The Golden Falcon

Chapter XX/9 - Noon

Letter to his aunt Harriett Underwood from Ally W. Winter.

Pillagoda Valley,

Baddegama

22.3.1904

My dear Aunty

I am very sorry to hear that poor Jessie (Eyre) is so unwell.  I hope you will soon have better news.  I have arranged to go to Colombo this evening and will if possible, come and see you.  I am also sorry you should have to leave Ceylon so suddenly as there are many matters of business I would have liked to have settled before you did so if you had only been able to have made up your mind.

Certain portions of your letter of 3rd January 1905 require an answer.  I have not replied so far, not because I could not do so without first consulting a lawyer, but because I thought we might come to an understanding without the (to me) painful necessity of hurting your feelings.  Well, I will tell you this much, if you will not try to wriggle out of the arrangements I made with your son although you treat me as your brother's son and your mother's grandson in whom she had enough faith and regard as to leave a considerable share of her estate probably knowing I would take care and defend such share better.  Talk my word for it, (I) will do all in my power to improve and take what I have been left if not for my own benefit for the love of those my father requested me to look after and which I have tried to do so far.

Your affectionate nephew, A. W. Winter.

Mareragoda

27.3.1905

Dear Allie

In answer to your letter of 22nd March, you say that if I will not interfere with you, that you will do your best to improve our land for the benefit of yourself and your family.

I can, with perfect sincerity, say I am ever interested in the welfare of yourself and family but not when it is to the detriment of myself and other shareholders in whom I am equally interested and will not consent to having anything but an adequate return from all cultivation from all lands belonging to this estate.  As grandma has left you a share with money payments to your sisters, so as to avoid increasing the number of shareholders and did exactly the same thing with Eddie (Bowman) I am sure that when she did so, that she never thought you would each take advantage of your co-heirs.

I wish I was not obliged to write such letters to you.

Harriett Underwood

From Ally to his brother-in-law and cousin Edward Bowman.

Pillagoda Valley,

Baddegama.

31.3.1905

My dear Eddie (Deslandes Bowman)

Relating to the conversation I had with you and Aunty this morning, I would much rather stick to the plan as per agreement made with you and Willie (Elphinstone. Underwood) even if I have to pay a higher rent; especially if I am allowed to cultivate a higher acreage than we agreed on and I would be very sorry to part with the plan but to prove that, I will write and answer to much -- of the same.

I am willing a Company should be formed to take over the land, including my improvements.  I have about 45 acres under cultivation half 20 months and rest about 6 months old and about 20 acres felled and cleared besides 3-4,000 plants 10 months in nursery and most of the six months old portion have double plants in each hole.  I have made about two miles (of) road on (the) estate and to connect it with water I am now making about another quarter mile to avoid going over the steep hill and to connect estate with the high road as well as water and the same road will serve most of the improved land.  I have no doubt now the place had an easy outlet and a portion of the land had been opened (that) will enhance the value of the rest of the land but at the same time consider --- both valuations too high.  Well and good if you can get it.

I value my improvements at 4,000 and if talking over different prices, will allow 10,000 to 15,000 to remain in (the) Company besides my share of value of land in full but should the founders of the company consider my valuation too high, I will abide by their valuation if it is within reason, made by a person whom I could consider competent of valuing rubber (such a man as Harrison).  Whether it is higher or lower, should his valuation be such under mine, it will depend on circumstances if I will make any offer in this connection except my share of value of land which I will allow to remain under any circumstances.  I reserve the right to remove 10,000 to 15,000 plants to own land at anytime from date of giving over land and all lemon grass I may have in the place.

I would appreciate your writing at once to any person you and Aunty think capable of forming the Company, advising him of the nature of our claim. what lawyers think of it and what shares could be made over at once.  I would like it settled one way or the other as soon as possible so that I may get another piece of land before the March monsoon.

Your affectionate brother (-in-law), A. W. Winter.

In writing of Harriett Decima Underwood in pencil:

(1) W. E. Underwood did not hold all P(illagoda) as and one inserted in proposed deed.

