BY
SATURDAY, MARCH 15, 1913
TELEGRAPH. BY TELEGRAPH.
(Baster's Bornios to the China Mail.) | {Reuter's Service to the China Mall,)
wwww.m
TERRIFIC STORMS IN
AMERICA.
TWENTY PEOPLE KILLED,
LONDON, March 15. Terrific storms have occurred in the outhern United States owing to cloud.
· burala,
14.
GREAT BRITAIN AND AVIATION.
£1,000,000 FOR DEVELOPMENT OF AIR SERVICES.
LONDON, March 14 The Aerial Longue of the Empire
Twenty people have been killed and has issued a manifesto urging the many injured by a cyclone at Buenos necessity for an immediato vote of Ayres. where there were numerous £1,000,000 for the development of air casualties, and vast damage to property.services.
Colonel Seely, speaking at the annual ‚· THE UNIVERSITY BOAT RACE. lianer of the Aare Club, said that the Chancellor of the Exchequer had OXFORD'S VICTORY,
agreed to the sum requested for, the increase of the number of military neroplanes. He said that the progress made in Englaud in regard to aviation during the past year would equal that of any country of which we bad any need to fear in the future.
LONDON, March 14.
Oxford boat Cambridge in the Varsity boat race by three-quarters of a longth. The sun shone brilliantly, and the course was smooth. The Prince of Wales followed the race, being companied by the coaches in a Jaunch.
THE RACE.
Cam-
Cambridge struck the water first at the rate of 36 to "Oxford's 34. bridge led lightly, and continued
SACRIFICING TARIËT REFORMERSI
MR. A. CHAMBERLAIN'S DECLARATION.
- LONDON, March 14.
AN INTERESTING JUDGMENT.
Consirning the Buliding Bye-lawn.
THE CHINA MAFL.
198 point -Objection. is. seven feet. taken that the plais do not admit it de sub-division of the whole area of the story-abere-the groung storey in rooma of the diancessions required by the section. The reserved judgment of the Fall The Attorney Geneal stated that: the [Court was delivered this morning in the plans show too much depth for such diri sin and the object is to ensure that the matter of the application made by M. winds non shall be capable of providisk Eldon Porter, barrister, on behalf of windows so that each room shall have Stests, Palmer and Turner, architects, a window of the statutory dimensions. The architects contend that there is ho for a writ of mandamus to issue against mention in the Ordinance of the "whole the Building Authority or other crilor of arca" of the storeys and that if such ax- the Court calling upon the Authority to sumption were acted upon no space would
Now Section 150 certain plane deposed by the be available for passage ways offer in- opplicant. The plans referred to the gross to the moms. action of certain Chinese fats and Eurodils with light and air and specially sets out the necessary requirements as to win- dows in avery storey, and placing what I think is a strict and logical constructions na section 133 I am of opinion that the architects' contention on this point is a correct one, that while the rooms must comply with the legal dimensions the sub- division should be such as to enable the rooms to be "estructed maintained or
pen house
Mr. Potter was petructed by Mr. E. F. C. Master, of Messrs. Johnson, Stokes and Master; and the Attorney Gancen, H. Mr. J. A. S. Buckwill, instructed by the Crown Solicitor, Mr. J. E. Kemp. opposed the application.
The Chief Justice and the Puise Judge both delivered separate judgments and agreed that the application must be die missed, but without any order na to cxeta. The judgment of the Chief Justice is appended; that of the Puisne Judgo was in substantial agreement with it--
His Lordship said :-This is an applica tion for mandamus ou A rule nisi granted by me calling upon the Building Authority to show cause why he should not approve certain plans of proposed buildings submitted to him under the
Mr. Austen Chamberlain, addressing Public Health and Buildings Ordinares ahead, though with only half a length |& Tariff Reform League meeting ges-of the 'olony. The application purports advantage, in a ding-dong struggle, at terday, said he regretted that the be made under the provisions of see
Afterwards Oxford Tariff Reform amendment to the Bammeren:ith.
