The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1881-12-17 00:00:00

OLD HILL MINES DRAINAGE,

ee easeses
A juint meeting of Arbitrators appointed under
the South Staffordshire Mines Drainage Act and
Commissioners was held at the Mines Drainage
Office, Welverhampton, on Tuesday, to hear ap-
peals against the draft award for the levying of a
mines drainage rate in the Old Hill district. The
full rate is 3d on fireclay and limestone, and 6d on
ironstone, coal, and slack. Mr. G. J. Dowdes-
well, Q.C., the legal arbitrator, presided, and there
were with him Mr. 11. J. Marten,t he mining ar-
bitrator, and the following Commissioners: Messrs.
John Aston, John Walker, Richard Williams, H. T.
Hickman. and E. Howl. There was a large at-
tendance of mineowners, and great interest was
taken in a series of objections which were raised by
MreNV. Bassano, on behalf of several owners, to
the ^draft ward.
Mr. Bassano said he opposed the confirmation
of the draft award. on the ground that the persons
named therein as having been graduated were
not entitled to such or any gradeation. In the;
list place, he maintained that no colliery proprietor
in the district was entitled to graduation, on the
broad grounds that they were all alike subject to
inundation, and that inundation was only Sept back
by the operations of the Drainage Ccuanission, and
if it was right for one proprietor to be rated at the
full all ought to be sa rated,
The Chairman explained that the Act of Par-
liament said that tho court could graduate the rate
according to certain considerations, and it was not
in their power to go from' that.
Mr. Bassano went on to say that the parties
named in the award were not entitled to graduation
heving regard to the pat ticular circumstances of
their ctline4, and if the court was against him on
those points, he should have to ask for his own
claim to graduation to be con side d.
The Chairman pointed out that this was not an
original tribunal, but a court of appeal; and it
would be extremely wrong, and very hard indeed,
if persons a ere to be dragged to that court en ap-
peal to areue matters whieh were not before the
original tribunal. It would be casting a slur upon
the original tribunal if they proceeded to overrule
a judgment which was given wheu those who were
new opposed to it might have been present.
After some discu•sion, Mr. Bassano said he
ehoub, rot object to the graduation of Mcsers. B.
Raehoulcl and Company and Messrs. B. Martin and
Corcreenee l)w it "as impossible to stand by and ree
people graduated who were no more entitled to it
than any of the other mineowners in the district.
fcrsenally be was more entitled to graduation than
ehnost anyone in the district, but be had never
asked for it. He paid £1,200 a year iti rats.
Messrs. Hingley paid £2,000 a year in rates; the
New 13titish Iron Company, Messrs. Swindell and
Collie, and others were all entitled to ei aduation.
M. Aston: If you feel aggrieved why don't you
apPeal ?
Ur. Bassano said if he did, and so rais3d ti e
question, it might almost reduce the rate to nothing,
He then proceeded to introduce the rating of the
collieries of Me,srs. Coearane, whice had been re-
duced by graduation to id per ton. Mr. Bassano's
contention being that tiny should pay more, as the
rib whieh was supposed to keep back the water in
their mines was pervious.
Mr. W. B. Collis (engineer to the Commissioners
for this district) was called in support of this con-
tendon, upon which the Chairman complained that
Mr. Collis ought to have informed the Court of
this circumstance years ago.
Mr. Collis said he raised the point on a farmer
occasion, but Mr. Cochrane said he was wrong, and
that gentleman's statement was accepted. Later on
wthac,ctFai r tmny again raised
. c o].i
st,hai
ss
the' engineer
point, g
iannede r
stf.t)idthiet
Commissienere, to have given them the whole of
the facts, but Mr. Collis replied that when he did
so he was overruled. Since 1876, when ho men-
teoned this matter, there had been no change in
the circumstances of Messrs. Cochranes' mines.
Ultimately Mr. Bassano withdrew his opposition,
ti 4;( Chairman stating that it would be better to do
so new, as to go on with it might throw everything
into confusion,and the whale question might be
raised next yrar when the award was issued.
Mr. Hurter, solicitor, Brierley Hill, next appealed
for Messrs. Skidmore and Webster, whose rate had
been gracivatt dto 4id on coal and ironstone. His
clients were most anxious to drive another level to
eelieve their own colliery and the adjoining mines
I' of 40 acres ot water' which would save a great
I deal of it oney to the Commissioners. The appal-
-1 hint- would tv,t object to pay the Eull rate if the
Cern t \Could give them authority to drive the level,
and so tit rid of the wat.cr.
Mr. Fowler. M.P. (low clerk) said the Old Hill
1 Cornieitt. a had very carefully cnsiderel Mr.
1 Horn' r's suireeetion, and they came to the conclu-
sion that it could not be c-irried out.
1
The Cbairroau thought the Court had so power
to deal with the matter ; they had simply to gradu-
ate or orler the fail rare to ;:o paid by the
appellants.
I Mr. Smith (secretary) read a resolution passed on
1 this Tiet,..,ou by the Old Hill Committee to the
i effect that it was not expedient for Messrs. Skid-
i morn and Web*ter to drive ti.eir 127431, as it was
I eic.v d tictt the level the Corilrniz,ionet..e were
I driving would afford them the relief tioey required.
1 Mr. Collie (Commissioners engineer) said that
i Skidmore and Webster were n tdoing more than
; any other owners in the district for .'Llie relief of
i VI e mines.

I - Mr. Passau() made a long statemnt in opposition
Ito the propos ‘l of Messrs. Skid=re and Webster
;to drive a level, because he said the cne being
; driven by the Commis,ioner3 was very much the
best for relieving the. submergaf, m'ir..E.,s in that
locality. If the Commiszioneis w..„-:e to stop their
; Fly engine, ttA3 mines of Skidincise ant Webster
would be drowned out.

, The Chairman ruled thais, tho Court was going
, beyond its province in discthsing the level question,
what they had to cotelder was graduittion or' the
full rate.

After consultation the Court decided that ti.
graluation of Messrs Skidmore and Webster's
rate should remain at .*1 cn col, &e.
This concluded the business.