% THE COLLIERY GUARDIAN.

Ducembek 18, 1914.

&-1278

-JOHSESEHESSSSSSSSSSSSSSSEESSISSSESS

.plaintiff’s case, and further • admitting that Randle v. Clay
Cross Company Limited was fatal to the plaintiff in .that
Court, judgment was entered for the defendants. The
decision was that, as the County Court judge did, not know
what the dispute was which had arisen between the parties,
•or how the umpire had dealt with it, and as counsel for
the plaintiff merely said that he could not produce a certifi-
cate, the defendants were entitled to judgment. To his
'mind that was wrong. The production of a certificate was
not a condition precedent to the plaintiff’s right to sue. If
,there was no dispute it was clear that the production of a
certificate could not be a condition precedent. If there was
a dispute, in his opinion it could not be a condition prece-
dent in every t case. If it appeared that there had been a
reference to arbitration, but that the arbitration was not
concluded, he thought that the County Court judge ought to
^ay that he could not proceed further on the materials before
him, and to adjourn the case. In the present case’the stage
had not been reached at which it was essential for a certifi-
cate to be produced. In his opinion, the judgment of the
County Court judge should be set aside, and the case should
be remitted to him for further hearing, with' a direction
that the production of a certificate was not a condition
precedent to the right to sue.

Lord Justice Phillimore and Lord Justice Pickford
delivered judgment arriving at the same conclusion.

.	HIGH COURT OF JUSTICE.

KING’S BENCH DIVISION.—December 14.

; J	Before Mr. Justice Bankes.

Tonypandy Riots : Police Expenses.

The Glamorgan Coal Company Limited v. The Glamorgan
County Council; The Powell Duffryn Steam Coal Company
Limited v. Same.—These, actions arose out of'the sending of
police and military into the Rhondda Valley in October 1910.

*,.The plaintiffs, in the first case were the Glamorgan Coal
> Company Limited, of Cardiff, and in the second action the
.. Pow’ell Duffryn Steam Coal Company Limited, of Abera von.

They each sued the Glamorganshire County Council, the
Standing Joint Committee of the Quarter Sessions and
County Council of Glamorgan, and Capt. Lionel Lindsay,
Chief Constable of Glamorgan, to recover in the first case*
. <£23,346 Ils, lid., and in the second £2,022 7s. 7d., money
..expended on the provisioning and housing of additional
police while they were in South Wales, where they were
, drafted to quell rioting. The plaintiffs relied on interviews
with the defendant Capt. Lindsay, who, it was alleged, gave
an undertaking that the expenditure would be reimbursed
out of the County Fund. In addition to the sums men-
tioned, the plaintiffs claimed a declaration that the said
sums were extraordinary expenditure necessarily incurred
by Capt. Lindsay in the execution of his duty within the
meaning of the County Police Act, 1839, and that he was
entitled to payment thereof out of the County Fund. The
defendants denied the alleged agreement, and said that if
" the plaintiffs housed or fed the said police and expended
J money .as alleged, they did so voluntarily and on their own
. account to protect their collieries.

: ; Mr. Justice Bankes, in a considered judgment, said that
: -fie was satisfied that the importation of the police into the
. district was necessary in view of the disturbances, and he
, ,was of opinion that the expenditure incurred was not a
voluntary expenditure, but was an expenditure incurred at
the request of Capt. Lindsay in circumstances which implied
a, promise of repayment. He was satisfied that Capt.

. Lindsay, in making the requests, was acting in his capacity
. of Chief Constable of the County of Glamorgan, and in the
belief that he would in due course get the authority of the
Standing Joint Committee for the repayment of the expendi-
, ture. As in his view the plaintiffs had established a right
s of action against the Standing Joint Committee, their action
against Capt. Lindsay failed. He decided in favour of the
plaintiffs as against the Standing Joint Committee and the
County Council in both actions, and he made the declaration
asked for by the plaintiffs. He gave judgment for the
defendant Lindsay in both actions, with costs. It was
arranged that the matter should be mentioned again after
the County Council and the Standing Joint Committee had
considered the judgment.

THE IRISH COAL TRADE.
Thursday, December 17.

Dublin.

