414

THE COLLIERY GUARDIAN.

September 1, 1916.

THE GERMAN COAL AND IRON
TRADES.

We give below further extracts from German
periodicals that have reached us, showing the course of
the coal and iron trades in Germany :—

German Pig Iron Output in July.

The Iron and Steel Manufacturers’ Association reports
that the total output of pig iron in the German Customs
Union in July was 1,134,306 tons, as compared with
1,081,507 tons, in June, or 36,590 tons (36,050 tons) per
working day. Of this total, 174,782 tons (176,222 tons)
were foundry pig, 12,612 tons (14,650 tons) Bessemer
pig, 723,754 tons (692,140 tons) basic pig, 206,183 tons
(181,245 tons) steel iron and spiegeleisen, and 16,975
tons. (17,250 tons) puddling pig; Rhenish Westphalia
produced 483,349 tons (463,879 tons); Siegerland,
Wetzlar and Hesse-Nassau, 71,971 tons (70,556 tons);
Silesia, 66,280 tons (63,000 tons); North Germany,
21,388 tons (20,030 tons); Mid-Germany, 33,396 tons
(31,038 tons); South Germany and Thuringia, 23,208
tons (20,858 tons); the Saar district, 88,660 tons (79,689
tons): Lothringen, 178,313 tons (169,306 tons); and
Luxemburg, 167,741 tons (163,151 tons).

Fuel Traffic on the Rhine-Herne Canal in July.

The total shipments for the month of July amounted
to 389,467 tons (214,679 tons in July 1915), of which
48,772 tons (23,177 tons) were from Arenberg-Prosper;
59,879 tons (42,267 tons) from the State Collieries);
47,715 tons (28,030 tons) from Bismarck; 14,483 tons
(12,600 tons) from Concordia; 1,400 tons (1,825 tons)
from Dortmund: 15,818 tons (15,699 tons) from
Emscher-Lippe; 8,460 tons (2,180 tons) from Hibernia;
19,488 tons (7,958 tons) from Konig-Neuessen; 18,864
tons (10,965 tons) from Konig Ludwig; 10,102 tons
(6,851 tons) from Konig Wilhelm; 34,018 tons (30,166
tons) from Mathias Stinnes: 1,118 tons (1,669 tons)
from Minister Achenbach; 5,124 tons (3,169 tons) from
Nordstern; 14,605 tons (nil) from Unser Fritz; 1,430
tons (2,886 tons) from Victor; and 88,191 tons (25,287
tons) from Wanne-West.

SOME RECENT DECISIONS UNDER THE

WORKMEN’S COMPENSATION ACT.

[Specially Contributed.]

The Scope of Employment.

When a workman meets with an accident through dis-
regarding orders, the question at once arises whether the
accident can be said to have arisen out of and in the course
of the employment.—At Durham, in a recent claim, the
county court judge was called upon to reconcile some con-
flicting evidence as to instructions. Compensation was
claimed by the widow of a workman who was killed while
in the employment of the Lambton and Hetton Colliery
Company, and the question was whether the man was sent
to the right of the gateway, but went to the left instead.
One of the witnesses, a filler, said that the deputy ordered
deceased and himself to hew at the face and to go to the
right flat and the right hand gateway. The side of the gate-
way was not mentioned, and they were not told to go to the
right hand side, where it would have been impossible for
both to work. They hewed up and down the face, to level it
for the machine. Deceased was killed through a fall of coal.
Witness said there were ten fillers, eight of whom were
wanted, deceased and himself being sent to hew. Corrobo-
rative evidence was given by other fillers. For the company
the deputy stated that he entered the gateway at 3.30 a.m.,
when it was all right. The left was timbered, and there
was no bottom coal. Ten fillers came down, and the deputy
ordered deceased and another to hew at the right side, so as
to get the road cleared for the coal cutter.

