THE NIGHTCAPS DISASTER

Otago Daily Times, Issue 13998, 3 September 1907, Page 2

THE NIGHTCAPS DISASTER

SITTING "OP THE ROYAL COMMISSION, OPENING OP EVIDENCE. INSPECTOR 03? JUNES EXAMINED. (Bv Oto Social ltoomuß.) ItfVERTON, September 2. The second day's sitting of tho Royal Commission appointed to. inquire info tho disaster at Nighfcaps on June 21 was held to-day. The commissioners two District Judge Haselderi, Messrs H. .T. H. Kliotfc, 11. A. Gordon, and A. Forbes. There were also present Messra E. R. Groon (Inspector of Mines), R. M'lntosh (Assistant Inspector of Mines), F. Beed (Inspecting'. Engineer of Mines), (managing director of the Nightcaps Coal Co.), J. Lloyd (mine manager), and A. Jaolcson (secretary of the Nightcap branch of the Otago Coal Miners' Union).' Mr A. 0. Hanlon appeared for the" company, Mr T. M. Macdona-ld for the Mines Department, and Mr \Y. Macalister for the Coal Miners' Union. THE ORDER. OF BUSINESS. Mr Macalister said "that ho hs/d road the reports given in tk press., ol tho opening of the Commission'on Friday. It occurred to him that some misunderstanding had arisen as to how tho Commission had cornc to be appointed. His' instructions were to the effect that no application had been mado for the Commission, by tho Coal Minors' Union. He understood that after the disaster occurred and tho coroner's inquiry was held tho Coal Miners' Union directed the attention of the Government to the rider attached by the jury as to Uio accident. Ho understood then that' the Government had deemed it necessary, in consequence of what had come to light, tfcat. a commission should be: appointed to make a thorough investigation of all the" circumstances surrounding -the disaster, and to make recommendations to tlio Government. It had been stated Io tho Commission by Mr Macdonnkl that he represented the Mines Department, and "that his instructions were morely to wiiliih the proceedings on behalf of the department. He (Mr Macalister) protested against, tho department taking up (list altitude. The Oliairman said, lie did not nndcr- , stand Mr Macdorittld. to. sly. J»e was .merely. watching tji?,-; procooiiiiijts. It' bd been • .aijreed 'that, linJesS Mr' Macalister was'prepared and willing to undertake the opening of' the proeeadinßs, Mr' Macdonakl would open and "lead .'the evidence that he t thought h«t fitted to inform the Commissioners on all the matters they ought- < to be informed on. Mr Macalister rcrnarltod - that -'it had heon reported that Mr Mp.cdonald had taken lip the attitude which he had described.

Mr Macdotiald pointed 'out that this was not. the attitude he took up. He mentioned incidentally in course of tho. discussion that ho submitted himself entirely to tho Commission. If it wished him to-open the ( evidence he was prepared to do so. However, he had expressed the opinion decidedly that- those persons who had asked for the-Commission should commence. He was prepared to do just what the Commission a.?kod him to do..

