1132

THE COLLIERY GUARDIAN.

May 28, 1915.

representatives was held at the colliery office on Friday
afternoon, and a meeting of William Pit men was held in
the evening, when Mr. J. Hanlon (the Whitehaven agent)
presided, and Mr. T. Cape (financial secretary of the
Cumberland Miners’ Association) was also present. The
position was fully explained, and it was stated that a reso-
lution was passed in favour of resuming work on the follow-
ing morning.

Federated Area.

The Coal Conciliation Board for England and North
Wales met, on - Friday last, in Manchester, and after
sittings extending over four hours came to an agreement.
The representatives of the men, in accordance with the
resolution of the executive committee of the Miners’
Federation of Great Britain, had asked for a war bonus of
20 per cent, to meet the increased cost of living due to the
war, and it has been stated that the employers replied to
this with an offer of 10 per cent. Lord Coleridge, the
independent chairman of the Board, was asked to decide
the issue, but he preferred that the Board should again
consider the matter. The result of the conference was
officially announced by Sir Thomas Ratcliffe-Ellis, secretary
to the Coal Owners’ Association :—“ At a meeting of the
Board of Conciliation for the coal trade of the Federated
districts, held at the Queen’s Hotel, Manchester, to-day,
the recommendation of the independent chairman, Lord
Coleridge, was considered, and it was agreed as follows :—

“ (1) That an advance be made on the wages now paid
of 15| per cent, to meet the circumstances ^arising out
of the war as and from May 5, 1915; the first payment,
with arrears as and from May 5, to be paid on the pay-
day in the week ending May 29.

“ (2) Until under the regulations of the Conciliation
Board it shall be decided by the Board that the owners
have recouped the 15| per cent, referred to in clause 1,
no further application for an advance in wages shall be
made until the selling price and other circumstances
which the Conciliation Board is entitled to consider shall
have justified an advance above the said 151 per cent.

“ (3) That the advance of 15| per cent, mentioned in
clause 1 may be withdrawn wholly or in part when the
circumstances which justify the advance are wffiolly or in
part removed, and failing agreement by the Board it
shall be decided by the chairman.

“ (4) That, in accordance with the recommendation of
Lord Coleridge, the recipients of the advance of 15J per
cent, on the wages now paid be all those workmen who
are employed by the owners who are represented on the
Board and are represented by the Miners’ Federation of
Great Britain, excepting those, if any, -who since the
outbreak of the war have otherwise agreed with the
owners or any of them for the payment of an advance of
wages in consequence of the war.

“ (5) Excepting as otherwise provided in this agree-
ment, the provisions in the agreement for the renewal of
the Conciliation Board dated April 28, 1915, to remain
unaltered. ,

“ A resolution was unanimously passed by the Board :—
‘ That this Board strongly urges all miners’ associations to
take such steps as in their judgment are needful to ensure
the fullest possible attendance at their work of all work-
men in the Federated area.’

Mr. H. Smith presided at a special meeting of the council
of the Yorkshire Miners’ Association, held at Barnsley on
Wednesday. The principal business was the explanation of
the operation of the war bonus in the hope of avoiding any
misunderstanding. It was explained that the 15J per cent,
advance was to be added to the gross wages eained.
Taking the earnings at 5s. per day, Mr. Smith said, the
65 per cent, increase on the standard rate of wages would
be added, making 8s. 3d. To this would be added the war
bonus, bringing the total to 9s. 6’34d. The bonus would
apply in the same way to the wages of surface workers,
whether they manipulated coal or not, and worked in or
about the pit yard, and were represented by the Miners’
Association. The amount of the war bonus was to be
shown separately on the pay note. The question was also
discussed of the application of the war bonus to the mini-
mum wage awarded, and Mr. Wadsworth, M.P., was
requested to ask the South Yorkshire Coal Owners’ Asso-
ciation to meet them at an early date to discuss the matter,
which also applied to day-wage men and boys, apart from
coal-getters and fillers. It was agreed to carry out the
recommendation of the Coal Conciliation Board, and advise
all men and boys to attend work as regularly as possible,
and do their utmost to supply the coal required for the
nation’s need.

