THE ARBITRATORS AGREE

Auckland Star, Volume XLVI, Issue 280, 24 November 1915, Page 6

THE ARBITRATORS AGREE

THAT HUNTLY IS SAFE. A THIRD OUTLET NECESSARY AT THE EXTENDED MINE. OLD WORKINGS TO BE SEALED* - The arbitrators appointed to consider the contention of the Mines Department that an additional outlet was necessary at the Taupiri Extended mine at Huntly, gave their award this morning. The Inspector of Mines notified the Taupiri Coalmines, Limited, under section 56 of the Coalmines Act, " to remedy the dangerous condition of the mine by providing forthwith an additional outlet in the vicinity of your most distant northerly workings, as the two existing shafts which arc in proximity are inadequate and defective as means of egress under the conditions existing at the Taupiri Extended colliery." The danger was alleged to lie in the liability of the mine to sudden inundation through the old under-lakc and underriver workings. The company objected to the proposed remedy, and a Statutory Court was set I up, with Messrs. Robert McEwan, of . Huntly, and Walter Leitch, of Blackball, as arbitrators for the Department and the company respectively, and his Honor Mr. Justice Cooper as Umpire. The award of the arbitrators was given in the following terms: — (1) That no such dangerous or defective condition of the Taupiri Extended Colliery has been proved as will render j necessary the additional outlet to the I surface from the said colliery required iby the said Inspector in the said notice; ana that the two existing shafts in the said colliery are not inadequate and de- ; fective as means of egress under the conI ditions existing at the said colliery. (2) Each party shall pay his and its own costs of the reference. (3) The costs incidental to theappoint- | ment of the umpire shall be paid equally Iby the parties to the arbitration. Signed by the said Robert McEwau j and Walter Leitch, in the presence of jR. Mackay, Judge's Associate, Auckland.

MEMORANDUM BY ARBITRATORS.

WORKINGS UNDER THE LAKE. After fully considering the evidence adduced by the parties in this arbitration, and examining the workings, we •desire to state (the arbitrators say in in a memorandum to their report) that we both agree that if hydraulic packing is resorted to in that portion of the old workings of the Taupiri Extended Colliery (delineated by red lines and hatching on plan annexed, and approximately in length about 25 chains and in width about 4 chains), namely, about three rhnins outside the margin of the lake, and one chain inside tho margin of the lake, as such packing will, we consider, effectually seal up the workings under the lake and prevent any danger of the inundation of the mine from falls or subsidence in. tbfvundertake..workings. Wp Riiggest thnt this course be adopted' by the company. WORKINGS UNDER THE RIVER. As to the workings under the river, after considering the evidence, and Hiving examined the workings under the river affected by this inquiry, we are also agreed that this part of the workings is quite safe, but we suggest that any part where a road is cut through a fault, the same should be properly secured by iron girders and supports, as timber appears to soon decay and becomes quite ineffective. An instance of this is to be found in the timber at the subsidence. We strongly urge upon the Inspector and the Company the advisability of n conference between them for the purpose of discussing fullj- the suggestions wo have made. < MEMORANDUM BY THE UMPIRE i The arbitrators having, agreed upon their award, the necessity for the exercise of my jurisdiction as Umpire has not arisen (stated Mr. Justice Cooper). But I desire to say that I support the suggestion of the arbitrators in reference to the workings contiguous to and under Lake Hakanoa, and also the suggestion i they have made in reference to the workings under the river. I also strongly support their recommendation for a conference between the Inspector and the company in reference to these suggestions. A TRIBUTE TO COUNSEL. Mr. Justice Cooper, having delivered the award, said that the arbitrators desired to say how very greatly they had been assisted by counsel engaged in the proceedings, Mr P. S. K.Macasscy, for the Department, and Mr. C. P. Skerrett, K.C., and Mr. C. J. Tunks for the Taupiri Coal Mines, Ltd. It had been a long and trying case, and it had been conducted with the utmost good feeling. The arbitrators had devoted themselves very closely to the question, and had, in his Honor's opinion, arrived at a just and I equitable determination ■of the dispute. I His Honor wished to thank counsel for their assistance. He particularly congratulated Mr. Macassey, who had conducted his case very capably indeed, considering the very difficult position he had been placed in. Mr. McEwan took occasion to express the obligation of the arbitrators to Mr. Jut-ticc Cooper for valuable assistance leccived from him oh legal' points. —— —