Counsel for the company submitted that if the deputy
merely told the workman to work in the right gateway and
gave no specific directions to work to the right or to the
left of the road, then the workman would be within the scope
of his employment when working to the left, but if sent to
the right and he then went to the left he was outside the
sphere of his employment. Counsel submitted that the two
men were told by the deputy to work on the right hand side
of the place. It was admitted that they knew they were to
prepare the way for the coal cutter, that there was room
for the coal cutter to pass on the left side, that on the right
side there was no room, and that it was the right side that
required clearing to enable the cutter to get along. Counsel
disputed the statement that there was not enough room for
two men to work on the right side, contending that if it had
been the case the two men should have returned for further
instructions. On the contrary, the deceased man went to
the left hand side to get bottom coal, but, according to the
deputy, there was no such coal, and deceased was under-
cutting, an obviously dangerous thing, as the roof timbering
was notched into the coal, and if the coal came down the
timber would be carried away and the roof might be brought
down if there was any fault in it. Counsel went on to
contend that the very fact that the roof fell as it did showed
that the workman was cutting underneath the coal and not
merely working at bottom coal which was not supporting the
roof. The case for the employers was that the man was
working at coal supporting the roof, and therefore doing a
thing that was forbidden and outside his duties ; on the right
side only was it necessary to clear the coal away for the
cutter.

The county court judge was of opinion that the deputy had
made a mistake. No doubt the deputy intended that the
men should go to the right hand side, but his Honour was
of opinion that the order was not given in such a way as to
confine the men to a particular spot, but in a way that left
them under the impression that they could go practically
where they liked so long as they cleared the side for the
coal cutter. His Honour therefore found that the accident
arose out of and in the course of the employment, and made
an award accordingly.

When Employment Begins.

In deciding whether an accident arose out of and. in the
course of employment a frequent difficulty is to say whether
the workman was on his employer's premises. The diffi-
culty is one that often occurs in connection with colliery
cases. In a claim at Durham against the Weardale Steel

and Coke Company, it appeared that the company had two
collieries, one at Wheatley Hill and the other at Thornley,
about 2,000 yds. apart, and connected by a wagonway
belonging to the company. There was some discussion as to
whether the whole of this railway was the property of the
colliery company or whether part of it belonged to a railway
company, but the county court judge was satisfied that the
company owned the whole of it. The workman, a platelayer,
lived at Thornley, but worked at the Wheatley Hill Colliery,
which he could reach in one of two ways—by road, a dis-
tance of 2,300 yds., or by a footpath along the wagonway.
He was accustomed to take the latter route, which was
300 yds. shorter than the other. One morning in November
he had to be at the colliery time office by a certain hour on a
dark and frosty morning to get his time-board, but when
about three-quarters of a mile from the office he slipped and
injured his back.

The case for the employers was that the footpath on which
the accident happened was a public right-of-way, that the
workman had not reached his place of employment or com-
menced work, and, therefore, that the accident did not
arise out of and in the course of the employment. For the
workman, it was contended that there were notice boards
showing the footpath to be not a public right-of-way, and
that in any case he was on the company’s land. The county
court judge was satisfied, on the evidence, that there was a
public right-of-way, and that the notice boards referred to a
slag heap. The mere fact that the workman was on his
employers’ land did not make the accident one arising out
of and in the course of the employment. Seeing that the
man lived more than 2,000 yds. from the colliery where he
had to get his time-board, that his work did not begin until
he got his board, and that he was at least three-quarters of
a mile away from the office where he had to get his board
before he could begin work, the judge was of opinion that the
accident did not arise out of or in the course of the employ-
ment.

MINING INDUSTRY AND MILITARY
SERVICE.

The Leeds military service tribunal has granted three
months’ exemption, with leave to renew the appeal, to an
electrical and mechanical engineer who showed that 90 per
cent, of his work relates to the repair of rotary coal-cutting
machines.

The Bury (Lancs.) tribunal last week granted conditional
exemption to a coal dealer aged 28 and married.

At New Mills last week, Mr. Thomas Lockwood, coal
merchant, appealed for E. Mellor, his depot manager, and
exemption was granted conditional on Mr. Mellor training
with the V.T.C.

Some time ago the Ashington Coal Company Limited
appealed to the Blyth tribunal for the exemption of its two
assistant staithsmen. It was decided that one of the two
must join up. One did present himself, but was rejected on
medical grounds. Last week the company made a renewed
appeal for the other on the ground that it was still necessary
that there should be two assistants, in view of the great
amount of work of national importance they were doing.
Four months’ conditional exemption was granted.

