For the descendents of Richard Dearie and his son John Russell
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Documents about the history of Malayan Collieries. 1923- 1933
Transcribed by Claire Grey unless otherwise stated.
1923 The litigation continues.
THE MALAY MAIL, THURSDAY JANUARY 11TH, 1923. SUPREME COURT F.C. PECK vs. J.A. RUSSELL AND OTHERS, THE MALAY MAIL, TUESDAY JANUARY 16TH, 1923. SUPREME COURT F.C. PECK vs. J.A. RUSSELL AND OTHERS, THE MALAY MAIL, FRIDAY JANUARY 26TH, 1923. PECK—RUSSELL THE FULL JUDGMENT For details of the above see the Sources Page for 1923 here.
The Straits Times, 27 January 1923, Page 10 Malayan Collieries. To the Editor of the Straits Times. Sir, - We are instructed to draw your attention to the item headed "Malayan Collieries” appearing in the fourth column of page of Page 9 of your issue dated January 25. It would appear from the report of "your own correspondent" which report consists of a few wrongly connected excerpts from a lengthy judgment, that the plaintiff, Mr. Peck, has been given leave to amend his plaint, and that if he does amend he can thereupon proceed with the suit. This is not so: His Lordship Mr. Justice Farrer-Manby found in most definite terms that Mr. Peck could not proceed with his suit unless he first paid all the costs to date and amended his plaint so as to allege that the majority of votes against the suit cast at the general meeting of Malayan Collieries, Ltd., of November 21 last, had been improperly obtained by Mr. Russell and that even if Mr. Peck did pay these costs and amend his plaint he could under no circumstances recover damages or the profits made by Mr. Russell but could claim only the rescission of the contract, in which case Mr. Russell would get back the Goenoeng Batoe Besar property. The judge did not say that after this amendment the suit could then proceed but it was expressly ordered that the argument upon the amendment would be heard. We send you a copy of the formal order. We have the honour to be, Sir, Your obedient servants, POOLEY & CO. (There is absolutely nothing to complain of in our reproduction of the Judge’s own summary of his conclusions. We are today printing the full judgment. - Ed., S.T.)
THE MALAY MAIL, THURSDAY FEBRUARY 15TH, 1923. SUPREME COURT Ng Hong Guan vs. J. A. Russell ACTION WITHDRAWN,The Straits Times, 19 February 1923, Page 9 . Malayan Collieries Ng Hong Guan's Action Withdrawn. For details see Sources Page for 1923
The Straits Times, 18 April 1923, Page 9 KUALA LUMPUR NEWS. (From Our Own Correspondent.) Kuala Lumpur April 18. Application made by Mr. E. D. Shearn in Chambers, at the Supreme Court for security for costs in the Malayan Collieries appeal before Sir. Lionel Woodward, C.J.C., a few days ago. His Lordship ordered appellant to furnish security in a sum of $4,000 and $2,500 costs in the case of the first and second respondents and $1,500 costs in the case of the third respondent by May 15, 1923. In default of such security being furnished by that date, the appeal will be dismissed with costs.
The Straits Times, 19 April 1923, Page 8 Malayan Collieries Case. A telegraphic misapprehension in the wire received from our Kuala Lumpur correspondent yesterday respecting the application in the Supreme Court for security of costs in the Malayan Collieries' appeal led us to give the total security ordered by Sir Lionel Woodward at $8,000. The amount should be $4,000 viz., $2,500 in the case of the first and second respondents and $1,500 in the case of the third.
The Straits Times, 19 April 1923, Page 9 and The Malayan Tin and Rubber Journal 30 April, 1923 Vol .X11. No. 8, p. 506 Malayan Collieries, Ltd. Directors' Report for the Past Year. The directors of Malayan Collieries Limited, in their report for the year ended December 31, 1922 state: - Property. The application made to the F.M.S. Government for a further 100 acres of land, required in connection with the company's sand-stowage operations at the Batu Arang, was approved during the year, but a title has not yet been issued. Netherlands East Indian Government certificates for timber concession at Pamoekan Bay were issued by the Mynbouw en Handel Maatschaooij Goenoeng Batoe Besar. Kundang sand Pits. - The Company’s Kundang property was worked on an increasing scale throughout the year, producing a certain amount of tin ore, which ore offset to some extent the cost of obtaining the sand. Mine and Plant. - The general manager’s annual reports upon these are sub- joined. Rebates to mines. - As contracts upon which these rebates had been granted fell in, new contracts were made on an adjusted basis without rebate. The cost during the year to the company of the concessions granted upon old contracts, entered into before the depression in the tin mining industry commenced was $62,306.82 Charters. Coal production from development workings at Pamoekan Bay (which owing to exigencies of development and labour troubles. Had been temporarily suspended) was resumed in late March, 1922 and coal shipments recommenced by the steamer Passat. On the expiration of the steamer Passat’s charter, the larger Steamer Hydra was chartered, while towards the end of the year the steamer Hero was additionally chartered in order to cope with the increasing output. Coal market. -Despite the company having reduced the price of its Batu Arang coal during the year, owing to the general depression prevailing many tin mines and industries either closed down entirely, or reduced the magnitude of their operations, with the result that the demand for fuel fell away, and the company’s coal sales were materially affected. There was also considerable drop in the price of bunkers, and increased competition- especially from Natal- resulting in lower prices being realized for the coal obtained incidental to the development of Pamoekan Bay. All coal produced from this source during the year was, however, readily sold. Suit by Mr. Peck. - Shareholders have been notified from time to time as to the progress of this suit. The present position is that the action has been dismissed with costs, and Mr. Peck has given notice of appeal against the Judge’s decision. Staff.- No staff changes were made during the year. Profits. The profits for the year under review, subject to directors’ and audit fees, amount to $764,869.65 to which is added the unappropriated balance from previous account of $148, 907.98, making $913,777.63. Two interim dividends, each 5% were paid during the year, (equalling 10%) absorbing $310,000, leaving $603,777.63. You will be asked to sanction fees to the directors in respect of 1922 $12,000, the auditors have rendered their account for $2,000, leaving available $589,777.63 which your directors recommend should be dealt with as follows: - Payment of final dividend of 7 ½ %, (making 17 ½ % for the year 1922) $232,500, write off mine development account, $200,000 balance to carry forward to next year’s account $157,277.63 (subject to an appropriation for staff bonus, to be left as formerly to the discretion of the board.) Directors. - the retiring directors are Mr. Adolph Alois Henggeler, and Mr. Chew Kam Chuan, who, being eligible, offer themselves for re- election. Auditors- Messrs. Evatt and Co. retire but, being eligible offer themselves for re- election. The Malay Mail, Thursday, April 19, 1923. p.10 Malayan Collieries General Manager’s Report on Batu Arang. Value of Hydraulic Stowage. Mr. James Barr, General Manager, Malayan Collieries Ltd. reports: I have the honour to submit herewith my report on the work done on your property for the year ended 31st December 1922. Output. - During the year, 266,349 tons of coal were dispatched from the colliery. Of this quantity 176,200 tons were from the upper or 40 ft seam and 87,149 tons from the lower, or 25 ft seam. Coal used in the mine amounted to 16, 378 tons. Underground Development. - This development has taken place principally in what is known as the East mine, which we are opening out on the lower seam. This seam by the way, is 25 ft. thick, and of slightly higher calorific value than the upper seam. It was really this higher calorific value and the desire to give our clients the best value in our power that influenced the decision to start operations on the East mine. Our action has apparently been justified, for several uses have recently commented upon the better quality of the coal being supplied. Underground Fires. - No serious fire, due to spontaneous combustion has occurred. The disappearance of this bugbear may fairly be attributed to the continuous use of hydraulic stowage, and to improved ventilation. Notwithstanding this fortunate state of affairs, we endeavour to prevent ourselves from being lulled into a sense of false security by keeping a strict system of patrols going. Hydraulic stowage. - This practice continues to function efficiently, and 13,000 yards of sand per month are regularly sluiced underground to replace current extraction of coal. Ventilation. - This matter is one of the most important that the Colliery engineer is called upon to deal with. At Batu Arang we never case to devote much attention to the subject, and our efforts are reflected in the steady improvement noticeable. Pumping. - Underground pumping practice has been re- arranged, and all mine and stowage water is now handled from a central pumping station, in which are installed four electrically driven turbine pumps, each capable of delivering 500 gallons of water per minute. One of these pumps is held in reserve, to be used in case