonwealth ex rel. Williams

103 Pa. 243, 1883 Pa. LEXIS 146
CourtSupreme Court of Pennsylvania
DecidedOctober 1, 1883
DocketNo. 207
StatusPublished
Cited by6 cases

This text of 103 Pa. 243 (Haddock v. Commonwealth ex rel. Williams) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Haddock v. Commonwealth ex rel. Williams, 103 Pa. 243, 1883 Pa. LEXIS 146 (Pa. 1883).

Opinion

Mr. Justice Clabk

delivered the opinion of the court,

This case involves the proper construction of the third section of the Act of March 3rd 1870, entitled “An Act providing for the health and safety of persons employed in coal mines.” P. L. p. 3.

The fifth section of the act referred to, provides that the proper court, on the application of the inspector of mines, “acting in the behalf of the Commonwealth, shall prohibit by injunction, or otherwise, the working of any mine, in which .any person is employed in working, oris permitted to be for the purpose of working, in contravention of this Act.”

This bill is preferred in the name of the Commonwealth, upon the relation of G. M. Williams, who is the inspector of mines for the middle.district of Luzerne and Carbon counties ; the defendants are the owners and operators of an anthracite coal mine, known as “ Dodson Shaft ” in Plymouth township in Luzerne county in the said district.

The question arises upon the defendant’s demurrer to the bill. The effect of the demurrer is to admit all the material allegations of the bill, and the inquiry presented in the issue thus formed is whether under the showing of the bill, upon a proper construction of the third section of March 3rd 1870, the plaintiff is entitled to the relief prayed for.

This Act of Assembly was passed, after the sad and memorable disaster, which occurred at the Avondale mine, on the sixth day of September 1869. That mine had but a single shaft, the hoisting shaft; the brattice enclosing the air passage caught fire, from "some cause unknown, and very soon the only entrance to, or means of exit from, the mine, was filled with burning timbers, fire and smoke. The breaker and buildings covering the shaft were entirely consumed, and one hundred and eight unfortunate miners instantly perished. This great public calamity and the investigation, which followed, revealed the fact, that- the business of mining was so negligently conducted, that the lives of miners were constantly imperiled. Public sentiment demanded that this should be the subject of legislative provision and this statute embodies the action of the legislature thereon.

The third section comprises all the provisions of the Act, covering the question at issue, and is in the words and form following viz: — Section III. “ That four months from and after the passage of this Act, it shall not be lawful for the owner, or agent,' of any anthracite coal mine, or colliery, worked by or [247]*247through a shaft, or slope, to employ any person in working within sueli coal mine, or colliery, or to permit any person to be in such coal mine, or colliery, for the purpose of working therein, unless there are in communication with every seam, or stratum of coal, worked in such coal mine, or colliery, for the time being at work, at least two shafts or slopes, or outlets, separated by natural strata of not less than one hundred aud fifty feet in breadth, by which shafts, slopes or outlets, distinct means of ingress and egress are always available to the persons employed in the coal mine or colliery; but it shall not be necessary for the two shafts, or outlets, to belong to the same coal mine, or colliery, if the persons therein employed have ready and available means of ingress and egress, by not less than two shafts, slopes, or outlets, one, or more of which, may belong to another coal mine or colliery, provided that a second opening can be had through coal; but if a tunnel or shaft will be required, for the additional opening, work upon the same shall commence immediately after the passage of this Act, and continue until its final completion, with not less than three shifts, in each twenty-four houri, and as many hands be employed as can be put to work with advantage, the inspector to be the judge a.s to the least number of hands engaged per shift; this section shall not apply to opening a new coal mine or colliery, nor to any working, for the purpose of making a communication between two or more shafts, slopes, or outlets so long as not more than twenty persons are employed, at any one time, in the said new mine or working.”

The defendants operated this mine through a shaft, extending from the surface, through the various seams of coal; the shaft was surmounted by the coal breaker; a large wooden building used for hoisting coals and preparing it for market; there were five seams or strata of coal; in the first and third seams the defendants employed fifty or more persons, in the mining of coal for market; the second and fourth seams were not being worked, whether they were yet unopened or had been abandoned or exhausted does not appear; iii the fifth seam a number of persons, not exceeding twenty, were employed in working a gangway or gangways to connect with a second opening, which had not yet been completed to that seam or stratum.

This second opening was in communication with the first and third seams but not with the fifth ; it had not yet been completed to that point, and the working in the fifth seam was admittedly for the purpose of making that connection. There was no hoisting apparatus in this second opening. A ladder extended from the coal workings in the third seam to the surface ; over it was a suction fan, and this fan being kept con[248]*248stantly in motion the foul air of the mine’was thus removed and pure air admitted to take its place through brattice of wood in the main shaft.

There were, therefore, in the event of an accident in the mine, in co minimi cation with the first and third seams two outlets or distinct means of escape as required by law, one by the “cages” up-the main shaft, the other by the ¡adder in the air shaft; but there was no outlet or means of communication with the fifth seam, except the main shaft, nor could there be until the gangway at which the twenty men were engaged was completed to the point, of connection.

It is not contended that the working in the fifth seam, with a single means of escape, for the purpose for which it was prosecuted, was unlawful, per se, but, that the operating of the first and third seams, simultaneously with the driving of the gangway, was in contravention of the statute. In other words, that the working of the first and third seams and the opening, at the same time, of the fifth, which had but one outlet, is •exactly within the letter of the prohibition, whilst the proviso simply withdraws from the operation of that prohibition the opening of a new mine, or the driving of a gangway, that and no more. The prohibition arises, they say, not from the fact that there is another partial ¡y opened seam, connected with the same shaft, which has no second outlet, but the fact that there is another such seam, in the language of the statute “ for the time being at work.” The reasoning, in support of this view, certainly displays great ingenuity of counsel, but it involves such a refinement upon the language of the section, as we think was riot in the minds of the legislature. The natural and obvious meaning of the words used in the entire section, we think, is to be taken, rather than such as only results from a subtle and adroit analysis of the prohibition, and the proviso, considered separately. To find the intention of the legislature we must read the different parts of a statute together, and, if there is a simple and apparent meaning in the whole, which stands out in bold relief we must adopt that rather than one which is forced, and the result of laborious reasoning.

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Bluebook (online)
103 Pa. 243, 1883 Pa. LEXIS 146, Counsel Stack Legal Research, https://law.counselstack.com/opinion/haddock-v-commonwealth-ex-rel-williams-pa-1883.