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) - ROYAL COMMISSION *

ON

THETH NORTHNORTI-I MOUNTMOUNT LYELLLYEI-JL I' MINING DISASTERDISASTER

REPORT OF THTHE COMMISSIONERCOMMISSIONER

Presented to both HousesHouses of Parliament by HisHis Excellency'sExcellency's Command.Command.

[Fotimated[Ratimated coatcost ofof printing (ll2ii)-£o(3241)—£5 148.14o. 3d.]

f;ailmania:e a a in a i a : .

JOHN VAIL,VAIL, GOVERNMENTGOVERNMENT PRINTER,PRINTER, HOBARTHOBART

11913 9 1 3 B485971348587 COMMISSION.

Ge01'ge V. by the GrrH:e of God King of the Unitfld Kingdom of Great Britain and Ireland and oj tlte British Dominions heyond the Seas Defender ofthe Faith Empernr ofIndia.

To Our trusty and we1l-beloved ERNEST WILLIAM TtTRNER WILLIAM HARRIS ALEXANDER JOHN SCOTT VONALD SALTER WILLIAM HENRY TAPSELL JOHN HORNBY HUGH THOMAS Rnd JOSEPH HENRY PALMER

GREETING- WHEREAS on the twelfth day of October one thousand nine hundred and twelve an accident occurred in a certain Mine known as the North Lyell Mine situate at or near Gormanstun in Our State of Tasmania the property of the Mount Lyell Mining and Railway Company -Limited which accident resulted in losl! of life to many persons employed in the said Mine at the lime of the said accident-And whereas owing- to none of' the bodies of the persons who met tbeir deaths by reason of such accident as aforesaid having been recovered no Coroner's Inquests have beAn held touching such loss of life as afore­ said-And whereas we have thought it exped:ent to enquire into the cause or causes of the said accident and the loss of life resulting therefi'om-Now know ye that We reposing great tru@t ~nd confidence in your fidelity discretion and integrity have authorised and appointed and by these presents do authorise and appoint you ERNEST WII.LIAlI TURNER WILLIAM HARRIS ALEXANDER .TOHN SCOTT DONALD SALTER WILLUM HENRY TAPSELL .TOHN F!ORNBY HUGH THOMAS and JOSEPH HENRY PALMER to enquire into the cause or causes of the said accident and the loss of life resulting therefrom in the same manner as far os you lawfully may as a Coroner or a Coroner's Jury might have done touching any of the deaths of the said persons resulting from, the said accident-And for the better discovery of the truth in the premises We do by these presents g-ive and gr'ant unto you or anyone or more of you full power and authority to call before you all such persons as you shall judge necessary by whom you may obtain information in the premises-And Our further will and pleasUI'e is that you or anyone or more of you shall reduce into writing under your hands what you shall discover in the premises and do and shall on or before the thirty-first day of December next certity unto Us in Our Executive Council in Tasmania in writing under your hands respecting your several proceedings by force of these presellts together with what you shall find touching or concerning the premises upon such enquiry as aforesaid-And We further will and command and b,v these presents ordain that this our Commission shall continue in full Jorce and virtue an~ that you Our said Commissioners or anyone or more of you shall and may from time to time proceed in the execution hereof and of e.-ery mattel' 01' thing herein contained although Ihe same be not continued 'from time to time by adjournment-And We do hereby command all and singular Our loving subjects whomsoever within Our said State of Tasmania that they be assistant to you and each of you in the execution of these presents-And We appoint that you the said ERNEST WILLIAM TURNER shall be President of Our Commissioners-And We further direct and a'ppoint that FRANK BATHURST EDWARDS shall be Secretary.to Our said Commissioners and We command that he be assistant iu the execution of these presents.

In testimony We have caused these O~r Letters to be made Patent and the Public Seal of Our said State and its Dependencies to be hereunto affixed.

