1046

THE COLLIERY GUARDIAN.

November 19, 1915.

coals when they were re-exported as bunkers, while, at the
same time, they exacted export dues for railborne coals
exported as bunkers. The Lord Ordinary negatived the
defender’s contentions, and gave decree for an agreed sum
of £91 13s. Id. The defender reclaimed. The Division
adhered to the judgment of the Lord Ordinary, with expenses,
holding that bunker coals were not “ ships’ provisions,” and
that in any event the exemption only covered the “ seal and
whale fishing ’ ’; and that there was no case on the record or
in the proof to support the argument that there had actually
been an undue preference, but that, on a construction of the
local Acts, the Harbour Commissioners ought in future to
charge seaborne coals on exportation, the previous exemption
of seaborne coals having no warrant in the statute.

A decision of considerable interest to the coal trade has
been issued by Sheriff Craigie in the Sheriff Court, Glasgow.
The judgment was given in connection with an action for
damages in respect of breach of contract at the instance of
Messrs. R. T. Arthurs and Company, steamship owners,
Glasgow, against Messrs. D. Brown and Company, coal
exporters, Glasgow. Pursuers claimed from defenders
£1,234 4s. 6d., the estimated loss suffered by them through
the fault of defenders failing to supply in terms of a contract.
The Sheriff has found for the pursuers in the full amount sued
for, with interest and expenses. In his note, he said the
terms of sale were contained in six paragraphs, the first four
of which were in these terms :—“ Quantity, five cargoes of
25/3500 tons each in buyers’ option. Quality, one-half
Baird’s Hamilton Ell coal; balance, Russell’s Hallside,
Summerlee, Rosehall, Kenmuirhill, Merry’s, and/or Clyde
Hamilton Ell coal in sellers’ option. Price (Ils. 6d.)
eleven shillings and sixpence per ton (exclusive of Clyde dues)
f.o.b. Glasgow. Payment, less one penny per ton cash in
seven days.” The only question of construction which arose
under the four paragraphs was in reality this, whether, if
pursuers ordered at one time 25/3500 tons of coal specified in
the contract, defenders had a right to insist that they were not
bound to supply that quantity unless pursuers chartered a
vessel which was incapable of carrying, as a cargo, more
than the quantity ordered. For defenders it was maintained
that they were not bound to supply five quantities of 25/3500
tons each, but only five “ cargoes,” and that, for example, if
pursuers ordered, say, 2,500 or 3,500 tons of coal, they were
under obligation to present to defenders a vessel of not greater
carrying capacity than the quantity ordered, and that
defenders' were entitled to refuse to supply the quantity
ordered unless such a vessel was presented to them. It
seemed to the Sheriff that on the construction of the contract
pursuers had a right to demand, and that defenders were
bound to supply five quantities of 25/3500 tons, and that the
argument put forward by defenders was unsound. The duty
of defenders was to put the quantity on board, and as soon
as they did so their liability for the supply and their interest
in the quantity put on board ceased. The Sheriff made
reference to paragraph 6, which dealt with the restrictions or
suspension of deliveries during strikes or for any unforeseen
cause. There was no doubt, he said, that since the beginning
of the war the output of coal from the collieries had been
less by a considerable percentage than it was before that
date; but all the evidence was to the effect that the coal
which defenders agreed to supply to pursuers could be, with-
out difficulty, procured in the open market, no doubt at a
higher price than obtained before the commencement of the
war. That being so, it seemed to him that defenders were
not entitled, on receiving an order, to refuse to supply it
simply because of the higher price then ruling in the market.

Owing to a breakdown in the fan at Messrs. A. G. Moore
and Company’s Blantyre Ferme Colliery, Uddingston, over
500 miners and surface workers were idle for a number of
days last week.

