May 25, 1917.

THE COLLIERY GUARDIAN.

991

THE CERfflM AND AUSTRIAN COAL
AND IRON TRADES.

We give below further extracts from German
periodicals that have reached us, showing the course of
the coni and iron trades in Germany :—

increase of Coal Prices in Germany.

The new settling prices issued by the Coal Syndicate,
to take effect from the 1st inst., show an increase of
2 mk. per ton for coal, 2’50 mk. for coke and 3 mk. for
briquettes. In the case of coke breeze, however, the
increase is only 2 mk. per ton.

The Ruhr Coal Market.

During the month of April the difficulties in main-
taining the fuel supply attained a maximum, mainly on
account of the reduced output per man and shift, and
the increased demand from consumers previously served,
by other coal fields. The official requisitionings for
military purposes were very pressing, as were also
the needs of large consumers, the cold weather also
bringing a heightened demand for domestic fuel. The
measures taken by the State railways to supply a large
number of wagons daily, for delivery to the Ruhr
harbours, were only partially successful, owing to the
delays in loading at the harbours, thus putting a further
burden on the railways. In respect of coke, the iron
works have an abundant supply, and there has latterly
been an increase in the quantity available for other
purposes, though, owing to the good sale of large coke,
the breakers have not been running full time, and,
consequently, consumers who require broken coke have
had to take large and break it themselves with consider-
able trouble. The use of coal for steam raising now
presents no difficulties, but the makers of the necessary
grate attachments cannot meet the demand. The
problem of the rational utilisation of fuel is becoming
more and more important, especially in view of the
approaching 20 per cent, tax on coal, and the increased
railway rates and coal prices.

The Kohlenkontor Annual Report.

In the year 1915-16, the Kohlenkontor handled
14,770,560 tons of fuel, and returned to the mem-
bers a total sum of 10,708,656 mk., being 0'65 mk.
per ton (9,600,864mk.), together with 5 per cent,
interest (1,107,792 mk.). The chief members, and
their participation, are the following:— The Coal
Syndicate, 2,290,880 tons; Mathias Stinnes, 2,270,720
tons; Raab, Karcher and Company, 1,828,480 tons;
Hugo Stinnes, 1,099,200 tons; Harpen Company,
1,050,880 tons ; and Franz Hanieland Company, 1,046,080
tons. Three other firms had a participation of between
400,000 and 450,000 tons, and four between 300,000 and
400,000 tons each.

The Goal and Iron Market in Upper Silesia.

The enquiry for coals in April was extremely active,
and impossible to satisfy, in spite of a good supply of
wagons and an increased output, consumers having run
quite out of stocks during the period of wagon shortage.
Towards the end of the month, however, the increased
facilities helped to ameliorate the situation, the pits
having large quantities in store. Gas coal has also
been in great demand, contrary to expectation in view
of the longer days, the gasworks being anxious to
secure supplies for the future, irrespective of the needs
of the cokeries, which are imperative in view of army
requirements in fuel and by-products. In the iron
market, there have been abundant supplies of iron ore
for the blast furnaces, and both ores and slags have
been fetching good prices. Owing to the needs of
munition works, these have to he given the preference
in pig iron, the market for which is very firm and
prospects favourable.

SOUTH WALES illUHC TIMBER TRADE.

Licences to import pitwood have been refused in all
cases, and pitwood importers and colliery proprietors view
with apprehension the situation. Home-grown supplies
are insufficient for the needs of the district, and some time
must elapse before deliveries are speeded up and supplies
increased. The primary idea in curtailing or totally
stopping the import of foreign mining timber is to save
shipping tonnage by the utilisation of home-grown timber.

A deputation of South Wales pitwood importers saw Mr.
Henderson, the Deputy Controller of the Imports Restriction
Department, last week on the subject. Mr. Henderson
promised to communicate with the deputation if there was
any alteration. The deputation pointed out that grave
danger would result from the cutting off of foreign imports.
South Wales depended upon foreign supplies, and the
home-grown timber trade was not sufficiently developed to
adequately deal with the heavy requirements of the
district. The feeling generally prevailed in South Wales
business circles that the authorities have committed a
faux pas, which, unless instantly remedied, will result in a
serious shortage of mining timber, which will compel
several collieries to adopt temporary stoppages.

