194

THE COLLIERY GUARDIAN.

January 22, 1915.

LAW INTELLIGENCE.

SUPREME COURT OF JUDICATURE.

COURT OF APPEAL.—January 14.

Before Lords Justices Buckley, Kennedy, and Pickford.

Minimum Wages : A Question of Jurisdiction.

Fairbanks v. The Florence Coal and Iron Company
Limited.—This was an appeal by the company against a
decision of a Divisional Court consisting of Justices Bankes
and Avery, which affirmed a judgment by his Honour Judge
Buegg at Stoke-on-Trent and Longton County Court. The
claim was by Herbert Fairbanks, a collier, for £2 6s. 6d.,
being six days’ wages at 7s. 9d. a day, alleged to be due to
him from the defendants, his employers. They claimed to
be entitled to make a deduction from the wages on the
ground that the plaintiff had failed to comply with the con-
ditions as regards regularity and efficiency of work laid down
by the Joint District Board, under section 1, subsection 2, of
the Coal Mines (Minimum Wage) Act, 1912. They con-
tended that in these circumstances the county court had no
jurisdiction, but that the amount due to the plaintiff must
be fixed according to the district rules. They tendered the
amount which they considered was justly due to the plaintiff,
and. which was less than the sum of six days’ wages at the
minimum rate settled under the Act. The plaintiff refused
to accept the amount tendered. The plaintiff was a
buttocker, i.e., a collier working at a certain part of the
face of the mine, and entitled by the custom of the colliery
to an amount of 6d. a day more than other colliers. The
wages in the district were fixed by the Joint District Board
at 7s. a day for contracting colliers, and at 6s. 6d. a day
for colliers other than contracting colliers. These rates had
been increased to 7s. 3d. a day in either case by the Con-
ciliation Board acting in the district. The plaintiff, as a
buttocker, therefore, would be entitled, with the extra 6d.
a day, to 7s. 9d. a day, apart from the question raised by
the defendants as to whether he was bound to comply, and
had complied with the conditions as to regularity and
efficiency of. work. The plaintiff and another man had pre-
viously to the dispute been contracting colliers in a place
known as Place No. 91. Some weeks before the dispute,
the plaintiff was asked to work at Place No. 92 and went to
work there, his mate continuing for some time to work at
Place No. 91. No special arrangement as to terms was
made when the change took place. At the hearing in the
county court several weekly bills were produced, showing
sums added each time by the employers called “ considera-
tion to make up wages.” These sums were handed to the
plaintiff to enable him to pay the men working under him
the minimum wage, and to pay himself as a buttocker the
sum of 7s. 9d. a day. It was argued for the plaintiff that
as he did not receive the minimum wage fixed by the Board,
but something higher, the wages board—the Joint District
Board—had no jurisdiction, though in the present case the
employers had refused to pay even the minimum wage. The
county court judge non-suited the plaintiff, holding that,
notwithstanding that his rate of wages prior to the dispute
exceeded the minimum rate, the case came within the Act,
which intended that such a dispute go before the wages
board. This decision the Divisional Court affirmed.

Mr. Langdon, K.C., for the applicant, said that although
the amount involved was small, the case raised a question of
general principle which would have an important result in
North Staffordshire, if not in other districts. The defence
was that the contract was covered by the provisions of the
Minimum Wage Act, and that therefore the jurisdiction of
the county court was ousted. Two points were involved :
(1) Whether the action was to recover a sum under con
tract, independent of the Minimum Wage Act; and (2)
whether, even if it was not, the jurisdiction of the county
court was ousted. Since the case was in the Divisional
Court there had been a decision by the Court of Appeal in
another case, holding that the jurisdiction of the county
court was not ousted, and therefore the only matter
for consideration was the first question.

The Court dismissed the appeal.

Lord Justice Buckley said he thought the appeal failed.
The plaintiff might have asked the judge to adjourn the
case for the amount of this item to be settled by the special
tribunal. He did not take that course. He asked to be non-
suited, and he appealed from that non-suit. In his opinion
the question in dispute was a question which the Act
intended should be decided by the special tribunal, and that
notwithstanding that the rate of wages exceeded the mini-
mum rate as settled under the Act. That being so, there
was no cause of action with which the county court judge
had jurisdiction to deal until the dispute as to whether
plaintiff had been a regular and efficient workman, and
therefore entitled to the full minimum wage, had gone before
the Joint District Board.

