June 25, 1915.

THE COLLIERY GUARDIAN.

1331

165 to 175 marks are obtained without difficulty.
Galvanised and tin plates are also the subject of
active enquiry. The trade in wire is quieter again,
and wholesalers are offering below Convention prices,
though the difference is less than previously, and it is
expected that rates will become firmer. Anticipations
of a drop seem likely to prove groundless, especially if
semis are again advanced. The works are turning out
as much as possible with the short supply of labour
available, some of them being unable to work more than
one shift a day, so that their output is only about 50 per
cent, of the normal. The Convention price for rolled
mild steel wire is 135 mk., but 140 mk. and more are being
obtained, with 15 mk. extra for open-hearth material, and
similar differences in excess of the Convention rates are
being paid for drawn, galvanised and barbed wire. The
export business is active, but has numerous difficulties
to contend with. The State railways are taking satis-
factory quantities of super structural materials, and
high prices are being obtained for supplementary orders,
heavy rails being quoted at 145-155 mk. for the home
trade and 135-140 mk. for export. There is little doing
in narrow-gauge and pit rails at 135-140 mk. for home
or export; light rails are quoted at 150-155 mk. and
135-140 mk. respectively, and tram rails at 155 mk. and
140 mk., new orders being, however, scarce.

TRADE AND THE WAR.

In the debate in the House of Commons on Supply last
week, Sir John Harmood-Banner urged that the best way
of paying for imports was by having sufficient exports. The
Government had entirely ignored the principle that, in order
to prevent this country being impoverished by war, and in
order to keep the balance of exchange in favour of this
country, it was necessary to protect and further, as far as
possible, the exports of this country. If we were going to
cut off the supply of coal for any purpose, we were going to
leave a large vacuum which would have to be filled up by
other means, and it would not only be a disadvantage to us
in the matter of exchange, but of great disadvantage to
countries entirely outside Germany which required British
coal to carry on the trade. He was speaking of electrical
concerns—iron concerns—which dealt all over the world. -

In the House of Commons on June 17, Mr. Ginnell asked
the President of the Board of Trade if he would say what
was the average price paid for coal in Great Britain by
, Italian purchasers in May, June, and July 1914, and what
price was being paid now by Italian purchasers. Mr.
Runciman said the declared value of coal exported to Italy
in May, June, and July 1914 averaged 14s. Id. per ton. In
the first half of the present month it was about 18s. 9d. A
direct limitation of the price of coal exported to Italy would
raise very difficult questions, and he was not prepared to
promise any action in "the matter at present. Sir A. Markham
asked the President of the Board of Trade whether, seeing
that the official proposals relating to the fixing of maxima
prices of large house coal would apply to less than 8. per
cent, of the total output of this country, he was aware that
the coal owners, during the long time he had been negoti-
ating with them, had now practically completed all their
house coal contracts for the ensuing 12 months; whether his
proposals, even if effective and agreed to by every coal
owner, would now apply to less than 3 per cent, of the
total output. Mr. Bunciman said he hoped that any
arrangement he might be able, to make would not be limited
in any of the ways suggested. If an arrangement was not
reached very shortly, more drastic steps might have to be
taken. Sir A. Markham then asked if the President was
aware that the price of Welsh, coal was 35s. per ton, as
against 17s. to 18s. during last year, and small Welsh coal
22s. per ton, as against 5s. to 8s. during last year; and
whether he would take immediate steps to regulate the price
of coal at the pit head. Mr. Bunciman said it would be
difficult to restrain prices of coal in accordance with the
destination of each shipment, and he was not prepared to
undertake such a regulation of prices on this basis. Any
representation from the Italian Government would be
received with respect. Mr. Duncan Millar asked the
President of the Board of Trade what steps he was taking to
secure the restriction of the price of coal to home consumers
in Scotland; whether he had yet been in direct communica-
tion with the •. Scottish coal owners on the subject; and
whether any agreement had been arrived at. Mr.
Bunciman said he had not yet been in direct and separate
communication with the Scottish coal owners, but hoped
ultimately to be able to make satisfactory arrangements
in 'all districts.

At a recent meeting of the London County Council, pro-
mise was made that consideration would be given to a
suggestion that the municipality should buy coal in the
summer, when it was1 at its cheapest, and store it, for sale
at cost price to the poor during the winter. At the meeting
of the Council on Tuesday, Mr. Leon enquired if any steps
had been taken to organise a coal supply for the poor. Mr.
Hunter replied that negotiations were now proceeding with
the Board of Trade on the matter, but that the matter was
not at the moment ripe for a report. When the negotia-
tions were completed, a report would be presented to the
Council.