of breakdown of any other member of the set. Open casts. -These continued to open up well, and work proceeded without interruption throughout the year. Stripping of overburden has been kept well ahead of coal extraction, and 260,000 tons of coal now stand uncovered ready for removal. Surface. - The pit top has been extended and re-arranged, and the mine output can now be handled more efficiently in consequence. A new steel boiler chimney 9ft 3in in diameter, and 132 ft high above ground level, has been erected and put into commission. The old chimney, which was 6ft 3ins in diameter, and 100 ft high has been taken down and shipped to the Borneo Colliery, where it will be re-erected and has many useful years of life ahead. Kundang Sand Pits. - An additional 8 inch nozzle pump, and a 6 inch gravel pump, has been added to the plant here, and a large sluice dam on the farther side of the F.M.S. Government Railway has been put into use. The sand stowage bins have been enlarged, and the additions have been conducive to the smooth working of the sand traffic, which has now assumed large dimensions. In order to minimize the danger of losing tin, the ‘palong’ has been lengthened, and although the mining of sand for hydraulic stowage and underground is the primary object of our operations at Kundang, the revenue derived from the tin recovered during the operation forms a useful set-off to the cost of stowage, and justifies every effort to keep the recovery at as high a point as possible. Labour Employed. - The average number of coolies employed in and about the Colliery during the year was slightly under 2,000. Health and accidents. - The health of the staff and labourers has again been very good, and considering the size of our undertaking the number of accidents has happily been phenomenally few. General- The plant, rolling stock and underground workings have been well looked after, and are in excellent working order. There has been a steady increase in efficiency in all departments, and as showing that this is really so it may be mentioned that the output is now easily maintained with an eight hour working day, as against the twenty-four hour working day which was the order for many years. It goes without saying that the increased efficiency was only obtained through the whole hearted co-operation of the staff, to whom my best thanks are due. Pamoekan Bay Colliery I have the honour to submit herewith my report on the work done at your Pamoekan Bay Colliery during the year ended 31st December, 1922. Production- Coal production for the year amounted to 31, 385 tons, won from development work. Underground Development. - Upwards of 3,000 ft. of headings and cut-throughs have been driven during the year. The progress of the work disclosed the presence of several faults in the seam. Only one dislocation was serious, but in every case the roof in the vicinity of the fault gave trouble. The mine is now in a position to yield an output of 350 tons per eight hour day. By working two or three shifts daily, this amount can be correspondingly increased. In a very short time we shall have coal cutting machines at work, and when this is an accomplished fact the mine will automatically pass from development stage to that of normal production. These machines are electrically driven, and will undercut to a depth of 6 feet. After under-cutting, the coal can be easily shot down in large lumps, and filled away by any ordinary coolie, at a lower cost per ton than has hitherto been the case. During the course of development a small amount of work was done in opening up the lower seam, several outcrops of which were known to exist on the property. The seam, separated from that at present being worked by 40 ft of strata, exhibits the following section:
Bottom Coal |
3ft 4ins. |
Shale |
2ft 6ins. |
Top coal |
1ft 6ins. |
Samples analysed gave the following results:
|
Bottom Sec. |
Top Sec. |
|
3ft. 4ins |
1ft. 6ins |
|
percent. |
per cent |
Moisture |
3.9 |
4.30 |
Volatile Hydrocarbons |
41.93 |
49.50 |
Sulphur |
0.49 |
0.30 |
Ash |
3.88 |
5.88 |
Calorific value of mixed sample 14,300 B.T.U.s Compare these with two typical analyses give below of the best Maitland (Australian) coal, and it will be seen what a marked similarity there is in the composite of the seams.
Maitland (Australian) Coal. |
||
Moisture |
1.27 percent, |
2.36 per cent. |
Volatile Hydrocarbons |
43.14 p.c. |
41.72 per cent |
Fixed carbon |
49.91 p.c |
51.50 per cent |
Sulphur |
1.00pc |
0.77 per cent |
Ash |
4.98 p.c. |
4.35 per cent. |
Incidentally it may be mentioned that, owing to the conservatism and prejudice of users, it was for many years next to impossible to sell Maitland Coal. Now, however, its merit is fully recognized, and no other Australian coal can compete with it on equal terms, either as a gas, household, or steam coal. Being only 40 feet below the one above, it will not be possible to work the lower seam until sections of the upper have been worked out, and the roof allowed to fall. This will not be for twelve months yet. Ventilation. - Up to the present ventilation by natural means has been quite satisfactory; but the workings are extending, and it will soon be necessary to install a ventilating fan. The “ fan drift” is being driven, and we have an electrically driven fan ready for installation at the right moment. Pumping. - Very little pumping has been required until now, but a fairly large pump will be necessary in the near future. As with the fan, we have the requisite unit in readiness to be set up. Surface. - Much has been done in the way of erecting plant and buildings, excavating sites for machinery, cutting drains, filling swamps etc. Power House. - Excavation for the site has been finished, concrete foundations put in, and the generating sets erected. The brick building to cover the sets is well on the way to completion. Boilers and Boiler House - All the necessary excavations have been taken out, foundations finished, and the Babcock and Wilcox boiler and chain gate stoker put together. Bricking the boilers, making steam connections, erecting the covering buildings, and putting up the steel chimney are proceeding. Workshop- A small workshop has been built and equipped with a lathe and radial drill. Ordinary repairs can now be effected on the spot, and this is proving a great convenience. Electric Lighting. -The lighting set has run smoothly during the year and has been of great assistance for filling coal and loading the steamers at night. Wharf. - The new wharf, 256 feet long, and the approach thereto are finished. Our chartered steamers, which are 200 feet long, now have no difficulty in coming along side, and the time of loading has been cut down to one half. Coal Loading Bin. - An excavation has been made in the hillside, near the screens to accommodate a coal box with the capacity of 3,500 tons. Erection of the box itself has not yet started, but the bulk of the heavy timber necessary for its construction is on the ground. Hospital. - The new hospital building capable of accommodating 30 patients is finished, and will be a great improvement on the old arrangement. Bungalows. Two additional bungalows, for the European staff, making four in all were completed and occupied during the year. Another is at present under construction. Coolie Lines. - Three more large coolie lines have been put up, additions and improvements made to existing lines, and a number of small houses built for kranis and kapalas. Health and accidents- The health of all employees has been good. There were no fatal or serious accidents, and even minor accidents were very rare. The staff. - Members of the staff worked hard and well during the year and their efforts have been much appreciated.
The Straits Times, 1 May 1923, Page 10 The Hong Guan Case. Police Court Proceedings At Kuala Lumpur.. (From Our Own Correspondent.) Kuala Lumpur, April 30. Before Mr. Pryde, in the police court this afternoon, the case was taken up in which Ng Hong Guan, who describes himself as a miner, is charged with criminally intimidating J. A. Russell, of Kuala Lumpur. Continued. To read more see the Sources Page for 1923
The Straits Times, 2 May 1923, Page 10 The Hong Guan Case. Allegations of Criminal Intimidation. (From Our Own Correspondent.) Kuala Lumpur, May 1. The case in which Ng Hong Guan is charged with criminally intimidating Mr. J. A. Russell was resumed to day. In the course of his evidence yesterday, Mr. Russell said that he was a partner of J. A. Russell and Co., Kuala Lumpur, and W.R. Loxley and Co., in Singapore and elsewhere. Continued. To read more see the Sources Page for 1923
The Straits Times, 3 May 1923, Page 10 The Hong Guan Case. Sensational Evidence at Kuala Lumpur. (From Our Own Correspondent.) Kuala Lumpur, May 2. The case in which Ng Hong Guan is charged with criminally intimidating Mr. J. A. Russell was resumed to day. Continued. To read more see the Sources Page for 1923
The Straits Times, 4 May 1923, Page 9 The Hong Guan Case. Sensational Termination Of Proceedings. (From Our Own Correspondent.) Kuala Lumpur, May 3. There was a sensational termination in the Hong Guan case this afternoon
The Straits Times, 5 May 1923, Page 10 . Hong Guan Case. Cross-examination of Mr. J. A. Russell. Continued. To read more see the Sources Page for 1923
The Straits Times, 13 June 1923, Page 9 Malayan Collieries. Peck-Russell Suit Argument Opened. (From Our Own Correspondent.) Kuala Lumpur, June 12. The argument in the Peck-Russell appeal was begun in the Appeal Court, this morning.
