Mines and Mining boundary line, the inspector shall so notify the said operator or the said superintendent, who shall have such portion of the workings of said adjoining mine or mines surveyed and shown on the map of the mine first mentioned. For the purpose of making only the survey herein required, the engineer or surveyor of any mine shall have the right of entry into any adjoining mine, on the written authority of the inspector." Section 5 provides, in part, that "A true copy of said map shall be kept in the mine office at the mine, for the use of the mine officials and the inspector." Section 4 provides, in part, that "At least once every six months the operator or the superintendent of every mine shall cause to be shown accurately on the original map of said mine, and on the copy of the map in the mine office, all the excavations made therein during the time that has elapsed since such excavations were last shown thereon." Section 5 of said Act of Assembly provides, in part "The operator or the superintendent of every mine shall furnish the inspector of the district with a true and correct copy of the aforesaid original map of said mine, on tracing cloth, and at the end of every six months thereafter the inspector shall return said copy to the operator or the superintendent, who shall place or cause to be placed thereon all the extensions made, and all portions of the mine worked out or abandoned, during the preceding six months, as provided for in Section 4 of this Article, and shall forward the map to the inspector within thirty days from the time of receiving it * * The copies of the maps of the several mines, as hereinbefore required to be furnished to the inspector, shall remain in the care of the inspector of the district in which said mines are situated, as official records pertaining strictly to the office of said inspector, etc." Section 11 of Article XIX provides, in part, at page 312, with reference to the inspector * * "It shall be his duty to thoroughly examine each mine in his district as often as possible (but at least once every four months) and to see that all the provisions of this act are observed and strictly carried out. The Department of Mines was established by the Act of April 14, 1903. It provides, in Section 4, that * "It shall be the duty of the Chief of the Department * to see that the mining laws of the State are faithfully executed; and for this purpose he is hereby invested with the Building and Loan Associations same power and authority as the mine inspectors, to enter, inspect and examine any mine of colliery within the State." The Mining Laws are violated when one person unlawfully mines the coal of another. The State is like any other owner and is entitled to the same protection as any other owner of coal in place. In my opinion, you have the right to examine and determine whether mining operations are trespassing upon the property of another, even though there is no mining in the property imposed to be trespassed upon. I therefore advise you that you and the inspectors under your direction have full authority to determine whether the Fall Brook Coal Company is, in fact, encroaching upon the property of the Commonwealth. The letter of your Inspector which accompanies your request says that he will have to have higher authority than a Forestry Inspector to give him the information upon which to act. The Commissioner of Forestry is the custodian of the State lands and the Commissioner of Forestry stands in the place of the Commonwealth. When the complaint was brought to your inspector's attention, through you, it was complete so far as the preliminary steps were concerned, and it is the duty of the inspector to act upon each complaint. Building and Loan Associations. Building and Loan Associations-Interest A building and loan association cannot legally collect interest from the date on which a borrower tenders payment of his loan until the next meeting of the association. Attorney General's Department. Opinion to John W. Morrison, First Deputy Commissioner of Banking. Myers, Deputy Attorney General, May 5, 1920. There has been received by this Department your request for an opinion as to whether a Building and Loan Association can legally collect interest from the date a borrower tendered payment of a loan until the next regular meeting of the Association, the Association having refused to accept payment of the loan on the date it was tendered by the borrower. The Act relating to mutual saving fund, building and loan associations, regulating the mode of charging premiums, bonus. or interest in advance, of withdrawals, of repayment and collection of loans, also restricting the power to levy excessive fines, and defining the rights and liabilities of married women Hummel's Nomination. stockholders, and prescribing the non-application to these associations of the bonus tax and registry laws for corporations." provides in Section 4, P. L. 17: "A borrower may repay a loan at any time I am of the opinion that under the above Section of the Act of 1879, when the borrower tendered the amount of his loan with interest and satisfaction fee, it was the duty of the officers of the Association to accept it and satisfy the mortgage given by the borrower, notwithstanding the fact that such tender was not made at a regular meeting of the Association. The regular meetings of the Association are held for the purpose of the collection of dues on stock and making loans to those applying therefor. It is not necessary to have such meeting for the purpose of payment of the principal and interest due the Association on the loan. In Winn vs New Sothwark Building Association, 20 District Reports, 625, Judge Ferguson, in the Court of Common Pleas No. 3, Philadelphia County, interpreting Section 4 of the