March 10, 1916.

THE COLLIERY GUARDIAN.

459

Mr. Hoche, K.C., for plaintiffs, explained that about
30,000 tons, or two-thirds of the quantity were taken out
in August 1914, when the defendants gave notice that
owing to the war 'and the requirements of the Admiralty
they must rely on the suspension clause of the contract.
Nothing was done until the end of November 1914, when the
defendants said they were ready to deliver again. Negotia-
tions took place as to the meaning of the contract, but the
Orient Steamship Navigation Company had to make other
arrangements. Plaintiffs took the view that the contract
was extended for five months after the expiration of the
year. It was alleged that Admiralty control expired on
October 31. The answer was that it did not, and probably
it existed to-day.

Mr. Justice Bailhache, in giving judgment, said the
difficulties that had arisen were largely the result of the
fact that in the clause of the contract providing for the
extension of the contract after the withdrawal of the pro-
hibition nothing was said about the termination of war.
There was an Admiralty prohibition that lasted until the
end of October 1914, but it was relaxed in the latter part
of that month because the Admiralty were experiencing
tonnage difficulties. The defendants eventually told the
plaintiffs that they were again in a position to supply coal,
but no stem was offered until late in March 1915, and that
for the early part of April of that year. This stem was
refused by the defendants as they said the contract was at
an end, and the plaintiffs now claimed damages to the
extent of Til ,000, as the value of the coal that had been
undelivered. The plaintiffs 'also asked for a rectification of
the contract, and that it should, in fact, revive at the end
of the war. His view was that the extension of the contract
was for three and not four months, and that therefore the
stem provided in April by the plaintiffs was too late. In
regard to the plaintiff’s claim that the contract should
revive after the war, his lordship said’he w>as of the opinion
that this was really the intention of the parties, although
the phrase had been omitted from the contract by inadvert-
ence. He could not concede that there had been commercial
frustration, so far as the duration of the war was concerned.
He amended the contract to the effect that it was
at present on foot, and revived after the war, and was not
affected by the doctrine of frustration of the adventure. His
lordship gave a declaration accordingly. He gave the
defendants costs as applying to the witnesses called in the
case.

INDIAN AND COLONIAL NOTES.

India.

Electrical Plant in Indian Mines.—At a recent meeting of
the Indian Mining Association committee in Calcutta, a
letter was read from the Government of Bengal stating that
the Government of India had been considering the question
of proper supervision over electrical plant installed in mines.
The letter explained how inspections of electrical machinery,
whether at mines or elsewhere, are at present made, and
went on to state that the rapid extension of high voltage
plant throughout the province made it impossible for the
staff of electrical inspectors to exercise proper supervision.
The' Government of India suggested steps which might be
taken to avoid accidents in future.

Oil Fuel for Locomotives.—The question of employing
oil fuel on Indian railways has for some time been under
the consideration of Indian authorities, and last year exten-
sive experiments were carried out. These preliminary trials,
it is stated in the Administration Beport on Indian Bailways,
“ have proved conclusively that oil fuel is preferable to coal
in respect to uniformity, free steaming, and freedom from
black smoke. So far as can be judged at present, the wear
and tear of fireboxes is not materially increased by the use
of oil fuel. The substitution of oil fuel for coal is, therefore,
merely a question of the price at which the oil fuel can
be supplied.” Final trials are to be carried out which will
determine the price that railways can afford to pay

Africa.

Natal Coal Trade.—The collieries in Natal have felt the
effects of the war, to a far greater extent than the collieries
situated in other Provinces of South Africa. This
undoubtedly is due to the fact that they are more dependent
on the shipping trade than the other coal districts for the
disposal of their output, and during the war, the shipping
trade has been in an unsettled condition. The total output
of coal in Natal Province for the month of October is
returned .at 165,555 tons, being a decrease of about 22,000
tons as compared with the previous month. Natal
Navigation has returned to the position of the largest pro-
ducer with an output of 29,697 tons, whilst Hlobane Colliery,
at Vryheid, comes next, with 26,000 tons. Dundee follows
with a total output of 23,799 tons, whilst Durban Navigation
comes next with 23,093 tons. With a big fall then comes
the Glencoe Colliery, with 14,642 tons, and the South
African Collieries with 10,432 tons. All the other leading
collieries which follow, show a marked falling away in
output, particularly Utrecht and Elandslaagte with respective
outputs of 4,400 tons and 2,542 tons. These collieries have
suffered more than any other from the effects of the war,
whilst Hatting Spruit Colliery only returns an output of
7,014 tons for the month of October. Natal Steam Colliery
is credited with an output of 5,534 tons, whilst the Wallsend
Colliery comes close after with 5,175 tons. The outputs for
the remainder of the collieries are given as under :—Natal
Cambrian, 4,913 tons; Fairleigh Colliery, 3,688 tons;
Newcastle, 3,438 tons; Vryheid coke, 736 tons; and Avon
Colliery, 449 tons.