The Straits Times, 14 June 1923, Page 9 The Peck-Russell Appeal. Legal Argument Continued At Kuala Lumpur.
The Straits Times, 15 June 1923, Page 9 PECK-RUSSELL SUIT. Legal Argument Continued At Kuala Lumpur. Continued. To read more see the Sources Page for 1923
The Straits Times, 23 July 1923, Page 9 Malayan Collieries. Decision in Peck-Russell Appeal Case. (From Our Own Correspondent.) Kuala Lumpur, July 23. In the Supreme Court this morning, judgment was given in the Peck- Russell appeal case.
The Singapore Free Press and Mercantile Advertiser (1884-1942), 24 July 1923, Page 6 MALAYAN COLLIERIES CASE. MR. PECK'S RIGHT TO SUE ADMITTED.
The Straits Times, 24 July 1923, Page 9 . MALAYAN COLLIERIES. . Judgment in Peck-Russell Case. Appeal Allowed with Costs. Continued. To read more see the Sources Page for 1923
The Straits Times, 8 August 1923, Page 9 MALAYAN COLLIERIES. Application for Leave to Appeal To Privy Council. (From Our Own Correspondent.) Kuala Lumpur, August 7. In the Supreme Court this morning Mr. E. D. Shearn, on behalf of the first, and second defendants respondents at the Peck-Russell case, made application for leave to appeal to the Privy Council, against the decision of the F.M.S. Court of Appeal. Mr. Roland Braddell, of Singapore, with Mr. Harte Lovelace, of Kuala Lumpur, appeared for the appellant. Continued. To read more see the Sources Page for 1923
THE MALAY MAIL, THURSDAY SEPTEMBER 27TH, 1923. PECK V. RUSSELL Appeal Application Refused LENGTHY ARGUMENT BEFORE COURT OF APPEAL Continued. To read more see the Sources Page for 1923
THE MALAY MAIL, FRIDAY NOVEMBER 2ND, 1923. MALAYAN COLLIERIES LITIGATION Ng Hong Guan v. J.A. Russell OBJECTION TO REVIVAL OVERRULED
THE MALAY MAIL, SATURDAY, NOVEMBER 3RD, 1923. Mr Russell’s Application Dismissed SUIT TO BE HEARD Continued. To read more see the Sources Page for 1923
The Singapore Free Press and Mercantile Advertiser , 26 February 1924, Page 11 BRITISH MALAYA. A review of Coal Imports. Although her internal need of fuel is, for the most part, supplied by the Rawang Mine of the Malayan Collieries, Limited, or by wood from the jungle, a large quantity of coal is imported by British Malaya for the use of steamers bunkering at Singapore and Penang. In 1921 British Malaya imported 533,343 tons of coal, valued at £1,949,628, and in 1922 547,367 tons, valued at £1,230,062. During the first nine months of 1923 imports were 424,922 tons, valued at £788.842. A comparative statement of the principal countries from which these exports were received, showing quantities and values, is interesting. The principal exporting countries during the first nine months of 1923 were:
|
Tons |
£ |
British Possessions |
155,328 |
271,514 |
Japan |
131,014 |
258,757 |
United Kingdom |
27,158 |
60,218 |
output of Malayan Collieries during 1922 amounted to 281.828 tons.
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1921 |
|
1922 |
|
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Tons |
£ |
Tons |
£ |
U. K’dom |
10,360 |
24,404 |
90,583 |
206,714 |
Japan |
340,007 |
1,254,067 |
226,646 |
533,814 |
Australia |
92,914 |
403,835 |
67,277 |
155,934 |
S. Africa |
11,656 |
27,200 |
76,501 |
160,105 |
THE MALAY MAIL, MONDAY, MARCH 17 TH, 1924. Malayan Collieries Case Opens. PECK v. RUSSELL $1,720,000 CLAIMED. The Straits Times, 17 March 1924, Page 9 MALAYAN COLLIERIES. Cause Celebre at Kuala Lumpur. Opening of Peck-Russell Case. THE MALAY MAIL, TUESDAY, MARCH 18TH, 1924. PECK v. RUSSELL Story of a Coal Concession IGNORED PRINCIPLES OF EQUITY Shareholder Sues Director and Agents The Straits Times, 18 March 1924, Page 9. MALAYAN COLLIERIES, Sensational Case at Kuala Lumpur. Mr. Peck's Allegations Against Mr. Russell. The Singapore Free Press and Mercantile Advertiser (1884-1942), 18 March 1924, Page 6 THE PECK-RUSSELL CASE THE MALAY MAIL, WEDNESDAY, MARCH 19TH, 1924. PECK v. RUSSELL Inception of Alleged Fraud AMAZING DOCUMENTS Dr. Lim Boon Keng’s Peroration The Singapore Free Press and Mercantile Advertiser), 19 March 1924, Page 6 PECK-RUSSELL CASE. THE PLAINTIFF'S ALLEGATIONS The Straits Times 19 March 1924 page 9 MALAYAN COLLIERIES Mr Russell and Borneo Coal Option Second Day’s Hearing The Singapore Free Press and Mercantile Advertiser , 20 March 1924, Page 6 PECK-RUSSELL. MR. BRADDELL CONTINUES. THE MALAY MAIL, THURSDAY, MARCH 20, 1924, p.5 PECK v RUSSELL Second Day’s Hearing, THE MALAY MAIL, THURSDAY, MARCH 20TH, 1924.ps 9 and 16. PECK v. RUSSELL On the Horns of a Dilemma SIGNIFICANT DISCLOSURES The Straits Times, 20 March 1924, Page 9 Third Day of Mr. Braddell's Address. Further Points in Plaintiff's Case. THE MALAY MAIL, FRIDAY, MARCH 21, 1924, p.9 PECK v RUSSELL Fourth Day’s Hearing. THE MALAY MAIL, FRIDAY, MARCH 21, 1924, p.16 PECK v RUSSELL, (page 10 not seen) The Singapore Free Press and Mercantile Advertiser (1884-1942), 21 March 1924, Page 6 PECK vs. RUSSELL. MR. ENGLAND'S EVIDENCE. The Straits Times, 21 March 1924, Page 9 MALAYAN COLLIERIES. Fourth Day -of Important Action. Counsel Finishes with The Facts.THE MALAY MAIL, SATURDAY, MARCH 22ND, 1924. PECK v. RUSSELL Stampeding Peck’s Entourage HOW THE TRICK WAS TURNED Plaintiff’s Claims Outlined. The Singapore Free Press and Mercantile Advertiser (1884-1942), 22 March 1924, Page 8 PECK-RUSSELL. MR. BRADDELL'S INDICTMENT. THE MALAY MAIL, MONDAY, MARCH 24TH, 1924. PECK v. RUSSELL Second Week’s Hearing Begins MR BRADDELL’S FEAT Straits Times 24 March 1924 page 9 Malayan Collieries. Mr. F. C. Peck Commences His Evidence. THE MALAY MAIL, TUESDAY, MARCH 25TH, 1924. PECK v. RUSSELL E.M.R. Co’s Minutes. PLAINTIFF IN THE WITNESS BOX The Straits Times, 25 March 1924, Page 9 MALAYAN COLLIERIES. Evidence Called for The Plaintiff.