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Be 
 
A. KKPLY 
 
 TO THK 
 
 Eeporl cf tie CoMission oi Fires 
 
 W.'l 
 
 — IN — 
 
 PICTOU MINES. 
 
 JD^^TIHTD IDECEl^BEIE^ 31st, leQS. 
 
 HALIFAX : 
 
 NOVA SCOTIA 1 HINTING COMPANY. 
 18i)7. 
 
 z 
 
Bt m 
 
 gMBRACING the opportunity offered .by the Honorable 
 ■^ Commissioner of Public Works and Mines, in the 
 letter from M-hich is taken the extract that heads the 
 following Reply to the Report of the Commission on Fires 
 in Pictou Mines.^submitted at the close of the last session 
 of Parliament, but not then considered, further statements 
 and cori-ections in relation thereto are now respectfully 
 submitted to the Committee of the Lecjislature, at this 
 the earliest oppoi-tunity since the issue of the Report 
 and the reassembling of Parliament. 
 
 Stellarton, 1 
 
 Janvuiy, 1SU7. J 
 
" The Hon. Commissioner * * would be pleased * * ♦ 
 to append to the evidence such corrections, and any further 
 statements that Mr. Poole would like to make In the matter." 
 
 W0KK8 AND Minks Okkice/ 
 -i uyuat nth. 
 
 Ks Okkice,-i 
 
 JL. I^EP=I_,^2- 
 
 TO THE 
 
 Report of tliii Cominission on Fires in Pictou Coai Mioes, 
 
 DATED DECEMBER Slst, 1895. 
 
 Tell inc. said a lawyer nii romliiij,' tlio Report of the special 
 committee on Fires in Pictou Mines, what i? the oliject of this enquiry ] 
 Were not the officials of the Mines Department already conversant 
 with the facts of tlie case, and were not two of the commission, the 
 inspector and his .^puty, in tlieir official capacity, as well able to 
 make tiie required report as they were in a commission with other 
 two members of no local knowledge or Sjiecial experience ? 
 
 Be that as it may this Report, as one of a Oovornment commis- 
 sion, h^.s gone forth wearing a cloak of reliability that only the 
 initiated would (luestion. From the title, and the Department of 
 Mines being its source, the Legislature and the public might fairly 
 assume it relates facts of value in connection with the leases and 
 history of some of the coal mines in the Province, and were it to be 
 tiled among the arcliives and no comment made the future enquirer 
 into such mattr'rs might be misled into accepting the data it supplies 
 as relialjle. It makes some reflections on the past management of 
 the mines under its consideration, and it makes some palpable 
 mistakes. It has l)een disseminated broadcast and presented to 
 public libraries, although not yet considered by the Committee on 
 Mines and Minerals. 
 
 While ib can only be fully followeil by one acqr.aint(!d with mining 
 or by those having large local knowledge as it contains many 
 teidinicalties and local allusions, the casual reader will quickly form 
 
 ii 
 
The report 
 centres on 
 the Albion 
 Minc8. 
 
 The property 
 
 cliangcH 
 
 hands. 
 
 two iniprossioiis ; first, that such present on-litions of tlic property 
 involved in the Incpiiry ns are not .sitisfaetory must bo alone due to 
 the Lessor and the n!ana<;enn'nt, and secondly that.tho reelosin^' of the 
 Foord pit .n LS92 ia to be attributed to a " hu'k of eo-opcration " 
 between the Af,'ent and th(! special nianajjor for that iiit. It will also 
 be eonclnded that the actions of ofKeials of tiie Mines Departinentaro . 
 without the pale of the Jncpiiry, likI that no duties and no responsir 
 bility to tlie Lessor rested upon them. 
 
 That these inferences are not borne out by the facts omitted from 
 the Koport, but herewith niad(i evitb-nt in the sulijoined eorrespond- 
 enco it is the object of this h'eply to declare. 
 
 Perhaps it would be well to briefly summarize what this Report 
 is about before proceeding,' to discuss it in detail. It may bo said to 
 cenr.re itself aljuut a mine that, years a-jo before it was leased to the 
 present holders, had a largo trade and drew about it a population that 
 iived on supplying the workpeople. l!ut times changed, grave acci- 
 dents happened, trade turned to other holds, tiros o.-curied and 
 smouldered on for years in spite of efforts for their extinguislinient, 
 iJiid like many things old it had atsipiired .some undesirable yet 
 unremediable conditions. The then lessees transferred their interest 
 to the present holders, who in their turn incurred heavy expenditurea 
 in an endeavor to redevelop the jiroporly. 
 
 With regard to its history,— mining in the Pietou Coal Field began 
 as far back as 1818, and a strip of the main seam was taken in the 
 best part along the crop as far east and \vcst as the (piality of the 
 coal warranted. A sub.setiu.'iit working took another strip further to 
 the deep along the strike of the seam within the limits of saleable 
 coal. Then a jut 900 feet deep took a further lift practically to the 
 same limits. Fires from time to time n.ce.^sitated Hooding the mines 
 with water, and free access throughout the old workings was cut olF 
 by falls of roof and crushes. In all the workings the siz.. of the 
 pillars was designed to sustain merely the cover, and a future 
 systematic draving of pillars was not contemplated (a.) This is an 
 important consideration in the light of the Commission's suggestion.s. 
 The lease originally held by the Genoial Mining Association" was in 
 1873 transferred to the Halifax Company. After the explosion in 
 the Foord pit in 1880, and until the water that flooded the mine 
 was got out and an entry made in 1890, no coal was got from the 
 main seam, but in the meantime two lower seams, the Third and 
 McGregor, were opened and worked. 
 
 (a) See Mines Fires Report, pajfts 4 and 11. 
 
On fUMiuiriiif,' tlio prnpcrty in IH86, the ])rpspiit li-sspoa set »''""fc^I;,^i o'*,fj*„y 
 prt'.ii|iiii«,' out tli(^ water fr(!iii tlic main scam, autl aa tlio ovidciico "^ {J['*,'^','°,^°t{ly 
 tlic ConiiiiisHiuii shows, tin- work of re oiuMiin'' was put in the hands lo rcopo:i lost 
 
 ... I)ltH, 
 
 of Mr. Wills, an English niininj; ciif^iniMT, aftiT his opinion as an 
 cxp(!rt had been obtiiinod in llio S|)iinj( of 1890. 
 
 Th<! work of ro-openini^ met with disappointments heat was early 
 «xperieiK'ed, and later us: in hs92 lirestink shewed that a(!tna! tiro 
 liad develoited within the lionr-ls of the Foord pit workin<,'s. Where 
 the old openinf^s wt^re entered they w.-re found i^o erushed as to he 
 imi)a.saal)ie and of sncli a size, with top and sides so shattered, as to 
 ]int the hnildinj,' of rant,'es of stoppings ipiite ont of tlie (piestion. 
 Tii(i heat noted hehiiid certain stoppinj^s in liu- new work increased ; 
 in dune a tiMnp(n'atnre of OG' l''aii. wcs rtrMinh'd, on Nov. 11th, dry 
 hot ashes cimic tlironj^di a crack fmni tlie overlyin<,' old workin>{s, and 
 on No- . ' '89L, no other course was h-ft than to again chisc the 
 
 pil 
 tl- 
 by 
 
 ti..n 
 
 ■Hi .• M of f'.'! tin; and the closing agiin of tliis pit renewed 
 )n (: th»- , 'I, .10. .•' iiltiiualcdy suggested a second imiuiry 
 epa: '. 'u ; Mii!'.-;. 
 
 1. . .1 
 
 • t 
 
 ■i\ !'i,\' IN 18K3 :--Vrry much the same qiu'S- A candid re- 
 
 II. • ' looo , •. port in 1883. 
 
 .11 the l.t'gislaturo m looo, when it was 
 
 popiilariy su| posed tii.it the .ousiiig up tlie hro, in the old crop 
 
 workings meant the di tnu ion of a lot of workable Qual. On that 
 
 occasion Mr. Oiliiin, th;, inspector, reported as fohows : — April 3rd, 
 
 18S3— "* * * The st"p.s hitheito taken with respect to tiie 
 
 fires in the Foord pit and Cage pits have tilled the former ])it with 
 
 water, and that portion of llie Cage pit wjiicli is of value, ho that fhe 
 
 vorlk-aJilf nioJ in /'"xe jiifK ix not at prrsenf hriiiij iiijiiml lii/ Jin'." And 
 
 in tile Departmental Report for tliat year he states on jtage 7 : — " A 
 
 snecial report (n) was made to you relative to the cause, extent and rndcrKround 
 
 1 1 \ / .' tire continuous 
 
 elfect of the tire, which has existed for over tliirtcrn yearx in tlie '^ince 1870. 
 
 workings of the abandoned mines {!>) at this Colliery. 1 now give 
 
 the following memo, on the subject : Tlie Foster pit was sunk in the 
 
 year 1860 to the main seam, near the face of the western workings 
 
 of the Dalhousie pits, in the same .seiiin. In May, 18 TO, a tire, of 
 
 unknown origin, startcvl in a stopping or wall between the workings 
 
 of tlie new pit and ol the Dalhousie pit. It being found impossible 
 
 to put the tire out, the shaft and all openings likely to admit air were 
 
 carefully closed. ( )wiiig to the great extent of coal worked near the 
 
 crop of the main seam, complete exclusion of air was not attainable. 
 
 (a) No rofprence is muie to this Sp icial Report in the Mines Fires Report of 1895. 
 