Recently the Stepney Council decided to advertise for
about 10,000 tons of coal for use during the year, princi-
pally for the electricity undertaking. Now the Electricity
Committee reports that the prices quoted are so high that
it cannot recommend the acceptance of any of the tenders.
Lately coal has been bought in the open market, and the
Committee proposes that this practice should be continued,
and that the Committee of the Council should be authorised
to ^accept lots of coal and coke. The Committee adds : “ In
support of this conclusion, there are two very important con-
siderations to be borne in mind by the Council, the first of
which is that the present prices quoted in response to adver-
tisement are not so advantageous as those at which the
Council has been able to purchase in the open market,
whereas spot lots of coal are being frequently purchased at
lower prices than those now quoted. A second considera-
tion is the possibility of the Government taking such action
as will conduce to reduce the price of coal to reasonable
limits, and, in this respect, conferences of local authorities are
now being held. We do not think it would be in the interest
of the Council’s present practice of purchasing in the open
market to disclose the results of the tendering, but we can
assure the Council that, not only are the prices quoted very
high, but that the restrictions asked for by some of the

persons tendering are so stringent as to render the entering
into of such cases of a contract or contracts practically
mugatory.”

At the meeting of the City Corporation on Thursday, an
invitation was received to be represented at a conference
convened by the Hackney Borough Council, to discuss
matters relating to the high price of coal. Mr. Deputy
Morton, M.P., said all were agreed that prices were unduly
high, and he accordingly proposed that the Corporation
should send delegates to the conference. This was unani-
mously agreed to.

Senor Dato, the Spanish Premier, has declared that the
situation caused by the scarcity of coal has been completely
alleviated. With regard to the needs of the Navy, the
Government had been able to purchase 100,000 tons in
England.

During the month of May all records at Hampton Beads
for heavy dumpings were broken, 1,307,747 tons being
moved. Of this quantity, the Norfolk and Western dumped
716,002 tons, the Chesapeake and Ohio 372,472 tons, and the
‘Virginian 219,273 tons. Of the total movement, over
440,000 tons went foreign, Italy being the heaviest buyer.
From Baltimore the Consolidation Coal Company shipped
nearly 100,000 tons, and from the port 232,866 tons were
sent abroad, Italy taking 89,105 tons, and Argentina
80,590 tons. Current freights are 10-80 dels. Italy (west
coast), and 8-28 dols. Biver Plate.

At the annual meeting of the Incorporated Municipal
Electrical Association, held last week, the council, in its
annual report, stated that at a joint meeting of representa-
tives of the British Electric and Allied Manufacturers’
Association and the British Engineers’ Association, called
to consider the question of the protection of British indus-
tries, a proposal was adopted for the formation of a Govern-
ment Department, to be entitled the Board of Industry. It-
was decided to invite the Incorporated Municipal Electrical
Association to appoint a representative on the joint com-
mittee, one. of the main objects being to secure the principle
that public money should be expended only on British
manufactures.

Dr. Robert Thomas, Moore, Glasgow, presiding at the
34th ordinary general meeting of shareholders of the Niddrie
and Benhar Coal Company Limited, at Edinburgh, said
much had been heard about the coal famine and the war
prices. Officials of public bodies, and gas works, and others
had hung about Government offices, pleading with them to
take action, and reduce prices of coal. This action had
been somewhat one-sided’; for, curiously enough, they still
asked the coal companies to deliver their low-priced con-
tracts, and did not think of offering them a war bonus to
cover extra, costs. The shareholders would see how little
this talk had been justified as far as the Lothian’s was con-
cerned, when he told them that the average price per ton
of coal received by the Niddrie Coal Company last year
had been less than during the preceding year. They were
exhorted, on the one hand, to increase their exports, so as to
increase the indebtedness of foreign countries to Britain,
and, on the other hand, they had a Government Department
preventing them from sending abroad the main thing which
they had to export—coal. If plenty of coal were put out,
prices would regulate themselves. The only way the
Government could usefullv intervene was by convincing
trade unions that it would be patriotic to remove their
restriction to labour in war time. If the miners worked full
time, the output would be increased by 20 per cent. It
would be still further increased if the Eight Hours Act were
suspended.

