May 16, 1913.

THE COLLIERY GUARDIAN

1021

Scotland since the year 1880, both in percentages and
money value.—Mr. Buxton said the increase in the
general rates of miners’ wages since 1880 on the old
standard of 1879 had been 62J per cent, in West
Scotland, 29 per cent, in the Lothians, and 42 per cent,
in Fife and Clackmannan. The base rates for these
three districts differed up to 1888, since which year all
districts had increased their percentage above the new
standard of 1888 by 81J per cent. He regretted that
there were no statistics enabling him to compare the
actual earnings of miners in 1880 and 1913.

The Nationalisation of Mines.

A special sub-committee of the executive of the
Miners’ Federation of Great Britain resumed at the
Victoria Hotel, Southport, on the 8th, the consideration
of the Labour Party’s proposed amendments to the Bill
forbringing about the nationalisation of the mines,
which the executive prepared after a draft had been
approved by the conference of the Federation at Swansea
in October last. When the final form of the Bill has
been approved, it will be submitted to the Government
for the adoption as one of their measures. Failing
their acceptance, the Labour Party will endeavour to
bring it before the House.

When the Bill was drafted the miners placed it before
the Labour Party with a view to its being introduced
into the House of Commons. Since then it has been the
subject of negotiation, several suggested amend-
ments put forward by tthe Labour Party being now
under the consideration of the Miners’ Federation.
The sub-committee finished the task of examining the
amendments proposed by the Labour Party, and they
will report in due course to the miners’ executive. In
all probability further negotiations with the Labour
Party will then take place.

OBITUARY.

The death has occurred at Tangiers of Mr. C. Buckingham
Pope, the chairman of the Denaby and Cadeby Main
Collieries Company Limited, and one of the most prominent
commercial men in Yorkshire. Mr. Pope left England
recently on a voyage for the benefit of his health. Mr.
Pope was a justice of the peace, and at one time was an
unsuccessful Parliamentary candidate for one of the Hull
divisions. This was in 1880, when he was a barrister on
the north-eastern circuit.

Col. George Pearson, of Grenville House, Ashton, whose
business interests centred in the coal trade, and who had
been for many years the principal of the Spinners’ Coal
Co. Limited, Stalybridge, died last week. The deceased, who
was 61 years of age, was well known throughout the coal
trade in the north of England, and, following service as a
member of the committee and as a vice-president, he was in
1904 elected president of the Manchester Coal Exchange.
He had suffered from a form of diabetes, and, notwith-
standing skilled attention, he became gradually worse, and
passed away at the residence of his mother at Gloucester.

The death occurred at Llandilo on the 1st inst. of Mr.
Percival Robert Augustus Willoughby, M.I.C.E., Director
of Public Works, Jamaica. Mr. ^Willoughby was born in
1868, and on .leaving college he was articled to Mr. H. O.
Fisher, engineer of the Taff Vale Railway, and was after-
wards appointed executive engineer of the Dooars Company
in Bengal, assistant engineer to the city engineer of Cardiff,
deputy-engineer of Merthyr Corporation, civil engineer to
the Dowlais Iron Company—afterwards Guest, Keen and
Nettlefolds—and engineer and architect to the Pontypridd
Municipal Council. Mr. Willoughby was appointed Director
of Public Works in Jamaica on December 24, 1908.

The death occurred on the 9th inst. of Mr. Benjamin
Whitehouse, Wood Bank, Sandyfields, Sedgley, who for
over half-a-century was intimately associated with the
iron and coal trades of South Staffordshire. Mr. White-
house was a son of the late Mr. Henry Bickerton White-
house, proprietor of the Priorfields Furnaces, Deepfields.
The son joined his father in the business, which was
eventually converted into a limited liability company under
the style of H. B. Whitehouse and Son Limited. The
business, like other similar industries in the Black Country,
passed through many vicissitudes, and a few years ago the
whole of the works were dismantled. Mr. Whitehouse took
an active part in the establishment of the South Stafford-
shire Mines Drainage Commission, of which he was a
member up to the time of his death. He was the only one
named in the Mines Drainage Act of 1873 who still retained
an active association with the Commission. He was until
about two years ago a regular attender at the meetings of
the Commission. He was appointed a county magistrate as
far back as 1862. For forty years he was chairman of the
Sedgley Bench, and on the death of Sir Alfred Hickman he
became chairman of the Bilston division. He had a
numerous family of sons and daughters, some of whom
predeceased him. He was over eighty years of age, and is
survived by his wife.

