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James Burness & Sons
138, Leadenhall Street

London, 1st May 1918
Messrs Worms & Co. - Paris

Dear Sirs,
Coal Controller. A meeting was held here today of the Chamber of Commerce (Coal Section) at which the delegates of the Central Committee reported that Counsel's opinion regarding the Coal Controller's action in connection with the l/5rd brokerage was that it was "ultra vires". Considerable discussion took place with the result that in the first instance the resolution passed by the Central Committee to test the legality of the Coal Controller's action was approved and it was agreed to contribute to the cost thereof pro rata to 1917 shipments.
A discussion then arose as to the instructions which were to be given to the delegates from the London Chamber of Commerce as to the attitude they were to assume at the Meeting of the Central Committee.
A telegram was read from the Newcastle Committee declining to join in any action against the Coal Controller or to contribute to the cost thereof. It was pointed out that the form of action which was to be taken in all probability would be to apply for a "mandamus" submitting that the coal controller's action was illegal and that the effect thereof, if successful, would be that all the regulations so far issued by him would fall to the ground, in other words that whilst the brokerage would be restored the 1/- or 1/6 per ton commission allowed on coal shipments would no longer be in force. It was further pointed out that the coal controller would then proceed to issue fresh regulations as regards the shipment of coal, which in all probability might not be so favourable to exporters as at present.
It was therefore considered advisable that either before or immediately after commencing proceedings (as might be legally advised) the Coal Controller should be interviewed in order that it might be pointed out to him that the exporters wished to establish as a matter of principle that a share of the brokerage should fall to the exporter in remuneration of his work in connection with the charter of vessels, that it was not a question of money but of principle, and that whatever share of the brokerage he was willing to concede should be accepted, preferably the 6d per ton formerly conceded.
We presume a meeting of the Central Committee will now be called to discuss what action, if any, shall be taken.
At the meeting of the Central Committee Sir Clifford Cory said that in the event of a "mandamus" against the Coal Controller being obtained it would then be necessary for the Controller to get an Act of Parliament passed legalising his position and Sir Clifford went on to say he hoped that every member of the Committee would do his best to get the support of as many members of Parliament as possible.
we should like to have your views on the subject and should be glad therefore if on receipt of this letter you would say whether or not you are in favor of legal proceedings being taken.
We are, dear Sirs,
Yours truly,

James Burness & Sons