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..--,-.-....... AT EIN DARLLEN…

COLOFN Y BEIRDD.

Y CONFFRENS.

PWY DDARGANFYDDODD AMERICA?

ICHILDREN LEAVING SCHOOL.

ALLEGED LIBEL AT DOWLAIS.

IARTHUR LINTON.

,THE ROADS IN DOWLAISI COLLIERIES.I

A TREAT TO ABERDARE INDUSTRIAL…

THE •< RAILWAY REVIEW "…

MERTHYR LICENSED VICTUALLERS…

THE TREHARRIS COLLIERY CASE.…

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THE TREHARRIS COLLIERY CASE. I I THE STIPENDIARY'S JUDGMENT. The Stipendiary, Mr. North, delivered judgment 1 at the Merthyr Police Court on Monday in the colliery case of Gibbon v, Phillips, which was reported in our last issue. Before he did so hp desired to state that Mr. C. H. James, wlip un the Bench when the case was heard, did Bqt'take'any f>art therein because he was interested in certain col- ieries. The learned Stipendiary then gave his judgment as follows The e^e for the prosecutor presented to the Court at the former hearing was that all overhanging coal required propping, aud that was the broad point which the formerCourthad to decide. It was then decided that this contention of the prose- cution was wrong, and that the defendant hud discre- tion and exercised it, and as he had done so, the summons must be dismissed. Had the Court yhen found for or against as to the necessity of siiva jgiiig, that would have been a matter c\f fact, and no case l could have been granted. The justices granted a case 5 on the broad pointâ" Must all overhanging coal be 1 propped ?" They having decided that it need not, the Court of Apj>eal have decided in the same way. They have decided that there is a discretion, and have decided^ the point at issue in favour of the defendant. N^w, the Court of Appeal has decided f the pont. I Ime to-day to sayâ" Did the defeidaBs. (having had the discretion given him by tVmrt of Appeal) exercise that discretion properly V' I think he did, as the evidence of eve,y witness who saw the place, with the exception nf the first witness for the prosecution went to prove (as did the -tate of the coal two days afterwards) that at the time in question it was not necessary that the coal should be propped, i The summons is, therefore, dismissed, but I hope colliers will not rashly think that thev may now leave any coal unspragged with iii punity. They must rememlier that they have discretion, but that that discretion must ba caretully used. They must also remember that when directed by an official to spryg, I they must at once do it, as !x>th official ai>4 eoiljer has a discretion. It must be borne in wind that each ] case must be decided by its owr\ tw-Vmiytauces, j

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