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THE COLLIERY GUARDIAN.

June 19, 1914.

impossible to account for their opposition on any
■but the grounds which they advance, namely, that
they cannot carry out their responsible duties with
the new signals with any security. We have before
now recounted the strange circumstances under
which the enginemen’s associations were inveigled
into supporting the Home Office at the outset,
and how they suddenly awoke to a sense of the
danger. Before Lord Mersey they spoke out plainly
on the matter, and it is regrettable that the Home
Office did not then esteem their opposition at its
proper value. If an accident occurs that can be
directly traced to the new system, there will be
^some uncomfortable consciences in Whitehall.

A lew months back we called
Colliery attention to the fact that petitions
Owners had been entered on behalf of certain
and the colliery companies and the Mining
Law of Association of Great Britain against
Support. a number of railway Bills pro-
moted in the present Session of
Parliament. The object of these petitions was to
clear up, if possible, the existing unsatisfactory
position of colliery owners with regard to the law of
support. It is a curious fact, although one not
altogether unknown in law, that previous to the
Howley Park decision in the House of Lords in
1912, there seems to have been a general impression
that the Bailways Clauses Consolidation Act, 1845,
was in substitution for the common law right of
support; and with regard to lateral support outside
the prescribed limit, some railway companies have, as
a matter of fact, even purchased coal in adjacent
areas for the purpose of securing such lateral support,
thus tacitly admitting that they did not consider
they were entitled to this support without payment.
The position created by the Howley Park decision,
however, has altogether upset preconceived views
upon this matter, and has placed colliery owners in a
serious difficulty with regard to railways in
proximity to which they may wish to mine coal.

The most ready method of improving this state of
things is obviously to endeavour to get inserted in
any new railway Acts certain clauses providing
for an extension of the 40 yards limit, and an abro-
gation by the railway companies of any further right
to support, and this was the object of the petitions
referred to above, wffiich were duly lodged against
seven railway Bills, in which powers were sought to
construct new railways. In only three of these cases,
however, was it found possible to secure even an
extension of the 40 yards limit; for when the question
of support outside the extended distance came to be
considered, neither the House of Lords nor the
House of Commons Committees were willing to
alter the general law.

With regard to the extended distance agreed upon
in the case of the Mansfield Bailway Bill, this was
fixed at 40 yards, together with a further distance
equal to one-half of the depth of the mines or
minerals below surface level.

A general extension of the prescribed distance for
the support of subjacent minerals would do a great
deal to improve the situation, for with the increasing
depth of mining the area of possible surface distur-
bance is becoming wider, but it is difficult to see how
such an extension could be secured without a new
Act of Parliament to amend the Bailways Clauses
Consolidation Act of 1845, which was framed to meet
conditions existing at the time, seventy years ago,
when neither deep mining nor concealed coalfields
were of immediate practical concern, even if they
were remotely contemplated.

But an extension of the prescribed limit does not
by any means cover the whole question. If common
law liability for lateral support beyond the prescribed
area remains, the colliery owner will still be in a
highly unsatisfactory position with regard to minerals
adjacent to the prescribed area. The Howley Park
case merely makes it clear that the Bailways Clauses
Act does not apply to anything beyond the prescribed
limit, and that the right of lateral support remains in
that outside area as a natural right of property. But
the question of compensation does not seem to have
arisen, and might very usefully be made the subject
of a test case. The point is, however, whether it was

intended in 1845 to place colliery owners in a worse
position with regard to the extra-prescribed area
than with respect to the prescribed area, and to
deprive them of the right of compensation for coal
which has to be left for lateral support of railways
merely because such coal is not within 40 yards of the
railway. The object of the “ Mining Code ” sections
77 to 85 of the Bailways Clauses Consolidation Act,
1845, was to facilitate agreement between mineowmers
and railway companies as to the terms of compulsory
acquisition of land. There can be little doubt that
the impression at the time was that the statutory law
replaced all common law rights of support, which,
indeed, is the only reasonable and fair assumption
that can be made. It could scarcely have been
intended that a mineral owner should be deprived of
his rights without compensation, because a railway
has been made in his vicinity. We suspect that
when the Act of 1845 was drafted the question of
adjacent support was . either overlooked, or was
believed to have been included in the more obvious
case of subjacent support. It will require a new Act
to repair this obvious defect.

LABOUR AMD WAGES.

South Wales and Monmouthshire.

The Conciliation Board on Monday once more took up the
“ averaging ” question, and after repetition of the old con-
tentions it was referred to a sub-committee of five members
from each side. The Board also referred to a committee the
question as to banksmen’s conditions. It was stated that
the owners had tentatively agreed to reduce the hours to
nine per day. The workmen’s representatives asked for a
wage of 4s. 3d. per day, plus percentages; and this the
committee will deal with. Several local disputes came
before the Board; and it Was decided that the Cwmbran
colliers, who had struck without notice because of an alleged
new method of making deductions in respect of small coal,
should return to work on the old terms, pending consider-
ation of the matter by referees. There was also reference
to sub-committee of the double-shift difficulty at Gwaun-cae-
gurwen East Pit; and of the price list question at the
Bhymney Company’s Pengam Colliery.

