of my fellow-members on that committee, that anything that they can do, I believe, will be willingly and promptly done by them during the coming session of the American Congress. (Applause.) And once that is done, you will have an institution here to which pilgrims from the whole wide world will come, as we have pointed the pathway today. All roads lead to the arsenal, and all roads hereafter will lead hither the men engaged in the development of this science and the ascertainment of the facts that have so much to do with the work in which you are engaged. Because of all this; because of the prospects and because of the reality I see before me, I again repeat, that I hope my friend, Mr. Mitchell, and all these other gentlemen here, and especially my friend Senator Dick, who is on the other side of the capitol of the United States (and sometimes a Senator has a little influence-my friend Senator Dick having derived his because he used to be a member of the House) will exercise their influence in lining up the members of both Houses in bringing about the proper and permanent establishment of the institution which we all have in mind today, a Bureau of Mines and Mining in the Department of the Interior of the United States.

DR. HOLMES: At the meeting of the American Mining Congress tomorrow morning, Senator Dick will reply to the address just given you. I see before me a great many persons who have been foremost in leading this great movement, such as Mr. Englebright, of California, and others whom I know you would like to hear, but this platform on which we stand has explosives under it that are reached by clockwork, and I am told by my associates that exactly at 2:30 o'clock, which is only a half minute off, the performance underneath will begin!

All of you have been handed programs as you entered the grounds, and you will find on the program a list of tests which will be made here today.

(During the afternoon, a series of informal tests was made at the explosives testing station, showing conclusively that coal dust was highly explosive. Tests were also made showing the disruptive force of various powders used in blasting.)

THURSDAY, DECEMBER 3, 1909.

Evening Session, 8:30 O'Clock.

Meeting was called to order by Vice-President Dr. E. R. Buckley. CHAIRMAN BUCKLEY: It gives me great pleasure to introduce to you this evening the Hon. James R. Garfield, Secretary of the Interior. (Applause.) Mr. Garfields address will be found on page 88, Part II., of this report.

MR. W. F. R. MILLS, OF COLORADO: Mr. Chairman, I think it is proper, and I move that a special vote of thanks be tendered to the Honorable James R. Garfield for his address this evening.

This motion was seconded and unanimously carried by rising vote. CHAIRMAN BUCKLEY: Please give attention. The secretary has a resolution which has been introduced into the Congress. With your permission we will dispense with the reading of it and return it to the secretary to be transmitted to the Resolutions Committee.

There being no objection it was so ordered.

CHAIRMAN BUCKLEY: I take great pleasure in calling upon Judge Buffington to address the members and delegates to this American Mining Congress and their guests here this evening. (Applause.)

Judge Buffington's address will be found on page 251, Part II., of this report.

CHAIRMAN BUCKLEY: I have had the pleasure at several sessions of the American Mining Congress of introducing the next speaker, and I have always wished that I was sufficiently gifted to properly eulogize the great service which he has rendered the mining fraternity of this

country. I think no member of the American Mining Congress, no man who has taken any interest in the welfare of the mining industry of this country, has devoted so much of his time, so much of his energy, and so much of his good thought to bring about the important results which are now being accomplished by this organization.

I take great pleasure, ladies and gentlemen, in introducing to you our esteemed, and I may say our beloved, president, the Honorable J. H. Richards, of Idaho.

Judge Richard's address will be found on page 7, Part II., of this report.

Thereupon the evening session adjourned and the delegates repaired to the banquet hall, and enjoyed the reception tendered by the Pittsburgh Reception Committee.

FRIDAY, DECEMBER 4, 1908.

Forenoon Session.

The Congress was called to order by President Richards.

PRESIDENT RICHARDS: Are there any resolutions which it is desired to introduce at this time? The secretary will read what he has on the desk.

Secretary Callbreath read resolutions as follows:

Resolution No. 10.

(Introduced by George Max Esterly, of Alaska.)

