February 11, 1916.

THE COLLIERY GUARDIAN.

269

coal field. He agreed with Dr. Hickling that it was very
likely future researches would prove that available seams
of coal would be found at a workable depth below the
Permian; and as our existence as a manufacturing
nation depended upon an adequate supply of coal, the
necessity for research for the proving of coal was of
tlie utmost importance, and he thought the Manchester
Geological and Mining Society ought to be the pioneer
in those researches. .

Dr. Hickling remarked that, with regard to the ques-
tion of the possible extension of the Middle coal
measures under the Permian in various parts of the
Lancashire coalfield, he noticed that Mr. Ollerenshaw
agreed, as no doubt everyone present did, that there was
a great probability of workable coal measures being
found, at any rate, for some little distance within the
Triassic boundary, in the north and north-western parts
of the field, by which he presumed Mr. Ollerenshaw
meant the southern margin, from Pendleton westwards.
The writer also expressed the view that in the eastern
and north-eastern portions, by which was meant pro-
bably the part east of Manchester, the workable coal
measures would not extend under the Permian, because
of the breaks due to the Pennine uplift. The idea was
that along that particular edge of the field the Middle
coal measures, in consequence of certain faults, were
carried to a considerable depth, and in view of what he
(Dr. Hickling) had seen since he read the papers, he
rather thought that was so. Along the eastern margin
at New Moss, Dukinfield, and other places in that dis-
trict, the Middle part of the coal measures would not be
within reach, because the thickness of the Permian,
Trias, and the Upper coal measures was very great. At
the same time, he believed the Old Bradford coal
measures (the Bradford Four-foot and the Bradford
Yard) would be available, and possibly prove workable
under a considerable area. The main point he had
endeavoured to make in his paper was that the whole
mass of the coal measures undoubtedly swept round
towards the Boynton coal field in a westerly direction,
and a great portion’ would be workable. With regard to
the well-known Big fault, which was cut through in. the
sinking of the New Moss Colliery,' Mr. Ollerenshaw had
called attention to the fact that at Denton it had
dwindled down until its displacement was .only 30 yds.,
and no doubt it died away altogether a little further on.
That, if one thought of it for a moment, was what all
faults must do; they must vary from point to point,
and eventually disappear. Many faults were of the
nature of what had recently been called by the Geological
Survey adjustment faults. Bocks, in addition to being
faulted, were also very commonly folded and thrown
into anticlines and synclines. Just as a fault was a
break which obviously could not extend indefinitely in
both directions, so, in the same way, anticlines and
synclines were wrinkles which did not extend indefinitely
—they gradually died out in one direction, and gradu-
ally increased in another.

Mr. J. Gerrard (Worsley) remarked that the know-
ledge with regard to changes in the faults in the
Lancashire coal field could be very much extended if
the coal owners would give to Dr. Hickling any infor-
mation obtained in connection with their workings.
Within the last few years it had been discovered that the
large Ashton Moss fault had diminished very much, and
it would be interesting if the author could trace that
fault to the north of the Ashton Moss, in order to ascer-
tain what the conditions were in that area. He found,
in some quarters, a feeling that, in offering such infor-
mation, the coal owners would be giving something
away which seemed to them valuable, but he ventured
to think that the return obtained from Dr. Hickling
would be far more valuable than the information they
gave to him. They had, at present, a splendid oppor-
tunity in Lancashire of securing the services of a
trained geologist, and it would be most unfortunate if
it were allowed to pass by without the fullest advantage
being taken of it. No fear need be entertained of any
breach of confidence, and if members could render any
assistance in obtaining a correct survey of the Lanca-
shire coal field, he hoped they would not hesitate to
offer it.

Dr. Hickling emphasised the appeal made by Mr.
Gerrard for the fullest information on the points raised
in the paper, remarking that whatever data was forth-
coming would be regarded as strictly confidential. As
illustrating the importance of the work, he mentioned
that certain investigations into the correlation of the
seams at one colliery had made it quite clear that, a
short distance below the seam which was then being
worked, there was a very great probability of another
seam being discovered, the presence of which had not
hitherto been suspected. That, of course, was quite
beside the far more important general question of
oroving the ultimate extension of the Lancashire coal
field. Though the matter was one which, perhaps, did
not immediately concern the present individual colliery
owners, nevertheless, if the work were carried through,
there would be a large amount of information of great
value to collieries actually being worked at the present
moment.

Mr. Drummond Paton (Manchester) remarked that,
when dealing with the question of national resources of
the country, attention should be given to the fact that
there were millions of tons of inferior grades of coal
which were not used at all. The existing methods of
firing and utilising coal necessitated the use of certain
special qualities, and it would be interesting if Dr.
Hickling could collect such information as would enable
him to give some estimate of the value of bastard coals
and cannels in the Lancashire area.

