890

THE COLLIERY GUARDIAN.

October 29, 1915.

Falls of Roof and Side.—Of the total deaths due to
accidents which occurred underground during the year,
52 per cent, are attributable to falls of roof and side.
In 1913 the percentage was 59, so that apparently a
slight improvement can be recorded. It is not certain,
however, that the improvement is a very real one, as the
number of fatalities due to haulage and other accidents
is greater than in the previous year. It is still a fact
that a large number of these accidents are preventable,
and an investigation of the causes shows that with
ordinary care half of them ought not to have happened.
Mr. Wilson points out that the number of accidents
could be reduced if more attention were given to timber-
ing; if more planks were set against the roof, instead of
relying upon single props; and, if better systems of
supporting the roof upon longwall faces were adopted.
Timbering, as a whole, in this Division, leaves much to
be desired. Inspectors frequently have to complain that
the specified distances are exceeded, and it appears
‘ obvious that the under-officials and deputies do not by
any means report all breaches of the regulations. At
some mines where the coal is undercut by machines,
as the coal is got down and filled out, the fillers are
allowed to set such timber only as is required to keep
themselves safe, and this is subsequently knocked out
by a timberman who sets planks or bars before the
machine advances with the next cut. If it is necessary,
as it certainly is, to set proper timber supports before
a machine advances, it is surely equally necessary, when
coal is got down and new and uncertain roof is exposed,
to set the same kind of support as soon as ever there is
room for it. To do otherwise would not be in accord-
ance with Section 50 of the Coal Mines Act, which
requires supports at the face to be set systematically and
adequately.

Shaft Accidents.—The number of fatal accidents in
shafts was 'the same as in the previous year, viz., 10,
and these involved the loss of the same number of
lives. In connection with an accident at Thornley
Colliery, Durham, safety belts were provided, but were
not used. An unusual form of accident which caused
the death of a lad, occurred at Springwell Colliery,
Durham. A staple 20 fms. deep was used for lowering
coal from one seam to another, and was provided with
covered cages. Owing to the fact that a new rope had
been put on, the cages ran stiffly. The rope examiner
found that his own weight would not take the cage down,
so he took two lads with him into the cage. Even this
proved insufficient to lower the cage, so the overhead
drum had to be turned by means of a winch fixed there
for the purpose. This was done by using a handle
which was placed upon the pinion wheel shaft.
Unfortunately, the lad who was turning this lost control
of it as soon as the cage restarted. The handle then
flew off and fell through a space in the planking on to
the top of the cage; it pierced the cage cover and struck
one of the lads upon the head, and caused him to fall
out of the cage. As the staple was not used for riding
men there were no gates on the cage. The handle upon
the winch was afterwards made so that it could not
come off.

Miscellaneous Underground.—There were 66 acci-
dents from miscellaneous causes underground, resulting
in the death of the same number of persons. Six of
these were caused by explosives, one from suffocation
by natural gases, one by irruption of water, 53 in con-
nection with haulage operations, two by machinery, and
three from various causes which are difficult to classify.

The number of fatal accidents by explosives remains
the same as in the previous year, and the remarks made
in last year’s report apply equally to the cases now
under consideration :—“ Out of the six fatal accidents
which occurred, five of them could easily have been
avoided.” Of the six fatal accidents three were due
to the use of gunpowder, and of the 91 persons injured
by explosives, 65 received injuries due to the use of
gunpowder. Inspectors are continually drawing atten-
tion to the careless way in which explosives, particularly
in naked-light pits, are handled by the workpeople.

, There was one fatality under the heading of suffoca-
tion by natural gases, which occurred at Easington
Colliery, Durham, on April 3. Some sulphuretted
hydrogen appears to have come away with trickling
water at a fault.