 (b) Siio M. V. Rep., page 11, and the coal in pilLira. 
 
as 
 
 6 
 
 M-a !«-- ./.v s,„,.ko was fo„„.l i„ tl.o M^.-'kin,. of tl..,- u,.I.,rlvinK or 
 D.3ops..an,,.ta ,.un.t wlu-ro tl... .-...uoval of pilhus I.a.l allow,..! Me 
 
 ..' o 1 pa t of thn p.t, Tho atte,„pts hitherto „,a.le to exdu.Io air 
 from tho in: wore r.ot allowo-l to rolax, and ,ul suhsi.leucca alon. e 
 m..^rop. woro oan.f.lly .lose.i. Tho wo.UinKs in the portion of 
 Dalhou.s,o ..ork„,g.s to d.o wostwanl of tho pit un.l noxt to tho 
 Poster p> wore oarnocl ahont 35 feet high, tho to.al thicknes. of the 
 
 ■un. a.ul tho p.Hars h.ft n.erely lar.o e.u.UKh to soouro tho safety of 
 tho n,nu.rs on,..o,l in working. As the pillars an.l ror.f boine 
 Meakenod. a considorahlo .listriot, next to tho Foster pi, f.-ll „. nd 
 
 towa ,1 and a ,ng the crop of the n.ain soan,. About four years a«n 
 a ,.>rt.n o the Dalhonsie workings, in.n.ediately east of thi'crusi;:^ 
 
 ^nd 'b '''"V;;^*^ "•'"'^ '-^•' ->!""- "f air. i;..fore the hole 
 
 c.uld be elosed the presence of fire was discernable close to it. About 
 
 wo years ago a liole still further east also showed si-MKS of ho.t 
 
 be ore. was closed. In danuary of last year the weak^^.g f h^ 
 
 ^en ral that holes loll u, at several points still furtln-r east. Owin. 
 to the ddficnlty of gathering earth, etc., in the .lepth of winter, to 
 Ml the n w,to the large volwn.es of air unavoidably adndtted, cansei 
 a n,pul extens,on of the hre nntil ,Ian,es issned at several points 
 At er nn,eh tro,d>le an.l expense these openings were finally lose.l 
 -a at present the lire in those crop-workings is not increal; U 
 he groun. at th.s p.rt of the outcrop of the nmin sea.n is fron. 7o 
 to loo .eet above the level of the East River, if u-if, ,,e .e.n ikat no 
 
 -ndd never ha^. been nune.l, a. it would >,of ,a, nn.ler an, .on.ll 
 twnsot ra,le (e) to re-enter these .,1.1 workings with the sn.all pillars 
 au broken ..f,^ 
 
 geat. Ihehreun.lerconsi.lerationhasno connection with any of 
 the munerous hr.« which have occure.l at these nn.,es since the date 
 
 ^plris " "'""""' "'' "''"' '"'-'' '''''' ^•^^-'-'l t" •» vari.>us 
 _j;a_U>^c^o^^e^^ .^ .^^^^._^_ ^^ 
 
 (.•) See M. F. Rep., page 5. anent the wallinj, off at the "Ti7."B^i^|^;;;^::; 
 1888. W.SeethoCon..„iHsio„er of .Mine.' sp.e.h in .ho lUnr.e of Assembly of March 14th. 
 (p) Si'e the Coiimissions- estimate on pa-es 4 and 11, M. v. Hop. 
 
emphasize tliPin when coininontin^' on certain portions of the present 
 Report on Mines Fires in this reply thereto. 
 
 How the Department j.ropo-ed to (h'lil with the iovive<l eomphiint is 7)',H,.,?*J,""Hider 
 Bh«wn ill the f..lIowing (•nrn'spnn.]ence,---at first pro])osing to I"''"''"'"'' I'^j^'J^/'prog^S^ 
 under section 21 of tiie Min-s Regulation Chapter, and re(iiiire tlie are. 
 lessees to nhi-nd sonietliinj,', — in this case the oxtin;.^uishinent of an 
 underj^round fire tliat in the Foord pit did not exist as that pit was 
 then full of water, and of fire tliat had existed in the old croj) work- 
 ings of the same seam for many yenrs hf/ore the (Imm-ument IkkI 
 leased tlie property to tlie present holders. I'.ut lieyond notifying 
 the lessee of this intention tlie Department took no decided step in 
 that direction. Eighteen months later a second thought led the 
 officials to prefer asking for an opinion of an experienced mining 
 engineer. But in turn this course was not acted on, and tlie matter 
 was again postponed for another couple of years, when the Depart- 
 ment selected to have an imiuiry hy a commission of local nicn. 
 
 Tiiis Commission met at Stellarton in May, 1895, hut without Wiil.outwrlt- 
 
 written instructions, and proceeded to take " evidence. Leali/.ing, tions ttict'oin- 
 
 • , 1 1 ■ \ 1 ii m-.Hsion begin 
 
 however, that some show of autliority might ho advisalilo tliey the imiuiry. 
 
 adjourned, and after ohtaining inslnuitions, which do not ap[iear 
 
 published, they in June pioceedeil *vith the iiuiuiry. 
 
 ConuRsroNDESCE THAT Lep UP TO TiiK COMMISSION : — III part the 
 
 correspondence that hail taken place during the years that ''itcrvenetl 
 
 between the second flooding of the Koord pit and this inquiry was as 
 
 follows : — 
 
 Stellarton, Nova Scotia, AW. 26th, 1892. 
 
 E. Gu.PiN, Esq., 
 
 Inspector of Mines, 
 Halifax. 
 Dear 5/V,— Mr. Ciendenin has sent me on your letter frrm the 
 Commr. of the 17th inst : -Certainly for my part I am at all times 
 willinj^ to discuss views I may hold ( ii methods of working or riining 
 practices that are left with me tor decision. Should you still desire to 
 have the discussion referred to in the letter in c|uestion, modified, of 
 course by the present unfortunate condition of the Foord pit, I shall be at 
 any time at your service. 
 
 I am, dear Sir, 
 
 Yours trulv, 
 
 Hknuv S. Pooi.k, Agent. 
 
 WORK.S AND MlNr.S, 
 
 Nova Srotia, Dec. 22nd, 1892 
 
 J. W. Ct.KNDKNiN, Esq., 
 
 Acadia Coal Com.. Ltd.., 
 I Broadway, New York. 
 Dear Sir,—\ am directed to acknowled^^e receipt of your favor of 
 Dec. 19th. I mav sav I have suggested to the Hon. Commr. my bring- 
 ing the question of tlie tires up under Sec. 21, Mines Reg. Act. 1 hope 
 
 rorrcsjjond- 
 t'lK'c of the 
 MiiicK Office, 
 18!i2-1895. 
 
 I 
 
And remain, yours obediently, 
 
 K. (ill.l'IN, 
 
 Inspt'Ctot of Mines. 
 
 Tmk Acadia Coai. Co., Ltd., Hai.ikax, Dec. 30///, ,892. 
 
 H. S. I'ooi.K, A^^ent, 
 
 St'c'l/'irton, A' S. 
 
 "r . . m 'l'"il!tT'..i i ,ir dcfcclivc s„ as ii. his .>|,i„ion In llirc.wn 
 
 is ;,: hv=■i^;,;o','r ;^;,'";,;,c,:: -""" "■""' '^"'>'"" =■•"•• '»»'•■ "- "«i 
 
 I Ko . r • ■■■',"'-" ''s from KH-eat part of the older umkin.rs 
 
 I beg to remain yours, obediently, 
 
 E. Ci'm'in, 
 
 Inspector of Mines. 
 
 Edwin Gi MM N, EsQiMUK, /'""/rf^v 2//./, 1893. 
 
 Inspector of Mines, 
 Halifax. 
 
 EnnS ,, <J^f''-^'>^';'-'-V''^^-^>-"^"-<'=^-^"'-"f the 30th uho., under Section ^r of 
 
 fe-est a course ^lie Mines Kc-ulatu,n Chap)-;,-, callin.. attention to ro ill,. ^ 
 
 of action. remain unextinj^uished ;- -''• ,-.:'",^"V"'M'\ I"^ '^^'"« '»"'>"'ed to 
 
 
 • ' ' ", ,-< "i'v-"uun u) rire oeino allowed to 
 
 m old workuij-s of the Main Seam, thereby 
 
9 
 
 threatening bodily injury to wnrknirn and to waste of Cro-vn property. 
 The proscnrc of tire is not denied, but it is one thuvr to desire to have it 
 put oui and anoiher to kn' w how to do it. I am with you in the desire 
 foritsextinKuisliment. huf 1 lack ihe ability to see a course lo pursue 
 that will ensure indubitable success Will ycni kindly oudi.ie a course 
 that in your opinion would effect the object desired and obli^jc, 
 
 Yours truly, 
 
 Hknry S. I'ooLK, j4^fn/. 
 
 Hai.ikax, N. Hj'ifi. !;///, 1893- 
 
 H. S. I'ooi.K, EsguiRK, 
 
 Care J. iV Clctuiciiin, Esquire, 
 I Broadway, N. Y. 
 
 Dear Sir —\x\ pursuance of ou; conversation re " Foord I'lt,' and 
 the question of tl.o next step to be taken, uni' .>ec. 21 of the Mines 
 Reu Act(of inspectior), 1 would sav that pr. . ■'\<^ your company is 
 not prepared to remedy fo.thwiih the matter i plained of by me, Ihe 
 question arises as to the shape any aibitraticui should assume. It may 
 not be necessarv for any arhitr.uion to k*> ii>'<) everv detail thai may be 
 connected with 'the noli.c in ouestion, ami mnUers may be much simpie- 
 fied by adopting' the essential for c;.nsif'. aiion. I would sugj,'est, 
 without any prejudice to the rights of the licpa tment, th...t the following 
 could be submitted for arbitration .— 
 
 1st. The cpicbtion can the tires in the workings of the Main Seam 
 be extinuuished ? 
 
 2nd. The feasibility of extinguishing part of the fires in the old 
 working, say as far up as the fan shaft. 
 
 3rd The practical feasibility of carrying out any scheme involving 
 an attempt to extinguish all the tires in die old workings. I think this 
 is nea-ly on the lines suggested. .So far as the Department is concerned, 
 the discussion of these ciuestiars could be entered on at any time. 
 
 Yours truly, 
 
 E. Gii.PiN, Jr. 
 
 January 1 8///, 1 893. 
 Edwin Gii-pin, EsguiRK, 
 
 Inspector of Mines, 
 Halifax. 
 
 Dear Sir,- Your favor of the l^h inst. was duly received at New A ,mu.tionI 
 York. In it the remark, "presuming your company is not prepared to, ^j,,^;,, re- 
 remedy forthwith the matter complained of by me," is in advance of our,,u.su-.l^of 
 attitude, as we are quite ready to cenainly consider, and pi()bal)ly accept, j,^—j,j_|j^-j^^_ 
 any suggestion th.it is within the meaning of the Mines Keg. Act, 
 ♦'reas(mably practicable." On our part we assume that the Mmes 
 Department does not propose to knowingly take an untenable position, 
 ancl N.e have vet to learn that you yoursjlf arc prepared to submit any 
 pirn or method by which vou believe a satisfactory answer can be made 
 to the 1st question, which'reads, "Can the t^.ios in the Main Seam work- 
 ings be extinguished?' If you can outline such a plan we shall be 
 pleased to consider its pr.lcticability. 
 