Mr Macalister explained Hint lio did not complain of tile attitude Mr Macdonald had taken up, but of that (niton up by the department. What. lie found fault with was in it having instructed the Grown Solicitor merely to watch the proceedings. The Commission had ' been appointed "to make a thorough' investigation of all the circumstances, connected with- the disaster. Mr Macdonald. had been backed up' by Mr Hanlon in the; proposal regarding the order of business, ni)d it seemed that (lie whole of the burden' of procedure was to, lie put l on the miners. The remark Mr' Hanlon had made,was flint those who were prn?ccntim: ought to begin, or some wordsto that eiTcct, It was just as well now that they phould clearly understand, because it was not. merely, a matter of procedure. His clients' u'ished to linder.-tr.nd exactly what position the department took up in this inquiry.' They, would notice ; that the Commission covered a number cf subjects, one being to determine the "competency of Die Inspector of Mines and the' value of, the inspection- of'-. mines, also 'the. competency of the mine manager, alid to inquire about the management of the mine. He realised that, tlio'.Commission was perfectly independent of the department; and. that the Government'was just as'anxious as the Coal Miners' Union thai, the inquiry should- be niade fairly and exhaustively. He had understood that Mr Macdonald would take the carriage the proceedings. Those \V!io were present, he took il. were willing to assist him in getting right to the bottom of the whole matter. Ho would like to know precisely what attitude Mr Macdonald took up. Was hrrcprosfintin# the Inspector of Mines, or. was the. Inspector Mines 'represented by somciwdy clso? This tfas ,au extremely, important, matter, because the inspection of mines was one'of the questions to bo inquired into. Did' the department stand ; behind the Inspector of Mines? Did it shield him, or what was the positioh' of: the department? His : clients inade no eHarpcs what,ever. They wished to find out if there was any blame attachable to anyone, and, if so, they wished lo slleot it homo. If the dc pnrtmciit was prepared lo co-operate with them in doing .this, it was not. a mere matter of procedure. Mr Macdonald: I have stated that I represent, tho Mines Department, and the only way the Mines Department is con- I ncctod with a mine is through the inspector. Therefore, in a, manner I am representing the Inspector of Mines; I am appcaviiip for the [Department of Mines, acting under instructions from t.ho head office* Continuing, Mr Macdonald said he would pro- ■ .duco evidence if the Commission wished him to begin. As he said before, he was entirely subject to tho direction of the Commission in this matter. As far as cooperation was concerned, they. were, all •present io assist, the Commission. , There wore no partic-s to ttese proceedings;- there vvcto. no plaintiffs" or dbfcmlania. -■: '. STATEMENT BY THE CHAIRMAN, ' ..The' ' Chairman^- 'Perhaps it vvo.tild be convenient if 'I were' to fixpross- the' position ,t.ho Commissioners take up .in. the Tiiattor. Whether tho parties - who aro now represented at the bar appear by counsel or not, the Commissioners will to

the best of their ability, thoroughly inquiro into every branch as directed by the terms of their commission., and. if thev are forced to dv> iio, they will.of thejr own mot,ion summon witnesses lintl cxiimTho then) themselves, and they will not. leave their labours until they believe fliitt litey' have exhausted every useful inquiry. They look to the learned gentlemen who appear here to-day for assistance. It is not of the first im-

portance who should but there is certain comriion ground known . to nil parlies, from the ovidencs taken at tho. inoust, which must be, as it were, the foundtion of our inquiry,'- and it woiild lie useful to linsin in Vlmt, way with the common ground. I have no doubt fiat, as tlie evidence proceeds. different questions ivill arise. A piece of evidence may appear at first sight to affect ' some individual's chnraetor or actions. That individual will naturally desire, and it is only, right