Witness Our trusty and well-beloved MAJOR-GENERAL SIR HARRY BARRON Knight Commander of the Most Distinguished Oreler of Saint Michael and Saint George Commander of the Royal Victorian Order Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia. HARRY BARRON Governor. By His Excellency's Command G. H. BUTLER Chief Secretary.

KNOW 'all men by these presents that We do hereby extend the period within which you shall enquire into the several matters within mentioned to the twenty-eighth day of February next and we do herebv extend the date on or before which you shall certify to Us in Our Executive Council in Tasmania lis within expressed to the said twenty-eighth day of E"ebruary next anythin~ in the said Commission contained to the contrary notwithstanding.

In testimony whereof We have caused tbese Our Letters to be made Patent and the Public Seal of Our said State and its Dependencies to be hereunto affixed.

Witness Our trnsty and wtll-beloved MAJOn-GENERAL SIR HARRY BARRON Knight Commander of the Most Dist~nguished Order of Saint Michael and Saint George Commander of the Royal Victorian Order Governor 10 and over the State of Tasmania and its Dependencies in the Commonwealth uf Australia at Hobart in Our said State the ninth day of January one thousand nine hundred Rno thirteen and in the third year of Our reign. HARRY BARRON Governor.

By His Excellency's Command G. H. BUTLER Chief Secretary. (~o. 2.)

REPORT.

To His Excellf'ncy MAJOR-GENERAL SIR HARRY BARRON, Knight Command"r of the Most Distin.quisltpd Order of Saint Michael and Saint Georqe. Commandet of the Royal Victorian Order, Governor in and O1)er the State of' Tasman',a and its Dependencies, in the Commonwealth of Australia.

MAY IT PLEASE YOUR EXCELLENCY: By His Majesty's Letters Patent we were authorised and appointed to enquire into the cause or causes of an accident which occurred on the 12th day of October last in the North Mount Lyell Minf', situate at or near Gormanston, in Tasmania (the Rruperty of t.he Mount Lyell Mining and Railway Company Limited), and the loss of life resulting from the said accident, in the same manner, as far as we lawfully might, as a coroner or a coroner's jury might have done, touching any of t.he deaths of persons employed in the said mine at the time of the said accident.

The date limited by the said Letters Patent for our report to be presented upon the' matters aforesaid was subsequently extended, at our request, to the 2~th day of February next.

The Commission wa~ formally opened at Zeenan on the 27th day of November last, and for the greater convenience of witnesses it was decided to adjourn for the hearing of evidence to Queenstown, at which place we sat on ten days, and twi(:e visited the mine and descended into and viewed those several portions thereof which were accessible, and of which we considered an examination would assist us in our delibera· . tions. We then sat at Zeehan for the hearing of further evidence on four days, and on three occasions for deliberation. Fifty-four witnesses were examined. A number of useful plans and diagrams were prepared for our as~istance by the Mount Lyell Company, and these and other documents submitted in evidence are set out in the schedule hereto.

Throughout the proceedings we had the assistance of the following counsel, of whose services we wish to fXpress our appreciation:-The Crown imd public were represented by the learued Solicitor-General (Mr. E. D. Dobbie, I.S.0.); the Honour­ able B. R. Wise, K.C, with whom was Mr. A. J. Douglas, appeared for the Federated Mine Employees' Association; the Honourable N. K. Ewing, Mr. Harold Crisp, and Mr, A. G. Omant (instructed by Messrs. Butler, Mclntyre. and Butler and Mr. A. A. Winch), presented the case for the Mount Lyell Mining and Railway Company Limi ted; and during the earlier portion of the proceedings Mr. T. J. Crisp appeared for the relatives of Mr. E. F. McCasland, one of the men \l ho lost his life in the disaster.

