Page images
PDF
EPUB

the surface. In some cases there were from 100 to 300 pounds under and around the boilers. The priming was done in the presence of all the men. The companies used the mines for storing the explosives. I saw one case where there were 100 pounds of dynamite under the boiler in the engine house. At least thirty men were in the room. It was a holiday and the men were idle. The blaster was priming some cartridges to fire six holes already drilled; the men were tossing the cartridges around as a pastime. (In about ten minutes from the time I arrived there was not a cartridge within 200 yards of that engine house.) I also found that nearly all the tamping-bars were of iron instead of wood. The dynamite was kept in the same place as the exploders, which is a very dangerous practice, as the exploders are very sensitive and will explode with a scratch of a pin, a blow or a squeeze, and one exploder will discharge all the dynamite in its vicinity.

I also found a large number of the boilers in bad condition, not having been examined or tested for years. In some cases where I condemned the boilers and ordered them tested the boiler-maker drove his hammer through the shell while making the inspection. The boiler was held together only by the scale inside. While making some visits to the larger quarries I found that in nearly all cases the boilers had not been tested, that a number of them had been with threshing engines until their days of usefulness were nearly over and then were put to work in the quarries, and boys and foreigners who had no experience as engineers were running them because they would run them for a small sum per day.

I have now explained how I found a large number of the mines in our State, but there are others that are worked in a systematic manner and are as safe as any of the factories or workshops, with strict compliance with the law and thorough inspection. The casualties in mines may be brought to a level with those in factories and other workshops. At the present time all the mines have their magazines and warming apparatus for dynamite at a safe distance from the engine and boiler houses and the mine, one blaster and his helper having charge of all the explosives. It is the duty of one man to inspect all ropes, machinery and hoisting apparatus weekly and he is held responsible for their safe condition. All boilers used for generating steam for mine purposes are tested every six months. There is no child labor employed in the mines of the State.

In 1895, as near as I can find, there were eighteen fatalities from falling rock, two from boiler explosions and one from explosion of dynamite; total, twenty-one. In 1896 there have been no fatalities from falling rock, none from explosion of boilers, three from explosion of dynamite and one by falling from a ladder; total four. This result would seem to indicate a more careful compliance with the rules of safety than has heretofore prevailed in the operation of mines. At first my inspection was looked upon as a nuisance by the mine-owners, but things are changed and I am welcomed both by the owners and operatives, as they see it is a protection for all alike. In my opinion the mining laws of the State are adequate for the safe operation of the mines, as Section 17, Chapter 394, laws of 1890, gives me large latitude in the performance of my duties. I would suggest that all quarries should be placed under the head of mines, which would bring them directly under the control of the factory inspector. In my

opinion no man who uses intoxicating liquors should have any charge of explosives; this rule should be made binding upon all employers. Each company should be required to have certificate of boiler inspection on file, showing date of examination and method of making test; this certificate should be placed where the deputy mine inspector can readily examine it at any time. No man under 21 years of age should have charge of an engine, and he should have experience and pass an examination as to his ability.

As I have given you some information as to the condition of the mines, with your permission I will take you on an imaginary visit to one of the shaft mines in our State. You may consider yourself in charge of the mine superintendent or myself. From the head to the foot shaft you will find a signal apparatus, a small cable or wire reaching to the engine-house. At the head you will see a headman, at the foot a footman, who push the cars off and on the carriage. The empty cage swings lightly as you step on it, just enough to make you realize that you have passed from the stable to the unstable; and but for a few inches of plank there is nothing between you and the bottom of the mine, perhaps 1,500 feet below. The superintendent then gives three distinct pulls, which is a signal to the engineer that there are men on the cage, and the descent begins. It will seem to you that that which you were standing upon has been suddenly removed from beneath your feet, and your first impulse will be to grasp for something above you, or perhaps you will think you are a bird and will try and fly; and you will hardly have recovered from this sensation when it will seem that the motion of the cage has been reversed and that you are going up more rapidly than you were at first descending. These two sensations will alternate for the minute or two while you are descending, and about the time you begin to realize that you are alive and safe the cage will begin to slacken and stop with a jolt.