- Mr. Peck's Three Shares. The Straits Times, 26 March 1924, Page 9 MALAYAN COLLIERIES. Case for the Plaintiff Closed. Counsel on Serious Issues Raised. The Singapore Free Press and Mercantile Advertiser (1884-1942), 26 March 1924, Page 7 PECK v. RUSSELL. SECOND WEEKS HEARING BEGINS. THE MALAY MAIL, WEDNESDAY, MARCH 26TH, 1924. PECK v. RUSSELL Plaintiff’s Case Closed A REPLY TO THE DEFENCE Mr. Carver Opens The Singapore Free Press and Mercantile Advertiser (1884-1942), 27 March 1924, Page 6 PECK v. RUSSELL. THE DEFENCE OPENED. THE MALAY MAIL, THURSDAY, MARCH 27TH, 1924. PECK v. RUSSELL Defence Elaborated. HONG GUAN’S POSITION DEFINED. The Straits Times, 27 March 1924, Page 9 MALAYAN COLLIERIES. Counsel Replies to Plaintiff's Allegations. Position of Mr. Russell's Firm (N.B. Image not available. Not seen). The Singapore Free Press and Mercantile Advertiser (1884-1942), 28 March 1924, Page 6 MR. CARVER'S ARGUMENTS. The Straits Times, 28 March 1924, Page 9 MALAYAN COLLIERIES. Chinese Nominees and The Profits. Foolish But not Fraudulent Documents. THE MALAY MAIL, FRIDAY, MARCH 28TH, 1924. PECK v. RUSSELL Borneo Expedition Explained FOOLISH DOCUMENTS NOT FRAUDULENT. THE MALAY MAIL, SATURDAY, MARCH 29TH, 1924. PECK v. RUSSELL More Documents MR UPCOTT ON THE LAW. The Straits Times, 29 March 1924, Page 9 MALAYAN COLLIERIES. Legal Side of Defendants' Case. Mr. Upcott Addresses The Court. The Singapore Free Press and Mercantile Advertiser (1884-1942), 29 March 1924, Page 8 PECK vs. RUSSELL. RUSSELL'S ACTIONS EXPLAINED. The Straits Times, 31 March 1924, Page 9 MALAYAN COLLIERIES CASE. Continuation of The Legal Argument. THE MALAY MAIL, MONDAY, MARCH 31st 1924. PECK v. RUSSELL Eleventh Day’s Hearing MR UPCOTT CONTINUES HIS ADDRESS. THE MALAY MAIL, TUESDAY, APRIL 1ST , 1924. ps.9 and 16. PECK v. RUSSELL Third Week of Hearing EVIDENCE STAGE REACHED Mr. Upcott’s Submission on Law. The Straits Times, 2 April 1924, Page 9 MALAYAN COLLIERIES. Evidence of Four Absent Witnesses. Amoy, Sourabaya and London. THE MALAY MAIL, WEDNESDAY, APRIL 2, 1924, p.5 PECK v RUSSELL DR. LIM BOON KENGS EVIDENCE, and 9. PECK v. RUSSELL Dr. Lim Boon Keng’s Evidence EXPLANATIONS OF TRANSACTIONS. Malay Mail Thursday April 3 1924 PECK v. RUSSELL DR. LIM BOON KENG’S EVIDENCE Objections to Hearsay Testimony. Malay Mail Thursday April 3 1924 page 9. PECK v. RUSSELL Thirteenth Day’s Proceedings. MR. RUSSELL IN THE DOCK. The Straits Times, 3 April 1924, Page 9 Malayan Collieries. Mr. Russell in the Witness Box.THE MALAY MAIL, FRIDAY, APRIL 4, 1924, ps. 5 & 7 PECK v RUSSELL, ENGLAND’S EVIDENCE CONTINUED, Malay Mail Friday April 4, 1924, p.9 PECK v. RUSSELL Mr. Russell Continues his Evidence. The Straits Times, 4 April 1924, Page 9 (N.B. ARTICLE online but in wrong order) MALAYAN COLLIERIES. Mr. Russell Tells His Own Story. History of Borneo Coal Option.Malay Mail Saturday, April 5, 1924, page 9. PECK v. RUSSELL Fifteenth Day’s Proceedings. The Straits Times, 5 April 1924, Page 10 . MALAYAN COLLIERIES. End of Third Week's Hearing. Mr. Russell's Evidence Nearly Finished. The Singapore Free Press and Mercantile Advertiser (1884-1942), 7 April 1924, Page 6 PECK vs. RUSSELL. The Straits Times, 8 April 1924, Page 9 MALAYAN COLLIERIES. The Fourth Week's Hearing Commenced. Mr. Russell Cross-Examined. The Straits Times, 9 April 1924, Page 9 MALAYAN COLLIERIES. Another day of Searching Questions. Mr. Braddell Cross Examines Mr. Russell. The Singapore Free Press and Mercantile Advertiser (1884-1942), 9 April 1924, Page 8 PECK VS. RUSSELL. The Straits Times, 10 April 1924, Page 9 MALAYAN COLLIERIES. Conclusion of Mr. Russell's Evidence. Keen Cross-Examination. The Singapore Free Press and Mercantile Advertiser (1884-1942), 10 April 1924, Page 7 PECK v. RUSSELL. The Singapore Free Press and Mercantile Advertiser (1884-1942), 11 April 1924, Page 6. The Straits Times 11 April 1924 page 9 MALAYAN COLLIERIES. Further Evidence for the Defence. Mr. Henggeler Called. The Singapore Free Press and Mercantile Advertiser (1884-1942), 12 April 1924, Page 8 LOCAL WIRES. PECK vs. RUSSELL. The Straits Times, 12 April 1924, Page 11 Malayan Collieries. Evidence for the Defence Concluded. The Singapore Free Press and Mercantile Advertiser (1884-1942), 14 April 1924, Page 6 LOCAL WIRES. PECK VS. RUSSELL. Malayan Collieries. [Articles] The Straits Times 15 April 1924, page 8. The Straits Times, 16 April 1924, Page 9 Malayan Collieries. Judgment in Peck-Russeil Case Reserved. The Singapore Free Press and Mercantile Advertiser (1884-1942), 16 April 1924, Page 8 PECK vs. RUSSELL.
Right: The news headlines in the Peck v. Russell Case. 17 March -16 April 1924. To read the case in detail some of the newspaper's coverage of the Peck v. Russell trial can be found on the sources page for 1924.
Some of the Malay Mail coverage is missing, as is some of the Straits Times.
The Singapore Free Press and Mercantile Advertiser (1884-1942), 30 April 1924, Page 9 F. M. S. MINING MATTERS. The Chamber's Report. The 1923 year book of the F.M.S. Chamber of Mines shows that membership totals 289 after a somewhat searching revision of the list. The accounts showed $7,371 receipts and $6,420 expenses, whilst the Chamber had, invested, $5,500. Twelve Council meetings were held during the year. (Summary: government legislation referred to chamber, output, materials, labour, six cases of exhibits sent to Wembly exhibition, paper by Mr. W.R. Jones on origins of tin deposits in Kinta, testing, mine tailings, recommendations carrying capacity of rivers, using silt to improve valueless swamps. The “visits to mines” included a particularly interesting one to Malayan Collieries. Mr. Jones paper: results of bores sometimes gives misleading information, knowledge of processes gives reliable information.) (372 words)
The Straits Times, 30 April 1924, Page 9 Supreme Court. Echo of Malayan Collieries Case. The Goenoeng Batu Besar coal concession, which was the subject of the Malayan Collieries case, has given rise to further litigation which will commence before the Chief Justice (Sir Walter Shaw). There are two cases down for hearing, and in both of them the Eastern Mining and Rubber Co. are suing Mr. Poey Keng Seng formerly chairman of the Company for $413,000 damages in connection with the sale of the option. Mr. G. S. Carver appears for the plaintiffs, and Mr. Laycock for the defendant.
The Straits Times, 3 May 1924, Page 7, The Straits Times, 5 May 1924, Page 14 ,The Singapore Free Press and Mercantile Advertiser , 6 May 1924, Page 11, The Straits Times, 7 May 1924, Page 14, The Straits Times, 7 May 1924, Page 8 , and The Straits Times, 8 May 1924, Page 12. MALAYAN COLLIERIES, LTD. NOTICE OF 10th ANNUAL GENERAL MEETING AND CLOSURE OF SHARE REGISTERS. NOTICE is hereby given that the Tenth Annual General Meeting of the Members of the Company will be held at the Registered Offices of the Company, Hongkong and Shanghai Bank Buildings, Kuala Lumpur. F.M.S. on Tuesday, May 13, 1924 …. J. A. Russell and Co Secretaries, April 29, 1924.
