Apkil 17, 1914.

THE COLLIERY GUARDIAN.

855

L&W IHTELLIGEKCE.

SUPREME COURT OF JUDICATURE.
COURT OF APPEAL.—April 5.

Before the Master of the Rolls, Lord Justice Buckle?
and Mr. Justice Channell.

A Leasehold Action.

J. Vipond and Co. Limited y. the Blaenavon Company
Limited.—This was an appeal from a decision of Mr. Justice
Joyce, who found that the appellants, the plaintiffs, were
not entitled to the specific performance of an agreement
for the renewal of the lease of the Varteg Colliery, Ponty-
pool. The plaintiffs had been the lessees of the defendant
company since 1860, and the lease expired in 1918. A few
years ago there were negotiations for the renewal of the
leases for a period of another 40 years. Plaintiffs' case was
that there was a binding and concluded arrangement agreed
to by the defendants. The Blaenavon Company, however,
repudiated this, and plaintiffs proceeded in the Chancery
Division with an action for specific performance and alter-
natively for damages. The judge in the court below decided
that there was no binding and concluded agreement between
the parties, and that there could be no specific performance
enforced or liability for damages.

The Master of the Rolls, in giving judgment, said that
at the trial below a great deal of evidence was called on the
correspondence which in his (the Master of the Rolls)
opinion was quite inadmissible. There was, he thought, a
clear contract, of which specific performance ought to be
decreed, unless the defendant company could make out
special circumstances against it. The judgment of Mr.
Justice Joyce would be discharged, and judgment for
specific performance given for the plaintiffs and the costs.

Lord Justice Buckley, in the course of his judgment, said
the defendants had laid stress on a blunder made in their
letter, but no one was to blame for that blunder except the
defendants themselves. It was an offer considered by their
board, and made deliberately, and was accepted by the
plaintiffs, and by that contract he considered the defendants
were bound. The plaintiffs, however, had said they would
do all they could and even more to remove the hardship
pleaded, and therefore he said he must consider this a
completed contract, and one which the defendants must
specifically perform.

Mr. Justice Channell agreed, and the appeal was allowed
with costs.

PARLIAMENTARY INTELLIGENCE.

HOUSE OF COMMONS.—April 7.

Mineral Workings in Scotland.

Mr. Duncan Millar, in moving for leave to bring in a
Bill to amend the law relating to feus and leases for
buildings in Scotland and to secure compensation for
injury caused by mineral working, said the object of the
Bill was to give compensation to feuars and lessees for
damage caused to their buildings by subsidence of the
ground due to mineral workings. The provisions of the Bill
were extremely brief and simple. The Bill proposed that
all such conditions in future should be null and void unless
accompanied by payment cf full compensation for the
damage done. In a wealthy industry like the mining
industry there was plenty of money available to provide
such reasonable compensation. The Bill had been intro-
duced for the past 20 years by members representing the
north-eastern division of Lanarkshire. If they had had a
Scottish Parliament they should have passed the Bill
before this, and he was quite sure that, without distinc-
tion of party, men sitting in a Scottish Parliament would
have supported such a measure and carried it into law.

The Bill was then introduced and read a first time.

April 14.

Hours of Surface Workers.

Mr. Wing asked leave to introduce a Bill to amend the
Coal Mines Act, 1911, for the purpose of limiting hours of
work to enginemen, boilermen, and stokers employed on the
surface at mines. Ho said its object was to amend the Act
of 1911 by extending the eight hours principle to engine-
men, boilermen, and stokers employed at mines. At present
the fan engineman worked 12 hours a day, seven days in
each week, and no meal hours. The haulage engineman
worked 12 hours each day for seven days in each week, and
had no meal hours. The electric power engineman had a
12 hours day, many of them, seven days a week, and no
meal hours. The boilerman had a 12 hours day and no
meal hours, and a seven days week, or in changing over
from night shift to day shift he worked a 24 hours Sunday
At small collieries the boilerman was also stoker. In order
to get a shorter day, these men shared their work by one
working a 10 hour day while his mates worked a 14 hour
night shift. The stoker or fireman worked 12 hours per
day, seven days a week, and had no meal hours. There was
no class of worker at the mines worse paid or harder
worked. He was the man who was constantly moving on
and changing employment. His average working life was
12 years. The demand had already been acknowledged by

many employers. Half the enginemen, boilermen, and
stokers in Scotland already enjoyed an eight hour day. The
colliery proprietors of Derbyshire and Nottinghamshire had
granted the demand.

