I have here an award made to the Pennsylvania Department of Mines by the United States Bureau of Mines, which reads:

Pennsylvania Department of Mines, anthracite division, Harrisburg, Pa., certificate of honor for achieving during the year 1948 the lowest fatality record, 0.87, in the history of coal mining in the United States. Three hundred and fiftythree companies worked 28,000,000 man-hours without a fatality and contributed greatly to this achievement. This record is the result of cooperation between management, labor, and inspection forces.

That shows what we have done in Pennsylvania.

Now, on the next sheet we have a tabulation showing each inspection district in Pennsylvania, with the name of the inspector, the number of mines he closed, the parts of mines closed, the number of men affected, the number of officials prosecuted, the number of miners prosecuted, commissions served on by him in his district, and commissions served on by him in districts other than his own. That is for the bituminous mine inspectors during the year 1948, and on the next sheet we have the same record for the anthracite division.

Now, I would like you to turn to the next sheet, where it shows production, employees, fatalities in the bituminous region for the period from 1913 to 1948. You will notice under "Fatalities" that in 1913 we list 611 men in the mines of Pennsylvania. That is not the worse record we had. We had a record in 1908 in which 807 men lost their lives.

The record gradually comes down until 1931, when it was down to 207 men, the lowest since 1913, when there were 611. In 1932 we lost 155; in1933, 135; in 1934, 156; in 1935, 161; in 1936, 190; in 1937, 186; in 1938, 119; 1939, 120; and in 1940, 188.

Mr. WERDEL. In all of those years was the number of miners engaged in mining about the same?

Mr. MAIZE. They ranged between 133,000 to 117,000. The fatalities per 1,000,000 man-hours employed is a much more striking figure and easier to analyze. You will notice up until 1930 we had about two and a half as an average per thousand men employed. In 1931 it was 1.74, and you will notice the record goes down to 1.60 in 1940. The important point I want to call attention to is the fact that from 1932 to 1940 the record came down. The lowest record we had was 1.03 in 1938-no, 1.02 in 1939.

Now, remember, gentlemen, this record was accomplished without the help of the Federal Bureau of Mine inspection. At that time they were doing a lot of educational work, and when they came into the picture with their inspections in 1941 or 1942, the record nowhere equaled the records of 1938 and 1939. So you can draw your own conclusions from that.

Mr. BAILEY. Conditions, of course, would be different during the war period when the coal production was much larger.

Mr. MAIZE. We are talking about the number of men killed per thousand men employed. The lowest record we have after the Bureau of Mines came in was last year, when it was 1.04, while the record before that was down to 1.02.

Mr. BAILEY. I did not know they had ever come into the picture except in an advisory capacity.

Mr. MAIZE. They claimed credit for reducing accidents. The mine workers and operators were supposed to accept their code. It is part

of a contract. So they came into the picture, but of course we enforce the law.

I was general superintendent of a mine for 30 years, a rather gassy mine, and never in all that time did I lose a man by explosion. I have been secretary of mines since 1940, and during that time of 9 years there has been only one major explosion in the bituminous mines of Pennsylvania, where we lost seven men. I am not claiming credit for it, but it does show a record. We prosecuted in that case and the men pleaded guilty.

Mr. PERKINS. That is fine, and apparently the condition in Pennsylvania is far different from the condition in any other place. Mr. KELLEY. I would dispute that, if the gentleman will yield. The older mines in Pennsylvania are a little more hazardous.

Mr. PERKINS. But even assuming it is better, should we, on the basis of your statement, Mr. Maize, refuse better conditions to other States?

Mr. MAIZE. I think on the basis of the statement made by Mr. Harrington which I have read, you should refuse to give Federal inspectors police powers.

Mr. KELLEY. I had a great deal of respect for Dr. Harrington in his connection with the Bureau of Mines for the period of time I knew him. Maybe if he were still in the Bureau of Mines, however, he would not have made that statement.

Mr. MAIZE. Maybe he would not.