At certain of the collieries in Swansea district notices have
been given to terminate contracts, and work from day to
day, as many as 400 men being affected at Garnant alone.
There is no -reason, however, to regard this as more than
summer slackness—according to local opinion.

Important decisions were reached at the meeting of the
executive committee of the South Wales and Monmouth-
shire Stokers’ and Enginemen’s Association. They strongly
recommended all members to vote in favour of amalgama-
tion with the Miners’ Eederation, special efforts having been
made to render nugatory the opposition of a large section
of their members on this question. Two ballots have
already been taken on this proposal, but in both the three-
fourths majority required by the rules was not obtained; and
consequently an application was made to the Begistrar-
General to sanction a modification of the rule, and enable
two-thirds majority to be effective. This has been allowed,
and the new ballot will be under this modified rule. It
commences at once ; and the papers will be returnable on
July 18. The Miners’ Federation have agreed to such a
change in the original scheme as will permit of the engine-
men’s and stokers’ being directly represented on the council
of the Federation, the Conciliation Board, and the Minimum
Wage Board. It has been also decided to take joint action
with the federation in respect of men at the various collieries
who join the Gasworkers’ Union.

Mr. Winstone, the miners’ representative, with a depu-
tation of the men, met the agent of the Llanerch and Blaen-
serchan collieries, and sought to get the withdrawal of
summonses which had been issued on account of the stop-
page during a dispute on the “ rubbish ” question. Over
2,000 men were concerned, and 40 were summoned. The
agent of the company was willing to withdraw the sum-
monses if the men would undertake to abstain from holding
pit head meetings, and would pay the costs; but when these
conditions were reported to them at a meeting on Sunday,
the miners declared that the withdrawal must be uncondi-
tional, and they decided to make a demonstration to-morrow
(Saturday), when the cases come on for hearing at Ponty-
pool.

Councillor George Davies, who presided at a meeting of
Ebbw Vale miners on Saturday, referred to a statement that
the steel works had been stopped because of the action of
the colliers, and said that the men were too well educated to
accept such a statement. They all knew there was a steel
“ ring,” and, therefore, they could not accept such state-
ments, even though made by the managing director. The
meeting voted £100 to the iron and steel workers affected
by the stoppage, and also increased out-of-work pay to men
at the coke ovens.

Federation agents distributed strike-pay on Saturday to
the men at Bargoed who had been idle because of the lamps
dispute at Powell-Duffryn Colliery.

For seven weeks colliers at the Upper Ynysarwed Pit, near
Neath, have been on strike because of a dispute between
themselves and men at the Lower Colliery in reference to
a checkweigher; and although the latter offered arbitration,
this was for a while declined. At last the offer was
accepted; and on Saturday, Messrs. Watts, Morgan, and
J. Winstone sat at Neath to deal with the difficulty. Their
sitting lasted seven hours; and finally it was announced
that an amicable arrangement had been arrived at, and that
the men would resume work on Monday.

About 800 meh are concerned in a stoppage at No. 3 South
Griffin Colliery, Blaina, where the presence of accumulated
gas in the mine was alleged, and the suspension of certain
officials was demanded, pending investigation. A resolution
has now been passed to make a levy of Is. per man per week
in aid of the strikers; and a meeting is to be called to con-
sider the question of bringing out the tools.

Fifteen hundred men decided to cease work on Monday at
Celynen Colliery because of refusal by the management to
reinstate 25 men who had been given notice.

Ffaldau Colliery men tended notices on Monday in pro.
test against non-unionists; and they also passed a resolution
that upon any further prohibition as to distributing federa-
tion notice forms, work should immediately cease.

Notices has also been tendered in the Garw district
because of non-unionists; but it is not expected that stop-
pages will take place.

North of England.

Thirty-six collieries were represented at a conference of
the “ Forward ” movement of the Durham Miners’ Associa-
tion, held at Crook on Saturday. Mr. W. P. Bichardson,
the prospective Labour candidate for Houghton-le-Spring
division, and Mr. John Lawson, C.C., president and secre-
tary respectively of the “ Forward ” movement, were the
principal speakers at a mass meeting held later. The meet-
ing passed the following very long resolution :—“ That this
mass meeting of lodges of the Durham Miners’ Association
enters its emphatic protest against the present system of
leaving the settlement of wTages of large classes of workers
under the Minimum Wage Act to the chairman of the district
board, and, after two years’ experience of that method, is of
opinion that the only satisfactory course is to state the wages
of adult data! workers and piece workers definitely in the
Act when it is amended. Such a wage for datal workers
should not be less than 5s. a day, and piece workers should
have a wage not less than the average piece wages in the
particular district, and that the surface workers should be
included in both the Minimum Wage and the Eight Hours’
Acts. And, finally, it calls upon the workers of Durham to
refuse to vote for any candidate who will not agree to these
figures.”