We regret that, from lack of convincing e,idt>nce on several matters arlsmg in the courSP. of the enquiry, we canr:ot report with that degree of certainty which we should desire. Forty-two men are said to have lost their lives in'the disaster in various parts of the nline; and, with so many voices lost to us in the silence of death, the evidence is necessarily incomplete, and we can only deplore the fate of those whose testimony concerning the happenings in the mine on the fatal 12th of October will never be given' before an earthly tribunal. '

On our vil'its to the mine we could not view any level below that at 700 feet, as 'We were informed that the mine was still floodecl at the lower levels. We were able to visit the ruins of a pump-house at the 700-feet level, but that part of the level waR blocked (as we saw) beyond the pump-house hy- an immense fall of rock. We visited, also, the. 200·feet, 300-feet, 400-feet, and 5UO-feet levels, and three of the members of the Commission (Messrs. Harris, Hornby, and Palmer) negotiat~d the two passes referred to in the ev.i~ence as leading. through Pacey's stope and Heffernan's stope respectively. We also VISIted, at the adjacent Mount Lyell Mine, a pump-house underground, with motor and pumps at work, and the necessary electric appliances appertaining, which were dep0sed to a.~ b~n~ of. iclep.tiGa,ll!atqre with tp~ machinery in th~ clestroyecl pump.-h9use~ . (No.(No.2.) 2.) (No.(No.2.) 2.) 6 7 ('2) One wit.ness alone (Gillies) deposed to haVIng After the careful andand complete marshalling marshallingof of thethe evidence containedcontained inin the (2) One witness alone (Gillies) deposed to having seenseen atat thethe steel-house (near the pump-house) candles burning under addressesof ofcounsel counselwe we considerconsiderit it unnecessary to to recapitulate the the detailsdetails ofof the pump-house) candles burning underthe themen's men's billiesbillies toto warmwarm their tea, and the possi-possi­ bility of fire fromfrom thisthis quarterquarter was suggested. suggested. ButBut wewe dodo notnot considerconsider itit safesafe to rely onon test.imonytestimony given before us. this evidence without some corroboration andand inin the faceface of thethe evidenceevidence toto the contrary..contrary. And we cannot understand thisthis witness'witnes~' actionsactions underuuder thethe circumstancescircumstances he relates. We nndfind the following facts to be established by the evidenceevidence :-:— he relates. On Saturday, the t2th day (If October last, at about 10'40 a.m. On Saturday, the 12th day of October last, at about 10.40 a.m. and thereafter,thereaft.er, the There is nono evidenceevidenceat atall allas asto toany anyother othersourCl:' sourcefrom fromwhich whicha a firefire might havehave odour of bUl'l1ing was observed and smoke seen in various levels of odour of burning was observed and smoke seen in various levels of thethe North MountMount arisen through carelessness.cardessness. Lyell Mine. It1t waswas discovereddiscovered thatthat thethe pump-housepump-house atat thethe 700-feet700-feet levellevel waswas afire,afire. and smoke