Monmouth Guardian and Bargoed and Caerphilly Observer

BUNKER COAL CONTRACT. TREDEGAIl COMPANY'S ACTION. In the Commercial Court of King s Bench on Friday, before Mr. Justice Bailliaehe, sitting without a jurv the case of the Tredegar Iron Company, Limited, v. Treehmami, Carrick and Company, was heard. Defendants carry on business as coal agents at Mount Stuart-square, Cardiff. Mr. Adair Roche, K.C., and -Air. Nealson (instructed by "Messrs. Yanghan and Roche, C arclifl) appeared for the plaintiffs, and Mr. Holman Gregory, K.C., and Mr. Inskip (instructed by Messrs. Ingledew and Sons, of Cardiff) were for the defendants. Mr. Roche, in opening the plaintiffs' case, said it was a claim by the Tredegar Iron Company against the defendants, merchants and buyers ef bunker coals in Cardif,, in respect of a contract dated the i8th February, 1913, for the supply of 5oOQ tons of Waterloo small coal sold by the plaintiffs to the defendants for delivery in equal monthly instalments for 11 months in 1913, Plaintifts brought their action for damages because of the defendants' failure to take delivery of 4,425 tons. They accepted delivery of 1,075 tons, and it was in respect of the balance that the present action was launched. Broadly, the defence was that the Tredegar Company supplied coal which was not Waterloo smalls and thereby broke the contract, and that the coal supplied was not the class required for bunker purposes. The plaintiffs' answer to that statement was that it was quite inaccurate as the coal was not sup- plied for bunker purposes, but for the defendants to blend it with other coal to be used as bunkers. The second point taken by the defence was that the contract was cancelled by mutual consent. A third point raised was that there was a con- dition in the contract that the coal supplied by plaintiffs should be fitted for bunker use and that it was not so fitted. Mr. Roche submitted to the court that it was no part of the duty of the Tredegar Company to supply anything other than Waterloo small coal, and on the other hand the defendants who were expert blenders of coal useful for bunker purposes were aware of it. The coal supplied to the defendants was from two seams, the class of coal from both being identical and known as the red ash type. Mr. Horatio Kendrick, plaintiffs' manager in Cardiff, gave evidence, and the hearing was adjourned. THE JUDGMENT. The hearing was concluded on Tuesday, when His Lordship found for the plaintiffs, and assessed damages at JB625. Mr Justice Bailhache, after re-calling the the circumstances under which the contract was entered into, said it had been argued for the defend- ants that the contract provided for vendors' Water- loo small coal," and it was said that there was a coal that had been worked by a colliery known as the Waterloo Colliery, and had been put on the market for many years by the Waterloo Colliery, and that coal was coal from one seam only, and it was bound to be from one seam only, because that was the only seam they were working, and it had come to be known among buyers on the market as Waterloo Colliery coal. ° It was said that when a particular coal had got to be known as a coal of a particular colliery it was not open to that colliery to sink to other measures and sell coal therefrom as the original coal, even though they might be similar coals, and even although that coal, either by itself or mixed with the other coal that they had hitherto put on the market, was to be regarded as of the same description. The defendants said that, if plaintiffs wanted to so mix the coal, they must give notice to the world of their intention to make the change. It was said this notice should have been given, even although the coal from the new seam was as good as the other coal. The main question that he had to decide, therefore, was whether it was right to sell as Waterloo Colliery small coals coal from the old and well-known seam mixed with coal from the Brith. dir, which represented an extension of the colliery. Continuing, His Lordship said he had come to the conclusion that if the plaintiffs had sold their Water- loo Colliery small coals as coming from a particular vein they would have been entirely wrong in this case in mixing the coal from seams down below, even though the qualities of the two coals were practically indistinguishable but where they did not, in fact, state the seam from which they got the coal, but sold it, not as coal from a particular seam, but as "vendors Waterloo Colliery small coal," it seemed to him (the jndge) that the only question he had to ask himself was, Was this coal correctly and properly described by that description ? He could only answer that question in the affirmative. It was perfectly true that it came from two seams instead of one, but both were equally the vendors' seams, and both seams were properly called the Waterloo Colliery." It was a name of their own, and if the plaintiff's chose to apply it to the level and to the pit, he thought they were perfectly entitled to do so. NO BREACH BY VENDORS. If the plaintiffs sunk to other measures and sold the coals as Waterloo smalls they were entitled to do so. If the two coals were essentially different in character, of course, different questions would arise, but here the coals were for commercial purposes practically the same. He was satisfied therefore, that the plaintiffs properly gave the title of Waterloo Colliery small coals to the coals that they sold to defendants, and, therefore, there was no breach of contract by the ven- dors. He was of opinion that there was no agreement to cancel the contract* and, therefore, he gave judg- ment for plaintiffs.