The Straits Times 10 May 1924 Page 8 and Singapore Press and Free Mercantile Advertiser 12 May 1924 page 11 MALAYAN COLLIERIES At the tenth annual general meeting of Malayan Collieries, Ltd., which will be held on may 13, the following business will be transacted: - (1) to receive and consider the balance sheet and accounts to Dec 31 1923, and the reports of directors and auditors; (2) to declare a final dividend; (3) to declare director’s remuneration;(4) to elect directors in place of those retiring; (5) to elect auditors for the coming year. The retiring directors are Mr. Alexander Grant Mackie and Mr. J. A. Russell, the former of whom is retiring from the country at an early date and does not seek re- election. Mr. J. A. Russell being eligible offers himself for re-election. The Hon. Mr. D. H. Hampshire, having been invited to join the Board, offers himself for re-election.
The Straits Times, 12 May 1924, Page 12 , also printed in the Malayan Tin and Rubber Journal Vol. XIII No 10, 31 May 1924. p. 627 and 628. MALAYAN COLLIERIES LTD. Directors' Report for the Past Year. The directors of Malayan Collieries, in the course of the tenth annual report and statement of accounts, for the year ended December 31, 1923 state: - Property. - The position remains the same as reported last year. No title has issued by the F.M.S. Government to the company for its extra 100 acres at Kundang. Kundang Sand Pits. - The company continued to win tin ore from this property, which ore to some extent off-set the cost of sand-stowage. Batu Arang. - Operations at this colliery functioned smoothly throughout the year. The property is in sound condition and well maintained; while the problem of underground fires, which at one time threatened its existence, seems to have been effectively solved. The colliery is capable of a considerably increased output should a local demand for more coal arise. Labour Trouble. 0. Pamoekan Bay. -The operation of this colliery unfortunately sustained a very serious set-back during the year, due to an incident arising out of friction between the Chinese Underground miners and the Javanese surface labour, which antagonism culminated in a grave disturbance attended with considerable loss of life to both parties. Owing to the request of the Dutch officials to the effect that the Chinese labour concerned in the riot be deported, unskilled Javanese had to be drafted into the underground workings. These men being unused to underground work, the output of the mine was most adversely affected, being temporarily reduced to small proportions incidental to the initial stages of development. Although the Javanese at present being employed underground have gained in experience and are showing improved mining capacity, it is evident that they are not entirely suited to work of this specialized character and picked Chinese underground Miners are therefore gradually being shipped across to Pamoekan Bay. To avoid further disagreement, the present plan is to open two mines, operating the principal one with Chinese and the other with Javanese miners. The stoppage and subsequent diminution of coal production had a two-fold adverse effect upon the company’s profits. Not only did the reduced output produced by the unskilled labour remaining on the mine cost more to win, but the curtailment increased the overhead charges per ton, and, what was far more serious, rendered idle for some time the company’s fleet of three colliers, the liability for charter money upon which vessels (an exceedingly heavy item) continued to accrue. In consequence of this fatal riot, the year’s operation of the Pamoekan Bay Colliery resulted in a trading loss of $76, 089.56. It is the more regrettable because the virtual stoppage of output occurred at a time when, the quality of Pamoekan coal having been established, the demand for it had considerably increased and still is increasing, a demand which the mine can as yet only partially supply; but it is hoped that it will shortly be able more fully to meet. Pamoekan Bay Option. Your Board has recently considered an offer made to it to acquire from the company for the sum of $60,000 an option to purchase the Pamoekan Bay property at the price of $4,000,000. Your board, however, does not consider the offer to be sufficiently attractive. Should an offer be received which in the opinion of your board it might be desirable to accept, this offer, together with the board’s recommendation, would be submitted to the shareholders for their consideration. It should, however, be stated that your board is not contemplating disposing of the property, and no sale at any price would be entertained unless the purchaser bound himself and his successors not to compete with Malayan Collieries, Limited, within the area of the F.M.S. Local Coal market. - Although the year opened badly it closed firmer and with greater demand, due mainly to the improved conditions in the tin mining industry. Guilder Fluctuation. - The company’s average rate of exchange for the conversion of Straits Dollars to Dutch Guilders for 1922 was Straits $100,00= guilders 134.19, while the average rate for 1923 has been $100.00= guilders 140.02. This depreciation of the Dutch guilder, it will be observed from the accounts, has been written off. Suit by Mr. Peck. - This case has now been heard and is still sub-judice, judgment having been reserved.. Profit. The profit for the year under review, subject to directors’ fees, and audit fees, amount to $871,193.19, to which is added the unappropriated balance from the previous account of $148,347.63, totalling $1,019,540.82. Two interim dividends of 5 per cent and 7 ½ percent respectively, were paid during the year, absorbing $387,500 and leaving $632,040.82. You will be asked to sanction fees to the directors in respect of 1923 $12,000, the Auditors have rendered their account for $2,000, leaving available $618,040.82, which your directors recommend should be dealt with as follows: - Payment of final dividend of 10 per cent (making 22 ½ per cent for the year) $310,000, write off mine development account $155,457.02, balance to carry forward to next year’s account $152,583.80 (Subject to an appropriation for staff bonus, to be left as formerly to the discretion of the board.) Directors. - The retiring Directors are Mr. Alexander Grant Mackie and Mr. John Archibald Russell. Mr. Alexander Grant Mackie is retiring from the country at an early date, and does not seek re-election. Mr. John Archibald Russell being eligible offers himself for re- election. The Hon. Mr. Dugan Homfray Hampshire, having been invited to join the board, offers himself for election. Auditors. – Messrs. Evatt and Company retire, but being eligible offer themselves for re-election. (885 words)
The Straits Times, 14 May 1924, Page 9, and the Malay Mail, (with slightly different wording) of Wednesday May 14, 1924, ps. 9 and 16. Also covered in the Malayan Tin and Rubber Journal Vol. XIII No. 10, 31 May 1924, p 625-628. Malayan Collieries. Proceedings at the Annual Meeting. (From Our Own Correspondent.) 0. Kuala Lumpur, May 13 . The tenth annual general meeting of the Malayan Collieries, Ltd., was held at noon to-day, at the offices of the secretaries, Messrs. J. A. Russell and Co. There were present Messrs. J. A. Russell, (in the chair), A.A. Henggeler, R. P. Brash, Chew Kam Chuan, (directors), N.E.S. Gardner, F. C. Peck, J. Bligh Orr, Russell F. Gray, H. Hopson Walker, F. Cunningham, E.E. Deacon, B.J.P. Joaquim, F.B. Ivens of Bannon and Bailey (Company solicitors), by attorney: H. N. Ferrers, Mrs. F. G. Boddington, Mr. H. D. Brown (Representing the Secretaries J. A. Russell and Co.). F. Thorogood, attorney for Mr. H. N. Ferrers. The notice convening the meeting was read by Mr. Brown. 0. The Chairman addressed the meeting as follows: The Report and Accounts having been circulated I am assuming that you will accord me the customary permission to take them as read and I will therefore, proceed to make a few remarks upon the Balance sheet before you. Taking first the left hand side of the Accounts, you will see that the Capital issued and subscribed remains the same as formerly. With a larger turn over the amount due at the end of the year to sundry creditors stands at $251,645,59, showing an increase over the previous year of $13,815.15. The whole of the sum due to sundry creditors has since been discharged, with the exception of a liability to the Netherlands East Indies Government in respect of Government Royalty, the exact amount of which has not yet been definitely ascertained but has nevertheless been fully provided for. The warrants represented under the heading “Unpaid Dividends” have also since been practically all presented and paid. Reserves remain at the same figure except for an increase of $37,500 to mine amortization and of $2,500 to Staff Leave and Passage Reserve. The Total of Reserves now stands at $1,308,750 but this does not include the Bad Debts Reserve of $75,000. Turing to the assets side of the balance sheet, our lease-hold property remains at its written down figure of $1,000,000, which sum, however, does not contain the book value of the Pamoekan Bay lease. The Dutch Government leases of the Pamoekan Bay Colliery and the adjoining timber concession are comprised under the heading Investments, being shown there as being the whole of the Share Capital at cost of the Mynbouw en Handel Maatschappij Goenoeng Batu Besar, the company holding these leases. The book value of this investment being $1,600,000, the total value in the Company’s books of its landed property is consequently $2,600,000. 0. Comparative Statistics. 