iRsuingissuingtherefrom therefromin insuch suchquantities quantitiesas asto toprevent preventall allapproach approachto toit. it. ApartApart fromfro~ (3) We consider that that thethe attemptattempt toto Pl'OV~prove thatthat the fire waswas caused through defectdefect slight gusts which followed the the('age rageup up thethe shaft,shaft, thethe smokesmokeat at first quickly drew downdown in thethe electricalinstallation installationfails. fails.The Thereports reportsof ofthe theexperts experts areare unanimous thatthat thethe the shaftshaft andand entered the lowerlower levels.levels. ItIt subsequentlysuhsequently permeatedpermeated inin greatergreater or less or less fire was notnot eleCtricallyelectrically ~ausedcaused inin thethe pump-house.pump-house, but arose externallyexternally toto the machinery degree thethe upper levels also.also. OnOn thethe evidenceevidence beforebefore usus wewe find that thisthis firefire originatedoriginated there. We,\Ye considerconsider especiallyespecially usefuluseful thethe evidenceevidence andand reportreport ofof Mr.Mr. Medhurst,Medhurst, anan at thisthis pump-house.pump-house. independent.independent electrician employedemployed onon behalf of thethe Crown,Crown, andand whowho waswas permittedpermitted bybv the Company to take to pie.lespie~es andand thoroughly invesr.igateinvestigate the ruined machinery. . It is stated that 170 men werewerebelow belowat atthe the timetime inin different partspartsof of thethe mine; the figures are are not givengiven usus asas C'onclusive,conclusive,though thoughit it appears they may be adoptedadopted as On this head certaincertainrules, rules,stated statedto tobe bethose thoseof ofthe the BoardBoardof ofTrade, Trade,and and others ofof correct. SuchSuch ofof thesethese menmen asa8 hadhad warningwarning andand appreciatedappreciated thethe danger.danger, escapedescaped byby wayway the InstitutionInstitution ofof ElectricalElectrical Engineers,Engineers, werewere citedcited toto us,us, andand itit waswas alleged thatthat any of thethe mainmain ShHft,shaft, butbut othersothersdid did notnot appreciatp.appreciatethe the existenceexistenceof ofdanger danger and mademade no failure to comply with these would have constituted a failure to taketake thethe duedue precautionsprecautions attempt to reach thethe surfacesurfaceuntil until thatthat becamebecame impossible,impossible, whilewhile yet others were early demanded by the law. cut off from communicationcommunicationwith withtheir their fellows, eveneven onon the samesame levellevel (so(so extensiveextensive are demanded by the law. ' the ramificationsramifications of thethe mine),mine), andand couldcould notnot bebe warned,warned, thoughthough effortsefforts werewere mademade to . Apart from the question whether reachreach-them.-them. Seventy-fourSeventy-four menmen escaped,escaped onon, thethe day of the fire, fourfour menmen werewere rescuedrescued - Apart from the question whetherthe8e theserules ruleshave haveany anybearing bearingon on the questionquelOtion. of " reasonable precaution," we are unable, from the 500-feet5CO-feet levellevel by meansme