AFTER EIGHT YEARS. Time is the best test of truth. Here is a Rhymney story which has stood the test of time. It is a story with a point which will come straight home to many of us. On July 31st, 1905, Miss M. Edwards, of 17, Church Street, Rhymney, said I suffered for some twelve or fifteen years from violent pains in my back, brought on, no doubt, by a chill. At times the agony I endured was beyond description. I had restless nights, and lost all energy for work. I got into a low and depressed state, and sometimes thought I should never be free from the trouble, for the various medicines I tried gave me no relief. I was also troubled with urinary disorders. I had read of the cures brought about by Doan's backache kidney pills, so I decided to try the medicine. There was a decided improvement in my con- dition when I had taken the first box, and as I continued with the pills my kidneys began to act naturally. I began to sleep better, and my appetite im- proved. I cannot speak too highly of Doan ,s pills, for I have great faith in them. (Signed) M. EDWARDS." On June 4th, 1913 NEARLY EIGHT YEARS LATER—Miss Edwards said :— Doan's pills have done me a world of good, and I always recommend them. Price 2 /9 a box, six boxes 13 /9 of all dealers, or from Foster-McClellan Co., 8 Wells St., Oxford St., London, W. Don't ask for backache or kidney pills, ask DISTINCLTY for DOAN'S backache kidney pills, the same as Miss Edwards had.

A NEW ZEALAND OBSERVATORY. I Miss Mary Froct-or s mission to New Zea- land for the purpose of securing the establish- ment there of a solar physics observatory has been successfully accomplished, says the Times, Mr. Thomas Cawthron, of Nelsofi, having promised F.50,000 for the purpose.

A hairdresser and newsagent named George Smee died in Chelmsford Hospital on Monday as the result of being thrown out of a trap, and run over, while driving to Chelmsford races on Thursday. At Avonmouth, on Saturday, H.M. cruiser Birmingham was presented with a eeries of gifts from her name city of Birmingham. Fhe presentations included a wlut? &ilk en- sign, a silk Union Jack, a ship's bell, two silver shields and silver cup for competitiona, a silver rose bowl.

QUOITS QlJUl'I' BAlD, BRIGHT R U L E S W.OUGHT of this STEEl bearin Ih? GAME makers' name sent direct can be obtained of on application ?IRONMONGERS 81"MINHAM to tho MAKERS

I PUBLIC LIGHTING AT ABER- I BABGOED. THE PRICE OF GAS. I At the meeting of the Bedwellty Council, on Tuesday, the clerk (Mr T. J. Thomas) submitted terms received from the Rhym- ney and Aber Valleys Gas and Water Co. for the public lighting of Aberbargoed. The terms were on a seven years' agree- ment 1st year, 3s. 7d. per 1,000 cubic feet; 2nd year, 3s. 6d.; 3rd year, 3s. 5d.; 4th year, 3s. 4d.; and the remaining three years, 3s. 3d., and the laying of the main from Pengam to Aberbargoed. Asked what the cost of the maintenance of a gas lamp for a year was, the Clerk said it would be £3 10s. These terms were then compared with the terms submitted by the Rhymney Valley Electric Lighting Co. which for an equivalent light of 100 c.p. came out at £3 17s. 6d. per annum per light. Mr R. J. Jones said that Aberbargoed was very much agitated over this question of lighting, and he was glad it had now come forward in these two forms. The electric light came out at Is. 6d. per lamp per annum cheaper than the Surveyor's estimate of gas, but when the Electric Supply Co. wanted an agreement for a term of years he had withdrawn his support, knowing very well that the price of gas would fall, and they had found that day that the Gas Co. had reduced the price by 3d. for the first year. He moved that the Clerk write to the Electric Supply Co. to the effect that their figures were higher than what they were now paying for gas. Mr lillott said he did not see that the Electric Supply Co. should have any more opportunity given them to reduce, as it was not fair to the Gas Co. This was agreed to. Mr R. J. Jones then said that if the Gas Co. could grant such terms for public light- ing, was it fair that the working people of the district should have to pay 5s. and 5s. 6d. per 1,000 for gas for their own use ? He moved that the Rhymney and Aber Gas Co. be asked if they were prepared to reduce the price of gas to private con- sumers. This, he said, was only fair. Mr Edgar Davies seconded, and this was agreed to. Mr Davies pointed out that the Gas Co. had reduced the price to private consumers in Gelligaer to 3s. 9d. ■