Australia.

The Newcastle coal exports for November totalled 331,409
tons, of which 240,848 tons went to Commonwealth and New
Zealand ports, and 90,561 tons to oversea countries.

The south coast coke industry is in a flourishing condition.
Large orders are being regularly despatched by rail and sea.
The coal trade is also very brisk, the whole of the mines
working full time. The increases agreed upon between the
representatives of the southern colliery employers and
employed at the Melbourne compulsory conference are now in
operation.

The Coal Trimmers’ Union has decided to accept the terms
offered by the stevedores in connection with claims for fresh
conditions. The terms that the employers offered were 2s. an
hour for ordinary time, and 2s. 3d. an hour for overtime, an
increase of 3d. per hour on the rates previously ruling.

The engineers who have gone but on strike at the Newcastle
steel works were asked to permit some of the men to return
to work to test munition metal, but refused to allow any of
the men to undertake the task. The secretary of the Black-

smiths’ Society and president of the Iron Workers’ Federa-
tion, who has been endeavouring to induce the men to return
to work, stated that he could see no justification whatever for
the strike. The trouble started with the engineers, who asked
for an increase in the rate of pay. The management offered
an equivalent in the shape of a flat rate, which would work
out to the same amount, as the works are run on a continuous
shift. The engineers refused this, and struck, inducing the
other trades to follow them. Each day’s idleness means the
non-testing of 24 ingots, which would produce 2,500 shells.
Only 12 men are needed for the testing, yet the unionists,
who strongly resent any allusion to their lack of patriotism,
will not allow them to go on with this much-needed work.

State Colliery for Queensland.—The Queensland Minister
of Mines, Mr. Hamilton, has announced that he has made an
important discovery by which an area of coal-bearing land
would be made available to the Government, should it be
found necessary to claim it. “ Some years ago,” said Mr.
Hamilton, “ a racecourse at Ipswich was vested in trustees.
It comprised 218 acres, and was mortgaged by the trustees
with the permisision of the Government, in order to raise a
sum of money—I think .£1,000. The mortgagee eventually
took over the land, which was subsequently cut up and sold.
In the deed of grant to the trustees all mineral rights were
reserved to the Crown. Becently application was made by
certain people that they should be allowed to mine under
the roads running round the reserve and intersecting it, and
while going into the question, whether the department should
grant this right, it was discovered that the Crown still held
the right to all the coal and other minerals under that land.
It was ascertained that the Aberdare seam underlies this
land, and it is supposed to contain the best coal in the
Ipswich district. Only the other day a seam of coal 29 ft.
thick was cut. These 218 acres really give the department
an opportunity of establishing a State coal mine at Ipswich.
The deed of grant also gives the Government the right to
resume the land for any purposes whatever. Estimating
the width of the seam at an 'average of 20 ft., the quantity of
coal per acre at 1,000 tons per ft. of the seam, the estimated
quantity of coal available from this land is over 4,000,000
tons. I have been negotiating for a site for a State coal
mine in this district, and this old racecourse reserve is a
much more convenient one than others I have had in view,
for it is close to the railway. The Bailway Department is
desirous of having its own coal supplies in order that they
will have better coal for use than at present. There is every
possibility, therefore, that something will be done in the
matter.” Altogether, three areas have been selected, one in
each of the southern, central, and northern divisions. Mr.
Hamilton has not yet announced the details of the scheme
beyond the fact that he has reserved several areas in the
Bowen district for the purpose. Certain reserves have also
been made in the southern and central districts, and others
are now under consideration.

Canada.

University of British Columbia.—The new University of
British Columbia has commenced its education work in
Vancouver, British Columbia. Two new temporary buildings
have been completed for the departments of geology and
mineralogy, and alterations have been made ;in the building
formerly used by McGill College for the use of the science
department devoted to physics and chemistry. The library,
administration offices and lecture rooms will be in another
new building. These arrangements are temporary, pending
the erection of the university buildings according to plans
fully considered and adopted, but. deferred during the war on
account of financial considerations. The library contains
30,000 volumes.

