Denaby Coal Dispute – 2 ½ d. Ton Rent for Lord Cromwell – Commission Rebukes Both Sides.

November 1928

Sheffield IndependentWednesday 28 November 1928

Denaby Coal Dispute.
2 ½ d. a Ton Rent for Lord Cromwell.
Commission Rebukes Both Sides.

Alter a hearing lasting 18 days, the application of the Denaby and Cadeby Main Collieries was adjudicated upon yesterday by the Railway and Canal Commission.

Mr Justice Salter who read a unanimous judgment, said both sides had made unreasonable demands. The Court had the power to grant the right to work the coal and this grant they made, Lord Cromwell to get a rent of 2 ½  d. a ton, which sir Louis Coward. K.C., one the Commissioners, said would bring lord Cromwell eventually an annuity £3,000.

The application had two main heads:

(1). For relief from certain covenants and obligations in a mining lease granted by Lord Cromwell in 1925 and expiring in 1918 under which, if the company failed to secure to lord Cromwell the unfettered right to use a certain tunnel not as his land for mining alter the expiration of the lease they must construct him substitutionary tunnel within Lord Cromwell’s land, and

(2) For right to work an area of 1497 acres of the Park gate seam owned by Lord Cromwell tenant for life. Further certain ancillary rights, way leave, and so forth were asked for.

Important Factors. Mr. Justice Saiter said that upon the question on what terms should the applicants have the right to tenure for the next 50 years there were three things to consider —Royalty, minimum rent and shaft rent.

He thought the applicant’s claim to be released from the obligations of mining lease was wholly without merits, and regarded alone should be dismissed with costs.

That part of the application which amounted to a demand for Lord Cromwell’s reversionary rights to be confiscated in order that the applicants have exclusive use was plainly unjust oppressive, and must dismissed with costs.

The Court found that a fair rent pay for the use of the shaft and buildings in 1948 would be 2 ½ d a ton on  all coal brought up the shaft, in addition to the royalty and the minimum rent.

He thought both sides made unreasonable demands the negotiations, Mr Stevens asking three times much he was entitled to and the applicants offering a fifth of what the Court had found they should pay. When the minutes of the order were settled, the Court would then deal with the question costs.

Parkgate Seam.

On this arrangement it would unnecessary to construct a second tunnel on Lord Cromwell’s land. It should be a condition that Lord Cromwell supported application to reserve the injunction.

It should be condition of the order that the work of getting the Parkgate coal in area B should be begun without any delay and prosecuted with due diligence. It would be a condition that any Barnsley and Parkgate seam coal left ungot at the expiration of the lease should got by the applicants. The applicants pay for the Barnsley seam a royalty of £250 an acre and for the Parkgate at the rate of royalty now paid to Mr Montagu.

His Lordship had felt that in 1948 there would be in any case a strong inducement on both sides to come to terms and it was to Lord Cromwell’s interest that the remaining coal should be got by the applicant and he thought the application will give him better terms than another lessee.

The parties must consult after what had said and make an honest endeavour to agree to the minutes upon that basis.