Glamorgan Free Press

SATURDAY, JULY 17, 1897. Workmen's Compensation for Accidents Bill. [BY "DARONWY."] THE progress of this Bill through its re port stage has been considerably delayed in conse. quence of the introduction of other Bills during last week, as well as by the different tactics adopted by its foes and false friends. The most stubborn opponents of the Bill on the Liberal side of the House have been found in the persons of Mr Bainbridge and Sir James Joicey but of the two, the honourable baronet is un- doubtedly the better tactician, for whenever he finds that the Labour members and other siacere friends of the Bill are at variance with the Government upon an amendment or an objec- tionable clause, he does not scruple to join in the discussion and take sides with the Labour members, so as to cause, at least, a delay if a rupture is impossible. A long discussion took place upon sub-section b of Clause I, which is to the following effect:- When it is decided, as hereafter provided, that the injury was caused by the personal negligence or wilful act of the employer or of some persons for whose act or default the employer is responsible, nothing in this Act shall affect any civil liablity of the em- ployer, but in that case the amount of damages due from such employer may, at the request of the persons claiming com- pensation, be settled by arbitration in ac- cordance with the Second Schedule of this Act, or may at the option of such persons be recovered from such employer by the same proceedings as were open to such per- sons before the commencement of this Act; but the employer shall not be liable to pay compensation both independently of and also under this Act, and shall not be liable to pay compensation independently of this Act, except in case of such personal neg- ligence or wilful act. Amendments were proposed to the Clause by Mr Cripps and Mr Asquith which would more or less simplify the mode of procedure ia cases where the injured perion or his dependents have chosen to proceed otherwise than under the provisions of the proposed new Act; but after some remarks from Mr Chamberlain and a protest from Sir Robert Reid, the amendments were negatived and the section is to remain in- tact, with the insertion of the following proviso in the Clause by Sir Matthew White Ridley:- That if an action is brought to recover damages independently of this Act for in- jury caused by any accident, and it is deter- mined that the injury is one for which com- pensation ought to have been claimed under this Act, the action shall not be dismissed, but the damages recovered from the em- ployer shall not exceed the compensation payable under this Act. This addition might prove valuable in a case where the claimants for compensation may be under the impression that the accident occurred by the personal negligence or wilful act of the employer or of some person for whoss act or default the employer is responsible," and con- sequently that a larger sum of compensation than the maximum under this Act may be ob- tained but failing to substantiate any act of negligence as above stated, the case of com- pensatioi is net to be dismissed, but the claimant will be compensated in the same man- ner and to the same amount as if he has pro- ceeded under the new Act. Mr D. A. Thomas lost his motion to leave out the following sub- section that If is proved that the accident is solely attri- butable to the serious and wilful misconduct of the workman, any compensation claim in respect of injury to that workman shall be disallowed. In supporting this amendment Mr John Wilson, the Durham miners' representative, de- plored that the Government had dealt with this matter from the stand-point of expediency rather than of justice. Confronted with such a provision as this, the unfortunate workman would never know exactly what he had to meet, and would ever be in a state of uncertainty as to the accusations which his employers would level against him in order to defeat his claims. Mr Sam Woods moved an amendment to secure That no contracting out scheme should be certified by the Registrar of Friendly Societies unless it had obtained the approval by a ballot vote of the workmen." Messrs Pickard, Burt' Fenwick, and W. Abraham (Mabon) very strongly urged the Government to accept this most reasonable amendment, but it was lost and the Home Secretary's excuse for rejecting it was that the Registrar General of Friendly Societies was the best person to judge whether these schemes were less favourable to the workman than the Act would be, and if the Registrar did not know the views of the men, ho would most likely ask for a ballot. But a compulsory ballot in all cases was not a reasonable proposal. With regard to Clause II. which deals with SUB-CONTRACTING, Mr Pritchard Morgan moved the deletion of the clause, but after some discussion the proposal fell through without a division. But I under- stand that our Labour members, after consult- ing the highest possible legal authorities favour- able to the Bill, ate satisfied that we need fear no harm from the clause as it stands thus Where any person in the execution of any work within the scope of his trade or busi- ness, and for the purpose of executing such work, is in occupation of or has control over the place or premises in or upon which such work is to be done, he shall be liable to any workman engaged in the execution of the work therein or thereupon for the amount of any claim which such workman may have under this Act, or in respect of personal negligence or wilful act inde- pendently to this Act, against any sub-con- tractor. Provided that any person liable under this section shall be entitled to in- demnity against any other person who would have been liable independently of this section. All questions arising under this section shall be settled by arbitration in manner provided by this Act.