Appealing at the appeal tribunal, Chester, for his chauffeur,
aged 36 and married, Sir Harmood Banner referred to his
interests in various important works and collieries doing
Government work, and said he could not look after these
unless he had a competent driver, because his house was
most awkwardly situated for railway facilities. Two of his
chauffeurs had gone into the Army, and the man now appealed
for was allowed to drive a Red Cross car (lent by appellant)
when required. Efforts to get a discharged soldier to replace
the chauffeur had been unavailing so far. The appeal was
dismissed, but the man is not to be called up before
December 1.

Three timber hauliers, 26, 23, and 20 years of age respec-
tively, whose exemption was applied for at Hexham, were
stated to be employed by contractors who were supplying a
number of collieries with timber. The contractors had tried
to get other men to take the places of these young fellows,
but without avail. The badges of the men were withdrawn
on July 31, although the nature of their work had not
altered. The timber-leading contract on which they were
engaged would last two years. Conditional exemption was
granted to the two elder men, whereupon the military repre-
sentative—who had offered to compromise on the basis of the
eldest only being exempted—said he would appeal.

It is reported that at a conference of military representa-
tives and tribunals held in Carmarthen on Saturday, a reso-
lution was passed, which will be supported by a deputation
to the War Office, with the object of unbadging young men
employed in collieries and munition works, so that these
might be available for military service, the idea being that
married men and men of 35 should be sent to the collieries
in place of the young ones taken away. More particularly,
however, the conference discussed the position of Irishmen
engaged in munition works. Local discussions relate to
hundreds of these who are receiving high wages and holding
places that might be taken by local men but for the fact
that these latter are compelled to remain in their present
employment on national grounds.

Grave disquiet has been caused among the miners by
the demand at holiday resorts to produce certificates of
exemption, arrest following in some cases; and also by
others being, called upon to submit themselves for medical
examination. In several instances the men, although
exempted, have not had their certificates issued, and the
Garw district delegates’ meeting at Bridgend on Monday
passed a resolution calling for greater expedition in the issue
of certificates.

At the Abersychan tribunal, the military representative
sought withdrawal of exemption certificates which had been
given to more than a hundred men at a local galvanising
works, his reason being that these men worked on an average
only two days a week, and he argued that although they
were in a certified occupation the exemption could apply only
where they were regularly employed. He pointed out,
further, that, as the tin-platers would, at the end of August,
be removed from the list of certified occupations, and certain
tin-plate works in the neighbourhood might have to close
through lack of steel, the married men, and, therefore, the
inehgibles from the neighbouring works, could be taken on
for the galvanising undertaking, thus releasing single men
whom he applied for. The manager of the galvanised works
opposed on the ground that the men had worked 31 turns
per week, and when not actually engaged in the galvanising
works they were otherwise occupied in the establishment
several days a week.

When appeal was made to the mining tribunal at Swan-
sea for exemption of a surfaceman in order that the output
of a colliery might be maintained, the chairman (Mr. Dyer
Lewis) said : “ Don’t talk about output. Go down to
Swansea sands and you will see crowds of colliers digging-
sand heaps, not coal.”—Upon the question of single men
who had signed on at the collieries since the Military Service
Act became operative, Mr. Lewis stated that the Home Office
had directed that exemption should not be granted to any
persons who had entered a coal mine since the passing of the
Act, unless they had been released from the Forces, the
munition factories, or controlled works for the purpose of
returning to the mines.

. THE AMERICAN COAL TRADE.

Railway and labour troubles are restricting produc-
tion, and scarcely any free bituminous coal is on the
market. Prices have been driven up notably, says the
Coal Age. In spite of a weakening of British coal
prices, the export business continues at record-break-
ing proportions, the Hampton Roads shipments in one
week having crossed the 400,000-ton mark for the first
time in the history of the piers.

Pi-ices on the Atlantic seaboard are firm. Boston
reports delay in loading. The scarcity of miners is
felt in the Georges Creek region, and operations that
have usually been very dependable are now shortening
up on output very materially. Complaints are rife con-
cerning the wagon shortage. Shippers with large con-
tracts are already being pressed for coal, and are wonder-
ing what the situation will be in a few weeks. Even
with the scarcity of labour, many operators are unable
to get enough cars to take care of their present output,
which in most cases is far below normal.

