November 20, 1914. THE COLLIERY GUARDIAN. 1077 In the King’s Bench Division, on Wednesday, the Butterley Iron and Coal Company Limited appealed against a decision of the Alfreton County Court respecting liability to pay minimum wages to a miner whose wages were usually paid by a “butty.” The appeal was dismissed. The Admiralty have imposed restrictions on navigation in the Firth of Forth which will have the effect of closing the ports. This will be keenly felt by the coal-carrying trade of the district. In issuing their useful manual on Construing “ The Law relating to Mines under the Coal the Coal Mines Act, 1911,” the Mines, Act. Home Office have certainly shown great courage. The Act was more the creation of the Department than of Parliament, and this official “guide” illustrates, in many ways, the imperfections of the measure. Apart from errors in drafting, which are not conspicuous by their absence, the Act is far from clear in some respects, and it is not satisfactory that a few lines of text should, need several times as much explanatory matter, in order to give the manager an indication of their true meaning. In so far as the 1911 Act is new, there is as yet very little authority for construction. Experience in working has pointed to the need for interpretation on certain points in a sense that will find acceptance by inspectors and managers alike, but few test cases have been decided in the courts with respect to the new provisions of the Act. Prosecutions have rather centred round the Regulations, and the result of these has generally been to leave the Home Office without any authority for their views, if it has failed to alter them. As regards the established law on the provisions of the 1887 Act, which are reproducedin the 1911 Act, our old friend “MacSwinney” would have done ; as we have already mentioned, however, the Home Office have essayed to place constructions on numerous debatable points, which can have no legal sanction until they are tested in a court of law. If this fact is clearly recognised we can see no great harm, and much utility, in the book. Limits of space forbid us from speaking of more than a few of these interpellations, some of which, be it said, state views which the Home Office has been known to hold for some time. In some cases, it seems to us, the Home Office has actually shirked discussion. Thus, at the outset, in section 2, it would be interesting to know what the official interpretation of “technical management” maybe; howbeit, a note to section 122 states that the Home Office is advised that there may be more than one agent—e g,, one on the financial side and another on the technical side. A curious point is referred to in a note to Section 16. The term “workmen” is not defined in the Act, but in Section 84 (8) it is used in contra- distinction to the term “ official,” and that is the sense which it is taken to have throughout the Act. This, indeed, roughly follows the definition in the Eight Hours Act. In Section 110 (Workmen’s Compensa- tion) however, the term “workman” is not limited to persons other than officials, and it is stated that the term “workmen” in Section 77 (bathing accommodation) includes the firemen and other officials who are employed continuously below ground. “ Coal mine ” is also without a definition, but is regarded as including any mine in which coal is found, whether worked or not. Another miscalculation is referred to in connection with Section 35 (2), it being pointed out that the effect of this subsection is to require a search to be made for matches on every occasion on which men go down to work. Such a procedure, of course, was never contemplated, nor is it followed. There has been much discussion on a certain point in Section 29 («). It has been pointed out that exemption from the requirements as regards ventilation of abandoned roads and levels might allow dangerous accumulations of gas to collect. It is now pointed out that the phrase “ abandoned road or level ’ ’ does not include a road or level which is merely temporarily discontinued ; further that the proviso only has the effect of rendering it unnecessary to make the abandoned road or level safe for persons to work or pass in it: it does not exempt the manage- ment from ventilating the abandoned road or level if that is necessary to make any adjacent workings, roads, &c., safe. The legal aspect apart, we agree that this rendering is wise in view of the Hulton and Whitehaven disasters. We note with some interest that the Home Office has not reproduced the directions given by the Chief Inspector in Part 2 of his last general report in regard to the reversal of the ventilation. The Home Office now take the view that the whole matter should be left to the discretion of the management. This is satisfactory, at least in principle, yet there is probably no provision of the Coal Mines Act on which the manager feels less sure of himself than on this. To the sections relating to shafts and roadway8 there are numerous notes which may be consulted by the manager with profit; notably a long and detailed explanation of the obscure provisions regarding man-holes. “ Travelling road,” which is not defined in the Act, is held to include every road on which any person travels in the course of his duties or for the purpose of reaching his working place, but not roads fenced off, which officials may be required to explore ; apparently, it is not synonymous with the term “ travellable” in the General Regulations. Coming to Section 34, the Home Office have not seen fit to assume the responsibility for the unlocking of safety lamps at underground stations, but the deprecation of the practice by the “Court” which enquired into the Senghenydd disaster is reproduced. In Section 60 the phrase “an inspector of the division ” is used, and it may be news to some that this implies any inspector attached to the division, and not the inspector in charge of the division. Personally, we had always regarded the use of the article as a misprint. Presumably it gives full powers to a sub-inspector to discontinue the working of the electrical plant. The point that has arisen under Section 65 with regard to examinations in the case of continuous shifts is referred to. The Chief Inspector gave his views on the subject in Part II. of his General Report for 1912, and a note to this effect is given. Many of the regulations and orders contemplated under the Act have yet to be issued, including those under Section 17 (1), 18 (1) (