We do not hold ourselves responsible for the opinion expressed by correspondents. Oommunications bearing on matters of local and general interest are invited. Offensive personalities should be avoided. One side only of the paper should be written upon and the communication must be accompanied by the proper names and address of the writer, not necessarily for publication, but as a guarantee of qoodfaith. x

BARGOED LODGING-HOUSE I INCIDENT. SCENE AT THE METROPOLE. I At the Bargoed Police Court on Friday, Wm. Davies, labourer, no address, was charged ivith doing grievous bodily harm to John Davies at the Metropole lodging- house, Bargoed, on the 19th March. George Emmett, night attendant at the Metropole, said he was on duty about 7 p.m. on the night in question, and a little while before 8 p.m. John D&vies was washing at the basin and witness was at the stove attend- ing to his work, when Wm. Davies went up to John Davies and said something, and within a second or two as the result, Wm. Davies punched into John Davies. Witness tried to persuade defendant to be quiet and he left off for a minute or two and then, witness said, he heard a bit of a scuffle and saw the men fighting. John Davies tripped against a wringing machine and both fell to the floor together. As John Davies tried to get up, Wm. Davies made a dive at him again." John Davies fell as the result of the blow and fell with his foot under him. He tried to get up and it was then seen that his foot was injured. A doctor was summoned to attend him. John Davies, said witness, did not want to quarrel and he heard him tell prisoner to go away, but prisoner continued to try and aggravcte him until John Davies had to stand up. He believed prisoner had had a drop of drink and was a bit heated. The prisoner was quite a civil and nice man when sober. John Davies, said witness, had been obliged to be taken to the infirmary, and Supt. Gill said he would not be able to attend for a month. Prisoner was remanded in custody for a week.

Back Pains and Kidney=trouble. Mother and Daughter cured by DR. CASSELL'S TABLETS. Mrs. Walker, of 49, Kelburn Street, Barrhead, near Glasgow, says: Both my mother, Mrs. Cairns, and myself have derived great benefit from taking Dr. Cassell's Tablets. About two Mrs: Cairns, Glasgow. months ago my mother caught a chill which affected her kidneys and quite laid her up. She was in fright- ful pain all round her body and in her back, could not move for pain. We tried all sorts of things without avail, but when she got Dr. Cassell's Tablets the im- provement was wonderful. She is now better than she has been for years. I have taken Dr. Cassell's Tablets myself for backache brought on by strain, and they soon cured me, too. I think they are really wonderful, and I praise them to everybody." The wonderful power of Dr. Cassell's Tablets to cure nerve failure, stomach and kidney weak- nesses and general vital exhaustion in old or young makes them the surest remedy ever devised for Nervous Breakdown, Anaemia, Debility, Sleepless- ness, Nerve Pains, Heart Weakness, Kidney and Stomach Disorders, Spinal and Nerve Paralysis, Brain Fag, and all run-down conditions. Send 2d. to-day to Dr. Cassell's Co Ltd. (418), Chester Road, Manchester, for a free sample. All Chemists sell Dr. Cassell's Tablets at lOid., Is. lid., and 2s. 9d.-the 2s. 9d. size being the most economical.

