1186 THE COLLIERY GUARDIAN December 4, 1914. exporters direct to the London house with whom they had made the contract. The defendant was admitted to bail in his own recognisances for .£1,000. In the Chancery Division on Tuesday, before Mr. Justice Warrington, the Board of Trade moved, under the Trading with the Enemy Act, for the appointment of a controller of the Koppers Coke Oven and By-Product Company, a firm carrying on business in Sheffield. Mr. Austen-Cartmell, who appeared for the Board of Trade, said that the partners in the company were an English firm named W. Edward Kochs and Company and Heinrich Koppers. The partners in W. Edward Kochs and Company were Albert Victor Kochs, a natural-born British subject, and Charles Rudolph Altenheim, a registered subject of Germany, who had been resident in England for more than 20 years, and who had applied for naturalisation. Koppers was a German, who resided at Essen. The firm was constituted in 1902 to introduce and build coke ovens and plant for the recovery of by-products. The firm had a large number of uncom- pleted contracts, and there were many debts outstanding. The firm employed English workmen, and the Board of Trade were satisfied that it was in the public interest that the business should be carried on. There was no action for dissolution, and the case came within section 3 of the Trading with the Enemy Act. Mr. R. R. Reeve, for the com- pany, supported the application. Mr. Justice Warrington made an order for the appointment of a controller in the terms of the order settled by him in In re Meister Lucius and Bruning Limited. The New York authorities have, it is stated, prevented the German steamer “Mera” from coaling beyond the capacity of her bunkers. It is believed she was trying to smuggle coal for German warships. It is understood that there is now good prospect that the proposal to employ the large amount of German and Austrian shipping captured and interned in British and colonial ports, will receive the consideration it deserves. A report states that the U.S. Government has presented a general protest to Great Britain against the assumption of the right to seize American cargoes of conditional contraband destined for neutral ports. LAW INTELLIGENCE. HOUSE OF LORDS.—November 23. Before the Lord Chancellor and Lords Dunedin, Atkinson and Parmoor. Workmen’s Compensation : Arbitrator’s Award. J. Jones v. A. and G. Anderson.-The appellant Jones is a miner, residing at Main-street, Blackbridge. Whilst in the employment of the respondents, Messrs. Anderson, coalmasters, Blairmuckhill Colliery, Harthill, he received an accident to his right eye. He was paid compensation for some time, but the Sheriff-substitute at Airdrie subse- quently ended that compensation. The Sheriff-substitute, who had before him a report from a medical referee, found that the appellant had “failed to show that his wage- earning capacity in so far as reduced as a result of the injury has not been recovered?’ He further refused to state a case on the ground that no question of law arose. The workman appealed to the Second Division of the Court of Session, and claimed that he was entitled to a suspensory award and to have a stated case, but that tribunal decided against Jones. The Lord Chancellor, in moving that the appeal should be dismissed with costs, observed that when an award of this character was made by an arbitrator it had been laid down in the House of Lords that the award would only be interfered with (1) if, on the face of it, it was wrong in law; or (2) if it were made in such circumstances that the House was of opinion that there was no evidence upon which an arbitrator could act. In the present case he thought the finding of the arbitrator was conclusive. There were two kinds of evidence before the arbitrator, firstly, the report of the medical referee that the incapacity to earn had ceased, and, secondly, the fact that ‘ the employer had continued to employ the man. The arbitrator found that the incapacity had determined. It might be that he took the view that, having regard to the kind of employment and the nature of the enquiry, the workman must be taken to be for practical purposes in no worse position to obtain employment than he was before. At all events he had so found, and, as the finding came within the rule referred to, the result was that, in his view, the appeal failed. Lords Dunedin, Atkinson and Parmoor concurred, and the appeal was unanimously dismissed. SUPREME COURT OF JUDICATURE. COURT OF APPEAL. Before Lords Justices Buckley, Phillimore, and Pickeord. Liability for “ Daymen’s ” Wages. Pitchford and Higginson v. Biackwell Colliery Company Limited.—This was an appeal by the plaintiffs against a judgment of a King’s Bench Divisional Court (Justices Bray and Lush) affirming a decision of the Mansfield County Court judge. The plaintiffs were miners employed at the Sutton Colliery of the defendant company, and they brought the action to recover wages alleged to be due to them by the company. It appeared that in the Nottinghamshire and Derbyshire coalfields, the practice was to work the coal by means of gangs consisting of what were known as “ daymen ” and “ stall-men.” The latter, who acted as foreman, drew the total earnings of their particular gang, and paid the daymen. The present action arose, it was said, owing to one of the stallmen having made default. The plaintiffs were daymen, and one sued for two days’ wages at 7s. 3d. a day, and the other for three days’ wages at 7s. a day. The county court judge held that what the