March 20, 1913. _________________________________________________________________________________________ THE COLLIERY GUARDIAN. 605 to prove that he has been included in the number of persons eligible. With regard to the second ground on which the jurisdiction is resisted, Rule 7 (of the Derbyshire District Board) has to be considered. That rule provides that if a question arises as to whether a workman is one to whom the minimum rate of wages is applicable, or as to whether he has forfeited such right, the question shall (in events which have happened in the present case) be decided by an independent chair- man, whose decision shall be final. And the rule further provides that such independent chairman shall give a certificate of his decision, and that such certificate shall be conclusive evidence of tbe decision arrived at. On November 14, 1912, the independent chairman in this case emitted two documents signed by him. One purports to be a certificate that a decision had been come to excluding the plaintiff from the operation of section 1 of the Act, and the other affords cogent evidence that no such decision had, in fact, been given on any question fit to be submitted to the independent chairman at all. The question which the independent chairman did decide is not, in my opinion, brought within his province, either by the Act (see the last paragraph of subsection 2 of section 1) or by Rules 5, 6 and 7, which correctly observe the limits prescribed by the Act. The question which he deals with arises under Rule 4, and he expressly gives as his reason for rejecting the plaintiff’s claim a construction of that rule. Whatever else may be said about Rule 4, in my opinion it is not one of the matters upon which the independent chairman is invited or permitted by the Act or rules to exercise his judgment at all. It was urged that the certifi- cate was itself conclusive evidence that the decision which it purported to record had been given, and the last paragraph of Rule 7 was relied on for this purpose. The wording of the certificate has been so badly adapted from a printed form as in itself to throw doubt on the efficiency of the document. But I refuse to regard it as conclusive for other reasons. I think that the arising of one of the only questions fit to be tried by the independent chairman and his decision on that question are conditions precedent to the granting of a certificate within the meaning of the Act and rules. I find on the evidence of the letter of November 14 that no such question was submitted to, or, at any rate, decided by that independent chairman, and I accordingly decide that the so-called certificate is not a certificate within the meaning of the Act and rules, and for these reasons I hold that the objection to the jurisdiction of this court fails.” Leave to appeal within 21 days was granted. Nationalisation and Rousing: Deputation to the Premier. The interview which the Prime Minister grants each year to a deputation of the Parliamentary Committee of the Trades Union Congress was held on Monday in Mr. Asquith’s room at the House of Commons. Mr, W. E. Harvey, M.P., who introduced the question of the nationalisation of mines, said that on the present divi- dends it would be a good investment for the nation. They said that the Minimum Wage Act would cost 3d. a ton, but prices had gone up 2s. a ton, and the mine- owners were fleecing the public. Mr. Asquith questioned as to who was making money out of that—the coalowner or the contractor. On Mr. Harvey asserting that it was the coalowner, Mr. Asquith observed that if the latter contracted in advance, as he very often did, and his output was bought for six months ahead, he got no advantage from [any rise of price from the consumer during that time. Mr. Harvey replied that the Midland Railway contracts and all railway contracts had gone up, not 3d., but 2s. a ton, and the mineowners put more on in the case of the coal merchants. Mr. Asquith, in reply, said he did not know whether Mr. Harvey’s attention had been called to some information recently laid before Parlia- ment in regard to the operation of nationalisation in Prussia. It was not of a very satisfactory kind, and did not tend to encourage a very sanguine hope as to what the repetition of the experiment made there would produce in this country. When they had regard to the enormous variety of conditions under which our mining industry was carried on, the highly speculative ingredients which entered into it, and the complexity of the whole system of production and management, he confessed he should look with very considerable hesitation upon any proposal to transfer the mines, as a going concern, to the management of the State. He quite agreed that railways stood on a different footing in this respect from mines and most other productive industries. The State to a very large extent controlled and interfered with their operations in fixing rates and so on, and it was quite true that it was contemplated by Parliament at the time when railways were originally built on a large scale that, under certain conditions, they might be taken over by the State. That contingency had always been, at any rate, a possi- bility which those who invested their money in railway enterprise were invited, and indeed bound, to contemplate. But there were practical difficulties of a very serious kind in the application of the principle of nationalisation to the railways. He was quite sure that