Daniels v. Hilgard

Citations

• 77 Ill. 640

Syllabus

<p>1. Constitutional law—police regulation in respect to mines and collieries. The legislature has power, under the constitution, to establish reasonable police regulations for the operating of mines and collieries, and the “act providing for the health and safety of persons employed in coal mines,’’ R. S. 1874, which requires-the owuer or agent of every coal mine or collier)- employing ten men, or more, to make or cause to be made an accurate map or plan of the workings of such coal mine or colliery, etc., is not unconstitutional.</p> <p>3. Same—question whether a requirement is a police regulation, is a legislative one. The question, whether certain requirements are a part of a system of police regulation adapted to aid in the protection of life and health, is properly one of legislative determination, and a court should not lightly interfere with such determination, unless the legislature has manifestly transcended its province.</p> <p>8. Parties. Under section 3 of the “act providing for the health and safety of persons employed in coal mines,” R. S. 1874, where the county surveyor, who w-as ex officio inspector of mines in his county, through his deputy, prepares a map of the workings of a coal mine, on the neglect of the owner or agent to do so, the former may maintain an action to recover the cost of the same in his own name. It is not necessary to sue in the name of the deputy doing the work.</p> <p>4. Map op mine—who to he satisfied. It, is no defense to such suit that the map made is not such as the law requires. If the inspector, in the performance of his official duty, has caused to be made a map, which he accepts as sufficient under the law, the owner of the mine will have no cause of complaint.</p>