t-liat- ho should have tho opportunity, to call other evidence to. show that there is another aspect perhaps to h)3 actions or his character, as the caso may be, and bo the inquiry will proceed. There will be no formal conclusion to a caoo for any particular party. It will go on from the beginning to tho ond with all parties l'.av- : mg every opportunity wo can give them sifting everything to tho 'bottom. If this suggestion Jiiceta with tho consent of counsel, I think it would prove tho easiest way of procedure that Mr Macdcnuld should begin by calling tho moro formal evidence. For instance,' if ho would call the' managing director o! the Nighteapts Company to givo tho information which wo must obtain sooner or later aa to tho terms on which tho property is held by tho company, whothsr freehold or leasehold, the conditions of mining, royalty, and all the other matters that are touched upon in tho report of the former commission, . then the evidence could bo taken relating to tho loss of life whioh occurred on Juno 21, and as we arc not going to rash this thing through t-horo will bo r.o ohanco of anyone being taken by surprise or of omitting to . call ovidenee which if thoy had had sufficient tiffio they would havo called, I think if wo begin in that Way it would ho a" smooth bigintung, and I trust that tho proceedings throughout wiil run smoothly, and thait tlio ono desire on all sides will be just to got at tho truth and nothing else. I would .suggest then that, somebody should be called who would prothioo and verify, plans. I understand than plana on a somewhat -largo eoalo have been prepared, and it wilt be convoniciit if they tiro put in as soon as possible and explained. Mr Macdonald said ho entirely concurred with the viows tho chairman had so admirably expressed, and would at once call Mr Handyside. MANAGING DIRECTOR IN THE BOS. William Handyside stated that ho was managing director of tho Night-capo Coal Mining Company. (Limited), a company duly registered under the Companies Act. Tho company was registered in 1£99, hat before -that'for- many years they were 3a-rrying on as , an unregistered firm. Operations • were _ started in 18S0. Witness was managing -partrter of the firm beforo. the company was registered. Ho wd been managing dircotor over. rinco the •cgist-ration of the company. Tho capital sf the company s,'ta £30,000, paid up in 'nil. Tho property of the, company counted .of. about 500 ccrca of land (freehold) it Night.cacs, including tho railwiy freewill from Wairfe.to Nightcaps, with sidags haying a length of throe sniles.' Thoy iad ako a lenso of about 15 acres of and from tho Crown, of which 10 bad been rorked out. Thoy had h-f.d the leasehold sight or nine years. THa leasehold was ]»ld under coal mino lease. The company i!so held rather more or Jess than 500 teres at Hokonui, which they had not legim to work. Tho quantity of coal itfeined Worn the iflilie up to the end of :9P6, as shown by tho coal mines report-, vas 51?,439 tons. The investments were lot remunerative to the shareholders, for ho first IB years, lrnt they bnd been doing 1 70tier since that period. Tho rot-urn hat" tho shareholders had received since I he expiration of the first 18 years averted about 7 or 0 per cent-. There was 10 formal Reserve Fund. At the. present he' coal produced from the mine was irdiniuy brown pitch, coal, f-omewhe.t imiiar' to that obtained at K-nitangata. i'nag Point, and Allandale. Tho oompany feposed of it all over Southland, obtaining lifferent- .prioM. The avoragc all round vould be something over Pa a- ton. The Chairman: Wh»ro-? ■Witness: At Nightcaps, on the truck, continuing, witness said the company supilied the Government- under a. contract, t- had supplied the Government lor 25 ear?. All the Inverca-rgill merchants sold ho coal, and the company had no disribuling carts. The coal could ho bought •i tho Ilorousrh of Invercargill, and could in delivered for cash at £1 ipcr* ton. The ailago to Invereargill was 4s lid pctf ton. 'ho company's output varied from month a month, but was about 4000 tons. The lumber of men vft-ried fi'onl 80 to 100. 'his depended entirely upon tho season, of ho vear. Different rates of payment preailed. Some of tho inftn were paid on onnaga and so;no on daV waEf&S. Tho verago rate on tonnage was 2s per on. Tho company had trtickors. The linora on day wngeS received 10s ft day, ho boys from 3s 6d to fa 6cV blacksmiths ot from 10s to lis, r,nd the striker 63, lie engine-drivers got from 6s to 10s. ■uckera from • ss. to 7a, • miners .10s, and

deputies and nnderviewers got more. Tho deputy (Mr Duncan), who was killed in No. 1, got lis 6d, William Jaidino lis, and tho underground viewer 14s per day. Thcro wcg 'an industrial, agreement be-

ttt'een tho company and tho union. Tho company had not made any spccial rules and regulations in reference _ to the management of tho mine in addition to theso provided by law. He could only speak regarding tho prestations taken for tho safety of those working'in tho mino from what ho'had seen from time to time. Mr Lloyd had been manager of the mino for 26 years, and had only lost threo lives before tho recent disaster—all eases o£ pure accident, For tho first ,i 9 years they lost no lives at all. They trusted entirely to Mr Lloyd. Thoy had always carricd out Mr Lloyd's requisitions. Ho had whatever ho' wanted. Mr Lloyd's salary at tho

time of the disaster was £30 a month, with occasional bonuses. Ho had sinco the disaster been reduced to £25'por month.

To Mr M'Alietor: Thoro had bcon no understanding with Mr Lloyd that lio should rcccivc bonuses. These wero given entirely at the option of tho company. Ho had rccoivod probably font or five tonuses io tho.last five or six years. Witness was not sura of tho amount. Tho objcot of tho bonus was as an inducement to do good work. Whother a bonus wore given or not depended largely on tho year's financial results. It was tho usual custom in coal mining to encourage a man who rae doing well. No other considerations camo in to determine whether ho should rccoivo a bonus or not.