 The 2nd question requires no discussion, as we are now flooding the 
 workings to the bottom of the " Fan Shaft " referred to. 
 
10 
 
 that w'e decline to taktand'obl^Ke, ' ' '"'"'' '° '^ P'''^^^'-^'^ 
 
 Yours trjiy, 
 
 Acadia Coal Co., Ltd. 
 
 H. S. Poole, A^en^. 
 
 Proposal to 
 consult a inin 
 Ing engineer 
 
 The AcAjiiA Coal Co., Ltd isi August, 1893. 
 
 H. S. Foolk; Esq.] Genl. A^rt. 
 Stellarton, N. S 
 
 des^.Jli;i,^^;:jS;il;I;^;-^"r ^'^'/^^ Hon.Co,nmr is 
 recovery of the coa n t e M^i^ S.m "f rT^""''. '^^"'■'"^' "P"" ^^e 
 and to say that he his in rnnV 1 i '^'" ^""ected to write to you 
 
 report on'the samV^JonTaTSre'^inelr^'ri^^''^ "' P^"'^"'"''"^ '" 
 purpose he has in view to exnr^s^ hiA ;!k ' ".? ^ advisinf,^ you of the 
 approval, as the yueStTon is nn! ) a '''•^' ^'''''' "'^ ^'"^P ^^'" '"^et your 
 that you will k 'kIIv fu nisi ,0 anv . ? Tr'^'l ^° ''>" ^""cerned, and 
 nation you and yJurXt, ^, y^ ^:^ ^J^T^^ ^"^'^ '";"'- 
 standM.g the facts and arriving at',^.'; Teg ti^a rco' du ion™ '" ^"'^" 
 
 Believe me, yours very truly, 
 
 Dr E. Gilpin. 
 
 Deputy Coimny. of Mines, 
 Halifax. 
 
 Gilpin, 
 Dep. Com. 
 
 August 2nd, 1893. 
 
 Yours truly, 
 
 Acadia Coal Co., Ltd., 
 
 H. S Poole, ^_^^«/. 
 
 E. Gilpin, Esq., August loth, \^,^^, 
 
 Depy. Commr. of P. ir/.'s. and Mine^, 
 Halifa.x. ' 
 
 be ^^!'i^^}:2^'it^^^:,:i^'}^^^-^ '^ ""^^ "^^^' - ^•^-■^ 
 
 report or suggestions of an . , en ', ^ 'S'fd pirmd"'" r^P-'*%V'^ 
 man. seam, and to facilitate w hose l mi.;.? "'' \^"'''^'"J.'s m the 
 
 shall be «lad to know\ hen 1 e i hkelv o Se'Zr? ''T',"''"^- '^^'P' ^^'^^ 
 a very early day. ' '^^ '^^'^^' ''*"^' '^ope 't will be at 
 
 Yours truly, 
 
 Acadia Coal Co., Ltd. 
 
 P. 
 
11 
 
 Hon. Chas. E Church, 
 
 August 28///, 189I. 
 
 Commr. P. Works and Mines, 
 Halifax. 
 Dear 5/r,— Referring to our conversation on the 25th inst. respecting 
 the condition of the Foord Pit and the desire of the Government to 
 obtain further information upon the subject through an examination by 
 an expert representing your Department I would say that we shall be 
 glad to place all the information and plans we have before said expert. 
 
 In view, however, of the complicated questions he wi'l have to con- 
 sider, permit me to suggest that the Mining Engineer ^elected, in order 
 that his report may be of value, must be of the first rank and of wide 
 experienee. As coal mining in Eastern Canada is confined to Nova 
 Scotia, the selection of a Canadian expert would necessarily be restricted 
 to this Province, but I have no knowledge of any Provincial M. Engineer 
 whose experience would qualify him to deal with the problem of the 
 Foord Pit in a more capable manner than our agent, Mr. Poole. 
 
 I would further suggest that the examination be made as soon as 
 practicable, and during the season of moderate weather, as the winter 
 would be an unsuitable time. 
 
 Yours respectfully, 
 
 (Signed) J. W. Clendenin, 
 
 President. 
 
 
 May I t)th, 1 894. 
 Thk Hon. C. E. Church, 
 
 Commr. of Pub. Works and Mines, 
 Halifax. 
 5//-, — Ve beg to advise that we have begun preparations to enter the 
 Main Seam by way of the " Foord Fan Pit." As the conditions below 
 are unknown we shali have to be „overned in our progress by circum- 
 stances as the work advances. 
 
 La.M year your Department raised the question of working or non- 
 working the seam, but m so general a v.ay that we could not understand 
 what coirse you were advised could be pursued. 
 
 We would now re.^pectfully request that we be promptly informed of 
 the attitude you take, for it manifestly would not be fair to us, assuming 
 on your continued silence and inaction that the matter was dropped, to 
 allow us to make expenditure and then subsequently' to revive a conten- 
 tion that has not as yet been definitely placed before us. 
 
 We are. Sir, 
 
 Your obedient Servant, 
 
 Ac.\ni.\ Coal Co., Ltd., 
 Henry S. Pooli., Agent. 
 
 May 22nd, 1894. 
 The Acaui.a Coai, Co., Ltd., 
 
 H. S. Poole, Esq., Agent, 
 Stellarton, N. S. 
 Dear Sit,- I am directed to acknowledge receipt of yours of May 1 5, 
 in which you state your company has begun preparations for re-opening 
 the " Foord Pit " main seam, and ask the attitude proposed to be adopted 
 by the Government toward ihe " question of working or non-working 
 this seam " I am directed to s;iy in answer to your enquiry that the 
 Department is pleased to learn that the subject of rc-opening the " Main 
 Seam " is receiving attention, and trusts your exertions will be success- 
 ful, and t.-.kes for granted that you can have in view only the same 
 
12 
 
 I rem.iin, yours truly, 
 
 E. (iir.piN, Dvp. Comnir. 
 
 Minks I)i-.i'.\rtmi;nt, 
 
 Halifa.x, N. .V., May yd^ 1895. 
 
 H. S. I'ooLK, Esq., 
 
 AouUa Coal Co., 
 
 " Jo:r"?;':f;p,,^;;;^';,;^Y,J"l'/^''>v-"me have directed me to associate some 
 niissio.i 11,0 P^'^""^ ^"^y ^''iiMdcr well uiformed n minin-r milters wl-l, »„ ir 1 
 - jlco- 1" make enquiry with a view of leirninu ,11?,., "^^"^' •'"^' 
 
 t'°"- causes, history, and extent of the fir" ' ' •• ' ''"' '"' "^ '"' "^" 
 
 JilimiiUu .seIco-f'"ii<ike enquiry with a view of 1( 
 
 tory, and extent o 
 of makino- any su^i-estions thereon. 
 
 I had 
 
 ■es in the .Albion seams, and possibly 
 
 "as desMous ot answering- some enquiries of your president. 
 
 Believe me, yours, etc., 
 
 (.Signed) K. Gilpin, Jk., 
 
 Inspector of Mines. 
 
 Dk. E. C.ii.i.iN, Jr., ^'/'/M^/^, 1S95. 
 
 Inspector of Mines, HaliJ'a x . 
 
 Yours truly, 
 
 H. S. I'ooi.K, Agent. 
 
 The ComnuV,.ion then proeeedod with tlicir inquiry. 
 
 ArnmiuTV rxn.H wnuu th. Comm.ss.ox tmimed to Act - 
 It w,il 1.0 not,.,] in ,.,.rr,.spond,.H,.,. of a later date that this in,,„i,y 
 purpor ,..Uo 1,0 eon,lu,.t..d uM,h.r authority of Chapt,.,. 120 of the 
 
 of is: 
 
 *^Mr. r.Mcwa, out of the co,.,Urv ci„ri,„ the revival of the agitation in the winter 
 
]'^ 
 
 I. WIh.movot the r..w<.rn<>r-iu-(:onncil .Icuis it orrp.nlient tn I;aw uuil.or^^ 
 
 cniiso i„4uirv to l)o n.iulc into and c.oi.coniin- any niattor conn(H:te.l wl.mMm spo.- 
 with th." <,'o(ul j,'..v(.nuu.'nt of the Province, or the conduct of any 
 part of th« l.ublic business thereof, or the luhninistration of justice 
 therein, and such in.iuiiy is not rcf^uiateil hy any special hivv, Mio 
 (Jovemor nii.y hy conunission in the case confer upon the person or 
 persons hy whom su.'h in.iuiry is to he con.lu 'o.l, the power of 
 summoning before luni, or them, any pi.rty or witness, and of reipur- 
 ing them to give evi.uMK'c on oatli orally, or in writing, etc., etc., etc. 
 3. The power thus conferral by law, or by the (lovernor-in- 
 Council. in virtue of either of the preceding s... ♦nms, shall carry with 
 it the same j.ower to enforce the attemhmce of such witnesses, and 
 to compel them to give evidence as is vested in any court of law ui 
 civil cases, etc., etc., etc. 
 
 How THE Inquiry was CoNi.ucTKO.-The notes of evidence „owj^^^, aw 
 taken by the stenographer it is not contended that they were taken 
 verbatim. At times there was a cros.s-Hre of <iuestions referring in 
 some cases to localities indicated only by pointing to the plan of old 
 workings, and there was a techni(;al use of .common words which was 
 in some instances confusing. That unintentional errors should thus 
 be recorde.1 is not surprising, especially when th- inquiry Avas con- 
 du.'ted by men without legal training and not familiar with the rules 
 of evi.lei'ice. When .some of the resulting errors were noted, and it 
 was a.<<sumed the Commission had a desire to be accurate, the It'tter 
 of August 7lh, 189.^ was sent to the Comn.issioner of^ Mines. The Innmry^^^^n^ 
 reply of the next day read in connection with that of February -'*^''' i;;-j;f^'^';'''"°" 
 18y(), .suggests some startling conclusions. 
 
 It would .seem ch.imed for Chapter 120 of the K. S., f.th series, 
 the right of such a Commission to put all sorts of questions, relevant 
 cr otlu-rwise, to make all sorts of damaging suggestions, and even 
 accusations, and yet that the party so accused had no re.lress before 
 the Commission .so condu.'tc 1, no right to produce rebuttal testimony, 
 and no right to cro.ss-e.Kamine. 
 