There was a sequel to last week’s miners’ strike in the
Black Country at Old Hill Police-court, on Wednesday,
when 68 miners employed at the Pennant Hill, Warren’s
Hall, and No. 3 Windmill End collieries, Rowley, were
summoned by Messrs. H. S. Pitt and Company for neg-
lecting their work between the 15th and 18th inst.,
.nominal damages of 10s. being claimed against each defen-
dant. Mr. Willes (for prosecutors) explained that there
had been delay in. the negotiations for a war bonus, and
this led to impatience amongst the miners. When the
negotiations for a settlement broke down, Messrs. Pitt and
Company posted a notice that the delay in dealing with
the matter was not the fault of the coal owners. Subse-
quently, the firm, considering it was unfair for the miners
to wait so long for the advance, announced that they
w-ould pay an advance of wages which would not prejudice
their position under the award, and any arrears due to them
under that would be paid on the first pay day. Despite
this notice, the men seemed to have the idea that the
advance would be binding, and that the offer was simply
a trap to induce them to accept something less than the
award. At Pennant Hill Colliery they refused to go down
the pit to keep the roads in order, and damage to the
extent of .£50 resulted. In face of the national necessity,
masters could not tolerate men leaving their employment
upon any imaginary grievance. The underground manager
of the Pennant Hill Colliery (Mr. B. Parker) said when
the men struck work he appealed to them to allow’a suf-
ficient number to go down the pit to keep the workings in
order, but they declined to do so. For the defence, Mr.
Green said it was perfectly true that the men thought that
there was something behind the offer of the employers, and
•the decision of the firm, after the refusal of the men’s
leaders to accept the advance, had, he considered, produced
the position. He submitted that Lord Coleridge’s decision

justified their agitation. Mr. Willes withdrew the cases
'against six men, who, he said, had a legitimate reason
for being absent. The chairman said the men were not
justified in their action, and they should have given notice,
[n all the cases, with the exception of those withdrawn, 10s.
damages would have to be paid.

Serious discontent exists in the Cannock Chase district
among colliery enginemen, firemen, and mechanics, number-
ing between 4,000 ‘and 5,000, at the delay of the owners in
dealing with the war bonus question, and at- a men’s meet-
ing at Hednesford on Saturday, it was unanimously decided
to ballot on the question of handing in notices at the
earliest possible date. A bonus equal to that just granted
to the miners is asked for. The men have been influenced
by the general agitation throughout the country for war
bonuses, and about a fortnight ago a demand was made
that they should be given a similar advance to what was
being conceded in other trades. Having regard to the
agreement, which, it was claimed, had given the men 65 per
cent, advance in wages on the 1888 colliers’ basis, the view
of the employers was that this demand was not a legal one.
The employers met to consider the question, and decided
that in consequence of the increased cost of living, the men
were entitled to some consideration outside the conditions
of the agreement, with the result that at a conference an
advance on present wages of 10 per cent, was offered. This
offer, however, was refused. The difficulty arose out of the
claim of the men that they should receive exactly, the same
bonus as had been offered to the miners. Although the
decision of the 3,000 miners in the Old Hill and surrounding
districts to resume work, pending the award of Lord
Coleridge, gave general satisfaction throughout the area, the
verdict was by no means popular with a large proportion of
the men. Many of the men descended the pits on Wednes-
day night previous to the holiday, but despite the decision
arrived at by the mass meeting, there was not a general
resumption of the men on Tuesday. Some hundreds who
were not in agreement with the settlement of the dispute
declined to work, while other causes contributed to the
standing of several pits in the area. The men employed at
the Golden Orchard Colliery, Halesowen, the largest in the
district, were unable to resume work, owing to the fact that
alterations were being carried out to the winding apparatus
which it is expected will suspend operations for a few days.
At several of the other large pits it was found impossible
to find employment for the whole of the men who presented
themselves. This was due to the fact that, short though
the strike has been, many of the roads have got into bad
condition, and it is necessary to clear these before work can
be resumed. Lord Coleridge’s war bonus decision has
given great satisfaction to the Cannock Chase miners, and
a great proportion of the 6,000 strikers returned to work on
Saturday. It was expected that all the strikers would
resume their labour after the Whitsun holidays, Monday
and Tuesday.