D' ThereT~ere ~,is, inin ourouropinion. opinion,?o nofou~d~tion foundationin inthe the evidenceevidencefor forsuch sucha afinding. finding. The NeitherNei.ther thethe managementmanagementnor northe themen, men,nor northe the inspectorinspectorof of mines, nor nor thethe men's suggestions~goestlOn ISis based onon que~tlOnsquestions ofof tImetime asas toto thethe first appearance ofof smokesmoke inin the 'check`check mspe~tors"inspectors" e~erever contemplatedcontemplatedthe thepossibility possibilityof ofany any fiTefire at thisthis pump-housepump-house differentdIfferent levels,levels,b~t but~ve weconSIder considerthat thatmany manyof of thethetimes times deposeddeposedto to are meremere guess-guess­ or ~lsewhereelsewhereITI inthe the mme,mine,and and the Company fretnklyfrankly admitsadmits that nono specialspecial provisionprovision work,w?rk, a~dand the variationva.natIOn ofof. watcheswatches anda~d clocksclocks would also account for the comparativelycomparatively againstagamst fire was ever made oror thoughtthought necessary.necessary. ItIt happenedhappened thatthat therethere waswas aa constantconstant slight dIscrepanciesdiscrepanciesoccurnng. occurring. InIn thisthIS connection the theremainB remainsof ofa afire fire inin an ore-passore-pass supply of?f waterwate~ close toto thethe pump-house atat the 700-feet level,level, and therethere waswas alsoalso a hosehose remote from thet~e pump-housep~mp-house on thethe 700-feet700-feet It'vellevel wereshown shownus; us ; butbut untiluntil the 600-600­ for use min runningr,unnmg "': mullockmullock "" in thethe vicinity,vicinity, withwith aa connectionconnect.ion inside the pump-hollse;pump-house; feetf~et level (now IIIin rums)ruins) above thatthat pass~ass is completely clearedcleared and explored, it isis impos-impos­ but therethere. isIS no110. evidenceeVldet;lce thatthat anyoneanyoue attemptedattempted toto uselise water to the fire. WitnessesWitnesses sibleslule to.to declaredeclareth~t thatto tohave havebeen beenan anmdependent independentfire; fire and; andon on thethe evidenceevidence before us state that It.it waswas, Im~ossibleimpossibleto toget get nebrnear it forfoJ' thethe smoke,smoke, consequentlyconsequently thethe presencepresence oror __ (but withWIth reservationsreservatIOns as asto toany anydisclosure disclosurewhich whichtime timemav maybrin bring)cr) we weconclude concludethat that it absence ofof fire-fightmgfire-fightingapparatus apparatus diddid notnot affect thethe result: was not so. " 0 (C)-THE(C)—THE FAILURE TO PROVIDE ANYANY OTHEROTHER EXIT THAN THE MAIN SHAFT.SHAFT. Some sU~f2estionssuggestions werewere.m.ade madeagainst againstcertain certainof ofthe the men,men,but but wewe havehave toto reportreport that . We are.are advised by the learned~earned Solicitor-GeneralS~licitor-Ge?eral thatt.hat thethe lawlaw does<1oes notnot requirerequire more we .findfind no evidencee'Vldence of any SlOI8tersinister or careless act causing'thecausing.the fire on the part of anyone.anyone. than oneone eXltexit fromfrom a metalliferousmetalhferouti mme;mine ; but inIII anyany eventevent wewe findfind thatthat therethere werewere at (No: .2.) (No. 2.) 8 9 the time of the disaster passes extending- in various directions to all the levels throug-h­ out the mine, whereby in the event of the collapse of the main shaft., or almost any OCNlTrenCe other than the generation of deadly fumes, men could have heen rescued; SCHEDULE. but while this fire was in progress many of these became mere passages for smoke and fnmes, and rendered rescue work very rlifficult and hazardo·us. We find that at the time of this disaster there were no conuectiilg ways fitted with ladders from the 500 to the 300 feet levels, other than the main shaft. LISTS OF EXHIBITS. (I.) (0)- FAILURE TO " PULL THE SHIFT." This charge is not, in our opinion, substantiated. We consider that under the FILED BY COUNS1U. FOR THE CROWN. unprecedented conditions all that was reasonably possible was done. The man in act.ual C1. List of men on the dar shift on 12th October, 1912. charge undprground (Robert Cox, the underground foreman) laboured ?obly \\ ith C2. Plan of'700ft. level-North Lyell Mine. others to get the fllen out, until he was overcome by the fumes and was aSSIsted to· the C3. Photograph of Pumphouse ruins, 700ft. level, North Lyell Mine. surface. The shift bosses did all that was humanly possible. C4. Chart of Pumphouse before fire. . ' C5. Detail Plan, Underground Workings, to 31st Oec., 1910. 1 C6. Detail Plan, Underground Workings, to 31st Dec.,191O. (Filed 1910.)\ Th . I m No witness could tell us of any systematic method, either prescribed or in actual C7. Section on Line BB, looking north, undated, but to 31st :i:d Pi: M~~~: use in Australia, whereby the men throughout a large mille can be immediately warned Dec.,191O. Office under "The of danger and called to the surface. One witness informed us, from hearsay, of a C8. Section on Line BB, looking north, to 31st Dec., 1911. 1 M" At" C9. Detail Plan, Underground WorkinRs, to 31st Dec., 1911. (Filed 1911.) lnlnR c,_ system whereby t.he electric lig-ht is used to flash the warning- through the mine. This C]O. Detail Plan, Underground Workings, to 31st Dec., 1911. appears to us worthy of consideration with a view to its adoption.

