330

THE COLLIERY GUARDIAN.

February 18, 1916.

The Midlands.

Shaft Sinking Prosecution.

Proceedings were taken at West Bromwich, on Monday,
arising out of the colliery disaster on September 28, when
two Dudley men lost their lives. Thomas Marsh, the owner
of Trindle Villa, Trindle-road, Dudley, was summoned for
breaches of the Coal Mines Regulation Act.—Mr. J. Underill,
who prosecuted, said the first summons was for not sinking
boreholes when the Piercey Colliery, of which defendant
was the owner, was approaching a place containing or likely
to contain an accumulation of water, and the second sum-'
mons was for failing to keep at the office of the colliery an
accurate plan of the workings. He then referred to the
details of the working of an old pit in February 1914. At
the bottom, certain headways were driven, and a plan was
made showing 'those workings. From some cause or other
these workings were abandoned in September 1914, but
in the following May defendant commenced to sink another
shaft. He himself arranged where this shaft should be
fixed, but if he had had a plan, he would not have selected
the spot he did. The first 40 or 50 yds. of sinking were
practically dry, but on the day before the accident the
engine was kept working continuously drawing water. On
Monday, September 26, sinkers went down the pit as usual,
and at that time the shaft was within five or six yards of
the same depth as the old pit. Suddenly, something was
found to be wrong, and an investigation showed that there
was water in the new shaft, and that it was rising rapidly.
Two men who were working in the shaft lost their lives.
Steps were taken to clear the shaft, and the first body was
recovered in October, but the second was not recovered until
December 15. It was found that the new shaft had been
sunk upon the workings of the old pit, and when it
approached within five or six yards the bottom of the
shaft gave way.—Counsel for the defendant pleaded guilty
to both summones. There was some question whether
Williams, the man who had the contract for sinking the
shaft, was not really liable, but defendant did not desire to
throw the responsibility on anyone else. Although there
was no plan of the workings at the office, there was a tracing
which might perhaps be an answer to the second charge.
Although it was no mitigation, yet it was a fact that the
recovery of the bodies of the two victims of the ‘accident
had cost Mr. Marsh £800.—The Stipendiary (Mr. N. C. A.
Neville) said the offences were very serious ones, and it was
necessary to impose a heavy penalty to show other people
that the regulations must be observed. Defendant would be
fined £10 and £7 14s. special costs in the first case, and
£5 in the second.

Kent.

The Neto Directors of the East Kent Colliery Company.

At the meeting of the East Kent Colliery Company for the
purpose of electing the new board of directors (following on
the re-organisation scheme), the following gentlemen are to
be nominated : Prof. Galloway, Messrs. J. J. Clark, Walter
Moens, Arthur Wells, and George Thomas. Prof. Galloway
has been connected with the colliery undertaking since the
first day that sinking at Tilmanstone was commenced, and
has devoted much valuable service to the concern. Mr. Clark
is the chairman of the Snowdown Colliery Company, whose
pits are in the same area. Mr. Moens has been closely con-
nected with Mr. John Dewrance in the re-organisation of the
Kent Coal 'Concessions group of companies. Mr. Wells and
Mr. Thomas did excellent work in connection with the
Tilmanstone Colliery when it had got very much under a
cloud, and was in the receiver’s hands. They also raised
the funds necessary to keep the pumping going at that colliery
during the couple of months that the fate of the colliery was
in the balance. All the gentlemen named have considerable
holdings in the colliery company. For the two other director-
ships, it is suggested that Scottish shareholders, who are
financially interested to a large extent in the colliery, should
have the opportunity of nominating a representative, and it
is hoped also to get a practical colliery owner on the board.

At the deep sinking at 'Snowdown Colliery, No. 2 pit,
bricking was in progress last week, and the shaft having
now been bricked to the 2,156 ft. already sunk, the sinkers
have again resumed their work of taking the shaft down.
The Snowdown Hard seam should be reached by this shaft
within the next few days, under normal conditions, and the
connection between the two pits will then be commenced.

Forest of Dean.

Iron Ore Developments.

The Ebbw Vale Steel, Iron, and Coal Company, two years
ago purchased certain areas of iron ore in the Bream district,
in West Dean township of the Forest of Dean, and are
quietly working developing it. The working plan devised
for going down to the ironstone vein is by means of a level
which has now been driven to a length of nearly a mile.
The firm have installed up-to-date machinery, and there
is reason to hope for an early return for the large capital
outlay already expended there.

There is, too, in the same quarter, a North Country firm,
who, not long ago, purchased Fryars level, a working with
a considerable area of undeveloped mine of excellent quality,
and who, having driven down to the ore bearing strata,
are hopeful of an early return for their enterprising
expenditure of considerable capital.