The tone of the trade generally is healthy, and demand
well up to a normal standard, prices of house coals being
all advanced this week owing to so many steamers being
out of position through the recent storms, and the conse-
quent advance in freights. There is, so far, no change in
prices of steam coals in this port, although Scotch qualities
are advanced elsewhere at this side. Merchants are
endeavouring to replenish their stocks, which are consider-
ably run down at present. The following are the present
quotations in the city .-—Best Orrell, 28s. per ton ; Hulton
Arley, 27s.; best Whitehaven, 26s.; best Wigan, 26s.;
Pemberton Wigan, 24s.; kitchen nuts, 23s.; best Orrell
slack, 22s.—all less Is. per ton discount for cash; house
coal, retail, Is. 8d. per sack; steam coals about from 22s.
to 23s. per ton; best coke, 22s. per ton delivered. Irish
coals at Arigna Colliery, county Leitrim, are :—Best coals,
15s. lOd. to 18s. 4d. per ton; nuts, 13s. 4d. per ton; culm,
10s. per ton—all. at the pit mouth. The coaling vessels
arriving during the week amounted to 40, as compared
with 32 the week previously, chiefly from Liverpool,
Garston, Ayr, Glasgow, Maryport, Newport, Partington,
Point of Aire, Troon, Llanelly, Saundersfoot, Preston,
Whitehaven, Workington and Cardiff. The total quantity
of coal discharged upon the quays was 16,353 tons, as
against 13,533 tons in the previous week.

Belfast.

For all qualities of coal there is a fairly good demand,
and severe weather and higher freights have caused prices
to be advanced Is. 6d. per ton in house coal during the
week. Stocks are now lower than for some time past, more
particularly of Ayrshire coals, prices of the latter still
tending upwards. The following are the current quota-
tions :—Best Arley house coal, 29s. per ton ; Hartley, 28s.;
Wigan, 27s.; Orrell nuts, 28s.; Scotch house, 25s.; Orrell
slack, 25s. Coal-laden vessels arriving during the past week
were chiefly from Ayr, Workington, Garston, Preston,
Glasgow, Troon, Ellesmere Port, Partington, Maryport,
Burryport, Ardrossan, and Whitehaven.

TRADE AND THE WAR.

The Liege Coalfield'—What is an Alien Enemy British
Colliers in the Panama Canal—Tin-plate Licences—
Prize Court 'Claims—Collecting Foreign Trade Debts :
Important Statement.

The Handelsblad learns that the management of the
Liege coal mines has received permission from the German
Minister at The Hague to ship coal to a big German firm
at Rotterdam. It is proposed to obtain the necessary wood
for building galleries in the mines from Holland, and
negotiations have already been opened with a view to
securing permission for the export of wood for this purpose.

At a meeting of the Institute of Directors Dr. Ernest J.
Schuster, in the course of a lecture on contracts with alien
enemies, said that on the question as to what companies
were alien enemies, corporate bodies carrying on business
in an enemy country were alien enemies even though they
were, incorporated in this country. According to the
Trading with the Enemy Proclamation No. 2 (section 3),
however, enemy character attached only to bodies incor-
porated in an enemy country ; but this was in clear
contradiction of the Common Law Rules.

A Panama message says that Colonel Goethals, the
Governor of the Panama Canal zone, has ordered the
immediate departure of the British colliers “ Kirnwood ”
and “Roddam,” to avoid any question of the good faith
of the United States respecting the neutrality of the waters
of the canal zone. Both vessels have accordingly left
these waters.

The Government have decided to grant a few special
licences to merchants for the exportation of South Wales
tin-plates to approved customers in Sweden, Denmark and
Holland. In consequence of the recent prohibition many
hundreds of tons of tin-plates are being held up at Swansea.

A committee has been appointed by the First Lord of the
Treasury to receive and consider claims made by British,
allied, or neutral third parties against ships or cargoes
which have been condemned or detained by order of Prize
Courts, and to recommend to what extent, in what manner,
and on what terms such claims should be met or provided
out of prize funds. Mr. L. F. C. Derby is secretary to the
committee, and communications should be addressed to him
at Goldsmith-building, Temple, E.C.

Germany is said to be becoming uneasy about the
prospect of England capturing the Dutch coal trade and
maintaining control over it for many years to come. The
Deutsche Wochezeitung fur Nieaerlander und Belgien says
that what coal is now raised in Germany is needed at
home. But Holland is dependent upon Germany for her
supply of coal for commercial purposes, and it is therefore,
this journal says, necessary that Germany should endeavour,
even at a reduced rate, to supply coal to Holland. The
alternative is clearly pointed out. England will not supply
German customers with coal merely for the period of the
war. Long date contracts will be insisted upon, and the
German coal trade will be crippled for many years.