An appeal has been issued by the English Forestry
Association to growers and users, pleading for the more
extensive employment of home-grown timber.

WORKMEN’S COMPENSATION.

(Specially Contributed.)

Leaving Work to Get Drink.

Elliot v. United Alkali Company Limited.—In this
case (Ayr, March 6) it appeared that pursuer and a
fellow-workman admitted in evidence that they had left
the works during their shift on the night of October 5,
1912, by going through a broken part of the fence that
surrounds the works, and had visited two public-houses
and had drink in both of them. It was on the way back
from this visit that the accident happened. The Sheriff
found that the pursuer had failed to prove that the
accident arose out of and in the course of his employment
as a furnaceman under the defenders. He further
found that the pursuer was guilty of serious and wilful
misconduct in respect of his having left his work to
obtain liquor and returned drunk and unfit to perform
his duties, and was in that state when the accident
happened.

Notice of Accident.

Cairns v. Carlton Main Colliery Company.—It appears
to be more and more difficult for employers to escape
liability on the ground of want of notice of accident;
but where the employer is clearly prejudiced the court
will endeavour to protect them. In this case (Barnsley,
March 7). it appeared that the applicant commenced
working at the Grimethorpe Colliery in July 1912. He
was working along with his mate in the night shift on
September 2 doing “ ripping ” work when he was injured.
He continued to work the shift and did not report the
accident, thinking the injury was only slight. He went
to work in the following shift, and the injury hurt him
so much that he reported the accident to the timekeeper.
The company paid him compensation to November 19,
but refused to pay any further compensation, stating
that information had been brought to them that the
accident did not take place at the colliery. The company
further alleged that notice of the accident was not given
to them as requested by the Act.

His Honour found that the accident took place at the
colliery, and that the company shad received notice of
the accident. He awarded the applicant 14s. 3d. per
week compensation during incapacity and costs. This
case may be contrasted with Magog v. Morris
(Sunderland, February 21), where it appeared that
while at work in respondent’s foundry in June 1910 a
piece of iron struck the applicant in the right eye, as
the result of which he subsequently lost the sight of
that eye. Magog at the time reported the accident to
the foreman, and received at the office of the works a
ticket for the eye infirmary. Except for a few days at
intervals, he continued to work until October 1912, when
he was advised by the doctors at the infirmary to cease
work.

His Honour said that while it was clear that verbal
notice had been given, written notice had not been given
as the law required, and he further held that by the
claim being so late after the accident the employers had
been prejudiced. It was only right that provision
should be made to protect the employer of labour. He
therefore gave judgment for the respondents.

Fell Dead through Running for Assistance.

In a case at Hartlepool (March 8), it appeared that the
husband of the applicant fell dead from the exertion and
excitement of running for assistance for another man to
whom an accident had occurred in the pit.

After hearing the evidence and arguments, his
Honour said there was no doubt in his mind that, in
going for assistance, the applicant’s husband was
“ acting in the course of his employment.” It was not
necessary to prove that there was any breakage of the
man’s body; it was sufficient if it were shown that the
accident produced a physiological effect.

Onus of Proof.

Dyehouse v. Great Western Railway Company.—It
appears to be the practice, in some county courts, to
apply rule “ When in doubt, find for the workman, and
leave the employers to go the Court of Appeal.” The
following case is a striking example of this (Swansea,
February 18):—It appeared that deceased, an engine
driver, got down from his engine. Soon afterwards a
signal to proceed was given, and in his absence the
stoker started the engine. On pulling up, he went to
search for the deceased, and found that he had been
killed on the line. The question was whether deceased
was in the performance of his duty when he got off the
engine, or whether he got off for his own purposes.

The judge said that the explanation offered by either
side was unsatisfactory, and he himself was unable to
decide the point. The question was—on whom did the
onus of proof rest ?

He quoted a decision of Lord Justice Fletcher
Moulton, and, following that, held that the onus of
proof was on the respondent. He therefore found in

favour of the applicant for £300, but granted stay of
execution for a fortnight to enable the respondents to
consider whether they will appeal, saying he would not
be surprised if the case were taken to the House of
Lords.

Conflicting Claim by Illegitimate Children and Parents
of Deceased.

