84

THE COLLIERY GUARDIAln.

January 10, 1913.

North Midland District, made an inspection of
Bentley Colliery, and found in several places
percentages of gas in the general body of the air
•of 2J and over.

For the defence it was contended that, in order
to support a prosecution under the general words
of section 29 (1), it was necessary to prove a
•condition of things that was in itself dangerous;
that as an atmosphere containing even 30 to
40 per cent, of methane can be inhaled without
being hurtful to health, and as a minimum
percentage of 6 per cent, of methane is required
to bring the atmosphere to the explosive point,
-a percentage of 2-J-, 3, or 4 per cent, is not
dangerous in itself; that section 67 (1) says,
For the purposes of this section a place shall
be deemed to be dangerous,” &c.; and that one
section cannot be imported into another.

In dismissing the case, the chairman of the
Bench said: “ This is a prosecution for a breach
of a certain section of this Act of Parliament.
To begin with, it is a criminal case, can be
punished by penalty, and, if the penalty were
not paid, might be punishable by imprisonment.
Therefore in every sense it is a criminal case.
The Bench think that in every criminal case that
comes before them there must be capability of
strict proof. They have considered the whole
of the evidence upon both sides and weighed it
most carefully, and the Bench are of opinion
that the evidence for the prosecution is incon-
olusive, and that the information must be
dismissed.”

From this decision it is not clear whether the
prosecution failed to prove, to the satisfaction of
the Bench, (1) that, apart from other condi-
tions, the presence of 2-J- per cent, of inflammable
gas in the workings of the mine constituted a
breach of section 29 (1) of the Coal Mines Act,
1911; (2) that 2J per cent, of inflammable gas
was actually present in the workings of the
mine on July 25, 1912; or (3) that other condi-
tions were present which, if taken in conjunction
with 2^ per cent, of inflammable gas, rendered
the presence of the latter a breach of section 29
(1) of the Act.

The selection for attack, by the Home Office,
of the Bentley Colliery, which—as we have
already pointed out, is unexceptionably well
staffed and carefully managed, and which is
spending large sums in investigating, with the
able assistance of Dr. Haldane, every source of
danger from gob fires and gas, and trying to
minimise the dangers from them—is a mystery.
And the mystery is deepened when we read the
report of the trial and note the manner in which
the prosecution conducted the case and handled
the witnesses for the defence—especially Dr.
Haldane.

During the hearing of the case frequent
reference was made to certain preceding corre-
spondence between the Home Office and the
Bentley Colliery Company. This correspondence
began with a letter, dated August 31, 1912, from
Mr. R. A. S. Redmayne, H.M. Chief Inspector of
Mines.

This letter made serious allegations regarding
the conduct of the management of the Bentley
Colliery as the result of a report of an inspection
made by Mr. Hudspeth, junior inspector of
mines attached to the Yorks and North Midland
Division, which had been forwarded to the Home
Office.

After a few letters had passed to and fro, the
Bentley Colliery Company received a letter from
Mr. Redmayne, dated September 25, 1912, from
which the following extract is taken :—

He (the Secretary of State) must stipulate that in
the event of a fire, or an abnormal heating of the coal
or other strata indicative of the probability of the

High Court, under section 107, who “ may
prohibit by injunction the working of any mine
or any part of a mine in which there is ouch a
contravention or non-compliance with the pro-
visions of the Act, or the general regulations
made thereunder, as appears to the Court calcu-
lated to endanger the safety of persons employed
in the mine or part . .

The manager of a mine, like a general in the
field or a captain on a ship, may be removed,
but his statutory authority cannot be abrogated.

The selection of Bentley Colliery was, how-
ever, distinctly sporting on the part of the Home
Office, for Mr. Fryar was not the man to accept
interference tamely, but one who would do his
duty for the general interest of safety in mines,
just as he had done his duty for the safety of
Bentley Colliery.

Trade Summary.

The London coal trade continues quiet, especially for all
household qualities. The depot trade is slow, and stocks of
loaded wagons are accumulating. All manufacturing
qualities are moving freely, and smalls have been bought
somewhat extensively for many months ahead. Factories
on the riverside are busy, and steam coals are firm. Small
nuts have recovered from the apathy of the past week, and
the demand is stronger. Merchants and factors alike are
holding stocks in anticipation of colder weather.

Prompt business at Newcastle is dull and prices generally
show an easing tendency.

The Durham coal trade is firm, but there is much
congestion at the docks.

The Lancashire house coal trade is dull, and there is
rather less enquiry for bunkers. Other classes of fuel are
scarce.

Business in West Yorkshire is fairly brisk, but is confined
more especially to steam-raising and gas coals. Coking
coals are in strong request.

In South Y orkshire, house coal is dull, but for all other
descriptions of fuel there is a strong demand.

Owing to the mild weather, there is but a poor demand
for Derbyshire house coal. The demand for manufacturing
fuel is unabated.

