248 [September, 1902.]^ 
IMPERIAL INSTITUTE JOURNAL. 
Vol. VIII. No. 93. 
title to sue, because the Minister of Marine was named in the 
contracts as principal, and that by the law of Spain he was the 
Minister of State to sue on such contracts ; that there was no 
rule of international law, nor in the law of Scotland, that the 
King only of a foreign monarchy could sue in the Courts of 
this country upon such contracts, and that the dismissal of this 
action for want of title would be a failure to observe inter- 
national comity. The Lord Chancellor said the simple ques- 
tion was whether there was a right on the part of the Minister 
of Marine to have the contract enforced in this country. He 
thought there was, and he therefore moved that the judgment 
of Lord Low be restored. The other noble and learned Lords 
expressed a similar' opinion. The judgment of the Second 
Division was accordingly reversed, and judgment was ordered 
to be entered for the appellants, with costs. 
Municipal Tramways. — An important point in connection 
with the taking over of tramways by local authorities was raised 
during negotiations between The Manchester Carriage 
Company (Limited) and the City Corporation, and was 
ultimately submitted to the High Court in the form of a special 
case, stated by Sir Frederick Bramwell, the arbitrator appointed 
to assess the amount due to the company by reason of the 
corporation having relieved them of their undertaking. In 
conjunction with those constructed by themselves the com- 
pany worked other lines leased to them by the corporation. 
The lease having expired, the corporation took possession, 
and under their statutory powers called upon the company to 
sell to them the rest of the system, their intention being to 
electrify the whole and work it themselves. The company 
asked that in the valuation the depdts, cars, and horses provided 
by them should be taken into account. The corporation 
demurred to taking over the whole, on the ground that they 
would be of very little use to them, but expressed their willing- 
ness to pay a proportionate sum. The arbitrator found in 
favour of the company, awarding them ,£496,068, but found 
alternatively that, in the event of the Court holding that the 
contention of the corporation was correct, the sum to be paid 
should only be ,£229,353. His Lordship (Mr. Justice Bigham) 
supported the arbitrator’s award, giving judgment for the larger 
sum, with costs. 
Trade Marks. — Lords Justices Vaughan Williams, Romer, 
and Mathew decided the question of Messrs. Bass's trade 
mark, the validity of which had been disputed, and judgment 
given bv Mr. Justice Kekewich in favour of the disputants. 
Messrs. Bass appealed. On the application of John Taven- 
port, brewer, --of Birmingham, Mr. Justice Kekewich ordered 
the Registrar ol Trade Marks to rectify the register by striking 
off several of Bass's marks, including the well-known diamond 
and equilatcrial triangle marks. These had been used by 
Bass & Co. for thirty years prior to the Trade Marks Act of 
1875, and they were registered as old marks. The learned 
judge in the Court below held that the effect of the registration 
was to give Messrs. Bass a monopoly of the device of a diamond, 
which was common to all the trade in 1876, and he therefore 
directed the marks to be removed from the register. Messrs. 
Bass contended that, being early in the field, they were able to 
adopt a device combining simplicity with distinctness, and this 
constituted a good trade mark. Their Lordships allowed the 
appeal with costs. 
COLONIES. 