Scotland.

Removal of Checkweigher—Prosecutions under the Coal
Mines Act.

The operations begun in the autumn of 1914 by the Earl
of Wemyss to clear many acres of fir plantation for a mile
and a half stretch along the shore road west of Longniddry
for the laying out of a golf course, are proceeding. A large
quantity of the Scots fir available has been acquired by the
Edinburgh Collieries Company Limited and the Niddrie and
Benhar Coal Company Limited for fise as pit props.

In Edinburgh Sheriff Court on Monday, Sheriff Orr gave
judgment in the case in which the Niddrie and Benhar Coal
Company Limited presented a petition craving the removal
under the Coal Mines Regulation Act of 1887 of Henry
Byers, checkweighman, at present employed at Woolmet Bit,
on the grounds that he had impeded the working of the
mine, and interfered with the management and the working
of the mine, and had to the detriment of the petitioners done
acts beyond taking a correct note of the weight of the mineral.
The complaint alleged that when, on December 17, the
management posted up a notice stating that all the pits
would be open for work on the following day, Byers posted
up a notice addressed “ to the miners and other federated
workers in the Woolmet Colliery,” and stating that the
reports that the mine would work the following day were
pntrue until agreed upon at a meeting of the men. As a

consequence of Byers’ notice, one-half of the men, it was
alleged, did not turn up for duty the following day, the
output was largely decreased, and the petitioners suffered
heavy loss. Sheriff-Substitute Orr, in giving judgment, said
that out of 300 men only 190 went out on the Saturday, and
the loss of output was 200 tons. It was Byers’ notice which
deterred the most of the absentees from turning out. The
loss of money had been about £50, and a steamer which was
then loading at Leith with coal from the pit for France was
detained until the Monday. It had been proved, in his
opinion, that Byers, by his actions, impeded or interrupted
the workings of the mine, and that he had acted beyond his
statutory duties and authority, and thus caused the com-
plainers very considerable loss. What he did he did
deliberately. His action was an interference not in regard
to some small matter. On the contrary, it affected prejudi-
cially the working of the whole pit. It involved a large
number of workmen in the mine, and that at a time and
under circumstances when more serious detriment was likely
to be caused to the owners than in ordinary times, and he
held that there was sufficient ground to justify the removal
of Byers. He therefore granted the petition.

In the Hamilton Sheriff Court, on the 9th inst., James
Lowe, colliery manager, No. 3 Loganlea pit, Garfin Colliery,
of the United Collieries Limited, was charged with having
between September 21 and October 1 :—(1) Failed to appoint
in writing a sufficient proportion of horsekeepers ; (2) failed
to provide and keep ready and available a sufficient supply
of stable medicines, ointments, and dressings; and (3) failed
to exercise sufficient supervision over the horsekeepers,
drivers, and other persons employed in the mine, whereby
five ponies were allowed to be worked in an unfit condition.
It was explained on behalf of the respondent, who admitted
the offence, that the lack of personal supervision had arisen
through abnormal times, as it was most difficult to get men
to do the work. The Fiscal stated that since the contra-
vention was discovered the company had appointed a second
horsekeeper. A fine of £3 with the option of 14 days’
imprisonment was imposed.—James Gray, 42, High-street,
Newarthill, horsekeeper in the pit, was also fined £3 or
14 days’ imprisonment for allowing the ponies to be worked
in an unfit condition, and knowingly making in the reports
and entries false statements with regard to the condition of
the ponies.

