1302

THE COLLIERY GUARDIAN

December 24, 1915.

LAW INTELLIGENCE.

HOUSE OF LORDS.—December 7.

Before Earl Loreburn, and Lords Atkinson, Shaw,
Wrenbury, and Parmoor.

Workmen’s Compensation : Accidents Arising Out of and in
the Course of Employment.

J. Clayton (by his next friend) v. The Hardwick Colliery
Company Limited.—This was an appeal under the Work-
men’s Compensation Act. The facts are that the boy Clayton
was employed at respondents’ Holmwood Colliery as a belt
lad. It was his duty to stand by a moving belt carrying
coals, and to pick from amongst the coal as it passed him
bats and stones, and to throw them on to a tip. Other boys
were engaged in the same operation near Clayton. At the
head of the staircase leading to the stage where the boys worked
was a notice forbidding stone-throwing. Nevertheless, boys
sometimes threw stones for the purpose of attracting each
other’s attention. On November 27, 1913, while engaged in
picking stones from the belt, young Clayton was hit on the
left eye by a stone thrown by another boy, which caused such
serious injury that the eye had subsequently to be removed
by operation. A notice in writing of the injury and of claim
to compensation under the 1906 Act was given next day to
the respondent colliery company, and on January 17, 1914,
a request was filed by Clayton for arbitration under the Act.
The company, in their answer on February 21, submitted
that the missile was wilfully thrown at Clayton, and that
the injury was caused by the tortious act of his fellow work-
men. At the hearing of the arbitration at the Alfreton County
Court by his Honour Judge Macpherson, respondents further
contended that there was no evidence that the injury was
caused “ by accident arising out of and in the course of
Clayton’s employment.” However, Judge Macpherson held
that it was so caused, and awarded Clayton as compensation
the weekly sum of 7s. 6d. during the continuance of his
incapacity from work resulting from the injury. The respon-
dents appealed to the Court of Appeal, who unanimously
allowed the appeal with costs, on the ground that the accident
did not arise out of the employment of Clayton. Against
this judgment Clayton appealed to the House of Lords.

Lord Loreburn, giving judgment, said in this case that
House had no right to decide facts. They had no juris-
diction to do so. What they had to decide was whether
there was any evidence on which the county court judge
could act in reason. The facts here were not in dispute,
but it did not follow that the conclusion was a conclusion
of law. It was a conclusion on these instances of fact. The
county court judge said :• Having regard to the propensity
of boys to be mischievous, he thought the accident in
question arose out of the employment. The learned judges
of the Court of Appeal, in effect, said that they did not
agree with the view of the facts taken by the county court
judge. But that was not the point. The point was : Was
there any material on which the county court judge could
reasonably arrive at the conclusion he did? In his (Lord
Loreburn’s) opinion, it was merely a question of fact, and
there was some evidence which, coupled with the knowledge
they were all supposed to possess of boys, and of what men
and boys were—was sufficient for the learned county court
judge to come to the conclusion he did on the point of
fact of which he alone was the judge. The appeal suc-
ceeded, and the judgment of the Court of Appeal should be
reversed, and the finding of the county court judge restored,
with costs.

Lords Atkinson, Shaw, Wrenbury, and Parmoor con-
curred, and the appeal was allowed with costs, and judgment
entered accordingly.

HIGH COURT OF JUSTICE.
KING’S BENCH DIVISION.

December 20.

Before Mr. Justice Bailhache.

Mimimum Wage Dispute : Local Tribunal’s Authority.

A. Weeks and H. Jones v. The Newport-Abercarn Black
Vein Coal Company Limited.—The question in this case was
as to what tribunal should decide a dispute which had arisen
under the Minimum Wage Act, 1912. His lordship was
asked to determine whether, as the plaintiffs contended, it
should be determined by the trade tribunal set up by the Act,
or whether it was a matter that should be decided by the
county court or some similar authority, as defendants argued.
The plaintiffs were “ butties,” working together in a steam
coal crossing in the defendants’ pit, in an abnormal place.
In ordinary circumstances the wages were made up to the
minimum wage, but shortly before February 1914 the colliery
proprietors desired to make arrangements 'with the plaintiffs
and others that, instead of making up the minimum wage
automatically, there should be a shift ” allowance. But
the plaintiffs, finding that under this arrangement the
minimum wage was not reached, made a report to the colliery
proprietors. Weeks and Jones were working one shift, and a
man named Young and his boy were working in another. The
defendants said that Weeks and Jones and Young and the
boy should pool their earnings, and then divide them equally.
Plaintiffs denied that they were partners with Young and his
boy, and said that this was a matter that ought to be decided
by the domestic tribunal. The respondents’ case was that it
was a “ set ” or partnership between the four, and therefore
the plaintiffs did not come as individuals under the Minimum
Wage Act, and that it was a case that should come before
the county court for decision.