 It nee.l hardly be said that n.any solicitors hold an opinion on !Vo,.ul,,rc, not 
 this construction of the powers conf<.rred by Chapter 120 at variance Ick-U fnacrni- 
 with that of the learned Couimi.s.sicmer of Public Work., and Mme.s. 
 As t. the value of the Repo't- 't ^vill depiMid on wh-ther it be found 
 fair and just and accurate in detail, or the rever.se. 
 
 While the chapter provides : " And ^uch iiupiiry is not regulated 
 by any special law," still it is used, an.l although there do happen to 
 
14 
 
 special laws, elmj.tor. 7 and 8. rol 
 
 liitiiif,' of M 
 
 lilt's. 
 
 , relating to the L 
 
 using and Kegii. 
 
 It will also I 
 
 Co,.ums,io,„.r „ M ' ',' "'", '■"™""'"" Council, „,„| ,,„ ,u,e 
 
 NH M..1 ,. , ™' '"'''" ""P""'"'!!! of Minos." 
 
 been isl;„":;J """'"""" «- -"-I.o".l«..oc .l,„ l,e„ort 1„„, „„t 
 
 to c^oss-oxiiin- ^^ "''i lurther ho noted tli..f ,„i -i ., , 
 
 B„;'.S"-"*".»iij,„ ,v.oi ;,,,'''''■ "" '■■'"" "f -^"f---' M> 
 
 HI ci.il cas,..,»-,rttl,„i,.„„„ , ,,, ''""' '"•■"■y court of laiv 
 
 i>.',»rtu,c„t of Mot,;.; ,; "i","'^ "- .^"''. ■»««. ''«... *. 
 
 mi. li,,,,, tl.crc „xi,t, i„ „o H. , ''""""»'"" " '■<'to« Coal 
 . «i'y .■•Vl.t o,- po,vcn ..c «,',■';''''" ". "■""«^» "' "" ""M'hr. 
 
 "H. followi,, :«.„,, J, ' : '; ''''»'« "'« l'--'»t-. of .l.e ,.c,,„rt, 
 
 Protest 
 
 The Hon. C. E. Chv-kch ^''•''-'-^'^ton, N s,//,/^ 22^^, .fjgj 
 
 f:'T. ' ~ ,1 ':^«^''*^f I 'I'lve to protest aL-iinst ,h» 1 r ■ 
 
 rt f>f f fo .?i ' ' I , Pi'lilication of refer- 
 
 on cause, 
 County for 
 
 dence. I'/story. and effects of the hres n thi^ "^r"^"' Commission 
 
 the follouino reasons : " '''*" '"^'' ^^'-^'"^ "f l^ictou ...,„^ ..^ 
 
 inqui':;^;;^^;:;;:.';^:;,. TS reiJS"'"^ '" ^'^ '"'^^ "^ ^-^-"ce, a, 
 
 cor;ea^, al'e Sf u.lIatisnJao;;?'' '"^"'"I^'^'*^' ^nd although partially 
 
 References too were niiflp t,^ a-.o- 
 ^-^'Hl Mr. Wills, the n' . ^m re pcJt'T^ t?!/'?^"-" 'between myself 
 nm here to answer for hims H f 1 7 '"^ ^ "•"'' ''i^'" Mr Wills i 
 plained refeiences mayT:;,!!:,;;;!;::'— - '^■""> i'-perfect and u;;;x: 
 
 ^lif a^i';;f-;;.;^tri; thJ'Sii^j;;-^iS'- '^ •- '^eld under the 
 
 . / am instructed Chan i->o is if ., '^ , ^'''■ 
 
 ■nclude the present enquiry. ' '''"''^^' "'"^'^"t be construed to 
 
15 
 
 {egii. 
 
 I therefore respeclfully object to the publication of personal reference, 
 more especially of any of mere hearsay character. 
 1 am, clear Sir, 
 
 Your obedient Servant, 
 
 Henry S. Vooi.v, Agenf. 
 
 Stellarton, N. S., August 1th, 1895. 
 
 Hon. C. E. Chukch, 
 
 Commr. of Public Works and Mines, Halifax 
 Sir,-l regret to see you have given to the press the mnperfect Protest 
 report of my alleged replies to the Old Pits Commission, although I ',\^;j|'i',!;^ 0^,^°: 
 advised you in mine of July 22nd that it was in parts incorrect. I find :— accumcios. 
 
 I am imfutcd to have assented to the ridiculous statement that the 
 Fflortt pit is on fire. Evory one knows that the workings of that pit 
 have been under water for two years. What I did assent to was the 
 existence of fire in the o/ti pits. 
 
 1 am made to refer to Mr. Hall. I did not once name him. 
 I am reported as saying the strata between the 2nd and 3rd seams 
 east are fifty feet thick— I said -.—There they were 100 to 108 feet thick. 
 In my humble opinion the evidence collected should, to be of any 
 value, have the individual endorsement of the witnesses. 
 
 I ain, Sir, 
 
 Your obedient Servant, 
 
 Henry S. Pooi.e. 
 
 Halifax, Aug. St/i, 1895. 
 Bear Sir,— I am directed by the Hon. Mr Church to say in answer 
 to your letters of July 22nd and August 7th : That the whole matter of 
 the Commission is in the hands of the Executive Council, and he would 
 prefer that you would address yourself to it through the Hon. Provincial 
 Secretary. The Commissioner, as a member of the Executive, under- 
 stands that the Commission was an open one, and that no restrictions 
 could be placed on the publication of such evidence as was presented. 
 
 Mr. Church his been informed that no '.bjccticm was raised as to the 
 manner in which evidence was accepted, and your otTer to answer (jues- 
 tions in writing was coupled with an intimation that such questions 
 would be answered as were deemed proper by the Acadia Coal Go. 
 Full opportunity was offered for the .Xcadia Coal Co. to amend or con- 
 tradict any evidence that appeared to be incomplete or unsatisfactory. 
 As regards any differences of opinion between Mr Poole and Mr. Wills, 
 the Commissioner has been informed that any full and clear explanation 
 as to any ditiferences of opinion, if tendered by Mr. Poole, would h.ive 
 been satisfactory and accepted without hesitation. 
 
 The Hon. Commissioner is ad\ised that the present enquiry is legal Tho chief of 
 and proper under Chapter 120. The Commissioner further states t'^iit |J;.^, r™\"rti'aufs 
 he has nothing to do u ith the publication of any evidence tendered before ,,„i,ii,.„tion be- 
 the Commission.* The Commissioner is further advised that the indi- foro lu-i- entii- 
 vidual endorsement of a witness is not necessary. 
 
 The Hon. Commissioner regrets that any misleading or incorrect 
 evidence should appear as having been given by Mr Poole, and would 
 be pleased if Mr. Poole desires it, to furnish him with a copy of the 
 evidence as t iken, and to append to the evidence such corrections and 
 any further statements that Mr. Poole would like to make in the matter. 
 
 Yours truly, 
 
 E. GlLlMN, Jr., /Ji'p. Commr. 
 
 • The only reporter i)rt-ient at tlio in(|iiiries was the cflioial rciiortcr I who nlo:ie could 
 have tuniislud lo Ihe local press their cop.v. 
 
 lion of tiio re- 
 port. 
 
 I 
 
16 
 
 Thk Hon. \V. S. F 
 
 Stki.lakton, N. S.,y, 
 IICMMNG, Prov. Secretary, etc.. 
 
 viy. 22 fi,/, 1896. 
 
 Halifax, N. S 
 
 efr "''oil'iZi'^'r.^"''! ■','' P'"P^'sed to publish as official all the evidence 
 me-it of iliP^o , ;^ ''"^'•'"''- . *^''- iV''ls, in his, imputes to the mar.;u'e- 
 
 gi'!e„ '"' ""' ''°"'-' ''^■^^' "°°PP">-lun,ty to cross-examine Mr. Wills was 
 I therefore respectfully request that as this was not done and Mr 
 
 ^m\i;:;x;:,tp:;r;'" ''- ""''^"^"'-"^ ^^-^^ - ieastK:'j:;;;;nS 
 
 I am, .Sir, 
 
 Vour obedient Servant, 
 
 Henr\ s. Poole, ^^w/A 
 
 , .'"^•^"'•7' •?'" fiiiected to acknowledLre receipt of vour lettor of 
 of Minet' ""' ''^ '"''^^■" ^"' ''^^^' '^ ■'- been^efer";r;o°the Dep^JIment 
 
 A^,r,ut Ac.una Coal Co., Stellarton. ^''°'^"'"^''' ^^ ^ -^'•^>- 
 
 Acadia Coal Co , ' 
 
 H. S. PoOLK, Agent, Stellattoii, N. S 
 
 Rulelaulilown I am further directed to sav fhit ho I., -.r ,. • • • 
 
 overriding of the nKnm r>f th„ r • -^ . "' "P'"'"" that in an enquiry 
 
 ssTi^isin ;oV;;;rcil'''.? tsr^;'r;;„ s:. ':°vVii',r„/r' ''--? "'=•' 
 
 1 remain, yours truly, 
 
 E. Gilpin, Jr., A-/. Commr. 
 
 The Report Consideued.-Iu oonsidoring this Report it n>ay 
 be regarded fro,„ two points of view : Fn.t, i.s it u careful recor.l of 
 facts ; and .secondly, wliat is the value of the conclusions and siurc^es- 
 tions of the Commission ? The latter will. „f course, have w^^^lu 
 only m proportion to tin- training' and rcjuUe of the several n.eml^rs 
 c^rUu^,nnn>.^ion^^ itself displays 
 
 *Koord Pit Disiister. Inquest N'(.v. 24th 18S0 ' " ' — 
 
 WuS-l":;;;!'" "*"'" '-^'- *"^^°"-Are you a .nining en;,i„eer ? 
 Mr. McColl— Have , you a certificate ? 
 
 Colle(;i.;'«'i:Ki;or'NV"''"' "" '^^^ •'""'-" ■- -"-J-ts con„eetea ui.l, n.ines in King's 
 
 
17 
 
 was exercised in obtaining, recorJing, and digesting tlie " evidence '' 
 collected. 
 