BEDWELLTV BOARD OF GUARDIANS. The fortnightly meeting was held at the Work. house, Tredegar, on Wednesday, Mr E. Carter presiding. There were also present: Messrs W. Dunn (vice-chairman), D. Jones, Moses Williams, R. Moyle, T. Parry, A. Burrows, W. D. Thomas, T. Edwards, W. H. Carter, W. Jones, D. Davies, J. L Herbert, M. Eaglesome, D. J. Thomas, T. J. Davies, J. Coleman, R. Collier, Rev. J. Jenkins, Mesdames Davies, Phillips, Williams, Vaughan, Messrs E. West, J. Thomas (Ap Noah), S. Arrow- smith, with the clerk Mr H. J. C. Shepard) and the deputy-clerk (Mr W. Hall). Mr E. Carter proposed a vote of condolence with the family of the late Mr D. Morgan, one of the Abertillery representatives, upon that gentle- man's death. Mr Morgan was an ex-chairman of the Board, and he had been a faithful and honest member. His departure would be a loss not only to the Board but to the district he had represen- ted so well.—Mr M. Eaglesome, in seconding, said that he had been on the Board the same length of time as Mr Morgan, and he very much regretted his death.—The Clerk, on behalf of the officers, associated himself with the resolution which was carried. Mr Alfred Ernest Gillett, labour master at Eastville Workhouse, Bristol, was appointed to a similar position under the Board. A letter was read from the Registrar-General stating that he was unable to submit the time when the proposed rearrangement of the regis- tration districts would come into operation until he had received replies from the various urban district councils interested. He did not think it probable that the new arrangement would take effect until May 1st at the earliest. Mr A. Burrows moved the re-appointment of Supt. C. Saunders, Tredegar, as assistant reliev- ing officer for the relief of vagrants for 12 months. He pointed out since Mr Saunders had held the position the number of vagrants at Tredegar had decreased by hundreds. They now passed on to Merthyr instead of calling at Tredegar, owing to the supervision exercised by Supt. Saunders. The scheme for the establishment of bread stations would come into operation on April 1st. It was, however, in its experimental stage. The motion was adopted.

MEN AND WOMEN KNOW. Mrs. King, Runwell Road, Wickford, states Duty compels me to tell all who suffer that your pills cured me after years of pain." Mr. A. Newton, of Feltham, writes Your pills have completely cured me after four months on my back." James Swift, Atter- cliffe, Sheffield, says: The first dose gave me great relief. I can confidently say that one box of these pills has done me more good than all the medicine I have taken." HOL- DROYD'S GRAVEL PILLS, a positive cure for Gravel, Pains in the Back, Dropsy, Bright's Disease of the Kidneys, Gout, Sciatica. Is. lid., all chemists. Post free 12 stamps.—HOLDROYD'S MEDICAL HALL, Cleckheaton.

PRINCE OF WALES'S TOUR. The Prince of Wales took leave of their Majesties at Buckingham Palace on Monday morning, and left Charing Cro6s by the nine o'clock Continental boat express en route for Copenhagen and Christiania. His Royal Highness, who is travelling as the Earl of Chester, was accompanied by Major the Hon. W. Cadogan. The Prince will make a stay of one day at the Danish Court, and then proceed to Christiania on a visit to the King and Queen of Norway. He will return to London in about three weeks' time.

A seven-pound gun was accidentally fired at Spike Island, Cork Harbour, on Wednesday, and Bombardier Aspey, who was whitewash- ing a target, was struck by the shot and killed.

KKH~TTr>uMur« miTBH ?!dowW<tch!F<m?<Pit? fMmct *n< r*U»U« for LadiM. 7b* nlj Onuin. A«tiM ) t rlgc,),;Tza. MERIT at the Tuauiu ExMMM—. ML MtT?T.'R'P<'fM.. OWt.? by tpMi?U.t. ? 440 t?-n1 t ).n ?.t. O.m?ftt'. BoM in Uxm lJlH ui ?. ? u 9 T.. !El ?tA, <T P*Gt fm, 1/< md 1/10 IRAN ) ??? UTRUINE KMMLCY (KPT. ?. ?))))  M S.Wowdoo otd.Lt=.