Act of 1879 says: "We are of opinion the proviso in the Act of 1879 was inserted for the protection of the stockholder, * * * The question there involved was not the same as here, but the same line of reasoning can be applied to this case, and it seems to me to be contrary to the spirit of the Act to impose upon the borrower the payment of additional interest after he is ready to repay his loan in accordance with the provisions of the Act of 1879, which gives him the privilege of repaying it at any time. You are, therefore, advised that a Building and Loan Association cannot legally collect interest from the date a borrowter tenders payment of his loan to the next regular meeting of the Association. In the Matter of the Nomination Petition of Jacob L. Hummel, for County Committeeman from the Fourth Precinct of the Tenth Ward, of the City of Harrisburg, Dauphin County, Pennsylvania. Nomination of candidates-Nominating petition-Amendment. In the absence of evidence of fraud, a nominating petition, defective in not having the necessary affidavit, may be amended. Objections to nominating petition. C. P. Dauphin County, No. 400, June Term, 1920. J. Dress Pannell for objections. Emerick's Nomination Henry, P. J., 52nd Judicial District, specially presiding, April 30, 1920. The evidence in support of the objections to the above nominating petition establishes that James L. Hummell, who made the affidavit with respect to the signatures, saw 3 sign, and 3 others told him they had signed. The affiant was told by the party who circulated this petition that 11 qualified electors had signed. The party who circulated the petition does not live in that political division; but while he is not qualified to make the necessary affidavit, yet it is quite possible that this may be supplied by others. The nominating petition is defective in not having the necessary affidavit, but there is no evidence of fraud or corruption, and the amendment will be allowed. And now, to-wit: May 1, 1920, the objection to the nominating petition in the above entitled case is hereby sustained, with leave to amend the affidavit with respect to the signatures of the parties to the nominating petition; if such amendment is filed in the office of the Commissioners of Dauphin county on or before 12 o'clock noon of Monday, May 3, 1920; if such amendment be not made the nominating petition is set aside. The Prothonotary is directed to certify this order to the Commissioners of Dauphin county. In the Matter of the Application to set aside and declare void the petition of Morris Emerick, of the 2nd Precinct, 9th Ward, of the City of Harrisburg, as a Candidate for election to the office of Democratic County Committee. Nomination of candidates-Nominating petition. Where, upon the hearing of objections to a nominating petition, it is clearly established that the petition was not signed by the required number of qualified electors, there can be no amendment. To allow an amendment in such a case would be legislation. In effect, it would be permitting the filing of a petition subsequent to the last day for filing petitions as fixed by act of assembly. Objections to nominating petition. C. P. Dauphin County, No. 396, June Term, 1920. O. G. Wickersham, for objections. Henry, P. J., 52nd Judicial District, specially presiding, May 1, 1920. The nominating petition in this case contains 10 signers, the required number for a candidate for membership upon the Jackson's Nomination Democratic County Committee. The evidence submitted in support of the objections indicates that J. W. Moyer, one of the signers, is a Republican, in the 2d precinct of the 9th ward of the city of Harrisburg. Section 6 of the act of July 12, 1913, provides that the names of candidates for nomination for party officers, shall be printed upon the official ballot of the designated party only upon filing of nominating petitions signed by qualified electors of the proper political division or district, etc. Subdivision b of Section 7 of the act requires the signatures of 10 qualified electors to the nominating petition of a candidate for membership upon a party committee. It is clearly established here that only 9 qualified electors have signed the petition, consequently there is no valid petition, and nothing to amend. To permit an amendment in a case of this character would be legislation, and in effect would be permitting the filing of a nominating petition by the required number of electors subsequent to the last day for filing of such petitions, as fixed by the act of assembly. And now, to wit: May 1, 1920, the objections to the nominating petition of Morris Emerick are sustained and said nominating petition is hereby set aside. The Prothonotary is directed to certify this order to the Commissioners of Dauphin County. In the matter of the application to set aside and declare void the petition of James K. Jackson, of the 1st Precinct, 3d Ward of the City of Harrisburg, as a Candidate for election to the office of Democratic County Committee. Nomination of candidates-Nominating petition-Qualifications of signers-Amendment. The signers of a nominating petition must be qualified electors of the political party from which the nomination is sought, at the time of signing the petition. A nominating petition which has never had the required number of properly qualified signers is not amendable. Objections to nominating petition. C. P. Dauphin County, No. 399, June Term, 1920. O. G. Wickersham for objections. Henry, P. J., 52nd Judicial District, specially presiding, April 30, 1920. The nominating petition in this case contains 11 signers, the required number being 10. The evidence submitted in support of the objections to this nominating petition established that one of the signers is registered as a Republican, |