As you step from the cage to the mine nothing is visible but the flames of the workmen's lamps; but in a few minutes you will be able to discern dirty faces, which look as if they were flying in the air. The cars come and go, drawn by a steaming mule which you can hardly discern. The body of a mule will suddenly come up before you; you catch a glimpse of a dirty face lighted by the lamp on cap, but the body that carries it is not visible. You see lamps dart here and there, you hear perhaps the sound of rushing water, you hear the click, click of the cars as they pass along the track. There is a sort of rumbling sound, as if there were a number of persons talking all together in a cistern. You will hold your light close to the floor to pick your way along; you feel a sense of confinement, as if you were in somebody's way. There will be a pressure in your ears, you will think you cannot hear your own voice and you will feel like yelling to see if you can. You will meet trips of cars going to the shaft and will have to crowd against the rib or the side to let them pass. As you get near the face working you will suddenly hear some one cry "Fire! Fire!" You feel like running, but you do not know where, and the superintendent will catch you gently by the arm and lead you behind a pillar of rock to await developments. Suddenly there is a rush of air and a crash and roar, as though you were in the midst of a clap of thunder; you will hear falling rocks and a tremble in the atmosphere will make you tremble like a leaf. Just as you begin to feel you are alive (perhaps pinch

yourself to be certain) this is all repeated. Then some one will yell "All right,” and you move on to the face, where you will see lights dimly through the smoke. In a few minutes it will clear up and you see numbers of men working at different places; some loading cars, others with bars sounding the roof, some placing their drill machines to begin work again. By this time your eyes will have become accustomed to the darkness and you see huge pillars of rock supporting the roof, tracks leading here and there, cars coming and going, men hurrying from one place to another. All is activity and life. As you wander along you will see stables for the mules, a blacksmith shop in a large pillar of rock, a large, cool spring of pure water and a drinking cup. You have now seen something of the operation of mining, something of the ceaseless activity which pervades the working portions of the mine, when hundreds of men are busy around you, when the rumble of the cars, tap of the hammers, the noise of blasting and sound of human voices are incessant.

If you were the only living being alone in a mine the sensations would be altogether different. If you stood or sat motionless you would find the silence oppressive. One who has not this experience can have no conception of the lost feeling which comes to one in a deserted mine. On the surface of the earth there is not a time when the ear is not saluted by some noise, and where there is life there is motion; but down in the bowels of the mother earth there is no life, no motion, no sound. The silence is not only oppressive but painful. It is like trying to live in an element not adapted to human life. Suppose you are not only in silence but darkness? On the surface of the earth the eyes can become accustomed to the darkness of night, clouds cannot shut out every ray of light from the moon or stars; but down in a mine, where no ray of nature's lights ever penetrates, the gloom is intense. It seems as if you could grasp it; it is like a black wall surrounding you, it is with an effort your breath comes. If you were subjected to these conditions, with no escape possible, you would soon lose your reason and become a raving maniac.

By Chief Rufus R. Wade of Massachusetts:

THE ENFORCEMENT OF INDUSTRIAL LAWS. Mr. President, Ladies and Gentlemen of the Convention: As papers will be read by the representatives from the Massachusetts Inspection Department embracing various subjects connected with the duties devolving upon the inspectors in the several branches of the department, I have, upon the suggestion of the President of the Association, prepared a brief article giving my views on the enforcement of industrial laws.

In the beginning I assume that there will be a general agreement to the proposition that there is more than one method that may be employed in the enforcement of industrial laws, and that reason and experience must show which is the best.

Shall we enforce the labor and factory laws of our respective States by the same means that we employ in the enforcement of what are generally called criminal laws?

In the latter case it is not customary to send circulars of information to the

offender, or to interview him, or to wait and see if he intends to comply with the law. Instead of admonishing one who has committed crime, we make a complaint to the proper court, which issues a summons or a warrant, and the party complained of is brought in, tried, and if convicted is sentenced. I am inclined to the belief that such summary proceedings has met with favor in some jurisdictions where the laws relating to factory inspection exist. But if that method had been exclusively relied upon in Massachusetts, in the enforcement of our industrial laws, we should not have secured the excellent results which the inspection department of our commonwealth records. We have not felt that it was a wise policy, calculated to encourage respect for our laws, especially in cases where criminal intent is wholly absent, to thrust the sword of authority at those guilty of a first offense; or, it may be, only technically so.

An English monarch, some centuries ago, was asked by what rule he selected his judges. He replied: "I look over my kingdom in search of a man who has common sense and who is a gentleman, and him I appoint. If it turns out that he knows a little law so much the better."

