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During the course of the Inquiry attention was directed to certain other matters, with which I will now deal.

Competency of shot-firer and contraventions of Explosives in Coal Mines Order. Questions arose as to the competency of the shot-firer, Brewster. An examination of Osborne's place, in which shot firing had taken place on the morning of the explosion, showed that certain shot holes which had been charged and fired had been drilled beyond the back of the holing, in contravention of Clause 6 (c) of the Explosives in Coal Mines Order of the 1st September, 1913, which requires that "no shot shall be fired in coal unless the coal has been holed to a depth greater than the depth of the shot hole." Plan No. 4 shows that six holes had been drilled in coal, three near the roof and three near the floor or pavement. The three top holes certainly did not comply with the statutory requirements, though an attempt had been made to minimise the defect by inserting clay at the back of two of the holes.

On no account should these holes have been charged and fired. and Brewster was at fault. If he did not know the length of the holes, he failed in his duty in not ascertaining this before supervising the operation of charging and stemming, which he was required to do by Clause 6 (c) and (d) of the Explosives in Coal Mines Order. As a result of this irregularity, certainly one shot. if not more, blew out, and in view of the possibility of the emission of flame thereby, serious consequences might have resulted.

It seems that Brewster, aged 39 years, held certificates both as a shot-firer and a deputy, but he acted only as a shot-firer, though appointed as both. The Manager had required him to make a daily report (on a deputy's form) on the condition of places in which he was called upon to fire shots. This report did not constitute him a deputy; he had not been placed in charge of a deputy's district, and did not relieve the deputy in charge, who also examined and reported on the state of the same workings.

The Explosives in Coal Mines Order requires a shot-firer to be a competent person" appointed in writing by the Manager, but does not stipulate, as does the Statute in the case of a deputy, that he must have had 5 years' practical experience in a mine, of which 2 years must be at the face. The Order does, however, lay down that, unless he is employed in a mine in which inflammable gas is unknown, he must have obtained "the like certificates as to his ability to make accurate tests for inflammable gas and as to his eyesight as are required by Section 15 of the Act in the case of firemen, examiners or deputies."

Brewster possessed such certificates, and, while his experience underground may not have extended to five years, it was not in my view proved that it was less.

Mr. Herbert Smith and Mr. Cape raised the point that, apart from the requirement as to eyesight and ability to test for gas, there is no definition of "competent person" in the Explosives in Coal Mines Order, and that this expression ought to be defined. I agree that for fiery, and dry and dusty mines the experience and age of a shot-firer should be no less than that required for a deputy.

As regards the deputy, Weightman, no question arose as to his qualifications, but as his body, along with the firing battery to which the firing cable was still attached, was found lying in Moore's level some twenty yards away, and almost in a straight line with the coal face, it was suggested that he exposed himself to unnecessary risk by not using a longer cable and taking proper refuge.

It also came out in evidence that seventeen cartridges which had been in the keeping of Weightman were found scattered about the Engine Plane, and also that, contrary to the provisions of the Explosives in Coal Mines Order of 30th March, 1915, he had with him seven cartridges into which detonators had been inserted. It was also suggested that there was some firedamp present in Moore's place before Weightman fired the shot which is believed to have caused the explosion.

As to the seventeen cartridges, these had been enclosed in a case and left temporarily by Weightman himself at some point near the Engine Plane; the explosion no doubt accounted for the scattering. But the insertion of detonators into seven cartridges beforehand, instead of waiting until they were about to be used, was an indication of carelessness in the use of a dangerous explosive. This discovery suggests that more detonators had been issued to Weightman than he really required.

Whether there was firedamp in Moore's place and Weightman failed to find it before firing the shot through not exercising sufficient care, will never be known. He should certainly have the benefit of the doubt in the absence of direct evidence that he was at fault.

Previous shot-firing accidents at Whitehaven Collieries. — Before closing my observations on the question of deputies and their duties, I must allude to the Coroner's reference in his summing up to two previous explosions of firedamp after blasting operations in the Whitehaven pits, both of which had been found after enquiry to be clearly due to the carelessness of other shot-firers in not having made a proper examination for gas. In consequence of these explosions, the Divisional Inspector addressed the following letter to the Colliery Company on the 24th August, 1922

"Gentlemen, — I am desired to communicate with you with reference to the explosion which took place last month in your William pit and the explosion which occurred in your Wellington pit in December, 1920. In both cases it was the fortunate absence of coal dust which prevented a great disaster. Both cases also were due to incompetence or want of proper care on the part of men employed as shot-firers.

"I have therefore to point out to you that it would appear that sufficient care is not being taken in the choosing of men to carry out the responsible duties attached to the firing of shots. I have to suggest to you that the Managers of the respective collieries should call together all their firemen and shot-firers and instil into them the absolute necessity of carrying out to the full all the legal requirements, and especially those in regard to shot-firing.

"If the Managers think it would be helpful, although I personally cannot get over to Whitehaven just now, Mr. Cook would be prepared to meet the firemen and shot-firers.

"I am, Gentlemen,

"Your obedient Servant,

"J. R. R. Wilson."

To this communication Mr. Steel, the Agent and Works Manager, replied on the 31st August:

"Your letter of the 24th instant has been handed to me for the immediate attention of the points raised in same. I would like to inform you that the respective Managers and myself have interviewed on both occasions mentioned the overmen, deputies and shot-firers, and have instilled into them the seriousness of any neglect or slackness on their part in the carrying out of their legal duties required by the Coal Mines Act. I would be exceedingly pleased if Mr. Cook could come to a place to be arranged some Sunday at an early date and further emphasize what I have already said on this question. I am perfectly satisfied that his coming would carry a good deal of weight and would, I am sure, greatly back up the management."

As a result of this correspondence a meeting of deputies and shot-firers was held on Sunday, the 3rd September, two days before the explosion — Mr. Cook, H.M. Junior Inspector of Mines, strongly impressed upon those present the great importance of most careful inspection being made for firedamp, and of rigidly carrying out to the full the requirements of the Explosives in Coal Mines Order.

Most of the deputies and shot-firers belonging to the Whitehaven Collieries attended the meeting, though Weightman — who lived out of Whitehaven — did not do so.

I have the honour to be,

Sir,

Your obedient Servant,

Thomas H. Mottram.