In the Scottish Court of Session on Tuesday, 9th inst., the
First Division pronounced judgment in an appeal by the
Polquhairn Coal Company Limited, Ayr, the defenders in an
action by the Glasgow and South-Western Railway Company,
for payment of £48 4s. 6d. as demurrage on wagons supplied
by the pursuers for the carriage of coal to Irvine and Troon
harbours. The wagons, it was stated, were loaded and
ticketed by the defenders, who instructed the pursuers to
convey them in accordance with the ticketed directions. Under
the pursuers’ regulations, four days’ free time was allowed to
the trader for taking delivery of coal and other minerals, and
the defenders detained the wagons beyond the free time. The
pursuers, therefore, claimed Is. 6d. per wagon per day beyond
the free time. The defence was that the wagons were not
detained at the defenders’ request, or by anyone on their
behalf. The pursuers were employed by the defenders as
common carriers to convey the mineral, and after the wagons
were taken away by the pursuers from the defenders’ sidings,
the defenders had no further control over them. Further, it
was the colliery agent at Troon who paid the charge for con-
veyance to the pursuers, and wagons were not ordered by the
defenders nor loaded on their account. At Ayr Sheriff Court,
Sheriff-Substitute Broun granted decree with expenses, and
on the present appeal Sheriff Lyon Mackenzie adhered. The
Sheriff-Substitute held that the regulation, in so far as it
provided that the person giving the order for the wagons was
primarily responsible for the due loading and discharge of the
wagons,’ was not in excess of the powers conferred on the
pursuers by statute. The Division adhered generally to the
interlocutors brought under review, and allowed additional
expenses.

At -a meeting of the Glasgow Corporation Special Com-
mittee on Coal Prices to Small Consumers, on Monday, a
letter was read from the Board of Trade declining to interfere
further in the fixing of prices, and another letter was read
from the Coal Merchants’Association of Scotland Limited,
stating that they could not adopt the Corporation’s sug-
gestion for a delivery to order system, instead of the present
method of hawking coal. The committee, considering that
the Board of Trade were not prepared to do anything to
further reduce prices, and in view of the refusal of the
merchants to organise a delivery to- order scheme, agreed
unanimously to ask the Corporation to extend the remit to
the committee to consider the advisability of petitioning
the Government to take over the control of the coal supplies
for the period of the war, or, in any event, to continue the
committee to hold a watching brief over local prices. The
opinion was expressed that the existence of the commtitee
had acted as a deterrent against higher prices.

The King has been pleased to grant to Prof. Frank P.
Purvis, of the College of Engineering of the Tokio Imperial
University, the authority to wear the Insignia of the Third
Class of the Order of the Sacred Treasure, which has been
conferred upon the professor by H.M. the Emperor of Japan
in recognition of services rendered.

LETTERS TO THE EDITORS.

The Editors are not responsible either for the statements
made, or the opinions expressed by correspondents.

All communications must be authenticated by the name and
address of the sender, whether for publication or not.
No notice can be taken of anonymous communications.

As replies to questions are only given by way of published
answers to correspondents, and not by letter, stamped
addressed envelopes are not required to be sent.

MECHANICAL VENTILATION UNDERGROUND.

Dear Sirs,—We notice in your issue of November 5
an account of a paper read by Mr. James Keith before
the Institute of Marine Engineers. We have nothing to
remark on the general body of the paper, but we take
exception to a remark which the author makes in the
course of his paper. He states that the London tube
railways cannot by any stretch of imagination be said
to be well ventilated.

Now, we have no hesitation in saying that the tube
railways generally of London are ventilated on a scale
and in a manner which is as near perfection as the
circumstances of the case will allow, and that the result
is to make them, not only pleasant to travel in, but
hygienically perfect.

We have ourselves had careful analyses made of the
air of some of these tubes, and the result has been to
show a marked superiority over the air of the street
above, and with the exception of the one case mentioned,
we have not the slightest doubt that the majority of
the passengers using these tubes would confirm what
we state.

With regard to the underground railways or subways
of Paris and New York, we know, either from personal
experience or from what we have been informed, that
Mr. Keith’s strictures are correct, but we thought it
only fair, in the interests of those responsible for the
engineering portion of the London tube railways, to take
exception to Mr. James Keith’s sweeping remarks.

Ozonair Limited,

Edward L. Joseph (director and general manager).

96, Victoria-street, S.W. November 12, 1915.

THE FREIGHT MARKET.

