May 9, 1913.

THE COLLIERY GUARDIAN.

973

He was afraid that the answer was that the Government
contract had been obtained to the knowledge of the
plaintiffs by bribery, and they relied on similar means
of getting their deliveries through. The defendants
said that the certificate was dictated to them by the
plaintiffs; if true, this did not excuse their giving an
untrue certificate to deceive foreign purchasers. There
remained the question whether the cargo as supplied was
in accordance with the contract and “merchantable gas
coal?’ This was rather a vague phrase, said his lordship,
but it appeared commercially to describe a coal whose
multiple of the gas produced per hour by the illuminating
power tested in a number two burner reaches a certain not
very well defined figure; while the coke from it is of a fair
quality, and can be used to heat the retorts in which the
gas had been produced, leaving a margin of coke for sale.
He found that Wigan Five-foot was at the time of the
contract a gas coal, though a low second-grade one. He
thought it would not have been one before 1906, but it
became one with the lowering of the illuminating power.
If the Wigan Five-foot was not “ Norley gas coal,” he found
it to be “ or equal coal,” that is equal to Arley. This Norley
coal was within the contract. The Abram slack was from the
Orrell seam, and not gas coal or equal to Arley or Norley.
Therefore, that roughly 700 tons, or one-sixth of the cargo,
was not in accordance with the contract. Mr. Leslie Scott,
for the defendants, argued that this inferiority was compen-
sated for by the fact that 2,860 tons of large coal were
shipped instead of 2,100 tons, as the contract required. If
it were a question of rejection, his lordship thought this
argument would be unsound. The coal was to be taken
consecutively, and he did not think the buyer could be called
upon to mix up coal superior and inferior so as to obtain a
result equal to his contract. He was of opinion, therefore,
that the defendants broke their contract. But the purchaser
who resold on different terms from those on which he
bought, or at a price higher than the market price, was not
allowed by English law to recover against the seller
the damages caused by his failure to perform his sub-
contract unless they were proved to be in the contemplation
of the parties at the time of making the contract. In this
case he had found that the defendants did not know any-
thing of the terms of the sub-contract, and had no reason
to investigate if their buyer would resell a cargo of half
smalls with the guaranteed analysis of large coal. He did
not see how plaintiffs could claim an equivalent amount of
the loss which resulted not from the defendants* breach of
contract, but from the defendants* breach of a “ distinct
and separate collateral contract.** In his view, the proper
measure of damages was the difference in the mercantile
value at Constantinople at the time of the ship*s arrival of
the cargo which should be delivered, and in considering
this, as the plaintiffs had taken the cargo, the defendants
might take credit for the superiority of parts of the cargo
as against the inferiority of other parts of the cargo. His
present impression was that the superiority outweighed the
inferiority, and that the damages were, therefore, nominal.

Judgment was given according to the above decision, the
question.of costs standing over.

Subsequently his lordship made an order entering judg-
ment for plaintiffs for 40s. damages with costs attributable
to the action, in which plaintiffs alleged only a breach of
contract in respect of matters in which it had been found
the cargo was not according to contract, except so far as the
costs of discovery, which would not be allowed. Defendant
should have the costs on the other issues.

INDIAN AND COLONIAL NOTES.

India.

A meeting of the Indian Mining Association was held on
March 12, 1913, at which letters were read from members in
connection with the question of the insufficiency of wagon
supply. The committee were agreed that the collieries
generally were experiencing great difficulty in obtaining
wagons, but it was felt to be impossible to take action in
individual cases. It was stated that the system of special
supplies had been discontinued, owing to the numerous
requests for such supplies from the mills. The question of
a basis of wagon allotment according to raisings was
discussed, as well as the rake system which has been
instituted for the purpose of dealing with shipment coal.
In this connection it may be mentioned that revised rules
as to the registration of goods and distribution of wagons at
stations have been issued by the Eastern Bengal State
Railway.

