MONDAY, MAY 10, 1909.
A JAPANESE LOAN.
ի լ:
(Reuter's Service to the China Mucus Copyright protested under Ordinance. 3 of 1805.)
15
مسطا
LONDON, May 9.
GOVERNOR AS PLAIN-
TIFF. **
1}}
SHOULD IT BE THE KING?"
ΠΟΣ
THE CHINA MAIL.
AUCTION OF RACE PONIES....
Reclamation Ordinanoo' laid it down that the Govenor was the oflocron behalf of the Government who was to enter into
The following wore the prices obtained agreement under the Ordinando, much in agreement, for instanco, as referred to in by Mearra Hughes and Hough for the race the statement of claim lu Paragraph. 5. and palo ponies they suotioned on Satur, That agreement, he submitted, was a day aroning: Mavourneen, purchased by agreement clearly made in that form in the "Cat's Paw of Greedy Chinese."
Ordinance. It was made by Mr Bruce Mr Dowbiggin, 985. y Bhauraboo, purchas A loan of £10,000 for the city of)
Shepherd for and on behalf of the Govered by Mr Mackie, #45; Minnow, purchased In the Supreme Court, to-day before nor, made, as he should submit, under the by Mr Thidpotter, #45; Chestnut. waler Nagoya, Japan, has been aned at 95.His Lordship the Chief Justice (Sir Franols statutory form in that Ordinance, so that
mare, purchased by Mire Parker 820; brown Piggott), His Excelleney the Governor (Siz "the Governor" in the artician of agros- F. D. Lugard), for, and on behalf of the mont in Paragraph & in the statement of mare, purchased by Ah Fook, #95. Kilklós
claim included the whole string of Gorar and two other ponies wure withdrawn. Govornuunt of Hongkong, brought an
nors, so to speak, of this Colony. In fact, sation against Chu Ping, of No. 313 Des unless that wero so a very great absurdity Veux, Road, claiming specific performance would result, because it would mean, by the defendant of agreements dated 19th seming him to be altre. that before his learned friend's client could possibly claim December, 1880 and 26th July, 1907any good title at all he would have to geb in aspect of Marine Bot. No. 53A.
sono sort of assignment or confirmation The Hon. Mr H E Pollock, K... in of title from Sir William Don Yeux. structed by Mr H. L. Donny, Crown Solicitor, appeared for His Excellency the Governor, while Mr M. W. Slade and Mis G. C. Alabaster, instructed by Mr. Gedgo,
LONDON, May 10. The Nagoya City loan was over sub- soribed ten-fold and is now quoted at 11 premium.
THE CANTON-HANKOW RAILWAY LOAN.-
NEGOTIATIONS TO BE RESUMED.
France, England and Germany to Participato,
(Reuter's Servies to the China Muï;" Copyright protected under Ordinance. 3 of 1894)
LONDON, May 10.
of Messrs Johnson, Stokes and Master, were for defondant..
SPORTING.
Tennis.
The tennis tournament between the Mr Slade-Oh no; His Majesty the Ladke Recreation Club and the Hongkong King would quite satisfy me.
Mr Pollock-If the word "Governoz" | Cricket Club, which has been twice post- limited to Sir William Des Yeux y poned, will take place on Wednesday, com- friend's title would bayary much in the air mancing at 4.45 p.m.
Kr Shade I beg your pardon; I should be quite satisfied, with it."
Mr Pollok.
Motor Boat Racing. k proceeding, said there was another rosson why it would be absurd, ta limit the word to apply only to Sir William
-A ̈mator boat race round the island of Das Toux. This reclamation was wirk occupying spreral years before its comm-Hongkong promoted by the Corinthün pletion. As matter of fact, the Yacht Club, took place on Sunday and con- reclamation of this particular lat was siderable interest was taken in the event. not begun antil May, 1990; very nearly Two of the prizes wore presented by Mr Reclamation Ordinance of 1889. Surely. thorofore, he was on solid ground when he obtained through the entrance foes. “Six anid that not only would it be an absurd but bonts started as follows:- An impossible construction to adopt to my that this agreement was an agreement entered into with Sir William Des Voeux Elis Lordabip-In the agreement the Governor's name is not even mentiongi. It is an agreement with the Governor.
Mr Pollock-Ng; quite so, my Lord
In Berlin it is semi-officially stated that negotiations will be resumed in a fow days for the settlement of the in 1889 with the Gorurner of Hongkong sad 10 years after the passing of the PC. A. G.. Roberts while the third was!
