Abstracts of Current Decisions on Mines and Mining: May to August, 1917 Page: 46
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DECISIONS ON MINES AND MINING.
REVIEW OF CLAIM-PRESUMPTIONS.
By the failure to file a statement of the facts as shown by the
additional testimony on the review of a claim, or a stenographic
report of the same, a material step in the proceedings to review the
decision of the Illinois industrial board was admitted, but under
such circumstances it must be presumed that the additional evidence
heard was sufficient to sustain the board's findings in the absence
of such additional testimony from the record. So in the absence of
a report of such additional testimony the finding of the board that
sufficient notice had been given is conclusive and it must be assumed
that the additional evidence offered supported the finding of the
board on the question of temporary and total disability.
Smith, Sohr Coal Min. Co. v. Industrial Board (Illinois), 116 Northeastern 656, p. 658.
DRAINAGE OF MINE.
LIABILITY FOR POLLUTION OF WATER.
The statute of Kentucky (sec. 2729, subdiv. 3), requires that a
mine foreman shall see that the water is drained out of the working
places before the miners enter and that the working places are kept
as free from water as practicable during working hours; and requires
the owners, lessees, or operators of mines to see that the water
drained from mines shall be drained as directly as practicable to
the adjacent streams or watercourses by means of ditches, flumes,
pipes, sewers, or other adequate provisions. This statute was
primarily passed in the interest of the health and well-being of
persons employed in coal mines. It is a well-known fact that in
all coal mines and especially those under drainage great quantities
of water accumulate which must be removed in order that miners
may have a reasonably healthy place in which to work. To remove
the water from mines it is necessary to carry it to the surface and as
nearly all water from coal mines carries copperas, sulphur, and the
like which is 'more or less destructive to plant life and deleterious
to the soil it was deemed wise by the legislature to require mine
owners to conduct the water into running streams. The legislature
having passed the act requiring the drainage of water from coal
mines into adjacent streams, the State can not prosecute a mining
company for so draining the water from its mine into the stream,
although it may in effect as to some individual persons create a
Commonwealth v. Kington Coal Co. (Kentucky), 194 Southwestern 1038.
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Thompson, Joseph Wesley. Abstracts of Current Decisions on Mines and Mining: May to August, 1917, report, December 1917; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc38745/m1/60/: accessed April 30, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.