 It is not pro[)oso(l hero to review s.-riatiiu all the statements, 
 comments and conclusions in tliis Report. It is deemed sutficient to 
 discuss only some of them, and to note tiiat accei)tance is not to be 
 implied by absence of comment. 
 
 " Every })ossible effort," says the Report, " was made to secure Evidence that 
 all available information about the old workings * * *" Yet nocd. 
 reference will be foun<l in the Report to evidence which might have 
 been obtained from Mr. Hudson, general manage^^during an impor- 
 tant period in the history of the Albion Mines, or of his son, a 
 certificated manager ; or of Mr. Itutherford, inspector from I860 to 
 
 1871 ; or of Mr. Hall, the well known mining man of Springhill, 
 underground manager at the Albion Mines for many years ; or of his 
 successor, Mr. Greener ; or of Mr. (Hlpin, engaged at the Albion 
 Mines in 1872, when the workings inside the Cage pit Big Brake 
 were walled off (see Reports of the Mines Department for the years 
 
 1872 and 1883) ; or of Mr. Gilpin, inspector in 1880, when the 
 Barrier in the Foord pit was broken through and the explosion in 
 that pit occurred, and who gave in the Report for 1883 a special 
 report on the underground fires in this locality, the subject of the 
 present inquiry ; or of his deputy, who visits the working coal juts 
 each month ; or of rebuttal evidence that might have been produced 
 had a definite charge been made in the direction of the findings of 
 the Commission. 
 
 ^**-~w'Z*-»^jf 
 
 •#*• 
 
 ..^ 
 
 Xeither did the Commission bring to bear by personal examina- 
 tion of the strata now exposed, the seams of coal now open, or such 
 of the Barriers they refer to as are now to be seen. They made no 
 visits underground. Neither did they study before their witnesses 
 the plan of the Foord pit workings of 1890-92, of great moment in 
 relation to the leakage of air* ; and this was the more to be regri'ttod 
 as the inspectiir and head of the Connnission hud never visited that 
 pit while open during the three ye.irs in question. 
 
 Neither is there reference to the " fires "* of which complaint is 
 now made having existed for some l.''> years in the Albion area bel'ore 
 it was re2eased to the present holders ; nor is there reference to the 
 absence in the new lease issued to the. present holders, of any stipu- 
 lation whatever, reijuiring remedy of the now complained of condition 
 
 * It may here be explained that the term " nnderiround fire ' is often misunderstood ; 
 
 the popular idea of a fire is a blaze and active eombustiou of fuel. But mines are spolien of 
 
 as " on fire " even when tlie combustion of tbe coal is very limited, and no indication 1^ to be 
 
 seen on the surface, when, in short, tbi re i- sufficient local heat to cause distillation and 
 
 2 imited combustion proportionate to tlie leakage otftir. 
 
 l 
 
1^ 
 
 of uUair8 which existoJ, and 
 
 ftt the tiiiio wlieii tl 
 to the 
 
 were known to exist by the (Jovernnient 
 
 Hi present lease was issued 
 
 no referenie is nnidi 
 
 records and the knowledge of the subject acquired by the 
 Mines Office ; or to the monthly reports of the deputy --or th^ the 
 pl:!Z' % y^'-'^'-'^ "f ^'i- offered any assistance or advice' to tl w!^: 
 ;ered „o ad- during all these years ; or made suggestions on the re-openin. of the 
 i^oord pit; or nmdo any objection to the manner in which Ihat pit 
 was being re-npone.l. As a matter of fact the Report for 1891 
 sjjeaks tavoralijy of the operations. 
 
 s^ ^r '^"^ Commission make a Suggestion.- The Ion. parairranh it 
 J...... tliefootof page 11 ...s with this suggestion : - I^JS:!^;' 
 
 .na>^ be en- be leve that in view of the evidence offered this section only of the 
 old workings (in the Deep seam) would warrant an attempt at re-o,. n- 
 ing at present." Anxious to apply the skill of the Commission, and 
 to be sure what portion of the field might be now worked with their 
 approval, the following correspondence ensued :— 
 
 Dr. £. Gilpin, Stell.^rton, N. S , 5.//. ,o//i, ,896. 
 
 Inspector of Mines, Halifax, A' S 
 
 Yours truly, 
 
 Ac.xniA Coal Co., Ltd., 
 
 A, . Halifax, N. S., Se/>/ iS/// 1806 
 
 Messrs. Acauia Coal Co., Ste//ar/on, N. s., ^ 
 
 H S. PooLK, Esq., A^eni. 
 
 iy'IS:°"\,,,,;^r':^"'7!"'T'>''">'""'-^"f -^^P'' '°th re report Commission I 
 
 nord. thepiliais o" the th.rteemh Ime from the bottom of page 11 
 
 I remain, yours truly, 
 
 E. Gilpin, Jr., 
 
 Inspector Mines. 
 
 Dr. Gilpin, Stellarton, Sept. 24M, 1896. 
 
 Inspector of Mines, Halifax. 
 
19 
 
 "this section " about which we write, so we enclose an outline plan on a 
 small scale, one of ten chains to an inch, of the workings in the Deep 
 searn, and would ask you to please indicate on it with a coloured line the 
 portion of the workings in question, and return it to us. 
 
 Yours truly, 
 
 Acadia Coal Co , Ltd., 
 
 H. S. Poole, A^ent. 
 
 Stellarion, N. S , Oct. 13/A, 1896. 
 Dr. E. Gilpin, 
 
 Inspector of Mines. 
 
 Dear Sir,— We expect our President here at the end of this week, 
 and we would be glad to have your reply to ours of Sept. 24th to lay 
 before him. 
 
 Yours truly, 
 
 Acadia Coal Co., Ltd., 
 
 H. S. Poole, Agent. 
 
 Halifax, N. S., Oct. 14/A, 1896. 
 Acadia Coal Co , 
 
 H. S Poole, Esq., Stellarton, N. S. 
 Dear Str,-\n reply to yours of Oct. 13th respecting yours of Sept. 
 24th, I beg to say the information respecting the amount of pillarage in 
 the Deep seam was arrived at by the Commission by superimposing a 
 tracing of the Main seam on a plan of the Deep seam, liy a repetition 
 of this process you will see exactly how the matter was regarded by the 
 Commission. 
 
 1 remain, yours truly, 
 
 E. Gilpin, Jr. 
 
 Stellarton, N. S., Oct. 19///, 1896. 
 Dr. E Gilpin, 
 
 Inspector of Mines, Halifax. 
 Dear Sir,- I have yours of the 14th inst in reply to my request of 
 Sept. 24th, that you would please run a line on the small skeleton plan of 
 the Deep seam old workings I then enclosed. Such a line to define the 
 actual location of " this district " in the Deep seam you recommended in 
 your " Mines Fires Report " could at the present time be worked. 
 
 In place of returning the plan marked as requested, you suggest a 
 superimposition of the main seam plan on that of the deep seam. This, 
 however, for practical purposes, leaves the location of "this district " as 
 undefined as it is in the Report, and as liable to misinterpretation. 
 
 In order that this company may obtain the benefit and carry out to a '|'i,p renuest is 
 practical issue the advice you offer, and free from any possible misunder- iKnorcd. 
 standing on my part, I beg to again prefer the request that you return 
 the skeleton plan marked as requested in the letter of Sept. 24th. 
 
 I am, dear Sir, 
 
 Yours truly, 
 
 H. S. PooLK, Agent. 
 
 To this repeated appeal iio response was received, and the 
 assistance naturally to be expected from the Government Inspector 
 and Lessor's agent was not given, and the one presumably ]iraetical 
 suggestion has not yet been acted on. If for the sake of trial the 
 
 <**-, 
 
20 
 
 Errors in the 
 Report . 
 
 ptucoHs of lli(, cMMiiinissioii, ,,f siiperiinposiiig a traciii-,' of the Main 
 senm plan owv tliat of the Deep scam i.s repoatcl it will be seen that 
 the area of ol.l Deej) seam workings left .incovered incliules the area 
 rohhed previous to 1872 ami probably still snion'dering. It also 
 includes the area of pillars which Mr. Gilpin in his report for 1883 
 implies is ot no value, and it leaves oljscure the course M stoppings 
 assumed necessary for the isolation of " this district " would have to 
 take. 
 
 Pof^ibly for these reasons the coloured line was not drawn. 
 
 •Statemexth Requiring Explanation.— On page 2 it is stated : 
 " As the tire "—in connection with the severe exjilosion at the Inter- 
 colonial Coal Co.'s colliery at Westville— " was promptly extinguished 
 and work resumed, it was not considered necessary to make any 
 formal emiuiry into that explosion." In this paragraph the word 
 " promptly " covers operations extended over three years.* On the 
 other hand reference was made to the Third seam which was entered 
 within one month and was recovered six months after the explosion 
 in 1888. 
 
 On page 3 the seams are .said to "have been followed to the 
 bottom of the i)asiM and * * their u[)ward rise * * proved." This 
 is only apparently true of one -eani, and i).oved but for a half 
 mile only. 
 
 On page 4 : "^he top coal only was worked in these mines " (the 
 liye pit workings) it is remarked ; while it is k.iown some 4 or 5 
 panels of the iJottom coal wore lifted out of East JVo. 1 pit (.see 
 Watson's evidence) and drifts driven to the west (see Watson's and 
 Douglas' evidence). Neither is this working shewn on the plan, nor 
 are drifts th;it Douglas .speaks of as driven in the Big coal to the 
 Dalhousie pit workings. 
 
 The ''few yards " mentioncil at the foot of page 4 as the extent 
 of openings east of the Cage pit actually measure some 240 yards or 
 more. Sn doubtful was their extent that the management thoufdit 
 it advisable in 1888 to put in flank boreholes when sinkin<' the 
 English slope, distant some 1100 feet from the Cage pit. 
 
 On page f) it is stated, and repeated on page 11 c: this Eeport, 
 that "it is believed the explosion of 1888 in the third seam extended 
 the fire in the Cage pit .seam to the east of the Big Brake line of 
 stoppings." The fact is well known ^o be that the tire in question 
 passed east of the line of stopping-s .some six weeks before the 
 
 * See Report of tlie Department of Mines for the years 1873-76. 
 
21 
 
 to the 
 
 This 
 
 a half 
 
 the 
 
 explcsion rofpircd to, heiico this stato of affairs was not " owiiif? to 
 the explosion." 
 