THE COMMON AS A PARK. MR PETTIGREW'S VISIT. "THE PRETTIEST PARK IN WALES." Mr Pettigrew, landscape gardener to Lord Bute, visited the Common on Thursday after- noon in company with the Parks Committee- Councillors James Roberts, J.P., Treforest; D. R. Evans, Town; J. E. Spickett, Graig; Watkin Williams, Trallwn; and W. H. Gronow, Cilfvnydd. Mr Pettigrew expressed himself as being charmed with the site, and expressed his opinion that the Common was a most suitable place for making recreation grounds, offering every desirable facility for the formation oi cricket pitches and tennis courts. The grounds also lent themselves admirably to floral ornamen- tation, and it was entirely a mistaken idea that the position was too bleak for the growing of flowers, because rhododendrons and many flowers and shrubs would flourish there. We understand he was also of opinion that by the I expenditure of from £3,000 to E4,000, the Com- mon could be converted into the prettiest park in Wales,

LLANTRISANT SCHOOL BOARD. The Farce Continues. MR GODFREY CLARK, J.P., RESIGNS IN DISGUST. THE ATTENDANCE OFFICER QUESTION. ANOTHER CHILDISH DISCUSSION. The Llantrisant School Board on Monday played another scene in the administrative farce which they started two and a half years ago, and which will probably continue until March of next year, when the curtain will be rung down. How the burlesque in which the mem- bers of the Llantrisant Board are the principal actors is being enjoyed by the electors we do not pretend to know, but we would strongly advise them to say, when the next election comes round, "This buffoonery must cease; hencefor- ward we will entrust the education of our children only to gentlemen who can adequately appreciate the importance of the duties which they undertake to discharge." Monday was the date of the monthly meeting, which was held at the Parish Rooms, Llantri- sant. The attendance included Messrs Rhvs Davies (chairman), Daniel Thomas (vice-chair, man), Rev E. Stephens, Thomas John, M. R. Rowland, John Llewellyn, and Richard Morgan, with the clerk, Mr William John. MR CLARK'S RESIGNATION. After reading the minutes, but before they were confirmedL the Clerk read the following letter which had been receievd from Mr L. God- frey Clark, J.P. "Talygarn, Llantrisant, July 8th, 1897. "Dear Sir,—I should be glad if you would bring this letter before the Board, either when tha minutes of the last meeting have been read, or on the discussion, should there be one, on the attendance officer question. "When Mr Rowland's motion to appoint a second attendance officer was brought before the Board at its May meeting it was opposed by some of the members, amongst whom were the Chairman, and Mr Morgan; but after the mo- tion was carried, the Chairman himself sugges- ted, and I think very fairly, that if the appoint- ment was only made for twelve months all the members should agree to give the idea a fair trial. There was no opposition to the sugges- tion; even Mr Morgan, who had got up to speak against the appointment, appeared to agree, as he sat down without making any protest. "Advertisements for an attendance officer also appeared in a local paper, and several applica- tions were, I believe, received by the C.erk. "Under these circumstances it appears to me to be a distinct breach of faith with the other members of the Board to upset this appointment as was done at the next meeting of the Board in June. "It is also unfair to the applicants for the situation, and is a proceeding calculated to make the conduct of the Board appear still more ridicuir,iis, 'in the estimation of all sensible people in the district, than even was the case in the matte of the Master's House at Tonvr. efail. "I am very unwilling to sever my connection with the Board wliile there is any probability of my being able to help on educational matters in the district; but so Ion, as decisions arrived at during one meeting are allowed, as yis fre- quently the case, to be upset at the next, little or no good can be attained by attending meet- ings of the Board. "I thoroughly appreciate the consideration and good feeling I have always met with from mv fellow-members of the School Board, but differing as I do on the methods of carrying on the business, I think it wiser to place my resig- nation in the lianas of the clerk, which I accord- ingly do. I beg to remain, gentlemen, Your obedient servant. GODFREY L. CLARK.' The reading of the letter was followed by a profound