To Miiffliott; "Witness first heard of tho disaster that took placo on Juno 21 (tho same day) by telephone. 110 waG in telcphonio communication with tho mine. ■ He lad hoard bofore that there was a firo in tho mine, but ha understood that thoro was little or nothing in it. It was not giving, trouble or anxiety. It was an incipient firs. After ho heard of tho disaster ho gave no special instructions to tho mino manager, who was quibo capable of doing .tho right thing.. He wired to tho Minister and Inspector of Mines, a 6 required by the act.' To Mr Forbes: He could not say how long it was beforo tho disaster that ho first heard of thero being a firo in tho' mine. It might havo boon some few weeks. He could not be suro to a week or two. Ho had formod the theory that tho sovoro earthquake on tile previous Tuesday might havo ..had something to do with tlis oauso of the disaster by loosening the Giirface. Ho could not say whether any other por-

tion of Nightcaps was interfered 1 with by tho earthquake. There was not much coyer over tho part of tho mine where tho firo W26—not more than from 60ft to 70fK This shallow covoring would bo more, likely to bo affected than. any other portion of tho mine. lie know of no buiWings boing affected. He could not say whether any men were working in tho mino at tho time of tho earthquake. To tho Chairman: He had not seen smolco coming to tho surface front tho mine for four years beforo tho disaster. Ho was frequently at tlio' mino.

To Mr Hanlon: Tho amount of compensation paid'by tho'company to. the representatives of persons who wero killed at tho mino during tho disaster was £2425, besides, .a sum of £100 subscribed immediately afler . tho disaster and .More .the company understood that proceedings were boing instituted against it. Tho sum of, 32425.was apportioned aa follows:—"Widow and children of 'William Duncan, £900;' widow' and children of William Carson, £900; children.of Patrick Walsh, £400; Mr S. . Solomon (solicitor for tho claimants), £225. The £100 was still in tho bank, along with other public subscriptions. This had not been apportioned yet. MINES INSPECTOR'S EVIDENCE.

Edward Ridley Green (Inspector of Mines fgr tho southern. district. oE Now Zealand) (Stated^-that a certain plan,. now produced, was tho plan supplied to him by tho Nightcaps Company. under tho set. tla had not yet had an opportunity of cosiwring tho section of the plan on tho board with tho plan he now produced, but ho believed it to bo .accurate. Tho plan wis brought, up to January 13, 1907, and was prepared by Mr T. &. Millar, authorised surveyor, of Invcrcargill. . To tho Chairman: It accorded with tho msdergroimd workings of tho minOj to tho best of his knowledge.' Ho had not received a plan , for the last six months. The plan was sent by the surveyor from tho mine, and was kept in witness's offico in Duncxtin. When informed that a survey had taken ■place it' was his custom to forward tho plan •to the 'mino surveyor that'it might be .extoitdcd. Ho had not yet inquired Why tLo Nightcaps Coal Company had not. rent the plan. Almost the last thing _ before leaving, Dunodin to, attend the sittings of tho Commission lie had circularised mines whoso plans wore in arrears. He did not, send to tho Nightcaps Company then, as by tar .tho laTger portion of tho mino was closod down, and could 1 not be, entered, and tho remaining portion now being worked was already traced on the plan. To Mr : Macalister: Tho plan produced was a'certified copy of the original plan, which- was hopt by the company. : Mr Millar's signature was on the plan now before them—a document which had been in witness's possession since the 25th of

February, 1907. ■Mr Macalister: Do' I understand that it is the practice to have the plan added to every six months, in accordance with tho act-?—No, not op all occasions. The custom has been to send Ihs plan to my office once a year. Mr Mocalister: Why?—A laTgc proportion of tho coal produced from this mine is produced, from tlio open cast or pillared ground, of which-a. plan is not required; and from the No. 2 section of the mine, which is already shown on, the plan,^ Tho, Chairman: -You have not a board of

amateurs entirely. All your evidence is being taken dott'fl, and you will have to sign every page of it. Witness: lam not afraid.of signing it.

I will sign every page without fear. The Chairman: How can you hew a yard into any bord without in some degree altering the plan if the' plan is to be made to accord with tho workirigs? Witness: Mr Macalister asked-me why, and I have given my reason. I was going to add that only a sirtall portion of work had been done up to the date of the plan in No. 1 section, and I did not think it necessary to put tho company to the expense of having a survey madfe every halfyear of that, portion of the mine, which was well knowii to myself and to all concerned.