Lord Justice Kennedy said the point to his mind was
not free from difficulty. He, however, did not agree that
this was the ordinary case of a contract between master and
servant. The Act imposed a benefit for the man, and it
carried with it a corresponding liability.

Lord Justice Pickford agreed in the appeal being dis-
missed.

The Anthracite Problem.—Lecturing on Friday, the 15th
inst., to members of the Leeds Geological Association, on
” The Anthracite Problem,” Prof. Kendall, reviewing the
various theories, rejected that of* the effect of heated
rock, because, he said, none such existed in the South Wales
coalfield. He also rejected the disturbance theory, because
in regions of very severe disturbance the coal had retained
the bituminous character, while in other adjacent regions it
assumed the anthracitic character. A new light was thrown
upon the problem by the discovery that the ash diminished,
contrary to expectations, as the anthracitic character became
more pronounced. Thus our Geological Survey had concluded
that the anthracitic character was due to an original differ-
ence. His (Prof. Kendall’s) contention was that the ash that
is found in coal is for the most part, by far the greater part,
not the original ash at all. The original ash should show a
great preponderance of potash, and coal ash rarely shows any
potash whatever. The main constituents of the ash, he
said, were iron and lime, which were exceedingly rare con-
stituents of existing plants. Therefore he concluded that
the diminution in the quantity of ash was due rather to
removal of the original mineral constituents, and the high
ash of the other coals to the introduction of new ones. This
he connected with the fact that anthracite coal was
unjointed, while all the other coals were very freely and
closely jointed.

COLLIERY ACCIDENTS.

Halmerend.

An explosion having serious consequences occurred about
five o’clock on Sunday night at the Minnie Pit, Halmerend
(Staffs), belonging to the Midland Coal, Coke and Iron Com-
pany Limited. As a result nine lives have been lost. The
men were killed in the Seven-feet Banbury seam. The
explosion, however, is believed to have originated in the
Bullhurst seam, a seam which is notoriously liable to spon-
taneous combustion, but the cause of the accident cannot at
present be stated. The general manager of the company
has issued an official statement, in which the accident is
described as of ‘‘ an unusual character.” It states : “ There
were 27 men underground at the time. Rescue parties were
immediately organised from the company’s own collieries,
under the direction of Mr. W. Barber, the colliery manager.
On arriving at the seat of the accident it was found that an
explosion had taken place, the cause of which at present it
is impossible to ascertain. Unfortunately,5 nine lives have
been lost. The damage to the workings is comparatively
slight, and the winding and ventilating machinery is intact.
Little interruption of work is anticipated.” It would appear
that on Wednesday last the shaft of a haulage engine broke
down, and the men engaged in the Bullhurst district had
been absent from work during the repairing operations.
One section was engaged in repairing the engine, whilst
other men were splicing and repairing ropes in the dip.
There was no lack of volunteers for the rescue work. Mr.
W. Barber, colliery manager, descended, accompanied by
Messrs. Joseph Smith and C. H. Weaver (under-managers),
and Mr. Ralph Lawton (of the Burley Pit). This party
succeeded in penetrating the affected workings, close on
2,000 yds. from the shaft bottom, without using rescue
apparatus, but the company’s rescue brigades, with breath-
ing apparatus, from the Apedale and Podmore Hall
Collieries, were speedily organised, and they joined in the
rescue operations, which were carried out with all speed. All
the bodies have been brought up. Amongst the killed was
Mr. John White, the colliery engineer, and his assistant.
The remaining 18 of the repairing party, with two exceptions,
escaped serious injury. It is stated that several of the
men owed their escape to a portable electric lamp, which
enabled them to reach the top of the dip. The following is a
list of those killed :—

John White (49), married, High-street, Halmerend,
colliery engineer.

Alfred Bostock (43), married, Rye Hills, Miles Green,
assistant engineer.

Frederick Cheadle (53), married, Heathcote-road,
Halmerend, ropeman.

James Nevitt (36), married, of Chesterton.

Ralph Proctor (55), married, High-street, Halmerend.
Joseph Bates (23), single. High-street, Halmerend.

John Daniels (40), married, Station-road, Halmerend,
pumpman.

Frank Brindley (54), married, of Miles Green, assistant
pumpman.

Arthur Shufflebotham (16), single, of High-street,
Alsagers Bank.