The only accident under the heading of inrush of
water, which was attended with fatal results, occurred
at Felling Colliery, Durham. There was no question
that the water had come from some, old workings which
formed part of the Tyne Main Colliery; a mine which
was abandoned many years ago. These workings were
placed upon the Felling Colliery plan by the colliery
surveyor, and the accuracy of their position was proved
by borings and drivings into them from Felling workings.
The inrush took place at the leading fact of some long-
wall workings. That the danger was appreciated was
evident by the fact that this leading place was not
cavilled by the overman at the March quarter. In spite
of this, however, workmen were sent into the place
either by the direct orders of the overman, or by the
deputies who had no instructions to the contrary, until
a holing was made. The place was driven more than
8 ft. in width without any protective boring whatever
being done.

Fifty-three persons lost their lives, and 228 were
seriously injured upon underground haulage roads. Of
these, 33. were killed and 168 injured while actually
engaged in haulage operations, and 10 persons were
killed and 17 injured while walking either to or from
their work; 20 of the fatal accidents occurred in con-
nection with horse haulage, and of these, 12 were due to
drivers riding on the limbers or on tubs.

A staple brakesman was killed in a rather extraordinary
manned at Harraton Colliery, Durham, by being hoisted
to the roof by his brake lever. This man was braking
a self-acting gravity staple when the brake seized owing
to the brake shaft bursting from its bearings. The brake
lever handle was jerked violently upwards, striking the

brakesman in the chest and lifting him upwards to the
roof, a height of about 7 ft. 6in. One of the brasses
from the shaft bearing was found close to him, and it
is surmised that it had struck him on the head as it
fell. There was nothing to account for the brake shafo
bursting from the pedestal, except that some short time
previously the cages in the staple ^ad been amain, and
it is probable that the upcoming cage struck the drum
and brake gear sufficiently violently to cause a fracture
in the pedestal cover. The shock of the application of
the brake on this run, which was the first one after
putting the staple right, was more than the fractured
cover could stand, so that the shaft came out of place.

Accidents on the Surface. — At the Durham and
Northumberland collieries there are many miles of
private railways connecting one colliery with another,
or connecting the colliery with the main line of railway,
or with a dock or wharf. As privately owned wagons,
and of ter those of the old chaldron type, are run upon
these lines, it follows that a large amount of rolling stock
has to be kept in order. This rolling stock is not always
kept in a good state of repair, and Mr. Wilson suggests
to those responsible for the working of this traffic that
more attention should be given to the matter, particu-
larly to the condition of the brakes. Some serious acci-
dents have occurred which would have been avoided
had this been kept in view.

A fatal accident due to electricity occurred at South
Derwent Colliery, Durham, and was owing entirely to
the folly of four men. A boiler foreman and three other
men were playing practical jokes. They intended to
give the horsekeeper at the colliery an electric shock,
and to do so they connected the handle of the donkey
pump house door to a lighting switch. The horsekeeper,
however, did not go near the pump house, but the fire-
man did, and he received a shock which killed him. The
current was alternating at 220 volts. On this occasion
it was a very wet night, so that the deceased man made
a good connection for the current to earth.

(To be continued.)

LAW INTELLIGENCE.

SUPREME COURT OF JUDICATURE.

• COURT OF APPEAL.—October 26.

Before the Master of the Rolls, Lord Justice Bankes, and
Lord Justice Warrington.

A Question of Mining Royalties.

Bullcroft Main Collieries Limited and others v. Don Coal
and Iron Company Limited and others. — A question in
regard to mining royalties was raised by an appeal brought
by the Bullcroft Main Collieries Limited, of Doncaster, and
Sir Arthur Markham, M.P., from a decijfion of Mr. Justice
Astbury in an action brought against them by the Don Coal
and Iron Company Limited, of Carlton, Barnsley, Mr. John
Plowright Houfton, of Carr Bank, Mansfield, and Mr. Henry
Archibald Sanders, of Chesterfield.