Our North Wales correspondent writes :—The decision
arrived at by the Conciliation Board is of considerable
importance to the North Wales coal owners and miners, as
this coalfield is part of the Federated area. Recently there
has been several advances. The miners had .an advance,
under an award of Judge Moss, the chairman of the Joint
District Board for the area, and the men on the surface who
manipulated the coal also had an advance, and it will be
on these rates that the war bonus of 15J per cent, will have
to be added, which will make a material difference to the
w7ages books. The minimum rate for the district for colliers
(apart from the 15J per cent.) is now 7s. l-2d. It is well
that the Board passed a resolution urging all associations to
take such steps as in their judgment are needful to ensure
the fullest possible attendance at their work of all workmen
in the Federated area. The question of absentees has been
a very serious one in this district for a long time past, and
it is hoped that this at least may now. be remedied to . some
extent. No doubt the advance referred to will hit all
districts affected badly, and in this locality it W’ill create a
serious position, unless prices can be advanced correspond-
ingly for the coal sold.

It was reported to a mass meeting of West Dean colliers
of Gloucestershire coalfield at Yorkley on Saturday, that at
a conference between representatives of the owners and the
men’s union an appeal for a war bonus w7as refused by the
masters, who reminded the men’s representatives that
during the winter wages had been advanced 25 per cent.

At a meeting in Leeds yesterday (Thursday) of the com-
mittee of the West Yorkshire Coal Owners’ Association and
representatives of the West Yorkshire Enginemen and Fire-
men’s Association, it was decided to grant an advance of
15J per cent, in wages to West Yorkshire enginemen and
firemen, dating from the 5th inst. The advance is the
precise amount granted to the miners as a war bonus by
the Conciliation Board.

Scotland.

In connection with the claim for an increase of 50 per
cent, on the 1888 basis, which has been made by Mr. R.
Bmillie and Mr. R. Brown on behalf of the National Union
of Scottish Mine Workers, arrangements have been made
for a sitting of the Scottish Coal Trade Conciliation Board,
to take place in Glasgow7 at 2 p.m. on June 1, for the
purpose of considering the matter. The claim represents
about 2s. per day, but whatever sum which may be found
due will be granted under deduction of the recent increase
under the war bonus arrangement. Fully 100,000 miners
are interested in the claim.

Iron, Steel and Engineering Trades.

The claim by steel workers in the West of Scotland for a
war bonus of 5s. per week, w7hich was remitted to an arbiter
for decision, came before Sheriff A. 0. M. Mackenzie, K.C.,
on Monday. The men claim the bonus because of the
increase in the cost of living since the war began. The
employers, who have declined to grant the demand, point
out that under the sliding scale the men have already been
granted increases of pay to the extent of about 30 per cent,
altogether since the commencement of the w7ar. The case
for the charge-wheelers, gas workers, and other day-wage
.labourers was stated by Councillor Walker and Mr. James
Gavin. Councillor Charlton appeared on behalf of steam
service workers. . About 4,000 men are interested in the
matter. At the close of the proceedings Sheriff Mackenzie
stated that he would intimate his decision in due course.

SOME RECENT DECISIONS UNDER THE
WORKMEN’S COMPENSATION ACT.

Agreement for Benefit of Infant.

At the Rotherham County Court (May 14), His Honour
Judge Benson gave judgment in an action in which Percy
Neville Walker, 142, Hall-road, Hands worth, claimed
compensation from the Rother Vale Colliery Company
Limited under the Workmen’s Compensation Act. On
November 5, 1906, at the Orgreave Colliery, applicant,
while oiling a lubricator over a cog-wheel, was pulled into
the machinery and crushed. The accident brought about
total permanent incapacity, his right arm being amputated.
At the time applicant was an infant receiving Ils. 6d. per
week. Compensation was paid weekly, and later a lump
sum. He had now claimed 5s. 6d. per week from May 28,

1908,	to January 29, 1911, when he became 21 years of age,
and from that date until further order, £1 per week.

His Honour said the question for him to decide was
whether an agreement entered into in May 1908 for £90
was an answer to the claim or not. Buch an agreement
could not be entered into either by the guardian, the next
friend, or the infant himself, unless it was for the benefit
of the infant. He was of opinion that the agreement was
for the benefit of the infant, who was an orphan and was
maintained and kept by a guardian. Any dispute between
the infant and the guardian as to whether the infant had
received the full benefit of the £90 should be settled by
them. He dismissed the request for arbitration as against
the defendants, and gave a verdict for the defendants with
costs.

Insurance Company and a Revised Award.

In a case heard in the Manchester County Court (May 3),
an unusual application for a declaration of liability was
made by George Bailey Green, radial driller, against
Crossley Brothers, engineers. Evidence was given that the
workman’s right arm was wounded by a fall last November,
and that although the wound had healed and Green has
been able to resume his old employment, a scar remains,
which is painful and, according to a medical witness, will
always be liable to break down on irritation, to ulcerate,
and to lead to serious consequences. For the employers,
counsel submitted that as the man was earning his
former wages at toe same employment, he had “ recovered ”
within the meaning of the Compensation Acts. He also
submitted that such orders should not be made against
insurance companies unless there was a reasonable proba-
bility of the man being still incapacitated.

Judge Mellor said that in such cases the Court had not
to trouble itself over inconveniencing insurance companies.
Such companies found satisfaction for that in their pre-
miums. What he had to do was to see that the workman
did not suffer wrongly. He found that there was a
reasonable chance of the scar breaking down again, and
held that the workman was entitled to the declaration of
liability. This was accordingly granted, with costs on the
B (higher) scale.

Increased Cost of Living.

An interesting case came before Mr. Perks, the deputy
judge, at the Leeds County Court recently, when the ques-
tion arose as to whether a man in whose favour an award
has been made is entitled to an increased amount when
higher wages are given to meet the increased cost of living.
John Tierney, labourer, asked for an increase of compensa-
tion from Id. to 17s. 3d. per week from his employers.
Walter Scott Limited, Leeds Steel Works, or the difference
between the sum which they were prepared to pay and
of £1 14s. 6d. per week, the amount he could earn now but
for the accident. The applicant also, claimed £23 2s.,
representing the additional sum he could have earned during
the last two years. The applicant, who was injured in

1909,	received compensation at the rate of 13s. 6d. per week
for a considerable period, and afterwards he did light work
for the respondents, receiving £1 7s. per week, the same
amount as he got before the accident. In 1913 throughout
the country there was an agitation by a number of trade
unions for a general all-round increase of wages, owing to
the increased cost of living. A demand was made by the
Gas Workers and General Labourers’ Union on behalf of
men in a similar position to the applicant. The respondents
conceded the men’s demands, and made an advance from
4s. 6d. to 5s. per shift. He submitted that the applicant
ought to have the benefit of that increase, which was due to
the economic situation.

His Honour said it was very hard upon the man, but his
case was hopeless.

Old Age and Compensation.

In a case heard in the Second Division of the Scottish
Court of Session (A. Young v. J. Bilsland and Company),
it was found that inability on the part of an injured man to
obtain work could not be directly traced to the accident, this
inability having been more likely due to ill-health and
advancing years.

A Surgical Case.

His Honour Judge Macpherson has given judgment
(May 12) at Chesterfield in an action recently heard at the
Alfreton County Court, in which Messrs. James Oakes and
Company, owners of the Cotes Park Colliery, were the
respondents, and Samuel Grundy, formerly a deputy at the
pit, was the applicant. The case presented some remarkable
features. The plaintiff was injured, as far back as March

1910,	by being jammed by some loaded tubs in the pit, and
was off work a fortnight. From that time up to November
1913 he continued at work, though there was evidence that
he suffered a good deal of pain in the hip in the meantime.
Grundy was eventually compelled to leave work, and was
treated for sciatica. Eventually the hip which caused the
trouble was submitted to the X-rays, and it was alleged that
he was really suffering from osteo-arthritis, or, in other
words, a chronic inflammatory condition of the joint, of long
standing.

His Honour, in his reserved judgment, found, after con-
siderable hesitation, that the applicant had made out his
case. He did so on the ground that most of the doctors
said if the applicant had suffered as he was stated to have
done, they would be inclined to attribute it primarily' to the
accident. His Honour also allowed costs and the. fees of
two surgeons called by the applicant.