have always been the most powerful influence in securing passage of mining legislation."

I believe the foundation referred to the great difficulty in getting the Bureau of Mines established in 1910, as well as the long history of unsuccessful efforts to enact legislation before the first breakthrough by the 1941 act.

Here we are, 27 years later, and yet another mining disaster has occurred the Mannington-Farmington, W. Va., No. 9 mine explosions, which killed 78 men in November 1968. The stark reality contained in the Russell Sage Foundation 1942 study is as true today as it was then. Our antidisaster actions are always after the fact.

In a report from the Bureau of Mines, Department of the Interior, called "Coal Mine Fatalities of 1968," there is documented a total of 309 work fatalities in 1968. By dividing 78-the number of men killed in the Mannington explosion disaster-into 309, there was the equivalent of four Mannington disasters that year.

In 1967, the Bureau reported 220 mineworker fatalities. Despite such a large number of fatalities, the report provided the reassuring statement that there were no "major disasters" in coal mines for that year. This is because the legal definition of a major disaster means that five or more men are killed simultaneously.

As far as this Senator is concerned, these hearings must take great care to look behind and deeper than the legal definition. We must come to understand the human definition of a mine disaster. My starting point is that one man killed equals one disaster. And it seems to me that is the only definition we can in good conscience offer the widows and children of the 309 mineworkers killed in 1968.

And again I would like to go back to the work of Senator Randolph in extending the Mine Safety Act to even the smaller mines.

Senator RANDOLPH. Yes, Mr. Chairman; to the mines with 15 workers or less. This was important and has proved to be helpful in improv ing the safety of the workers in the small mines in West Virginia. Frankly, we have several hundred miners in that category.

Senator WILLIAMS. I believe then, Senator, we certainly agree that one death in the mine is a disaster.

Senator RANDOLPH. Yes, I made that argument, Mr. Chairman. I think it is true. I did so at the time of the passage of the act and I reiterate it here today.

Senator WILLIAMS. The largest number of underground deaths in a year are caused by roof falls in the mines. The second ranking cause is gas and dust explosions; other leading causes are haulage accidents, electrical, and machinery. Deaths from these five ranking causes of fatal accidents made up 93 percent of the total deaths in underground workings in 1968.

We have recently been made aware of the seriousness and the magnitude of the miner's occupational respiratory disease, pneumoconiosis, or "black lung," which is caused by inhalation of coal dust. Dr. Willian Stewart, the Surgeon General of the United States, has said that "black lung" conservatively affects more than 100,000 soft-coal workers. This information may be news to us but it is an old story to the coalminers. According to Dr. Lorin E. Kerr, assistant to the execu tive medical officer, United Mine Workers of America welfare and

retirement fund, what we now know as "black lung" was called "miner's con" years ago. The first medical term was "miner's asthma"; the cause of miners' spitting, coughing, and breathlessness was unknown, so doctors used the phrase "miner's asthma" to label the condition.

After years of study and research we now call it pneumoconiosis. But call it what you will-it disables and kills.

Men die from this disease, but before they die they suffer extreme pain and shortness of breath for 15 to 20 years-many continuing to go down to the mines to work with their affliction.

The mechanization of our coal mining industry has increased the miner's chances for contracting the disease. High-powered drills, mechanized loaders, electrical cables the whole mechanized process creates more coal dust.

The seriousness of this problem is underscored when we consider the Surgeon General's estimate that as many as 70 percent of the 144,000 coal miners in this country are suffering from "black lung." Furthermore, pneumoconiosis is not recognized as a compensable occupational disease except in the States of Pennsylvania, Virginia, and Alabama. We just heard from Senator Randolph that it appears as though this is going to be increased by West Virginia shortly.

Did I understand you correctly on that?

Senator RANDOLPH. West Virginia is considering increased benefits under our workmen's compensation law which now is in the process of amendment by the State's legislature.

Senator WILLIAMS. I appreciate that. I will say, as I read in the newspapers, there are about 10,000 miners in West Virginia who are expressing their views in united action within your great State at this point, addressing themselves to the State legislature.

Senator RANDOLPH. That is correct. They are very active.

Senator JAVITS. Senator Randolph and I and others are sponsoring a bill to review the workmen's compensation laws of the United States. What the chairman has just said bears very directly and urgently on this.

