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tions. Comparative figures of other mines based on employment showed an average compliance of 31 percent for 710 mines with 25 to 99 men; 38 percent compliance for 551 mines with 100 to 299 men; and 39 percent compliance for 160 mines with 300 to 499 men.

Further in this report, the Federal Bureau of Mines sets out that cooperation between some States and the Bureau was impossible. I quote as follows:

Although Public Law 328 specifically requests the cooperation of State mining agencies in furnishing to the Bureau of Mines reports of action regarding the correction of hazards, at the close of the year on June 30, 1948, none of these reports has been received from seven States, namely: Alabama, 81 mines inspected; Arkansas, 19 mines; Georgia, 2 mines; Iowa, 20 mines; North Dakota, 3 mines; Pennsylvania, 465 mines; and Wyoming, 41 mines. Only 2 forms were received from the Virginia Department of Labor and Industry even though 77 mines in that State were inspected, and the Industrial Commission of Utah submitted only 3 forms with 42 mines inspected.

This report is a comprehensive document. It amply demonstrates that many mines are not being worked in a safe manner, and I believe proves conclusively that legislation of the type now before this committee is absolutely essential.

Respect fully submitted by C. F. Davis, safety director of the United Mine Workers of America.

Mr. PERKINS. Will you read those figures in the appendix?

Mr. KELLEY. If you wish to put the appendix in the record, it will save you from reading it.

Mr. FERGUSON. That was my intention, Congressman, inasmuch as they are all figures. I want to say that these figures are compiled statistics as compiled by the Federal Bureau of Mines and various State mining agencies, and furnished to the Federal Bureau.

(The appendixes referred to are as follows:)

APPENDIX A

Employment and accident data for bituminous coal mines, 1930-47, inclusive

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Employment and accident data for Pennsylvania anthracite mines, 1930–47,

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Employment and accident data for all coal mines, 1930–47, inclusive

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Mr. KELLEY. I want to know now what the qualifications are for these Federal inspectors. Mr. Smith asked this question.

I remember I was on the committee that handled Public Law 49, but I have forgotten what those qualifications are. Can you enlighten us a little?

Mr. FERGUSON. I cannot quote you directly, Congressman, on what the qualifications are. However, I do know that they must be practical mining men with a certain number of years of experience in and around the mines of the country as miners and as men in supervisory or official capacities.

Mr. KELLEY. My recollection is that it is 10 years. I have forgotten, though. I am sure that the code will determine that.

Mr. FERGUSON. I could not answer that. I do not know myself just exactly what they are.

Mr. KELLEY. Has it been your experience that all these Federal inspectors are qualified for their positions?

Mr. FERGUSON. I feel that the qualifications and the type of men engaged in the Federal Mine Inspection Service are what I would say, in common language, the cream of the industry. I have failed in my experience to find one Federal inspector who was not a competent, efficient and conscientious employee.

Mr. KELLEY. You have not had experience with the work of all of them, though, have you?

Mr. FERGUSON. No; only as the fact that I travel about the country in my duties as assistant safety director, I go to practically all of the coal-producing areas, and have in the past, although not at the present time. I am now here in Washington. I have had contacts with a great many Federal inspectors. In addition, when any Federal inspector makes a report, a copy of that report comes to the safety division of our organization. We analyze his reports and draw our conclusions as to the safety or the degree of danger found in these mines, and I have found that, by investigation and rechecks, in many instances the reports are factual and true in every respect.

Mr. KELLEY. You see, this question is going to enter into this. If we give the Federal inspectors the authority to close down mines, we want to be sure that they know the job and what they are doing. Mr. FERGUSON. Certainly, as I stated before, I believe that they do. Mr. KELLEY. Mr. Bailey, do you have any questions?

Mr. BAILEY. I regret that I was not here to hear the presentation of the evidence.

I would like at this time, Mr. Chairman, to place in the record along with the data that was submitted by Mr. Davis through Mr. Ferguson, a report of the Bureau of Mines of the State of West Virginia and the State Workmen's Compensation Commission of those injured in the State of West Virginia. It is the largest coal-mining State in the Union. If I may submit those to the clerk for inclusion, I would appreciate the courtesy.

(The documents referred to are as follows:)

CLEVELAND M. BAILEY,

CHARLESTON, W. Va., June 15, 1949.

Member of Congress, House Office Building, Washingon, D. C.

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Congressman, House Office Building, Washington, D. C.:

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Hon. CLEVELAND M. BAILEY,

STATE OF WEST VIRGINIA,
WORK MEN'S COMPENSATION FUND,
Charleston, W. Va., June 14, 1949.

Member of Congress, House Office Building, Washington, D. C.

DEAR MR. BAILEY: To conform with a telegram just sent you from Commissioner Trent's office, I am giving you below the number of fatal accidents occurring during the years 1937 to 1948, inclusive, under regular subscribers and self-insurers, together with the total:

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I trust the information contained herein will be of some benefit to you.
Anytime we can be of service to you, you have but to command us.
Very truly yours,

O. P. FRAME, Actuary.

WORKMEN'S COMPENSATION FUND,
Charleston, June 14, 1949.

Hon. CLEVELAND M. BAILEY,

Member of Congress, Washington, D. C.

DEAR MR. BAILEY: As requested in your telegram to Commissioner Curtis B. Trent, Jr., I am giving you below the number of nonfatal accidents occurring during the years 1938 to 1948, inclusive:

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I trust the information contained herein will be of some benefit to you.

Very truly yours,

O. P. FRAME, Actuary.

Mr. BAILEY. I would just like to ask a question or two, of the gentleman who has knowledge of the situation.

In a discussion on the floor of the House during the Seventy-ninth Congress, in an effort to secure a larger appropriation for mine-safety work, I put some material in the record at that time. I was criticized in the press somewhat more, but investigation disclosed that I was correct in the statement. I believe I put some material in the record at that time to show that in the State of West Virginia, between the attack on Pearl Harbor in December 1941 and VJ-day, there were more men killed in the mines of West Virginia and more men injured in the mining industry in West Virginia than were killed and injured of the 236,000 West Virginians serving in the armed forces, which is proof on its face that employment in the mines is a more hazardous occupation than serving in the Army and Navy in wartime.

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