His lordship, in giving judgment, said although the amount
involved was a small one, the case was chiefly of importance
for the reason that any question that arose between masters
and workmen in these times was a question of importance.
One never knew whether friction altogether out of proportion
to the merits of the dispute would arise if the dispute was not
amicably settled, and it was for that reason that he had
listened to the facts and arguments on either side. He
expressed no opinion as to whether the money had been
divided rightly between the four people, or as to whether
the employers, when they paid one member of the set,
were discharged from all liability. He only decided that the
plaintiffs’ claim had failed, and that there must be judgment
for the defendants, with costs.

Notes from the Coal Fields.

[Local Correspondence.]

South Wales and Monmouthshire.

Oil v. Coal: Prof. Galloway's Views—Echo of National Coal
Strike—Resignation of Lord St. Aldwyn—New Coal
Owners' Secretary—Accidents and Colliery Custom.

An interesting and important interview with Prof.
Galloway has been published, arising out of the recent loss
of a coal order because the customers were substituting oil;
and the question as to the ultimate effect upon the Welsh
coal trade was discussed. Prof. Galloway was very
definite in his declaration, holding that oil cannot be a real
menace to the coal trade. First of all, the quantity of oil
available is not nearly sufficient to supply the world’s needs ;
for, in comparison with coal, the output is at present only
one-sixteenth of what would be required. About 800,000,000
tons of oil would be necessary to make an equivalent of the
quantity of coal now used, whereas there is only about
•51,000,000 tons of oil available; and, even as to this, a
very large proportion cannot be 'available for fuel because it
is required for burning as illuminant, also for lubricants, for
petrol, etc. The quantity of fuel oil imported to the United
Kingdom in 1914 was about 116,000 tons, or the equivalent
in fuel value of about 174,000 tons of coal. Only certain
consumers to whom price was a secondary consideration—
such as the Government and some of the big liner com-
panies—could use oil; but the relative cost was against oil,
for, Prof. Galloway stated, oil had been selling in the
United States from £2 to £2 10s. per ton crune, and taking
coal at 25s. a ton f.o.b. Liverpool, three tons would cost
£3 15s., -as against £5 for two tons of oil. The relative
cost of oil and coal had been described as in the proportion
of three to two; and in such a case, three tons of coal
could be got at £3 15s., as against £5 for two tons of oil.
He recognised the great advantage in certain circumstances
due to the fact that there is a great saving of cargo space;
also a saving in the wages of stokers. Further, that oil
could be packed in out-of-the-way parts of a ship, and used
in ballast, water replacing oil as the oil was consumed.
The main factor, howrever, was that a sufficient quantity
of oil could not be had. His conclusion was that the whole
of the South Wales steam-coal trade could never be super-
seded. There might be some inroads into it by purchasers
who could afford to pay the extra cost of oil; but, even in
that case, in direct proportion as the demand for oil increased,
so would its cost, especially as the oil is so largely in the
hands of rings.

The coal strike of 1914 has come up again in the form of
a demand from the Government auditor that the Merthyr
Board of Guardians should take effective action to recover
the sums which were at that time advanced by way of relief.
The district auditor (Mr. Propert) has written entering
strong protest against the methods of the Guardians. Heavy
loss had undoubtedly occurred to the Union, he pointed out;
and to exempt debtors on arbitrary grounds when there was
or might have been clear evidence of means or ability to
pay, had proper steps been taken at the right time, would
appear to make the Guardians personally liable for any
sums written off under the circumstances. The auditor
pointed out that since 1912 the times had been very pros-
perous—during the half-year ended September last “ wages
have reached the highest level on record.” The results of
the collection of repayment for relief granted in 1912
appeared to be ridiculous. Upwards of 1,800 debtors were
on the books in April 1912; and of 589 who had been
summoned, practically all of them colliery employees earning
good wages, only 25 had discharged their liabilities by
September 30, 1914.” The auditor further pointed out that
551 summonses had apparently become dormant or obsolete.
The outstanding balances were very large.