Africa,

Natal Coal Traffic.—Our correspondent writes: A ques-
tion just now largely discussed in Natal is the great need
that exists for better railway accommodation not only
between the port at Durban and the markets of the interior,
but also between the shipping port and the coalfields. At
the present time the bulk of the railway traffic—in extent
about two-thirds—is really provided by the collieries, so
that it is claimed to their pressing requirements the first
thought ought really to be given. Moreover, the whole of

the railway traffic in Natal is steadily increasing, and is
expected to increase more rapidly in the future. This fact,
however, has been already recognised by the railway hauliers demanding that coal hewers should show their

administration, who at the present time are busily engaged
in improving the line north of Maritzburg. It has also
been decided to spend a considerable sum in improving
the line between Maritzburg and Durban, of which
over a million sterling still remains»to be spent. Over
10 years ago the incapacity of the existing railway to
satisfactorily deal with the prospective growth of the Natal
coal traffic was recognised, and it was suggested to build an
alternate line of railway between the port and the coalfields,
so as to relieve the threatened congestion of traffic and
facilitate the expansion of the coal trade. It was estimated
that this alternate line would shorten the distance between
the coalfields and the port to the tune of over 30 miles*
would not only in consequence reduce the railway rate for
the carriage of coal, but at the same time would reduce the
cost of working at least £50,000 per year, as compared with
those of the existing line. At the present time the reduc-
tion of railway rates on the carriage of coal, even to such
an extent as 8d. per ton, would be of some assistance to the
collieries in the cultivation of an export trade in coal on which
the future expansion of the Natal coal trade so much depends.
Although the improvement of the existing line to the coal-
fields as suggested would make the coal traffic easier to
work and less cumbersome to the railway, it would be to
the advantage of the collieries to a far greater extent to
have the alternate line of railway built, and to ascertain
the cost and practicability of same, the Government have
promised to make the necessary survey. The completion of
the present railway programme of improvements on the
existing line of railway is estimated to cost £1,060,657, and
to double the line an additional outlay of £1,927,495, or a
total of close upon three millions sterling. The cost of
building a double alternate line of railway from Durban to
Waschbank near the coalfields was in 1902 estimated at
41 millions, and considering that a double alternate line
would practically give all the accommodation wanted for
coal and through traffic—not to mention the advantage of
a lower railway rate—the proposed construction of the
alternate line of railway is in great favour, particularly
with those interested in the coal trade. However, the
Government are not displaying much willingness to comply
with the demand for the new alternate line of railway,
despite its many recognised advantages over the existing
line, even when the full programme of improvements is
completed.

Canada.

A Victoria (B.C.) cablegram states that the United
Mine workers of America have given orders for a strike in
all the Vancouver Island collieries, alleging a combination
on the part of the other owners supporting the Canadian
Collieries Limited in the Cumberland and Ladysmith strike,
which has lasted seven months. The order withdraws
1,500 men from the Nanaimo mines and 1,000 from the
Wellington and Jinglepot mines.

NOTES FROM SOUTH WALES.

[from our own correspondent.]

Swansea’s New Coal Exchange—The Stoppages
Against Non-unionists—May Day Spe ches on
Federation Funds—Future Increase of Demands
Indicated — Enginemen and Stokers to Join
Federation — Judgment that Rescue Station
Instructor is Entitled to Compensation—Mr. D.
Davies, M.F., Offers Ambulance Shield—Coal
Trimmers and Non-unionists—Fifty-two Years’

Colliery Service—Coal Traders and Cardiff Com-
pany, the Proposed Heavy Increase in Charges.

As has been previously stated in this column,
Swansea is to have a properly-equipped Coal Exchange,
and on Saturday Sir Alfred Mond, Bart., M.P. for the
borough, laid the foundation stone of a building which
is to cost £24,000. The site is an admirable one, right
in the centre of the business quarter; and the move-
ment for providing a permanent building has been
energetically pushed forward by a committee of which
Mr. A. G. Moffatt is hon. secretary. Sir Alfred, in his
speech last Saturday, expressed himself quite confident
that the trade of Swansea was bound to develop largely;
and said that whilst there might be temporary setbacks,
they looked forward confidently to development. They
must not look at temporary incidents, but must ask—
“ What had been the increase in the industry over a
number of years ? ”

In pursuance of their decision not work with non-
unionists, about 52,000 men were idle in the South Wales
coalfield on Saturday. But as a result of energetic
effort, 20,000 of these decided to return to work on
Monday. In some instances hundreds of men stopped
for the sake of a very few non-unionists. In one pit, ’
800 because of 15 non-unionists; in another 1,500
because of 30; in a third 1,400 because of 10; and one
Monmouthshire colliery employing 2,000 men was idle
because of four who had not paid up.