The new Customs (Exportation Restriction) Bill seeks to
enact that the power by Proclamation to prohibit the expor-
tation of articles to any country or place named in the
Proclamation shall, during the continuance of the present
war, include the power to prohibit the exportation of any
article to any such country or place unless consigned to such
person or persons as may be authorised by, or under, the
Proclamation to receive such article; further, if any article
to which anv such Proclamation applies is delivered to any
consignee other than an authorised consignee, the vessel in
which it was exported shall be deemed to have been used
in the conveyance of prohibited goods. The measure lays
it down that the penalty to which the exporter, or his agent,
or the/shipper, of any goods exported in contravention of the
provisions shall, during the continuance of the present war,
be increased from £100 to £500, provided that the court
may, if it thinks fit, in lieu of ordering the offender to pay
such penalty, order that'he be imprisoned, with or without
hard labour, for a term not exceeding two vears.

A meeting of members of the House of Commons was held
on Tuesday, in continuance of the meetings which have
recently considered the price of coal. There were between
70 and 80 members present, and Lord Claud Hamilton pre-
sided. Two resolutions had been circulated beforehand and
considered, and the meeting passed them in an amended
form. The first was :—“ That during the continuance of
. the war the maximum price of coal at the pit head, for home
consumption 'and our Allies, be fixed on the basis of the
prices charged at the pit head for substantial quantities of
each class’of coal sold during the 12 months preceding the
war, with an addition of 4s. 3d. per ton, or such other
sum as may be prescribed to cover the increased costs owing
to the existence of the war.” The second resolution, which
was carried unanimously, was as follows :—“ That the rate
of freight for coasting steamers employed in the coal trade
be fixed on the basis of the rate charged for freight during
the 12 months preceding the war, with an addition of such
sum as will reasonably cover the increased cost owing to
the existence of the war. and that the Government be urged
to assign a further number of the interned steamers for the
use of the coal trade.” A third resolution was then passed
by a small majority :—“ That the Government be requested .
to regulate the price charged by the merchant to the con-
sumer.” Those who stronglv dissented from this resolu-
tion hold that competition will, secure the public interests
when once it is known what prices are paid at the pit head.
There is a strong feeling that the Government ought publicly
to placard the prices which may fairly, and in accordance
with market rates, be charged, not onlv for coal, but also for
meat and bread ; and Mr. Neville will question the Board
of Trade as to the feasibility of adopting such a plan.

Speaking at the annual meeting of the Shell Transport
‘‘and Trading Company on Tuesday, Sir Marcus Samuel said
the terrible period through which we were now passing had
conclusively proved the incalculable value of petroleum. It
was inconceivable that after the war the Navy would ever
revert to the use of coal, for, apart from'all the other advan-
tages of the use of liquid fuel, the savins- of life which was
effected by the elimination of stokers was of such over-
whelming importance that the nation would not tolerate the
unnecessary risk of life which must attach to any coal

burning man-of-war carrying its full complement of stokers.
The scarcity of stokers, the enormous increase in their wages,
and the very large number of men who were now being
educated in the use of oil, combine to render its employment
in the future much larger than it had been in-the past. The
internal combustion engine, still in its infancy, would go
far to relieve the universal trouble now being caused by the
vast diminution in the output of coal, and this .company
would be in a position to meet this demand in every part of
the globe. Supplies of petroleum throughout the world pro-
mised to be ample for requirements, so that no fears need
be felt on that score.

After a hearing lasting five days, the charge of trading
with the enemy against Bobert Hetherington and Henry
Arnold Wilson, members of the firm of William Jacks- and
Company, iron merchants, Glasgow, was concluded before
Lord Strathclyde and a jury in the Court of Justiciary at
Edinburgh on the 18th inst. The allegation was that the
accused were instrumental in supplying part of a cargo of
iron ore to Krupps and other German firms. The goods
were at Rotterdam after the outbreak of war, and the
accused directed delivery to Germany as agents for the
shippers in consideration of getting payments for former
deliveries. The accused were found guilty, and the judge
sentenced the prisoners to six months’ imprisonment each,
a fine of £2,000 each, and an additional six months’ imprison-
ment each in default of payment. The judge, in summing up,
said that -after the outbreak of war it became criminal for
any person to supply goods to the enemy. Nothing was
said about payment, and that court had nothing to do with
payment or conditions. Nothing short of a Royal licence
entitled a man resident and carrying on business in this
country to supply or attempt to supply goods to persons in
Germany. It was of no moment in this case whether the
goods which were supplied belonged to the Nova Scotia Com-
pany, or Jacks and Company, or Van Udens; the question
the jury had to -consider was whether the 'accused supplied
them to the enemy. It signified nothing that there were
payments in advance if they found that the accused supplied
the goods. There was one direction which Jacks could give
which could be a crime, and that was giving directions to
deliver ore to these three German firms. Reviewing the
evidence, his lordship said his belief was that no portion
of the cargo could have found its way into German hands
had it not been for the joint action of Van Udens and Jacks
and Company. The jury found the accused guilty on the
five counts of the indictments by a majority, but in view of
the unprecedented circumstances of this particular case,
unanimously submitted to the court that the utmost possible
leniency be exercised in favour of the accused.

