Published 1st November, 1889
The names of James and Alexander Brown are so closely connected with the history of coal-mining in this district that any account of its rise and progress would be incomplete as well as inaccurate, which did not trace the development of the well-known firm of which they were the founders. It commenced, and has grown with the coal trade, and, although the firm is credited by a large number of people with having broken the monopoly enjoyed by the A.A. Company in the early days of the industry, very few even of the old identities seem to know the real circumstances surrounding the case.
Messrs J. & A. Brown were brothers, and arrived in the colony from Scotland in the year 1840. In 1842, the Messrs. Donaldson started a cloth factory at Stockton, and James and Alexander Brown worked there for some time as weavers. They were, however, men of keen perception, and seeing that the district was destined to become a large coal emporium, they turned their attention to mining, and in conjunction with a mining engineer named Henderson they opened several small pits in the district. At that time the Rev. Mr. Threlkeld opened a mine at Lake Macquarie and Messrs. Turner, Eales, and others also commenced operations elsewhere. A serious difficulty, however, arose. The Australian Agricultural Company had in 1829 purchased the Government coal-mines subject to certain conditions and provisions, one of which was that the company had the exclusive right to mine coal in the district for a period of thirty-one years. It was not, however, until the year 1841 that the company made any attempt to enforce its rights, although in the meantime a great deal of trouble had occurred. In that year, however, the Messrs. Brown commenced to work coal at Four Mile Creek, near Maitland and pressure was brought to bear on the Government by the A.A. Company to restrain them from continuing the work. In fulfilment of its undertaking with the company, the Government, after long deliberation took proceedings to stop the Messrs. Brown from mining.
The now celebrated action of the Attorney General v. Brown was commenced in 1846, before the late Judge Dickerson and a jury, in the Supreme Court, Sydney. The information (See Supreme Court Reports, Vol ii, 1847) was one of intrusion for entering upon certain coal mines and veins of coal in the county of Northumberland, containing 60 acres, and belonging to the Queen. At the trial the Attorney General proved that the land had been granted to one Dumaresq, from whom the defendant was a lessee but the Crown in the deed of grant reserved the mineral right, which had been given to another party, namely, the A.A. Company.
The plea entered in defence was "not guilty;" that is to say, that the defendant had not so intruded, and several points were raised, the chief one being that, under the statute of James 1, the proviso of reservation or exception was void, as it tended to create a monopoly. The case lasted several days, and the learned judge in addressing the jury observed that they had nothing to do with any question of monopoly. A verdict was given for the Crown on every point, and the defendant moved for a new trial, which was granted. The trial was reheard in the Full Court in January, 1847. The former verdict was upheld on every point, and in delivering judgment (see appendix to vol.ii) Sir Alfred Stephen, then Chief Justice, said that in the A.A. Company's Act, "for the cultivation and improvement of waste lands in this colony," it was enacted that the company may lawfully hold all lands granted to them by His Majesty (Geo. 111.), and as the company had the exclusive right to mine coal from under Crown lands, as well as that held by them the defendant must be restrained from mining. The judgment, a very lengthy one, was final, and there are many people in the district who remember the excitement which prevailed at the time. Though restrained from mining at the Four Mile Creek the defendants were by no means discouraged, and three years later they succeeded in making arrangements with the late Dr. Mitchell to work a portion of the Burwood seam which outcrops from the hills in that district. Soon after the termination of the lawsuit the A.A. Company agreed with the Government to forego their monopoly, and thus ended the struggle.
In the meantime others were working on the estate, and the coal was taken to the town in carts. On the Burwood estate, the Brown Brothers worked until 1852, by which time a railway had been laid by Dr. Mitchell to the port. The Newcastle Coal and Copper Company purchased the tunnels of Messrs. Brown, Donaldson and Notts, who had by that time succeeded in obtaining shoots adjoining those of the A.A. Company. Mr. Eales (now the Hon. John Eales), and Mr Christie having obtained an Act of Parliament, constructed a line of railway from Minmi to the Hunter River at Hexham, and started the present Duckenfield Colliery. In 1859 Messrs. J. and A. Brown became owners of the mine and sometime afterwards sold it to the Minmi Coal Company. The colliery soon afterwards was deserted by the company, and the Messrs. Brown again took it over at a cost of £10,000, it having in the meantime become flooded. They had previously purchased numerous blocks of land in the vicinity, and have from that time continued to mine coal from the land.
The estate at present consists of nearly 6000 acres, and is situated among the hills some sixteen miles to the west of the City of Newcastle. It is the freehold property of the firm, and bounded on the south by the Young Wallsend and Monkwearmouth estates, on the east by the Wallsend and Co-operative, on the west by the West Wallsend, while the northern boundary runs nearly to the Maitland railway. Situated in a valley near the centre of the estate is the thriving township of Minmi, which has a population of over 3000 souls, the great majority of the adult population being employed by the firm. With the exception of a few roads, and some acres resumed by the Government for a school and post office, the land belongs to Messrs. J. and A. Brown, who let it to their people on a conditional lease of 21 years, of which over fifteen have expired. The houses are mostly of wood and are erected with no uniformity of design. At present the place boasts of several stores, six hotels, a handsome public school, and two or three churches, which added to the large establishments of the firm give the place the appearance of being much larger and more compact than it really is. The roads and streets are by no means well laid out; but doubtless in time a great improvement in this respect will be made. In the centre of the town is a number of substantial brick buildings, in which the many things required in a large colliery are repaired and constructed. It was at this spot that Mr. Eales in 1857, put down the Minmi shaft, which was converted by the present firm into a pumping pit for the Duckenfield mine. The largest of these buildings is set apart for workshops, and it is safe to say that few people in the district have any idea of the magnitude of them. Entering the building on the north side the visitor is shown the fitting shop in which there are five turning lathes, which enable the firm to turn iron up to 8ft. In another part are to be seen horizontal, vertical, and radial drilling machines, where a six-foot cylinder can be bored.