Canton-Bankow railway question, and the manner in which the money is to be loaned to China. It will be proposed that the German loan be increased to £5,500,000 and extended to the lined from Hankow to Chengtu, while the Anglo-French group of Enanciers will enjoy certain previleges with reference to the delivery of material for the Haukow Chengtu line and will have the right to settle the appointment of the Chief Engineer of the Cantor: Hankow section.
JAPAN AND AMERICA-
FRATERNISE.
REAR-ADMIRAL IJICHI
ENTERTAINS..
(Reuter's Service to the China Mad: Capright protected inter "Udinate, 3 of 1894.)
LONDON, May 10.
Mr Polluck read the pleadings, which were of grast length, after which Mr Slade moved that the notion ho dismissed. He said his Lordship would see that the actkin was founded upon the rights, which were alleged to be plaintifs by virtue of tere agreements. The first agreement was made the second agreement was nude ostensibly with Sir Henry Blake in 1890. The pre- bent action was brought by Sir Frederick Lugard, Governor of Hongkong, for mad. en behalf of the Government of Hongkong. his Lordship took portions of that title soriatim he would sue that au possible portion of the form of words used to action at all. In the first place taking him describe the pinintiff eave him any right of as an individual the statement of slain did not in any way dedaço his title from his predecessors in office.
His Lordship asked if thers wore any clause in the Interpretation Ordinance."
Mr Pollock-Yes, there is
Mr. Slady said there was a clause in the Interpretation Ordinance which stated that in all ordinances the Governor meant the Governor for the time being.
His Lordship It does not deal with rights.7
Governor has ever brought
Ris Lordship Is this the first action the
M. Sinde I believe so, my Lord. I da not know may other. I think it is in ounceivable that any other should have been brought Proceeding. Mr Slado said
His Lordship intimated that he was with Mr Pollock. · Here was an agreemont made by Statute which Authorised the Govarner as the person to act As it had to be signed he must use his own Time, and it was perfectly eloar that the agreement could be entered into by any Governor, because the Governor's name was not mentioned in it. o ang action on it brought by any Governor could proceed. Speaking as law officer he thought the title was good, but he would give a more tornial decision later.
IL M. N.
-10 w
Lark, sailed by J, W. Kaw
audic, sailed by A. Ramsay,... 10 36 38 Vital Spark, sailed by. Byrne 10 41 32 fan, sailed by Dr Pearse.... ... 10 55 01 Tarras, sailed by G. K. Haxton... 10 8 68 Veronica, sailed by C. A. G.
Roberts...
... 11 39 16 A good start was made. In Lyamoon Channel the wind was found to be in a northeasterly direction which became more easterly as Cape Collison was 'roached:
A heavy swoll was then encountered and
A Ma. Kong Island, where the weather was much calmer, the Tarras put in to obtain a supply of ferosene so did not finish the race. Tho results were as follows:
Lark
444
***
***
•
K.
་་
J.
39 43
30
15
47
00
19 23.
43
At the conclusion of the race the prizė were prosented by Mr Roberts who wished prosperity to the club.
Mr A. McKirdy suitably replied and souvenirs were also presented to the other! startura,
Running.
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ALEXANDRA CINEMA-",
TOGRAPH.
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"Mr Sinde replied that there was no con. nection with rights at all. Proceeding Mr Slade said he could answer every said it ought to be shown on the face of point raised. The only right of a Goreraor the pleadings how the title got from for the time being to stand in the shoes of Maudie the then governor in 1899 and Sir Henry a prior Governor arose from Ordinance and Vital Spark Blake into the plaintiff. It might be nothing else. The Ordinance was plain Jean that plaintiff had a title but it did not and strictly limited So tica & confined Veronica appear on the face of the pleadines. the rights strictly and literally to inte preta- The difficulty was not cured by the ad-tion of terms in the Ordinanes. Where an dtion of the words "Governor of Hong-ders deed the name of an office appeared of
which kong"
was his title. There Rear-Admiral-Ijichi: now visiting the no Ordinance in that title which gave a certain office, that deed would be void
assignment to a man underhis title as aciding United States with the cruisers Ass and the Govornor of Bongkang right of action, it was a pullity. If it were otherwise a sistate Ordinance would have been passed Soys (formerly Russian warvessels, but He was not & Corporation, and he was
given no right of action by say Ordinance to say that wherover in any document & now the training squadron of the Japa of the Colony. In all actions against the name of
that should officer ART
appeared that hese Navy) bas entertained 700 San Government it was provided by the Code be road as meaning both the officer for the that they should be brought against the time bring and any officer administering Francisco notabilities on his fingahip. Attorney General.