) I FALSE INDUCEMENTS TO EMIGRANTS. I LONDON AGENT HEAVILY FINED. At Bow-street Police-court, London, on Monday, before Sir John Dickinson, Frederick Wallace Hetherington, passage bzoker's agent, of the Strand, appeared to adjourned summonses charging him with inducing per- sons to emigrate by falsely representing that in the Argentine Republic work was found for all by the State Labour Bureau. Mr. A. S. Comyns-Carr supported the sum- monses on behalf of the Board of Trade. Mr. Raeburn defended. It was alleged that nine young men were induced to book passages to Buenos Ayres through the defendant upon the faith of re- presentations contained in pamphlets issued by him to the effect that the State Labour Bureau there undertook to find employment for every immigrant who gave proof of his good conduct and fitness for any useful trade. A similar statement was issued by the Argen- tine Government some years ago, but it did not represent the present position of affairs, and warnings had since been issued by the Gov- ernment to intending emigrants. None ot tne complainants was able to obtain work on arriving in the Argentine, and after twenty- one days they were repatriated at the expense of the Government. The Magistrate, in giving his decision, said that the defendant's answer to the summonses was that he had no idea he was an offender; but this defence was entirely destroyed by the evidence of the two representatives of the Emigrante' Information Office that in Janu- ary last they asked him not to continue book- ing persons to the Argentine, and that his reply was: If I did not do it someone else would." This led him to the conclusion that the defendant had persistently and intention- ally disregarded the warning given to him. His action had resulted in great disappoint- ment and loss of money to the men who had been called as witnesses. He regarded the case as an extremely important one, not only to those poor men, but to the thousands of others who were desirous of going abroad and who trusted for information to people in the position of passage brokers. He imposed a penalty of L15 in each of the nine cases— £ 135 in all, with 937 16s. costs. In reply to the magistrate, Mr. Comyna Carr said that the complainants had each signed an undertaking to repay the amount of their fares to England, which was advanced to them by the British Consul in Buenos Ayres. The total amount was £53.. The Magistrate directed that each of the r complainants should receive C13 of the penalty as compensation.

I COMMON INFORMERS' SUITS. I SETTLEMENT OF LITIGATION. I In the Court of Appeal on Monday, before Lord Sumner, Lord Justice Kennedy, and Mr. Justice Lawrence, Mr. McCardie an- nouncod that the litigation in respect of the pending appeals in Bird v. Samuel, Burnett v. Samuel, and Forbes v. Samuel, had been settled. It will be recollected that the actions were brought under the House of Commons Dis- qualification Act, claiming penalties from Sir Stuart Samuel, M.P., in respect of voting when he was disqualified from doing so. The action was decided against Mr. Burnett and Mr. Forbes, but in favour of Mr. Bird for £ 13,000, being twenty-six separate penalties of C500 each. Mr. McCardie said the appeals had been fixed for Thursday. There were three appeals and a cross-appeal. Subject to the approval of the Court, the whole of the matters in dispute between Sir Stuart Samuel and those who commenced the actions against him were now settled. There were several matters in regard to costs, but he need not go into those. In the action of Bird v. Samuel, Sir Stuart Samuel withdrew hie appeal without costs. There were two other appeals—Burnett v. Samuel—one being an appeal from a judg- ment given against Mr. Burnett at the trial of the action before Mr. Justice Scrutton, and the other appeal was by him in respect of an interlocutory decision of Mr. Justice Scrutton. Both of these appeals had been withdrawn without costs. There were two other appeals relating to the matter of Forbes v. Samuel. Mr. Forbed was appealing against an adverse decision of Mr. Justice Scrutton, and Mr. Forbes had signed a written notice of withdrawal of both appeal*. Then there was the cross-appeal by Sir Stuart Samuel against the decision of a Judge in chambers and the cross-appeal which he withdrew on behalf of Sir Stuart Samuel. No question of costs arose in this matter. Mr. Forbes, continued Mr. McCardie, w" present in person, and agreed. Lord Sumner: ?o,es that diapOM of them all? Mr. McCardie: Yes, my Lord. Lord Sumner: Then be it 80.

OFFICER'S FATAL DUEL. I HEAVY SENTENCE ON SURVIVOR. I Lieutenant von Lavalette St. George, of the 98th German Infantry Regiment, who shot dead his brother officer, Lieutenant Haage, in a duel, has been sentenced by the Motz Military Court to two years and six months' detention in a fortress and dismissal from the army. The court decided that the duel was pro- yoked by Lieutenant St. George, who had grossly injured Lieutenant Haage's honour. It appears, says the Times Berlin corre- gpondent, that Lieutenant St. George pro- mised Frau Haage, without the knowledge of her husband, to procure for her a costume in which she could appear at the mess ball on Shrove Tuesday. He hired a room and in- duced Frau Haage to come there and try the costume on. Lieutenant Haage was very angry when he heard of it, but Lieutenant St. George persuaded Frau Haage to tell her husband that she had hired the dress at a costumier's. Upon the night of the ball Frau Haage left her husband and drove with Lieutenant St. George to his room, where she put the cos- tume on. She told her husband that she was going to fetch it from her dressmaker, but Lieutenant Haage was told the truth by the driver of the carriage. Lieutenant St. George had kissed Frau Haage and put flowers in her hair. The duel took place two days later. The combatants were twenty-five paces apart, and had to exchange three shots with unsighted pistols. In the second round Lieutenant Haage was shot through the heart.