Mr Macalistor: Toil Imdtv that section 51 of the Coal Mines Act of 1905 requited the survey to bo made every six months? — I knew that. To Mr Macalister, witness said lie was appointed to his present position on Notember 1, 1899. Mr Macalister: Does tlio reason given by you for disregarding the provisions of the act. apply to the wholo of tho period from 18S9?—To a greater or lesser extent. ■ Mr Macalister: You know that as Inspector Of Mines it was your duty lo see that tho provisions of tho act were carried out?—l reaJise that- thoroughly. Mr Macalister: I understand, then, you arrogate to yourself tho right to say when the provisions of the act should be'enforced and when not?— Not so. ' ' ■ Mr Macalister: Have you not oecidod that in this instance?—l have used discrimination in this instance. Mr -Macalister.: And the reason you gave us in this ihstancii for disregarding the act was to save t-ho company tho expenso of making a survey?— That was one of numerous reasons.

Mr Macalister: You claim, _ then, tho right of saying when the provisions of tlio act- shall ho enforced and when not?—l' do not Mr Macalistor: Have you used tho same discrimination in regard to any other sections of the act that you ha-vo in regard to scction 51?— I am not awaro of any. Mr Macalister: You admit that sect,ion 51 of the act should liavo been complied with- hv the Nightcaps Coal Company?— Yes. Tho company should havo oomplied with this provision had thoy wished to keep themselves striotly within tho four corners of the laWi I stato that it is not an admission.

Mr Macalister: The company lii not complyihK wit-li the provision cohiiiiitted a broach of the act —that is plain?—lt mly ho considered so.

Mr Maciilistcr: Is it not plain tli.it it is, Mr Green?—lt may be considered so. That is my answer. Mr Macalister '• And it was your duty to see that the company complied with the act?— That is my duty. Mr Jlacalister: It. is quite dear, then, that in this matter yon have failed in your <lntv?—No, sir. Mr Macalister: What are your other reasons iil disregarding section 51 of tho act?—Tf you look at the plan of the rniho you will see that the work added thereto annually occDnics a very small portiofi of thrt area of ground being worked. I will go further, and say an ijifinitcsmal portion of the area of itio ground beitig worked, in fact, the spams are so large ar.d 6tron« that a large proportion oftlio coal available i s recovered, the consequence being (hat many of the men who arc setting coal arc at tiio end of the year only a very short (list-moe away from where they obmnienced the year's work. Therefore, lot

all practical purposes the plan o£ tlia mine stands good.; It is good for our purposes and for the purposes of tho act. Mr Macalister. Tho last reason you have given applies m6ro ' particularly to tho breaking of ground ?—Yes. _ Mr Macalistcr: Is it not tho case that in recent years tho company has -.boon removing tho pillars, and in that operation ■jt may alter iu a largo aspect tho niii:c in a year, or- in six months even ?—No. •

Mr Macalistcr: It conies to this, then, that so far as tho Nightcaps mino is concerned, section 51 is not required at all?— That is straining a point. Mr Macalistcr: You say it should bo 12 months?—lt depends on circumstances. Mr Macalistcr What do you understand to bo the object of section 51 of the act?— I understand it to bo exactly as tho section reads. This is tho object; Plan cl workings of mino to bo kept, and eopj forwarded to inspector.

Mr Maoalister: But what is tho object of having tjicso plans forwarded to the •. inspector?—Tho reason why this section was evolved was to provido against disaster in tho cvont of accumulations of '.water or_ gas occurring underground in. : old workings! 'Thcro is another reason ''. 1 ' whioli tho aottabs cognisance of, and'that?''" is tho question of boundaries between adjoining properties, which caused onot: mous litigation. in days gono by Tho question of bettor and safer working 3s>o comes in. Those aro.some of the reasons. Mr Macalister: The principal reason 'is for tho bettor and safer working of tho mino?—That is ono of tho main 'reasons. Mr MacalisteT: That means that tho' : soc-

