January 22, 1915.

THE COLLIERY GUARDIAN.

193

Scotland.

Gas Corporations and their Coal Supplies—Tramways at
Glasgow Harbour.

In no part of Scotland have miners suffered so acutely
since the outbreak of the war as in the Slamannan district,
but it is encouraging to note that a change has set in with
the advent of the new year. The Easter Jaw Colliery,
which has been idle for about four months, has now restarted
and already upwards of 60 miners have found what gives
promise of being steady employment. It is also reported
that the Jawcraig Colliery, which has been idle for some
time, is also to be re-opened soon, while with the starting
again of Guardroom Colliery, the outlook for the immediate
future is considerably brighter.

A roll of honour of men in the Army is being compiled in
the Lothians, and up to the present the returns from the
several collieries are as follow:—Arniston, 194; Elphin-
stone, 83; Niddrie, 328; Ilosewell, 31; Carberry, 101;
Preston, 42; Ormiston, 66; Preston grange, 177; W-allyford,
120; Pol ton, 14; House of Mines, 8; Bankston, 64; Wood-
hall, 43; Bankpark, 32; Boslin, 64. Figures from two of
the largest collieries, Newbattle and Loanhcad, have not yet
been obtained, but the numbers are such as will bring the
grand total up to 2,000 members.

At a general meeting of the governors of George Heriot’s
Trust, held in Edinburgh, it was reported that arrange-
ments had been completed for the opening of the new mining
rescue station, which is to be part of the equipment of the
Heriot-Watt College. The station is to be formally opened
by Lord Provost Inches on Wednesday, February 24, and
Sir Pilchard A. S. Bedmayne, head of the Mining Depart-
ment, Home Office, London, will probably give an address.
It may be noted that the installation of the new rescue
station has been carried through in conjunction with several
of ,the colliery owners in the district, with whom the
governors have an agreement, and the estimated cost is
41,400. Mr. Michael McCormick, Bescue Station, Kil-
marnock, has been appointed instructor at the station, while
Mr. Win. A. Smith, 59, Dundas-street, Bonnyrigg, pre-
sently employed by the Arniston Coal Company, has been
chosen as assistant.

Dundee Gas Committee of the Town Council have had
under consideration a difficulty which has arisen over the
contract supplies. It was reported that a Glasgow firm,
who had a large contract pending with the Corporation, had
written advising that steps should be taken by the large,
corporations in Scotland to ask the Government to suspend
the statutes dealing with miners’ hours and wages, with a
view to receiving an adequate supply of coal. The letter
further stated that the output was now reduced 30 per cent,
compared with the normal output, and there were difficulties
in the way of transport. In the course of the discussion it
was stated that representatives of other large corporations
had indicated their willingness to hold a conference on the
subject, and the meeting instructed the convener and
manager to .assist in doing what they could to have this
conference held without delay, and it was further suggested
that the War Office should be approached with a view to
having the labour supply of the mines preserved. Bailie
Barnes said notice should also be taken that the miners
were not working a full week, and a representation should
be made to them that they had a patriotic duty to perform.

The coal owners of Scotland met in Glasgow on the 13th
inst., to consider the provisional arrangement made with the
Clyde Trustees in respect of the extra charges for the use
of the tramways at Glasgow Harbour. The agreement
provides that from September 20 last shippers of coal shall
pay |d. per ton for the use of the tramways in the quays of
Queen’s Dock, Prince’s Dock, and Bothesay Dock, and |d.
per ton for the use of those at the General Terminus Quay.
It was agreed unanimously to accept the proposals. The
reason for the differentiation is that the cranes and capstans
at the latter place are the property of the Caledonian Bail-
way Company, while the others are the property of the
Clyde Trustees.

TRADE ARID THE WAR.

The Reinhard Patent : A Third Application—The Govern-
ment Dye Scheme—The Shortage of Shipping—Relief
Measures—Trading with the Enemy.