The Bill was read a first time, second reading being fixed
for Monday next. It is backed by Mr. Fenwick, Sir Arthur
Markham, Sir John Barlow, Mr. Aneurin Williams, Mr.
Stephen Walsh, Mr. Hayward, Mr. Duncan Millar, Mr.
John Wilson, Mr. Pringle and Mr. Kenyon on behalf of
the National Federation of Colliery Engine and Boilermen.
It provides that, with certain exceptions, a workman shall
not be within the surface premises of any mine for the
purpose of his work for more than eight hours during any
consecutive 24 hours. For the purpose of the Act, the
expression “ workman " means any person employed on the
surface premises of any mine at a steam or electrically-
driven engine (other than a winding engine), and persons
employed in charge of boilers under pressure, and persons
employed at stoking for steam-raising. The provisions of
the Act do not apply : (a) In the case of any workman who
is employed for the purpose of rendering assistance in the
event of accident or for meeting any danger or for dealing
with any emergency or exceptional work which requires to
be dealt with without interruption in order to avoid serious
interference with ordinary work in the mine ; and (6) in the
case of any workman who may for the purpose of changing
his shift at week-ends be employed for a period of not more
than 16 hours, provided a period of not less than eight
hours elapses between the expiration of the previous
shift and the commencement of the next shift.

In the event of any contravention or non-compliance on
the part of a workman, the owner, agent, or manager of the
mine shall not be guilty of an offence under the Act if he
proves that he has taken all reasonable means to prevent
the contravention or non-compliance. A person guilty of
an offence under the Act shall, in respect of each offence, on
summary conviction, if he is the owner, agent, or manager
of the mine, be liable to a fine not exceeding £2, and in any
other case to a fine not exceeding 10s. It is proposed that
the* Act shall come into operation on January 1, 1915.

MINIM; ANS OTHER NOTES.

The council of the University of Sheffield have appointed
Mr. Wilfred. Jevons, B.Sc. (London) to the post of junior
lecturer and demonstrator in physics.

In view of the strike of . miners now in progress, the
Sheffield Health Committee have purchased 200 tons of
coal from T. W. Ward Limited, at a cost of 16s. 9d. per ton
for 100 tons and 17s. 9d. for the other 100 tons.

Dudley Town Council has accepted the tender of the Earl
of Dudley for an annual supply of coal at 15s. per ton ; also
the tender of W. H. Guy for a similar supply of steam coal
at 12s. 9d. per ton.

The following tenders have been accepted by Stepney
Borough Council for annual supplies of coal:—A. Blackmore
and Co., 1,500 tons of Exhall screened peas at 13s. 9d. per
ton; Griff screened peas at 13s. 9d.; Haunchwood Tunnel
Ryder spires screened peas at 13s. 9d.; Kingsbury Ryder
screened peas at 13s. 9d.; Newdigate screened peas at
13s. 9d.; and 5,000 Wemyss washed peas at 13s. E. Foster
and Co., 3,500 tons Ibstock double-screened peas at 13s. 8d.
per ton ; J. Hudson and Co. Limited, 10,000 tons of Wemyss
washed peas at 13s. per ton, and the Shipping and Coal
Company, 7,000 tons of Cowpen nuts at 13s. 9d. per ton.

The tender of E. T. Agius has been accepted by South-
ampton Town Council for an annual supply of Admiralty
Welsh steam coal at £1 7s. 6d. per ton.

Mr. John Evans, manager at Dowlais for Guest, Keen and
Nettlefolds Limited, who died February 11 last, intestate,
aged 37 years, left estate of the gross value of <£8,431, of
which £8,205 is net personalty.

Mr. Rea, president of the Pennsylvania Railroad, recently
gave evidence before the Interstate Commerce Commission
at Washington, on behalf of the Eastern railroads in the rate
advances case. Mr. Rea declared that not only the
Pennsylvania, but all the American railways, were confronted
with the necessity of retrenchment, which might prove
serious unless they were permitted to increase their net
incomes. He pointed out the desirability and necessity for
providing for future traffic demands. Although he did not
assert that an advance was necessary to maintain the
Pennsylvania Company’s dividends in the immediate future,
he declared that “ any general idea that the Pennsylvania's
position is so strong as not to need any additional revenue
is not correct." The Pennsylvania, he added, earned only
4*84 per cent, in the fiscal year 1913. Present rates, he said,
did not yield a fair return on the amount invested in rail-
roads and equipment, and were an inadequate return for the
services rendered and the facilities provided. The return
on the Pennsylvania Company's investment had been
continuously falling, and unless the decline was arrested it
would undermine the company's resources and cripple its
power satisfactorily to serve the public.