Senator WILLIAMS. I agree we are. I think maybe later in the morning when we talk to some of our witnesses we might raise that as one of the points of interest.

Senator RANDOLPH. In connection with Senator Javits' remark in reference to workmen's compensation; namely, a review of the State statutes, Senator Javits has been a prime mover in that effort, not only as we begin this 91st Congress but in the 90th Congress, too. We had discussions within this committee. I was gratified to be able to join with him.

Senator WILLIAMS. It is obvious that we must have legislative standards and technical methods for controlling coal dust at safe levels.

In this otherwise dark picture there is one pleasant thought: If I read correctly the coal industry's production and fiscal reports, these hearings will not be complicated by the "bankruptcy" arguments so frequently leveled at this type legislation.

The National Coal Association calls its product "The Fuel of the Future."

In a July 1968 press release, the NCA stated that the bituminous coal industry has recovered from its recent lean years. In 1967 it pro

duced 551 million tons of coal and prospects were bright. Major research efforts were then underway to convert coal to competitive gasoline and pipeline gas. Major oil companies, seeing their supplies dwindling, are investing heavily in coal. The release concluded: "As America's main reservoir of energy in the years ahead, coal's prospects are glittering."

Just how glittering was described in some detail in an article in Barrons July 1968, which reported the acquisition of the Nation's three largest coal producers by noncoal companies:

In 1966, Continental Oil Co. acquired the No. 2 producer, Consolidation Coal Co., which owns Farmington No. 9 in West Virginia. Last January, Occidental Petroleum Co. bought the No. 3 coal producer, Island Creek Coal Co.

And in March 1968, Kennecott Copper Co. absorbed the leading coal producer, Peabody Coal Co.

Other statistics on production and profits-from the same articlesuggest that the mining industry has never been in better fiscal health. It is, therefore, timely, fitting, and proper that we turn attention to the safety and health of the mine workers themselves.

Finally, we have recently had a case of oil pollution in California that shook the country. Now we are faced with a terrible mining disaster in West Virginia and evidence of lung pollution.

In both cases, at the top of the ownership structure we find big oil companies. This parallel may be trying to tell us something. Are there comments?

Senator RANDOLPH. Mr. Chairman, just a final word before we go down to the auditorium.

I want to reemphasize what I said in my opening statement: My action in introducing S. 335 and S. 467 does not mean that I enter these hearings with a closed mind or a preconceived or fixed opinion. Out of these hearings, as you have said, we should be able to bring legislation which is well reasoned and will improve the mine safety conditions. They should be improved. And, too, these measures should go to the very heart of the health problems of miners.

I think, Mr. Chairman, that the members of this Labor Subcommittee will give perhaps as close attention and support as we have to any other legislation that we have considered in the subcommittee or in the Labor and Public Welfare Committee over a long span of years. So I wish to pledge you, as I earlier said, my utmost cooperation in ferreting out the facts and being constructive in the interest of not only miners, but the public welfare, as well.

Senator WILLIAMS. I certainly appreciate that. I will say that the cooperation of the Senator from West Virginia is indispensable to success in this legislation.

Senator Metcalf.

STATEMENT OF HON. LEE METCALF, A U.S. SENATOR FROM THE | STATE OF MONTANA

Senator METOALF. Mr. Chairman, this is a very special privilege for me to introduce a most distinguished Montanan, a coal miner from Montana who has been an experienced coal miner, who has

worked up through the union, working in the Round-Up at Great Falls, at Stockett-Sand Coulee, and the Red Lodge Fields.

More than 30 years ago when I was running for office in Montana Mr. Boyle and I campaigned those coal mines together. In those days we were working for mine safety, we were working for the security of the miners, we were working for better salaries for the miners, better hours, and benefits. Tony has continued work for those all his life. That is how he has grown up and developed so that he is now the leading and outstanding spokesman for the coal miner

and United Mine Workers of America.

We in Montana are very proud of Tony Boyle. We are proud of the fact he came from Montana, we are proud of his achievements. We like to read about him in the paper when he is speaking for and in behalf of the coal miners throughout the United States.

