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Intimations.
G. FALCONER & Co.,
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Intimations.
THE CHINA MAIL.
HONGKONG APPEAL COURT, confirms his former decisions it may be
Emphatic Protest by Chief Justice.
alleged that the Appcal in a faros." These sa neiras I can reccllect are the premise worda used by me in this conacation, I think Your Honour will agree with ma that it would be difficult to select worde
· Carrespondence regarding the Con-which would more complately dispose of stitution of the Appeal Court at Hongkong the interpretation conveyedğin your second- was laid on the table at the Legislative paragraph, The caly authentic report,
MITSU BISHI COSHI KWAISHA Council meeting yesterday afternoon. the Cocial Hansard, has already been
(MITSU BISHI GO.)
way as follows:
FRIDAY, DECEMBER 4, 1908
Intimations.
PROFESSIONAL ANNOUNCEMENT.
DR. W. R. LAMB. AMERICAN OCULIST AND OPTICIAN.
No. 11, King Edward Hotel Annex.
4. FALCONAR & CO. AN AGENT FOR KOBS'S FAMOUS TELESCOPES AND COAL DEPARTMENT 1 day last on the subject of the third Judgeddess, endeavoured to remove, that the nestret kinds and atyles of mountinge and lenses of the best quality ever brought to
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Chambers, Supreme Court, Hongkong, 25th September, 1908. Sir, I have read the remarks which Your Excellency wade in Council on Thurs
with surprise and regret; and I must enter a very respectful but emphatic protest COLE PROPRIETORS of TAKASIMA,
(CHI, HOJO, NAMAZUTA, SAYU, against Your Ezeellauer's view as reported SHINNEW KAMIYAMADA Colin the cowspapers, that the existing Appeal Court must necessarily be a farco," and that this view is supported by the Chief Justice. The public expression of such a view is calculated to do the gravest harm to the prestige of the Supreme Court in the eyes not only of Europeans but also
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That the constitution of the Appeal Court is extraordinary in so wealthy Colony as Hongkong is a fact which I have TEL. ADDERRIES for abors: IWASAHI.always adotted: that it is anomalous, that it deserves the strongest hostile Godes: A1, ABC 5th Ed., Western Union criticism, may also be conseded. But that
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is a very different thing from anying that it is a fares; for this implies that the Chief Justice is obstinately tenacious of his own pinious, and that he will never enge them whatever now arguments may be advanced on the appeal. Such an idea is contrary to the high-and they are very high-traditions of the British Bench to to which I have the honour to belong.
F. D. LUSARD, Governor, Do, His Honour Tho ⱭHE JUETIGR.
revised in this cause. I regret to note from the last sentence of Your Honour'e
the plea of announcing his return to Hongkong where he will remain until DECEMBER 11. letter that you still remain under He has all the latest and best instrumenta and apparatus for thoroughly examining. erroneous impression which I have so and refracting the eyes according to the approved and modern methode as employed in frequently and with mh apparent ill the metropolitan eye bospitals, and has the largest supply and grasteet variety of the Government is disposed to show no con- this Coloty, intlading veral theossed different compound and prismatis longos mais specially to order for the correction of stigmatism and other, abnormal conditions of sideration towards yourself. I have, 20sion, which the ordinary lenses will not correct. His facilities for attending those Inwood-of-Min mervices are equal in every spent to the best obtainable anywhere. abroad. Those who are troubled with weak or defective vision, who suffer from eye-- nobe, headache in the orbital region, inflamation of the eyes, or weakness of the work macies, or any of the numerous conditions due to eyestrain and necesitating the use of glasbena ToDet of these troubles are permanently oured by aconzate refraction and properly adjusted glasses, would do well to avail themselves of the present exceptional courpportunity and have their eyes perfectly examined and refracted, and obtain grass- of the right kind. There are hundreds, if not thousada, here, having defective sight, who have never had their eyes properly examined by a qualified onglist and who are using glasses which at least in nine cases out of ten are quite entable, and which not only fail to bring the vision to the highest possible mandard but the eyes are often much strained and the vision seriously and often prmanently impaired. If the nyss are in need of attention they should reopire it now