In Baltimore prices are only quoted by a compara-
tively few companies. Most of the operators are having
their hands full in looking after their existing contracts.
Prices to the trade are about as follow, at the mines,
per gross ton:—Georges Creek, Tyson, 1’75 dels.:
Miller vein, 1-60 dols.; Quemahoning, 1’60 dols.;
Somerset, 1’55 dols.; Freeport, 1’35 dols.; Fairmont,
gas, three-quarter, 1.35 dols.; same, mine-run, 1’25
dols.; slack, 1’20 dols.

The wholesale demand for anthracite is strong. All
sizes remain scarce where dealers are relying on
movement direct from cars to carts for delivery.
Philadelphia prices per gross ton, f.o.b., are as follow :
Broken, 4’75 dols.; egg, 5-15 dols.; stove, 6’50 dols.:
chestnut, 5’45 dols.; pea, 3’60 dols.; buckwheat, 2’55
dols.; boiler, 1*80dols.

Exports from Hampton Roads show a slight increase.
Slow loading is the rule. Recent chartering includes
Virginia to Buenos Ayres. 14-40dols.; Baltimore to
Buenos Ayres (per British steamer “ Trecarne ”),
15 dols.: Philadelphia, to Rio (British steamer
“ Nuceria ”), 15-50dols. net: and Virginia to Rio,
15’75 dols. net. Vessels have cleared with coal for Italy,
Spain, and South America, and nearer destinations.

American CoaJ Production in 1915. — The production of
bituminous coal and anthracite in the United States in 1915
amounted to 531,619,487 short tons, valued at 686,691,186
dols., an increase, compared with 1914, of 18,094,010 tons,
or 3-5 per cent., in quantity, and of 5,200,543 dols., or 8 per
cent., in value, according to Mr. C. E. Lesher, of the United
States Geological Survey. Of this total output, 442,624,426
short tons, valued at 502,037,688 dols., was bituminous coal
and lignite, and 88,995,061 tons, valued at 184,653,498 dole.,
was Pennsylvania anthracite. Pennsylvania, with an output
of 157,955,137 tons of bituminous coal and 88,995,061 short
tons of anthracite, ranks first among the coal-producing
States. West Virginia, with a production of 77,184,069
tons; Illinois, with 58,829,576 tons; Ohio, with 22,434,691
tons; and Kentucky, with 21,361,674 tons, follow in order
of production. Thirty States and the territory of Alaska con-
tributed to the total, of which number 14 States had increased
production and 17 had decreased production, compared with
1914. To produce this coal, 734,167 men were employed
for an average of 209 days. The following table shows the
coal produced in the United States in 1915 :—

	Quantity.	Value.
	Short tons.	Dols.
Alabama 		14,927,937 .	.. 19,066,043
Alaska 		1,400 .	3.300
Arkansas 		1,652,106 .	..	2,950,456
California, Idaho & Nevada	12.503 .	32,054
Colorado 		8,624,980 .	.. 13,599,264
Georgia 		134,496 .	231,861
Illinois 		58,829.576 .	.. 64.622,471
Indiana 		17,006.152 .	.. 18,637,476
Iowa 		7,614,143 .	.. 13,577,608
Kansas 		6,824.474 .	.. 11,360,630
Kentucky 		21,361,674 .	.. 21,494.008
Maryland 		4,180.477 .	..	5,330.845
Michigan 		1,156,188 .	..	2.372.797
Missouri 		3.811,593 .	..	6,595.918
Montana 		2.789.755 .	..	4.526.509
New Mexico 		3,817.940 .	..	5.481.361
North Dakota 		528.078 .	766,072
Ohio 		22.434.691 .	.. 24.207.075
Oklahoma 		3.693,580 .	..	7,435.906
Oregon 		39.231 .	111.240
Pennsylvania, b it u m i no u s..	157.955,137 .	.. 167.419.705
South Dakota 		10.593 .	16.384
Tennessee 		5.730.361 .	..	6,479,916
Texas 		2.088.908 .	..	3.445,487
Utah 		3.108.715 .	..	4,916,916
Virginia 		8.122.596 .	..	7.962,934
Washington 		2,429,095 .	5.276,299
West Virginia 		77.184.069 .	.. 74.561.349
Wyoming 				6,554,028 .	..	9.555,804
Total bituminous 		442.624,426 .	.. 502.037.688
Pennsylvania, anthracite ...	88.995,061 .	.. 184.653.498
Grand total 		531.619,487 .	.. 686,601.186