In the Patents Court, on Monday, Messrs. Stewarts and
Lloyds Limited, Birmingham, applied for a licence under a
German patent, in the name of Beinhard, to manufacture
during the term of the war an adjustable steel pit prop.
Messrs. Edwin Lewis and Sons, tube manufacturers, of
Wolverhampton, opposed the application. The latter pro-
duced a notification from the Board of Trade that a licence'
was to be issued to them to manufacture this pit prop.
Mr. Mills, of The Manor, Willenhall, had also been given a-
licence to manufacture. For Messrs. Edwin Lewis and Sons it
was urged that they were earlier in the field for this patent,,
besides being the oldest tube manufacturers in the country..
They offered the suggestion that the applicants should be
limited to Scotland as their area of supply. For Messrs.
Stewarts and Lloyds, Mr. E. J. Fox replied that his clients
might as well be given a monopoly to supply the coal mines
of the Sahara desert. It was explained that Mr. Beinhard,
of Birmingham, a brother of the patentee, and now interned
in . this country, approached the applicants in June with
a view to their manufacturing these props for England,,
but the war put an end to those negotiations. Applicants,,
who had already held orders for these props, employed
15,000 hands, had works in Scotland and Staffordshire, and.
had a capital of between 4 and 5 millions. They already
made a simpler steel prop of their own. They would,
consent to. pay a royalty of 5 per cent. The Controller said
he would report to the Board of Trade.

With reference to the aniline dye scheme proposed by
the Government, conferences on the subject have now been,
held at the Board of Trade to further the scheme. A
deadlock has arisen regarding the guarantees of business
at the end of the war. The Association of Chambers of
Commerce has passed the following resolution:— “That
the proposed scheme of a national company, assisted by
Government money, to develop the coal tar colour industry
in the United Kingdom would, in the opinion of the council
of the Association of Chambers of Commerce of the United
Kingdom, not meet the difficulties of the situation, but-
would stifle competition and establish a monopoly. That
the council is of the opinion that a substantial import duty on
coal tar colours should be imposed for some years after the close
of the war. If this be granted, the present manufacturers
would largely extend their operations, other manufacturers

—British and foreign—would establish works, and there
would be a much-increased output. The competition
within the United Kingdom would insure the consumers
against excessive prices, and be an incentive to economical
and efficient manufacture?"—The council of the London
Chamber of Commerce have also considered the matter, and
have adopted a resolution to the effect that, as a means of
meeting a national emergency, a guarantee of adequate
tariff protection for at least 10 years after the termination
of the war should be given.—At a special meeting of the
Bradford Dyers" Association Limited, on Monday, it was
decided to forward a letter on the question to Sir William
Blender, as representing the Board of Trade. The letter states
that the circumstances call for Government aid in a more
effective form than that of merely lenders, such aid may,
says the letter, be applied by protective tariffs, grants in aid,
or lending schemes, and suggests that the former would be
probably most effective. Between the other two courses a
system of grants in aid is preferred, and it is suggested
that a commission should be appointed to administer a
fund on the lines suggested, and that an. immediate grant
of 4500,000 should be made. Under this method it is also
suggested that the Government should for 10 years make
an annual grant of equal amount to that voluntarily raised
by trades interested.—It is now possible to state authorita-
tively, says The Times, that the Government have no
intention whatever of relaxing their efforts to establish a
national dye industry.—The committee appointed by the
users of dyes met at the Board of Trade on Wednesday. In
view of the present attitude of their respective companies
towards the committee’s scheme, Mr. Lennox B. Lee, of the
Calico Printers" Association Limited, and Mr. Milton S.
Sharp, of the Bradford Dyers’ Association Limited, with-
drew from the committee. The remaining members of the
committee were unanimously of opinion that the proposals
of the Bradford Dyers’ Association Limited were impracti-
cable. The committee will be enlarged, and will proceed
immediately to the preparation of a scheme on a modified
financial scale which, while not departing from the general
lines originally laid down, will in several respects be more
advantageous to the subscribers to the proposed company.

A report on the overseas trade of theJJnited Kingdom,
with special reference to the present congestion of traffic at
the ports, has been presented to the Liverpool Steamship
Owners" Association. This report, signed by Sir Norman
Hill, throws valuable light on the conditions which are
contributing to raise freights. The report begins with a
comparative statement of the value of the imports for the
five months August to December in 1913 and 1914. These
.figures summarised show that for the oversea trade of the
United Kingdom the volume of imports has fallen 21 per
cent., whilst the shipping tonnage carrying those imports
has decreased by 29 per cent., and that so far as the over-
sea trade of Liverpool is concerned the volume of imports
has fallen by 5 per cent, and of exports by 20 per cent.,
whilst the shipping tonnage entered and cleared has
■decreased by 3 per cent, inwards and 12 per cent, outwards.
An examination of the oversea trade of other nations shows
;a very similar position. There have been withdrawn the
ships of Germany, Austria, and Hungary, which represent
about 14 per cent, of the world’s shipping. On the other
hand, the oversea trade of those countries and of Belgium
(which together represented in normal times about 22 per
■cent, of the trade of the world) has vanished, and the trade
of the Baltic and of the Black Sea has almost ceased to
exist. The trade of some of the neutral countries has
increased, but it is probable that the oversea trade of the
world has suffered not less than the oversea trade of the
United Kingdom, that is to the extent of about 30 per
■ cent. The number of British vessels available for oversea
trade has been seriously diminished by the requirements of
the Admiralty, who have taken up about 25 per cent, of the
ships. Sir Norman says that there is nothing in the above
figures to account for the congestion of the ports. The
main cause is the shortage of labour. He concluded by
saying that “ If the block in the ports cannot be removed,
freights and prices must go on rising until we are faced
with the risk of actual shortage in our supplies of food and
raAv material.”