any such operation, carried out on reasonable and equitable terms, would be immediately followed by very large demands from two entirely different quarters—from the traders in the matter of rates, and from the workers for better con- ditions as to wages and hours of labour. He remained of the opinion that, the burden of proof being on those who favoured the proposal, that burden had not, from the point of view of the community, been adequately discharged. Mr. Burns replied to Mr. Harvey’s demand for further measures for the improvement of housing in mining areas. He said at this moment 25 mining areas were building houses under the Act of 1909. He recommended the deputation to preach to the local authorities on this question instead of to the Government; they would achieve much more. Miners’ Federation of Great Britain. A special conference of the Miners’ Federation of Great Britain will be held at the Westminster Palace Hotel, London, on Thursday and Friday, March 27 and 28. There is to be a short sitting on the Thursday afternoon, for the election of committees and other formal business, while the principal questions on the agenda will be taken on Friday. The conference was originally fixed for Wednesday of this week, but the date was changed to meet the wishes of the Durham miners. The conference will have to consider several important matters affecting the industry. The first question is the ballot on the five days a week policy. The vote recorded is so close, and so large a number of the men have abstained from voting, as to make the result inconclusive. It is unlikely that any direct action will be taken by the Federation, beyond deciding to report the result to the next international congress. The next question is a result of the national strike of last year. The rules of the Federation make no provision for the majority required to continue or to end a strike— whether it shall be a simple majority or a two-thirds majority. It is now proposed that a definite rule shall be framed. Then the new Trade Union Act will be discussed. The most serious question on the agenda is the three-shift system in Northumberland and Durnam. The conference will also be asked to consider the question of a memorial to the late president (Mr. Enoch Edwards). The remaining questions on the agenda are women’s suffrage and the threatened strike in Belgium. __________________________________________________ LAW INTELLIGENCE. HIGH COURT OF JUSTICE. KING’S BENCH DIVISION.—March 12. Before Justices Channell, Bray and Coleridge. Length of Notice. Glamorgan Coal Company y. Amos.—This was a special case stated by Mr. Lleufer Thomas, stipendiary magistrate of Pontypridd. The case raised a question as to the length of notice to be given by the colliers since the coal strike and the passing of the Minimum Wage Act. The point arose out of the decision of the colliery owners, since the Act came into operation, to work their collieries on day-to-day contracts, the men alleging this was a breach of the Con- ciliation Board agreement of 1910, which provided for one month’s notice. At the police court proceedings the work- men’s representatives claimed damages under the Employers and Workmen’s Act, 1875, for the dismissal of Alfred Amos, of Rhys-street, Trealaw, at 24 hours’ notice. In the end the magistrate found that a four weeks’ notice was necessary. The men did not resist the appeal by the coal company against the decision. Mr. Justice Channell said he was of opinion the appeal must be allowed. They had got to consider upon what terms the parties were working. Personally, he had some doubt as to whether it was not a question of fact as to what the terms of employment between the parties were from July 5 to July 13. He (Mr. Justice Channell) thought it could be dealt with upon the footing there was no evidence to support plaintiff’s claim on the question of fact. There was an agreement called the conciliation agreement under which the parties were working, which included provisions for wages and special terms as to notice, the length some- times being nearly two months—seven weeks. That agree- ment was put an end to by the dispute which ended in the strike, and when the Act of Parliament was passed it was still left open to the parties to contract subject to the terms of that Act. That means of settlement having been arrived at, this particular colliery opened upon the terms of a notice dated April 4, which stated that pending the fixing of the minimum rates the men would work under the Conciliation Board terms of April 8, 1910, except that the contract of service should be day to day, terminable by one days’ notice. That was the agreement, whereby the terms and conditions were adopted temporarily, and temporarily only, and pending the fixing of the minimum rates. That agree- ment did not end solely with the making of the award. The man worked on eight days and then got this day’s notice. It was impossible to say that at that time he had got any contract for. a month. The temporary agreement was obviously intended to last until the award was made, and for a reasonable period afterwards, for the parties.to consider their positions. Mr. Justice Bray and Mr. Justice Coleridge concurred. The appeal was allowed with costs. The magistrate’s order was quashed and judgment entered for the defendants—the Glamorgan Coal Company. ___________________________ THE TIN-PLATE TRADE. Liverpool. A moderate business of the hand-to-mouth