THE BRUNNER MINE.

New Zealand Mail, Issue 1367, 12 May 1898, Page 19

THE BRUNNER MINE.

The chairman of the Greymouth Harbour Board (Mr Felix Campbell) telegraphed to the Premier, with reference to the Bruhner mine litigation, in the following terms:—"Greymouth Harbour Board at meeting last night authorised me, as ohairman of Board, to communicate with you respecting the great injury that is being done to the Harbour Board and to this district generally by the stoppage of works at Brunner mine; and also to ask you to kindly use your influence with the parties responsible for the present crisis, with a view of bringing about resumption of work at Brunner mine forthwith." Mr Seddon replied : " Concur with Board that serious injury to mine, district and colony must result from stoppage of work at mines, but matters being now before the Courts and in the hands of the lawyers Government cannot interfere. It is for the parties themselves to evolve a modus viv&ndi. Deeply regret so many men should be thrown out of employment and through no fault of their own. It is difficult to determine the personal from the official, and seeing that the Minister of Mines may have to act outside both parties and protect the rights of the State, I do not think it prudent to use my influence as suggested or to have anything to do with the affairs beyond seeing that the colony's interests are considered." A newspaper correspondent writes :-f " There is little Or no sympathy shown for the widows now • in fact, those who brought the actions are about the besthated people in Brunner to-day. Already the widows are looked upon as the owners of the mines. One particularly smart youth went to one of the most prominent the Other day and asked leave to go to work the following morning. Needless to say he was chased with the broomhandle."

The special ease "George Geoghegan and others v. the Grey mouth-Point Elizabeth Railway and Coal Company, Limited, and the Hon Arthur George Brand and George Macdonald" has been filed in the Court of Appeal, but no arrangement has yet been made as to when it shall come on for argument. The question to be decided is whether the debenture-holders have priorityof lien on the company's property over the successful plaintiffs in the actions against the company in which the Chief Justice recently delivered judgment. A report on the Brunner. mine has been made by the Government Mining Inspector and has been considered by the Government.

The inspector reports that if the mine is kept idle for a few months a considerable expenditure must be incurred to keep it in working order in consequence of the pressure of a large area of exhausted ground. This refers to the old part of the mines. As to what is known as the Rise mine he says the coal is more friable than in the main, mine, and is subject to severe pressure from the superincumbent strata being exposed to the cliff, and the soft fireclay that underlies the coal tends to yield easily , to the pressure, and is very material to the cost of production and keeping of roads. He says that the workings on one incline are completely crushed together, and should the present state of things continue for a few weeks a very considerable area of coal

must'be lost. The management, he says, has shown no laxity in keeping the various works in good repair as far as practicable. The employees in connection with the outside works are all idle, with the exception of those employed pumping and baling.

The Minister of Mines will intimate to the parties that serious injury is being done, and will take steps to conserve the colony's interests, and see that the conditions of the lease are complied with. We understand the Minister of Mines intends to take steps to call upon the parties to the litigation to remove the embargo which prevents the mine being worked, in accordance with the terms of the lease. The Government has also had under consideration the representations of the Wellington Chamber of Commerce respecting the legal position in regard to accidents in coal -mines, and it has been decided to ask Parliament to pass amending legislation next session in the direction sug- , gested by the Chamber of Commerce, [ viz., " such an alteration as, while safeguarding the interests of miners and their families, would relieve mine-owners (from the position they are now placed in of having to prove affirmatively the cause of an accident or pay damages," and also to fix the maximum amount recoverable as damages on the lines laid down in Imperial legislation. In Chambers at the Supreme Court on Monday, the Chief Justice dealt with certain matters reserved in connection with his judgment in the actions for damages brought against the Greymouth - Point Elizabeth Coal and Railway Company by representatives of men and youths killed by the explosion in the Brunner mine. Mr Jellicoe appeared for the plaintiffs, and Mr Gaily for the company. The damages awarded to Mrs Mclvor were by consent increased by £IOO. Counsel pointed out ithat the joining of two causes of action had *been agreed to. His Honor also, by consent, added to the amount recovered by Mrs McCluskie .£IOO on account of a youth whose age was shown to be 19 instead of 14. In each of these cases .£3O was allowed for costs. The question of the payment of the costs of the abortive Supreme Court trial at Hokitika was further reserved.

I Mr E. G. Pilcher, secretary of the com•pany, was examined in respect of an application mado on behalf of the success ful plaintiffs for charging orders on the debts of the company. He stated that a considerable amount was owing to the company from, among others, the Government and the Dunedin Corporation. The debts were, however, subject to certain deductions, of which he was not in a position to give particulars without consulting the books of the company. The plant and machinery of the mine were in February'valued by the mine manager at .£7OOO, as a going concern. The examination was adjourned till to-day. The special case to decide whether the debenture-holders, as secured mortgagees, have priority of lien on the mine and plant, will be taken by the Court of Appeal on the conclusion Of argument in the case Allardice and Tanner, now being heard. In this case the successful plaintiffs invoke the Mines Act, which they contend gives them a statutory lien on the mine.

It is understood that a second special case will be stated to dispose of the question of whether the company's book debts are charged to =the debenture-holders as security as well as the mine and plant.