November i, 1901.] 



THE INDIA RUBBER WORLD 



37 



I have seen the Chinese putting stones in the center also and 

 inferior Gutta and dirt, and other substances, so you will see it 

 is no wonder this Gutta brings such a low price. The govern- 

 ment, if they want to build up a reputation for Philippine Gutta, 

 should prohibit the Chinese from dealing in it, and allow none 

 of it to be exported unless tapped and stamped to show where 

 it comes from. I do not claim to know much about Gutta, 

 though I have handled a great deal of rubber in Madagascar, 

 but as I am the only white civilian in this pueblo, and being 

 interested in the development of the country, I give you those 

 facts for the benefit of your readers. 



Since I have written the above the government has done 

 the right thing. The government has issued an order that 

 any more rubber or Gutta collected by destroying the trees 

 will be confiscated. 

 Cattobatto. Island of Mindanao, P. I., August 28, 1901. 



AN EVIDENCE OF OFFICIAL INTEREST. 



To THE Editor of The India Rubber World : The For- 

 estry bureau of the Philippine Islands would be under many 

 obligations to you if you would furnish us with a list of the 

 most valuable and practical books on the subject of rubber and 

 Gutta-percha. The enclosed list is one furnished by the Agri- 



cultural department at Washington, and is submitted to you for 

 any additions you may wish to make. 



There is a large area in the Philippine Islands in which we 

 find Gutta-percha and many varieties of rubber. At present 

 there is no one to properly investigate our resources in that 

 line, and the initial steps have been taken by awakening an in- 

 terest in the Forestry schools at Yale and Cornell. These 

 schools will gather together all the available literature on the 

 subject ; will call on the Agricultural department for its rubber 

 expert to deliver a few lectures ; practical rubber men will be 

 asked to give the young men a few talks on the subject. These, 

 combined with a few visits to rubber works will be sufficient 

 for the present. The force of foresters for the Philippines will 

 be largely drawn from the young men of these two schools, and 

 it is hoped that a few of them will be qualified within the next 

 year or two to properly investigate and control these valuable 

 products. 



Any suggestions you might offer will be appreciated. I re- 

 turn to the Philippines in a week or two. - - - - Yours 

 respectfully, GEORGE P. ahern, 



Captain gth Infantry. 

 In Charge Philippine Forestry Bureau. 

 Washington, October 18,1901. 



CRUDE RUBBER CONTRACTS. 



THE subject of contracts in dealing in crude rubber comes 

 up in various ways, and at times in such a manner as 

 to cause irritation and engender ill feeling. Hence it 

 has occurred to me that a statement of how such con- 

 tracts are entered into and the customs regulating the same 

 might clear the atmosphere and bring out such comment as 

 will be to the mutual advantage of buyers and sellers. During 

 the past decade there have been, probably, a greater number of 

 differences between buyers and sellers but for smaller amounts 

 than during the previous ten years. 



The following questions occur to me for consideration by 

 which it will be seen that a wide subject is opened up : 



First. What is a contract ? 



Second. What kind of a contract is made ? 



Third. How are these contracts signed ? 



Fourth. How does the buyer accept the contract.' 



Fifth. Can a seller cancel a contract ? 



Sixth. Can a buyer cancel a contract ? 



Seventh. If differences arise how are they adjusted ? 



Eighth. Over or under deliveries — how to be treated ? 



Ninth. A contract expires undelivered by seller. How shall 

 buyer govern himself? 



I. Webster defines the word Contract : " To enter into ; to be 

 liable to ; to incur ; to gain." The synonyms are : " to shorten ; 

 abridge; epitomize; narrow; lessen, condense; reduce; con- 

 fine; incur; assume." 



II. The seller, or broker, upon effecting a sale, hands or mails 

 to the buyer a contract worded about as indicated in the fol- 

 lowing forms, differing according to the conditions of the 

 transaction : 



Gentlemen : We have sold you this day about Ten (10) tons Up- 

 river Fine Rubber @ 88 cts. lb. ex. store (or dock), New York, N. Y. 



Terms : Cash in ten (10) days from delivery [or, option to give a 4 

 mos. note with interest added @ 6 per cent, per annum], 



[Signed] . 



Gentlemen : We have sold you about Fifteen (15) tons Upriver 

 Fine Rubber @ 86 cts. lb. ex dock, New York. 

 About (5) Five Tons for delivery in Oct., 1901. 

 " (5) " " " " " Nov., " 

 " (5) " Dec, " 



Terms : Cash Ten (10) days from delivery ex dock New York. 



[Signed] 



III. The contract is iz^«^^ by the seller only — excepting in 

 the case of a broker, in which case the broker signs as selling 

 "for account of " the seller to the buyer and hence signs his 

 own name. 



IV. This contract, either by hand of the seller (or broker) or 

 through course of mail, reaches the buyer, and custom has 

 made it not necessary to acknowledge the receipt of same ; but 

 if such contract is not in accordance with the understanding 

 of the buyer, custom rules that " silence gives consent," and in 

 the event of the contract having been filed away without con- 

 troversy, the contract becomes binding, just as if the contract 

 had been accepted by the buyer, as complaint about the word- 

 ing of contract should have been made during the Ten (10) 

 days following the date of the contract. 



V. The contract now being in force, we next pass to the arrival 

 of the rubber, and delivery of same, or, if in store, the delivery 

 only. The seller either tenders delivery order, or, having ship- 

 ping instructions, ships the rubber, the goods being reweighed 

 and, in the case of Pards, re-tared. (African and Central tares 

 are re-estimated.) The buyer also pays the cartage and freight, 

 and the rubber becomes the buyer's from the moment that the 

 delivery leaves the seller's hands, or delivery is made to the 

 cartman, and only legal process can divert the ownership. This 

 being so, the buyer turns to the goods for quality and quantity, 

 as described in the contract. 



Being Paras, unless a clerical error is made, the weights of 

 the sworn city weigher is final, as he is a public weighf r and 

 there is nothing for him to gain in falsifying weights. Buyers 

 should weigh and tare the rubber as soon as received, so that 

 any errors may at once be detected and any stealing traced. 

 Stealing en route is loss to the buyer, recoverable from the 

 transportation companies, and sellers always assist buyers by 

 producing receipts and weigher's returns in the originals. Sell- 

 ers should always place the gross weights upon the receipts 

 which they get at time of shipment, duplicate of which should 

 be sent to buyer when any large quantity is shipped. 