0. Development Account amounts to $530,457,02 as against $499,472.44 for the year 1922. Railway sidings are written down to a round figure of $100,000. Our buildings, after being depreciated by $25,481,19 stand at $300, 877 as compared to with $289,815,75 for the previous year. After allowing for depreciation, wharf and harbour Account has increased from $31,235,17 to $59,721. During the year $95,316,91 was spent upon additional plant and machinery, $85,019,26 has been written off by way of depreciation, and the total account now stands at $835,800 as against $ 825,502 for 1922. An extra $19,035,85 has been spent upon the Steam Launch account, but the sum of $24,035, 85 having been written off it, the balance at $25,000 is less by $5,000 than the former total of this account. The aggregate of all sums of depreciation written off assets for 1923 is $139,768,47 as compared with $121,956 written off assets for 1922. This depreciation figure does not include the sum of $35,118,18 written off the Guilder Fluctuation Account. The mining and other stores and requisites carried by the company to facilitate its operations have been valued on a conservative basis at $229,478,12. The stocks of unsold coal on dumps and afloat at the end of the financial year were valued at $117,923,26. Sundry Debtors at the end of the year owed the company a total sum of $476,160,74, which sum is shown in the Balance Sheet as an asset worth $401.160,74, the ample reserve of $75,000 having been allowed for contingency of bad debts. At the close of the previous year the sum due to the company was $417,984,37 and the reserve allowed for bad debts was $60,000. Out of this reserve for $60,000 the sum actually written off for bad debts during 1923 was $8,381,90 or less than one quarter of one per cent. of the Company’s revenue for that year. 0. It was considered the wiser course to write off the amount of depreciation incurred upon Dutch Guilders rather than to carry the same to a suspense account until such time as the conversion rates improves. 0. At the end of the year the company had cash in hand and at Bank to the extent of $109,302,26, having just disbursed a Dividend on December 21. 0. The Year’s Profit. 0. Looking at the profit and loss account you will see that the cost of operating our Collieries during the year was $1,813,960,26. Of this amount $230,984,58 was spent on Development, leaving $1,582,975,68 as the actual cost of winning the coal. We paid a further sum of $741,159,07 in transporting the coal and $138,833.23 in royalties upon it. These three items, less the money spent on Development amount to $2,462,967,98. The corresponding figure for the previous year was $1,977,570,85. Our total revenue was $3,576,681,63 as against $2,999,923.59 for the previous year, and our net profit is $871,193.19 as against $764,869,65 for the previous year or an increased profit of $106,323.54. To the above profit has to added the balance brought forward from the previous account of $148,347,63 making a total of $1,019,540,82. Out of this latter amount the Company has already paid two interim dividends totalling to 12 and a half per cent, absorbing $387,500, - and leaving available a balance of $632,040,82. Your Directors recommend the distribution of a final dividend of 10 per cent for the year, which final distribution will absorb $3,100,000, - and that the sum of $155,457,02 be written off Mine Development Account reducing this item to a round figure of $375,000. 0. The auditors have rendered their account for $2,000 and you are requested to sanction a sum of $12,000 as directors’ fees. These appropriations will leave a balance of $152,583,80 which amount, subject to payment of a bonus to staff, your Directors recommend should be carried forward to the 1924 account. As in previous years, the amount of the staff Bonus your Directors ask you to leave to them to fix in consultation with the General Manager. 0. I do not think there is need for me to add much more to what I have said, as such general information as I could give you is already contained in the Directors’ Report and the General Manager’s Mine Report before you. The consumption of Batu Arang Coal continues to expand, even if only slowly so. On the other hand the demand for the product of our Pamoekan Bay Colliery has increased greatly and, could we but supply it, we could sell more of this fuel than we can of Batu Arang Coal. Unfortunately, our output at Pamoekan Bay has not yet recovered from the disastrous episode of last year referred to in the Directors’ Report. The result of the repatriation of the original force of skilled Chinese Miners, entailing as it did, the training of a new underground gang of Javanese operators and the re-constitution of a fresh force of Chinese miners, has been far reaching in its consequences and, temporarily, economically detrimental in its effects. This re-organization of the whole labour force has been a slow process and is even not yet accomplished. I fear I must confess that the Javanese have been most disappointing as underground workers and that there seems to be little chance of any marked improvement in outurn until we have again several hundred Chinese, this time men of selected character, upon the Mine. More of such men are being sent to Pamoekan Bay each month, and before the end of the current year we ought to have quite as many skilled miners of this nationality as we possessed on the mine before last year’s calamity, Our output is once more creeping up, in another two or three months’ time we trust that it will have arrived at the daily figure to which it had obtained when the trouble occurred, while before the completion of the year we hope it will have greatly surpassed that figure. With this contingency in mind, we are now negotiating further charters and hope shortly to be able to supply our customers with greater quantities of coal. 0. Changes in Staff. 0. Certain changes have also been made to the European staff at the mine, the services of five members of which have been discontinued, and new men have been or are being engaged to replace them. 0. During the year one of your directors, the Hon. Mr. R. P. Brash, upon behalf of the Board, visited Pamoekan Bay, and inspected the Company’s property there. Incidentally Mr. Brash was present on the mine when the riot took place. 0. The lower seam of better coal which I mentioned last year is still untouched, as it would be unwise to embark upon additional workings until our old ones are again on a stable basis. 0. Reference is made in the Directors’ Report to the Company having been approached for an option over the Pamoekan Bay Colliery. I think that may be no harm in my saying that the offer comes from one of the Company’s customers who has been unable to obtain the quantities of Pamoekan Bay Coal for which he requisitioned. He has indicated that he is willing to pay $60,000 for a three or four month’s option, giving him and his backers the right to purchase for $4 million. Your Directors consider the property to be worth more than this sum and have written declining the offer. Despite the labour troubles, your Directors are not at all anxious to dispose of the property; they do not forget the obstacles encountered during the first four years of the Batu Arang Collieries’ existence, troubles which at the time seemed far graver than anything now afflicting Pamoekan Bay. 0. I wish in conclusion on behalf of the Company to thank the General Manager, Mr. Barr, the Manager and staff at Batu Arang and the Manager and such of the staff as are remaining at Pamoekan Bay for their work during the year, and in this I am sure you will heartily join me. 0. I now beg formerly to move that the report of the Directors produced, together with the statement of the Company’s Accounts as at December 31, 1923, duly audited, be now received, approved and adopted, which motion I will ask Mr. A. A. Henggeler to second; but before putting it to the meeting I shall first endeavor to answer, if I consider that I can and should properly do so, questions upon the Report and Accounts which shareholders present may care to put. 0. Mr. Henggeler seconded the motion. 0. Mr. Peck Speaks. 0. Mr. F. C. Peck said he would like to propose that such business as would not likely to be controversial be dealt with at the meeting and that the meeting should then be adjourned until after the judgment in the case. In the present circumstances, he could not speak freely with regards to the suit and other matters which were directly or indirectly connected with it. One of his reasons was as to the advice which would be given on the question of appeal. He certainly had no wish to speak on a matter which was sub judice. 0. The chairman thought it would be better to deal with each item as they came along, and Mr. Peck could if he desired object to each item at the proper time. 0. Mr. Peck asked whether by that the chairman intended to object to his proposal. 0. The Chairman: Will you form a proposal that the whole of this meeting stands adjourned. 0. Mr. Peck said that the general matters as to the directors’ remuneration and election of directors should be considered after the suit. 0. The chairman said that if Mr. Peck was not prepared to propose that the whole meeting stand adjourned they would have to continue. 0. Mr. Peck then agreed to the Chairman’s suggestion. 0. Mr. Peck: There is another little matter. I notice that on the agenda there is no item of “ general”. That item had always appeared in previous reports. It is a small matter and no doubt a slip. 0. The Chairman said that the meeting had been called only for the particular purposes mentioned on the agenda. 0. Mr. Hopson Walker said it was usual to have another item on the agenda. It had always been there before. 0. The Chairman inquired what the item was. 0. Mr. Hopson Walker: To transact any other business which might arise. 0. The Chairman replied that there was no justification to have any special item. 0. Mr. Peck then said that it was only right that that company should have absolutely independent legal advice. He did not intend to say anything against Mr. Ivens but Messrs Bannon and Bailey, who had been appointed as the company’s solicitors in connection with his suit, had previously been consulted by Mr. Henggeler and perhaps by others in the matter of his suit. In the circumstances he thought they should have another firm of solicitors. 