Gentlemen, I have a few extemporaneous remarks and then will close. I want to say we have no fight with the Bureau of Mines as long as they continue with their educational program. We do object to their exercising police powers in the State of Pennsylvania.

Mr. BAILEY. I want to say, Mr. Maize, I have thoroughly enjoyed your presentation because you are so frank.

Mr. MAIZE. Thank you. I also want to say the United States Bureau of Mines has the finest research men, engineers, and technicians in the world. When the Bureau of Mines was organized, mine safety was at its lowest ebb in history. Accident rates were the highest in the history of Pennsylvania. As I said before, in 1907 we lost 807 men in 1 year, while in 1948 we only lost 114. Of course, that is too many, but it does show a vast improvement.

When the Bureau of Mines came into the picture, explosions were almost a monthly occurrence. They diligently went into this question of stopping explosions and assisting the operators and advising the miners how to get around these explosions which were taking such a terrible toll. I was superintendent of the coal mines at that time and I attended as many as three mine disasters in a month and helped to get the men out. At that time we were not using rock dust; we were using all of these things which the Bureau of Mines taught us were dangerous, and as a result we have brought our accident record down. Mr. KELLEY. You used open lights, too?

Mr. MAIZE. Yes.

Mr. KELLEY. How many States of the Union have a mining law as restrictive as ours in Pennsylvania and administered as well; are there any?

Mr. BAILEY. I would be interested in the answer to that same question to see how West Virginia stacks up.

1

Mr. MAIZE. Of course, I do not want to criticize any other State, but if you want me to do so, I can tell you that our production record in Pennsylvania per number of fatal accidents, in 1947, was 1,096,681 tons. West Virginia, I would guess about 650,000 tons per fatal accident. In 1948 we produced 1,145,000 tons per man we lost, and in the first 4 months of this year we have mined over 1,000,000 tons without a fatality.

Mr. KELLEY. The average for the Nation is about 680,000; is it not? Mr. MAIZE. I would guess it is about that. On the man-hour exposure basis it is 1.2 or 1.4 in the anthracite division. In the bituminous division it is 0.76, a little less than one-half of the accident record in other States. I do not like to go into this.

Mr. WERDEL. I don't think we have ever lost a man in the coal mines of California.

Mr. MAIZE. Well, you have escaped a lot of headaches, then, Congressman.

I might stop here, gentlemen. You have been wonderful with me. Mr. KELLEY. Mr. Maize, I was going to say perhaps if all of the States had the same type of mining law and had it administered as carefully as Pennsylvania, we would not have the pressure for this sort of an amendment to the Federal inspection bill.

Mr. MAIZE. I don't think there is any question of that, Congressman. Mr. KELLEY. I am thinking principally about the backward States where they have practically no mining law.

Mr. MAIZE. Would the Congressman feel offended if I made a statement that reflected on them?

Mr. BAILEY. On the Congress?

Mr. MAIZE. Yes.

Mr. BAILEY. I would enjoy it.

Mr. MAIZE. I made the statement before the Senate committee, before Mr. Neely, that the Congressmen and Senators should go back home and spend as much time and money trying to build up the laws of their States, as they are trying to give Federal inspection and police powers to bureaucrats in Washington; that they would then do a much better job in mine safety.

Mr. KELLEY. I question that, Mr. Maize, because I do not think they would have the authority and prestige to do it in the States.

Mr. MAIZE. The United Mine Workers of America have enough force today to make these backward States pass laws equal to Pennsylvania's. I believe that is the solution.

Mr. BAILEY. Do you think a man elected to Congress is a bureaucrat?

Mr. MAIZE. No, Congressmen are not considered bureaucrats. Bureaucrats are men who have a bureau and who write orders. This country has never been ruled by rules but by laws passed by the Congress and the Senate. I don't see how in the world you can give Federal inspectors the right to shut a mine down unless you pass through Congress article so-and-so will permit such-and-such, and make them laws. But you cannot turn him loose and say, "If in his opinion." If you do that, you will have a lot of trouble, and I am willing to bet in many cases they will not exercise their authority in the States and will not reduce the accidents in the mines one bit. Remember, gentlemen, the miner under the law is responsible for his cwn safety. When he loads coal he is supposed to put up a timber.