A further official communication has been made by Mr.
William Hill, general manager of the Midland Coal, Coke
and Iron Company Limited. This was as follows :—

“ An examination of the workings revealed evidence that
the explosion originated in the Bullhurst seam. After a
consultation between Mr. Hugh Johnstone, H.M. divisional
inspector of mines; Mr. W. Saint, H.M. inspector of mines ;
and Mr. Walker, H.M. deputy chief inspector of mines, and
the management, it was decided, as a precautionary measure,
to withdraw the horses, and to close down the pit for a few
days. The men whose employment may be temporarily
affected can be largely found work at the company's other
collieries, so that little dislocation of labour need be
involved. ’ ’

The inquest opened on Wednesday for formal evidence of
identification of the victims, and was adjourned until
Thursday next.

THE FREIGHT MARKET.

Although it would appear, from the steady upward march
of outward freights, that there is no limit to the exactions
of the shipowners under circumstances favourable to them,
we fancy that the maximum has now been reached, and
that, although rates may remain at the present colossal
and preposterous figures for a few days, or even for a week
or two, little or no further advance will be registered, and
the descent will be precipitous and fairly swift. There are
several reasons for this. One reason is that rates have
reached the height at which business is almost impossible,
and shipowners are finding that the vessels on services of
which such fancy values have been placed are not in such
keen demand. Again, the liberation of a certain amount of
interned enemy tonnage by the Admiralty will have the
effect of checking high freights. (The number of such
vessels, however, is only small as yet, and, if the desired
effect is to be obtained, very many more such vessels will
have to be placed at the disposal of commerce.) There is a
third and even more potent reason than either of the fore-
going, and that is the force of public opinion, which is now
thoroughly roused against those who are seeking to profit
from the operations of the war. With no desire to put the
case too strongly, it need only be said that, if coal prices
had been advanced by the collieries, especially under present
national conditions, to one-half the extent to which freights
had been raised by shipowners, there would long before now
have been a clamant demand for Government intervention,
involving, if necessary, the State control of the mines. If
shipowners now find themselves faced with a similar demand
-—emanating not only from the working people, whose cost
of subsistence is advancing, but from all other classes of the
commercial community—they have only themselves to thank,
and would be well advised to follow the example of the
fabled racoon, which, being “ treed by an expert rifleman,
is said to have cried, “ Don’t shoot; I’ll come down.”

North-east coast rates this week are considerably advanced
on those recorded seven days ago. Coasting business, for
example, is being done at 13s. 3d. to 13s. 6d. to London from
the Tyne, an advance of from 2s. to 2s. 6d. on last week’s
average. North France has Rouen at 20s., fully 2s. increase.
The Bay is represented by 27s. 6d. to St. Nazaire, with 28s.
and 29s. reported done. The Mediterranean has Genoa at
37s., a rise of 12s. 6d. ! However, there is now exceedingly
little business being done Mediterranean-wise, and not much
need be expected until rates are more reasonable. At South
Wales, rates have advanced substantially, but not to the
same alarming extent on the week. At the same time, a
comparison of this week’s figures with those of a week ago

reveals increases of a most disquieting noture. Figures from
other ports in the United Kingdom have been similarly
affected.

Homewards, record rates also are registered. Australian
business is very limited. The North Pacific is dull, with a
very restricted enquiry. Nitrate ports are offering too low
rates to attract tonnage from the Argentine, 65s. quoted to
Rotterdam failing to tempt owners. The rice ports are
quieter, rates being regarded as too high. The East Indies
are very quiet, with Bombay and Kurrachee shippers holding
out for lower figures. Mediterranean and ore rates are very
high, and are advancing—in disproof of the shipowners’ plea
that high outward rates Mediterranean-wise are necessary,
as there is “ nothing doing ” in homeward freights. America
is very firm. Cotton charters, are being negotiated on the
basis of about 125s., Gulf to Liverpool,’with up to 110s.
Savannah to Liverpool for special cubical capacity boats.
Lumber and deal business is quite at a standstill, and case
oil is having to pay higher figures for tonnage. The River
Plate is fairly active,- at about 67s. 6d. for February loading
up-river, with, however, reports of large tonnage taking
materially less for March loading.

To sum up, indications are that, as far as both outward and
homeward rates are concerned, the zenith has been reached,
and reductions should shortly be looked for.