(2) W. E. U. wrote E. D. B. (Edward Deslandes Bownan) manager I did not consent.

(3) Not more than 8 months could have elapsed when W. E. U. wrote E. D. B.

(4) Rubber seed has been taken from the estate as well as grass roots which have not been

     paid for.

(5) In 1903 Rs. 20 and in 1904 Rs. 40 has been paid as rent.

(6) Began work June 1902.

A. W. Winter agrees W. E. U. did not write to him direct after having written to him that he might begin work at once.  When I arrived from England, A. W. W. wanted me to sign deed, which I refused.

In writing of Harriett Decima Underwood:

I am quite willing to aid in every way to make Pillagoda Block into a company but I will not take any trouble or go to any expense without knowing that Allie realises the position he is in as regards to the cultivation he has begun there.

Should it be possible to form a company and the cultivation Allie (Winter) has begun facilitates our doing so, I would consent to allowing Allie (Winter) a fair amount for the cultivation, although I do not acknowledge he has any right to it beyond the share belonging to him as a shareholder of this property and if Allie (Winter) is trying to take advantage of other shareholders, I will take my chance of which the law allows me.

The following notes are undated and unsigned but from their contents would seem to be of similar date to the previous letters perhaps it is in the agreement referred to above.  there seem to be missing pages.

"That between the two places we could spend Rs. 5,000 in new machinery, say Rs. 2,500 over here and balance for Sunnyside.  That if we borrow Ally's (Winter) money, we should pay him 6% and pay it off as soon as possible.  That Ally's (Winter) income be Rs. 1,000 a year and he draw 25% of the nett profits till his income is Rs. 1,000 after that 15% on further nett profits but he must be as an assistant under the manager and all accounts rendered through --- that he can crush his own cane on the terms he could here but the purchase of sugar from natives must be ruled according to the terms from this place and in no way can he be allowed to undersell Baddegama sugar, if he can sell at higher rates, all the better and through other agents but the account sales must be rendered through the manager.

The two places cannot be worked independently; they are too close and if there were no --(checks) the working one would be the ruin of the other and it would be best not to keep to the one concern but there is no doubt if Ally (Winter) would only act loyally that he could be quite as independent as he desired and as time went on, he would be more and more --- to himself and would see the older be grew that a firm must pull together or the results would be that another person would have to decide the advantage of closing one of the places or working Sunnyside under other supervision.  That we, having a certain sum of money, that after it is determined what is wanted here, the remainder can be put out at Sunnyside.  I estimate Rs, 1,000 is ---(needed) here and we cannot spend more than another Rs, 2,500 at Sunnyside and if we can, we should get the two boilers down and Ally (Winter) should get the machinery he wants from --- (Sunnyside) and we --- (should use) all the old machinery we can spare from here in this work, we can only succeed if further --- with assent, not only in giving as willingly, all he can do if this old machinery (is) put in working (order) with Ally (Winter) to see the place --- and machinery put up and this help he is not likely to give if he found Ally (Winter) antagonistic to him and averse to his help or advice".

The following extracts from Directors' Reports and letters show the clash of personalities as well as details about the management of Baddegama and Pillagoda estates.

22.1.1935 - A request by Wilfred Eyre to the Colombo Commercial Company that future directors' fees be divided equally between them.

10.1.1935 - A request by Eyre to hold the Annual General Meeting as early as possible, preferably before 20th February when Colonel Gwynn sails home, also a directors' meeting to discuss the cultivation programme.

7.1.1935 - A letter to Douggie regarding the proposed sale of manuring saying the directors had considered the Visiting Agent's (Sydney Smith) advice on the cultivation programme.  "Douggie's report must be verbose and satisfy S. Smith.  This will make 1935 rather an expensive year."

25.1.1935 - The C. C. C. to Eyre acknowledging receipt of his letter of 22.1.1935 above.

2.2.1935 - Eyre asking the Public Trustee for proxy to speak and vote at the AGM on 19.2.1935.