LAW INTELLIGENCE.

HIGH COURT OF JUSTICE.

CHANCERY DIVISION.—June 18.

Before Mr. Justice Eve.

A Patent Coal Conveyor.

Diamond Coal Cutter Company Limited v. The Mining
Appliances Company Limited.—This was a motion by the
plaintiffs in the case of the Diamond Goal Cutter Company,
of Stennard Works, Wakefield, v. the Mining Appliances
Company, of Church-street, Sheffield, to restrain (under the
Patents Act) alleged threats in a circular letter by the Mining
Appliances Company to take legal proceedings for infringe-
ment of a patent coal conveyor.

Introducing the motion, Mr. Walter said the Mining
Appliances Company was the business title of a gentleman
named Mr. Ernest Ridgill, and, apparently, as far back as
September 7, 1914, he issued a circular letter, of which a
copy was sent to the New Moss Colliery Company, of Man-
chester. It was worded as follows :—

Dear Sirs,—Owing to information we have received, we
feel it necessary, in order to protect our own interests, to
write you respecting our coal conveyor patent rights. As
you are probably aware, we, last year, purchased at a high
price from Mr. Eickhoff (the patentee) the exclusive rights
in this country of sale and manufacture of his valuable
coal conveyor, single-stroke compressed air-driven motor,
and mechanical driving gear for electric power. We have
reasons to believe that attempts are being made, especially
since the outbreak of war with Germany, to infringe the
patent rights we have acquired, and we feel it our duty to
ask you to exercise caution if you are approached by any
firm offering conveyors or motors similar to ours. We
need hardly say that, under the special powers given to
us by our licence, we shall prosecute without hesitation
all offenders, but we hope such a course'may not be neces-
sary. We are now supplying all the patented goods of
British manufacture and material, and can give delivery
from stock at short notice. — We beg to remain, yours
truly, Mining Appliances Company, E. Ridgill.

Mr. Walter went on to say that the plaintiffs were dealing
in a somewhat similar article, and they wrote asking that
the issue of the circulars should be discontinued. For some
time they heard no more of the circulars, but recently it had
come to their notice that they were again being issued.

In an affidavit, Mr. Ernest Ridgill stated that he pur-
chased from Alfred Eickhoff, a German, under an exclusive
licence, the manufacturing and selling rights of Eickhoff’s
patents in January 1914, and agreed to pay £7,500 for them,
in addition to £8,000 for the goodwill, stock-in-trade, and
book terms on which he (Mr. Ridgill) was purchasing the
manufacturing and selling rights of such patents, and he
was negotiating m November and December of the year
1913 for the purchase of one-half share in the business of
making and selling such patented machinery. These negoti-
ations ultimately fell through, but (said Mr. Bidgill) during
such negotiations the plaintiffs became aware of the details
of the construction of such machinery. “I do not,” added
Mr. Ridgill, in his affidavit, “ nor have I ever claimed to
be the patentee of the inventions referred to, and have always
specifically stated that my rights are those of an exclusive
licence, and not otherwise.”

Mr. Courtenay Terrell said Mr. Ridgill’s case was that he
had never held himself out to be anything but the exclusive
licensee. He was not the patentee, but his licence stipulated
that, if, after reasonable notice of infringement, the patentee
did not take proceedings, he (Mr. Ridgill) could do so. The-
section of the Act relied on by the plaintiffs, proceeded Mr.
Terrell, did not say “ anybody threatening proceedings shall
be liable,” but “ anybody claiming to be patentee.” There
was no allegation or suggestion of bad faith whatever against
Mr. Ridgill.

Mr. Terrell quoted several authorities in support of his
proposition, and eventually his lordship adjourned the motion
for a week.