Mr. Cave, K.C., for the appellants, said that by agree-
ments with Major Anne, Mr. Davis Cooke, and Dr. Horne,
the Don Coal and Iron Company acquired the rights of
mining four seams of coal under the land of the lessors. The
benefit of these agreements was by an agreement dated
March 1908 consigned to Sir Arthur Markham in considera-
tion of a payment of £14,000 and a royalty of fd. per ton
on the output of the colliery or collieries. On this |d. per ton
was to go to Mr. Sanders. Sir A. Markham 'has assigned
to the Bullcroft Main Collieries the benefit of the agreement
of March 1908 relating to these four seams. The present
difficulty arose owing to the existence of other mineral pro-
perties called the Glebe, the Thelusson, and the Skelton,
some of which were interlocked. Sir A. Markham or the
Bullcroft Company had since 1908 acquired an interest in
some of the interlocked mines, and also in the Milnthorpe
property, to the east. But before bringing out the coal from
these other seams through the shaft sunk under the agreement
of 1908, it was desirable that the rights of the parties should
be ascertained, and at Sir Arthur Markham’s invitation this
action had been brought. The plaintiffs claimed a royalty
on all coal brought up through the shaft sunk under the
agreement with them.

The Master of the Rolls : What did the judge hold?

Mr. Cave said the judge held that the appellants were
bound to pay a royalty on foreign coal brought up through
the shafts on the Davis Cooke property.

Lord Justice Bankes : Then the test is the shaft by which
the coal comes, rather than the property from which it comes.

Mr. Cave : Yes. Proceeding, counsel said the contention
of the plaintiffs was that if a shaft were sunk on other
property that would become a colliery within the meaning
of the agreement if the very minimum of coal was taken
from the four seams through the outside shaft. That, the
learned judge in the court below, would not listen to, but
he did not see his way to negative it in the order. Appellants
now asked to have it determined that they only paid royalty
on the demised coal, or alternatively that there should be
a full judgment determining all the points raised.

Mr. Upjohn, K.C., for the respondents, said the agree-
ment. of 1908 comprised something like six thousand acres
of mineral property. Interspersed within that large block
were.smaller areas, which Sir Arthur Markham noticed at
the time, and he admitted that he quite appreciated that the
owner of the larger block would, in the ordinary course,
have the opportunity of working the interlocked coal. Under
these circumstances the vendors stipulated that a shaft
should be sunk and a royalty paid on the output of the
colliery or collieries. Clearly this included mineral from
the interlocked area.

At the conclusion of the arguments their lordships reserved
judgment.

HIGH COURT OF JUSTICE.

KING’S BENCH DIVISION (COMMERCIAL COURT).
October 26.

Before Mr. Justice Atkin.

A Commandeered Vessel.

A. Capel and Company v. D. Souledi (re ss. ‘Kardarmala’).
—This case related to the alleged commandeering of the Greek
steamer “ Kardarmala ” by the Greek Government. Plain-
tiffs were Arthur Capel and Company, coal exporters, The
Exchange, Cardiff, who brought an action to restrain the

defendant, D. Souledi, Leadenhall-street, London, from deal-
ing with the steamer referred to otherwise than under the
terms of the charter-party of May 6, 1915.

Defendant stated that the Greek Government had comman-
deered the vessel, and under the terms of the charter the con-
tract was at an end. But Messrs. Capel contended that the
order to commandeer was cancelled, and therefore the charter-
party was still in force.

Mr. McKinnon, for Messrs. Capel, said that the case arose
from the question of construction of one clause in the charter-
party, and it was important to his clients. Messrs. Capel
carried on business as exporters of coal in France, with a
head office at Paris, and a branch office at Marseilles. At
present they were actively engaged in coaling transports for
the French Navy, and it was very important to their busi-
ness, and to the Allies, that Messrs. Capel should have
special facilities. The date of the charter-party was May 6.
The rate of freight was then abnormally high, but it had
since been higher. The real important clause in the charter-
party read : “ Should a steamer be commandeered by the
Greek Government, this charter should be cancelled.” What
happened was that in November the Greek Government,
through its consuls, appeared to issue directions to all Greek
steamers, wherever they were, to come home.

After hearing Mr. Roche, for the defendant, and evidence
given by Mr. Michael Theodosius, secretary to the Greek
Consulate in London.