A complication was introduced at one colliery by the

Federation tickets. Two of the latter refused, and the
hauliers stopped their trams. Upon the under-manager
calling upon the haulier to give the colliers clearance,
he left the pit, taking all the other hauliers with him,
rendering the colliery idle.

Another feature was that the landladies in one
district declared they would turn out the lodgers who
were not Federationists, unless they paid up then* union
subscription.

On Tuesday the number idle had been reduced to
15,000 men—chiefly in the Rhondda, Merthyr and
Aberdare districts—and succeeding days have witnessed
further deductions.

The shortage of supplies has deranged business,
putting up prices, of course; and it is not improbable
that exceptional rates will be maintained for some time.
Whitsun holiday, followed by the usual summer slack-
ness in output, foreshadow a continued depletion of the
quantities on the market.

The colliers’ meetings on May Day are worth notice
because of their indication of future policy and also of
the argument which the men’s leaders put forward as
to the service which the Federation had rendered the
miners.

The president, Mr. Brace, described the South
Wales Coalowners’ Association as the most powerful
combination of capital to be seen in the world, and said
that if a man thought he could bargain individually, he
had to be saved from himself. Non-unionists not only
committed industrial suicide, but they industrially
murdered other people. If it were right for the workers
to pay to the old sliding-scale, it could not be wrong for
them to be expected to join the Federation.

Mr. Onions, the treasurer, stated that since the
Federation had come into existence the men had received
£5,000,000 more in wages than they would have received
but for the organisation.

Mr. T. Richards, M.P., the secretary, went further
into detail, and stated that any man who said that
money had been misspent had told an untruth. The
central union had received from all sources since the
formation of the Federation 14 years ago £900,000, and
of this £565,000 had gone back in strike pay. Nearly
£36,000 had gone in litigation ; £58,000 in damages at
the stop-day action ; £62,000 to the Miners’ Federation
of Great Britain ; £39,600 in supporting old workmen
stopped by the employers who were afraid of the Com-
pensation Act; £22,000 to the Parliamentary Levies
Fund ; and £13,000 had been paid for local representa-
tives on boards of guardians, district councils, &c.

Mr. Hartshorn’s speech dealt with the future rather
than the past, for he indicated a contest to establish six
turns for five on the afternoon and night shifts all
round, and the abolition of the bonus system, the bonus

turn to be divided over the five nights, making a turn-
and a-fifth for each night. There must, he said, also
be an amendment to the Minimum Wage Act, and a
sixpence or a shilling put upon the rate for each grade.
A proposed schedule of rates for future development
had been drawn up, and, if the workmen approved there
would be no further development except upon that wage
basis. The coalowners might put their money into
sinking shafts, but the moment they reached the coal
they would not be allowed to work it unless they paid
the rates of the Federation. The invested capital of the
owners would be held up until they paid the new rates.

The Rhondda workmen passed a resolution to have
“ show cards ” every two months. Mr. Watts Morgan
said that on account of the advance secured last July
the men were getting an extra £16,500 a week in wages,
and the employers had been made to pay by the
Federation £825,000 more in wages than they would
otherwise have done. The men were seeking another 2 J
per cent, increase, and that would increase the wage bill
by £126,000 per annum.

The colliery enginemen, stokers, and craftsmen of
Swansea district met in Swansea to consider proposals
for amalgamation with the Miners’ Federation. General
assent was given to the principle of one organisation for
all workmen employed in and about the collieries, and

representatives were appointed to confer with the
miners’ council in order to draft a scheme of amal-
gamation.