 Tlio loiigtli of ht' Kiiglish slope j^iven on the smiii' pa<^o h1i<iuI<1 
 read 2800 fcut, and not 1 SOO foot. 
 
 On page 7 it is stated : " The inanagomciit, not contented with 
 incurring the risk of penetrating the harrier surrounding old work- 
 ing.s * * * eon.iected tlie Deep and Main .seams hy a stone tunnel." 
 The order of events here rvdated is transposed, the sti)ne drifts wore 
 driven in 1877, while the penetrating the harrier occurred after and 
 since Dr. Gilpin bocanic Ins[)eetor of Mines. 
 
 On page ') the Report .says in speaking of tiie lire in the Cage 
 pit, 1871-72 : "This fire was generidly believed to have been caused 
 " by the root' of the Cage pit falling up to the workings in connec- 
 " tion with the Foister pit fir<\ It was stiteil by the then ins]iector 
 " (Mr. I'oole) that by some means unexplained afterdamp suddenly 
 " found its way into the workings of the Cage pit seam. lli*i 
 " opinion now, however, is that the; tire in tlu^ Cage pit was in no 
 ** way connected with the tire in the upjier or main beam." 
 
 While the extract above is given correctly enough, the accom- 
 panying comment conveys a wrong impression. Mr. I'onle was not 
 in the Province at the time, ami was not appointed in>pector until 
 after the stoppings along the Big Ihake in the Cage pit had boon all 
 built. He did not pretend to express personal belief as above. 
 While the use of the word '• now " in the Report gives an impression 
 that he held one view in 1872 and another in 189").* It was 
 Mr. Giljmi. himself who expressed this vi(!\v in his Rejiort for 1883, 
 and on page 7 wrote : " In 1872 its smoke was foand in tlie workings 
 of the underlying or I )ee[) seam at a point wher(, ;he removal of 
 pillars had idlowed the roof to break away uj) to the overlying seam. ' 
 As a matter of fact there were no workings in the upper .seam over 
 the site of the tire in the Deep seam, and iho credit of the statement 
 that tire came down frrui the Main seam is not de.-ired by Mr. 
 Poole. 
 
 The Report says, page 7 : " fn the present system of working at A most mis 
 the Albion ndnes there are now four seams connected, viz. 
 Third, Cage Pit, Four Feet, and Main Seams." * * * " it may be 
 * * * the limited extent of good coal in tiie Third .seam renciered 
 it necessary to utilize the Third seam workings as a means of access 
 to the other named seams. It must, however, be remenibereil that 
 
 , leading state 
 tlie incnt. 
 
 ' Sec his evidence, page "5, of tlie Fire Report. 
 
00 
 
 Faulty mine 
 plans. 
 
 What's in a 
 name. 
 
 "" «ccul,.„t to th. w.„k. in o... «oa,n may „„.„.. tlio rloHin^ „f tl,o«o 
 '" "I tl.r..o. At tl,o time tho H..,K,rt was .lat..l tluMo wore no 
 ^vork.nKs ,„ tl... Nlain H,.a,n. nn.l thoro ar« nun. now i„ connection 
 w. I. Iw, IImH Hoan,. Th.. old ronnectionH with tl.o I)o«p Hoan, aro 
 n.l of wat..r, and «.. U Mu- al.andon.d ..xplori„K slopo that load out 
 of Mm. I)i...p soa.n. On turninK to tl... scxtion of strata given in tl... 
 Koport, pago 3, no nM-ntio,, i.s „,acl.. of tho Fo.,r f,>et scan. ; and 
 .•.Kl.tlv onoHKl,. for tho fact is, it is a nan., only for a portion of the 
 
 '""•'" ; -l-ratcd oniv fnm, the main part of that scam l.y a 
 
 I'ly.T a to Hi H.ct thick of ^hah.y coj. ft is n.islonding to refer to 
 1 <•< ■•.Mv M-ay as a «oam tliat mi^ht he worked independently from 
 ho main portion of the Deep scam ; for in short the so-eallcd'.' Four 
 feot and " Deep " sonms go to make np l„d one ..an,. Instead 
 hen of fonr sean,s in the present syst.Mu of Morking there are 
 hut two. 
 
 ^ What the ohject of this criticism was may ho surm..ed when it 
 IS remon .,cd that tho practice of working two or n.ore seams froni 
 one .shaft ,s con.«idered goo.l in nuu.y largo m-'ning .listri,.ts, and 
 the M,ne.« Department has not ..onden.ned haying two sean-.s 
 connected by a .Irift at Spring Hill. Moreover, it was .loul.tles.s 
 known -.0 the Connnis.sion that the tender measures hut fifty feet 
 tluck, or es,., ,n .sonu- paits, between the Deep and Third ^eams 
 .lebar. Hi tho total isolation of independent working., in these .seams 
 «..<! practically re,p,ires them in part of tho area to be treated as 
 fiubject to possible connection. 
 
 The Report notes, on page 6, tho " inaccuracies of the mine 
 I'lan.^. Ihe plans complained of aro inaccurate. They bear this 
 legend : '' K. Gilpin, fecit 1873." 
 
 On reading the " eyidence " published with the Ropovt the 
 m.ncrs ot Stellarton, who had personal knowledge of tho subject, 
 tlHHightit .strange" that Mr. Poole in answer to the ques'tion 
 How IS the coal in th- Foor.l pit?" should haye replied " 1 neyer 
 wns down " (1). They well knew to tho contrary, and to publish as 
 .■. n.ply what was knovn to t„; u-, rue, was to bring him into disre- 
 pute with the workmen un.ler him. It happens, fortunately for 
 him, that there is indepondent eyidence of what the .luestion reallv 
 wa.s for the local press published the eyidence at the time of tlip 
 enquiry, and gaye tho question " How is the coal in the Forster mtf' 
 and to that his leply as stated is correct. 
 
 (1) Vi^iiQ 74 i)f tho Report, 
 riic ".lournal News" of 
 Aiig. lOtli, 18a5. 
 
 
 Stollnrton, and " Knterprisc " of New Gla.sgow 
 
" Four 
 
 38 
 
 Coal Lari' m Wohkino— In the tliinl p;irnj?ra|)h ;.f that fruit- 
 ful jNige 11, we aro t(.l<l " tlierc i.-s " in the Woltoni 'oal, i.ml in \nlUnA 
 nf tlu- upiuT part oviT 10,000,000 tons of .iml ;* hut left,, tli« (Joni- 
 uiisHion forgot to state, wlion the seam was workoil hy picvious lessens. 
 
 How this estimate was arrived nt wouM he interesting informa- 
 tion, and it would he luost vahnihle to know that this quantity is in 
 the opinion of the Coinn\ission worknhle at tlic selling prices of 
 to-day, and is of .saleahle (jualily. 
 
 Sueh a (question is the more pertinent on comparing this eonclu- 
 
 sion with the rcnmik of Mr. (!ilpin in his special Report of April, 
 
 1 883. 
 
 In a matter of tiie itossiliie e.vtcnt nf a 11. Id of c.,;il, the opinion I'rm-tl.'o dcMlr- 
 ' II rile for saoh 
 
 of the Coniiiiissioii would lie most suggestive and hi- ii.valual'le — a-i Inquiry, 
 that is, it will he understood— for a proslt<H•tu.^. Ihit in this ea.se it 
 i.s diilerent. The present matt(!r is one that refpiires experience as a 
 gui<le ; it is one of practical worknig involving an expenditui f 
 moi.ey with i view to a profiiahle ri'lurii: and -.inder tho.so circum- 
 stances mt-vc theoretical conclusions are simjily valueless. They 
 cannot he for one .noment admitteil of weiglit ii' tills cinpiiry, and it 
 is t' he regretted that the opinion of an engineer of repute was not 
 taken instead of this inquiry hy Clommi.ssion. as at one time was 
 proposed hy the Deparlmcnt.t 
 
 Bariuers. — The Commis.iion dwell on the numerous coniioctions 
 made hetween sea-ns and districts of workings in the course of some 
 seventy years' operations, and the cutting through of harrier.^ that 
 had heen left from time to time, and then tluiy " re(Mn'(i their regn^t " 
 that such a course of connections should huv>: heen .so persistently 
 followed. This regret might with equal propriety have extended 
 back to the days when the seams were laid down of varial)'", (pia'.ity 
 and subsequently disturbed hy inconvenient fiiults. 
 
 Thv-^ second paragra[)li, page 6, spe-.ks of the importance oi p.,st prnctiocs 
 
 „ , . ,, , /• , ,1 • • c \ ■ • J.1 cause the coiii- 
 
 " isolation of working, and refcvs to the piercing ot barriers in the ,„ij,j,io„ regret. 
 
 Third ami McGregor seams as adding to the danger in the event of 
 
 accident. Of course they are right ; tlie oul style of Chinese mining 
 
 with only half a dozen men to an opening involved no general 
 
 calamity. They r '*. havii gone a step further and declared it to he 
 
 safer not to work iV i'lctou seam«)'at all, and no one would question 
 
 their contention ; but the matter of an-a involved in one opera. ion of 
 
 * If it. be rot coal for mo, 
 
 Wliat care I liow inueh there be 1—Old song. 
 t See Letter dated Halifax, 1st Aug., 1893. 
 
"Evidence" 
 obtained in 
 Kngland. 
 
 24 
 
 »'m,U. 1|,„ „,„„,ns. „■ boti, tl„.,,o «=,„, „„ „„Iv three n„„rle;I If 
 .mie „ .„g t e e„„r,e .,r the levei,,, „,„, t„ c„t Ln, n' v ' it 
 
 :',;:::;' '■ ""■ "°"''' '™"' '- ""'"™'"''= -^ '«-'- '---« ' 
 
 „» 7 ■ *"' ,"'" "^"'"'S A«' •!»« not re,|„irc tl,e li,„it,-,tion of 
 
 1..1, « ith u,„le,.gro„„>l ,™„1, et twe„l, ,„iles or „,„re i„ l„„gtl,. 
 