tion has been evolved in tho interests of the working of tha mine?— Yes. Thcro is no doubt .about that; but it was' evolved from Great Britain. ' Mr 'Macalister: Is this seotion of the aot disregarded in any othor mines?—' Not in my district, 'oxcept in very 6mall mines. Mr Macalister: What other mines are ilicro in your' dirtriet that are larcei; ihftn Nightcaps?—Kaatangata and Castio Hill; but thero ai'o : other mines, which produce • pradtically as much'coal from underground Workings as Nightcaps. '' Mr Macalister: Scotin 51 of; tho act is complied'with.by ail theso other mines?— Faithfully. Mr Maoafeter:- You 1 have made W exception of Night<sp3?;-Yes,;a/! explained' ... before. ' Mr Macalister: One reason, then, which influences vou "in disregarding section 51 ; is that of tho expense to tho company or to tho owners of the mino?—lt is and it is'not, becaiiEO the' expense would _ not oon- , | corn mo for a moment if I considered it necessary. '• "■ ■ .'; Mr Macalister: Bnt you havo given that as ono of your reasons -for disregarding seotion 51 of tho act?—As I havo already • explained. " , ' , . Mr Macalister : And yoit toll,us that the ■principal object of section 51 is tho safety ■- of the working miner?— Yes, in regard to • providing plans. * . • Tlho Chairman: When'was your'last visit to this mr.no prior, to Juno 21?— As Inspector of Mines I mado s a complete inspection of tho mine on April 25. • I also wont to tha- mine for tho purpose of investigating.a complaint, and examined a - portion of tho mino on Juno 7 The Chairman: What was the-nature of. tho complaint generally ?—Tho oompaay . disregarding sections 37 and 38 of tho Coal MineS Aot. Section 37 bears on over- ' timo for underground working ■ and the other deals with' Sunday work. The Chairman: Bid yon; make aiiy • report on your'visit of April 27?— Not to my department. Tho Chairman: But you lmo a minute.. Let n3 sco it.—l havo hero tho noto taken at tho .time. , ~ Tho Chairman: Then you may read it Witness then read the following' from ■ his notebook: —" Ventilation about 36,000 cubic feet per minute (Frame). 'Perry's blue sump fuse. Nine mic-shots lft'seven',... days. Eost of barrel condemned. fra» ' ' is from Mr Lloyd.) No. .2 distnot: Pillaring from old maritime level, No . 1. Fire in gob from resin seam well in hand by stoppings and isolated. Fire area, is oil ■' tho fringe' of tho gob in the riso' pillar workings in No. 1 autl is attributed to tho resin seam, which ovorh'cs tho seams, being robbed, falling and heating : among tho clays and gravels. Double 'stbppmgs and hoso laid for emergoncy of outbreak; Dip works all right; only few men in them. New Taiigyo piunp installed; 15.C00 gallons per hour. ' Mine all over m very good order; ventilation good.all over the name." ' 1 . . ' The/Chairman: Did you take tho Biatcmcnt as to the ventilation from Frame?— Chairman: Did'you test.it yourself?

—Not on that occasion. "■■■' Tho. Chairman: Did you go up td the stopping behind which tho fire wis said to bo?—I went to the wholo of them. Tho Chairman What lights were then being used?— Naked lights. _ , . The Chairman: Did you anticipate lhat if the fire had continued" there, would he ft further accumulation of pise3?—Not then. Tho Chairman: Is it not-a matter ot common knowledgo fcliat " r0 " UTn * ine in that part'of the mm extra precautions would ha necessary?— Yes. re was great heat, but no firo visible. _ Ihe fire W4a not a firo in- tho sense of being n burning* lire, the flumes of, which, can he seen. „ . , . y . ■ „ Tlio Chairman: It is staiod m your report that there was a fire?— Thorp waS. ho firo in the ordinary sense. There was great heat, but no flamo. Tito word is Tised Joceelv. , -. The Chairman:: In the coal mining, not tho housekeeping, senso was there a fire? _Y«SJ but I think it would-bq more accurate to say that the heat waSi increasing. . The Chairman: There was no firo behind the stoppings?— There was great heat behind them.--That ia why the stopping were erected. ...• , . The Chairman: Was there any smoke behind the stoppings? There must have boon cv grc&t dcfil of foul $3fl &nu stc&ro behind the stoppings. . Wo knew that from the exhalations from the edges of tho stoppings, wlieTO they were not quitfl tight. - -