It is now clear that the machinery set up by the Govern-
ment for dealing with distress due to the war is not at
present required. It is therefore suggested that it should
be scrapped, but Ministers as a body are said to agree with
the Labour members, that all machinery should be kept in
readiness for dealing with the critical period that will
follow the war. Over one million men have been taken out
of industrial pursuits, and at least another million have
been diverted to occupations necessary for carrying on the
struggle. When the war ends most of these men must be
re-absorbed by the industries that flourish most in times
of peace. Therefore, the Government will retain intact for
the present all the machinery called into existence, and at
the same time the Board of Trade officials will keep careful
watch on the condition and possibilities of industry.

A telegram from Panama says that friendly notes of
protest have been despatched to the British Minister
Besident, Mr. Mallet, and also to the Japanese Embassy at
Washington, against the alleged violation of neutrality by
the colliers “Kirnwood” and “ Boddam” last month, while
Japanese and British warships were in the Panama
waters.

The Amsterdam Telegraaf learns from reliable sources
That the Germans have for some weeks given work to 40,000
miners in the collieries at Mons, Liege and Charleroi, and
that they are exporting the coal to Germany. The work-
men earn 2 marks daily. Armed German guards are placed
in the mines.

At Newcastle, on Wednesday of last week, Prof. H. M-
Hallsworth, before the Newcastle Economic Society, dealt-
with the trade prospects after the war had ended. He
thought it was a mistake to think that at the close of the
war Germany would cease to count commercially. He saw
no reason to reverse free trade or private enterprise in
industry. There were the new markets opened to us by the
stoppage of exports from Europe, and particularly from
Germany, to consider, and the extent to whieh these might
compensate us for the loss of European markets. Secondly,
there was the possibility that organised effort might secure
for us a larger measure of trade in world markets. In these
directions manufacturers had a unique opportunity, their
rivals being shut off from the markets of the world—a state
not likely to recur for another generation. Our German
competitors possessed no weapon we do not possess or may

not acquire. The six characteristics Germany employed
were: (1) The importance attached to research and the
study of theory and principles of business ; (2) attention to
detail and willingness to study tastes of customers ; (3)
improved salesmanship; (4) better organisation of industries
as a whole ; (5) financial backing of industrial undertakings
by the banks; and (6) more support by the State of
commercial and industrial enterprise. Lie thought much
could be gained by an improvement in the training and
appointment of consuls.