2.2.1935 - Eyre to Public Trustee advising 5% final dividend for 1934 payable on 20.2.1935.

9.2.1935 - C. C. C. to Eyre notifying directors' meeting at C. C. C.'s office on 19th February.  The business will be:

(1) the appointment of an acting superintendent.

(2) consideration of a donation to the Malaria Relief Fund.

(3) Eyre's proposal of equal directors' fee.

(4) any other business.

19.2.1935 - Minutes of Directors' Meeting.

(1) Superintendent's commission (at the date of this meeting E. A. Bowman was superintendent, but perhaps E. D. Bowman had this post as an agreement was made to pay one half of Rs. 381.91 to E. D. Bowman and one half to E. A. J. Bowman as provided in 1934 accounts.  Eyre wanted to replace commission with a bonus voted annually but the decision on this was postponed.

(2) Appointment of Mr C. J. Hay as Acting Superintendent during E. A. B.'s absence at Rs. 600 p.a.

(3) Rs 100 donation to Malaria Relief Fund.

(4) Eyre's resolution on Directors' fees withdrawn.

(5) Cultivation - resolved to create a manuring reserve annually being 1/2  of -- after 5% dividends profit but not to exceed Rs. 6,000 in any one year and Rs. 25,000 in total.

(6) Depreciation to be provided on buildings, machinery and estate furniture as long as there is sufficient to pay 15% dividend.

(7) Rs. 250 bonus to native staff.  Vote of thanks by Eyre to Sydney Smith and G. G. Smith for their services which was unanimously carried.

23.2.1935 - B. E. C. Ltd 23rd Report and Accounts for the year ending 31.12.1934.  In the Director's Report say G. G. Smith resigned on leaving Ceylon, Mrs E. G. Bowman also resigned.

Statement regarding directors' proxies and attorneys given.

14.4.1935 - Eyre to C. C. C. "How are my 1934 fees of Rs. 186.75 calculated?"

17.4.1935 - C. C. C. to Eyre - "In accordance with Minutes dated 21.12.1912. Rs. 1,500 divided, 1/2 to E. D. Bowman, then balance to others equally".

18.4.1935 - Eyre to C. C. C. pointing out that division of fees is inequitable and if he had known, he would not have withdrawn his resolution at the Directors' Meeting  He refers to 1912 when there were only 3 directors and were reasonable sums especially in those days. "I think equal division would now be more equitable and I am sure Mr Bowman would agree to this."

Approximate profit and loss account for the 3 months ending 31.3.1935.

14.5.1935 - Eyre to C. C. C. asking for the 1935/4 tea coupon position.

16.5.1935 - C. C. C. to Eyre with details as requested on 14th May.

17.5.1935 - Eyre to C. C. C. requesting more information regarding tea coupons, in particular a split between own tea and bought-in tea.  "I am aware of the fact that Mr Bowman, before he left the island, had adopted no restrictive measures and in fact secured a crop in April of some 21,000 lbs.  I think it is probable therefore that we are using too great a proportion of our coupons.  This might be due to the indiscriminate supply by Mr Bowman of bought-in leaf coupons."  As it becomes apparent later on Eyre believed E. D. and E. A. Bowman had been buying-in leaf from an estate they were interested in and possible at a premium.

Two schedules one typed by Hay (?), one hand-written by Eyre starting with a statement that E. A. Bowman went home on May 1st, with further calculations of the tea crop for 1935/6.  It would seem that the data is in such a form that no conclusions can be drawn.

9.5.1935 - Edmund Winter to C. C. C.  Eyre is holding up Visiting Agent's report whilst a copy is being made.  The commendation on pruning and green manuring by Mr Sydney Smith needs urgent approval so it can be carried out whilst present weather lasts.

18.6.1935 - The Visiting Agent A. T. Sydney Smith's very detailed report of 15 pages on the condition of the estate shows bought leaf is now coming from Gotetuwa, Nagahakande, Lowalhena and others unnamed.