that particular post. But that was not Afterwards the Goverocr of California
so. Then in the Praya Reclamation Or
A telegram from Now York reports that dinance the Governor might, if he thought the Mayor of San Francisco and a num-
se, enter into an a reement with the leas Shrubb defeated St. Yres by 1 minate 46 individually,
thess ber of aaval and the "officials dined
acceptance
signifying their seconds in fifteen-mile race, his time of auch agreement po board.
the terms and subject to the conditions being 1 hour, 28 minutos, 19 seconds. the ultra words in the title did not help the got forth in the form to the Schedule Note-A telegrain from San-Francisers to the Japanese pres rends:-Rena-Adam for and on behalf of the of the Ordinance. So it was perfectly clear Government of Hongkong." There was no that the form in the Schedule of the uchi legal untity as the Government of Ordinance was not incorporated as part Hongkong known to the law. The of the Ordinance. It was clear that a
wayn loose agreement entered into by the Governor in expression: it WOW VETY hstood in
ordinary language, but it binding upon the parson whom the Goy-matograph "to-night when a special pro-Transplanted Daughters, by Mrs Burton Tushu expression on the same par as ernor represented, namely, His Majestygramme" is to be gone through. Miss
the Cabinot" in England. As the King
An Antram's Husband, by Gertrude action could not be brought against the After further argument, bis Lordship Ruby Ray continues to delight the Cabinet.
It was perfectly well known said if the two agreements in question lay audiences with her singing and dancing brought for and on behalf of the Govern he agreed that the action was rightly procurable.
common law that an action which was within the four corners of the Ordinance while the pictures are all of the best ment of England was brought absolutely brought but if they lay outside he
airould in the name of the reigning sovereign at require some further consideration. He the time being, unless there was special should I ke to see the authority which the legislative enactment, say a Charter, which Governor for the time being had under the created the offer of one of the Secretaries Ordinance to onte into such an agreement. of State, or other high offices of the Crown, l
Mr Pollock and that opened up að into a Corporation sole. But for anything enormous part of his c which was not covered by such exception the plaintiff was the reigning Sovereign for THE IMPERIAL ENVOY. the time being. The judgments of the Court of Appeal made it quite clear that there was no legal entity known such as Wuh Tiz Tat Ru's Servic)
the Government of Hongkong. PERING, May 9: It is now proposed that Prince Tsai Tao, brother of the Prince Regent, shall
Mr Slade-If the named plaintiff hw not accompany Prince Tain when the latter
geb right of action the assertion that goca abroad to convey the thanks of he is weing for and a bobalf of the Gov China to those states who sent represent-crament of Hongkong will not give him atives to the filueral of the late Emperor.
pleasant talk. In the course of the eu Gevorment of Hongkong under his expacity as Governor wavan agreement numerous patrons of the Alexandra Cino The Swoop of the Vulture, by James Blyth.
Ijichi called on Rear Admiral B. D. va to-day, when they had a long and very versation, the American Rear-admiral snid that the historical friendship between Japan and merica was too strong to he disturbed by the proceedings of respon sible people or the intrigues of a third At that moment a photographer nation. Arrived at the Hotel, whereupon Admiral Evans jokingly suggested that Japaness American war commemoration picture" hould be taken. Tha Japanoue Rear Admiral smiling agreed to the proposal, and the two officers were then photograph
atanding side by side. When the picture had been taken, Admini Eras brelaimed Now the American-Japanese war is over."
nd
MANCHURIA AND FENGTIEN
(Wah Tu Yat Pổi Service.)
PERINO, May 9. Viceroy Si Liang, of Manchuria, is appointed acting Governor of Fengtien.
THE CHINESE NAVY.
(1ch Im Yai Bus Service.
PERING, May 9. As a first step towards reorganizing the Chinese Navy, it has been decided to refit the Southern Squadron and Admiral Seh has been directed to make a survey of Sam-es, in Fakien, and Nam-tin, in Chekiang, as to their suitability for Naval stations.
NEW GOVERNOR OF KIANGSI.
(Pak Ta Yat Po's Service.)
PEKINO, May 9.
I is proposed to appoint Sui Ching
at present Provincial Treasurer
Kiangen, Governor of the Province.