LONG ARCTIC SLED TRIP. THE STEFANSSON EXPEDITION. News has reached Winnipeg from Dawson of the return there of the patrol of North-West Mounted Police from Fort McPherson, 150 miles north of the Arctic Circle. The patrol made the return journey (400 miles) over the snow by dog team in sevent-een and &- half days-the fastest time on record. Mr. Stefanssom had left Fort McPherson just before they started back, and was bound for the Arctic coast, says the Daily Chronicle correspondent, on the longest sled trip ever made. It was to extend about 600 miles east- ward. The explorer was expected at Herschel Island about the second week in March, and to that point letters have been taken from the Ca-nadiaj) Government by dog team.

I DR. DIESEL. I SAID TO BE SAFE IN CANADA. According to a rumour originating in Mu- nich, says a Berlin message, Dr. Diesel, the German inventor, who disappeared so myste- riously several months ago from a steamer from Antwerp to Harwich, and who was thought to have committed suicide, is said to be safe in Canada. It is added that he has been rejoined by his wife, who also disap- peared from Munich recently.

A WONDERFUL SALE OF- Furniture, Pianos, Carpets, &c. In preparation for the Annual Stock-taking at close of Financial Year (March 31st), by which date the Vast Stocks must be very considerably reduced, the whole of the Goods at their numerous Branches are now being offered at a Reduction of fully Twenty-Five per cent. under usual prices by BEVAN & COMPANY LIMITED, REGISTERED AS "THE CARDIFF FURNISHERS." 9mmende if ale 8mmende tfafe • ?M?e?ip ?!y?/ &mmende ifafe furniture I 1Pianoforte41 -6arpefd, etc. The Special Attention of Easter Wedding Couples Is particularly direoted to this exoellent opportunity of obtaining: the Reliable Goods of this well-known Firm at Unheard of Prices Illustrated Catalogues gratis and Post Free. Delivery Free by Road or Rail 200 Miles from any Branch. IT II) T1 I I MH?L))M? II Wales' Largest Furnishers, Piano and Organ Merchants, Near Empire, and 97, St. Mary Street, CARDIFF. ALSO Pontypool. Newport, Pontypridd, Swansea, and Llanelly.

W A NTRD M THE POLICE. I MAN WHO HAS STOLEN 200 MUSICAL I INSTRUMENTS. The Scotland Yard authorities are search- ing for and warning those who let apart- ments against a thief who has stolen about 200 musical instruments. He is a much tra- velled individual, and is wanted not only in the metropolis, but at Sheffield, Margate, Colchester, Bristol, Birmingham, and a number of towns in Lanc.,llire, including Southport. The system the man adopts is to negotiate rooms at so much per week for a period of about three monrhs, and to leave with the landlady a small deposit. He poses as a commercial traveller or something in that line, and, after fixing the address, he adver- tises in a publication for violins, piccolos, and flutes to be sent to him on approval. After the lapse of a few days, he sends a message to his new lodgings with a request that the landlady may forward letters and parcels which have arrived for him to the railway station. He explains that he is leaving on im- portant business temporarily. He generally meets the messenger at the station, or near to it, and takes the parcels and letters, and then disappears. In this way he has secured, dur- ing the past twelve months, nearly 200 musi. cal instruments. The description of the wanted man is M follows: Between forty-two and forty-three years of age, 5ft. 4!in. in height, complexion fresh, hair light brown, and eyes grey. He has a wart on the front of his head. The man gives different names at each house which he visits, and sometimes he is clean-shaven. At other times he has a moustache only, and yet again he appears with a close-cut beard. Boarding-house proprietors and others letting apartments should communicate with Scot- and Yard any information they may obtain about a man answering this description.