 Ill .:o,n|,ariso„ witl, .,„el, operations, both the Tliird s"e«m and 
 
 two ,, arts '■"'°'' ''"""" '" '''"''« ""■•"' '■""' i" 
 
 " dl, ,n England to ,,ne.,tions «nt by the (.■on.nmsion are nrade t 
 «ure pronnnent,,. A, there ,va, no crosa-exan.in. i.n ^ '"„ 
 
 tht " 1 tl , ; .'.::°%""™''°'"'l- I' "-a, „evertl,clc; given, 
 
 hueto.e the responsibd.ty for referring to hin, rest,, entirely witl 
 
 r ore::'r;°: '^.■f ■■'""■*'■'■ ■' <- »°" --»,,., ., ,„ake l: 
 
 F of ntti :;;""', '"''■' "°"-l'°'"'«"« '»■• »ho rea,lio,,t 
 that the reflechons and niferences of the Commission are not 
 
 r:t;:^',:;::,r "'"«— "■■^-s-^'-w',:;:: 
 
 It may be noted that mueh of Mr. Wills' evidence i, from 
 m mory merely, and „n.,„bsta„tiated by reference to aet , I „. 
 
 In connection witli his remark in \n K. fV.„* <• 
 
 e Ian |„t ,„ evidently forgot th.at he f„nnd ea-th and 
 
 l....k and cement ,,acking at the shaft bottom over the n.onthi , , , J 
 ««»,*„„,„ ,r ,,„e |,nm„ing pit and removed both on hi, a^ i I 
 Also that „, the letter to him of August the 5th, 1890 Twa 
 
Ill 
 
 25 
 
 informed the stopping just put in wos not quite tight at the Fan f^^^^^'^'^J^, 
 pit and tlierefore that the leakage there of air was in his liands on ^ers^ of Mr. 
 liis arrival in September and could not have been tlien by him 
 thought to be of the magnitude and importance his evidence in 1895 
 would make it appear. He also evidently forgot his correspondence 
 of .lune, July and August, 1890, which clearly shows that the likeli- 
 hood of spontaneous combustion had already been contemplated, 
 although he implies differently in answers 6, 12 and 31. 
 
 And again while the notes and comments submitted by the 
 solicitor of the Lessor in pages 98 and 100 of the Report, erroneously 
 slate<l on pages ;8,100 and 104 to have been presented by Mr. Poole, 
 showed how faulty was Mr. Wills memory respecting the ad mi.ssioii of 
 air into the old workings it is thought wHl to here also make further 
 comjiarison of what he actually wrote in 1891 and what he says in 
 1895 he did in 1891. In answers to questions 31 and 32 he says— 
 " I then, February, 1891, proposed measures, which I considered 
 absolutely necessary for the safety of the colliery, and which, were, 
 of course (in pait), to prevent the passage of air from the Foord pit 
 workings into the old workings." Yet so soon after as June 27th, 
 1891, he suggested the use of the air leakage into the old works for 
 the purjiose of working the old 9' 3" pillars. So it would seem that 
 measures that he thought absolutely necessary for the safety of the 
 colliery in February he no longer thought were so in June of the 
 same year. In October, 1895, it would appear, however, he forgot 
 the desire of June and his mind remembered only the necessity of the 
 previous Felmiary. Such an illustration is sufficient alone to show 
 how unreliable his memory in 1895 was of events in 1890—1. 
 
 Then in answer 16 he speaks of a fresh engagement made in the 
 summer of 1892 with the President who vetoed, so he says, measures 
 which the year before he considered ahsolutchj npcessary for the safety 
 of the colliery. If he really felt at the time he made his re-engage- 
 ment as he say he did in his statement made in 1895, it is hard to 
 believe he would have risked a reputation by again taking office. 
 
 Statements Wrongly Headed.- -On page 98 is given a state- Accuracy of 
 
 , , TT o Ti 1 1 1 - the Coniinis- 
 
 ment entitled : "Presented by H. S. Poole, already examuieu as a sion impuned. 
 
 witness." This statement, together with the comments given on 
 
 ])age 100 of the Report, were presented to Dr. Gilpin, not by H. S. 
 
 Poole, but by the solicitor of the lessees to show why the " evidence " 
 
 of Mr. Wills should not in justice to the lessees be published. 
 
 Until subsequent to the presentation Mr. Poole was not aware what 
 
points had been used 
 
 and 
 
 not for publ 
 
 26 
 
 and whr.fc rejected r.f notes h 
 
 wiiat had been added by the solicitor for tl 
 
 lie iibov 
 
 astily i)repared, 
 
 e 11 
 
 iirpose and 
 
 Solicitor's 
 opinion. 
 
 /).,^c- A ,. Halifax, 0^/^^^ri 6///, 1896. 
 
 Mitchell) of the co,i;„"sioVio.ii;fi;;^(^'':- '''■^^^''^" ''-^l M'-- 
 
 gate matters in reference to the K-d'ir.t'f, ^^"^^^''"'"em to investi- 
 the statement received from \I W l' h '^^'-"''"■'."»' ''"'• "'ejected to 
 pointed out that the Co miss on n- ^'.-mg considered by them. I 
 
 evidence, and that legal evirnS" ant th .?""'' ""'^ '" '''''"^ '^K^''' 
 given to anv person interes nd tn ^ ^•'^" "Pportimity ought to be 
 
 l^r Gilpin on'a subs c S ft o ca"io "I'thnwr 'V'" '''f ' ' '^^"^'^^ '<> 
 pared statement to show the totl n '' '^ ^ t^'%*''.''''^^''''^'-' ^ P'^' 
 
 certain material points and tbi if '; ''^ °^ Mr. Wills' evidence on 
 evidence in suppoi? of the^hirie n.-,r r"'"' contained documentarv 
 Mr. Wills; evidence. '"'"^"'''^^ ' '"'^^'e '" reference to the nature o'f 
 Or. Gilpin promised to refer tho r>r>;„t *i . i , , 
 
 Attorney-Generr.landabidebyhsdecismnon ;t Y'^- T^^^ '" *'^^ 
 evidence, and that afterwards 1 wouM ', t.'ie admissibility of the 
 
 wished to hear me further on foi ■.•''''"''.' '^ "^'^ Commission 
 
 further intimation f,omU,^tJ^^„|'ji^;^'J^^'"'-'-^ ■■"'"'• ' •"^^^■ived no 
 
 the Attorney-General, to argrtrponta^^ 
 
 evidence. ^"'^ ^"^ P"'"' ''•' to the admissibility of this 
 
 H.S. POOL..:, Esq, ^ours truly, 
 
 Stellarton HECTOR McInnes. 
 
 An Incorrect Date AnHFnirn t,» t,. 
 on page 80 „f the UepoH. MrS; i,? ."r'',, tHr"'';" ''' 
 
 ™i.,s°„r,f , f """«'' '!« »»ii'--if"'» ..otM, ,»..« 102, ,i,„„. i„, „.„ ,,„„ ; 
 
 Ml-. Wills' |„ir|,o,.elj' deferral .late ni.l ,n. • " 1-, I ,o , 
 
 U.^^ e..,e... S„i„e e.cu.,e „!,■ CJ ,. ,::,:.'';::;;■:; V 1 
 writing from memory of three years before but tbi^ „ 
 
 :?e,t::r;L'° - '°'-^- "-■ c:i ttX-: z 
 
 party eltected by the misrepresentation, and innnro, the nn.niestion 
 
 ;: ': '; : '■•^" '"-' ^■"■■"* "°'" ""«-^ -*'» ''"«:".'- 
 
 l^ut with fnrther regard to such nf \r.. av;ii > 
 ._^hM^a_ei«;^ 
 
 ♦Letter to the Commissioner of Mines 
 fetateraent of the Solicitor, page 102 
 
 
27 
 
 correct, the following additional extracts from corresnondence with 
 him in June, July, and August, 1890, make it clear that work was 
 proceeding under his direction in the summer of 1890, many months 
 before the beginning of 1891, when he and the Commission say he 
 
 took charge. 
 
 June 2?,th, 1890. 
 
 Fifth Avenue Hotel, New York. 
 
 Dent Mr. Poole,— ks, I believe Mr. Clendenin informed you he has 
 arranged for me to come out and act for two years as assistant manager 
 to yourself, and he asked me to name any points which I thought should 
 be attended to during the next few months at the Foord pU 
 
 I think the Fan pit should be geared up as soon as possible, so that *;^,;,\y ,,^p^°^^^tf^t 
 roads can be started from that pit * * * . refutes some 
 
 As regards the Foord pit itself, I think the roads should be driven as of the "evi- 
 suggestcd (see sketch enclosed), and the main le\el and mine bord set ^lence 
 out at an inclination of i in 84 and lines put on. I think the temperature 
 should be watched closely there, and if on the east side any inclination 
 to heat is shewn, an inside lining of timber might be put from the arch- 
 ing to the big coal roads and filled in with sand or finely divided soil * * 
 
 Yours sincerely, 
 
 Walier R Wiles. 
 
 Hendon, London, N. \V., 
 
 July i()ll!, 1890 
 
 Dear Mr Pooh\—\ have just received your letter of 3rd, for which 
 I am obliged. I obtained the figures i in 84 from the latest and bes t 
 French work on mining which goes largely into figures. I have looked 
 up the matter again to-day, and find another writer gives i in in as the 
 gradient ot equal resistance. If, therefore, i in 100 is taken, I should 
 think it will not be far out. * * * 
 
 Yours faithfully, 
 
 W. R. Wills. 
 
 
 Dear Mr. Wills- August ^th, \?>c)0. 
 
 •X- * * * We are sinking the Fan pit, and are now down some 20 
 feet below the old opening which we barred off and stowed with fine soil 
 up to the old barring, but we did not thereby cut off the damp which 
 finds its way up through the broken measures to come out (occasionally) 
 at a point some 80 feet up the shaft. To close effectually would then 
 seem to require a brick lining for some distance up from the bottom. If 
 there be anything 1 can do in preparation for your arrival it will give me 
 pleasure to endeavor to meet your wishes. 
 
 Yours faithfully, 
 
 H. S. Poole. 
 
 Compare this advice with .Mr. Wills' answers to questions 12 
 
 and 15 of the Report and the following instructions received 
 
 in reply : — 
 
 Hendon, London, N. W., 
 
 August 22nd, 1890. 
 