Fruit from Canada. — The Department of Agriculture at 
Ottawa has issued the following notice : — The Government of 
the Dominion of Canada last Session passed the Fruit Marks 
Act, the Minister of Agriculture, the Hon. Sydney Fisher, with 
the assistance of 1 Yofessor Robertson, Commissioner of Agri- 
culture and Dairying, having so framed the measure as to render 
improper packing and inaccurate grading of quality an 
impossibility. So stringent are the provisions of the measure 
that on fruit packages packed or marked fraudulently, the 
inspectors (of whom there arc many), may, after notifying the 
packer, either by letter or telegram, place the words “ falsely 
packed" or “ falsely marked ” on them, and a fine of £ 8 may 
be imposed for illegally removing the inspector's branch Mer- 
chants are held responsible for the fruit they offer for sale, or for 
fruit in their possession for sale, unless the original wrong- 
doer can be found, and the penalty for a violation of the law 
with reference to packing and marking is not less than is. and 
not more than 4s. 2d. per package ; while for obstructing an 
inspector the fine ranges from j£s"to ,£100. The fines, which 
are recoverable on summary conviction, are divided equally 
between the informant and the Crown. Inspectors are given 
large powers under the Act to enter premises lor the purpose of 
making an examination and to detain shipments of fruit for the 
same purpose. The packer, however, is amply protected by the 
stipulation that immediate notice must be given by theinspector 
to the packer when fruit, which at all times is at the risk of the 
owner, is branded or detained, and the inspector who exceeds 
his authority is subject to a heavy penality. The main points of 
this Act may be summed up as follows : — “ (1) The face of all 
fruit packages must fairly represent the fruit throughout ; (2) 
Closed boxes and barrels must be marked with the name and 
address of the packer, the variety of the fruit, and its grade ; 
(3) It is an offence within the meaning of the Act to sell, to offer 
for sale, or to have in possession for sale, fraudulently packed 
or marked fruit, even when the buyer and seller are ignorant of 
the fact, as well as when one or both have knowledge of the fact ; 
(4) The Act does not prevent the packing or selling of any grade 
of fruit that is properly packed and marked; (5) The Act does 
not provide for the inspection of particular lots of fruit at the 
request of the buyer or seller ; (6) Commission merchants who, 
after notice, handle fruit put up contrary to the provisions of the 
Act, will be proceeded against." Already the beneficial effect of 
this Act is being felt, and when it is fully known that dishonesty 
in packing and describing Canadian fruit does not exist, an 
enormous impetus will be given to the Canadian fruit industry 
in Great Britain and the other markets of the world, 
— 4* 
Gibraltar. — The report of the Colonial Secretary of 
Gibraltar for the- past year shows a revenue of /[71, 106 and an 
expenditure of ,£63,812, being a considerable increase in revenue, 
due to increased Customs receipts on malt liquors and tobacco, 
and a smaller increase in expenditure as compared with the 
previous year. About 40 per cent, of the revenue is derived 
from the Customs duties. The revenue of the colouy has 
steadily increased from ,£5-1:, 893 in 1897 to ,£71,106 last year, 
and the expenditure has increased in proportion. At the end 
of the year the assets exceeded the liabilities by over £ 20,000 , 
and the only public debt the colony has was a loan from the 
savings bank for the complete installation of the electric light, 
the balance of which was ,£18,780. The population is 27,460, 
6,475 being the number of the military. The sanitary condition 
of Gibraltar is stated to be satisfactory, and great improvements 
have been made in houses which were formerly very insanitary. 
Constant supervision is maintained over the food supplies of the 
town, the bakeries, public-houses, etc., being carefully inspected. 
Water for flushing is abundant, and the fresh water supply has 
been found capable of meeting a demand double that of any 
previous year. Good progress has been made during the year 
with the new coaling and commercial mole, which is being con- 
structed by contract'under Admiralty supervision. 
BRITISH CONSULAR REPORTS. 
Austria-Hungary (Prague), — The Spirit Industry of 
Austria. — The British Consul at Prague, in his report for last 
year on the trade of Bohemia, gives an interesting account of 
"the spirit trade of Austria, which has reached enormous propor- 
tions in recent years. Spirits in Austria and Hungary, he says, 
are manufactured out of grain, molasses, and potatoes. The 
largest distilleries using molasses are in Bohemia, Silesia, and 
Moravia. In Hungary grain is chiefly used, although many of 
the distilleries are also adapted for working with molasses. The 
only distillery which uses molasses alone is at Raab, but it is one 
of the largest on the Continent. In Austria, spirit is distilled 
from grain in factories in which yeast is produced, the largest 
being in the neighbourhood of Vienna. Potatoes are chiefly 
used in Galicia and Bukowina, and in parts of Moravia and 
Bohemia. The distilling industry in Austria-Hungary dates 
from the 16th century, but it was only in the latter half of the 
last century that it became such an important source of revenue 
to the State. The spirit tax rose from some few hundred kronen 
in the early decades of the last century to the large sum of 
£6,133,333 in 1901, and besides this it also contributes largely 
to the local revenues of the several provinces and communities. 