silence, which was only broken by the arrival of some tardy members—punctuality is not a virtue hcre-and on the suggestion of tha Chairman, the Clerk rCIM the dtocumtant a second time. Mr John having sat down The Chairman queried Well, gentlemen, what is your opinion ? Will we accept it ? Mr Richard Morgan: It is all very well for Mr Clark to write this lotter. But with all due respect to Mr Clark-I respect him as much as anybody—(hear, hear)—Mr Clark don't know my mind exactly. I was against the appointing 0t another attendance officer, and the reason why I sat down was that I thought I had a maiontv at my back. And besides, I was told I could bnng a motion at the next meeting to rescind the resolution; but he don't mention that. Well, I suppose if Mr Clark was against this motion this letter would not be produced; but as it happens he is with this motion he writes this letter. Therefore,I think we can leave the matter as it is, and can go on according to our own opinions. The Chairman: Before we go further, it was understood at the time that we were equally divided. Mr Thomas: No, no. The Chairman: Well, we are here now—four against and four for. Mr Thomas (to the Clerk): Have you the names, Mr John? The Clerk: I didn't take the names because there was no amendment. Mr Thomas: I think, for my own part, we should not allow this resignation to be accepted here to-day without some explanation. It is entirely due, no doubt, to the eccentricities and somersaults which are characteristic of the Llantrisant Board. But, at the same time, I understood that it was a mutual understanding between the two sections of the Board that we should give this idea. a trial for twelve months, and that spears to mo very clear, after Mr Morgan proposed that the salary of the second officer should be £ 50, that Mr Clarke indicates. the position of the question very distinctly. Therefore, I think we should not take advan- tage of Mr Clark's absence to pass this resolu- tion; had Mr Clark been here very probably the result would have been different. It is stated on the minutes that the Rev Mr Stephens was against us, but he didn't vote at the meeting; he has iust told me so. Therefore the motion to appoint did carrv, and carried very distinctly, by four to three. I must say for myself that. I regret very much that Mr Clark has taken this step, and that we must lose his services to the Board. I should like if we could induce him to reconsider the decision he has arrived at in this letter. I firmly believe he has (lone it conscien- tiously, and, as I said before, it is all due to the eccentricities of this Board The Chairman (interrupting): Arc you going to propose-- Mr Thomas (hotly): Can't I speak? Isn't the letter here before us for discussion? I think, sir, I have a right to express my opinion. And I take this opportunity of calling the attention of the Board to the very uncalled for remark made by the Chairman on this question, and I, for one, deeply regret that. the Chairman has made the remarks which lie has made, that this office has been created for the purpose of pop. ping a certain man in. I think it is an asser- tion that, cannot be substantiated. The Chairman: I can prove it, Mr Vice- chairman. Mr R. Morgan, replying to the statement that he was at first in favour of the extra officer, provided the salary was not more than E50, but sum was entertained. With regard to Mr Clark's observation that lie (Mr Morgan) sat down without protesting against the resolu. tion to appoint, he did so because he was then told he might bring forward a resolution to rescind. The Chairman (to Mr Dan. Thomas): Can you deny that? „ ,f „T Mr Thomas (addressing Mr Morgan): Was not that the object-—? The Chairman (interrupting): Can you deny _? Mr Thomas: I cannot deny or substantiate. (To Mr Morgan): What was the object of our meeting to arrange the areas? Mr Morgan: To arrange the areas? I had nothing to do with that. Mr Thomas: You were present. Mr Morgan: I was noticed to be present at the meeting. And you stated in the newspaper that I had no right to be in the meeting at all, didn't you? „ The Chairman also complained of the report, which he suggested had been supplied the "Free Press" reporter by Mr Thomas. Mr Thomas: You say I reported that meet- ing. Haven't I the right to send in report in mv private capacity? The only thing "on have to consider is whether I have misrepresented anvbody—that's the question for you. If I havo done so vou can have it