defendants contracted to do was to pay the contractors (the stallmen) for getting the coal; that the daymen were to look to the contractors for payment of their wages ; and that the defendants, having paid the contractors the accurate sum, had carried out their part of the contract, and were under no further liability. The Divisional Court affirmed this decision. Without calling upon counsel for the respondents, the Court dismissed the appeal with costs. LABOUR AND WAGES. South Wales and Monmouthshire. The long-drawn-out endeavour to amalgamate the Enginemen and Stokers’ Association with the South Wales Miners’ Federation has reached a deadlock. Because the requisite three-fourths majority in favour of amalgamation cannot be secured in the association, according to its rules, a deputation waited upon the Federation executive on Tues- day, reported their failure, notwithstanding repeated ballots, and suggested that a different form of affiliation between the two bodies should be arranged. The Federation execu- tive, however, declined to consider the suggestion, and will adhere only to its previous decision for complete absorption. Subsequently the Enginemen and Stokers’ Association held a meeting, resolved that, in the circumstances, nothing further could be done, and that the association should con- tinue on its present course. The workmen of Monachty Colliery brought before the Federation executive on Tuesday a complaint that they had been locked out. They tendered notices against non- unionists and ceased work, but now that they have secured adhesion of all the men to the Federation, and are prepared to return to work, they report that employment is not offered them. The executive decided to allow strike pay, after the circumstances had been investigated by Mr. J. Williams, M.P. The “ excommunication ” of Ynysarwed men from the Federation is being re-considered by the executive, upon application of the men for reinstatement; and it has been resolved that if they will assist the council in finding work for men now idle, and will carry out the decisions of the council, their application will be dealt with. Acting upon the advice of their agent, the men at Messrs. D. Davis and Sons’ collieries have withdrawn the notices which were tendered a fortnight ago. The pits affected were Ferndale, Tylorstown, and Bodringallt, and nearly 6,000 employees were involved. The grievance of the men was an alleged departure from old customs, which had the effect of reducing wages; but the district meeting of miners advised withdrawal of the notices, on the ground that they had been unconstitutionally tendered. The dispute will now come before the Conciliation Board. * It is very satisfactory to note that, although about one- fourth of the tin-plate mills are still idle, there is not much distress due to unemployment. This freedom from ill-effects is due partly to the fact that so large a number of men have enlisted, but more so to wise provision for meeting the crisis. The method of working has been altered, six-hour shifts taking the place of eight-hour, so that the work available is distributed; and even six four-hour shifts per day are reported in certain cases. The output per mill has increased because of the shorter shifts, with consequent advantage to the employer, whose relative working costs per box are lessened. North of England. We understand that the Horden Collieries Limited are closing the Blackhall Colliery temporarily, and intend to employ the whole of the Blackhall wnrkmen at Horden Colliery, owing to the fact that up to date over 1,000 of their employees at Horden, Shotton, and Blackball have joined the Colours. The company has a good deal of per- manent work still to carry out at Blackball to complete the underground arrangements, and the temporary transfer of the miners to Horden will give them an opportunity to com- plete this work in a more convenient manner. Prior to the outbreak of war Blackball Colliery was employing over 400 men and youths, and had a daily output of nearly 500 tons. It has been decided to close the Mickley coke yard for the time being. Latterly not many workmen have been employed there, in marked contrast to the large numbers who found employment earlier. It is understood that places will be found for several of the workmen in the West Wylam yard. Representatives of the three-shift collieries in Northum- berland have forwarded to the executive committee of the Northumberland Miners’ Association a memorial to be sub- mitted to the coal owners concerned. This document points to the great response the miners have made to Lord Kitchener’s appeals, and continues :—“ While we and our class are doing all in our power, by military service, keeping the pits going, and subscribing to the relief of distress, to serve our country, those of us who are affected by the three- shift system are prejudiced in our organisation for political, social, moral or religious improvement. . . . Recruiting has greatly reduced the number of men available for employ- ment at the collieries. It would seem, then, an admirable From Total cargo. Total bunker. 1913. 1914. 1913. 