A specially constituted Court of Appeal, consisting of the
Lord Chief Justice, the Master of the Bolls, and Lords
Justices Buckley, Swinfen Eady, Phillimore, and Pickford,
gave judgment on Tuesday in several cases, argued before
them in December last, which raised questions as to the
legal position of alien enemies in this country. The cases
were those of Porter v. Freundenberg ; Krelinger v. S.
Samuel and Bosenfeld ; in re Merten’s Patent ; the
Continental Tyre and Bubber Company (Great Britain)
Limited v. Daimler Company Limited; and the Continental
Tyre Company v. Thomas Tilling Limited. The Lord Chief
Justice read a judgment referring to the first three cases.
He said the main questions were, firstly, the capacity of
alien enemies to sue in the King’s Courts ; secondly, their
liability to be sued ; thirdly, their capacity to appeal to
the Appeal Courts ; and, generally, their right to appear
and to be heard in the King’s Courts. The law was firmly
established in 1799 that one of the consequences of Avar
was an absolute interdiction of all commercial intercourse
or correspondence by British subjects with the inhabitants
of a hostile country, except by permission of the Sovereign.
A. declaration of Avar imported a prohibition of all commerce
and correspondence with the inhabitants of the enemy’s
country, and that such intercourse Avas illegal. It Avas
clear law that the test of “ alien enemy ” for the purposes
of this matter Avas not the nationality but the place of
carrying on business that Avas important. Alien enemies
had no civil rights or privileges, unless they were here
under the protection of, and by permission of, the CroAvn.
The next point to consider Avas Avhether alien enemies Avere
liable to be sued in British Courts during the Avar. To say
that an alien enemy could not be sued during Avar Avould
be to convert that Avhich during the Avar Avas a disability
into a relief of the enemy from the discharge of his liability
to British subjects. Once the conclusion Avas reached that
an alien enemy could be sued, it folloAved that he might
appear, might be heard in his oAvn defence, and might take
all proper steps necessary for his case. Once he Avas sued,
he Avas equally entitled to every opportunity of challenging
the correctness of the judge of first instance as any other
defendant. The Court, having decided that alien enemies
could be sued, had to decide how effective notice of the
proceedings could be given to the alien enemy Avho was
sued. They thought the proper order to make Avas to give
leave to make substituted service, and they referred the
first Iavo cases to Chambers as to the proper modes and
methods of effecting substituted service. The Bule
Committee might think it necessary to frame further rules
to meet the cases. In the third case, the appellants Avere
admittedly alien enemies, and they contended that their
appeal could not be heard during the war. Judgment Avas
given against them before the war, but it was suspended
pending appeal, and it was to their advantage that the
appeal should be delayed. The appellants, however, Avere
entitled to appear (they being originally sued, and being
in the position of defendants), and Avere entitled to appeal
during the Avar. It Avas, however, in the discretion of the
Court before Avhom the appeal came, to postpone the hearing
for other reasons. The actions by the Continental Tyre
Company Avere brought to determine Avhether during the
war payment of a debt could be enforced by a company of
which all the directors and shareholders Avere alien enemies.
Mr. Justice Scrutton and Mr. Justice Lush had decided in
favour of the company, and the present appeals Avere
against both judgments. The fallacy of the appellants’
contention Avas that the constitution of the company could
not be disregarded. A company formed and registered
under the Companies’ Act in England had a real existence,
and Avas a legal entity, entirely separate and distinct from
the shareholders, and therefore payment to the company
Avas not payment to alien enemies. In the opinion of the
majority of the Court, both the appeals must be dismissed.
Lord Justice Buckley regretted that he was unable to
■concur in the decision. The plaintiff company, as an
artificial legal entity, had no independent poAver of motion.
Lt Avas moved by its German corporators ; it was German in
fact, and British in form. For these reasons, he was of
opinion that the plaintiff company stood for the present
purpose in the position of an alien enemy, and could not
sue. He thought the appeals should be alloAved. The
Lord Chief Justice said the result Avas that both appeals
Avould be dismissed, with costs.

The trial Avas concluded before Mr. Justice BoAvlatt at
the Old Bailey, on Wednesday, of John Frederick Drug-
horn, 50, shipowner, avIio pleaded not guilty to an indict-
ment charging him Avith trading Avith the enemy. The
case for the prosecution Avas that defendant, who Avas
governing director of Frederick Drughorn Limited, a
company having its offices at Gracechurch-street, E.C.,
with a branch at Botterdam, in September last entered into
a neAv commercial agreement Avith a SAvedish company,
Avhich, it Avas alleged,-was for the benefit of the enemy,
inasmuch as through the Botterdam branch lighters
Avould be engaged to carry iron ore into Germany
to the Bhine steehvorks. The prosecution alleged that to
get over the difficulties of the war and to enable him to
carry out his obligations Avith the SAvedish firm, defendant
revived a company called the Drughorn Transport Company.
It Avas stated that the firm had contracts to carry over a
million tons of iron ore into Germany at the time the Avar
broke out. The defendant, giving evidence, said he Avas
born in Holland, but had become a naturalised subject in
1912. At the outbreak of Avar he had twenty-four Bhine
tugs seized by Germany. He had written a letter to the
Board of Trade, in Avhich he asked Avhether the Botterdam
branch would be acting disloyally in discharging and tran-
shipping a cargo of iron ore from SAveden. The letter
added : “ As regards the chartering of tonnage for trans-
portation to ultimate destination, this Avould in the present
instance most likely be attended to by a Dutch company, in
Avhich, however, our Botterdam branch is interested.” The
Dutch company referred to Avas the Drughorn Transport
Company. The defendant Avas found guilty and ordered to
pay the costs.