rectified, and if you can prove I have misrepresented you in any way I am here to meet your complaint. Mr Morgan: Why couldn't you leave the matter alone and not go and publish thimrs in the paper and say I had no right in the meeting at the time? I had notice to attend tha meeting —isn't that right? Mr Thomas (irritably): Go on, Mr Morgan, I I'll reply to you. Mr Morgan: I had the notice to attend that meeting, but you go and publish that I had no richt to be there. You could leave that out very well or state the facts of the -so. The Chairman: Well, the report that went to a J; "Free Press" last month was anything but correct. It was said to be a "stormy meeting but it was nothing of the kind. Mr Morgan: The storm was in the Vice- chairman s mind. Mr Thomas: Was it a fair record of the meet- ings proceedings? The Chairman (emphatically): It was not. It stated that you and Mr Rowlands took up your hats and went out because you were disgusted at the ridiculous conduct of the Board. Mr Thomas: Is not that the case ? The Chairman: Well, you went out certainlr. Rev E. Stephens: May I be allowed to say'a few words? The Chairman: I wish you to explain what pc.siticn you took at the last meeting. Rev E. Stephens: I was against the appoint- ment, but I didn't vote. Mr Thomas: Very well. (To the Chairman): Now, how can you claim bis vote for your side? His vote doesn't count for either side: he ;9 neutral. r The Chairman At the time 1- Mr Rowland Mr Cliaii,iraii- The Chairman: Allow me to speak, please. Didn't we arrange to take a final vcte at th next meeting because Mr Cadwgan was absent, and one vote was as important as another? Mr Rowland: I think it. is better to leave i.he matter where it is. I am very sorry at the de- cision which Mr Clark has come to, and I only hope be will reconsider it. He has given ample reasons—at any late, he has given a reason— for resigning. It was undoubtedly a breach of faith not to try the experiment for twelve months as suggested. I don't know how to pro- ceed now, but I very much regret that we are to lose Mr Clark's preseree. Mr R. Morgan: I don't think this affects Mr Clark so much, because I have heard he inten- de(I resigning before anything had happened. Mr Rowlands Whatever about that, this ia his decision. He has Tesinrcl owing to sonfe members having broken faith b ynot giving this expcnmcnt a trial for twelve-months as agreed. These are the reasons he states in his letter. I dcn'l know how it can be conveyed to Mr Clark, but I should like for him to reconsider the matter, Mr Chairman. And as for the question of the attendance officer--lol it be where it is. Rev E. Stephens I quite agree with Mr Row- lands to leave this thing drop. Mr Rowlands: As jou snow, gentlemen, Mr Clark is a weight to our Board. I am very seiry The Chairman (with much warmth): We must speak plainly, gentlemen. He (Mr Clark) has a vote like every other member, and that's all. Mr Rowlands Yes, but he is a man of great veight to our Board.Whatever you may think of your own weight, or any one else's weight, yo'. must acknowledge his weight. The Chairman: No one speaks disrespectfully of Mr Clark. Mr Morgan: I respect Mr Clark as much as anyone, but once we aie in the Board room we are equal, and Mr Clark will acknowledge that. But I should be sorry, and very sorry, too, for n anyone in Mr Clark's position to carry the Board with him because of his position. If he was in my position he would not be different to myself: it is his position carries him. I should be sorry for his position to carry this Board with him, although I respect Lim"and his posi- tion very mudi. Mr Rowlands: There is no reason to refer to his position at all. he gives his reasons for with- drawing. Mr Morgan suggested that a letter be written Mr Clark. Mr Rowlands: I was the first to move that. I think we should ask Mr Clark to forego this and reconsider his decision. Mr Morgan: I am quite willing. Rev E. Stephens, after explaining that when the idea of a second officer was mooted, some, time ago, the general impression was that the present officer was about to resign, went on to say how sorry he was Mr Clark had resigned because that gentleman's connection with a num- ber of various educational societies made his ser- vices of great value to the Board. He begged to move that Mr Clark be asked to reconsider his decision. Mr Rowlands: I have proposed that. I don't know whether this" letter is legal, because Mr Clark's signature is typa-written, and