1914. Tons. Tons. Tons. Tons. Bristol Channel ports 316,849 211,377 21,959 20,039 North-western ports 259,973 253,414 64,151 61,451 North-eastern ports 715,753 686,489 27,133 32,939 Humber ports 219,116 190,003 12,875 16,271 Other ports on east coast 11,299 10,258 8,473 9,635 Other English ports 2,558 2,628 3,414 2,284 Total from England and Wales 1,525,548 1,354,169 138,005 142,619 Ports on east coast of Scotland 110,655 84,679 16,992 16,390 Ports on west coast of Scotland 117,934 116,039 30,975 39,135 Total from Scotland 228,589 200,718 47,967 55,525 Irish ports — 4 3,130 3,332 Total from United Kingdom 1,754,137 1,554,891 189,102 201,476 The destination of cargo shipments was as follows :— time to reduce the number of shifts, and we are convinced that such a reduction, made at a time when national emer- gency calls for a sacrifice from all, would be met by the hearty determination of the men to maintain the output. It is unnecessary to point out to you that the output depends chiefly upon the goodwill of the hewers, and if goodwill towards the management is impaired in the three-shift collieries, the remedy for that lies in the hands of the management.” Federated Area. A meeting of the Notts Miners’ Association was held on Saturday, November 28. After the reading of correspond- ence which had passed between Mr. Thos. Ashton, secretary of the Miners’ Federation, and Mr. J. G. Hancock, M.P., regarding the political position of the association, more par- ticularly in relation to Mid-Derbyshire, which division the agent represents in Parliament, there was a lengthy dis- cussion, and eventually it was decided to refer the matter to the branches, with the object of taking a ballot vote of the whole of the members. The secretary reported that he had written to Mr. J. Piggford, general manager of the Teversall Colliery, asking if he was prepared to meet a deputation to consider the surfacemen’s wages question. He had received a reply stating that Mr. Piggford was ill, away from home, and that the letter would be placed before him on his return. With regard to a proposed revision of the old-age pension scheme, it was unanimously decided to post- pone consideration of the same until the conclusion of the war. An immediate grant of £10 was made to the trade unionists of Belgium, and lodges were recommended to sanc- tion a further grant of £150. Miners’ Federation of Great Britain. Mr. R. Smillie presided at a meeting of the executive committee of the Miners’ Federation of Great Britain held on Tuesday at the Westminster Palace Hotel, London. Mr. Brace, M.P., in his report on the work of the War Emer- gency Committee, stated that everything possible was being done to safeguard the interests of the dependants of th<^ men serving in the Army and Navy. Mr. Smillie reported that Aid. House (Durham) had been appointed to give evidence on behalf of the miners before the Belgian Refugees’ Unemployment Committee. Mr. House would, point out to them the dangers of employing Belgians under- ground owing to the language difficulty. The question of the' Parliamentary vacancy in the Attercliffe division of Sheffield, caused by the death of Mr. Pointer, came up for consideration. Mr. Smillie said he had been asked by the Labour party in the Attercliffe division to allow his name to go forward as the miners’ candidate after the necessary endorsement of the Miners’ Federation had been received. The officials of the Yorkshire Miners’ Association, however, strongly objected to Mr. Smillie’s name being put forward as the candidate, on the ground that Attercliffe, being a mining constituency under the Federation rules, the candi- dature of Mr. Smillie would require the approval of the Yorkshire miners, and they could not agree to that being given. Mr. Ashton (secretary) was instructed to communi- cate with the Labour party in the Attercliffe division, point- ing out the reason why Mr. Smillie’s name could not be proposed. Iron, Steel and Engineering Trades. The accountants of the Board of Conciliation and Arbitra- tion in the iron and steel trade of the North of England have just certified that the average selling price of iron rails, steel bars, and angles for the two months ended October 31, was £6 19s. 0'56d. per ton, as compared with £6 14s. 2T5d. in the previous two months, and, according to the sliding scale there is an advance of 3d. per ton in puddling, and 2| per cent, on the other forge and mill wages. Messrs. James C. Bishop and James Gavin, joint secre- taries of the Scottish Manufactured Iron Trade Conciliation and Arbitration Board have received intimation from Mr. John M. MacLeod, C.A., Glasgow, that for September and October the average net selling price brought was £6 15s. 6’32d. per ton. This means an increase of 2| per cent, in the wages of the workmen. The return of the accountants to the Midland Iron and Steel Wages Board shows that during September and. October last the output of the 17 selected firms whose books are examined was 30,989 tons of all descriptions of iron and steel, compared with 28,828 tons in the previous two months, an increase of 2,161 tons. The average net selling price in September and October was £7 6s. per ton, an increase of no less than 9s. 8d. per ton compared with July and August. In accordance with the sliding scale the wages for puddling have advanced 6d. per ton. making the rate 9s. 6d. In addition to the puddling rate a bonus of 6d. is allowed, which brings the actual wage to 10s. The advance will take effect from Monday next. COASTWISE SHIPMENTS DURING OCTOBER. According to the monthly coal tables published by the Commissioners of H.M. Customs and Excise, the following were the shipments coastwise in October as compared with the corresponding month last year:— To ports in England and Wales Scotland.......... Ireland ........... Oct. 1913. Oct. 1914. Tons. Tons. 1,273,458 ... 1,114,011 100,092 ... 77,043 380,587 ... 363,837 Shipments to London during October totalled 758,799 tons.