A good deal of discussion has been evoked by the new
Board of Trade scheme for requisitioning tonnage and pro-
hibiting British ships from carrying cargoes between foreign
ports except under licence, and it would appear that the
conditions of the Order are not very satisfactorw, either to
shipowners or exporters. Shippers are very doubtful indeed
as to whether the regulation will be of any real assistance
in the matter of bringing down the present extortionate
rates of freight, or improving the supply of tonnage. Many
coal exporters affirm that the prohibition of trading between
foreign ports by British vessels will cause neutral shipping
to go to foreign ports for cargoes, thereby balancing the
increase of British tonnage in home waters. Meanwhile,
outward freights are still moving upward. Tonnage
supplies throughout the past week have been seriously dis-
organised by bad weather at sea, with the result that, at
some periods, the markets have been very unsettled. The
great scarcity of vessels has been felt mostly at the Tyne,
where competition for tonnage has sent rates steadily up.
Coasting has been done at from 13s. to 14s. to London, an
advance of from Is. to 2s. on last week’s figures. North
France has Rouen frequently fixed for at recent prices,
but Caen or Treport is from. Is. to Is. 6d. dearer, and
Boulogne from Is. to Is. 9d. up. Only two fixtures are
reported for the Bay, but Bordeaux at 32s. registers an
advance of 2s. Mediterranean tonnage is very difficult to
secure, and hitherto unheard-of rates have been paid for
Italian ports. Genoa, option Porto Vecchio, has been done
at 52s. 6d., an increase of from 3s .6d. to 4s. 6d. on the
week. Information to hand from Genoa, by the way, is to
the effect that there are no fewer than 23 steamers .awaiting
berths at that port. At South Wales, the supply of steamers
is quite inadequate to meet the heavy demand, and here,
too, rates are steadily advancing. There is a strong enquiry
for tonnage for North French ports, and Rouen is fully Is.
up on the week, whilst Havre is 3d. increased, and Honfleur
Is. higher. For the Bay, Nantes has been fixed for at
increases of from | fr. to 21 fr. There is no telling where
rates for the Mediterranean will cease to soar, and further
substantial increases are to be noted this week. Genoa,
with the customary options, has paid 49s. 6d. on guaranteed
demurrage terms, and is fully 2s. 6d. higher than last
week. Malta is worth 44s., and Port Said has been done
at 51s. The River Plate has recovered, and 40s. has been
paid for Rosario for November.

In the homeward market, there is very little doing at
the River Plate, and rates are about stationary on the
basis of 87s. 6d. for prompt boats to United Kingdom. For
oats from Bahia Blanca, 100s. has failed to secure tonnage
for United Kingdom. The States continues strong, and
17s. 6d. for wheat for West Italy is under negotiation. For
the Bristol Channel, 13s. 3d. has been paid for November-
December loading, and 13s. is indicated for January ship-
ment. Coal business is still practically suspended, and
rates are nominal on the basis of 42s. 6d. for the Plate
(lower ports), and 70s. for Greece. The eastern markets
are showing great strength, and signs are not wanting that
further big advances will be paid in the near future.
Australia is unaltered at about 95s. to United Kingdom.
The rate for rice from Saigon is up to 100s., and the
Philippines are worth 140s. to United Kingdom or Mediter-
ranean. India is represented by Calcutta at 97s. 6d. on
d.w., Bombay at 82s. 6d., and Kurrachee at fully 65s.,
whilst for kernels from the Madras coast 100s. is indicated
for Marseilles.

Tyne to Bordeaux, 1,500, 30s.; Boulogne, 2,200, 22s. ;
Caen, 600, 21s.; 750, 21s. 6d.; Cherboug, 1,200, 22s.:
Dunkirk, 250, 27s., coke; 1,600, 21s.: 900, 21s.; Genoa,
2,800, 52s. 6d. ; Havre, 750, 27s., coke; 1.250, 20s. 6d. ;
1,400, 25s., coke, voyages from Nov. to March; London,
1.700, 13s. 6d. ; 1,600, 13s. ; 2,500, 14s. ; Las Palmas, 2,500.
28s.; Lisbon, 3,000, 29s.; 4,000, 29s.; 2,000, 30s.;
Marseilles, 4,500, 41s. lid., from Dunston; Naples, 5,000,
47s. 6d.; Oran, 1,000, 33s. 6d. ; Porto Vecchio, 2,800,
52s. 6d.; Rouen, 900, 21s.; 1,700, 21s. 6d.; 1,400, 21s;

1,500, 21s. 3d.; 2,300, 21s.; St. Nazaire, 2,200, 30s.;
Savona, 3,500, 50 s.; Treport, 1,000, 22s. 6d.; 1,600, 22s. 6d.

