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Worms & C°

Cardiff, 24th December 1918
Messrs Worms & Co. - Paris

Dear Sirs,
Arrears of contracts. In order to obtain export licences, Coal Exporters had to agree that they would conform to, and accept the Coal Controller's various Directions (vide enclosed). Hence they were powerless when he directed on the 18th August 1917, and confirmed same on the 24th December of the same year, that arrears of contracts existing on the 29th June 1917 were to be considered by an Advisory Board with a view of cancelment. Such Committee, as you will see by our letter of the 3rd August 1917, was then elected, but they did not commence dealing with the matter until late in March 1918, owing to dissensions anent the Chairmanship, and more especially the Referee. The Coal Controller insisted successively in imposing as a Referee, personalities whom the Trade considered had inadequate knowledge of the subject they might have to deal with. However, such Board seriously started dealing with contracts on the 1st May 1918, vide our letter of the following day. The dates of its decision in our case are given in the various Awards sent you. We sent you certified copies of these latter in our letter of the 6th inst., to which we would beg your special reference, explaining the difficulties we had had in getting proof from the Secretary that such decisions covered balances that belonged to the Messageries Co.
Some people still contend that the Coal Controller was acting ultra vires and beyond his powers, but in the face of the aforesaid undertaking when obtaining export licences, we fail to see how such standpoint could be legally maintained. Anyhow, no-one yet has challenged it; moreover, although collieries went on invoicing to us at contract price until such decisions were given, few seem to be inclined to claim schedule price for quantities delivered before the dates given in the award. This does not, as we have several times pointed out to you, by any means free us from our liability to pay; hence our suggestion that you should reserve sums to cover such contingency in your books.
We have settled with North's Co., but if anyone presses us as the Lewis Merthyr Co. are doing now, and we refuse to pay, we may have our export business stopped, by the withdrawal of licences to export. If the control were taken off, which is not likely to be the case yet awhile, we might fight matters, which we could not do to-day, but success in one Courts in our mind, would be most unlikely.
Yours very truly,

G. W. Moore