I don'u think that is legal. The Chairman: We will take it as such. Mr Llewellyn: It is his feeling, at any rate. Mr Rowland I should like Mr Clark" to re- consider this very much. The Chairman: You must understand that if Mr Clark will be here— I hope. he will—lie is to reckon as only one vote, the same as any other man. Mr Rowlands: We all know that. Why did you make such a remark as that ? I don't ack- nowledge Mr Clark any more than you. I respect you and Mr Clark in the same way. Mr Morgan: Speak less of Mr Clark and his position. Mr Rowlands (sharply): No one speaks more than you do. Mr Thomas:. I consider we have all equal rights here. Why refer to Mr Clark's position? We can ignore that position here. as we take it every one is on the same level. Mr Rowlands: I have the same respect- to- wards the Chairman as everyone else. The motion was now put to the meeting and unanimously adopted. Presumably the members had by this time become somewhat ashamed of the childish dis cussion which had taken place, as the Chairman and others requested the reporters present not to publish what had been said. The pressmen. however, were not in a position to make anv such promise. This gave rise to another heated exchange of words between Mr Morgan and Mr D. Thomas with regard to the Vice-chairman's connection with the Presv. Mr Morgan did not think it was fair that a member of the Board should write reports to the Press and so colour them as to appear in favour of his own pet hobby. Mr Thomas (rising excitedly): I rise now in defence of myself. I 'should like to know whether there was anything in that report that was not correct. If so, perhaps Mr Morgan will say what it is. Mr Morgan's name was in- serted in the wrong place, but that was not my fault, neither am I responsible for the headlines and the introduction to the report. What I gave was a correct record of what actually took place. Mr Morgan: It was not correct according to my opinion. You said it was a stormy meeting, but I saw nothing of the kind. You walked out, and never saw anything of the business. Rev E. Stephens: We had better go on with the work. Mr Thomas: No. no. Whatever I have said of any person in this Board I am not ashamed to say it in the public press, and whatever I have said of any person in the paper I will say to his face. As to the "stormy meeting," I am not responsible for that remark. Rev E. Stephens: Let us carry on the business in a nice gentlemanly way. Mr Rowlands: Very good. The Chairman (sarcastically) •. Well, I don't know whom they meant by "elementary educa- tionists," but we should be very thankful to those advanced educationists who help us. Mr Thomas replied that the only part of the article for which he was responsible was the record ot the business done. Mr Morgan: I am glad you are not the author, but it looks very ridiculous. Mr Llewellyn: Now, Mr Chairman, let's go on with the business of the meeting. VOTE OF THANKS TO THE CHAIRMAN. Rev E. Stephens prcposed a vote of thanks to the Chairman (Mr Rhys Davies) for so kindly presenting the school children with Jubilee medals. Mr Morgan seconded, and the resolution hav- ing been adopted the Chairman suitably respon- ded. THE REV E. STEPHEN'S VOTE. Mr Rowlands wished to go back to the attend- ance officer question again. It was stated in the minutes that at the last meeting the Rev E. Stephens voted in favour of rescinding the re- solution to appoint a new officer. He did not think the minute was correct.(To Mr Stephens): Did you vote? Rev E. Stephens I was on the same side. Mr Thomas: But did you vote ? Rev E. Stephens: I didn't vote here as I was obliged to leave the meeting to attend another engagement. Mr Rowlands: Then I beg to move that tho name be taken out of tho minute. Mr Thomas: I second that. Rev E. Stephens: I was against the appoint- ment. Mr Rowlands: But didn't you tell me that you didn't vot-e--that you were neutral? Mr Stephens: I said I was here neutral. Mr Rowlandb: That's what I mjnan—you didn't vote. Mr Stephens: Here. (Loud laughter). Mr Rowlands: He told me in Tonyrcfail he didn't vote. The Chairman: Let's leave this matter. The minutes of the last meeting were now signed by the Chairman, the name of the Rev E. Stephens being allowed to stand as having voted, CANDIDATES AND THE PUPIL TEACHERS' CENTRE. A resolution was adopted to the effect that the Board would not pay for the tuition of candidates either at the Pupil Teachers' CeTitm or through the post.