The Conciliation Board, at its meeting on Friday, had
two surprises, one in the resignation of the independent
chairman (Lord St. Aldwyn); and the other that of Mr. W.
Gascoyne Dalziel, secretary of the Coal Owners’ Association.
It will be remembered that the independent chairman desired
to relinquish his position about 12 months ago, but an view
of the approaching termination of the old agreement and the
difficult circumstances that would -arise, he complied with an
urgent request from both sides, 'and continued to act until
the present time. He has now communicated with the
Board, expressing his wish to retire; and it has to be borne
in mind that his lordship is in his 78th year, and that the
difficulty of the work to be undertaken would be enhanced
in future by the fact that there-is no equivalent -average
selling price to the wage minimum percentage.

The Board accepted the resignation with regret, recognis-
ing the high value of the services that had been rendered.
His lordship has had experience as Chancellor of the
Exchequer, President of the Board of Trade, and Secretary
for the Colonies; and is connected with both finance and
industry, being a director of the London Joint Stock Bank
and of the Central London Railway. He has acted as
independent chairman since 1904, when Lord Peel resigned,
and his decisions have been recognised throughout as
eminently fair, the highest confidence being felt in him
both by employers and men’s representatives.

Mr. W. Gascoyne Dalziel has served as secretary to the
Coal Owners’ Association since 1883, when he succeeded his
father, Mr. Alexander Dalziel, who had founded the associa-
tion in 1864. Mr. Gascoyne Dalziel was a mining engineer-
ing pupil under Lord Merthyr. He is a director of Locket’s
Merthyr Collieries, chairman of the South Wales Electrical
Distribution Company, and a member of the executive of the
Mining Association of Great Britain. Mr. Finlay Gibson,
who. has been the chief assistant to Mr. Dalziel for 25 years,
having been appointed secretary and deputy clerk in 1912.
has been appointed coal owners’ secretary in place of Mr.
Dalziel.

The staithmaster at Cardiff Docks (Mr. W. H. Rogers)
who has for 53 years been in the employ of the Bute under-
taking, for 33 years as staithmaster, has retired;’ and he
was entertained to dinner in Cardiff on Saturday evening.
Most of the executive officers in the coal shipping and coal
traffic departments of the company attended; and he was
presented with an illuminated address and diamond pin in
recognition of his impartial kindliness to all engaged with
him in the performance of duty. Mr. Rogers will be suc-
ceeded as staithmaster by Mr. W. J. Holloway, the traffic
superintendent.

Despite the very heavy enlistments that had already
taken place, the additional recruiting brought about under
Lord Derby’s scheme has been very successful in the South
Wales colliery districts.

At Bargoed last week, two colliers summoned a sub-
contractor for a day’s pay, they alleging that when they
presented themselves they were sent home on the ground
that they were late. They denied having sat down on the
road instead of proceeding to their work. The defence was
that they were 20 minutes late commencing work, and that
it was a frequent offence. Judgment was given for the
men, with costs.

An engine driver and pumpman who were sleeping at
their work, when there were over 500 men in the pit, were
fined 40s. at Tredegar last week.

The activity in the tin-plate trade, which has led to a large
increase in the market price, has compelled close attention
to the supply of raw material, the steel tin bars showing
serious shortage in supply. Although steel makers are doing
their best to meet the demands of the tin-platers, there is,
on the other hand, the demand by the Government and Allies
for steel in respect of munitions, and the circumstances
are very difficult for tin-plate manufacturers.

Mr. Evan Jones, Penmount, has purchased the Trimsaran
Estate. The estate includes two flourishing collieries. It
was purchased from the Trimsaran Company, which had a
capital of .£100,000. The collieries -are among the best
known in the anthracite field. There are several fine seams
in the taking, and it is understood that Mr. Jones intends
to develop these to the largest extent. The surface equip-
ment is most modern, the latest electrical machinery having
been installed. Mr. Jones is also the owner of the Crown
Collieries, and a director of the Rhos Colliery Company, the
Caerbryn Colliery Company, and the Carway Colliery
Company.

Mr. Lloyd George, in his notable speech on Monday
evening, paid a highly eulogistic tribute to Mr. D. A.
Thomas, of the Cambrian Combine, wTho has carried through
with conspicuous success so much work in America and
Canada for the British Government.