The market at Cardiff is rather dull, owing to the small
amount of chartering. Prices, however, are firm.

In Scotland, since the close ’of the holiday season, prices
have ruled very firm.

occurrence of a fire, taking place in the mine, all the
underground workmen, except those engaged in
combatting the fire, shall be drawn to the surface,
and not allowed to enter the mine until the fire or
incipient fire has been successfully combatted. Failing
an undertaking in writing to the above effect, he will
feel it his duty, in the interests of jthe safety of those
employed in the mine, to have application made to the
High Court, under section 107 of the Coal Mines Act,
for an injunction prohibiting the working of the mine.
Here we find the attempted imposition of the
principle of “ management by correspondence ”
against which Dr. Haldane protested so
vigorously at the subsequent trial.

In reply to this letter, Mr. Fryar wrote that
the company would be glad to know what contra-
vention or non-compliance with the provisions
of the Act existed at Bentley Colliery which, in
the opinion of the Home Office, formed the
foundation of the suggested proposed application (
to the High Court under section 107, at the same
time assuring the Home Secretary that the
workmen would be at once withdrawn in the
event of any fire or heating taking place which
was likely to endanger their lives.

In reply to this letter, Mr. Redmayne wrote
on October 15 recapitulating the charges
’preferred by the Home Office, but added that a
further inspection of the mine had been carried
out, and that Mr. Mottram, the divisional
inspector of mines, had reported that the ventila-
tion of the mine was in a better state, though it
could still be further improved.

Finally, Mr. Fryar wrote on October 25
again assuring the Home Secretary that the
company fully recognised their responsibilities
in dealing with the unforeseen physical difficulties
which have arisen in developing the mine, and
that they should continue to do everything
possible for the safety of their workmen.

At the time when this last letter was written,
Mr. Fryar was not aware that Mr. Mottram
had taken out summonses on the previous day,
October 24.

It is difficult to see how Mr. Fryar could
have alienated his responsibility by accepting
the suggestion of “ management by corre-
spondence ” contained in the Home Office letter
of September 25, 1912, for it is entirely foreign
to the very spirit of the Act.

Section 2 (1) of the Act says: “ Every mine
shall be under one manager, who shall be
responsible for the control, management and
direction of the mine, and the owner or agent of
every mine shall appoint himself or some other
person to be the manager of such mine.”

Section 3 (1) : “ In every mine required to be
under the control of a manager, daily personal
supervision shall be exercised by the manager
and where an under-manager has been appointed
by the owner or agent of the mine also by that
under-manager.”

These sections constitute uncompromising,
absolute and exclusive management by the
manager on the spot.

It seems certain that if a manager, apart from
his own judgment, acted upon instructions as to
the management of his mine, given ultra vires
by the Home office, he would do so upon his
own responsibility and at his own risk.

If, in the opinion of the Home Office, a
manager has failed to manage his mine properly
in accordance with the provisions of the Act, the
Secretary of State may, according to the circum-
stances of the case, and as he may deem to be
advisable, (a) take proceedings against him in
accordance with section 101 (2), (b) cause an
enquiry to be made into his conduct under
section 11 (1), with a view to the withdrawal
of his certificate, and thus indirectly
causing a change to be made in the manage-
ment ; or (c) have application made to the

LABOUR ARD WAGES.

North of England.

Some time ago negotiations were opened up with the
South Hetton Coal Company Limited, by the officials of
the National Union of Gas and General Workers, on
behalf of their members employed on the Company’s
private railway between South Hetton and Seaham, as
brakesmen, wagon-stoppers, horse-drivers, &c., for an
advance of wages and shorter hours. Interviews have
been held between the management and Mr. A. R. Price,
Wear delegate, with the result that the management,
although not conceding an advance on the basis wages,
have offered to reduce the hours of labour by one hour
per shift, and to pay overtime rates, and to reduce the
hours to six on a pay Saturday without reduction in pay
This concession means a reduction of about eight hours
per week. The horse drivers have been conceded an
extra half shift for Sundays when attending the stables.
The men have accepted these terms, which are now
being put into operation.

Owing to the contemplated change of system in deputy
work at some collieries in the north-east part of Durham,
where it is proposed to create examiners or sub-overmen
on a weekly wage, the executive committee of the
Durham Deputies’ Association have issued a circular to
their members warning them against the attempt which
is being made by certain managers to overthrow the
present system of deputy work, by doing away with the
present deputies and making them officials. Such a step,
the circular points out, is not in the interests of the
safety of the workmen or to the betterment of the
deputies. The inducements offered, the circular adds,
are only on condition that the deputies leave their
association. Notwithstanding, the managers and
under-managers were forming an association of their
own to protect themselves against the same injustices
which they were trying to bring the deputies under.
The executive committee urge that if offers are made
to members they ought not to accept them until all the
conditions have been submitted in writing. Then these
must be sent on to the executive committee, who will
further advise members.