16.7.1935 - Eyre to C. C. C.  Eyre carefully reads the V. A.'s reports and makes suggestions in respect of the old rubber trees which are in a poor state and suggests a replanting programme, all subject to advice of the acting superintendent.

9.7.1935 - Eyre to C. C. C. - Suggestions regarding drains, rejuvenation etc. and scribbling regarding drainage.

18.7.1935 -C. C. C. to Eyre acknowledging letter of 16th July.  They will, after receiving the views of Mr Sydney Smith and the acting superintendent, circulate suggestions to co-directors.

Approximate profit and loss accounts for the six months to 30.6.1935.

23.8.1935 - Eyre to C. C. C.  "The seed season will be over very shortly so could we begin a rubber nursery before the lengthy correspondence with co-directors is concluded?"

27.8.1935 - C. C. C. to Eyre agreeing to his suggestion of 23rd August.

Approximate profit and loss account 9 months to 30.9.1935.

31.10.1935 Unheaded and unsigned letter agreeing to Rs. 2,500 to be spent on cultivation and rejuvenation of rubber plantation.

Eyre to C. C. C.., Further list of work required on estate, as suggested by Sydney Smith. 

"Kindly see that Mr Bleakley sees this letter."

26..11.1935 - C. C. C. to Eyre acknowledging receipt of letter of 23rd August and that Mr Bleakley has read it  C. C. C. have written to E. A. Bowman regarding Sydney Smith's remarks about pruning and field work in general.  Sydney Smith was of the opinion that the staff and coolies were not accustomed to correct method of pruning but could be trained by Mr Hay.

17.12.1935 - Eyre to C. C. C. requesting that AGM be held 3rd week of February.

19.12.1935 - C. C. C. to Eyre acknowledging letter of 17th December "We will endeavour to comply."

24.12.1935 - C. C. C. to Eyre referring to his remarks on C. C. C.'s circular of 10th December (neither on file but see below).  "One of your co-directors has asked you to substantiate the statement made in regard to the superintendent".  From what follows, this is the past superintendent i.e. E. A. Bowman.

25.12.1935 - Eyre to C. C. C. with reference to C. C. C.'s letter of 24th December.

(1) Electric light plant batteries failed when 3 years old but should have lasted 5 years.  This was the superintendent's fault.

(2) Treatment of young tea.  The knife was first put on the 1929 tea during this year and has not yet given a single pound.

(3) Tea restrictions.  There has been no method of restricting our crops (there seems to be a national restriction on the production of tea, any excess over coupons seems to be penalised.  It therefore is wasteful to pluck tea in excess of this quota).

(4) Rubber - I am unaware of any effort on the part of Mr Bowman to the attention of the directors, the appalling condition of the trees.  My remarks were made to emphasise my previous objection to the payment of the very large commission of 5% on gross profits (I believe this is the amount), although I agreed to the payment for this year because I consider that Mr Hay improved the estate very considerably during the six months he was in charge.  If, however, the director who objects to these remarks wishes me to press these complaints further, I will do so at the next meeting.  I think, personally, that it would be wiser to wait and see whether or not any improvement is shown.  I suggest that you might forward these remarks to the director concerned.  If he is not satisfied that my criticism is justified I trust that he will give his reasons under each heading."

31.12.1935 - C. C. C. to Eyre acknowledging letter of 25th December and as suggested they are forwarding a copy to the director concerned.

2.1.1936 - C. C. C. to Eyre.  Co-directors agree to AGM being held in 3rd week of February.

11.2.1936 - Eyre to Public Trustee requesting proxy for AGM.

B. E. C. Ltd 24th Report and Account for the year ending 31st December 1935.

Agenda for 24th General Executive Meeting held on 15.2.1936.

2.3.1936 - C. C. C. to Eyre acknowledging receipt of his letter of 28th February (not on file).  "The suggestion made by your co-directors was that the superintendent should be acquainted with the nature of the complaint made and we would suggest that this should be done without calling upon him for any explanations at this late date.  Please let us know whether you are prepared to agree to this as otherwise we shall arrange to circulate your letter to ascertain if the Board wish to take any further action in the matter over and above the decision arrived at recently at the Directors' Meeting".  (These minutes are not on file).

