MAGISTRATE’S COURT

Greymouth Evening Star, 26 July 1923, Page 7

MAGISTRATE’S COURT

MINE MANAGER FINED. (Own Correspondent.) REEFTON, July 26. At the Magistrate’s Court, yesterday, before Mr. W. Meldrum S.M. C. J.’Strongman, Inspector of Coal Mines proceeded against R. Currie for a breach of the Coal Mines Act. Mr. Kitchingham appeared for the Department. .Accused pleaded guilty, and was convicted and ordered to pay costs 7s.

C. J. Strongman (Mr. Kitchingham) proceeded against E. W. latley (Mr. Patterson) who was charged with three bicaches of the Coal Mines Act. The three charges were taken together. Mr. Kitchingham said that the case arose out of the recent fatal accident at Bourke’s Creek. The Manager, Mr. Tatley was also business manager, as well as mine manager. When he began two shifts he should have appointed a deputy or underviewer to lock after underground workings. The first intimation was laid under special Rule 22, the second under 40. Mo contended that it was the duty of the mine manager or the underviewer to be in the mine practically the, whole time. Deputies were also, under section 10 of the 1922 amendment, to inspect the mine two hours before work was commenced, before each shift went on. In this case the manager was acting as foreman deputy. ‘C. J. Strongman giving evidence said : On May 8, Tatley said he was starting a back shift and had been unable to get a deputy, about 18 men were employed. He had no difficulty in getting a deputy. The binns at the Reefton Mine were about three quarters of a mile from the mine mouth. I was present at the. inquest on the late A. Wells. The accident was not due to neglect of duties, but there should have been one deputy on day and one on the afternoon shift to carry on efficiently. To Mt. Patterson: He had acted as Deputy Inspector for four months. Tie found that Reefton Mines were being worked under “permitted” men. This allowed a mine to be worked with four men. He had not directly objected to mines in Reefton being worked without deputies, but had reported this to headquarters. Tatley should have had two deputies, as he acted as general manager. Witness had been at the mine on the day of the accident and inspected the working places. Tins took about one hour. lie reported the mines as satisfactory and well up to the standard. He thought that the working of two shifts then was a temporary measure to produce rush order of coal.

F. Provis said that he was employed at the mine on May 8, knocked off at 4. He did not see Tatley between 2 and 4 p.m. To Mr. Patterson: He had been working there some time. The usual practice was to go to the smithy and wait for the manager to report that all ■was safe before going into the mine. Everything in that particular place was sound and good; plenty of timber and everything. Richard Currie said that he was employed in Reef ton. Coal Mine on May 8. He met Tatley at the binns and simply passed on. There was no examination board at the mine mouth. Ho saw Tatley about 3.30 and next about 6.30 p.m. He took it for granted that everything was right. He knew of thq regulation, but left it to his mate. He always got word in the morning before going into the mine. It was the second shift when the accident occurred. To. Mr. Patterson : He was in the habit of going into the smithy. Wells was tlio leading miner, and he was under his instructions really. Day and afternoon shifts had been worked some weeks previously. To Mr. Kitchingham : On every previous occasion they had received intimation that everything was all right. He did not hear this on May 8. He was not standing far away. F. A. Bain, Chief Inspector of Coal Mines said that he thought it was not possible for Tatley to do all he was doing and keep within the Act. He required a. deputy on each shift. There must be an official underground the whole time, looking after the safety of the men. That was the invariable practice. The deputy would also supervise tho work. 'To Mr. Patterson: He would object to a manager working time snil'ts without a deputy. It was not practicable. The Reefton Mines had been worked in an intermittent way.

Mr. Patterson contended that Mr. Tatley had taken all reasonable precautions. This was the only fatal accident that had taken place in Reeften for 40 years, and this one ho held could not have been contraverted. Tho men had waited on previous occasions, and had they waited the inspection would have been carried out by Mr. Tatley. Tatley took all reasonable means to complete the inspection of the mine, and quoted in concluding, sub-section of section 40 of the Coal Mines Act, 1908 in support. Previous to October last an inspection was only demanded by the Act once in 24 hours. Mr. Kitchingham pointed out this was enforced in 1919. Mr. Meldrum said the Act was in force and therefore had to be abided by . Mr. Patterson said that an appointment of a deputy was made at noon on May 8 of Mr. Harry. A previous appointment was made on May 8, but the man failed to arrive.

E. AV. Tattley, mine manager of Reef ton Colliery, said that he held a first class mine manager’s certificate. He took the mine over on January 19. It was then not in a position to put out more than 15 tons per day. It then had two working faces open. He had employed two shifts in the mine for about 8 days from April 10, to 19, and carried out the. duties of deputy. The men then had to remain at ihe blacksmith’s shop until the mine was examined. This was the universal arrangement. He had only a certified shot-firer previous to the accident. Pettigrew and AVillis did the screening. They had charge of outside operations subject to his supervision. It was not necessary for witness to he at the binns. He wired Tansey oil May 2, that the position of deputy was open. He replied on Afay 4 or 5, saying he was engaged. AVitness took steps immediately io get All-. Harry, who arrived the day after the accident and commenced as soon as the mine was opened. Witness made an inspection of the mTiio with the Inspector on the day of the accident. The Inspector made no objections re. working of mine. No deputies wore available on Reefton held at that time. It was customary m small mines for the manager to act as deputy. He visited the place whore the accident occurred about h , (l ii that day. The AWirkers’lnspector was also present. AVitness told Strongman ho was trying to got a deputy. lie saw Wells. and Currie go by. Nothing was said to them. I le got to the mine at. 4.15 and found the nie.n had gone in. To Air. Kitchingham: lie had .18 mi n working on the day of the accident on the’two shifts. Everything was under his supervision. He was at the binns twice that flay. These wore 33 chains away and he could walk I hat distance in live minutes. He

was at the binns that, day owing to the fact that trucks were wanted for the afternoon shift. He took steps to get a deputy when trade, increased. He engaged Harry as deputy before the accident. Leslie Harry, holder of an underviewer’s ticket, and was deputy at the Beefton Coal Company’s Mme, said that he received word to come to Reelton at noon on May 8. To Mr. Kitchingham: He had partial pass as underviewer when position at Reefton was offered him, and completed the examination iater at AAestP< To Air. Patterson : He had passed in first aid for mine manager’s certificate. He received permission from the Coal Mines Inspector to act as underviewer. The S.AI. said there was no doubt the Reefton Coal Company was overworking their manager. There had been a distinct breach of the Alines Act. It was absolutely necessary that the provisions of the Act were complied with. There had been a breach in that the mine had not been inspected on the afternoon of. Afay 8. The defendant would be convicted on two informations, one of a breach of section 10'of the Act 1922 for not having properly inspected the. mine before the afternoon shift went on, and the other with not having appointed a loreman deputy at the time on the first (the main) offence. He was convicted and lined £5, on the second, convicted and ordered to pay costs. The third information was dismissed.

AVARDEN’S COURT. (Before. Air. AY. Alcldrum S.AI. .‘Warden). pldtcat ti>ns :— — \v‘. AlcA'icar, oidinarv prospecting license. —Granted. I). A. McViear, —Ordinary prospecting license. —Granted. Eerndale-Timaru Coal Company. — Sawmill license. Air. Lawry, for applicant, slated the area objected to l>y the State Forest Department had n<>w been cut out of ihe application. The Warden did not consider it necessary Io put up a. bond. Application gi-anled, less Hie Slate Forest. In Hie case Receiver of gold revenue v E. W. Archer, judgment was given, lor £l9 10s and costs.