Dr. Hickling replied that in his paper he had given
a slight hint in that direction. He agreed that at the
present time not only were we wasting a great deal of
coal by leaving it behind in the collieries, because owners
did not consider it worth while working (in other words,
it did not -pay)', but we were wasting, to a very large
extent, the coal actually taken out of the pits by not
using it in the most suitable way. In his opinion,
within the next 10 years or so, there would be an enor-
mous development in the utilisation of coal products of
all kinds, and it looked very much as though coal, merely
as a fuel, might before long come to be almost of less
value than coal as a raw material, out of which various
valuable products were obtained. At present practically
nothing was known as to the relative value of different
coals as raw materials for obtaining particular by-pro-
ducts. To a large extent coal was merely coal at the
present time, and that was the end of it, and a great
deal of research was required in the way of ascertaining
the most suitable ways of using special classes of coal.
In the first place, it would be necessary to attempt a
scientific classification of coals, which they were very
far from possessing at present, and then to make a
thorough study of the industrial possibilities of each
class. That opened out an enormous field for research,
and one which, in his opinion, was urgently required.

>, Mr. Stephenson (Wigan), referring to the great Wigan
' smash, pointed out that in the Wigan area the dip
i varied very largely from south to east. So great was.it,
! in fact, that what should have been a level turned out to
i be a downthrow.

■	Dr. Hickling observed that everything in that area-
i was so intensely disturbed that -they would get what
! might be described as a smooth run of coal measures

>	from one point to another, and then, as soon as they
crossed the fault, they got into an area where the whole
thing was topsy-turvy. Dips were discovered to almost
every point of the compass, but the general run was
north and south. The term “ Wigan smash ” was used
to emphasise the fact that the strip which included
Wigan was very greatly faulted; the whole structure of
that area was altered.

Mr. F. Siddall (Bolton) said it seemed to him that the
statement that, the dip was changed by the smash was
not true of the west side, though it may be of the east

■	side. The dip was south east from Pemberton to
; Golborne.

>	Mr. Dixon asked whether it was possible to appoint a
‘ small committee to deal with the matter of the survey

>	of the Lancashire coal field, and suggested that local

■	areas should be dealt with by the owners .in those areas.
* If managers and others interested could meet together
; and mark on an ordnance sheet all the known faults in
’ their respective districts and send them on to Dr.

Hickling they would prove of great service in the work
that gentleman had .in hand.

Dr. Hickling said the idea was a most excellent one,

■	and would be of great assistance to him if the members
could carry it out.

. Mr. Dixon stated that in his district there were a
: lot of faults other people did not know about, and he was
: quite prepared to give whatever information he had
. about them.

Mr. Pickup (Blackburn) observed that there might be
. individual instances where there was some objection to
; giving information, but in the bulk of cases he was
sure the owners would readily co-operate in any efforts
to make the work Dr. Hickling had undertaken a
: success.

The President remarked that a sub-committee had
already been appointed to deal with the matter, and
any suggestions made by the members of the . society
would be carefully considered. To his mind, the ques-
" tion was of such importance that it ought not to be
allowed to drop without some definite action being taken.
Papers such as Dr. Hickling had submitted to them
wakened them up to an appreciation of the fact that the
profession of coal mining was an interesting one. Per-
sonally, he failed to see why there should be so much
secrecy about information as to what was found in the
bowels of the earth. Secrets in connection with faults
discovered by individuals should become public property.
They did not really belong to those who found the
faults, because their influence extended far beyond the
boundaries of paricular collieries. He looked for a great
deal of information being obtained and placed- at he
disposal of Dr. Hickling, so that the greatest possible
advantage might be derived from it for the good, not
only of the county, but of the country generally. It
seemed to him that there was enough work arising out
of the knowledge constantly being obtained by dis-
coveries in connection with colliery workings to keep a
geologist busy at all times, and he hoped no secrets
would be kept from the committee which had been
formed. In.view of the importance of the subject it
was intended to keep the discussion open for some time
to come.

The annual general meeting of the Institution of
Mechanical Engineers will be held at the Institution of Civil
Engineers, Great George-street, Westminster, on Eriday,
the 18th inst., at 6 p.m. The annual report of the council
will be read, and a paper on “ Chisels ” will be contributed
by Mr. Henry Eowler.

LAW IMTELLICEHCE.

SUPREME COURT OF JUDICATURE.

COURT OF APPEAL.—February 5.

Before Lords Justices Bhillimore and Pickford, and Mr.
Justice Bray.

The Tonypandy Colliery Riots.