"
of
NEW OPIUM TAXATION.
(Wah To Yat fo's Service)
PERINO, May 9 From the 4th moon, the Board Finance will increase the taxes cù opium
His Lordship said if the agreements came within the four corners of the Ordinance
CORRESPONDENCE.
THE GARDEN FETE.
(To the Editor if the** CRINA MAIL") = Sir, The Committee of Management of
then he decided informally that the parties the Gardon Fête organized in aid of the to the action wore sight. If, however, as the agreements foll outside the Ordinance Soldiers. and Sailors' Home and Seamon's he could not decide on the point without Institute desire to convey through your going into the case. Therefore he should paper their best thanks to the following reserve formal decision on the point.
The case was then commenced, and Companies and individuals who contributed later adjourned
His Loodship. But I am not quite sure whether it is not sufficiently indicated when it is put as it is here. I am not quite sure that the same principle applies.
that right of action.
His Lordship-Supposing I were to bring an action for and on behalf of the Gover ment, it would be different, but when it is the person holding the same office there is the principle running through it that he is sucing in the same title as his pre-
decessors would.
Mr Slude Then let bim stato his title. My objection is that the action is defective becausu his title is not stated in any way. That is with regard to the individual plain- tiff,
and I BAY cutting out the individual plaintiff La suit by a Governor on behalf of the Government is no suit at all. He may be clearly a proper plaintiff, but it is not
A FORTUNE TELLER IN
TROUBLE.
__
The case in which Chan Wao Eicg was summoned by Fung Chun for obtaining by false pretences fifty-nine pieces of jawellery valge 83,045 was continued before Mr F. Hazeland, at the Magistracy this after
*1000
Cross-examined by Mr Shenton a female witnom said who want to get her fortune told by defendant because her amah had told her he was a skilled expert"
Did you go to know what your fatura A Yes.
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in the past?
Harrison.
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QUOTATIONS ON APPLICATION.
ו ་
of charge all the lamps and holders for the 31, Queen's Road Central, illumination; Mesars Hang On and Co., holentall the crockery, glassware, cutlery, tables, etc., Mosure Lano, "Crawford and Company, The Dairy Farm Company, Caldbeck, Macgregor and Co., Price and Company, "A. S. Watson and Co., Weismann, Ltd., The British American Tobacco Company, Mr Vicente Atienza, Messrs E. Ros and Co., who donated abundant and sundry supplies of refresh ments, provisions, cigara, cigarettes, etc.
The Committee is flso indeb ed to the on Tuesday last. The Japanese steamer Various makes in stock, including TANGTE & WORTHINGTON following frms for monetary contributions Daijin Maru from Beuskong and Swatow
ท
(From Our Own Correspondent.)
AMOT, May 6.
MORE SMUGGLING, Another seizure was made by the Custom
for a Fund to start the Buffet and defray was discovered to have a quantity of
shown in the statement. I do not want to than Imada e Castro for the prosecution ita azpenavs :-Sheran, Tomes and Co., Giasang in har tween decks to the valns of
advise ray friend, but the obvious plaintiff in this caso in His Majesty the King. But how far the King would approve of being. mndo tire the cat's-paw of two greedy Chinese who have been already defested in the Privy Council I don't kn w..
His Lordship-I am not quite sure that the King would be the proper party.
Mr Slade said the whole suit was with
Mr
objected to the question.
Were
you not a concubine ?—Yes.
..
Were you not on bad terms with th No. 1 wife ? No, I never had a word with her.
Standard Oil Company, McGregor Bros about 81,000. The stuff was confiscated and Gow, Douglas Laprak and Co., David and investigations are being made as to Sasoon and Co., Canadian Pacific Railway, where it was smuggled on board. Dodwell and Co., Gibbs, Livingston and
CUSTOMS CKANOZU.
What did be say He said I was very Co., Hamburg American Line, Melchers Changes in the Customs staff here, both
sold to saver families.
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Various other Manufacturers.
Did he tell your furtune 7-Yea
poar formerly,
indoor and outdoor are coming in quick What oleo did he any 7-Eu sa'd' I would and Co., Java, Chins and Japan S.S. Line, succession. Mr James Rose of the Im- regard to Crown lands: Crown lenses hadhara to bid I had to remove the melangkong, Canton and Macao Steamboat perial Chiness Post Office, who had been in to be granted and His Majesty's momto ap You-He
shred on the lasses, which were granted on my acc, and if I did not get it taken Co., Nippon Yusen Kaisha, Toyo Kisan Amoy nearly 4 years, has left for Shanghai, and his place taken by Mr Terry, who Kaigba, Pacific Mail S. S. Co, Jobson and comes down from Peking. Mr G. E. by the Governor for and on behalf of His off it would get bigger. Mnjasty.