Mr. Justice Atkin said this was a somewhat important and
urgent question, because it related to the disposal of a ship
now in an English port at Cardiff, and he would give judg-
ment at once. The dispute was whether the steamer had
been commandeered by the Greek Government. It had been
employed to carry coal from Cardiff, and on September 25 it
was apparently in Marseilles harbour engaged in discharging
coal. A notice was then served on the captain by the Greek
Consul-General at Marseilles, ordering him to preceed imme-
diately to the Piraeus. The question was whether the charter-
party was cancelled, and whether the ship was or was not
commandeered. “Commandeer” was a word of recent
origin, and there would be no previous interpretation to guide
them. The right inference to draw from the facts seemed
to be that the Greek Government required Greek ships to pro-
ceed to Greece, and enable them to use the ships, if they
desired to do so. It had been suggested that the order of
the Government was substantially inoperative, because it did
not prevent the ship from performing its obligations under the
charter. But that seemed to have no real bearing on the
consideration of the clause. He thought the true interpreta-
tion was that the charter was cancelled on the commandeer-
ing of the steamer. The result of that would be that on the
claim of the plaintiffs, there should be judgment for the
defendant with costs.

RAILWAY AND CANAL COMMISSION.

October 25.

Before Mr. Justice Lush, the Hon. A. C. Gathorne-Hardy,
and Sir James Woodhouse.

Railway Rates for Coal.

Glenavon Garw Collieries Limited v. Rhondda and
Swansea Bay Railway Company and others.—Judgment was
given in the case of the Glenavon Garw Collieries Limited
v. Rhondda and Swansea Bay Railway Company, the Great
Western Railway Company, and the Barry Railway Com-
pany (see Colliery Guardian, October 22, p. 827).

Mr. Justice Lush said : In this case the Court has to
apportion the through rate of Is. 4'4d., which was fixed
by the Court some few weeks ago when the case first came
before us. I should, perhaps, say that, although there are
three railway companies concerned in the through rate, it
has been agreed, for the purpose of this case, - that the
Rhondda and Swansea Bay Railway Company should be
treated as one and the same as the Great Western Railway
Company. We have only to consider the matter as between
the two companies—the Great Western Railway Company
on the one part, and the Barry Railway Company on the
other. I desire to say this before stating the conclusion
we have come to. We have not come to the conclusion
entirely and exclusively on the correspondence. The letters
range over a great number of years, and although the
correspondence is part of the evidence to be considered, we
do not base our judgment entirely on it. Looking at all
the circumstances, we have considered the case in its various
aspects, and we have come to the conclusion that the proper
sum to apportion to the Barry Railway Company is, in
respect of the Peterston route, 6d. per ton, and in respect of
the Coity Road, lOd. per ton; the balance to go to the Great
Western Railway Company.

The Highways Committee of the London County Council
reports that, in view of the exceptional circumstances
prevailing, it has authorised the purchase, for use at the
Greenwich generating station, of coal as and when it can be
obtained. Under this authority 4,768 tons of coal have
been purchased under contract at a cost of £4,380, and
26,490 tons out of contract at a cost of approximately
£34,464 during the quarter ended September 30. The
Committee has also purchased from Messrs. Wm. Cory and
Son, at a price of 30s. a ton, 10,000 tons of coal, to be stored
by them and to be delivered at the generating station as
and when required by the Council within 12 months from
August 1, 1915.

The London County Council is endeavouring to retrench
during the war, but a report of the Education Committee
on coal showed that no saving is possible on fuel, which* *
indeed, will cost more than the sum of £51,195 estimated
in respect of the financial year 1915-16. The committee
reported: “ Owing to the increased price of fuel it is not
possible to reduce the amount of this vote. The expendi-
ture under the vote is in respect of all the Council’s
educational institutions. Since the estimate was made
contracts for fuel show an increase of 40 per cent., repre-
senting an advance of £20,000 in the aggregate. It is
hoped, however, that by close supervision over consumption
this increase may be kept down, so that the actual increase
shall not ultimately amount to more than 20 per cent. It
will be necessary to increase the estimate for the financial
year, 1916-17, by £10,000 over and above the original
amount voted for 1915-16.”