Tyne to Alexandria, 3,000, 36s.; 5,300, 36s.; Algiers,

2.200,	25s.; 2,800, 28s.; 2,900, 30s.; 3,500, 30s.; Bordeaux,

4.200,	19s. 6d.; 2,000, 19s.; 5,000, 19s.; 1,700, 19s. 6d.;

5.500,	19s.; 3,000, 24s.; 4,600, 28s. 6d.; 1,200, 29s.; Bar-
celona, 6,500, 30s.; 3,000, 35s.; 4,000, 36s. 6d.; 3,800, 35s.;
4,000, 36s. 6d.; Cherbourg, 1,200, 18s.; 1,900, 19s.; 850,
19s.*; Calais, 1,500, 20s.; Cagliari, 3,800, 38s. 9d.; Cannes,
1,800, 39s.; Caen, 800, 18s. 6d.; Genoa, 3,500, 37s.; 6,000,
37s.; Gibraltar, 4,000, 30s.; Las Palmas, 2,500, 22s. 6d.;
1,800, 22s. 6d.; 5,400, 23s.; 6,500, 26s.; 4,000, 26s.; 5,400,
26s. ; 5,000, 25s. 6d. ; 3,200, 26s.; 2,500, 26s.; London,
2,100, 13s. 6d.; 3,100, 13s. 4^d., from Derwenthaugh;

2.200,	13s. 3d.; 3,500, 13s. 3d.; Marseilles, 4,800, 35s.;
3,000, 31s. ; 2,500, 32s. ; 1,300, 32s. ; 6,300, 35s.; 5,400, 35s.;
Naples, 4,500, 37s. 6d., 800; North French port, 500, 22s.;
Port Said, 3,300, 37s. 6d.; Rouen, 1,800, 18s. 6d.; 1,600,
18s.; 2,000, 20s.; 1,600, 19s. 4|d.; 1,500, 19s.; 2,000, 19s.;

1.200,	20s.; 2,100, 20s.; St. Nazaire, 3,600, 22s.; 2,400,
23s. 9d.; 1,500, 25s.; 3,400, 26s.; 4,600, 26s.; 3,400, 27s. 6d.;
3,000, 24s. lOJd. ; Savona, 5,000, 38s.

Cardiff to Alexandria, 6,500, 28s. 6d., Jan.; Augusta,
4,400, 29s. 9d., 600, 300, 50s.; Ancona, 3,100, 37s. 6d.;
Algiers, 3,000, 30 fr.; 4,000, 30 fr.; 5,000, 30 fr.; Brindisi,
4,000, 32s. 6d., 800, 33s., 500; 4,500, 32s. 6d., 800,
33s.,	500; Buenos Ayres, 25s., January 22 to

January 27; Bordeaux, 3,000, 20 fr.; 2,800, 201 fr.;
Barcelona, 1,700, 25s.; 3,000, 25s.; Canary Islands, 2,000,
25s. ; 3,400, 21s. ; 3,200, 22s.; 4,500, 23s.; Chantenay, 2,000,
18^ fr. : Catania, 3,000, 33s., fuel; Campana, 24s. 6d., Jan.;
Civita Vecchia, 4,200, 30s., 800; Corcubion, 1,350, 21s.;
Depots, 520, 8s.; Fecamp, 800, 13s. 6d.; Gibraltar, 1,300,
17s. 6d.; Genoa, 4,000, 30s. ; 4,900, 29s. ; 3,000, 29s., Feb. 1;
Havre Canal, 1,350, 14s. ; Honfleur, 1,250, 12s. 9d.; Lisbon,
2,000, 20s.; 2,000, 18s., 500; 2,300, 20s., 400; 820, 20s.;
leghorn, 4,700, 30s. 6d., 500; 4,500, 30s., 600, 6|d. discharge;
Las Palmas, 4,400, 23s. ; 2,000, 25s.; 5,000, 25s. 6d.; Mar-
seilles, 5,000, 30 fr.; 5,500, 30 fr.; 4,000, 30-15 fr.; 4,000,
30 fr. ; Madelina, 4,000, 32s. 6d.; Madeira, 2,000, 25s.;