At a meeting of the Royal Society of Arts on April 29,
Mr. C. R. Enock, C.E., F.R.G.S., is to deliver a lecture on
“ The Need for a Better Organisation of Economic and
Industrial Resources."

The Blaenavon Company Limited, of South Wales, have
placed an order with Simon-Carves Limited, of Manchester*

for a very complete Baum coal washing plant to treat 100
tons of coal per hour.

The North Staffordshire Institute of Mining and
Mechanical Engineers invite makers of mining signalling
apparatus to exhibit such apparatus at an early meeting of
this institute. Particulars from the hon. secretary, 40, High-
street, Newcastle, Staffordshire.

Mr. Manuel Taylor, of Oldham-road, Bardsley, who has
died at the age of 65 years, was under-manager at the
Lees-street Colliery. He was formerly a councillor, and
was ex-chairman of the Bardsley Conservative Club.

The death took place on Thursday, April 9, at the
residence of his son, in Hilton-lane, Little Hulton, near
Bolton, Lancashire, of Mr. George Ridings, who for many
years was head manager of Lord Ellesmere’s extensive
Mosley Common Collieries, Tyldesley. The deceased
gentleman was 69 years of age, and had been ailing for
some time.

An interesting figure has been removed from the mining
community in South Yorkshire by the death of Mr. Thomas
Rontree. The deceased, who was 64 years of age, had the
highest credentials as a surveying expert, and was at one
time surveyor to the South Kirkby Colliery. Both as
draughtsman and mining lecturer he was expert, and had
been a University lecturer on geology. He also devoted
himself for many years to a close study of explosives in
mines. He was formerly in the Royal Engineers, and was
one of those who marched with Lord Roberts from Kabul
to Khandahar in the Afghan campaign.

Mr. James Searston, manager of Dinnington Main
Colliery, died on Tuesday, after a protracted illness.
Deceased was 42, and went to Dinnington some 18 months
ago, succeeding Mr. T. L. Soar upon his removal to Maltb y
Mr. Searston was manager for four years at Holmwood
Colliery, near Chesterfield. Previous to his term of
management at Holmwood, he was manager at Pentrich
Colliery, Ripley, near Derby. He was greatly interested in
the “ Kindness to Pit Ponies ” movement, and had the
distinction of being the manager of the first colliery in
Great Britain to introduce a system of prizes in connection
with it.

The death occurred at Belfast last week of Mr. Thomas
Foulks Shillington, a director of one of the largest iron-
works in the city.

A familiar figure on Clydeside has passed away at Paisley
in the person of Mr. Robert Richardson, electrical engineer.
At one time he was electrical engineer to the Wemyss Coal
Company.

The death took place on Tuesday of Mr. Ralph Moore,
junior partner of the well-known firm of Deans and Moore,
coalmasters. His firm worked the collieries of Wally ford,
Carberry, and Penstone in Mid and East Lothian before the
coming of the Edinburgh Collieries Limited, which now has
them in hand.

Col. John Humble, of Harperley, near Tantobie, county
Durham, died on Tuesday, aged 61 years. He was agent for
Messrs. Joicey and Co.’s Tanfield and Beamish Collieries.

LETTERS TO THE EDITORS.

The E ditoisarenot responsible either for thestatements
made, or the opinions expressed by correspondents.

All communications must be authenticated by the name
and address of the sender, whether for publication or
not. No notice can be taken of anonymous communi-
cations.

As replies to questions are only given by way of published
answers to correspondents, and not by letter, stamped
addressed envelopes are not required to be sent.

FATALITIES AT ELECTRIC LAMP COLLIERIES.

Sib,—The cases of death assisted by electric lamps
are still creeping up, the recent unfortunate disaster
at Easington Colliery, near Sunderland, being the latest.

According to the coroner’s summing up, it is stated
that an accumulation of sulphurreted hydrogen was the
cause. Deceased was working with an electric lamp,
and the accumulation of gas was such that the man
Barker who went to the rescue was able to observe its
presence by the behaviour of his oil lamp flame—in
fact, there was so much gas that only about 4 ft. up the
“ hitch ” his oil lamp went out.

The rapidly increasing number of fatalities makes one
wonder how many men using electric lamps have been
or are gradually having their health undermined by the
lesser but non-fatal quantities of gas, so often present in
a pit.

The evidence of the man Barker is yet another proof
that the flame lamp is the finest detector ever invented,
as the lamp indicates not only the methane but the other
dangerous gases; whereas the devices introduced so far
in connection with electric miners’ lamps are only
affected by hydrogen or methane, and none are so
simply and easily operated as the miners’ oil lamp.

Morley, near Leeds,	E. A. Hailwood.

April 11, 1914.