374

THE COLLIERY GUARDIAN.

February 25, 1916.

be, probably, more difficult of solution than the cele-
brated “ battle of the gauges ” in the case of railways.

Mr. John Watson (Kilmarnock) wrote remarking that
the importance of standardising the methods of manu-
facturing all kinds of material required in large quan-
tities was too well known to be enlarged upon. It
appeared advisable, also, to have standard names, as
well as standard things, since confusion often resulted
from the present differences in names for the same
articles.

Mr. Wm. Smith (Dunaskin) stated that, in a case
which came under his notice, tubs holding 8 cwt. were
gradually replaced by others carrying 10 cwt. The men
continued to fill the same number of tubs, the output
was thus raised 25 per cent., and wage disputes were
considerably reduced. Managers who had been able to
adopt underground conveyors had had the importance of
the subject strongly impressed upon them. Tubs which
formerly seemed adequate were found, with a conveyor
at work, to be altogether inadequate, proving that,
where hand drawing was reduced to a minimum, one of
the principal factors against increasing the size of the
tub was removed. As to the track, it was certainly an
advantage to have the rails in exchangeable lengths,
as 18 ft., 9 ft., and 4|ft., but he considered that the
manager had already more than sufficient statutory
responsibility to have to run the risk of a prosecution
for a track over or under the gauge, as might happen
under the amending Act suggested by Mr. Gibson.

The President remarked that there was much in
common between Mr. Dean’s paper and that of Mr.
Gibson, and he suggested, that the discussion of the
two papers should proceed simultaneously at the next
meeting.

This course was agreed to.

Mr. Percy Widdas exhibited, described, and
demonstrated a “ Widdas ” patent incline chock.

A safety mine-cage arrester was exhibited, described
and demonstrated by Mr. Thos. Pearson.

LETTERS TO THE EDITORS.

The Editors are not responsible either for the statements
made, or the opinions expressed by correspondents.

All communications must be authenticated by the name and
address of the sender, whether for publication or not.
No notice can be taken of anonymous communications.

As replies to questions. are only given by way of published
answers to correspondents, and not by letter, stamped
addressed envelopes are not required to be sent.

INADEQUATE SUPPLIES OF FUEL.

Sirs,—The present condition of the above arises chiefly
from two causes, namely : (1) the diminution in output
at the collierieig caused by the shortage of labour; and
(2) the enormous amount of fuel of all kinds required
for munition work for war purposes.

We note that in view of the> difficulties experienced in
certain areas in securing adequate supplies of coal, the
Government are now about to appoint local committees
(connected with collieries) for the purpose of obtaining
these adequate supplies for their requirements. The
output of coal cannot be materially increased at present,
but the supply of quite satisfactory fuel can easily be
enormously increased, provided that proper means are
employed for the production of the same. .

In connection with many collieries and gas works
there are thousands of tons of small fine coal produced,
and also of coke breeze, which in their ordinary condition
are of comparatively little use or value, but which when
properly treated in suitable up-to-date machinery, can
be very,profitably converted into ovoid briquettes, which
can successfully compete with best qualities of coal for
boiler or domestic consumption.

Many colliery and gas companies are <aware of this,
and are now open and ready to commence this manu-
facture, and thus remedy, to some extent at any rate,
this present inadequate supply of fuel, provided only
that they could be confident of having their briquette
plants working in ianything like reasonable time. This
could easily be done if the Ministry of Munitions (who
are very largely the cause of this inadequate supply)
would assist by allowing briquette machinery to be
classed under “ munitions ” work. This they have so
far declined to do, notwithstanding repeated applications
from influential (interested parties. We fail to see the
wisdom of this, ias the Government already recognise
the difficulties in securing adequate supplies of coal,
which is largely caused by their own enormous demand
for their munition works. Arthur E. U. Yeadon.

(Yeadon 'Son and Company.)

Leeds, February 22, 1916.

GEOLOGICAL SPECIMENS WANTED.

Sirs,—For the purposes of scientific research and
academic teaching, I am endeavouring to get together
representative specimens of all kinds of occurrences in
the coal itself.

May I ask the hospitality of your columns to make a
general request to colliery owners and managers to send
to me, either as a gift to the university, or to be pur-
chased by us, any or all of the following phenomena
which may be present in their mines?

(a)	Small nodules or lumps of amber-like or resinous
substances embedded actually in the coal.

(b)	Impressions of “ ferns ” or other plants in the
actual layers of the coal (not those in the floors or roofs,
unless they are particularly handsome or rare).

(c)	Lumps or layers of “ brown coal ” in the ordinary
black coal seam.

(d)	Recognisable tree trunks or branches either partly
or completely turned to stone in the coal (not in the roof
or floor).

In conclusion, I may say that I shall always be glad
to examine and express an opinion on (if possible) any
“ queer ” occurrences in the coal which may interest or
puzzle managers or miners, in exchange for their
courtesy in this matter.	M. C. Stopes,

Lecturer in Palaeobotany.

Palaeobotanical Dept., University of London,

University College, Gower-street, W.C.,
February 23, 1916.

LAW INTELLIGENCE.

SUPREME COURT OF JUDICATURE.