A meeting of the Joint Committee of the Durham Coal
Trade was held on Tuesday at Newcastle, under the presi-
dency of Mr. E. Shortt, K.C., M.P. There were over 60
cases on the agenda at the previous meeting of the com-
mittee, half of which were adjourned and dealt with on
Tuesday. Most of the cases came from the East Durham
section of the coalfield, and were of an individual character.

A proxy vote of the Northumberland Miners’ Association
has resulted in favour of the establishment of the sliding
scale as provisionally agreed to between the coal owners and
the wages committee of the association. The figures were :
In favour, 615 ; against, 32. The main principles of the pro-
posed agreement are : That at a selling price of 7s. 4d., or
any price below that figure, wages shall be 25 per cent, above
the basis of 1879. About that figure an advance or reduction
to take place at the rate of 1 per cent, for each penny change
in selling price. The changes to take place in this ratio up
to a maximum of 65 per cent, above the basis of 1879. Also,
that the percentage to be paid on the wages of surface
workers shall be the same as the perecentage paid on the
wages of underground workers.

A further meeting of the Dawdon miners was held on
Monday to consider the position which has led up to the
men handing in 14 days’ notice. A deputation was
appointed to wait upon the management to arrange, if
possible, terms whereby the management’s claim for damages
will be reduced. If no settlement is reached, work will cease
at the expiration of 14 days’ notice.

On Monday, about 60 of the putters employed at the
He worth Colliery came out on strike. The putters allege
that the minimum wage was stopped because of the pit being
idle one day owing to a fatal accident. The foreshift lads
went down as usual, but the second shift lads failed to
put in an appearance. The hewers are working as usual.

Fifty miners employed at the Bessie Fit, Blaydon, Burn,
appeared before the Gateshead county magistrates on
Saturday to answer charges of having refused to follow their
employment on March 23 and 24. Mr. Frank Lambert,
who appeared on behalf of Messrs. Priestman, the owners of
the colliery, explained that the proceedings arose out of the
defendants refusing to follow their employment after the
“ cavilling ” of the places in the pit. John Oliver, one of
the defendants, went to the manager in company with other
men, and alleged that in No. 49 place it was necessary to
have a “ helper-up.” The men struck work eventually, but
returned to work on the third day, pending a discussion at
Joint Committee, which was against the men. No helper-up
had since been provided as a matter of fact. Damages of 10s.
and 5s. were claimed from the men by the company. The
court awarded the damages excepting in the case of four men,
who were absent from work for other causes.

Thirty putters employed at the Hylton Colliery of the
Wearmouth Coal Company were summoned before the
Sunderland magistrates on Saturday, charged with a breach
of contract, 13 having been on strike for one day, and the rest
for two days. Mr. W. H. Bell, prosecuting, hinted that
the time was coming when employers would have to seriously
consider the question of asking for the whole of the damages
caused through stoppages such as the one before the court.
The dispute arose out of a putter named West alleging that
he was short in the number of token credited to him. On
complaining to the management he received an assurance
that the matter would be dealt with, but, nevertheless, the
pit was laid idle through the dispute. Mr. Hope, defending,
said, “We simply have to offer the token system as the
excuse for our action.” West’s case was taken as a test case,
and the Bench awarded the company damages. Mr. Elope
then insisted that the whole of the cases should be taken
separately. The Bench agreed, and immediately considered
the second case proved, so the defendants decided to abide by
the test case.

Mr. James Gilliland, of Birtley, has been selected as the
prospective Labour candidate for the Chester-le-Street
division. Mr. Gilliland is well-known in the county in con-
nection with the “ Forward ” movement of the Durham
Miners’ Association, and was for some time checkweighman
at Hobson Colliery. At the present time he is on the
executive committee of the Durham Miners’ Association, and
actively connected with the co-operative movement.

Seventy-five putters who struck work at the Hazelrigg
Colliery, gave as their reason that the ponies they worked
with had to work too long. They alleged that the ponies
worked 16 consecutive hours. The putters were idle one day
only, returning the next, and the matter will be dealt with
through the ordinary channels. The putters state that their
earnings were not so high with jaded ponies.

A circular has been issued to the Durham miners, advising
them to make the amendment of the Minimum Wage Act the
test question at the next General Election. The questions
which the miners are urged to ocncentrate upon are : 1,
The amendment of the Minimum Wage Act, so that the wage
of datal men will be definitely stated “ not less than 5s. per
day,” and that of coal hewers “not less than the county
average”; 2, the inclusion of the surface workers in the
Minimum Wage Act and the Eight Hours’ Act, or in
separate Acts laid down for this purpose.