The Foreign Trade Debts Committee have issued a
statement explaining the operations of the Government
scheme for enabling British exporters to obtain advances
in respect of foreign and colonial debts and unpaid
acceptances which cannot at the present time be collected.
The scheme does not contemplate direct advances by the
Government to exporters. It aims at enabling the trader
to draw bills accepted by his bank, and guaranteed by the
Committee appointed by the Treasury under the scheme.
Such bills will be first-class negotiable instruments, and
dapable of being readily discounted on the most favourable
terms, either at the trader’s own bank or in the market.
The procedure is as follows:—An exporting firm or
company having debts due to them from abroad, but not
immediately collectable owing to the war, will through
their bankers furnish the Foreign Trade Debts Committee
with a statement of their financial position, and a list of
the foreign debts forming the security for the accommoda-
tion, and for this purpose the necessary forms are supplied
to banks by the Committee as required. The maximum
limit for an advance is 50 per cent, of the foreign debts.
Upon application being authorised, the trader draws a six
months’ bill on the bank recommending the advance. The
bank accepts it and obtains the Committee’s certificate
endorsed thereon. The bill can then be discounted at once,
and will be renewable with the approval of the Committee
for subsequent periods of six months: Renewals may
be arranged until after the conclusion of the war. The
cost to the trader of the accommodation should work
out at the rate of about 6A per cent, per annum, made up
as follows :—Insurance commission of 1 per cent, payable
to the Committee on each six months’ bill (making 2 per
cent, per annum) ; accepting fee of $ per cent, payable to
the bank on each bill (making i per cent, per annum).
Assuming that the bills can be discounted at, say, 3| per
cent., and allowing for stamp duty, the total price paid for
the accommodation is estimated at a little under 6| per
cent. The trader remains personally responsible for
meeting the bills which he has drawn, even though the
foreign debts should prove to be irrecoverable. The
scheme, in fact, provides the trader with the means of
obtaining money pending the recovery of debts due to him
from abroad, but does not relieve him from liability if the
pledged debts are insufficient. If the trader is unable to
provide for the bills when they fall due they will be
honoured by the accepting bank, and any ultimate loss,
after the insurance fund has been exhausted, will be met
to the extent of 75 per cent, by the Government. Thus a
bank in agreeing to accept bills under the scheme will
have as security (1) the foreign debts scheduled with the
application, (2) the trader’s credit, (3) the insurance fund.
If there is, nevertheless, an ultimate loss, the bank’s share
in it is only 25 per cent. The Committee is prepared to
consider the recommendation of any bank of high standing
doing business in this country.

At the Mansion House Police Court on Tuesday the
hearing was resumed, before Sir John Baddeley, of the
summons against John Frederick Drughorn, charging him
with trading with the enemy, and also with carrying
merchandise destined for persons in business in Germany.
The case for the prosecution was that before the war the
defendant was engaged in importing iron ore from Norway
into Germany on a very extensive scale through branches
of his business in Rotterdam. On the outbreak of the war
his company’s tugs and lighters on the Rhine were seized
by the Germans as belonging to an English company. After
this, upon the defendant’s instructions, it was alleged that

the Rotterdam company, which was registered according to
Dutch law, continued the importation of iron ore into towns
on the Rhine, the proceeds being received by the defendant.
On the conclusion of the evidence, the magistrate said he
was of opinion that a prima facie case had been established,
and committed the defendant, who pleaded “Not guilty,”
and reserved his defence, for trial at the next Old Bailey
Sessions. Defendant was released on his own recognisances
in <£1,000.

The Board of Trade are expected shortly to make an
important pronouncement with respect to the inconvenience
and loss sustained by traders through the closing of the
North Sea. It is understood special facilities will be
granted by the railway companies. These are the outcome
of a deputation of traders.

An Order in Council published in the Gazette amends the
Proclamation prohibiting the exportation from the United
Kingdom of certain warlike stores by adding aniline oil,
aniline salt, and picric acid and its components to the list
of articles the export of which is prohibited to all destina-
tions.

The Hull Chamber of Commerce and Shipping on Monday
passed a resolution in favour of the British Government
being requested to approach the French and Russian
Governments for a preferential tariff on British manufac-
tured goods imported into those countries. A further
resolution passed urged that the Government should at
once proceed with the passing of the Registration of Firms
BiR.

THE LONDON COAL TRADE.

Thursday, December 17.