"Y Gwir yn erbyn y Byd.Kymric Proverb. II Give me, above all other liberties, the liberty to know, to utter, and to argue freely, according to conscience Johnifilton.

DRAINS AND SEWERS. "When is a drain not a drain?" This is not a conundrum, but a problem which during the past few years has been most seriously exercis- ing the minds of property owners, on the one hand, and of local governing bodies on the other. It will be evident that there is sufficient reason for anxiety on the part of both when it is stated that so long as a drain remains a drain, the property owner must keep it in pro- per repair, but as soon as it becomes a ''sewer," the community, as represented by the local authority, is responsible for its proper working. Several attempts have been made in the law courts to distinguish between a "drain," and a "sewer," but unhappily the judicial decisions have been so much at variance one with another that the situation has became more complicated than ever. The very clear judgment of Mr Jus- tioe Cave, delivered on Saturday last in the Court of Queen's Bench, in the case of Seal v. the Merthyr Tydfil District Council, comes therefore as a distinct relief. Mr T. F. Seal is the agent for, and therefore under the Public Health Act, the owner of, certain houses in Merthyr Tvdvil, each one of which drains into a common drain running at the rear of the premises, which drain in its turn empties into a sewer belonging to the District Council. This common drain became defective: the District Council called upon the owner to remedy the defect, and in default of his doing so carried out the necessary work themselves and sued him for the cost incurred. Mr Seal insisted that the common drain was a "sewer," and, therefore, to be repaired by the District Council. The Council were equally insistent that it was a "drain," and were supported in their opinion by the local Bench of Magistrates. Upon an appeal from the magisterial decision being heard before Mr Justice Care and Mr Justice Ridley. the decision of the 'magistrates was upheld, and Mr Justice Cave defined a "private drain" as "a drain constructed in private grounds to which the public had no access. The intention was that the public were to be relieved from paying for that which they were not allowed to use." The importance of this decision to property owners can hardly be over-estimated, and although we would express our sympathy with them at being on the losing side, we would also point. out that there is a lesson to be learnt in an increased vigilance on the part of the in- spectors in "passing" all drainage works.

+ THE PEOPLE'S PLAYGROUND. We are glad to find that the robust District Councillor, Mr Watkin Williams, is still deter- mined to promote the adjustment of the people's Common for the purposes of public recreation. A great deal has been said and written on this burning topic, but there is no denying that it is acutely interesting to the people. Of course, we expected that opposi- tion would arise. Some are alarmed by the economic transgression of the movement. There is always, in every locality, the "penny wise and pound foolish" hostility to any movement that goes for public recreation. It is character- istic of your very parochial type of administra- tor; but educational, expansive ideas prevail and are winning, though this suggestion of Mr Watkin Williams meets with this form of opposi- tion. But the Conservative folks have been deliberating on this matter. They want to run, or at least, make a show of it, with the public hare, and hunt with the hounds of retrogression. The mountain has been in labour, and the mouse has been born. It is interesting to know what sort of creature this idea is. They say the public park suggestion is good,very good indeed, and they at onoe bring forth the suggestion that nothing short of buying and converting tho Ynys angharad Fields into a park will meet with the needs of the people. "Make a non possumus suggestion, and you will upset the whole," is an old device of the followers of the man who puts his money on the wrong horse. It is so here. They know full well how utterly wild and chimerical is this Ynysanerharad suggestion. They believe that if they take the people on that scent, in the wransrle and collapse the cheap and original suggestion of Mr Watkin Williams will be thrown to the "gob" of oblivion and never again bo revived. Thus will they fully realise their truest intentions of-no park at all. It is full time that our astute Conserva- tives.should credit their neighbours with some intelligence and penetration. We may not be able to see through the proverbial "deal door and a flight of stairs," but we can comfortably see through this Conservative mancevre.