9.3.1936 - C. C. C. to E. A. Bowman forwarding complaints to him in above.

10.3.1934 - Explanations in respect of complaints:

(1) The directors had agreed that over-production could be sold uncouponed.  April's crop was too high because tea from Walpitiya estate - factory machine breakdown.

(2) had to replant in dry season as flood had destroyed original crop.  The crop planted in the dry season is doing well.

(3) When I left, the batteries had lasted 4 years and 4 months.  In 1935 I had to fit more powerful bulbs as there was not sufficient light.

(4) Failure to prune - this is not so and has been pruned a number of times.

(Baddegama was a notorious flood area during the south west monsoon - Pillagoda Valley was often cut off completely.  During the 1970s there was a flood prevention scheme designed by China which alleviated several district in Ceylon from flooding especially in the Eastern Province).

11.3.1936 -A covering letter from C. C. C. to Eyre forwarding a copy of E. A. Bowman's reply.

30.5.1936 - C. C. C. to Eyre enclosing a statement of produce sold in previous week and proposes to send weekly statements.

Six months weekly statements (these show that couponed tea retailed about 60 cents per lb but uncouponed about 14-15 cents per lb).

Notes from V. A.'s report of 25th and 26th January 1936.

Approximate profit and loss accounts for the six months to 30.6.1936.

20.7.1936 - C. C. C. to Eyre forwarding a comment from Lt. Col. Gwynn regarding "budded stump" (probably budded rubber).

5.11.1936 - C. C. C. to Eyre forwarding a copy of the approximate accounts for 3rd quarter of the year "we sent to Gwynn who should have given them to you."

31.12.1936 - C. C. C. to Eyre "have circulated to directors requesting for views on making forward contracts for sale of rubber" pencilled on this letter "not done."

3.1.1937 - C. C. C. to Eyre acknowledging his letter of 2nd February regarding forward contracts (not on file).

12.,1.1937 - C. C. C. to Eyre.  They are to circulate his letter of 10th February re increased manuring, also asked "what grounds you consider a special assessment at the commencement of restriction would have resulted in an increased figure of standard crop?"

Memorandum given to solicitors to inform of action against leaf suppliers (in hand writing).

Baddegama Estate Co., of Ceylon.  A director of the tea estate company (with factory) owned his (her) own tea estate (without factory) and sells green leaf to the company for a number of years, accepting director's fees.  The directors are herself, her husband and her brother.  Her husband is also superintendent, her son later superseding him.  Is he liable under Article of Association 101 (e) and if so for how much?  Must her director's fees be returned and can her own profits be touched?

Details: The land was formed into a company about 1912, shares being allotted to the then owners.  For the formation of the Company E. D. Bowman, husband of defendant, held practically complete power of attorney for all shareholders.  A body of shareholders who were in England reported their --- confidence as (in) E. D. Bowman for many years.  The directors in the main were E. D. Bowman and his wife Mrs E. D. Bowman (defendant) and his brother-in-law A. W. Winter (who also sold green leaf to the company and died 1931).

When the company was formed the Colombo Commercial Company were made agents and secretaries and it is now stated by some English shareholders that this was done to pocket their interest.

Shareholders from England visited Ceylon occasionally but knew little of planting finance.   

There is not much information about the present generation of Bowmans.  Edward Deslandes Bowman's  son Rex & his wife Dale live near Reading, Berkshire.  Sir Jeffrey (Geoffrey) CB., is now

Parliamentairy Counsel and works for the PC Office in Westminster.  Guy Bowman from Australia came to work at Baddegama Estate after it was given back by the Ceylon Goverment but found it difficult manage.

Monica Ford has multiple sclerosis; she and her late husband John Ford lived in Birmingham.  One of the Bowman sisters married a McEwen and livd in Scotland.

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