Not only is this industry of great fiscal value, but it is of great 
importance to agriculture, and consumes large quantities of the 
produce, and also provides food for the cattle. With the 
increasing areas of beet and potatoes under cultivation during 
the latter part of the last century, many distilleries were erected 
on agricultural estates, as well as others on a purely industrial 
basis ; to-day they form an enormous industry, equipped with 
the latest technical methods of producing spirit. Not only is 
spirit an article of drink, but it is also largely used in many 
industries. The spirit market during the year 1901 was unsat- 
isfactory, because of German competition in spirit-importing 
countries, reduction in the value of Austrian ex-contingent spirit, 
the rich potato crop causing increased production, and, lastly, 
the addition to the spirit tax which came into operation in Sep- 
tember last. For a few years Austrian distillers took the 
leading place in the world's markets. Spain, Japan, and, above 
all, the Levant, were her chief customers. This has, however, 
changed ; the export to Spain and Japan has ceased in conse- 
quence of prohibitive import duties, and Russia and Roumania 
now compete with her trade to the Levant. Both of these 
countries grant high export premiums to their spirit industries. 
Latterly, the German spirit ring, in order to get rid of their 
enormous stocks, have flooded oversea countries with their spirit, 
the consequence- being that prices have fallen to such a low 
point that Austrian producers are unable to compete. During 
the last few years the number of refineries built has been out of 
all proportion to the expansion of trade, and this, combined with 
the competition, has reduced the margin of profit to very small 
dimensions. The agricultural group of distillers have, however, 
in consequence of the financial assistance granted by the Govern- 
ment and the heavy yield and good quality of the potato crop, 
done well. 
China (Fu-chau). — The Vanishing Tea Trade of 
China. — The British Consul at Fu-chau discusses in his last 
report the causes of the decline in the tea trade of China, which 
he describes as 'J a vanishing industry." In the first place there 
is the neglect of the native grower to use due care in the manip- 
ulation of the leaf when growing and being picked, as well as 
in the preparation for export. The means of ensuring this has 
been repeatedly indicated to him and put within his reach, but 
with no result. He has been in turns implored, scolded, and 
lectured, but all to no purpose. Some years ago a circular was 
issued by Sir Robert Hart warning tea-growers that, owing to 
the superior methods prevailing in India, the trade was slipping 
away from China. It was recognised by Europeans interested 
that the progress made by India and Ceylon had been secured 
by the substitution of machinery for hand labour. Machinery 
was accordingly imported. While Formosa was still Chinese 
the Governor imported into the north of the island, not only the 
machinery considered desirable, but even an expert from Assam. 
But neither in Formosa nor in Fu-chau have these devices proved 
of any avail. Next there is the change which has come over the 
public taste in Europe. When Assam and Ceylon entered into 
the competition with China it was soon appareut that the liking 
for their products was increasing rapidly, and China tea was in 
no long time hopelessly distanced. It is likely that, as regards 
delicacy of flavour and aroma, the teas of China are still assured 
of the suffrages of the cultivated few. Teas from the nearer 
East are admittedly coarser of taste and contain a larger per- 
centage of tannin, on which account they arc condemned by 
medical men as prejudicial to digestion. But they make an 
attractively dark brew and are economical. Thirdly, the trade in 
Indian and Ceylon teas has been fostered by judicious and per- 
sistent advertising, to which the Chinese merchants will not 
l'esort. Lastly, the trade is crushed by an excessive export 
duty. When the duty on tea was first made specific it no doubt 
represented fairly enough the 5 per cent, ad val. sanctioned by 
treaty. The diminishing value of teas has, however, x'esulted in’ 
the export duty of to-day representing 40 instead of 5 per cent. 
Denmark (Copenhagen). — Butter Export.— In a report 
to the Foreign Office on the trade and commerce of Denmark 
for 1901, H.M, Consul at Copenhagen gives the following 
particulars of exports: "The export of butter in 1901 was 
110.000 cwt. more than in 1900, and, as pi'ices ruled high, the 
profits increased to about ,£72,000. The prices on smoked and 
sailed bacon were most profitable, and although the exports 
have deci'easeil by about 50,000 cwt. , there remains a profit on this 
account of ,£120,000 more than the preceding year. The 
export of eggs also shows a great inci'ease over that of 1900, 
namely, 2,500,000 score, valued at £175,000. Live cattle, 
horses, hides, and skins show a decrease in 1901, compared 
with 1900, but altogether the sale of agricultural produce, has, 
in 1901, amounted to £14,600,000, against £14,000,000 in 190a, 
so that the gain works out at ,£600,000. Denmark’s total export 
of butter in 1901 was 1,705,000 cwt., against 1,531,000 cwt. 
in 1900, an increase of 174,000 cwt. Butter in casks amounted 
to 1,663,000 cwt., against 1,495,000 cwt. in 1900, and it will be 
noticed that the largest increase is for this kind of butter. 