Coal Production of Spain.—The Central Committee which
has been formed in Spain to watch the interests of coal con-
sumers, have now obtained statistics showing the production
of coal in 1915. These figures demonstrate the increased
extent to which Spain has been impelled to depend upon her
natural resources with the growing difficulty in obtaining
adequate supplies of fuel from without. The output of coal,
anthracite, and lignite in 1915 amounted to 4,884,353 tons,
an increase of 8 per cent, on the output of 1914, which itself
marked an increase of 3| per cent, on that of the previous
year. Nevertheless, this has proved insufficient to balance
the reduction in imports, the country in consequence finding

itself no less than 600,000 tons short of its normal supply of fuel. Summarised, the figures are as under :—			
Production  Imports 		1913.  Tons.  .... 4,292,522 ...  .... 3,098,332 ...	1914.  Tons.  4,442,855 ...  2,875,753 ...	1915.  Tons.  4,884,353  1,930,000
Totals	.... 7,390,854 ...	7,318,608 ...	6,764,353

The output according to district was as follows :—

	1913.	1914.	1915.
Coal	Tons.	Tons.	Tons.
Oviedo 		2,413,509 ..	,. 2,457,613 .	.. 2.700,000
Cordova 		354,975 ..	364,593 .	375,639
Leon 		328,246 ..	313,950 .	317,561
Valencia 		127,916 ..	151,498 .	175,250
Ciudad Beal 		369,375 ..	403,185 .	458,761
Seville 		178,000 ..	204,000 .	200,000
Barcelona & Gerona	11,193 ..	10,241 .	7,587
	3,783,214 ..	.. 3,905,080 .	.. 4,234,798
Anthracite :—			
Cordova 		169,850 ..	164,396 .	177,083
Valencia 			62,667 ..	63,906 .	75,400
	232,517 ..	228,302 .	252,483
Lignite :—			
Teruel 		115,032 ..	117,379 .	122,099
Barcelona 		84,569 ..	96,721 .	108,500
Zaragoza 		16,809 ..	16,165 .	29,793
L erid a 		7,956 ..	9,360 .	16,680
Various 		52,425 ..	69,848 .	.. (?) 70,000
	276,791 ..	309,473 .	347,072

Summary.

Increase Increase

	1913.	1914.	1915.	in 1914.	in 1915.
	Tons.	Tons.	Tons.	Tons.	Tons.
Coal ....	..3,783,214	3,905,080	4,234,798	121,866	329,718
Anthracite 232,517		. 228,302	252,483	-4,215	24,181
Lignite ,	... 276,791	309,473	347,072	32,682	37,599
	4,292,522	4,442,855	4,834,353 *150,333 f391,498		
	* 3-5 per	cent.	f 3 per cent.		

OBITUARY.

Lieut. John Laithwaite, of De Trafford House, Hind ley,
a mining engineer with the Wigan Coal and Iron Company,
has been killed in France.

Mr. John Bamsey, who has died at East Boldon, at the
age of 67 years, took an active part in the formation of the ■
Northumberland Miners’ and Northumberland Mechanics’
associations.

Mr. William Peck, Leeds, whose death took place on
Saturday, wTas well known in the local coal trade, having for
many years held a responsible position in the firm of T.
and B. W. Bower.

The death has taken place of Mr. William Barraclough,
late secretary to Messrs. Newton, Chambers and Company
Limited, Thorncliffe Ironworks 'and Collieries, near Sheffield.
Deceased, who was 77 years of age, retired in 1909, when
he was succeeded as secretary by his eldest son, Mr. C. E.
Barraclough.

Corp!. N. C. Neilson, of the 21st (4th Public Schools
Battalion) Boyal Fusiliers, who, prior to enlistment, was
underground manager at Chop well Colliery, County Durham,
was killed in action on February 5.

The funeral took place at St. Mary’s Cemetery, Kensal
Green, London, on Friday, of Mr. John Boyd Harvey,
K.C.S.G., J.P., of Tondu House, Bridgend, whose death
we briefly announced last week. Prior to the burial a
Bequiem Mass was held at Westminster Cathedral. The
assembly included Lieut. F. E. Boyd Harvey, 1st Welsh ■
Horse (son), the Misses Cecelia and Vivian Boyd Harvey
(daughters), .Sir Bobert Harvey (brother), Lieut. F. Boyd
Michael, A.S.C., Mr. H. Tyack, Mr. and Mrs. Harry
Brittain, Mr. James Edwards, Mr. and Mrs. C. P. Fearn,
Mr. N. Clements Henry, Mr. G. A. Lockett, Mr. J.
Griffiths, and Sisters Perpetua, Begas, Michael, and
Birchmans. The handsome floral tributes sent included a
massive wreath from the chairman and directors of North’s
Navigation Collieries. Deceased, who was 55 years of age,
was the son of the late Mr. Samuel Harvey, of Truro,
Cornwall.