 Dear Mr. Poole,— \ have received your letter of the 5th, and am 
 much obliged to you. * * 
 
 I note your remarks about the Fan pit, if it continues to give ofif 
 
 ■■ 
 
28 
 
 ur^.t;^'^!.f^^"i^''p-^itwiii 
 
 ;iy, or will foul all th 
 
 certainly have to be lined 
 
 J 
 
 but d 
 
 le air passing through i't. * * 
 
 in some 
 
 ani very much obliged to you fo. offc 
 o not know of anything beyond th 
 
 ring to forward matters fo 
 
 c matters mentioned. 
 
 r me. 
 
 I ou rs 
 
 T! 
 
 A Tuns o(." Im 
 
 faithfu'ly, 
 
 Wai.tick R. VVi 
 
 LL. 
 
 le 
 
 AGINATION must liavo led the C 
 
 onimissiun to Si 
 
 ly 
 
 " Lack of co- 
 operation " or 
 "difference of 
 opinion " dih- 
 cusscd . 
 
 A one-sided 
 and partial 
 statement 
 accepted as 
 " evidence." 
 
 nature" Tl.r. n ■ ■ tMiLiiiciy eon trad ictorv 
 
 »'e"tary opposition ; oi that of a pnhlie ofHe. it l,n 1 ' ' , " 
 
 ""-""itv is apt to lead to inattenlion of !;;;:• 1" ''"'' "'"^^'^^'. 
 
 Or, perhaps, the CJommission have confused AFr 1' i - •, 
 with the statements and eomn.ents use<l U sd it ^n '7 '"'' 
 
 Kivn to show that .Mr. Will.s' ".vi.l ce" ' .'"'"f "' "' ^''" '-^«-« 
 ,1 >, . ''W(u,nce (Inl not af'reo w fl- fl,„ 
 
 ii.o„..i,tyo,,r. .ft,.,- 1,„ i,.ft ,„„ „,„„,„„,., , . ,,„ "■ ■ ; " "f 
 
 co,:l;::':;::l :r ,;■; ■:s:;f ':, :""''V ""-"■« 
 
 no. w„ .„,,. „tc.„,.tiv. „„™,. „„„,,,;:," ;::i; :,;:;' .;■;:::; -;; 
 
 .r oiiuw mai .siicii a course was 
 
29 
 
 
 feasible: nor docs tlie attention of the Coninussion appear 
 to have been drawn to the Inspector's Report for the year 1891, 
 whicli favoi •'/. -viewed the work going on at the Foorl pit. 
 
 They fo :.m "uention that close packing had been put in over 
 tlie stojie arches at the bottom of the shaft and beliind the barring 
 of the pit before Mr. Wills pidled down the arches and built otliers. 
 Tlu-y forgot that a new lining could not be liegun until the 
 arches on which it would have to rest, were completed to the juts 
 eye. Tliat while Mr. Wills' " suggestion " was written in February, 
 a condition suitalile was not approached until -Tune, and then, as the 
 solicitor's comments show on page 101 of their Report, Mr. Wills 
 was desirous of using the leakage oi air to lob certain jiillars, and 
 was no longer keen to cut it oil'. It was to tliis pillar robbing and 
 utilization of air leakage, as suggested by Mr. Wills in his letter of 
 June, 1891, that the President's veto, in his lettef of Aug. 29th, 
 presently to be referre.l to. really applied and not as erroneously 
 stated, to the Koord pit lining. 
 
 They forgot to learn officially from one of themselves, the Deputy 
 Inspector, tliat Mr. Poole on one occasion, in presence of the 
 deputy, asked Mr. Wills when he was going to close in the shaft 
 over the archet', and that his loply was vague. 
 
 They publish a letter from Mr. Wills of February 20th, 1891, to 
 the president of the company, recommending the lining of the shaft, 
 ;ind they assume it alone is sufficient to establish their conclusion. 
 They <lo not give the reply, and a further letter from Mr. Wills, so 
 these letters are here ajiiicnded. These arc of value too as showing 
 how much astray Mr. Wills was in his answers to questions 7 and 10, 
 when he says : •' It (the lining of the shaft) was not done because 
 the company (through the president) put an absolute veto on it as 
 unnecessary." And ir No. 10: "The only objection raised to the 
 lining was that it wao totally unnecessary." 
 
 The President's letter of Febiuar" 28tli, is what i\Ir. Wills calls 
 " an absolute veto." It certainly asks that his plans be carefully 
 gone over and considered, which, by the way, he never did. He 
 never submitted any plans. He never again brought up the matter 
 with the president, and when spoken to about it later on made 
 excuses iov deferring it, although he said in his first letter of 
 Febru;iry 20th : " To brick the shaft (for 250 feet) wdl not entail 
 more than a few day's stoppage." Even the Commission might have 
 seen there was an element of romance in the idea of setting away a 
 brick lining within one of timber in a shaken shaft, building it up 250 
 
30 
 
 fo.'tan.l rq.lacin- l,unt...,s an.l .nul.n for tho .•;.j.,.,s for the whole 
 "•Pth of the shaft, nearly 900 feet, ami do all this with "a few 
 •lays stoj)|)a<,'e." 
 
 W. K. Wills, Esg., '-^^/i Ju-druary, iSgi. 
 
 Assf. Mamtger AcaMa Coal Co., Ltd., Stcllarton. 
 Letters there- Dear Sir,- -\ clulv receii'fd nnri lni,r. tr> »v..>„i r , 
 
 port did notatidsatisf-.rt<,rvlr.ftZ,f,i .'? ^.."^"''"'^y''" ^"^ '^e very clear 
 
 quote. ^"f' Vh ''p!*''"7 '^"'^; "'^Z '«^ ^oti, inst. The Hoard is exceediiiirly desirous 
 
 fSe ?roL>bIe i L ■V"i«.^''i'"V.''"'^^'^^y ''" ""' ^^i«li any 'isk of 
 t IIL r ^''f ^''■^'- P'^' '■'"'• 'f >'"" ^l" not fee! absoiutelv sure of 
 
 the success of your plan, then wonid prefer to utih/e the FnJhsh sTone 
 althouKh ,t would entail the maintenance of an isolated plam "^ 
 
 con ems of 'vl. uo'^^"'^ '" ''^ ^"" ^" «" '^^'-- -'-fnlly ^Sih him the 
 t^ Foorcft, t J f r ,h"i''' '/ you cannot agree upon the plans for 
 cZo.lTihJuu ''''^^^""'•d P't lining, Woukl the change in the 
 
 rXethe Pit •1iU'n'T''"''T"' "'' ^^'"P"'<-»'T ? Should the 'lining so 
 ^mlnll'S^lli^l^S/ca^aatyl ' '"■""'""^' ^^""^' ''^'^ ""^ '-^^-'"^ 
 
 Yours truly, 
 
 (Signed) J. W. Clendenin, Prest. 
 
 F.-.iract from letter of Fubruiry 27tii, 1891, to H. S Poole 
 Ayent : — • , ' 
 
 :^;:;r^-SrX-;s!^%is-^i--Ln;-^^^^ 
 
 ACAD.A Cou. Co., LTD., S'^-^'^'-^^'^^N. N. S., Marc/, 5//., ,89.. 
 
 J. W. Clendenin, Esq., /Ws/. Acadia Coal Co., 
 Dear Sir,- 1 have received your letter of Feb. 2Sth, for which I -.m 
 obliged. I note your remarks as to the Fan pit and Foird k whir 
 question I u-,11 discuss fully with Mr. Poole The lining wo Ic nece 5 
 tatc the permanent use of single box Cto e-irh rlprL-^ , nect, si- 
 
 would not ahect tl,o hoisting capacity^i^^nv'Sn t t S be^qlu^ 
 possible to wind from 1,000 to ,,500 tons in ten hours, acc<,rd ',■ to' le 
 rrangement made. I have wound from 200 yards w tl one "a.-c on v 
 holding one box (at a similar capacity of ours at the Foor 1 pit on eS 
 
 2ne;:.Sot;;t i^?,r^^ '- ^ '-^- - ^-"^'^ ••- ^'- -^ '^J- a,^^!; 
 
 With suitable arrangements for dischanMn"- the r-.-os n,„ , ■ i- 
 capacity of a shaft like the Foord pit is im.n ns Lul an think ES 
 readily arranged to meet all possible requirements. ' 
 
 Yours obediently, 
 
 W. R. Wills, As.fl .^Fanagcr. 
 
 To revert once again to the inquiry itself. It is noteworthy that 
 vvlule questions were put in Parliament a,s to the reasons why certiin 
 seams of eoal were not now worked, these questions all relate to the 
 
31 
 
 ureas Iit'ld by one lessee, and do not include the idle ]>it'i and 
 unworkcd seams held by other lessees. 
 
 Let the (juestions be made general and apply to all Lessees under 
 Government througliout the Province, and the impossibility of com- 
 pliance by the Lessees with any Oovcrnnient order for compulsory 
 workiii},' will at once be apparent. 
 
 Kill' a full understanding,' of the points raised the licport itself 
 must be consultcil with the (.Questions put before the House in 1895 
 and the answers that enyfnated from the Mines Department at that 
 time. * 
 
 With regard to " pihar " workinj,', and the Commission's views, 
 it has to be remendiered ]y< clause in the lease or in the law reiiuires 
 a lessee to Work pillars ns is done in Pictou and (. ^ i im lirefcnn counties, 
 anil that jirobably thousands of acres of pillars remain untouched in 
 Cape Breton without complaint or inquiry. 
 
 Conclusion : — From the foregoing quotations, extracts from 
 letters and notes it will be apparent that in matters of fact;^ the 
 Report is not reliable and therefore that the inferences drawn and 
 suggestions made are necessarily in such cases faulty. 
 
 A careful reading .shows it in other ])arts to be contradictory and 
 to include irrelevant matter. 
 
 'I'lie .so-called " evid(!i'ce " is untrnstwurthy, and was met l)y no 
 cross examinatiiiu. Neither was opportunity offered to put in rebuttal 
 testimony on the findings of the commission ; nor was the Inspector's 
 nersonal knowledg'' of the sid)iect incorporated : It appears l^at in- 
 considerate haste was shown in rushing into print tin; undigested 
 evidence procured under doubtful authority, and distributing the 
 report lo the pid)lic without the authority of the House of As,send)ly, 
 to which it is by title ostensibly submitted. 
 
 The report further appears to reflect on a Lessee that earnestly 
 endeavored to again bring into use al)andone(l mines although the 
 head of the Commission ofl'ered in his position as Inspector no advice 
 or went near the work while in progress.