MR. NAPIER.]

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a safe one. Tke next point is :Is the existing law sufficient to give the Inspector of Mines full authority to order the use of safety-lamps and other appliances if, in his opinion, such appliances are necessary ? There can be no doubt that under the section 1 have quoted to the Commission, and Special Rule 14, that the Inspectorjof take the It is a question which any layman can decide for himself, because the interpretation of the rule and the section does not require any legal knowledge at all. If the Inspector of Mines deems that a mine, or any part of a mine, is so dangerous that in his opinion it ought to be worked with safety-lamps, he may order them to be put in, and other appliances also ; and the fact that the matter may subsequently|go before a tribunal for arbitration is not one which should one in denouncing the present law in the way that did. lam not suggesting that the existing law ought not to be amended. Our experience shows that in the making of laws which affect human duties and obligations it is constantly necessary to amend the statutes, and that the law which remains stagnant generally becomes quickly out of date. lam not suggesting that an amendment is not necessary, but I do submit that so far as these particular references are concerned the Commission will be compelled to come to this conclusion : that the Inspector has power under the present law to order the use of safety-lamps. He has done it already, and his order has been complied with. The next question is the general question which is usually appended to all such commissions, and I do not propose to address you at any length upon it. It is the usual comprehensive question which concludes a Commission of this kind : generally to inquire into any matter arising out of the previous points in the Commission, and into the existing law, and also as to whether an amendment of the law or the regulations is necessary. Regarding this point, we have a Coal-mines Amendment Bill now before us, and there is no doubt there are many beneficial provisions in it which will become law shortly. I have no doubt that the Commission will carefully scrutinize the Bill, and arrive at a fair conclusion regarding it. In conclusion, I submit that until this deplorable accident there was a universal concensus of opinion that Ralph's Mine was one of the safest in the world. No complaints of importance were ever received either from the Government Department or the miners, and any requests made for improvements were at once complied with. The principal shaft to-day, after twenty-five years, stands as secure as it did when constructed, and the mine after a terrific explosion stands practically uninjured—an unassailable testimony to its strength and solidity. The evidence as a whole, it is submitted, proves conclusively — (1.) That the provisions of the Coal-mines Act, 1908, and the rules were fully observed and complied with. (2.) That the ventilation was uniformly good, and that all necessary equipment to ventilate the mine was supplied, and all necessary supervision exercised, so far as mining-conditions permitted, to secure effective ventilation. (3.) That the lighting was, under the normal conditions of the mine, safe, and was so regarded by the responsible Government officers. (4.) That sudden outbursts of gas coming from the secret recesses of the earth and causing firedamp cannot be prevented, and have not up to the present time in any country of the world been rendered harmless. (5.) That the examination of the mine was regular, thorough, and efficient. (6.) That -the explosives used were what are generally used in New Zealand mines, were permitted explosives under the New Zealand law, and were used with the concurrence of the Government mining officials. (7.) That no danger ever arose to necessitate the withdrawal of workmen, though there is ample power under the present law vested in the Inspector of Mines to order such withdrawal. (8.) That there are ample means of escape in the mine in case of accident, but that no means of escape could have saved men suddenly overwhelmed by exploded fire-damp-mixture and dust-flame. (9.) That the working of the mine was done according to the best accepted methods, and that efficient and highly qualified managers of undoubted integrity were employed. (10.) That the Government Inspector of Mines performed his duties efficiently and impartially, and that he was highly qualified with nearly half a century's experience of mining. (11.) That the men's check inspectors were capable and diligently performed their duties. (12.) That the application of inert dust to all places of a mine would be impracticable, and it is not proved that it would be effective. (13.) That watering has been shown not to be an absolute safeguard against explosions, and that watering where the dust might be dangerous was regularly carried out. (14.) That the Coal-mines Act, 1908, gives full power to the Inspector to order safety-lamps and other appliances if, in his opinion, they are necessary. This order has already been given and complied with. No. 2.—Mr. Tonks. Mr. Tanks : Mr. Chairman and gentlemen,—One must approach the end of an inquiry such as this with a very strong feeling of responsibility. I desire to join with my friend Mr. Napier in thanking the Commissioners for the way in which they have dealt with us all through this matter, and the courtesy and patience they have exercised. I should also like to pay a tribute to Mr. Wilford for the way in which he has done his part in connection with the proceedings. I say frankly that he has done his part fairly and well, and that we are indebted to him for the assistance which has enabled us to prosecute the proceedings so smoothly and quickly. Now, sir, we are dealing in this inquiry with the cause of a lamentable accident which happened in one of the best-known mines in the Dominion, and one which 1 believe, according to the last report of the Mines Department, produces more coal than all the other mines in the North Island put together. It is a large employer of labour, it has ample funds, and has no need to stint or skimp its work in any direction. The point was brought out at the inquest that the company carried its own insurance. This is a minor point, but such company is not likely to be lax in the management of the mine. The directors of the company are some of the bestknown business men in Auckland, including a representative of the owners of the mine. They include also a gentleman who for many years occupied the position of Inspecting Engineer to the Mines Department of New Zealand, and who has always been recognized as an authority upon mining matters throughout the Dominion —I refer to Mr. H. A. Gordon. An extraordinary position that has arisen in this case is that every person in authority who could supply us with the evidence necessary to enable a proper conclusion to be arrived at has perished in the accident. This is an extraordinary position 5