Without further comment we commend for earnest consideration the proposals of the Chief Inspector of Mines (Mr. W. H. Twelvetrees) to embody in leg-islation the lessons of this disaster. (2.)

We desire t.o suggest further tha-t, as an extreme precaution and in view of the FILEn BY THE COUNSEL FOR THE MT. LYELL COMPANY. built.lin~ entirely unforeseen circumstauces of this disaster, no in a mine'" at which there AI. Portion of Electric Cable (Main Cable). is not some person constantly present'during the \\orking hours should be constructed of A2. Portion of Electric Cable. pine or other easily combustible material. A3. Inspection Book-North Lyell Mine. A4. Check Inspector's Book-North Lyell Mine. A5. Hoist Chart for 12th October, 1912. I N CONCLUSION A6. Plan of 500ft. len!. We wish to record our appreciation of the readiness with which facilities were'sup­ A7. Plan of 6oolt. level. A8. Plan of 850ft. level. plied by the Mount Lyell Company t.o us for viewing any accessible portion of their A9. Plan of 1000ft. level. works which we expressed a wish to see. A10. Plan of HOOft. level. All. Composite Plan of levels from 700ft. to nOOft. inclusive. We de!lire also to acknowledge the great assistance rendered us by the Secretary to A12. Copy uf Agreement between Mt. Lyell Co. and the A.M.E.A., dated 31/1/1912. (\11'. A13. Vertical Projection of North Lyell Mine, showing means of exit. the Commission F. B. Edwards), and to express our sense of the excellent manner A17. Plan of 300ft. level. in which he carried out the extensive arrangements involved-· in the course (,)f the A18. Plan of 400ft. level. enquiry. A19. Copy of letter-M. Kean and M. Cunningham-to the Minister of Mines, dated 3/12/1910. A20. Copy (,f Official Report of Award of Federal Conciliation and Arbitration Court; Federated We cannot close this report without recording our profouud admiration for the Engine-drivers and Firemen's 'Association of Australasia v. The Broken Hill Proprietary Co. Limited; the Mt. Lyell M. & R. Co. Limited, and 175 others (12th May, ]911). heroic work done by masters and men in the endeavour to re"cue the entombed miners. A21. Extract from Report of the Secretary for Mines, Tasmania, for year ending December 31, 1911. We took no evidence specially directed to the deeds of heroism which belong- to the A22. Institute of Electric Engineers, Wirin~ Rules, &c. story of this disaster. That was not our duty. But from time to time the testImony of winesses unconscioul'lly revealed to us the simple grandeur of sentiment which prevailed amongst the men in the mine and the rescue partie~ during this disaster.

We have the honour to be- (3.) Your Excellency's most Obedient Servants, .FILED BY THE COUNSEL FOR THE F.M.E.A. Ml. Copy letter, A. Bigwood to R. M. Murray, dated 20/7/12. E. W. TURNER, President. ~2. Copy letter, R. M. Murray to A. Bigwood, dated 24/7/12. W. HARRIS. M3. Copy letter, Gadd and another to Murray, dated 27/9/12. M4. Letter, ~IUlTay to Gadd and another, dated 28/9/12. A. J. SCOTT. M5. Letter, Sticht to Gadd and another, dated 28f9/12. D.8ALTER. M6. Copy of letter, Gadd and another to Sticht. dated 3/10/12. W.H. TAPSELL. M7. Letter, Murray to Gadd and another, dated 3U/7/12. H. THOMAS. M8. Practical Engineers' Electrical Pocket Book. A14. Copy of Testimonial by R. M. Murray for Trembath, dateil 27/8/12. G. HORNBY. A15. Copy of Testimonial by L. A. Harris for Trembath, dated '26/13/12. J. H. PALMER. A]6. Two Blown-out Resistance Coils. FRANK K EDWARDS, Secretary. M9. Copy of Resolution passed at Meeting of F.M.E.A., held 10th June, 1912. MIO. Copy of letter, Cunningham (Sec. F.M.E.A.) to C. H. Curtain, dated lIth June, 1912. ~2nd Ja~lUar;y, 1913. MIL Original letters from Inspector Curtain to Chief Iuspector of Mines re means of egress from the North Lvell Mine. ' M12. Medhul'llt's Report.