Whereas, This Congress has been informed that location of coal claims in Alaska under an Act of Congress, entitled, "An Act to encourage the development of coal deposits in the Territory of Alaska," approved May 28, 1908, having made every effort to comply with the requirements of this statute, have been unable to secure title to their claims, and

Whereas, Owing the the ambiguous provision of Section 3 of said Act wherein the titles to the land covered by said claim, taken under the said Act, are liable to forfeiture to the United States if any of the provisions of said section are violated; it has been found impossible to secure capital to develop the coal fields, and

Whereas, Under the "Coal-land Laws and Regulations Thereunder," General Land Office, July 11, 1908, this point is emphasized on page No. 22, in dealing with said Section 3 as follows:

Inasmuch, As Section 3 deals exclusively with such coal lands or deposits as shall have been purchased under this act, its interpretation seems more properly to fall within the province of the Department of Justice, and it is deemed inadvisable for this department to attempt at this time to define its provisions, and

Whereas, This Congress deems it of the highest importance, not only for the Territory of Alaska, but also for the entire Pacific Coast, that these valuable coal deposits should be opened up without delay. Now, therefore, be it

Resolved, That the American Mining Congress in this eleventh annual convention assembled does earnestly recommend:

First. That the granting of patents to coal lands under said act be expedited.

Second. That said act should be revised so that difficulties and delays in obtaining proper titles to such coal lands by citizens of the Territory of Alaska who are desirous of developing the country be reduced to a minimum as far as is consistent with proper safeguards against fraud. And Be It Further Resolved, That a copy of this resolution be forwarded to the Honorable Secretary of the Interior and the Senate and the House Committees on Public Lands, United States Congress.

Resolution No. 11.

(Introduced by H. Baumann, of Pennsylvania.)

Whereas, In the firing of shots in coal mines many accidents are caused by gas and dust explosions, premature shots and hung shots, and Whereas, It is believed that many of these accidents could be avoided by electric firing; now, therefore, be it

Resolved, That the legislatures of the several coal mining states should be urged to enact such legislation as will require that in all gaseous coal mines, all shots shall be fired by electricity.

Resolution No. 12.

(Introduced by T. Wilson Henderson, of Pennsylvania and M. Duffy, of Oklahoma.)

Whereas, The American Mining Congress has affiliated itself with the I. S. Geological Survey, and

Whereas, The Congress assisted in the dedication of the said testing appliances, and

Whereas, It is desirous to continue the close relationship now existing; be it, therefore

Resolved, That a committee be appointed to act in conjunction with the U. S. Geological Surveyors in demonstrating the different systems of ventilation and extraction of coal dust and gases from the mines.

Resolution No. 13.

(Introduced by Wm. P. Daniels, of Colorado.)

Whereas, The American Mining Congress has placed itself upon record as opposed to fraud and deception in the promotion and sale of stocks in mining and other corporations, and

Whereas, Prevention of fraud is much preferable to punishment after has been and is a practical failure by reason of the difficulty of showing fraudulent intent, and

Whereas, The prevention of deception and fraud by punitive legislation it has been committed and it is the opinion of this Congress that proper publicity would deprive the fake promoter of the opportunity for fraud and deception that exist under present laws and would save to the investor the large amount of which he is continually being defrauded by the concealment of facts of which he should be informed; therefore, be it

Resolved, By this eleventh annual session of the American Mining Congress, that we indorse and approve the bill herewith and urge its adoption, with such changes as may make it applicable in the different states.

A Bill for an Act in Relation to Corporations.

Be it enacted by the General Assembly of the State of..

Section 1. Whenever full paid stock is issued for property by any corporation, doing business in this state, it shall be the duty of the president and secretary of any such corporation, within ten days, from date of the issuance of such full paid stock, to file, or cause to be filed, in the office of the Secretary of State, a description of the property transferred to the corporation for such stock, with the name or names of the person or persons, or of the corporation from whom purchased, the number of shares of stock issued to each of such persons if the property be transferred from individuals, and if known to such president or secretary, the actual amount paid by the person or persons or the corporation so transferring said property to the corporation purchasing the same for such full paid stock, and if not known, such statement shall so state, and if any portion of the stock so issued in payment for property is donated to the corporation issuing it, such statement shall show the amount of stock so donated. Such statement shall be verified by the president and secre

tary of the corporation, and with a certificate of its filing in the office of the Secretary of State shall be published in any general prospectus issued by such corporation.