Chambers, Supreme Court, Hongkong, 29th September, 1908. Sm-I am much obliged for the teous information conveyed in Your Ex ellenoy's letter of the 28th-instant inform ing me of the actual words used by Your Excellency in your speach in Council op the subject of the conslitation of the Ful Court. The China Mail and the Daily Press reported in the way in which I referred to it in my lettor; and it seems to me probable that the reporters jumped from the beginning of Your Excellency's remarks to the end, seizing on the words "the appal is a facce" as making good copy." I much regret to inform Your Excellency that the words natually used in your specch re open to the same objection that I have already expressed to Your Excellency, and are entirely at varises with the traditions of the Bench. No ono who is familiar with the work of a Judge could suggest that if I know that the ides to which Your after heating fuller evidence in a case or in Excellency gave expression was current in several cases, the Chief Justice reversed hie 816 the Colony, and I took occasion some time former decision he did not know his own ago in Court to say that the constitution of mind, because it may be precisely this faller the Appeal Court being what it was I information (which on appeal is fuller' conceived it to be my duty to make the argument, and rarely fuller evidence) which best of it, and I assured the profession has made the case plainer than it was on that I come to the hearing of an appeal the rat caring when this information was with a mind absolutely free and treated it so not forthcoming. Nor could there be any "Innuendo" to the effect that he has far as possible ne a new case. Only recently begu infiuenced by his Junior. The Chief - I said with the same object in view that Justice is only primus inter pares, The Judga is alwaynassumed to have the honesty Full Courts at presont constituted necessary to reverse his own decision it, on enables the Chief Justice to have the as- further argument, it is shown to be wrong-sistance of the Puisne Judge; discussion A second argument often puts things on abstrass legal questions often makes in new light, and points often occur pointe clearer than they were when frat to uno which did not present themselves dealt with by one Judge. And for the on the first. A second argument and a reasona given in my former letter the fact second judgment upholding the first way that the Chief Justice with the assistance lead to a clearer appreciation of the law of the Poiana Judge confirms his former and prevent an appeal to the Privy decision cannot in any circumstances render Connell. Although has not happened the appeal a farce.
THE... FIRST ANNUAL DINNER
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up to the present that I have had occasion
The defects of the present system are
to revers a judgment. I have giver, on minor points I have frequently had occasion patent; but with much respect, they are to change my views, and I can quite con-not those which Your Excellency has soire the possibility of my doing so on a pointed out. And the stuphasis which has been laid upon them by Your Excellency
cracial issue.
De Lambs is certifiestad in Optics as well as 'medicine the has had over twenty yaara professional experience so that all glasses he supplies to his patients are warranted. be correct. He has thousands of references and testimonials from influential pirisane of several British Colonich he has visited frequently, and an assure these in need of his services here, the most thorough, reliable and satisfactory professional
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I am at the present time engaged in cannot fail to be very detrimental be the 19F) preparing a judgment on an important prestige of the Court among both Euro- appeal; it took naus days to argue in the Peus and Chinese, which it has been my Full Court; the writing of the judgment conslant aim to maintain at the highest will probably take 10 fall mornings' work, of at least four hours day, and though
will be.
level.
With reference to the last paragraph of
I am nor half way through 2 lave not the the letter under reply Your Excellency is remotest idea what the altimats judgment always very good ir assuring me that my It is not impossible that this opinion is not well-founded when I say judgment may prevent the case going to that the Government shows no considers- the Privy Council. Your Excellency will tion to the Chief Justice. I can only say agree that when so much care is given to that 3 years experience does not bear out appeals the word "face" in hardly applic- Your Excellency's courteous intentions, able; and it is the moro unfortunate that The question is one which I have very such an expression of opinion should bare much at heart, and so long as I am Chief fallen from Your Excellency while a judgJustice of the Colony I shall continue to ment in an op; sal caso is pending. I must do so. hot me put to Your Excellency confess that I should not like to deliver a two instances which will explain my judgment even on a small matter which was meaning.