2.200,	20s.; Monte Video, 6,000, 24s.; sail, 3,000, 20s.;
Malaga, 1,700, 16s.; Messina, 3,000, 33s., fuel; Naples,
4,000, 30s. 6d., 500; 3,900, 30s., 800; 7,000, 29s., 1,000,
Jan. 25; 4,700, 30s. 6d., 500; Nantes, 1,400, 19 fr.; 2,200,
171 fr. ; 1,350, 19 fr.; Port Said, 4,600, 30s.; 4,000, 30s.;
Palermo, 3,300, 33s., fuel; Portsmouth, 520, 8s.; Rio de
Janeiro, 5,000, 29s. 6d., 300; 5,000, 28s. 6d., 500; Rouen,

2.500,	14s.; 1,550, 14s. 6d., Jan.; 1,400, 15s.; River Plate,
4,000, 25s. 6d.; 5,000, 26s., reported; Rosario, 25s., January;
Rochefort, 1,600, 19 fr. ; Santos, 5,600, 20s.; 4,000, 30s.,
Jan.; Salerno, 2,400, 32s. 6d. ; Seville, 3,000, 28s., 300;
Spezzia, 4,000, 30s. ; St. Malo, 850, 12s.; 830, 13s. ; Savona,
4,000, 30s.; Teneriffe, 3,200, 21s.; 2,700, 22s.; 4,400, 23s.;
5,000, 25s. 6d.; Torre Annunziata, 4,000, 30s. 6d., 500;
Valencia, 2,000, 21s.; Villa Constitucion, 24s. 6d., Jan.;
Venice, 3,100, 37s. 6d.

Swansea to Barcelona, 2,000, 25s.; Valencia, 1,300, 22s.
coal, 22s. 9d. fuel, 1896 tax clause; Havre, 1,250, 13s. 6d. ;
Rouen, 1,000, 14s. 6d.; 1,200, 15s.; Caen, 1,300, 13s. 6d.;
Catania, 2,000, 30s. coal, 30s. 9d. fuel; Guernsey, 900, 12s. ;
Belfast, 4,000, 5s. 6d. ; Havre Canal, 850, 13s. 6d.; Hon-
fleur, 700, 13s. lOJd.: Marseilles, 1,500, 30 fr.; St. Brieux,
750, 15s. ; 800, 14s. 6d. ; St. Malo, 800, 12s. coal, 12s. 6d.
fuel.

Newport to Barcelona, 2,000, 25s. ; London, 2,300, 9s. 6d.;
Gibraltar, 900, 21s., fast as possible; Naples, 2,200, 30s.,
800; Marseilles, 4,000, 30-15 fr.; Havre Canal, 1,350,
13s. 6d. ; Algiers, 3,000, 30 fr.

Port Talbot to Barcelona, 2,000, 25s. ; Nantes, 1,900,
17 fr. ; Bordeaux, 3,500, 20J fr. ; 2,800, 20J fr. ; Monte Video,
sail, 20s.

Neath Abbey to Caen, 850, 13s. 3d.; Trouville, 700,
13s. 9d. ; Havre, 700, 13s. 9d.

Burryport to St. Malo, 750, Ils. 9d.

Wales to any port between Brest and Dieppe, 1,500, 12s.,
12 voyages; Monte Video, 5,000, 24s. ; Buenos Ayres, 5,000,
24s.

Glasgow to Bayonne, 2,250, 19Jfr., reported; Rouen,
1,600, 16s. ; 1,600, 16s. 6d.

Hull to St. Nazaire, 1,200, 14s. 6d. ; Brixham, 1,050, 10s.,
free delivery; River Plate, 3,850, 25s., Jan. 23.

Blyth to Cherbourg, 1,200, 19s.

Goole to Rouen, 1,250, 17s.

An ordinary meeting of the Society of Engineers will be
held on Monday, February 1, 1915, at the Institution of
Electrical Engineers, Victoria Embankment, W.C., when
Mr. II. C. H. Shenton (president, 1914) will present the
premiums awarded for papers published in the Journal
during 1914. Mr. Norman Scorgie, the president for 1915,
will then deliver his presidential address. The chair will
be taken at 7.30 pan. precisely.

The wives and children of The Coventry Chain Com-
pany’s employees serving with the Forces were entertained
to a tea party and distribution of toys from a large
Christmas tree on January 9, in the messroom of the works,
the funds being supplied by the principals, staff and work-
people of the company. The managing director, Mr. Alick
S. Hill, presided, assisted by Mrs. Hill, who distributed the
toys. Mrs. Hill was presented with a bouquet by the
visitors to show their appreciation of the thoughtfulness
displayed on their behalf.