At the shareholders’ meeting of the Tirdonkin Collieries
Limited it was stated that the higher wages paid to the
miners since May had increased the pay by about .£200 a
week, or .£10,000 a year, whilst the cost of material gener-
ally had risen anything from 25 to 50 per cent., and in the
case of pit wood prices are more than double what they were
before the war. Mr. Daniels, the chairman, informed the
meeting that the new seam of coal which is being opened up
in the area lying to the west of the fault gives an excellent
steam coal, ranging from 5 ft. 6 in. to 5 ft. 9 in. thick.

The Tredegar Court decided on Tuesday summonses
against 49 workmen of the Markham Colliery, who were
charged with leaving their work without notice, and causing
damage to the amount of 25s. each. There had been a fata]
accident -at the colliery, and a funeral was fixed for
October 5. The chairman of the workmen’s committee went
to the manager and told him that some of the men desired
to have the colliery stopped at 1 o’clock in order that those
who wished to attend the funeral should have the oppor-
tunity. The manager, however, whilst willing to give
reasonable facilities, did not think it necessary to stop the
whole of the pit. On Wednesday, the pit, with 800 men,
was idle; and it was stated in evidence that only 38 men
attended the funeral, five of those being officials.—The
magistrates decided that there had been a breach of contract,
and assessed damages at 12s. 6d. per man with court fees.

Northumberland and Durham.

Newcastle Hospital: Colliers' Generosity—Coal Mines Act
Prosecution: Adequate Timber Supplies.

Messrs. Bowes and Partners Limited are stated to be
intending to instal 20 new by-product coke ovens at Marley
Hill at the beginning of next year.

Mr. Ernest Milburn, who was a mining engineer with
the Seaton Delav-al Coal Company, at New Hartley Colliery,
and emigrated to Australia before the outbreak of war, has
joined the Australian Light Horse, and is now in the Near
Eastern theatre of war.

Major Arnold Irwin, son of Mr. Charles Irwin, fitter to
the Cramlington Coal Company, has been made camp com-
mandant of the additional hutments now being erected in the
new area in France. Major Irwin is attached to the 5th
Northumberland Fusiliers (T.F.).

On the completion of 60 years’ service with the Stella
Coal Company, Mr. William Cuthbertson, under-manager at
Addison Colliery, has been presented by the officials and
workmen with a gold watch and chain, a gold-mounted
walking-stick, and a purse of gold, whilst Mrs. Cuthbertson
has received -a gold brooch and a gold-mounted umbrella.

Although the Seaham Harbour magistrates had some
doubt about the case of Abner Daglish and William
Armstrong, two putters employed at Dawdon Colliery, who
were charged with having attempted fraudulently to obtain
money by tampering with the tokens on their tubs, it was
obvious from the evidence that the defendants had been
working on a carefully arranged plan of pooling wages. The
defendants contended that they were sharing their wages,
and that the company was under no obligation to pay
Daglish the minimum. The magistrates dismissed the
case, but recommended that more attention should be given
to the question of pooling.

Considering its huge accumulation of funds—nearly half-
a-million pounds—it is surprising that the Northumberland
and Durham Miners’ Permanent Relief Fund should act in
so niggardly a fashion as is occasionally the case. Thos.
Jordan, an aged miner, had to apply to the Newcastle County
Court judge last week to enforce an award made by the
appeals committee of the fund to the effect that he was
entitled to 5s. weekly aged and infirm benefit as from
March 28 of last year, less 2|d. per week contribution to
the fund. It is not necessary to go into the merits of the
case. Suffice it to say that, according to the rules of the
fund, the decision of the appeals committee is final, and that
that view is emphasised by the Friendly Societies Act.
Judge Greenwell decided in favour of the miner.

When reference was made by Mr. Chas. Irwin, fitter to
the Cramlington Coal Company, at the quarterly meeting of
the governors of Newcastle Infirmary last week, to the
positively amazing support which the institution was receiv-
ing from workmen’s subscriptions, a miners’ delegate stated
that one reason why the miners’ contributions were so good,
despite the enlistments from collieries, was that, -in some
cases, the men who were left were keeping up the contribu-
tions of those who had gone. Mr. Alfred Fletcher, financial
secretary, stated that, at some collieries, contributions had
been doubled, although there was a total falling-off of about
£1,000 per annum in miners’ subscriptions. Mr. Straker,
of the Northumberland Miners’ Association, declared that,