daarsed to be giren in fanéical conditions. For 3 years I have pointed out that the I think therefoto that Four-Excellency will Chief Justice has to do the work of not besitate to remove the impression which two Judges. Acting on information must have been caused by the remark at
which was never submitted to me some future sitting of Council.*
Sir practically informed the Secretary The report of Your Excelloney's speech of State that this ar
not a fact. also says that you have like Your I have at last through Your Excellancy's Excolonay's predecessor, found the geners1
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opinion to be that except for, the purposes courtesy beer shown this information, and of an Appeal Court, a third Jadge is not hava pointed out that it was inaccurate inmediatoly roquired. I think it my duty from beginning to end. I have receivde. //
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to point out, to Your Excellency that I answer, so that I must assume thaNATURAL. koow no one who is familiar with the work- opinion is disregarded. Even the carefully ing of the Court who is of that option. drawn-up Tables which I had spre PROGRESS IN THE ARE OF
The fact is that the pressure of the last few and which support ray statement have months has boon so great that we had elicited no
comment. Even as one.
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Brived almost at breaking point, and Judes doing the work of two at cortain PURE NATURAL COWS MILK
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1 tad been laid up for oren days "double tides" to get through the work. PESERYE FIS Goon TASTE IN ANY CLIMATE, with influenza, the whole, work of One of such periods which has covered the the Court wouki have been dislocated last 2 or 4 months is just over and pat to the great inconvenience of suitors. cap only add that I was in hopes that the Gorerubient would show some slight con sideration for myself. I have, &c.
F..T. PiGeors, Chief Justice. His Excellency Sir Frederick Lugard, K.C.M.G., Governor of Hongkong."
Government House, ..
in spite of my re-iterated opinion that there
is no immediate necessity for a third Judgo. The effect of this on my mind can only be that the opinion of the Government is that I only want a third Judge, appointed to sava myself work. Surely Your Excolensy will agree that this is no of want of consideration for the Chief Justice.
Let me take another case. There was
Hongkong, 36th September, 1900, augestion is que of Your Exceliancy's
Sir,In reply to your letter of yester,
letters that an Appes Court could be dag'e date. I have the honour to inform you feened with the assistance of the Judge of MEMBERS wishing to attend should that I did not so the word area, con Bhangbai. Hearn from Your Excelatoy's
names to T. QHEE, Hection with the existing Appeal Court of Becretary.
Hongkong, Documber 3, 1908.
speech in Council that the suggestion hea
1031 this Colony. I spoke deliberately and boon forwarded to the Secretary of State I am correctly reported by the South China in the concrete form that the Judge of Morning Post as having used the word unsatisfactory." I was so anxions to
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Shanghai should come to Hongkong EMBERS wishing to stand the make it Eplain to the Council that I to it as an Apppeal Judge wise a held at tho. HONGKONG HOTEL, 201 SATURDAY BIL, will please notify the Court, but only criticised its Constitution, opinion before. sanding this suggestion Undersigned (alan state uumber of guests) in the way you havs, yourkelf criticised forward, 1 should have pointed out the not later than FRIDAY, 5jh innti
NATURA MILCH EXPORT
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it that Ladded further explanatory worde difficulties in the way of making the scherse GEST (which have been omitted by the Reporters offective, and the inconveniences which Honekeny, December 3.1908. 1884 to she following effcets Its no less un must result from its that stages must he satisfactory to the Chief Justice himself made it the law had Code & Frondure: KOWLOON ORICKET CLUB,
than to igbute for if he raverata bis and that it in only work by most sorivusly former decision after heating faller ofi hamparing the other niness of the Court. THE FOURTH ANNUAL CHILD. depes more spécially if this should This quite apart hom thehocent objep 80LE AGENTS -—
RENS SPORTS January, let, 1980 take plans on our more than one-he way jay himself one to the schem
open to the lannendo that he does not. Bat the scheme, has aparently heal TORKE
at home, and the Chayo ba work Honorary, know his own miss a blust h Hongkong, December 2, 1908, 1963 by his Junior. If the one
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M. MATTHAEY,
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