COURT OF APPEAL.—February 18.

Before Lords Justices Swinfen Eady and Bankes.

Railway Wagons Repair : Detention Charges.

London and North-Western Railway Company v. G.
Duerden. — This was an appeal from an action originally
heard in the Blackburn County Court in January 1915,
brought by the railway company against Duerden, a coal
merchant, of Blackburn, for the recovery of .£1 10s. 6d., for
charges incurred for shunting and siding rent on defendant’s
wagons stopped for repairs at the company’s crippled wagon
sidings during transit. In accordance with their regulations,
‘the railway company make a charge of 6d. per wagon for
shunting such wagons into and out of a siding where they
can be repaired, and if not repaired by the owner within
three days a further charge of 6d. per wagon per day for
siding rent. The defendant contended that the accommoda-
tion and services were not “ provided or rendered by the com-
pany by desire of a trader ” within the meaning of part iv.
(exceptional class) of- the London and North-Western Rail-
way (Rates and Charges) Order Confirmation Act, 1891, and
that the county court judge had no jurisdiction, the proper
remedy (if any) being arbitration under the provisions of
section 5 of the schedule to the Act, inasmuch as there was a
difference between the parties. The county court judge
decided that he had no jurisdiction in the matter, and that
part iv. of the Act did not apply, as the accommodation was
not provided by the desire of the defendant, who, on the
contrary, objected to the charges. What the company did
was doubtless necessitated by public safety, and he there-
fore thought it unfortunate for the company and the public
that he had to give his decision. It appeared to him that
under section 5 of the schedule, the company could charge
over and above the tonnage rate for certain accommodation
and services rendered for the convenience of the trader, and
could charge a reasonable sum for detaining wagons out of
repair, but, as in the judge’s opinion a difference had arisen,
the matter must go to arbitration, and could not be deter-
mined by the county court. In the Divisional Court, Mr.
Justice A. T. Lawrence and Mr. Justice Atkin held that the
accommodation and services were rendered by the company
under the provisions of part iv. of the schedule to the Act at
the desire of the defendant, who, although protesting against
the charges, had taken the benefit of the services. Mr.
Justice A. T. Lawrence observed : “It is no good saying
you protest against it if you take the benefit of it, and you
must be judged by your acts, and not by your words, in such
a case as that.’’ The court accordingly held that the county
court judge had jurisdiction, and gave judgment for the
railway company, with costs.

The defendant appealed against this decision, and the
Court of Appeal, without hearing counsel for the railway
company, confirmed the decision of the Divisional Court, and
dismissed the appeal with costs.

Lord Justice Swinfen Eady, in giving judgment, after
pointing out that the accommodation and services were not
rendered “ before or after conveyance ” within the meaning
of section 5-of the schedule to the Rates and Charges Order,
but in the middle of the conveyance, and were not provided
for otherwise than by part iv. of the schedule, observed : “ He
(the defendant) has not protested against the services being
rendered, or objected to their being rendered; on the contrary,
he has fully availed himself of the services; all that he has
objected to is to pay.”

Lord Justice Bankes added that under the provisions of
the Railways Clauses Consolidation Act, 1845, a trader who
places on the railway a wagon which is unfit for use, or if
a wagon belonging to him, when on the railway, should
become unfit for use, may render himself, if he does not
remove it, liable to be fined, and the railway company may
then remove it, or may call upon him to do it, which is a
practical impossibility, and that it is to meet difficulties of
that sort that provisions have been made from time to time,
including those contained in part iv. of the schedule.

RAILWAY AND CANAL COMMISSION.
February 21.

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

The Validity of Increased Railway Rates.

Associated Portland Cement Manufacturers Limited and
Others v. Great Northern Railway.—Reserved judgment was
delivered in this case, the hearing of which commenced in
November last, in which application was made to compel the
railway company to justify <an increase in its rates charged
for goods carried. The complaint of the increase was made
under the Railway and Canal Traffic Act of 1894, which
threw upon the railway company the obligation to justify its
increased rates if they were challenged. Defendants con-
tended that the increase in question was part of a general
increase of rates made in July 1913, in order to meet
increased working costs due to improved conditions of
employment on the railway. The improved conditions of
employment resulted from an advance of wages to employees,
and a ishortening of hours following the extensive strike of
railway employees in 1911. The situation brought about
by the strike was a serious one, and the Government inter-
vened, putting strong pressure on both sides. The railway
companies pointed out’ that they could not make any further
concessions to the employees beyond those provided for in
the agreement of 1907, unless the companies were com-
pensated by an increase in the rates. The Government
accordingly undertook to promote legislation to enable the
companies to recoup themselves. A Royal Commission
reported on the questions at issue, and ultimately a scheme

was agreed upon in December 1911, under which the annual
cost of the concessions by the Great Northern Railway
Company, an respect ■ of wages and hours, amounted to
£118,588, exclusive of the cost of concessions to the
employees dealing with passenger traffic. Defendants sub-
mitted that they had applied the Act of 1913 reasonably and
with a minimum of disturbance to traders. The increase of
4 per cent, made in July 1913 was upon the “ exceptional ”
rates, and not upon the “ class ” rates. After the Act was
passed in Parliament, the railway companies had
to take a general survey of the position, and after a com-
parison of estimates, they found that 4 per cent, on the goods
receipts would represent as nearly as they could tell the
average extra outlay of the companies. Three representa-
tive days in separate weeks were selected by the companies
for the test. Four per cent, on such coal rates as could
be raised and on goods rates was as nearly as possible
equivalent to the annual cost of the improvement in the
conditions of the staff dealing with the traffic. The railway
company pointed out that it was bearing the loss of revenue
resulting from their restraining from increasing the coal
rates.