Cardiff to Algiers, 2,500, 48 fr., 1,000; Alexandria, 4,000,
50s. 6d.; Aden, 5,900, 59s., part cargo; 5,500, 52s., f.d.;
Barcelona, 1,300 , 38s.; Bombay, 52s. 6d., Dec.; Cape Verdes,
1,400, 31s.; Civita Vecchia, 2,600, 46s. 3d., 500; Campana,
39s. 6d.; Genoa, 3,300, 49s., guaranteed terms; 5,600, 48s.,
500, g.t.; 4,700, 49s. 6d., g.t.; 3,000, 49s. 6d., 500, g.t.;
Gibraltar, 1,740, 29s., 500; 1,600, 29s. 6d.; Havre, 1,300,
16s. 6d.; 1,600, 16s. 9d.; Honfleur, 700, 17s.; Huelva, 1,600,
22s. 6d.; Lisbon, 1,100, 25s., 350; 1,500, 25s. 3d., 400;
3,200, 25s., 500, Nov.; Leghorn, 3,300, 49s., guaranteed
terms; 5,600, 48s., 500, g.t.; 4,700, 49s. 6d., g.t.,; 46s. 6d.,
early Dec.; 3,000, 49s. 6d., 500, g.t.; Las Palmas, 2,000,
27s. 6d.; Marseilles, 3,500, 56 fr.; 4,000, 56 fr.; 3,300,
57 fr.; Malta, 5,000, 44s.; Nantes, 1,700, 29 fr.; 900, 31 fr.,
350; Port Said, 6,800, 50s.; 9,000, 49s.; 4,000, 49s. 6d., part
cargo; 5,700, 51s.; 6,300, 51s.; Rouen, 1,500, 18s. 10|d.;
1,600, 19s.; 1,100, 19s.; 2,000, 19s. 4jd.; 1,450, 19s. 3d.;
2,300, 19s. 3d.; River Plate, 4,000, 37s. 6d.; Rosario, 40s.,
Nov. 25; Savona, 3,300, 49s., guaranteed terms; 5,600, 48s.,
500', g.t.; 4,700, 49s. 6d., g.t.; Spezzia, 3,300, 49s., guaran-
teed terms; 5,600, 48s., 500, g.t.; 4,700, 49s. 6d., g.t.; Sierra
Leone, 1,700, 35s.; St. Vincent, 1,200, 30s., Nov. 20; Trou-
ville, 700, 17s.; Tarragona, 2,600, 34s. 6d.; Torre Annun-
ziata, 2,600, 46s. 3d., 400; Valencia, 2,600, 33s. 6d.; 1,300,
33s. 6d.; 1,300, 33s.; Villa Constitucion, 39s. 6d.

Swansea to Rouen, 1,000, 19s.; 2,800, 19s.; 750, 19s. 6d.;
2,000, 19s.; 650, 19s. 3d.; Caen, 800, 17s. fid.; 1,000, 18s.;
Huelva, 27s. 3d.; Marseilles, 56 fr.; Savona, 3,000, 50s.; St.
Malo, 550, 15s. l|d.; St. Servan, 550, 15s. ljd.; Treport,
950, 19s.; 650, 20s.; Valencia, 800, 33s. 6d. coal, 34s. 3d.
fuel; Barcelona, 750, 40s.; Calais, 1,100 , 20s.; Boulogne,
1,100, 20s.; Dieppe, 850, 18s.

Newport to Gibraltar, 1,740, 29s., 500; 1,500, 29s. fid.,
fast as possible; Rouen, 1,600, 19s.; 1,600, 19s. 3d.; 2,700,
19s. 3d.; 1,550, 19s. 6d.; Buenos Ayres, 5,000, 39s.; Torre
Annunziata, 2,600, 46s. 3d., 400; Civita Vecchia, 2,600,
46s. 3d., 500; Havre Canal, 1,500, 17s.; Bordeaux, 1,950,
35 fr.; Huelva, 1,600, 28s. 6d.; St. Nazaire, 2,100, 31 fr.