The London coal trade for the past week has again been
very brisk. Merchants complain bitterly of the inadequate
supplies coming forward by rail, and hundreds of loaded
wagons are held up on the various railway lines. In view
of the approaching holidays, and the consequent cessation
of work at the collieries, the enquiry and the demand for
coal has been stronger than usual, and buying has been
freely entered into. The delay to the loaded wagons has
led to a great scarcity of fuel, and in the event of colder
weather the conditions will be scarcely bearable. On
Friday last, the merchants decided to advance the public
prices Is. per ton on all qualities except stove coal, which
was advanced Is. 6d. per ton, and best Wallsend, which
remained unaltered. This will bring the public prices to best
Wallsend, 30s.; best Silkstone, 30s.; and Derby brights, 29s.
In the seaborne market, very little change, was noticeable.
The decision of the merchants on Friday not to advance
the public price of Wallsend is a clear index to the state of
the trade, for, whilst there is a growing scarcity of the
ordinary Silkstone, Derby brights, and other cheaper
qualities, the collieries in the north are said to be working
short time on account of the scarcity of orders and the
difficulties in shipping trade for export. Gas qualities are
working better, and prices are firm. The recent bombard-
ment of the Hartlepool district may have a bad effect on
the seaborne market, for it will in all probability limit the
number of ships prepared to run the risk of bringing coal
along the coast to London. The bulk of the London
supplies will unquestionably come in by rail, and, unfortu-
nately, the mineral traffic just now is in a very hopeless
condition. To make matters worse, it was stated by the
railway companies that they intended closing their lines to
all mineral traffic for a week before Christmas ; on the
other hand, some of the railway managers say that
strenuous efforts will be made this week-end to bring
forward all loaded trucks possible, so as to get them out of
the way for all the main line traffic during Christmas week.
On Monday’s market only 11 vessels were reported as
arriving in the Thames, and only five for Wednesday’s, but
all were contract cargoes. For three days during the week
the tramway service throughout London was seriously
interfered with on account of a breakdown at the generating
station at Greenwich. A new Bill is to be brought before
Parliament, providing for the establishment of the London
electricity authority, consisting of representatives of the
county and county borough councils within the area—viz.,
the county councils of London, Essex, Kent, Hertford,
Middlesex and Surrey, and the county borough councils of
Croydon, East Ham and West Ham.

From Messrs. Dinham, Fawcus and Co.’s Report.

Friday, December 11.—Owing to the unsettled weather
and the scarcity of supplies, there was a little better
demand in the seaborne house coal market to-day, but no
cargoes on offer. Cargoes 15.

Monday, December 14.—The seaborne house coal market
was without alteration to-day, although there was a slight
improvement in the demand, but no supplies coming
forward. Cargoes 11.

Wednesday, December 16.—There was a fair amount of
enquiry for seaborne house coal at to-day’s market, but no
cargoes on offer, and poor prospects of any coming forward
at present. Cargoes 5.

THE TIN-PLATE TRADE.

Liverpool.

Manufacturers are not inclined to sell forward unless
they can obtain higher figures than those ruling at present,
which they state do not cover cost of production. There is
not much new business to be had, however, and unless
matters improve, a further reduction in output will take
place. Second hand parcels, and stock lots at works, con-
tinue to be disposed of at low prices, and the figures given
below may be taken at about makers’ present quotations for
approved specifications for near deliveries :—Coke tinplates :
IC 14 x 20 (112 sh. 1081b.), 12s. 6d. to 12s. 9d. per box;
I C 28 x 20 (112 sh. 216 lb.), 25s. 3d. to 25s. 6d. per box;
IC 28 x 20 (56 sh. 108 1b.), 12s. 101d. to 13s. per box;
I C 14 x 18$ (124 sh. 110 lb.), 12s. 9d. to 13s. per box;
I C 14 x 19| (120 sh. 110 1b.), 12s. 9d. to 13s. per box;
I C 20 x 10 (225 sh. 156 Ib.j, 17s. 7 Ad. to 17s. 9d. per
box ; I C squares and odd sizes, 12s. 7 Ad. to 12s. 10 Ad. basis.
Charcoal tins rule firm at 14s. 6d. basis and upwards,
according to tinning. Coke wasters were in a little better
demand, and prices rule steady as follows:—C W 14 x 20,
Ils. 6d. per box: C W 28 x 20, 23s. 3d. per box; C W
14 x 18U Ils. 4Ad. per box: C W 20 x 10, 14s. lid. per
box. All f.o.b. Wales, less 4 per cent.