Tarbrook v. Denaby and Cadeby Collieries.—In this
case (Doncaster, March 10) the question was whether a
man’s mother, to whom he made occasional payments,..
or his illegitimate children were to be regarded as
dependent upon him. It appeared that two childrenr
aged three months and two years respectively, were the
illegitimate children of John William Tarbrook, who
was killed while engaged in rescue work on July 9 last.
At the end of December the colliery company paid into
court £218 17s. 9d., and they now disclaimed any interest
in the arbitration.

In February this year the woman died after she had
appointed her mother guardian for the two children.
The man’s father and mother claimed to be partial
dependents on the deceased man. Deceased’s mother
said she was paid £22 by the Denaby Permanent Relief
Fund and got £6 from the union.

His Honour gave judgment for the applicants, and
accepted Mrs. Ast ill, of Parkwood Springs, mother of
the deceased woman, as guardian, allowing £10 for
immediate expenses and 4s. per week for the children.

*#* We shall be pleased to answer in this column questions
relating to Workmen’s Compensation and Employers’
Liability. 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.

Midland Miners’ Relief Society.—In the absence of both
the chairman and vice-chairman, Mr. W. S. Martin* was
elected to preside over the annual meeting of the Midland
District Miners’ Fatal Accident Relief Society, which was
held at the Midland Hotel, Derby, recently. The annual
report showed that at the end of 1912 there were 43,441
members, which was an increase of 752. There had been 36
deaths from accidents, making a total of 899, for which
provision had been made since the foundation of the society
in 1883. The balance in the bank at the present time was
£1,995 18s. lOd. Mr. R. Todhunter, in his actuarial report,,
stated that at the end of December the benefit fund
amounted to £77,276. The valuation showed a surplus of
£22,663 over all liabilities as compared with £13,798 at the
last valuation. Commenting upon the report, the chairman
suggested that as their funds were so satisfactory they
might increase the age limit of children who were in
receipt of benefit and add something to the benefits of
single members. Several speakers agreed with this view,
and the question of increased benefits will be considered at
the next special general meeting.

Tunnelling the Humber. — The members of the
Yorkshire Geological Society spent their Whitsuntide
excursion on the western edge of the East Yorkshire
wolds. A matter of much interest was a borehole
which is being put down for coal in the neighbour-
hood of Market Weighton, but no information was
forthcoming as to the results. On Saturday evening a
discussion took place on the geological conditions affecting
the proposed scheme for tunnelling under the Humber,
Prof. Kendall, who presided, said he had for many years
advocated a tunnel under the Humber. Unless Hull
desired to be side-tracked they must agitate for better
communication with London and with the great coalfield
of South Yorkshire. But a tunnel, unless very wisely
placed, might be detrimental to Hull. If the tunnel gave
preferential advantages to Hull’s rivals on the Humber
the scheme might be disastrous to the Yorkshire port
Mr. J. W. Strather, in opening the discussion, said the
geological conditions were such that engineers with modern
equipment could make a tunnel on any line across the
Humber that commercial men desired. He considered the
proposed line east of Hull between Pauli and Goxhill
commercially disastrous for Hull, and the geological
conditions would be most difficult. A line west of Brough
through the chalk and olite would be easiest and best.
Mr. G. W. B. MacTurk thought the eastern line would
present no insuperable difficulty. The chalk west of
Brough was much shaken and might be difficult, and there
was a danger of tampering with the Hull water supply.
Mr. Cosmo Johns, of Sheffield, said he thought a line 5 or
even 10 miles west of Hull would not affect the value to Hull
of a line connecting Yorkshire with the great improved
coalfield. Prof. Kendall pointed out that the line of the
pre-glacial Humber was not identical with the existing
river. He had made some time since, from data derived
from well borings, a pre-glacial map of Holderness and
found a chalk floor over the whole area covered by the
low part of Holderness. The question was difficult as to
the depth of the channel of the old Humber below this
floor. To drive a tunnel through the glacial deposits,
which were very variable and might carry much water,
would be a precarious business, and the chalk west of
Brough presented difficulties by reason of the enormous
quantities of water it held. He believed the best line
would be west of Brough and that the tunnel should go
down to the great clays, the Kimmeridge and Oxford clays.
Here tunnelling would be safe and easy, and notwith-
standing the greater depth, would be cheaper than in the-
more risky depths.