Now we don't have very many coal mines any more. The railroad mines are down. We are using diesel fuel out in that country. But Tony is still speaking for mine safety, for the benefits and the needs of the coal miners with whom he grew up and whom he knows so well. So I am very proud to present to this committee an old friend, a fighter for the workers, and a distinguished Montanan.

Senator WILLIAMS. We appreciate that very much, Senator Metcalf. You understand that we will hear your statement when we retire to the new auditorium because of the large crowd that has gathered this morning for this very important hearing.

Mr. BOYLE. I thank you, Senator.

If I am not completely out of order, I would like to reciprocate very briefly that we are very happy and proud that we have representation from the great State of Montana, the Treasure State, by Lee Metcalf, who also came up the hard way in the State of Montana. Senator WILLIAMS. We share your feelings.

Senator METCALF. Thank you very much, Mr. Chairman.

RESUMING IN SECOND FLOOR AUDITORIUM

Senator WILLIAMS. It appears that everybody is settled and we are ready to convene our hearings in this far more comfortable room. Those who came here did not hear the opening statement upstairs. Senator Metcalf of Montana introduced the president of the United Mine Workers, President Boyle, who will be our first witness.

Mr. Boyle, will you come forward? Would your colleague like to come up to the table with you, Mr. Boyle?

Mr. BOYLE. Senator, if it meets with your approval, I have with me the director of our safety division of the United Mine Workers of America, Lewis Evans, who is an expert in his field of safety. I would like to have him sit with me here during the interrogation, if any.

Senator WILLIAMS. Senator Randolph ?

Senator RANDOLPH. I think Mr. Boyle wants to proceed with his testimony and the members of the subcommittee want to listen to his testimony on pending business.

Senator WILLIAMS. You are an indispensable witness, Mr. Boyle. We are delighted to welcome you here.

STATEMENT OF W. A. BOYLE, PRESIDENT, UNITED MINE WORKERS OF AMERICA, ACCOMPANIED BY LOUIS EVANS, DIRECTOR OF THE SAFETY DIVISION, UNITED MINE WORKERS OF AMERICA

Mr. BOYLE. Thank you.

If I may be permitted, Senator, I would like to have the privilege of making a very brief statement before I read my prepared statement. I will be subject to any questions that your subcommittee desires to ask after I have completed my statement.

My prepared statement does not show that I come from a family of coal miners. Both my grandfathers on both sides of my family were coal miners. All of my uncles on both sides of my family were coal miners. My father was a coal miner. And both my brothers-the oldest now deceased-were coal miners. With his exception, those who have passed on to their reward in my family, died from the results of working in coal mines of this country. So I speak, I believe, with some authority of what black lung might be, because my father died from black lung long before I ever heard anything about these overnight experts on black lung. I held him in my arms while he died.

My mother's two brothers died from black lung. They did not call it black lung in those days. They called it the miner's con. Anyone who had miner's con had some kind of contagious disease, no one wanted to be associated with him. So they were ostracized. Then the medical profession, or someone, came up with a new term and they called it miner's asthma. Well, that was fine, that got by for a while. Then people got familiar with miner's asthma to the point that they looked upon it and frowned upon it as being some kind of disease that was contagious. So then they came up with the great name of silicosis. They used that.

Now the medical profession, or someone, has come up with a new name for it called pneumoconiosis. Pneumoconiosis, silicosis, miner's con, miner's asthma, to this individual who represents the United Mine Workers of America, it is all black lung. It was killing these people long before this President was born.

I feel quite keen about these instant experts who now tell this President and who now tell the public, and who now rant and rave around the country, and these do-gooders that cry from Congress and where have you, about how sympathetic they are. Where were they when I needed them? Where were they when my predecessors needed them? Where were they when we were begging Congress and pleading with Congress in both Houses to pass legislation? And if it had not been for the friends we did have over here, we would not have a Federal Mine Safety Act now.

The Federal Mine Safety Act that was passed in 1941 at the insistence of the senior Senator of West Virginia, and people like him. what happened? We had to take it. It was a watered-down version of what the United Mine Workers wanted. And we accepted the 1941 | law because it was better than no law at all. We had no law. And that law, Mr. Chairman, if you care to review it, provides that the Federal coal mine inspectors under the direction of the Secretary of Interior