In Hamilton Sheriff Court on Wednesday of last week,
Sheriff Shennan commenced the hearing of evidence in the
complaint brought against James Dalgleish and Alexander
Foster. The complaint sets forth that Dalgleish, being
manager, and Foster, acting manager in his temporary
absence, of No. 2 pit, Gateside Colliery, Cambuslang, of the
Flemington Coal Company Limited, on September 9 and 10
(1) in the G section’in the Splint and Virgin coal'seams, failed
to produce an adequate amount of ventilation to dilute and
render harmless the inflammable gases, so that the levels and
workings in the section should be in a state for working and
passing therein, and allowed the air at and near the work-
ing face to contain a percentage of oxygen varying from 18-69
to 18-79 per cent., and 1-35 per cent, of carbon dioxide; (2)
in the Splint and Virgin coal seams, which were opened
before the commencement of the Coal Mines Act, 1912, failed
to provide a main intake airway of such a size, and to main-
tain it in such a condition as to afford a ready means of
ingress and egress from the workings, in so far as it was, at
a part 150 yds. or thereby from the pit bottom, only from
1 ft. 6 in. to 1 ft. 10 in. in height, and only from 2 ft. 4 in.
to 3 ft. in width, and near its junction with the dook haulage
road was, for 100 ft., covered with soft mud and water to a
height of 1 ft. ; (3) in the Splint and Virgin seams, in the
main return airway, failed to have the roof made secure, in
so far as part of it had no supports, and allowed persons to
travel in the airway while it was in this condition ; and (4)
failed to put up a notice specifying the manner in which the
supports of the roof and sides were to be set and advanced,
and the maximum intervals to be observed on the roadways
between the supports in the Virgin and Humph seams and
the dook splinting section in the Splint coal seam, and the
maximum intervals to be observed between the chocks at the
face. Foster was also further charged with having, on
September 10, in the main' dook haulage road in the Splint
and Virgin seams, failed to have the main dook haulage road
of sufficient dimensions in height to allow of the ponies
employed there passing without rubbing against the roof,
bars, and props supporting the roof. Accused pled not
guilty, and were defended. The hearing occupied three days,
and evidence was given by the company’s officials, the Local
Government inspectors, and several mining experts. Sheriff
Shennan indicated that he would give his decision later.

Sheriff Shennan, Hamilton, has now issued his decision
in the charges of alleged contravention of the Coal Mines
Act, brought against Robert Hutchison, fireman, Cambus-
lang, and Andrew Shaw, fireman, High Blantyre, which
were reported in this column in last week’s issue. His
lordship in deciding the case against Hutchison, said that
the first charge was for a contravention of General Regula-
tion 28, and the charge was that he negligently 'and wilfully
directed -and allowed certain workmen to clear and redd a
fall from a cable while the current was on the cable. The
main facts, said the Sheriff, were not seriously in dispute.
It was clear that the respondent did not wilfully endanger
the men’s lives. The case was really one of criminal
negligence, and raised a jury question. The road where the
fall occurred was 'about ten, or perhaps .eleven feet wide. The
fall made a gap of about 4 ft. in extent across the whole
width of the road, i.e., a gap of lift, by 4ft. The debris
was soft blaes and fireclay, crumbling material, described by
the manager 'as almost like running sand, and it was piled
up on the road. The electric cable ran along one side. The
parts of the cable left exposed at each end of the fall were,
on examination, found to be undamaged. The cable was
used for carrying current to a coal-cutting machine, and,
if no danger was entailed, it was important to keep the coal
cutter working in order to provide work for the day shift
men of the following day. Accordingly the fireman applied
his mind to the question, and reached a reasonable decision
in allowing the current to remain on. The evidence showed
that the same course was frequently followed, and led to no
mishap if ordinary caution was observed. He (the Sheriff)
thought it would be unreasonable to hold that whenever a
cable was brought down by a fall it must be made dead until
the fall was repaired. It was always a question of circum-
stances, and notwithstanding the unfortunate accident, he
was of the opinion that Hutchison exercised his judgment
fairly and reasonably in the situation which he found. The
second charge was for contravention of section 65 of the
Coal Mines Act, 1911, which dealt with inspections during
shifts. The section was not very happily expressed, but
he interpreted it as incorporating the directions as to
inspection contained in section 64. The respondent is

charged with having failed to enter in the report of his
inspection (a) the fact that the fall had occurred; (5) the
defects in the roof caused by the fall; and (c) the source
of danger to the workmen engaged in redding the fall owing
to the live cable. So far as reporting the fact of the fall
was concerned, this would come under the heading “ genera]
safety.” He saw no reason for holding that this fall affected
the general safety of the mine. Falls were of constant
occurrence, ‘and varied widely in extent. No, doubt some
might affect the general safety, but in the ordinary case
they did not. He thought.the respondent failed to comply
with the statutory requirements in regard to the state of
the roof where the fall took place. When he made his
second inspection the roof was in -a defective state.
Defendant ought to have mentioned that the roof was defec-
tive at the place where the fall occurred, and he was thus
in breach of the Statute. This omission was due solely to
Hutchison’s misunderstanding of his duty in the matter.
There was no- desire to conceal or mislead. Accordingly,
while he must convict him of a contravention in this respect,
in the circumstances he would dismiss him with an
admonition. In Shaw’s case, Sheriff Shennan found that
none of the charges libelled had been proved.

LABOUR AND WAGES.

South Wales and Monmouthshire.