Hull to Havre, 700, 21s. 6d.; Genoa or Savona, 4,300.
48s. 6d.

Glasgow to Genoa, 50s.

Wear to Bordeaux, 1,800, 29s. ; Bayonne, 1,500, 32s. 6d. ;
Dieppe, 1,800, 22s.

Forth to Calais, Boulogne, or Dunkirk, 25s.

Partington to Rouen, 1,600, 17s. 9d.

Port Talbot to Nantes, 1,700, 29 fr.; Rouen, 1,600, 19s.;
1,550, 19s. 6d.; Bordeaux, 2,400, 33 fr.; Alicante, 1,400,
34s. 6d.; Tarragona, 1,300, 34s. 6d.

Manchester to Nantes or St. Nazaire, 1,600, 25s., pitch.

East Coast ports to Copenhagen, 1,000, 24s. 6d., coke.

Ardrossan to Bordeaux, 3,000, 35 fr.

Blyth to Caen, 750, 21s. 6d.

Birkenhead to Gibraltar, sail, 500, 23s. 6d., coal.

Goole to Dunkirk, 1,000, 21s. 6d.

Methil to Rouen, 24s.

Hartlepool to Rouen, 2,100, 21s.

CONTRACTS OPEN FOR COAL AND COKE.

For Contracts Advertised in this issue received too late
for inclusion in this column, see Leader and Last
White pages.

Aldershot, November 30.—The above Council invite
tenders for a 12 months’ supply of 1,500 tons of pea coal, for
use on mechanical stokers. Particulars of tender and tender
forms may be' obtained on application to the electrical
engineer to the Council, Electricity Works, Laburnum-road,
Aidershot. Tenders to be marked “ Coal,” are to be sent
to the clerk to the Council, Municipal Buildings, Grosvenor-
road, Aidershot, to be in his hands not later than Tuesday
morning, November 30 next. F. H. Dominey, acting clerk.

Abstracts of Contracts Open.

Andover, November 23.—Best washed anthracite for gas
making. Specification from Mr. R. W. Knapp, borough
surveyor, Town Hall, Andover.

Beverley, November 29. — Coal, for the Corporation.
Particulars from Mr. J. Willis Mills, clerk to the Local
Education Authority, 31, Lairgate, Beverley.

Dublin, November 22.—200 tons of house coal, for the
Governors of St. Patrick’s Hospital, James’s-street, Dublin.
Tenders to Mr. A. E. Coe, secretary.

Harmondsworth, November 23. — About 25 tons of
brights coal (Stoke Colliery), for the Harmondsworth
Charities Trustees. Tenders to Mr. F. Mayne Swift, clerk
to the Trustees, Harmondsworth, Middlesex.

Harwich, November 27.—Bestwood bright coals and coke,
for the Education Committee. Tenders to Mr. G. D. Hugh-
Jones, secretary, Harwich.

London, December 20.—Coal and coke, for the Cancer
Hospital (Free) (Incorporated under Royal Charter). Forms
from Mr. F. W. Howell, secretary.

Lowestoft, November 24.—About 60 tons of coal, for the
Trustees of the Kirkley Poor’s Land Estate. Tenders to
Mr. J. Burcham, clerk to the Trustees, 8, Grosvenor-road,
Lowestoft South.

Saffron Walden, November 22.—About 60 tons of coke,
for the Guardians. Tenders to Mr. J. A. S. Baily, clerk,
Union Office, Saffron Walden.

The date given is the latest upon which tenders can be
received.

CONTRACTS OPEN FOR ENGINEERING, IRON
AND STEEL WORK, &c.

Manchester, November 23. — Mains.—Water mains,
valves, etc., required in connection with water tower, for
the Board of Guardians.

Salford.—Tubes and Fittings.—Supply of wrought iron
tubes and fittings, for the Gas Committee. Particulars
from W. W. Woodward, engineer, Gas Office, Bloom-street,
Salford.

The Colliery Engineer, hitherto published by the Inter-
national Textbook Company, of Scranton, Pa., was
purchased on October 13, by the Hill Publishing Company,
of New York City, and will now be merged with Coal Age,
a weekly publication. The consolidated papers will be
called Coal Age and the Colliery Engineer,