This inci'ease is chiefly due to an increase in the Danish pro- 
duction of butter. Danish butter (in casks as well as in tins) 
works out as follows: — 1,337,000 cwt. in 1901, against 1,225,000 
cwt. in 1900, which accordingly shows 112,000 cwt. to the good. 
To a certain extent the continuously increasing consumption of 
margarine in Denmark has an influence on the butter export, 
but it is chiefly the butter production itself which increases year 
by year, and the reason of this, undoubtedly, is on account of 
the live-stock being kept up to a high standard, and the greatest 
attention and care which is given to each cow, particularly in 
not keeping animals which are not good milkers. Besides the 
ex port of Danish butter, the Danish transit trade with foreign 
butter is also increasing considerably. Denmark exported in 
1901. 368,000 cwt. of foreign butter, against 306,000 cwt. the 
year before, a gain of 62,000 cwt. This is due principally to 
the trade in Siberian butter. Altogether in 1901, 304,000 cwt. 
of Russian butter an'ived, against 250,000 cwt. during 1900, and 
out of this amount (304,000 cwt.) the greater part came from 
Siberia, the supplies of Finnish butter having diminished of late. 
As usual, nearly the whole Danish butter export was to the 
United Kingdom, viz., 1,620,000 cwt. out of the total 
1.705.000 cwt. As far as the Danish exporters of butter were 
concerned, the year 1901 was not satisfactory. Generally 
speaking, the average prices were higher than 1900, and the 
producers have certainly obtained higher prices ; but for the 
merchants the export trade showed no profit, and advances 
were at times almost nothing, and it was, especially during the 
first months of the year almost impossible for merchants, when 
exporting, to obtain the prices they had paid the producers, 
plus expenses incurred. Towards May the market improved, 
and during summer was firm and good," 
Tripoli. — Forty Years of tiie Caravan Trade. — 
The British Consul-General in Tripoli has prepared an 
interesting report on the movements of trade in that province 
during the last forty years. In reference to the caravan trade 
with the Sudan, which forms about a fourth of the total trade of 
Tripoli, the Consul-General states that the pioneers of trade 
were the merchants of Ghadanfes, a small unimportant town 
without local trade, near the Tunisian frontier, about twenty 
days' journey from Tripoli. By reason of their superior 
intelligence, capabilities, and honesty, and aided by the 
geographical position of their town, these men established 
themselves many years ago in Tripoli, and enjoyed the 
monopoly of the trade. They sent periodical consignments of 
goods to their agents in GMt, Kanem, Bornu, Kano, and 
Timbuctu, receiving in exchange ivory, ostrich feathers, and 
gold dust for export to European markets. In 1873, however, 
the Tripoli merchants began to compete largely with them, 
forming caravans to the Cenfral and Western Sudan, and, 
owing to the high prices of feathers in Europe, very large 
profits were made. In 1882 a heavy fall took place, and the 
merchants suffered severely. Towards 1890 feathers again rose 
in price, to fall later on, but still fair profits were made by those 
whose means allowed them to continue in the trade. But in 
1893 came Rabah’s invasion of Bornu, entailing destruction of 
the Tripoli caravans then in the country, and the total stoppage 
of caravan traffic. Bornu was the chief market of Tripoli, and 
her ivory and feathers commanded the highest prices in the 
European markets. Traders had then to fall back on Kano 
and Wadai, the trade being done principally through the port 
of Bengazi, but between 1895 and 1901 came extensive pillages 
of caravans to and from Kano in the Hinterland, because of 
tribal wars, and heavy losses were sustained, chiefly by the 
Gbadamseen merchants of Tripoli, who, as usual, were most 
largely concerned in the traffic. At the present time little is 
being done ; the trade has been thrown back a year, and last 
year's consignments of goods for Kano, which had been 
detained at Ghat awaiting events, are only now beginning to 
start, on receipt of better news as to the security of the roads. 