If the coal operator did not provide him with the timber and the instructions and training, then the reflection might be on the coal operator, but my, oh, my, we see they are properly instructed and that timbers are in there for the miner. But the miner is like a lot of other people. He will say, "I will load this car before I put up the timber," and then the roof falls before he loads it, just as we see a train at an intersection and we try to see it across.

Mr. BAILEY. It was testified here by a representative of the National Coal Association if this legislation was passed it would destroy the State bureau of mines. Do you agree with that?

Mr. MAIZE. I am not an attorney.

Mr. BAILEY. But would you continue to operate in Pennsylvania just the same as you have?

Mr. MAIZE. As far as I know, I would, but it is possible some of these backward States might fold up and say, "You fellows take the job over." If you do that, you must have a yardstick to measure the authority, and it must be enacted into law. You cannot let the Federal Bureau write the rules. That is unconstitutional. That is not the way this great country of ours is run.

Mr. BAILEY. Years ago when we were youngsters, we got the idea this doctrine of State rights was indigenous to the South, but I now hear fellows from all sections of the country talking about State rights.

Mr. MAIZE. In the old days, when I was a boy, the mines were all worked with a little lamp attached to the mule, and you would take the mule and send him up to the face, and if he came back without igniting the gas, it was all right to mine it. We do not do that any more; we have inspectors who analyze the gases and understand their business. Our inspectors are the highest paid in the United States and have more power than any other group of inspectors in the United States.

Mr. KELLEY. Are there any questions?

Mr. PERKINS. I want some time.

Mr. KELLEY. We will come back at 2:15.

(Whereupon, at 1 p. m., the subcommittee recessed until 2: 15 p. m. of the same day.)

AFTERNOON SESSION

(The subcommittee reconvened at 2:15 p. m., pursuant to the taking of the recess.)

Mr. KELLEY. The committee will please come to order.

Mr. Maize, do you want to continue now?

Mr. MAIZE. I am ready; yes, sir.

Mr. KELLEY. Mr. Maize has a statement to read.

TESTIMONY OF RICHARD MAIZE-Resumed

Mr. MAIZE. With your permission, Congressman, I should like to make a statement in reference to the Federal code as compared with the mining laws of Pennsylvania, and I would like to show you and get in the record what we have to contend with, especially in southwestern Pennsylvania. We have some mines over in that country that make from 3,000,000 to 5,000,000 cubic feet of gas in 24 hours. Some of those mines have been operated for 30 years, and they have never had an explosion, with all that volume of gas. And they were in

existence long before the Federal Bureau of Mines came in. And that gives you an idea as to how we handle that situation.

I would just like to let you know that.

Mr KELLEY. Did I understand you to say that they have never had a nine explosion?

Mr. MAIZE. Yes, sir.

Mr. KELLEY. Well, Mather did

Mr. MAIZE. Mather did. Mather is the one exception. I am talking of the Vesta Coal Co. Their large mines have been in existence for over 30 years. Three million cubic feet of gas is made every day in that mine. That makes for a good bit of trouble.

I would like to put in the record a copy of our inspection report to show you how our inspectors report the conditions. There are conditions here that he has to report. There are 33 questions that he must answer, all dealing with safety.

Mr. KELLEY. Did you wish to have it introduced into the record?
Mr. MAIZE. I want to have it introduced into the record.
Mr. KELLEY. Without objection, it is so ordered.

(The document referred to is as follows:)

COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF MINES, REPORT OF MINE INSPECTION

(TO BE POSTED AT MINE)

Date: April 27-28-29, May 4-5-6, 10-11-12, 1949

District No.: Thirteenth bituminous.

Operator: H. C. Frick Coke Co. Name of Mine: Robena.
Location of mine: Greensboro, Pa. County: Greene.

Kind of opening: Shaft. Gaseous: Yes. Name of seam: Pittsburgh.