Notification has been received, both by the coal owners
and the Miners’ Federation, that Judge A. O’Connor has
been appointed by the Board of Trade in the place of Sir
Laurence Gomme to preside at an enquiry into the wage
rates in ’the anthracite district, and especially the alleged
“ lost 5 per cent.” It has to be borne in mind that the
present agreement wTas accepted by the men of the anthracite
district only on condition that such an enquiry was instituted.
Sir Laurence Gomme was at first appointed, but was obliged
to resign owing to a breakdown in health.

The Conciliation Board for South Wales met in Cardiff on
Wednesday to deal with the question of the wage rate, there
being applications from both sides. The employers sought
a reduction of 3J, whilst the workmen desired an increase
of 5 per cent. At present the wage rate is 25-83 above the
new standard of 1915, or 88| above the old standard of 1879.
The owners seek a reduction both on account of lower selling
price and of reduction in the volume of trade ; whilst the
workmen claim an advance on the ground that the present
wage rate is not commensurate with the increase in prices,
and also that alterations in the general wage rate since the
operation of the new agreement have been pending a proper
interpretation of the terms of that agreement. It was found
impracticable to reach agreement, and the issue will there-
fore be submitted to the independent chairman (Lord Muir
Mackenzie).

The difficulty of Lord Mackenzie in his duty as the newly-
appointed independent chairman will be enormously intensi-
fied because he will not have the guidance which Lord St.
Aldwyn had in the fixed equivalent to selling price.
Originally, 8f per cent, on the old standard was reckoned
equivalent to Is. in the selling price; and this operated
during the period of the sliding scale; being also regarded
to a certain extent as a basis of calculation later on. It has
been proposed by the workmen that the equivalent to the
present minimum wage which is 15 per cent, on the new
standard, or 65 per cent, on the old standard, should be
15s. 6d. per ton; but the coal owners did not accept that
proposal; and under the agreement which has been arrived
at after intervention of the Government last year, it has
been left for the independent chairman himself to decide
what shall be a fair equivalent. Of course, the selling
price is not the only determining point in regard to altera-
tions in the rate of wages, for it has been insisted upon
(from the workmen’s side) that the volume of trade, and
(from the owners’ side) that increases in cost of production
due to higher prices of material and also the effect of legislation
should also be taken into account. One estimate of decisions
recently given in respect of changes in wage rate puts it
that Lord St. Aldwyn in his wTage awards apparently had in
mind that 9-3 per cent, on the old standard was an equivalent
of Is. change in the price of coal.

Anthracite miners held their monthly meeting in Swansea
on Saturday. A resolution was submitted that surface
craftsmen must join the Federation, whatever other union
they belong to. Ultimately the matter was referred to
the executive.

The Western Miners’ Association on Saturday gave per-
mission to the Broad Oak men to tender notices on the
non-unionist question. The delegates present also considered
the out-of-work provision, 'and decided to co-operate with
other sections in extending its operation to conditions arising
out of bad trade.

The strike at Copper pit, Morriston, has ended, and the
300 men affected have returned to work. The question as
to ripping was referred to arbitration ; 'another difficulty was
as to conversion of old rates into terms of the 1915 agree-
ment; also as to men on the minimum, and arrears to
surfacemen.

Miners in the Dowlais district gave a fortnight’s notice
on Monday, in protest against non-unionists. The men
desire also to ensure payment at time and a-half for Sunday-
night shifts. .

At Merthyr, on Sunday, a mass meeting of miners decided
that next Monday notices should be handed in at Cyfarthfa
and Plymouth collieries, there being hundreds of non-
unionists, as well as Federationists who were in arrear with
contributions. The agent urged all present to do their
utmost in getting these into “ compliance,” pointing out the
seriousness of tendering notices at the present time.
Penallta workmen withdrew their notices, the result of
“ show cards ” being satisfactory.

The difficulty which has arisen as to the Sunday night
shift is still being discussed most earnestly in every direction,
and from the employers’ side insistence is made upon the
wording of the agreement arrived at with the President of the
Board of Trade. This is specific, and reads : 11 Where Sunday
night shifts are worked they shall be eight-hours shifts. In
cases where it is now the practice to work less than eight
hours, that practice shall continue.” It. is urged that
inasmuch as the clause forms part of the agreement there is
no real reason why the present outcry should be raised.

Blaenavon miners, who have been in controversy with the
management upon the payments in respect of substituting
electric for naked lights, were advised by their leaders to
accept 2J per cent, increase of wages as a settlement. But
the delegates’ meeting was evenly divided in opinion, and,
as the chairman would not give a casting vote, an adjourn-
ment was decided on.

At the Avon Valley monthly meeting, it was decided to
ask the Federation executive to take steps for bringing