Walls v. Miller

I concur with the majority that W.Va. Code, 22-2-42(a), relating to communication facilities in a mine, and W.Va. Code, 22-2-6, requiring removal of personnel inby the equipment in the same ventilating split, are mandatory statutes which the Director of the Department of Mines is required to enforce under W.Va. Code, 22-1-4.1 However, I am unable to agree with several statements made by the majority with regard to the writ of mandamus.

Contrary to the suggestion of the majority that we are ex cathedra broadening the writ for the good of the public, the reason the writ of mandamus will lie is…