Since 1887 a large importation of tanned goat skins from Kano, 
all of which goes to New York, has begun, and is apparently on 
the inci'ease. In peaceful years the cai'avan journey, out and 
home, used to occupy about eighteen months, and the profits 
amounted to about 50 per cent, on the outlay. The great draw- 
back to any important development of this trade, even if Kanem 
and Bornu were once more open to commerce, is the cost of 
camel transport through the absence of roads, the sandy deserts, 
lack of water, and dearness of and mortality amongst animals. 
Moreover, the Central African trade is likely to be diverted in 
the future to the waterways of the Benue and Niger. 
United States (San Francisco). — In areport to the Foreign 
Office on the trade of San Francisco and district for 1901, 
H.M. Vice-Consul says that the expectations of a pi'ospei'ous 
year for California were, on the whole, fully realised. "The 
yield of wheat, which continues to be the staple product of the 
State, was larger than in 1900, although the l'eturns to the 
farmers were not so good as in that year. Fruit-growers enjoyed 
a prosperous season, owing to the high prices ruling in the 
Eastern States, where the bulk of the crop is disposed of. 
Beet-sugar was depressed in price, but the output exceeded all 
previous records. Mining was fairly prosperous, and increasing 
attention is being paid to the development of base metal 
properties. The manufacturing interests of the State have been 
stimulated by the rapid development of the oilfields, which, 
with the proposed plants for the transmission of electric energy, 
assure an unlimited supply of cheap power. In connection with 
the development of the oilfields, it should be noted that exporters 
are likely to have to pay increased rates for the carriage of their 
grain to Europe. Owing to the fall in price, it will be impossible 
to import coal pi'ofitably from either the United Kingdom or 
Australia, and shipowners will be forced to demand higher rates 
of freight if they are compelled to send their vessels to this port 
in ballast. In many respects the past year has been important 
in the annals of San Francisco. Its importance lies, not so much 
in the volume of the commerce by sea, as in the development of 
broader commercial relations and the establishment of trade 
conditions entirely diffex'ent from the methods in vogue among 
the business men here for so many years. Merchants seem to 
have enlarged their ideas, and are beginning to reach out for the 
growing ti'ade of the Pacific Ocean. They begin to realise that 
through their efforts San Francisco, before many years, may 
become the greatest distributing point on the Pacific. This 
feeling appears to have originated with the acquisition of the 
Hawaiian and Philippine Islands. Taking into consideration 
the fact that the movement from the Hawaiian Islands no longer 
appears in the Custom-house records, the imports and exports 
make a fair show. The bank clearings again surpassed all 
records, and increased by the substantial sum of ,£30,636,482 as 
compared with 1900. Real estate exhibited more activity than 
for many years, and the class of buildings being erected testifies 
to the faith investors possess in the city’s future. Capitalists 
from the Eastern States are regarding California with growing 
favour as a field for investment. Several large undertakings 
have been projected during the year, the most important trans- 
action being the purchase by a Baltimoi-e syndicate of the 
principal street railway system of San Francisco for about 
,£3, 500, 000." 
- 4 - 
FOREIGN CONSULAR REPORTS. 
A New Industry for the West Indies. —Cattle Food 
from SUGAR Cane. — According to the American Consul at 
Antigua, experiments have been made by Mr. Geoi'ge Hughes, 
a director of one of the largest sugar estates in the British West 
Indies, which will result in the formation of a profitable industry 
in the manufacture of a new cattle food, to which the name of 
“ molascuit " has becu applied. It is a composition of molasses 
and cush-cush of bagasse, the finest part of the fibre of sugar 
cane. Fifty per cent, of cush-cush is digestible and nutritious. 
The proportions of the composition are 80 to 85 per cent, of 
molasses and 15 to 20 percent, of cush-cush. This composition 
is air-dried and may be made by utilising the gases from the 
factory furnace. When ready for the market it presents the 
appearance of very finely ground oil cake. There is another 
preparation in use known as "molassine meal,” made from 
beet-sugar molasses and a vegetable matter, which sells at about 
$32 per ton and has a very good demand. Molascuit can be sold 
at about 20 per cent, less and can be shipped in bags. As a by- 
product of sugar it might be of considerable value to planters, 
who would thus have two ways of disposing of molasses — in 
making rum and molascuit. The matter has been brought 
before the Board of Agriculture with a view of getting the 
preparation officially recognised, so that uniformity may be 