Section 2. Every stock certificate issued by any corporation which is not for stock sold by the corporation all the proceeds of which go into the corporate treasury, shall have printed or stamped across the face of such certificate, with ink, the color of which is conspicuously different from that with which the body of such certificate is printed, and in letters not smaller than those printed from 12 point type, the words, "This certificate is a transfer of ownership of the stock represented by it and not a sale by the company."

Section 3. Before any foreign corporation shall be authorized to do business in this state, in addition to the requirements of any existing law, it shall make and file with the Secretary of State, a certificate signed and verified by its president and secretary, which shall show what proportion of its capital stock has been paid for in money and what proportion has been paid for in real or personal property, labor or thing of value other than money, the price per share at which such stock issued in payment for property was sold, with a description of such property with the name or names of the person or persons, or corporation, from whom purchased; the number of shares issued to each of such persons if the property be purchased from individuals, and if known to such president or secretary, the actual amount paid by such person or persons or corporation, from whom such property was purchased; and if not known, the certificate shall so state. If any portion of such stock issued in payment for property is donated, to the corporation issuing it, such certificate shall show the amount so donated. Such certificate with a certificate of its filing in the office of the Secretary of State shall be published in any general prospectus issued by such corporation. Any foreign corporation failing to comply with all of the provisions of this act, after being authorized to do business in this state shall forfeit such authority in addition to the penalities hereinafter provided.

Section 4. The Secretary of State shall be entitled to a fee of one dollar for filing any statement or certificate required by this act.

Section 5. Any officer of any corporation failing to comply with the provisions of this act, or wilfully certifying any false statement in any statement or certificate required by this act, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than one hundred, nor more than one thousand dollars, or by imprisonment in the county jail for not less than thirty days nor more than one year, or by both such fine and imprisonment.

Section 6. Where the capital stock of any corporation doing business in the State of ...... is sold by any officer, director or other agent or promoter of any such corporation to any purchaser thereof for a cash consideration without a compliance with the provisions of this act in reference thereto, an action may be maintained in any court having jurisdiction in this state for the purchase price of such stock, and proof of the failure to comply with this act on the part of any officer, director or other promoter of any such corporation shall be prima facie evidence of fraud in the sale of such stock.

Section 7. Any law or part of law in conflict herewith is hereby re

pealed.

Resolution No. 14.

(Introduced by J. W. Dawson, of West Virginia.)

Whereas, The interest in or control of mines by railroad companies gives to the mine so owned or controlled such undue advantage over independent mines that it is exceedingly difficult for such independent mines to be operated with sufficient profit to enable them to conserve the mineral resources of the country and to properly safeguard the lives of employees; therefore, be it

Resolved, That we hereby urge upon the federal government, the great importance of enforcing the "Commodities Clause" of the Hepburn Bill, and in the event of that law being declared unconstitutional, we earnestly urge the passage by our national Congress at Washington of a law that will give the relief sought by the commodities clause of the Hepburn Bill. And the secretary of the American Mining Congress is hereby instructed to forward a copy of this resolution to each member of the national Congress.

Resolution No. 15.

(Introduced by David Ross, of Illinois.)

Whereas, While it is possible, through the exercise of greater care and ability in the management of mining properties to very greatly reduce the number of fatal and non-fatal accidents, it is unreasonable to hope that they can be entirely eliminated. In view of the unpreventable character of many accidents, be it

Resolved, That it is the sense of this Congress that our laws, and trade agreements where they exist, should provide some plan of adequate compensation to be allowed those receiving injuries and in the case of fatal accidents those sustaining direct loss in consequence of such casualties.

Chairman Buckley: We will now listen to the report of the Credentials Committee.

Report of Credentials Committee made as follows:

Carnegie Hall, Pittsburgh, Pa., December 4, 1908. To the Eleventh Annual Session of the American Mining Congress: Your Committee on Credentials respectfully presents the following report of the attendance at this Congress. The register indicates a representation from thirty-six states and the province of Ontario, Canada, as follows: