30

THE COLLIERY GUARDIAN

July 2, 1915.

would be a reasonable cause for not making a claim, but
the court was bound to look at the circumstances in which
the appellant was with reference to his master. His lord-
ship attached great importance to the fact that the appellant
was an old servant whose master had treated him and con-
tinued to treat him well. The appeal must be allowed, and
the case must go back to the county court judge to assess
the compensation.

The lords justices also delivered judgments allowing the
appeal.

HIGH COURT OF JUSTICE.

CHANCERY DIVISION.—June 25.

Before Mr. Justice Eve.

Coal Conveyor Case.

Diamond Coal Cutter Company Limited v. Mining
Appliances Company. — The motion by the Diamond Coal
Cutter Company Limited, of Wakefield, in their action
against the Mining Appliances Company, of Church-street,
Sheffield, again came before the court. The plaintiffs sought
an interlocutory injunction to restrain the issue of alleged
threats to take legal proceedings under the Patents Act. The
facts were stated in last week’s issue.

Mr. Hunter Gray, for the plaintiffs, now submitted that,
by his own affidavit and letters, Mr. Ridgill had claimed
the right to take legal proceedings, and that it might
reasonably be inferred from the letter he wrote that he was
claiming to be the patentee. One phrase in his letter was
worded ap follows : “ Under the powers of our licence, we
shall prosecute.” That, surely, was conclusive.

Mr. Colefax, K.C., replying for Mr. Kidgill, argued that
his lordship must be satisfied that the person issuing the
alleged threats was in fact claiming to be the patentee.

His lordship decided to make no order on the motion. He
could not see any ground, he said, for granting an interlo-
cutory injunction. The action was really a “ threats ”
action, and, in order for the plaintiffs to succeed on an appli-
cation for an interlocutory injunction, it was incumbent
upon them to show that the person making the threats had
brought himself within the mischief of section 36 of the Act.
It was conceded that it was not necessary for that person,
of course, to state in his threat that he claimed to be entitled
to restrain the sale of other goods or the use of other articles,
as the patentee of any particular article; it was enough if,
on a true and sound consideration and construction of the
document alleged to be the threat, the court came to the
conclusion that it was put forward in fact by a person claim-
ing to be the patentee—that was to say, the legal owner of
the patent rights. There were two circular letters in this
case, not differing in any material aspect, which, it was
said, contained threats by a person claiming to be the
patentee. His lordship thought that, upon the true con-
struction of these circulars, they were not the circulars of a
person claiming to be the patentee. It was true that they
spoke of the patent rights, and said offenders would be pro-
ceeded against without any hesitation, but one must read
the circulars as a whole. In the forefront they stated speci-
fically that Eickhoff was the patentee, and they said that
they had purchased the exclusive rights of sale and manufac-
ture in this country. Later on they spoke of the rights given
them by their licence. He thought it was impossible to hold
at this stage of the proceedings that this was a threat by a
person claiming as a patentee, and, that being so, he did not
think it was a case in which he ought to grant an injunction.
There would be no order on the motion, and the costs W’ould
be Mr. Ridgill’s costs in the action.

SCOTTISH COURT OF SESSION.
FIRST DIVISION.—June 8.

Before the Lord President and Lords Mackenzie,
Skerrington, and Cullen.

Workmen’s Houses : A Rating Question.

Special Case—Carron Company and Others.—This was a
special case for the Carron Company, Falkirk, the first
parties; Sydney H. Francis, 65, Renfield-street, Glasgow,
the second party; and the County Council of Lanark, the
third parties, for the opinion of the Court upon the question
whether the houses in the North Cadder Special Water
Supply District, erected or purchased by the Carron Com-
pany, were small dwelling-houses within the meaning of the
House Letting and Rating (Scotland) Act, 1911. The houses
in question number upwards of 240, and are let to miners
and others in the employment of the Carron Company, by
whom the rents are deducted weekly from the workmen’s
wages. It was not <a condition of employment that the
workman should reside in one of the company’s houses.
The Sheriff fixed the deductions to be allowed to owners
in Lanarkshire at 2J per cent., but in the demand notes
for occupiers’ rates in respect of the houses in question,
which rates are deducted along with the rents from the
wages of the workmen, no deduction was allowed to the
company as owners to cover the cost of collection, and the
County Council declined to make the deduction when asked,
contending that as the company were entered in the valua-
tion roll as occupiers, each of the houses must be held to be
occupied by the owners, and that therefore none of the
houses was a small dvTelling-fiouse within the meaning of
the Act.

The Division found that the Carron Company were not the
occupiers of the houses within the meaning and for the
purposes of the Valuation Acts; that the houses were
dwelling-houses in the sense of section 1 of the House
Letting Act, and that the company were entitled to the
deduction of 2J per cent. The Lord President said that to
determine the sole question here they must turn to the
agreement signed by the employees with reference to the
houses. It was not a contract of service; it was a simple
missive of lease. It expressed clearly a weekly tenancy,
terminable by a week’s notice on either side, and it autho-
rised summary ejection where the tenant did certain things,
among others, ceased to be in the employment of the com-
pany. It was common ground that this was an occupancy
in connection with service with the company, but he was
of opinion it was equally clear that it was not an occupancy
by virtue of service with the Carron Company. Service was
the occasion, and not the cause, of the miner’s occupation
of a house. In short, the occupation of a house was not
made any part of the miner’s contract of service; it was
not made any part of the miner’s remuneration for his work
in the pit. It appeared to his lordship to be a mere travesty
of the relationship of the parties to say that the company
occupied these houses by means of their servants, the actual
occupiers of the houses. They did not in any sense of the
word occupy the houses at all. It was the miners, and
the miners alone, who were the occupants.

Lords Mackenzie, Skerrington and Cullen concurred.

RAILWAY AND CANAL COMMISSION COURT.
June 17.

Before Lord Mackenzie, the Hon. A. E. Gathorne Hardy,
and Sir James Woodhouse.

Preferential Treatment in Railway Rates.

Anglo-American Oil Company Limited v. the Caledonian
Railway Company and the North British Railway Company.
—Applicants asked the Commission, which sat at Edinburgh,
to make an order for equal railway rates with Scottish oil
companies. The applicants carry on business in Scotland
and England in the sale of petroleum, burning and lubri-
cating oils, benzine, and motor and fuel oils. They have an
oil store and distributing depot at Grangemouth, from which
they send large quantities of goods by the respondents’ rail-
ways, and pay the respondents £20,000 a year in rates. They
said that it recently came to their knowledge that these rail-
way companies carried similar traffic for other traders in
Scotland at much lower rates than they charged the appli-
cants. In particular, they so carried for the Scottish oil
companies at a fixed mileage rate per ton. That mileage
rate was much less for any given distance than the rates
charged to the applicants. The latter believed that the
railway companies had agreements with all the Scottish oil
companies, under which they carried the products of their
works at special or reduced rates. Applicants claimed as
damages in respect of the excessive rates paid by them since
1907 the sum of £36,000 against the Caledonian Railway
Company, and the sum of £9,200 against the North British
Railway Company. They asked an order on the railway
companies to desist from giving any undue preference to other
traders, and directing an enquiry into the damage sustained
by the applicants.

The Caledonian Railway Company, in their answers,
denied that they had any current agreement with the Scottish ■
oil companies in terms of which their traffic was carried at
reduced rates. The rates in respect of the traffic of the
Scottish oil companies were put in operation with the object
of securing the traffic in the interests of the public by estab-
lishing and developing a new industry, and giving employ-
ment to large numbers of workmen. In their answers, the
North British Railway Company stated that there was no
real competition between the applicants and the Scottish oil
companies. No manufacturing of any kind was carried on
by the applicants. The traffic which the Scottish oil com-
panies gave the North British Company was more than 40
times as valuable as that which they received from the
applicants.

The court found that the unequal tolls, rates, and charges
complained of by the applicants constituted and were a pre-
ference to traders other than the applicants which the respon-
dents had failed to justify. The court therefore required and
ordained the respondents to desist from giving any such
undue preference, and continued the cause.

Lord Mackenzie said it was not disputed that the rates
charged by both the respondent companies to the applicants
were in excess of those charged by them to the Scottish oil
companies. In the case of burning and lubricating oils, the
difference ranked from 18 to 23 per cent.; in the case of
naphtha, which included motor spirit,.the difference ranged
from 123 to 181 per cent. . In the case of returned empties,
the difference was between 31 and 109 per cent. The respon-
dents said that as between manufacturers and merchant,
there never had been equality of charge during the 60 years
that the Scottish oil industry had been in existence. The
rates charged the Scottish oil companies were originally fixed
by agreements, commencing about 1865, for mineral oil
products. These agreements had all expired, with the excep-
tion of the one which still subsisted between the Broxburn
Oil Company and the North British Railway Company. Its
duration was declared to be “ so long as the works of the
Broxburn Company are carried on.” The peculiarity of the
position was that, standing the Broxburn agreement, it set
the standard of charge in point of fact, not only for the
Broxburn Company, but also for the other Scottish oil com-
panies both on the North British and Caledonian systems.
The question was whether the differentiation between manu-
facturer and merchant was justifiable. From the point of
view of the railway companies, it was argued, manufacturers
and merchants were not in pari casu; the manufacturer, it
was said, had to locate his works where he could find the
raw material, in the case of these oil companies on barren
moorland, where every railway facility had to be specially
provided. The merchant’s place of business was in a town
where railway facilities already existed. There were other
differences. From the public point of view, there was the
employment of workmen in the shale industry, and other
workmen. The considerations argued on behalf of the
Scottish oil companies would apply in varying degree to all
home producers, whether industrial or agricultural. It was
sufficient, in order to decide the present case, to say that the
differences in rates did work an injustice as between the
applicants and the Scottish oil companies. It was no doubt
true that in certain cases it had been found fair to fix and
maintain inequality of rates in order to prevent a certain
class of traders having a monopoly of the market owing to
their geographical position. Such considerations were
entirely absent here. The same, or similar, services were
rendered to the applicants and the oil companies. As
regarded burning and lubricating oils, it was admitted the
Applicants and the Scottish oil companies were in competi-
tion. His lordship was of opinion the applicants had estab-
lished their case of undue preference. As regarded naphtha
and motor spirit, the circumstances of the case were some-
what different. The real dispute was in regard to motor
spirit—a recent industry. The railway companies admitted
that when the naphtha rates were fixed, motor spirit was
not in anyone’s mind. They said there was no material
competition in motor spirit between the applicants and the
oil companies. His lordship thought competition in naphtha
was proved. The position of both railway companies was
the same. Though the Caledonian was not bound by any
subsisting agreement as the North British in the case of the
Broxburn Company, the rates charged by each were de facto
the same. There should, therefore, in his lordship’s
opinion, be an order that the rates complained of constitute
an undue preference, and that the respondents should abate
them.

The Hon. A. E. Gathorne-Hardy and Sir James
Woodhouse, whose opinions were read by Lord Mackenzie,
reached the same conclusion.

Counsel for the applicants asked that the question of
damages might be left over in the meantime, as an arrange-
ment might be made.

LABOUR AND WAGES.

South Wales and Monmouthshire.

The circumstances relating to the settlement of the dispute
in connection with the new wages agreement is dealt with
in “ Notes from the Coal Fields.”

The non-unionist difficulty has been responsible for tem-
porary stoppage of 1,700 men at Maindy and Eastern pits,
Rhondda, and nearly 2,000 men refused to descend at Risca,
because of a grievance alleged; but both collieries have
resumed full work. In the Tonyrefail district 600 men have
asked permission to tender notice, on account of non-unionists.

Miners and the Munitions Bill.

During the past week Mr. Lloyd George has had several
interviews with the executive of the Miners’ Federation of
Great Britain, with regard to the application of the Muni-
tions Bill to coal miners. The Minister informed the miners
that, much as he desired it, he would not force those
workers to come under the Bill who were unwilling to
do so.

North of England.

Mr. W. B. Charlton, agent, reporting to the quarterly
meeting of the Durham County Colliery Enginemen’s,
Boilerminders’ and Firemen’s Association, held at Durham
City last week, said it was 11 months since they jointly
agreed with the owners to do their best in the national
interests, but it was too obvious that the best was not
sought. They knew that the enlistment of 40,000 mine
workers from the county would necessitate some re-arrange-
ment of work, but the re-arrangement had been directed far
more in quest of lessening expenses than in getting the
greatest output. The greatest concern was exercised on
behalf of the companies’ interests, and, under the screen
of the national crisis, arbitration awards and agreements
were discarded and custom ignored to save costs in working.
While all this might raise the output per person employed,
it by no means produced the highest possible quantity.

The quarterly meeting of delegates of the Cleveland Iron-
stone Miners’ and Quarrymen’s Association was held at
Middlesbrough this week. Mr. H. Dack, president and
agent, in the course of his address, said circumstances
appeared to have changed, for while there had been men
working extra time at some mines, at other mines large
numbers of men were being laid idle a day per week.
Those changed conditions he could not explain, because the
mine owners had not recognised them in any way. He
thought the least the employers could have done was to
notify them that the position had modified, and that they
were relieved from the moral responsibility placed upon
them by the mine owners some time ago. A resolution was
adopted placing on record the dissatisfaction of the dele-
gates, and to ask the Mine Owners’ Association for an
explanation of the reasons why some miners were called
upon to work extra time when others were not able to get
a full week’s, employment.

There was a stoppage at Wheatley Hill Colliery last
Monday, the men having declined to participate in the
quarterly cavilling for places until a grievance was rectified.
It seems that, some time ago, an alteration was made in
the screening arrangements, whereby the coals drawn at
No. 1 Pit went to No. 2 Pit heap to be weighed and
screened. The men allege that coal fell from the tubs on
their journey between the two pits, and that, therefore, the
hewers, being paid by weight, lost money. Work was
resumed on Tuesday, a settlement having been arrived at.

The 14 days’ notice which was handed in by the men
employed at the Nos. 4 and 5 Brayton Domain Collieries
expired on Monday, and the men ceased work and brought
their gear to bank at the close of the day’s shift. The
dispute, which affects about 1,000 men, is an increase of Id.
per cwt. on the coal supplied to the employees of the colliery.
For some time the coal has been supplied at 5d. per cwt.,
but a war bonus of 15£ per cent, having recently been
granted to the men, the management contend that the coal,
along with that supplied to the public, should bear an
advanced price while the war bonus is being paid. The
selling price of this class of coal at the pit to the public
is Is. Ojd. per cwt.

Federated Area.

Mr. J. G. Hancock, M.P., agent, gave a report at a
council meeting of the Nottinghamshire Miners’ Associa-
tion, on Saturday, June 26, concerning carters and other
surfacemen employed by the Babbington Coal Company
becoming members of the association. It was decided to
grant Babbington miners permission to take a ballot with
a view to compelling these men to join the union. Regarding
the new wages agreement and the alteration in the basis
rate, local lodge officials complained that the management
of various collieries were not prepared to sign the revised
price lists. The officials were instructed to write the
Colliery Owners’ Association asking for a meeting to be
convened to consider this important matter. Complaints
had been received respecting the bonus not being paid on
wages earned to a number of members on full and part
compensation. Negotiations had been entered into with the
Colliery Owners’ Association, the secretary of which had
intimated that it was a question to be settled with the
insurance indemnity societies, and the officials were
instructed to negotiate with the same. It was decided to
arrange a meeting with the colliery owners in the Ere wash
Valley regarding the wages of surface workers. A number
of compensation cases from the Gedling Colliery were con-
sidered, and the secretary was given power, if he deemed
it necessary, to take the cases into court.

The financial statement of the Derbyshire Miners’ Asso-
ciation for 1914 shows total receipts £154,732, including a
balance of £97,443 brought forward. Members’ contribu-
tions were £41,508, and interest from investments amounted
to £10,083. The payments aggregated £23,430, leaving a
balance in hand of £131,302. Included in the payments
were £4,039 to the Federation (£2,087 to the political fund
and £1,237 10s. Daily Citizen levy); £1,741, legal charges
jn minimum wage case; £6,751, out-of-work pay; £1,546,
expended in obtaining compensation for members; £3,766,
superannuation pay to aged members; and £764, strike pay
in Yorkshire dispute. The liabilities stand at £311,926,
and this is fully covered by property and investments. A
total of £59,547 is invested with Chesterfield Corporation,
£71,185 with the Chesterfield Gas and Water Board, and
£55,000 with the Ilkeston Gas and Water Board, while
balances of £121,302 were held by various banks. A new
feature of the year is the rebate of £597 obtained under
section 106 of the National Insurance Act.

The difficulty about the war bonus between the Black
Country engine winders and the coal masters has been over-
come. The masters have conceded the demands of the men
for a 15J per cent, advance. The masters held out for 10