The death is announced of Prof. J. W. Judd, Emeritus
Professor of Geology in the Imperial College of Science and
Technology, aged 76. In 1877 he became Professor of
Geology in the Boyal School of Mines, and four years later
accepted a similar position in the Boyal College of Science.
For 12 years secretary of the Geological Society, Prof. Judd
held the office of president in 1886-7, and in 1891 he received
from the society the Wollaston medal.

The death has occurred of Mr. Bobert Winstanley, whc
wTas born at Hindley, near Wigan, in 1844. He was one of
the first students in the Wigan School of Mines. Articled
to Mr. Mackenzie (who subsequently became an inspector of
mines in. Australia) and to Mr. Isaac Perrins, he completed
the initial part of his professional career with Messrs. J.
and P. Higson, mining engineers, of Manchester. He com-
menced business on his own account, as a civil and mining
engineer, in Manchester, in the year 1871. He was one of
the early inventors of the disc type of coal-cutting machines.
He served as president of the Lancashire branch of the
National Association of Colliery Managers, president of
the Manchester Geological Society in 1896, and was a
member of the council of the Institution of Mining Engineers.
He served as /an examiner for mine managers’ certificates,
for the Manchester district, under the Coal Mines Act of
1887. He acted as umpire in 1886 in an important arbitra-
tion relative to the use of naked lights in the Ladyshore
Colliery, Lancashire, between the late Joseph Dickinson,
H.M. inspector of mines, and the late Herbert Fletcher.
He was identified, in a consultative capacity, with many
large and important colliery concerns, principally in Lanca-
shire and North Staffordshire. At the time of his death he
was the managing director of the Chatterley Whitfield
Collieries Limited. Mr. Winstanley leaves four sons, three
of whom are identified with mining, the eldest as H.M.
inspector of mining schools, the other two being members of
the firm of mining engineers (Winstanley and Ashworth),
of which he was the founder and senior partner.

Partnerships Dissolved.—The London Gazette announces
dissolution of the following partnerships :—B. V. Marriott
and F. E. Good, electrical and mechanical engineers, at
4, Chesterfield-street, as Good, Marriott and Company; H. G.
Merry and P. D. Ogle, coal and coke merchants, at 1, Culver-
street, Colchester, as H. G. Merry and Company (limited
partnership).

Exports and Imports of Mining Machinery.—The value of
imports and exports of mining machinery during February

are given below :—

Imports ...  Exports ...	February.		Jan.-Feb.	
	1915.  £  	 6,664	...  	 34,625	...	19 6.  9,017 .  51,079 ,	1915.  £  .. 15,857 ..  ... 83,868 ..	1916.  £  . 18,434  .113,440
These figures	are not inclusive of	prime	movers or	electrical

machinery. According to destination, the value of exports
w7as as under :—

February.	Jan.-Feb.

	1915.	1916.	1915.	1916.
To—	£ £	£	£
Countries in Europe		. 4,560 ... 1,681	... 8,198 ..	. 8,914
United States of America.	— ...	80	—	376
Countries in S. America .	424 .. 1,006	... 1,998	. 2,983
British South Africa ....	.. 17,636 ...29,730	...38,407	52,338
„ East Indies 		.. 2,888 ... 4,556	... 8,224 ..	. 14,092
Australia 		.. 3,370 ... 1,850	... 6,884 ..	. 6,613
New Zealand 		518 ... 127	1,542 ..	955
Other countries 		.. 5,229 .. 12,049	...18,615 ..	. 27,169
Total 		.. 34,625 ...51,079	...83,868 ..	.113,440
The following shows the other than electrical :—	value of exports	of prime	movers
	February.	Jan.-Feb.	
	A	A	
(			
	1915.	1916.	1915.	1916.
All prime movers (except	£ £	£	£
electrical) 		455,806...405,994...	1,141,915...	.780,776
Rail locomotives		186,585...111,273...	511,475...256,463	
Pumping 		43,144	28,719...	71,782...	. 97,509
Winding		2,175...	388...	2,198...	. 1,616