0. Mr. Peck was speaking further on the point when the chairman interrupting, said he could not allow him to go on speaking further. If Mr. Peck desired to discuss such a matter he could call a meeting of his own, but that meeting had been called to discuss the balance sheet and accounts before the meeting. 0. Mr. Hopson Walker said that this agenda differed from those issued in other years. 0. The Chairman: The item was left out deliberately because that company had been called for those particular purposes and not to give a chance to Mr. Peck for a little propaganda. 0. Mr. Peck next inquired with regard to the 51,000 shares which were admitted to have been in fictitious names and deposited with the company’s solicitors, whether he was right in thinking that they had really been issued. It was a small point, but it seemed to him a difficult thing to decide on. 0. The chairman: Those shares have been allotted. 0. Mr. Hopson Walker: In accordance with the enactment? 0. The Chairman: Yes. In accordance with the enactment. 0. The proposal for the adoption report and accounts was then put to the meeting and carried, there being three dissentients. 0. The Chairman proposed the payment of a final dividend of 10 per cent making 22 and a half percent for the year. 0. The Hon Mr. R. P. Brash seconded. - Carried. 0. Mr. Deacon proposed the payment to the directors of $12,000 as fees to be divided amongst themselves as they may agree. 0. A member (Mr. Cunningham according to the M.M.) seconded. 0. Mr. Peck thought that no fees should be paid to the directors at the present time. This, he thought, was one of the controversial matters. 0. Mr. Hopson Walker agreed with Mr. Peck. He thought this matter should stand over. 0. The resolution was put to the meeting and carried with three dissentients. 0. Mr. Deacon proposed the re election of Mr. Russell as director a shareholder (Mr. Cunningham M.M.) seconded. 0. Mr. Hopson Walker: I propose that this be allowed to stand over. It is a matter which should be held over for the present. 0. Mr. Peck seconded. 0. Mr. Deacon’s proposal on being put to the meeting was carried with two (three according to the M.M.) dissentients. 0. Mr. Henggeler proposed and Mr. Russell Gray seconded that D. E. Hampshire be elected as a director. 0. Mr. Peck said that he had that morning attended a meeting of the Utan Simpan Rubber Company when Mr. Russell was re elected to that board of which Mr. Hampshire was chairman. In those circumstances he did not think Mr. Hampshire should be allowed to come to the board. (From M.M. Mr. Peck: “ Sir, this morning I attended the meeting of the Utan Simpan Rubber Co., at which Mr. Hampshire presided, and at which he proposed the re-election of yourselves to the board of that company. Under those circumstances Mr. Hampshire’s election should not be approved” 0. Mr. Hopson Walker thought this was another of the matters that should be held over. He did not oppose Mr. Hampshire joining the board, but he thought it should be held over for the present. 0. The original motion on being put to the meeting was carried two voting against. 0. The Chairman, in reply to Mr. Peck, said that all the items on the agenda having been dealt with there was no reason why the meeting should be adjourned. But if desired another meeting can be called and no doubt would be called. Mr. Peck can always call a meeting and the directors were always willing to give him every facility. He further explained that as certain matters were sub judice it was desired to confine that meeting to the five items on the agenda. Mr. Hopson Walker: Do I take it that this meeting is adjourned sine die? The Chairman: No, this meeting is concluded. A vote of thanks to the chair terminated the proceedings. (N.B. Slightly different wording for last section of meeting in “Malay Mail” and “Tin Mining and Rubber Journal”) (2824 words)
The Singapore Free Press and Mercantile Advertiser (1884-1942), 14 May 1924, Page 1 THE DAY'S NEWS. Malayan Collieries meeting evoked protests from Mr. Peck.- page 6
The Singapore Free Press and Mercantile Advertiser (1884-1942), 14 May 1924, Page 6 Mr. F. C. Peck arrived in Kuala Lumpur on Sunday to attend the general meetings of Malayan Collieries, Ltd. and Utan Simpan Rubber, Ltd.
The Singapore Free Press and Mercantile Advertiser (1884-1942), 14 May 1924, Page 6 MALAYAN COLLIERIES. MR. PECK INTERVENES. (From Our Own Correspondent). Kuala Lumpur, May 13.. The general meeting of Malayan Collieries was held to-day, Mr. J. A. Russell presiding. The Chairman exhaustively reviewed the past year's working, resulting in a net profit of $871,193. A dividend of ten per cent, making…. (etc.) (523 words)
The Straits Times, 15 May 1924, Page 9 Peck-Russell Case. Judgment Delivered at Kuala Lumpur To-day. (From Our Special Correspondent.) Kuala Lumpur, May 15. Judgment was given in the Supreme Court, this morning, by Mr. Justice Whitley in the Malayan Collieries case, in which Mr. F. C. Peck, Singapore, sued Mr. J. A. Russell, Messrs. Russell and Co., and Malayan Collieries. Plaintiff had claimed $1,720,000 damages and interest thereon, alleging that this amount was profit, which Mr. Russell and his firm wrongly made out of a deal with Malayan Collieries over the Goenoeng Batu Besar coal-mine, situated in Dutch Borneo. The plaintiff was represented at the hearing by Mr. Roland Braddell, of Singapore, and Mr. W. G. W. Hastings, of Kuala Lumpur; the first and second defendants (Mr. Russell and Messrs. Russell and Co.,) by Mr. M. J. Upcott and the Hon. Mr G. S. Carver, both of Singapore, and Mr. E. D. Shearn, of Kuala Lumpur; and Malayan Collieries by Mr. F. B. Ivens, of Kuala Lumpur. In his judgment, his Lordship said that the balance of the finding on fact was in favour of the minority shareholders. The question of relief would be further considered. (188 words)
The Straits Times, 15 September 1924, Page 3 Although Malaya's internal need of fuel it largely met by the Malayan Collieries, Ltd., which are situated in the State of Selangor, or by wood from the jungle, a large quantity of coal is imported into Malaya for the use of steamers bunkering at Singapore or Penang. During the first five months of the current year imports amounted to 259,941 tons, valued at £449.851, as compared with 216,921 tons, valued at £414,534 in the corresponding period of 1923.
The Singapore Free Press and Mercantile Advertiser (1884-1942), 1 October 1924, Page 8 THE KING OF SIAM AT K. L. (From Our Own Correspondent). Kuala Lumpur, Sept. 30. The special train with the King of Siam on board, arrived yesterday sharp on time. Ceremonial receptions were accorded on the station platform, where His Majesty was received by a guard of honour of the Royal Sussex Regiment, the band playing the Siamese National Anthem. After the introductions and presentations, His Majesty was escorted to the hotel, where accommodation had been reserved for his use. The Sultan of Selangor, the Raja Muda of Selangor, the Yam Tuan Besar of Negri Sembilan and numerous other Malay chiefs were among those presented. The visitors fully availed themselves of the use of the cars which had been placed at their disposal last night, when they made a round of the town. This morning a party of Siamese golfers played on the Selangor Golf Club’s links, the local men participating being Elkins and Hiam. Another party visited the Malaya Collieries. (168 words)
The Singapore Free Press and Mercantile Advertiser (1884-1942), 6 October 1924, Page 6 FLOODING AT BATU ARANG. (From Our Own Correspondent). Kuala Lumpur, Oct. 4. Russell and Company state that an inrush of water was encountered in the early hours of Oct. 3rd in Malayan Collieries, in the mine at Batu Arang. The flooding is in the north mine working position but is well in hand and it is stated the mishap will not affect the output. (64 words) Untitled [Articles] The Straits Times, 6 October 1924, Page 8 The Malay Mail is informed by Messrs. J. A. Russell and Co. that an inrush of water was encountered in the early hours of the 3rd inst. at Malayan Collieries mine at Batu Arang, flooding the North Mine workings. The position is well in hand and the company states that the mishap will not affect the output. (58 words)
The Straits Times, 29 November 1924, Page 7 and , The Straits Times, 6 December 1924, Page 13 MALAYAN COLLIERIES, LTD. NOTICE OF DECLARATION OF DIVIDEND No. 15 AND CLOSURE OF SHARE REGISTERS. ( Second interim dividend of 7 ½ % 0. (177 words)
The Straits Times, 2 December 1924, Page 8 The tonnage of coal mined by Malayan Collieries. Ltd., in October, was:- Batu Arang: Mine (F.M.S.) 35,699 tons; Pamoekan Bay Mine (S. E. Borneo) 7,792 tons. It is intended to publish details of output monthly in future. (37 words)
The Straits Times, 20 December 1924, Page 9 and The Singapore Free Press and Mercantile Advertiser (1884-1942), 23 December 1924, Page 11 Malayan Collieries, Limited. The following circular dated December 18, 1924, has been issued to the shareholders of Malayan Collieries, Ltd., Dear Sir or Madam, The Board of Directors have arranged that from January 1, 1925, the general management of the business of the company will, subject to the control of the board, be undertaken by Mr. James Barr, B.E., the present General Manager.. Mr. Barr’s powers of management are being increased, while Mr. H.D. Brown remains the Company’s Secretary. The board have also arranged that the office of the Company will be transferred to Laidlaw Buildings, Java-st., Kuala Lumpur, as from January 24. Yours faithfully. Malayan Collieries Ltd. HY.D. BROWN, Secretary . By order of the Board. Kuala Lumpur, F.MS., December 18, 1924.