description has been done during the week. Prices show no improve- ment—indeed, for spot lots lower figures than ever have been taken. Forward trade is very slow, neither buyers or sellers caring to commit themselves ahead to any extent. Following are about the prices to-day being quoted for plates over the next two or three months:—Cokes: I C 14 x 20 (112 sh. 108 lb.), 14g. l|d. to 14s. 3d. per box; I C 28 x 20 (112sh. 2161b.), 28s. 3d. to 28s. 6d. per box; I C 28 x 20 (56 sh. 108 lb.), 14s. 6d. to 14s. 9d. per box; I C 14 x 18| (124 sh. 110 lb.), 14s. 3d. to 14s. 6d. per box; I C 14 x 19| (120 eh. 110 lb.), 14s. 3d. to 14s. 6d. per box; IC 20 x 10 (225 sh. 156 lb.), 20s. 61 to 20s. 9d. per box; I C squares and odd sizes, 14s. 6d. to 14s. 9d. basis for approved specifications. Charcoal tins are easy at 16s. 6d. basis and upwards according to quality. Coke wasters are quoted :— C W 14 x 20, 13s. to 13s. l|d. per box; C W 28 x 20, 26s. to 26s. 3d. per box ; C W 14 x 18f, 13s. l|d. to 13s. 3d. per box; C W 20 x 10, 18s. 6d. to 18s. 9d. per box—all f.o.b. Wales, less 4 per cent. __________________ THE BY-PRODUCTS TRADE. Tar Products.—The market is steady, though somewhat quiet. Benzols and pitch remain firm, the former being rather firmer if anything. Crude carbolic, acid, and also crystals, are the turn easier. Creosote and naphthas keep much about the same, with a fairly good enquiry. Nearest quotations are:— /Hi to 1/ /10| /10i Benzols, 90’s ................................ Do. 50’s ................................ Do. 90’s North.......................... Do. 50’s North.......................................... Toluol....................................... Carbolic acid, crude (60 per cent.) .......... Do. crystals (40 per cent.)................. Solvent naphtha (as in quality and package) ... Crude ditto (in bulk) ....................... Creosote (for ordinary qualities) ............. Pitch (f.o.b. east coast) ..................... Do. (f.a.s. west coast) ..................... Do. (f.o.b. gas companies) ................. /XU4 1/9 to 1/9| /54 to /5f 1/04 /5| /3i 49/6 to 50/ 48/ to 49/ 50/6 [Bensols, toluol, creosote, solvent naphtha, carbolic acids usually casks included unless otherwise stated, free on rails at makers9 works or usual United Kingdom ports, net. Pitch f.o.b. net.] Sulphate of Ammonia.—There has been more movement, due in part to the somewhat easier tone in the north. Export figures for the month show an increase over last year’s return for the same period, tbe U.S.A, shipments indicating a substantial advance. Closing prompt prices are:— London (ordinary makes)............ £13/5 Beckton (March-April).............. £13/15/ Liverpool.......................... £14/1/3 Hull .............................. £14/ Middlesbrough .................... £13/18/9 Scotch ports........................ £14/2/6 to £14/5/ Nitrate of soda (ordinary) per cwt. ... 12/ [Sulphate of ammonia, f.o.b. in bags, less 2| per cent, dis- count ; 24 per cent, ammonia, good grey quality; allowance for refraction, nothing for excess.] ______________________________ Well-known Wigan Mining Engineer Honoured in America.—A tribute of esteem has just been paid to Mr. Richard Newsam, of Peoria, Illinois, on the occasion of his retirement from active Government work. Mr. Newsam has acted as president of the State Mining Board and as chair- man of numerous mining investigation commissions. Now, on account of the growing weight of years and somewhat impaired health, he has been compelled to resign from those bodies, and the opportunity has been taken by the members of the Mining Investigation Commission to place on record their appreciation of his services to the miners, mineowners and mining interests of the State. It is stated in this testi- monial that, as a result of his labours on the Board, “ the standard of efficiency in Illinois, from being among the lowest, is now among the highest in the civilised world,” whilst his qualities of guidance and direction on the Commission have produced “ what has been pronounced to be the best code of mining laws ever formulated in any State or country. And all this he was able to do without advantage of academic or collegiate training. An English miner, inured to the use of the pick from early years, having entered the mines at the age of eight years, a man whose school was the pit, and whose university was contact with great minds through the printed page by candle light, he was yet able to qualify himself to be the leader in the application of science to the mining industry, and make of himself an authority in that science. Most of all, he is to be honoured for his devotion to public service, and the unstinted giving of time and energy to its interest, at a time when most other men were mainly concerned with making money. For many years, especially in the latter years of his busy life as a coal operator, he has withdrawn his working power from a business where it could have been coined into dollars and given it freely in the service of his fellow-man’, The testimonial is signed by J. E. Williams, William Hall* and H. H. Stock. It may be added that Mr. Newsam is a native of Wigan, but left this country about 50 years ago for the United States, and quickly became one of the leading coalowners in Illinois. Nevertheless he has visited his native country almost every summer during the last 30 years, and has numerous friends in Lancashire who will be glad to read this paragraph.