MATCHES IN A MINE

Otago Daily Times, Issue 15986, 31 January 1914, Page 15

MATCHES IN A MINE

KAITANAGTA MINERS FINED, SEVERE MAGISTERIAL COMMENT.

Great interest was taken in the proceedings at tho Kaitangata Court yesterday, it being known that the. local miners were to appear before the magistrate on charges of having carried matches or smoking material •within tho prohibited area of the mine. The accommodation of the court is very limited, and only the more fortunate early comers could gain admittance, the rest having to be contend to wait outside. Mr J. F. M. Fraser, K.C., Crown Prosecutor, appeared to prosecute on behalf of tho inspector of mines. Tho specific charges were against) D._ Bonnie, trucker, for unlawfully having in his possession a certain contrivance for smoking—to wit, cigarette papers and tobacco—in a part of the mine where safety lamps were required to be' used by " The Coal Mines Act, 1908"; against) A. Wilson, miner, for carrying cigarette papers and tobacco into the prohibited area; and against L. Billett, trucker, for carrying lucifer matches and a cigarette had warned Billett against carryheard before Mr J. R. Bartholomew, S.M.

Tho first case taken was that against A. Wilson, who pleaded •" Guilty."—Mr Fraser, in outlining the facts, said that \v ilson, Bennie,_ and Billett had been working together in the mine, and all had been found in possession of matches or 'smoking material. He did notrneed to point out to his Worship that the offcnce might vary in degree, but it was a very serious one indeed. A man might bo. reckless enough to jeopardise his own life, but when it became a question of jeopardising the lives of many fellow workers, the offence became extremely serious. It was only fair to say that there was no reason to believe that actual smoking took place in this case. He simply rested his case upon the possession by defendant of the smoking material within the zono of tho mine where safety lamps were compulsory.

Wilson, in response to tho Magistrate, said he had nothing to say, but subsequently stated that he did not know tho tobacco and papers were in his pocket that morning. Mr Fraser produced copies of the notices posted at the mine requiring all 6moking material to be left behind.

D. Bennie also pleaded " Guilty" to the charge against him, Mr Fraser intimating that the facts were practically the same as in the previous case.

Jj. Billctt did not appear to answer the charge brought against him. Formal evidence /was given by E. R. Green, inspector of mines, _W. D. Carson, mine manager, and S. Gillanders, deputy, who said that only two days before the offence he dah warned Billett against carrying matches, W. Proctor, underviewer, said he had warned the defendant more than once. Complaints had reached him that there had been tobacco smoke coming from the dip. When the full box of matches and cigarette had been found m his ooat Billett gave no explanation. Witness told him to put his clothes on and go home. It was extremely dangerous to have a naked light in anv shape or form. He did not think that AV'ilson knew that smoker's material was in his pocket. The Magistrate said it was hardly necessary for him to point out that the regulations which were made for the safety of life in a mine must be most stringently complied with. Experienoe had shown that they were necessary, and if they were not complied with we might have a fearful catastrophe. The man who did not obey these regulations endangered the lives of his fellow workers. It was possible that Wilson and Bennie may have been in innocent possession of tfho material—that they may not have known they_ had it. It was also impossible in the circumstances for them to convince any caurt_ that rt was so, for there could only bo their own statement. He must take into consideration that there was another man in the Vicinity who had matches and tobacco. With regard to Billett, there waa absolutely nothing that could be said in his behalf. Ho had been warned just a few days beforehand, and in face of the warning had deliberately taken smoking material into the prohibited area The possible consequences might be seriously to endanger the lives of his fellow workers. Billett would be fined the maximum penalty. He did not think a fine of £10 was anything like an adequate penalty for the offence. When a man wilfully committed a crimo of that kind—for it was a crime—he thought provision should bo made for imprisonment, if ho showed such a total disregard for the lives of his fellow workers. Billett would be fined the maximum of £10. with court coats (7s), and ho would allow the maximum solicitor's feo of £3 3s. The other defendants, Wilson and Bennie, were each fined £5, together witlh court coste (7s) and solicitor's fee (£2 2s). The magistrate took into consideration the fact that these two bad appeared and pleaded' guilty.