-The Chairman: Did you tat thoso gases? 'Yes. Thoy were black-damp princitlly. ;Tho Chairman: Would they not bo icompanicd by or followed by. fire-damp id black-damp?— No. jTlio Chairman: Was not this in eloso i'oximity to whero they wcro withdrawing io pillars? —Yes. !Tho Would not that operaion in conjunction witb tho firo tend iicfttly. .to increaso the accumulation of cxious gasos?—So long as tho stoppings ;tro maintained tho gasc6 would bo kept nek. The stoppings wcro there ior tho nrposc. :Tho Chairman: Would not) theso two rents—tho fire and tho pillaring opcraiiis—inoroaso the dangor?—Yos. Tho Chairman: Tho danger of what?— fiio danger to tho mon working in the tine. : :Tho Chairman: From what?— From tho jvsci behind tho stoppings thereby becom,ig liberated. :'Tho Chairman: Should not extra pre.(rations havo been taken with regard to llrhts, tests, and examination generally?— Y,s.' . Jhe Chairman: And with rogard to any-t-hiig what can you suggest?—l might •mijiosi' that extra experienced men should JiaA been choson for this work. Tie Chairman: Did you notify the comi ipanj to that effect —Not on that occasion. ' It- ias not nccessarv.' bccauso when I visitftl the mine experienced men were workiig in this portion of tho mine. I »*aw t'lo men, and I knew that there was a Kccoid shift. The Giairman: What is tho date of your last rcpirt to tho Minister on this mine?— June. 27. , Tho Chairman: Now I want tho last report hforo Juno 27?—Octobor 14, 1806. Tho Cliirmon: What was tho dato of your laflt Visit to the mine prior to April 25, 1907?—tunuary 10. I also mado a short visit to thd mino on< Juno 7. Tho .Chairman: Did you notice any alteration ii. the condition of things on ' Juno 7 as ©mpared with April 25?—Tho conditions wlro rather better on June 7 than (hoy w<re on April 25. There was less pressure cn tho stoppings. To Mr MacdonalJ: Thoro wcro tlirco Beams of oosl in tho mine, aggregating about 35ft. Tlieeo sai'ms were one a.bovo the othor. Tlicro ware bands of clay in between them, but ;he bottom seam was not being worked it present. In No. 1 section tho bands' of.clay varied in thickness from'lft to 6ft. That-was tho reason

for tho slow progres mado in tho workings. 'Ilia men con timed working' a long time in a small area, They did not travol as much as thoy wwld in a. thin scam. 'The change in the workings, therefore, during six months ffould. bo vo.ry small. Ho did not considci that bo in any way Imperilled tho e-ifcfr of tho mine by not enfpreing a penalty, from tho company for abstaining from soidmg him a copy of tho company's ipltm ovory six months. There could bo no question about that. Had ho (laid an information against- tho company for not fending him a map every six, months, and had it asked for merely a nominal penalty; ho coukl not, after what ho had stated in court, havo opposed it. To Mr Gordon: ' Doublo wooden stoppings wcro put in whero the fire was. A groat deal of dirt from the day bands was filled in whero considered necessary between tho boards. Props were orccted, and boards nailed on either eido with clay fittings. As /ar as he knew 1 , all tho stoppings were much as lie described. It would bo from 10ft to 20ft from tho facings of tho bord to where tho .pillar swere being drawn. If the mino had boon on lire witness considered tho stoppings would havo been sufficient to keep out fire and Rosea, allowing always that tlxi stoppings wcro properly maintained.. CO? would havo been generated if tho firo were burning beyond the stoppings. Witness did not think there would bo CO in tho mino until flip stoppings broke down and tho atmosjSKcrio' air got to, if. Witness took four samples of air, and sent thorn to tho colonial'analyst. The result, was: Carbon monoxide (white-damp), 1' por cent.; carbon dioxido (black-damp), 98 per cent.; mcthano (fire-dampy, none. Carbon rnoii.ixido was tho o.nly inflammablo gas present.

This concluded the day's sittings, The inquiry will be resumed to-morrow at 11 e'olock.