For the applicants, it was contended that by the Act of
1913 the railway companies received a benefit in that they
had only to prove increase in wages and could disregard the
price of coal and all other factors of cost of working ; and
also they were benefited by the fact that once they had
proved the necsesary facts the Court had no option but
must declare the rate justified. It was submitted that there
had not been an increase in wages within the ^meaning of
the Act of 1913.

In his judgment, Mr. Justice Lush said the Railway and
Canal Traffic Act was passed in 1913 to enable the railway
companies to recoup themselves for extra expense and cost
of running following the granting of additional payments to
workmen, and shorter hours, after the railway strike of
August 1911. The question that had arisen was whether
the extra rates charged and their allocation to particular
traders was reasonable. It was stated that the yearly
increase of the cost of running on the Great Northern Rail-
way due to improved labour conditions was £118,588, and of
that £66,000 had been raised by increased carriage rates
charged to exceptional trades, of which the applicants’ was
one. After dealing carefully with the Act, he came to the
conclusion that the increased rate and its allocation was
perfectly reasonable, and the case of the applicants failed.
There would be judgment for the respondent on the claim,
and on the counter-claim for unpaid rates, with costs.

The Hon. A. E. Gathorne Hardy concurred, but Sir James
Woodhouse dissented.

LABOUR AND WAGES.

South Wales and Monmouthshire.

The Federation executive met on Tuesday to prepare their
case for increase of wages, which they will submit to the
independent chairman. The arguments at the Conciliation
Board last week with reference to the employers’ demand
of 3| per cent, reduction of wages, as against the workmen’s
demand of 5 per cent, increase, were prolonged and complex.
Special difficulties stand in the way of arriving at decision
owing to the peculiar circumstances of the coal trade at the
present time. Although the price of coal has advanced, the
joint audit (which now is taken by agreement) showed, an
actual decline in price as compared with the previous three
months; and the reason for this is that large quantities of
last year’s contracts have not been delivered, and that the
British Government is supplying its Allies with coal. Conse-
quently, the market quotation of the day is no real guide to
the actual return made upon the greater part of the colliery
output.

The Blaenavon workmen have decided to accept the offer
of 2i per cent, to piece workers on account of the substitution
of electric lamps for the lights previously in use, but have
attached to it a proviso that the existing .arrangements for
payment for defective lamps be continued. Consequently
their decision is considered to be practically a rejection of
the offer.

The South Wales Conciliation Board met on Monday, and
dealt with matters of unusual importance. Once more the
question of the Sunday-night shift came up, the decision in
the Albion Colliery case having made it acute. Should that
shift be one of six hours only; or, put differently, are the
men entitled to be paid overtime if they work eight hours?
The Pontypridd magistrate decided against the Albion men,
where six hours was claimed on the ground of old custom;
and it was urged on their behalf that the agreement of last
year retained the custom. Other collieries are affected, and
the Federation is making strenuous resistance to the eight
hour Sunday shift, requiring payment at a turn and a-half.
The employers maintain that eight hours is the proper term of
the shift, and point to the magisterial decision in their
favour. No agreement was reached on Monday.

Another difficulty was the .claim of a bonus turn to ostlers,
about 1,500 in number, who work half shift, which entails
upon them—so the men’s representatives contend—more
inconvenience than one full shift. This matter has been
fully debated by a joint sub-committee, and an offer to pay
half a turn has been made. Beyond this the employers
would not go.

There was a demand from surfacemen for higher pay, and
a peculiar condition of things was revealed, the Federation
claiming for enginemen and craftsmen in its ranks higher
rates than the employers have agreed to pay the members
of the Enginemen’s and Stokers’ Association. Upon the
ground that the rates had been settled so recently as last
year, the employers declined to re-open the question.

The prolonged stoppage .of Gelli Colliery was again dis-
cussed, reference being made to the refusal of the men
to adhere to terms agreed upon by the joint committee in
August 1914; and it is now suggested that two representa-
tives from each side shall endeavour to get the terms
accepted, so that work may be resumed. This dispute is
now in its sixth year.

Scotland.

At a meeting of the executive of the National Union of
Scottish Mine Workers, it was reported that considerable
uncertainty existed as to the position of miners under the
Military Service Act. It was decided to issue a circular,
pointing out what the position was, and letting it be known
that all underground workers were exempted men; that
employers would be expected to fill in forms with the names
of all underground workers, and claim exemption for them;
and that to some extent this would also apply to certain
workers about the surface of the mines.

At the same meeting a letter was read from the secretary
of the Leadhills miners, pointing out that a new situation had