The weekly pitwood requirements of the South Wales
and Monmouthshire colliery district are approximately
30,000 tons. The Coal Owners’ Pitwood Association have
done excellent work in their endeavour to develop the home-
grown timber trade, but the collieries are still complaining
of slowness of delivery, while the total supplies delivered
are not sufficient to warrant a 50 per cent, reduction in the
foreign imports. The association are making prodigious
efforts to develop the home-grown trade, but felling will
have to be trebled and quadrupled before foreign imports can
be safely dispensed with. It is very questionable whether
this can be accomplished. The association is procuring
motor lorries to speed up deliveries, and they have secured
a Governmental concession with respect to labour, which
can be drawn upon colliery workmen who choose to
volunteer. The labour question is one of great difficulty, and
as far as one can judiciously prophesy, the tendency will be
towards much higher prices. Summing up the position, it
will be impossible for some months to come to rely wholly
upon home-grown timber. Foreign supplies will be
needed to supplement the home-grown article. The belief
is generally entertained amongst pitwood merchants that
the prohibition of foreign imports will lead to a cessation
of wood-cutting in the countries from which South Wales
draws its supplies. This cessation would be followed, if
prolonged for any period, by a dispersal of labour which
would materially affect the trade.

Arrivals of pit wood cargoes at South Wales ports during
the past week were very poor, owing to the Order of
May 15. The bulk of the supplies represent those cargoes
which were on their way to these shores, and therefore
unaffected by the recent Order. This week the imports
have been seriously low, and even if the prohibition is
lifted, much delay and dislocation will have been caused.

For the week ended May 19, the imports of foreign
mining timber were as follow :—

Cardiff (Barry and Penarth)—	Loads.

Lysberg Limited ................... 1,200

Marcesche and Company ............... 550

Lysberg Limited ................... 1,800

„	„	  2,400

Budd and Company .................... 162

„	„	  205	.

Morgan and Cadogan................... 228

Total....................... 6,545

Newport—

T. P. Thomas and Company ...... 1,680

Ebbw Vale Coal Company ........ 1,140

Franklyn Thomas and Company ... 2,160

Total............................. 4,980

No imports were reported at Swansea or Port Talbot.
Very little new business was done, best French fir being
nominally unchanged at 75s. ex ship Cardiff.

LAW IKTELLICEKCE.

HOUSE OF LORDS.—May 18.

Before Lords Loreburn, Shaw, Parker, Sumner, and
Parmoor.

A Newcastle Goal Dispute.

Love and Stewart v. S. Instone and Company Limited.
—Judgment was delivered in an appeal against a judgment
of the Court of Appeal reversing the judgment of Mr.
Justice Bailhache, whereby it was ordered that the appel-
lants should recover from the respondents the sum of
c£3,150 and costs. By the judgment of the Court of Appeal
it was ordered that judgment should be entered for the
respondents. The claim by the appellants was for damages
for breach of an alleged contract for the sale of goods by
the respondents, namely—16,500 tons of Northumberland
steam coal of the range described as D.C.B. (Davidsons
Cowpen and Bothal), to be shipped f.o.b. to Blyth between
February and December 1915, by monthly instalments.
This contract, appellants allege, was made by certain letters
and telegrams passing between the respective agents for
the parties. The defence relied upon by the respondents
was that there was no concluded contract, and that the
parties were never ad idem in respect of material terms of
the bargain.

Lord Parmoor said, in his opinion, the letters and tele-
grams on which the appellants relied did not show that
there was a consensus between the parties to a concluded
contract, and the appeal failed.

The other law lords concurred, and the appeal was dis-
missed accordingly.

SUPREME COURT OF JUDICATURE.

