Section 4. It shall be the duty of the Chief of the Department to devote the whole of his time to duties of his office, and to see that the mining laws of the State are faithfully executed; and for this purpose he is hereby invested with the same power and authority as the mine inspectors, to enter, inspect and examine any mine or colliery within the State, and the works and machinery connected therewith, and to give such aid and instruction to the mine inspectors, from time to time, as he may deem best calculated to protect the health and promote the safety of all persons employed in and about the mines; and the said Chief of the Department of Mines shall have the power to suspend any mine inspector for any neglect of duty, but such suspended mine inspector shall have the right of appeal to the Governor, who shall be empowered to approve of such suspension or restore such suspended mine inspector to duty, after investigating the causes which led to such suspension. Should the Chief of Department of Mines receive information by petition, signed by ten or more miners or three or more operators, setting forth that any of the mine inspectors are neglectful of the duties of their office, or are physically unable to perform the duties of their office, or are guilty of malfeasance in office, he shall at once investigate the matter; and if he shall be satisfied that the charge or charges are well founded, he shall then petition the court of common pleas or the judge in chambers, in any county within or partly within the inspection district of the said mine inspector; which court upon receipt of said petition and a report of the character of the charges and testimony produced, shall at once issue a citation, in the name of the Commonwealth, to the said inspector to appear, on not less than fifteen days' notice, on a fixed day, before said court, at which time the court shall proceed to inquire into the allegations of the petitioners, and may require the attendance of such witnesses, on the subpoena issued and served by the proper officer or officers, as the judge of the court and the Chief of said Department may deem necessary in the case; the inspector under investigation shall also have similar power and authority to compel the attendance of witnesses in his behalf. If the court shall find by said investigation that the said mine inspector is guilty of neglecting his official duties, or is physically incompetent to perform the duties of his office, or is guilty of malfeasance in office, the said court shall certify the same to the Governor, who shall declare the office vacant, and shall proceed to supply the vacancy as provided by the mining laws of the State. The cost of such investigation shall, if the charges are sustained, be imposed upon the deposed mine inspector; but if the charges are not sustained, the costs shall be paid out of the State Treasury, upon voucher or vouchers duly certified by said Chief of Department.
To enable said Chief of the Department of Mines to conduct more effectually his examinations and investigations of the charge and complaints which may be made by petitioners against any of the mine inspectors as herein provided, he shall have power to administer oaths and take affidavits and depositions, in form and manner provided by law: Provided, however, That nothing in this section shall be construed as to repeal section thirteen of article two of the act of Assembly, approved the second day of June, Anno Domini one thousand eight hundred and ninety-one, entitled "An act to provide for the health and safety of persons employed in and about the anthracite coal mines of Pennsylvania, and for the protection and preservation of property connected therewith," and also articles thirteen and fourteen of an act of Assembly, approved the fifteenth day of May, Anno Domini one thousand eight hundred and ninety-three, entitled "An act relating to bituminous coal mines, and providing for the lives, health, safety and welfare of persons employed therein."