The Pennsylvania Milling and
Export Company to Mr. Hay.
New
York, January 3,
1900.
Sir: I herewith inclose an affidavit covering
all the facts concerning shipments of flour made by our company to
Delagoa Bay, which have been diverted from their original destination
under orders from the British Government, and which are at present, as
far as I know, in the custody of the different customs officers of the
different ports in the British African colonies, where same have been
unloaded. I wish to enter a formal protest against the action of the
British Government in seizing or diverting our flour, especially in view
of the fact that it is likely to be made unfit for bread-making purposes
if not properly cared for, on account of the climate of South Africa at
this time of the year.
I inclose affidavit, which will prove to you that there was no action
taken on our part by which this flour could be legally determined as
contraband of war.
We had already drawn drafts against these shipments through our bankers,
Messrs. Fowler Brothers, Limited, of New York, who inform us that our
draft for the 1,340 bags branded “Goldfields,” shipped on the steamship
Beatrice, has been protested for nonpayment
by the parties on whom we had drawn same at Delagoa Bay. Up to the
present I have heard nothing from the drafts drawn against the other
shipments, and await result of same with anxiety.
Meantime I beg to state that in the interests of all parties interested I
would be satisfied if an arrangement could be made by which the British
Government would pay for the flour at its value delivered at Delagoa Bay
at the time of its due arrival there had it not been seized or diverted
elsewhere.
Hoping that you will give this matter due and prompt consideration,
I remain, etc.,
A. J. Toomey,
President Pennsylvania Milling and Export
Company.
[Page 541]
[Inclosure.]
Affidavit of Andrew J. Toomey.
United States of America, State
of New York,
City and County of New
York, ss:
Andrew J. Toomey, being duly sworn, deposes and says that he is the
president of the Pennsylvania Milling and Export Company; that the
said company is duly organized under the laws of the State of West
Virginia, and that the said company is and was for several years
past legitimately engaged in the sale of flour to merchants in
foreign countries, including the Cape Colonies, Natal, and the South
African Republic, and to Lorenzo Marques, and that the said company
is not now and never was in any way, directly or indirectly, engaged
in selling flour to the Government of the South African Republic,
and that all sales of flour that the said company has made for
shipment to any south or east African ports were made to merchants
who intended same for the ordinary uses of life, and as far as this
company is aware no such shipments were ever made with the intention
of having same reach the Government of the South African Republic by
resale or otherwise.
The deponent further states that since the outbreak of the existing
war between the British Government and the South African Republic
the Pennsylvania Milling and Export Company has not made any sales
of flour to merchants or others resident in the South African
Republic; and, furthermore, that the said company, although having
sales already effected to merchants in the South African Republic
previous to the beginning of the aforementioned war, has not shipped
any part of such sales of flour since the beginning of said war. The
deponent further states that the Pennsylvania Milling and Export
Company was the original shipper of a certain lot of 2,000 bags of
flour, branded “Speria,” which were sold on the 20th of May, 1899,
and which were shipped on the Dutch steamer Maria which sailed from New York on or about August 15,
1899; and also of 1,512 bags of flour, branded “Goldfields,” which
were sold on June 10, 1899, and which were also shipped on the same
steamer Maria; and furthermore, that the
deponent has been notified by the agents of said steamer that the
above-mentioned lots of flour, which were destined for Delagoa Bay,
and to which port the freight had been prepaid by the Pennsylvania
Milling and Export Company, were, under orders from the British
Government, landed at Port Natal instead and are now in the custody
of the Natal custom-house authorities.
The deponent further states that the Pennsylvania Milling and Export
Company was the original shipper of a certain lot of 4,359 bags of
flour branded “Johannesburg”, which were sold on July 20, 1899, and
of 1,350 bags of flour branded “Goldfields,” which were sold on June
10, 1899, and consigned to Delagoa Bay on the British steamer Beatrice which sailed from New York on or
about October 12, 1899, and that the Pennsylvania Milling and Export
Company has been notified by the agents of the said steamer that the
said lots of flour, although the freight on same had been prepaid to
Delagoa Bay, were discharged into lighters at East London under
orders of the British Government. The deponent further states that
the Pennsylvania Milling and Export Company was the original shipper
of a certain lot of 3, 154 bags of flour branded “Johannesburg,”
which were sold on the 20th day of July, 1899, and consigned to
Delagoa Bay on the British steamer Mashona
which sailed from New York on or about October 30, 1899, and that
the Pennsylvania Milling and Export Company has been informed that,
although freight on said flour had been prepaid to Delagoa Bay, the
said flour had been discharged at Cape Town under orders of the
commander of the British gunboat Partridge,
and that the Pennsylvania Milling and Export Company are unable to
learn what disposition has been made of said flour.
Subscribed and sworn to before me this 3d day of January, 1900,
by Andrew J. Toomey, president of the Pennsylvania Milling and
Export Company.
[
notarial seal.]
L. B. Howe,
Notary Public 117, New York City and
County.