COURT OF APPEAL.—May 22.

Before the Master of the Rolls, Lord Justice Bankes,
and Lord Justice Warrington.

Goke Oven Patents.

King v. Board of Trade.—The court heard an appeal by
Albert Victor Deny, who before the war carried on busi-
ness in Sheffield with two other persons in connection with
Koppers coke oven patents covering “ processes and appar-
atus for the recovery of by-products from gases arising out
of the carbonisation of coal.” In consequence of Messrs.
Simon-Carves Limited, of Manchester, having applied for
licence to use patents No. 20870/04 and No. 16386/05, the
appellant raised the question of the jurisdiction of the
Patents Court to deal with the matter.

Mr. Hy. Terrell, K.C., for the appellant, said that his
client was a natural born British subject, though his father
was German. The appellant and a German, named Al ten -
heim, entered into partnership as consulting engineers at
Sheffield, and later they -jointly entered into partnership
with Heinrich Koppers, an alien enemy, who manufactured
coke ovens and by-product plant in Germany, and had
made certain inventions in connection therewith. On the
outbreak of war the partnership was dissolved, and Alten-
heim was interned. When Messrs. Simon-Carves sought
licences to use the patents, Mr. Derry applied to the Court
of King’s Bench for a prohibition, and, failing in that,
applied to Mr. Justice Younger for an order vesting the
patents in the custodian. The learned judge, however,
came to the conclusion that the Board of Trade ought to
decide this question, and refused to make the order.
Counsel submitted that the judge was wrong, and asked
the court to make a vesting order.

Without calling on the respondents, the court dismissed
the appeal, the Master of the Rolls saying the documents
before the court did not satisfy him that there was any
interest in the patents in question in the partnership.

The lords justices concurred.

At the hearing in the Patents Court on May 17, Mr.
Terrell maintained that if the Board of Trade granted this
application, in spite of the opposition, and issued Messrs.
Simon-Carves a licence, it would be open to the partners,
or any of them, to commence an action in Chancery to have
it declared that the order was invalid, and to restrain these
licencees from proceeding under their licence. The Con-
troller closed the hearing, and ordered the proceedings
before the Patents Court to stand adjourned to June 14.

The chief offices of the Lancashire Explosives Company
Limited have been transferred from 3, Old Millgate, to
2, Mosley-street, Manchester.

The address of the Wolf Safety Lamp Company (Wm.
Maurice) Limited, formerly Boston-street, is now Young-
street, Sheffield.

Mr. L. C. Parkin, agent and general manager of the Old
Silkstone Collieries Limited, has been appointed on the
central board for the examination for colliery managers’
and under-managers’ certificates.

The Swedish Government has prohibited the export of
benzol oils, carbolic acid, cresol, naphthalene, creosote
oil, carbolineum, and other similar products of coal tar
distillation.

Mr. Thos. Mackendrick has been appointed a director of
Messrs. Scott Brothers Limited, iron merchants and coal
and chemical exporters. For many years Mr. Mackendrick
has been the manager of the Middlesbrough branch.

RETIREMENT PLAN FOR MINE
EMPLOYEES*

The president of the Colorado Fuel and Iron Com-
pany has just made public a plan by which the com-
pany will retire those who have been in its employ for
stated periods of time. The administration of the plan
is to be placed in charge of a Service Retirement
Board, consisting of five officials of the company,
appointed by the president and approved by the board
of directors. The board shall elect a chairman and a
secretary from among its membership. A majority of
the board shall constitute a quorum for all purposes.

Eligibility.—All employees and officials, except the
president, who have given their entire time to the ser-
vice of the company, including its subsidiaries, are
eligible for service retirement payments under the
following conditions : —

Compulsory Retirement.—All men who have reached
the age of 65 years, and women 55 years, and who have
been 20 years or longer in the service, shall be retired,
unless, in individual cases, in the discretion of the
retirement board and the board of directors, some later
date be fixed for such retirement.