To be Continued.
Partial coverage of the Eastern Mining and Rubber Co.'s Cases can be read on the sources page here:
The Straits Times, 1 May 1924, Page 9 A Coal Concession. Eastern Mining and Rubber Co.'s Claim. The Singapore Free Press and Mercantile Advertiser, 2 May 1924, Page 12, COMPANY LITIGATION. SERIOUS ALLEGATIONS AGAINST LOCAL DIRECTOR. The Straits Times, 2 May 1924, Page 9, Borneo Coal Option. The Singapore Free Press and Mercantile Advertiser, 8 May 1924, Page 12, and edited version in The Straits Times, 8 May 1924, Page 9, Borneo Coal Option. The Singapore Free Press and Mercantile Advertiser, 9 May 1924, Page 7, EASTERN MINING CASE. The Singapore Free Press and Mercantile Advertiser, 22 May 1924, Page 12, EASTERN MINING CASE. FURTHER CLAIMS. AGAINST POEY KENG SENG. The Singapore Free Press and Mercantile Advertiser, 23 May 1924, Page 12, EASTERN MINING CASE. The Singapore Free Press and Mercantile Advertiser, 23 May 1924, Page 12, EASTERN MINING CASE. The Singapore Free Press and Mercantile Advertiser, 6 October 1924, Page 6 EASTERN MINING CASE. MOTION FOR NEW TRIAL REFUSED.The Straits Times, 15 November 1924, Page 9, SINGAPORE LITIGATION. Important Cases for Court Of Appeal. The Straits Times, 27 November 1924, Page 9 APPEAL COURT. Mr. Poey Keng Seng's Appeal Dismissed.The Singapore Free Press and Mercantile Advertiser , 27 November 1924, Page 12, EASTERN MINING CASE. THE APPEAL DISMISSED Judge’s Severe Criticisms.
For coverage of the judgment in the Peck- Russell case and its aftermath see sources for 1924 here. The Straits Times, 15 May 1924, Page 9 Peck-Russell Case. Judgment Delivered at Kuala Lumpur To-day.The Straits Times, 16 May 1924, Page 9 Malayan Collieries. Judgment in the Peck-Russell Case. The Straits Times, 16 May 1924, Page 9 Malayan Collieries. Judgment in the Peck-Russell Case.The Singapore Free Press and Mercantile Advertiser, 17 May 1924, Page 8, copied from the Malay Mail, Thursday, May 15, 1924, ps. 9 &16. COLLIERIES CASE. MR. JUSTICE WHITLEY'S JUDGMENT. Who Wins? Malayan Saturday Post, 17 May 1924, Page 9 . Malay Mail, Tuesday, May 20th, 1924 THE COLLIERIES CASE Mr. Justice Whitley’s Judgment. Malay Mail, Wednesday, May 21st, 1924 THE COLLIERIES CASE. The Malayan Saturday Post. May 24, 1924. The Collieries Judgment. “Who wins?”Malay Mail, Monday, June 2nd, 1924 PECK V. RUSSELL The Form of the Decree LENGTHY ARGUMENTS BEFORE MR. JUSTICE WHITLEY.The Straits Times, 2 June 1924, Page 8 On Other Pages, Malayan Collieries Proceedings 9.The Straits Times, 2 June 1924, Page 9 Malayan Collieries. Counsel Argue Question Of Relief. Malay Mail, Wednesday, June 4th, 1924 PECK V. RUSSELL Question of the Decree. The Straits Times, 4 June 1924, Page 9, Malayan Collieries. Judge's Finding as To Compensation. Malay Mail, Thursday, June 5th, 1924, and The Straits Times, 5 June 1924, Page 9 MALAYAN COLLIERIES. Court's Findings Regarding Compensation. The Straits Times, 7 June 1924, Page 8 Editorial. The Straits Times SATURDAY, JUNE 7. Malay Mail, Thursday, June 19, 1924. p.9 PECK v. RUSSELL Period of Stay Expires. NO APPEAL ENTERED.The Singapore Free Press and Mercantile Advertiser 26 June 1924 page 6 THE COLLIERIES CASE RUSSELL LODGES AN APPEAL
For press coverage of Hong Guan in 1924 go to the 1924 sources page here: The Singapore Free Press and Mercantile Advertiser (1884-1942), 3 November 1924, Page 7 RUSSELL AND HONG GUAN. BANKRUPT'S STORY OF CONCESSION TRANSACTION. Malay Mail, Monday November, 3, 1924, p.9 Ng Hong Guan and Mr. Russell.The Malay Mail, Saturday, November 8, 1924 p. 9, Hong Guan Bankruptcy. Judge’s Comments on Russell’s Transactions.
For the Russell's response to the Peck vs Russell verdict see sources for 1924 here: The Malay Mail, Saturday, October 4, 1924, p.9 and The Malayan Tin and Rubber Journal Vol. XIII, No. 19 15 October 1924. p. 1,212. Malayan Collieries Position of Managing Agents. Circular to Shareholders. The Straits Times 6 October 1924 page 10, Malayan Collieries. The Change of Management Questioned. The Singapore Free Press and Mercantile Advertiser, 6 October 1924, Page 6 RUSSELL REDIVIVUS. The Singapore Free Press and Mercantile Advertiser, 6 October 1924, Page 6 SINGAPORE FREE PRESS. MONDAY, OCTOBER 6, 1924.The Straits Times, 8 October 1924, Page 9 and The Malay Mail, Tuesday, October 7, 1924. P.9 MALAYAN COLLIERIES. Mr. R. C. Russell's Circular To Shareholders. Malayan Saturday Post, 11 October 1924, Page 12 MALAYAN COLLIERIES. "On with the Dance."The Malay Mail, Saturday, October 18, 1924, p. 9 Malayan Collieries. Change of Management Proposal. Requisitionists Fail. The Singapore Free Press and Mercantile Advertiser, 20 October 1924, Page 6. Malay Mail Monday October 20, 1924, pages 9 and 16, and The Malayan Tin and Rubber Journal. Vol. XIII No. 20 31 October 1924, page 1.269. MALAYAN COLLIERIES. Proposed Change of Management. THE SHAREHOLDERS' VERDICT. The Straits Times, 20 October 1924, Page 9, MALAYAN COLLIERIES. Shareholders Support The Directors. The Singapore Free Press and Mercantile Advertiser, 21 October 1924, Page 6. Malayan Saturday Post 25 October 1924 page 12 MALAYAN COLLIERIES The Russell Coup Fails.
For Mr. Peck's accusations against Dr. Birnie and his reply see sources for 1924 here: The Straits Times, 14 October 1924, page 10, Extraordinary Company Promoting. The Straits Times, 15 October 1924, Page 10 , To the Editor of the Straits Times. The Straits Times, 15 October 1924, Page 10 Extraordinary Company Promoting. The Straits Times, 17 October 1924, Page 10. Menoehan Coal Mines, Limited. The Straits Times, 17 October 1924, Page 8, The Straits Times (Leader) FRIDAY, OCTOBER 17. COMPANY PROMOTION.