In the execution of our duties as factory inspectors the same qualities will prove to be valuable. I am not interposing a plea in favor of those who willfully disobey the laws. Conciliation is wasted on the man who defies the law, and it is worse than weakness in such a case to attempt it.

In the enforcement of our industrial laws we have never deemed it wise to use the law as a club in the first instance. The authority of the State should not always be exerted along cyclonic lines. We have to deal with people who like to understand just what is expected of them and to comprehend the reason of things. There is no sensible objection to this desire, so far as I can see. It detracts nothing from the proper respect due to the law, nor from the dignity of an inspector. If he discovers a violation of the statutes, and there is naught in the facts and circumstances to show that the offense was willful, then the officer should simply call attention to the matter, admonish the offender, accept his assurance that the. misdemeanor will not be repeated, and let the incident end there.

The attitude now generally shown toward the inspector of factories by employers of labor is due to quiet work and the avoidance of undue friction. This attitude may be regarded as an important factor in the successful application of the various laws which have been enacted by the Legislature, and are especially entrusted to the inspector to enforce.

In a certain broad sense our duty as tactory inspectors is to enforce the laws whose execution is expressly intrusted to us. We are not responsible for the wisdom of those laws, nor the particular methods which the law-making power designates for their enforcement. We are expected to be sure to exercise common sense in our interpretation. It is not wise to exert authority in an arbitrary. unreasonable and offensive manner. We are not to assume that every slight and technical violation of the law relating to factory inspection must be dealt with as if the offender was a willful wrongdoer. A little discretion and patience do not injure the real interests committed to our care, but often result beneficially in securing the confidence and respect of those who, from inattention or ignorance, have brought themselves within the reach of the law.

Let us remember that effective laws are based upon an intelligent public sentiment. Laws grow out of public necessity. They are sustained by public opinion, or fall into disuse and contempt.

It seems to me that the strongest testimony that can be offered in support of my argument is the undisputed fact that the men in charge of our factories and other similar establishments that come within our jurisdiction have almost uniformly shown a cheerful compliance with the enforcement of industrial laws.

I have no desire to exaggerate nor magnify the credit due to those representatives of our vast industrial interests in Massachusetts, but it is simple truth to say that a more law-abiding class cannot be found anywhere. Many of them, in the early days of labor law agitation, honestly believed that the restrictive legislation sought, especially in relation to limiting the hours of labor, would be absolutely destructive of the manufacturing business in Massachusetts. Apparently it was impossible to convince them that they could successfully compete with factories bordering our State, where the hours of labor were not limited by law. But their extensive and valuable plants could not be abandoned, there was no hope of repealing or modifying the obnoxious law, and no course remained but to yield reluctant obedience.

In due time it became evident that the Legislature had made no mistake. Adapting their business to the changed condition, the dreaded evils were never realized, and in my judgment our employers of factory labor would be the last to advocate the return to former conditions. The friction anticipated by many from time to time in the enforcement of our industrial laws has been largely imaginative. It has no substantial basis of fact to support it.

I am not indulging in speculative theories, but am stating facts embodied in my annual reports to the Governor of Massachusetts. A long experience in the Massachusetts Department of Factories and Public Buildings justifies me in giv. ing my views upon those matters which deeply interest us as public officials. I . ought to know something of human nature, something of human affairs.

If methods of enforcement of industrial laws have commended themselves to me by experience; if the results gained after years of official duty, performed under the jealous eyes of men anxious that the laws should be brought into disrepute by non-enforcement or by favoritism to powerful interests; if such honest and impartial enforcement has, on the contrary, received the commendation of the Governor and Legislature of Massachusetts for a long series of years, then it seems to me that those methods should be adhered to and those results welcomed until better ones can be secured.

Our success as administrators of the industrial laws depends much upon the spirit we cherish and the attitude we assume. If such laws are to be firmly established and to do their part in benefiting mankind we must do nothing to invite criticism and reproach. Let us try and encourage the feeling that the interest of employers and employes are really the same. They must be mutual or antagonistic.

Finally-The success of our work as inspectors will depend much upon our personal qualifications. However wise and just the laws which we are called upon to enforce, it is vital to our success that we exercise our authority with dis

« PreviousContinue »