The Glamorgan Coal Company Limited and The Powell
Duffryn Steam Coal Company Limited v. Standing Joint
Committee of the Quarter Sessions and the Glamorgan
County Council.—Considered judgment was delivered in these
two appeals from the decision of Mr. Justice Bankes. In
each case the plaintiffs sued the Glamorganshire County
Council, the Standing Joint Committee of the Quarter Ses-
sions, and County Council of Glamorgan, and Capt. Lionel
Lindsay, Chief Constable of Glamorgan, and they claimed to
recover, in the first case, £23,346 11s. lid., and in the
second £2,022 7s. 7d., money spent on the provisioning and
housing of additional police while they were in South Wales,
where they were drafted to quell rioting in the Rhondda
Valley in October 1910. The plaintiffs relied on interviews
with Capt. Lindsay, who, it was alleged, gave an undertaking
that the expenditure would be reimbursed out of the County
Fund. In addition to the sums mentioned, the plaintiffs
claimed a declaration that the said sums were extraordinary
expenditure necessarily incurred by Capt. Lindsay in the
execution of his duty within the meaning of the County Police
Act, 1839, and that he was entitled to payment thereof out
of the County Fund. The defendants .denied the alleged
agreement, and said that the plaintiffs spent the money volun-
tarily, and on their own account, to protect their collieries.
Mr. Justice Bankes held that the expense was incurred by the
plaintiffs at the request of the Chief Constable, acting in that
capacity, and believing that he would get the authority of the
Standing Joint Committee for the repayment, that the request
was made in circumstances which implied a promise of
repayment, and that the plaintiffs were entitled to recover
against the Council and the Committee, but not against the
Chief Constable. The defendants were the appellants in the
present instance.

Lord Justice Phillimore, in his judgment, said that they
were all agreed that there was no reason for disturbing Mr.
Justice Bankes’s findings of fact. The matters for their
consideration were :—(1) As to the authority of the Chief
Constable to bind the County to pay for board and lodging
Glamorgan police, of generally aiding police, and of the
Metropolitan police; (2) the liability of the Standing Joint
Committee and of the County Council, either or both, to be
sued upon a contract made by the Chief Constable within
the scope of his authority; and (3) the form of the remedy
or judgment. As to the first point, it seemed to him that
the County Police Act, 1839, gave the justices authority
to contract, either by the Chief Constable or by some other
agent whom they might select, for all things necessary
for maintenance of their force. There was nothing in section
18 of that Act to prevent the county authorities from giving
or being held by the mere virtue of his appointment to give
to the chief constable authority to enter into necessary
contracts for feeding and housing county police who were
moved away from their stations or homes. He also held
that the plaintiffs were entitled to recover for lodging and
feeding the general aiding police, but he said that the posi-
tion as to the Metropolitan police was different. They were
not brought in under an aiding agreement; they were
sent by the Home Secretary on his mere motion, and the
subsequent agreements made some days after their arrival
were mere forms. The Home Secretary had given up the
attempt to insist upon them. As soon as ever it was known
that there were agreements between the Commissioner and
the Chief Constable purporting to provide for the employment
of the Metropolitan police, the Standing Joint Committee
repudiated these agreements and any liability for the pay or
maintenance of the Metropolitan police. There could be no
direct remedy against the Standing Joint Committee or
the County Council upon the contract supposed to be made
to pay for the board and lodging of the Metropolitan police.
As to the second point, on a consideration of the Statutes,
it resulted that the County Council could make contracts and
could sue and be sued in respect, at any rate, of such
matters as would not come within the cognisance of the
Standing Joint Committee, and that the Standing Joint
Committee could either itself enter into contracts or
direct the County Council to enter into contracts for the
Standing Joint Committee. But as the Standing Joint Com-
mittee was not a body corporate and had not a common seal,
it seemed to him that all contracts requiring to be under
seal, and all conveyances by or to the county authorities
must be made by or to the County Council. In his opinion
the actions were rightly brought against the County Council.
As to the form of the remedy or judgment he thought that
the orders or judgments of the Court below must be varied,
and that the proper form of order to make in either action
was as follows :—Allow the appeal, vary order of the Court
below; decide in favour of the plaintiffs against the
defendants, the Standing Joint Committee and the County
Council on the questions of liability raised on the pleadings
so far as they related to police other than Metropolitan
police, and against the plaintiffs and in favour of the
defendants so far as these questions related to the Metro-
politan police. Declare that the defendants, the Standing
Joint Committee, are liable for the expenditure incurred by
the plaintiffs as in the pleadings mentioned in respect of the
police other than the Metropolitan police, but not in respect
of the Metropolitan police. Refer the claim of the plaintiffs
to an Official Referee unless otherwise arranged, to ascertain
the true amount thereof. Direct judgment to be entered in
favour of the plaintiffs against the defendants for the amount
when ascertained. ’ Order that the costs in the Court below
be the plaintiff’s in any event, and that the costs of the
reference abide the order of the Official Referee, and that
there be no costs of the appeal. In conclusion, his lordship
expressed the opinion that this dispute was due to the action
of the Home Secretary, and he regretted that in haste and
apparently with imperfect knowledge of the law, or under
erroneous legal advice, he should have taken the steps and
made the representations which he made. Nor could he pass
over the contention frequently made in the course of the
proceedings that it was the duty of the plaintiffs to protect
themselves against rioters. Such a contention struck at
the basis of all civilised society, and logically led to
private war.

Lord Justice Bickford delivered judgment to the same
effect.

Lord Justice Bickford read the judgment of Mr. Justice
Bray, arriving at the same conclusion.