Retirement at Request of Employee or in Discretion
of Board.—Any man who has reached the age of 60
years, or any woman 50 years, who has been 30 years
or longer in the service, may be retired, either at his
or her request, with the approval of the board and of
the president, or without the request of the employee
in the discretion of the board and with the approval of
the president.

Retirement in Discretion of Boa,rd. — (a) Any
employee who has been 15 years or longer in the ser-
vice, and who, by physical examination, is shown to be
permanently totally incapacitated for any service,
may, in the discretion of the board and with the
approval of the president, be granted a special allow-
ance. (5) Any employee whose retirement on account
of advancing years is, in the judgment of the board,
advisable, and who has been at least 20 years in the
service, may, in the discretion of the board and with
the approval of the president, be retired and granted
a regular or special allowance.

Amount of Payments.—The monthly payments for
regular allowances which the board may authorise
under this plan shall be 30 per cent, of the average pay
per month of service during the 10 years next preced-
ing retirement; but no regular allowance shall be less
than 20 dols. per month. For example, a retired
employee whose pay during the 10 years next preced-
ing; his retirement has averaged 80 dols. per month,
will receive 30 per cent, of 80 dots., or 24 dols. per
month. The amount and duration of each special
allowance shall be determined by the board.

Service : ELow Reckoned.—The term of service shall
be reckoned from the date of beginning either with
the company or with any one of the various companies
and properties that now compose it. Credit shall be
given for the time the employee is actually on the pay
roll and in active service.

Payments.—Section 1: Payments shall be made
through the regular disbursing office at the close of
each month, and unless otherwise provided shall ter-
minate with the death of the retired employee.—Sec-
tion 2: In the discretion of the board, these payments
may be continued to widows and orphans for a limited
period.—Section 3: In order that employees retired
under this plan may continue the personal enjoyment
of the benefits granted them, no assignment of amounts
authorised will be permitted or recognised under any
circumstances. As these allowances are purely volun-
tary, they shall not be liable, before payment, to claims
of creditors, or to any attachment or execution for
debts of the beneficiaries.

General Regulations. — Section 1: No one retired
under this plan shall be barred from engaging in any
business not prejudicial to the interests of this com-
pany, or of any subsidiary company, but he cannot
re-enter the service.—Section 2: Allowances may be
withheld, suspended, or terminated by the board in
cases of misconduct, violation of law or of these rules,
or for other causes sufficient, in the judgment of the
board, to warrant such action, or, in the discretion of
the board, may be paid to some other member of the
family.—Section 3: This service retirement plan is a
purely voluntary provision for the benefit of employees
retired after long and faithful service, and constitutes
no contract, and confers no legal rights upon any
employee.—Section 4: The service retirement plan
does not give to any employee any right to be retained
in the service in addition to that guaranteed in the
industrial representation plan, nor does it deprive any
employee of any right guaranteed to him by the plan.

* Black Diamond.

French Ports: New Formula for Licences.—The Coal
Exports Committee, with the concurrence of the Bureau
des Charbons, propose to discontinue the specification of
ports of discharge in French licences, and to adopt the
following general formula in the case of licences for export
from the west and east coast of the United Kingdom
respectively :—(«) West Coast of United Kingdom : Havre,
or any port or ports in France west of Havre or on the
River Seine. (5) East Coast of United Kingdom : Caen, or
any Channel port or ports in France east of Caen. In
general, licences for export from these districts will, in the
absence of special reasons to be stated in applications, be
in terms of formula (a). Licences for the export of (1)
anthracite and patent fuel from South Wales, (2) foundry
coke, coking coals, and gas coals from the Tyne, will ordi-
narily be drawn as follows : “ Any French Channel or Bay
•port.” Export to Mediterranean ports in France will only
be permitted when specially authorised by the Bureau des
Charbons. Licences for such export will be as follows :—
“Any Mediterranean port in France (including Corsica).”
It will be convenient to all concerned if exporters hence-
forward draw up their applications in terms of the appro-
priate formula (with such modifications as may in special
cases be required).