What else 7-He anid I must worship, Co., saks Showen Kaisha, Austrian Lloyd Fletcher of the Indoor Staff leaves for Home in a few days, and is followed by Mr Pollock, replying to the points raised, and further said "if you do no know how
Navigation Company. mid it must be noted that in the Inter-to worship. I will worship for you."
Mr Koxpal. Mr Fletcher is one of the bast The Bobiuson Piano Company kindly all round sportesen Amoy has ever had the pretation Ordinance, 8 of 1887, Section 5, Anything else He said if I did not it was enacted, that in that ordinance and romere the mole I would look wealth loaned the musical instruments, and "A honour to bare within her borders, and his mere man," unavoidably absent, saxta departure is regrotted by his many friends, other Ordinances passed since May 22nd, and children. 1887, the word "Governor "should include Did he worship for you?-Yoo. the afficer for the time being administering Where? He said he worshipped in his contribution after the Fete. The Com- both in sporting circles and otherwise.
mitteo also desire to render special thanks Mr Lawrenson, Bost Beer, goes homs A Brilliant, Safe and Cheap Illuminant by Kerosene Oil, the Government of the Color. Therefore own house. he took it that in anything atatatory the Governor would include the officer for the time being administering the Government of the Culony, and he also took it that the "would be words "for the time being enough to pass on such title as he Governor had to every other Governor administering Yes. the Government of the Colony. Therefore, Were you assuming something had been done under child Yes. Statute, the right of the Governor during
Did you see him worship —No, Di he wk you for money i—Yes.
How much -85.
For what 1 Fur worshipping. Did you give it to him
Yes.
to Mr He Kom Tong, who not only densted and organized the sale of flowers and re, freshments in the Chinesa stalls, but took en active interest in the silo of tickets, and to Mr Matada. Chairman of the Nippon Club, who also assisted in the sale kidnapped when you were a of tickets and arranged the oxcellent Ju You went subaequently to the fortune-Jitsu and Sword Fencing Performances by
pupils of Profüasors Sakurai and Kuwa
The fortune ho told you was correct?
of whose period of Government the document teller 7-Yas, anos.
was made or the contract entered into, would
on leave abortly, and assistant Examiner J. H. Thatcher has been transferred to Kong Moon...
WEATHKIL
There has boot great deal of rain lately and thick fog outside most of the time. Evarything is dissireeably damp, and the megy close hout of the last week has been very trying,
PJ
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The report of the Administration of JOHN & ROBERT HARVEY & CO., LIMITED, Why did you go there 1-To ask him to hats.
Mont valuable and willing asistance Korea by Japan by Prince Ito, the Resident pass on to his successor holding office. It tell my life story.
What again 1 was important to establish that preliminary point because ss.a matter of fact the Mr Almada-Sho want to get her life was also received from several, officers and General, shows that the out-of-pocket ex-
men of the Army and Navy, and from!
ESTABLISHED. 1770.
NORWEGIAN STEAMER RUNS | documenté which were entered into in the story the first time and to hear "it read the Civilinna generally, and the Committee Penses of Japan in completely reorganising HE" Undervigand bave been appointed SOLE AGENAM in Hongkong «ző"Bas
prosent case by Chu Chamu, the defendant's second time. predecessor in the title, wore documents Mr Shenton-Ba gave you the banal feels that, the success of the Fate was due Korea amounted to £14,500,000, which were entered into in the form of written papur 7-My amah brought it to to the hearty souperation of the Colony in
ABHORE.
The Norwegian steamer Hellos recently 280 ashore on Hainan Head bank, from which she was swisted off by the German ranboat Luchs. The Luche then continuod her voyage and reached Hongkong this -morning.
the schedule to Ordinance 6 of 1889. The operative pars in that Ordinance mated that it was for the Governor, or somebody on his behall to enter into the form in the schedule. In other words, the Prays
Where la it-He said he had to take the paper and pray for 13 day
Further evidence was taken and the case was adjourned.
appreciating the object for which it was organized.
For the Committee
ALB, MORENO,
Secretary:
China for the shore Company's WHISKIES
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'19
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