PUBLIC RECORD OFFICE
Reference :-
TTIC.O. 882
||||||
8 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH—NOT TO
236
i do not think it was alleged in Connell's Stores case that the weights in and out had been falsified and manipulated. Such practice is distinctly alleged at Tanjong Pagar and might constitute à difference between the two cases.
16. On the question of measuring the coal stocks generally I would observe that this could only approximately check the weights, and I think that perhaps a sounder plan would be to investigate the returns as to the weights received and discharged inder each cargo for the last 12 months. In the meantime many cargoes are being cleared out weekly and at any later time the only measurements would be of the stocks kept at Tanjong Pagar for an inordinately long time.
17. I have further enquiry to make into the present practice of some months standing under which, Mr. Nicholson informs me, any surplus remaining after <lelivering the weight certified as received is reported to the consignee who is asked to receive it. Under this system there could presumably be no surpluses in future but might be deficiencies.
July 14, 1905.
Enclosure 3 in No. 231.
REPORT on Coal Stored at Tanjong Pagar.
S. TOMLINSON.
I send herewith a copy of a report by Mr. Tomlinson regarding the coal stored at Tanjong Pagar. He has made investigations on the spot.
The Company do not sell coal themselves, they are prohibited from doing so by an agreement with the Borneo Company made at the time when they purchased that Company's property. They store coal for their customers; each customer's coal, as it arrives, being stored in a separate heap. These heaps are from time to time added to, as ships arrive bringing fresh cargoes, or diminished, as other ships arrive requiring coal for their bunkers. But until recently the Company has never attempted to adjust the amount received by them and the amount delivered to the consignee,. and appropriate the surplus (if any). During the last few months, however, previous to the appointed day the Company have made a practice of collecting the surplus from the various heaps and setting them aside after delivering to the consignee the nominal amount of the cargo which they had certified as having received, i.e., if a ship arrives with bills of lading for, say, 5,000 tons of coal, the Company, if satisfied that the cargo is not less than that amount, signs for the amount, and stores the whole cargo for the consignee in a separate heap. After it has delivered to the con- signee or obtained his receipts for 5,000 tons, if there is any surplus the Company has removed this surplus to a separate place as their own property. The accumulated surpluses from different heaps so segregated amounted on the 1st July, the appointed day, to about 22,000 tons, the value being roughly $220,000.
2. The amount of coal stored by the Company for customers on that date as shown by the books was about 124,000 tons. Some of this was measured by Mr. Trowell, who satisfied himself that the amount stored was approximately correct, in fact that there was a surplus over and above the amount shown in the books. The Company's representatives who measured the coal with Mr. Trowell estimated that this surplus in the coal heaps belonging to the customers was about 11,000 tons over and above the 124,000 tons appearing in the books, but these 11,000 tons were not in any way separated from the heaps and it is understood that no claim will be made with respect to them. The claim, if any, will be for the 22,000 tons, as to the existence of which Mr. Trowell was satisfied, so he told me, when he examined the coal, but he did not sign for it, and made no admission at all with respect to it, all he signed for was the 240,000 tons shown in the books.
3. It would be advisable to get the opinion of Counsel as to whether the Company can successfully claim for these 22,000 tons or whether their claim should be resisted, and if so, what kind of evidence should be prepared to meet it. There are it appears several causes operating together to produce this surplus:-
(a) It is alleged that when a ship arrived with a cargo of coal (freight to be paid on delivery of the coal at Tanjong Pagar) the employees of the Company who took part in the unloading and storing of it were in the habit of expecting some remuneration from the master of the ship,
237
and if they were 'disappointed would certify only for a less amount than the actual cargo, and that the same practice existed in bunkering coal, ie, unless they received their expected remuneration they would deliver short weight.
(b) The trade allowance of 2 per cent. for errors and loss by dust and handling (mentioned by Mr. Tomlinson) might often have worked out in favour of the Company.
(c) The dampness of the climate and the fact that the coal in the Company's storehouses is only partially protected from rain may cause a cargo to increase in weight after it has been stored here for some little time, and this would produce a surplus when it is being weighed out for bunkering, the custom being to weigh every tenth basket. I am unable to find the report of the case referred to by Mr. Tomlinson (Connell's Stores) nor can I at present find any case bearing on the point, but I can hardly think that the Company could successfully contend that this coal was the property of themselves, and not of the consignees, though the latter have made no claim to it; they are not in a position to make any claim, for, presumably, they do not know from whose heaps the surplus was taken.
แ
If the Company claim for it on the ground that it is part of the undertaking within the meaning of Section 2 of the Tanjong Pagar Dock Ordinance, they would, I take it, have to show how they came by it; their books show that they have never purchased coal, and it is generally known that the coal they have used for their own machinery has been taken from the surplus of the heaps belonging to their customers (though, as I have said before, they have not separated this surplus until recently). On the general principle that nemo allegans suam turpitudinem est audiendus" the Company could hardly plead cause (a) as an explanation of the surplus. Satisfactory evidence could no doubt be given of cause (b), the trade custom of allowing 2 per cent., and that this would produce a surplus as a large part of their coal is Japanese (which is not a dusty coal), and of (c) the increase of weight through the humidity of the climate. But proof neither of (b) nor of (c) would, I submit, entitle them to claim the coal as an asset to be paid for by the Government unless they could also prove a trade custom that surplus resulting from these causes should go to the warehouseman. I am not aware of the existence of any such custom. If Mr. Tomlinson has correctly described the present practice of dealing with coal (see paragraph 17 of his report) i.e., the practice existing since the appointed day, it would seem that the Board lay no claim to such surpluses, but admit that they are the property of the consignees.
4. I attach herewith a specimen of the Company's advertisement showing their published conditions as warehousemen, &c. Their scale of charges contains a special tariff relating to the discharging, stacking of, and rent for, storing coal and coke, but it does not deal at all with the question of surpluses. It is stated in the tariff that the Company is open to make special arrangements with consignees of coal for storage at a monthly fixed charge.
I take it that if there was a deficiency which could be proved to be duc to dust or any other cause which might be described as being a natural cause the Company would not be liable to make it good. Conversely, I do not see how they can justly claim for a surplus arising from similar causes.
July 20, 1905.
L. M. WOODWARD.
THE TANJONG PAGAR DOCK COMPANY, LIMITED.
SHIPWRIGHTS, ENGINEERS, IRON AND BRASS FOUNDERS, WHARFINGERS, &c.
This Company executes ship and marine engine repairs of all descriptions in
the most efficient manner, under the superintendence of experienced European ship- wrights and engineers.
Graving docks up to 500 feet in length and 21 net on sill. Wharf frontage one mile and a quarter.
Sheers wharves of 350 feet in length, boiler and powerful masting sheers, worked
by steam, for taking out masts, boilers, machinery, &c.`
Electric lighting. The Company are now prepared to undertake the fitting up
of electric machinery and lighting and to effect any repairs to same.
20345
2 H 2