thm 245 of that Orlinanes. That section been prevented by gives a right of appeal to the Goven spurted vainly, Cambridge stiil leading Address had At Barnes Bridge. Oxford draw up at Radiest blocking motion. Ha asid Come against the decision of any Mortlaka Brewery, and amid the that he and others had made great and
it cumiaitam a provian Ordinance, and atmost excitement spurted gallantly, bitterly felt sacrifices in the interests entrusted with powers under the and won by three-quarters of a length. of party unity in agreeing to the now which, reads as follows-Provided that The time was.30min, 3380ca
method, of Tariff procedure, but they nothing herein coutained shall be deemed to prevent any persat from applying to did so without abandoning one single Supreme Court for a mandamus, in other cedar, TURCO-BALKANS WAR.
aim and on condition that the others junction, prohibition or were equally loyal. If that condition should be elect to do so, instead of ap FIGHTING ON LAND AND SEA is not observed," he declared, we pealing to the Governor-in-Council under cannot be asked to persist in the this section. It is contended by counsel for the applicants that this proviso sreales a specific remedy of mandamus both on questions of fuct and law irrespective of the appeal to the Governor-in-Council. and that English authorities relating to the writ of nariams in the case of
LONDON, March 14.
A talegram from Constantinople says i believed that among the additional dimends which the Allies will present to the Powers is one demanding fall rights for their subjects in Turkey, and this, it is thought, will prove another stumbling block to the conclusion of
pesos. It is also feared that the mediation will end in
attempt at failure.
ANOTHER GREEK VICTORY.
reported from Athens that the Oreeka occupied Premeti, and the -Turks at Delonia fled in a panic.
SERVIAN TRANSPORTS
SHELLED.
A message.from Belgrade states that the Turkish battleship Hamericà shell- ad two Servian transports. Both were ast on fire and considerable damage to stores and ammunition was caused. About 50 men were killed.
MORE BOMBARDMENT.
After bombarding Durazzo
sacrifice."
SPORTING.
Cricket.
II.M.S. TAMAR. RBT HAY D.C.L.I. This match, in the Soldiers Club Shield competition' was played at the Happy Valley yesterday, 11.M.S. Tamar winning easily by 37 runs, scores :— TEMS. TAMAT
Neil, b Ostler ... Poole, run out... Hartley, run out Anderson, h Moseley Pickard, b Moseley...
French, a Baldwin, b Moseley Mees, e Cann, b Monolay
Turner, Moseley Brown, not out Frost, c Baldwin, b Ostler Baroard, h Ostler.....
Extras
Total......
BOWLING ANALYSIS,
It.
PASHDOEC...............
18
r
13
34
Cann.
Moseley
3
}}} JE
...... IS
A
27
the Howell..
2
RIGHT HALE DILLI.
Hamlich departed for Giovanni di
Medua, where it bombarded the Ser-tler, Mees, Frost...
Palmer, a Hartley, b Frost
rien barracks with little effect, the Cann, & Ponile... Artillery returning the fire.
THE BRITISH NAVY ESTIMATES.
TWO MILLIONS FOR NEW CONSTRUCTION
LosDay, March 14.
Smith, Pickard, b Anderm Lunnon, Frost
b Frost Passino, Moseley, e Turner, b Anders Murphy, e Pickard, 1: Frost Candler, b Anderson Baldwin, mut Howell, b Anderson
Palu..
Extra
www
Total... BOWLING ANALYHIN,
0.
3
The Navy Estimates rench £46,309, 900, as compared with £45,075,400 Frost......... for the current year. Of this sum Anderson ............. 23,052,400 is for rew construction, aonsisting of five battleships, eight light croisers, 16 destroyers, and a
umber of submarines.
local authority have no bearing in this colony wing to the terms of the proviso referred to. Although for renecen, which
used for looping purposes ** (neo xub. section 1 of the section in question) and this of necessity must allow a pasadge
way's and stairs. The words the whole ares" do not appear in the section and no suficient grounds have, I think, boon shown for reuling them into the section. On the contrary their insertion, it seems, would make the provisions of the section unworkable. Send point-The second) objection taken to the plate is that the servants' quarters exceed four storeya in height in contravention of section 188 (5) which reads "no domestic building shall
expeed, four storeys in height in. uding the storey," New a
follows: "Sterey story is defined as means the space between the upper sur, face of every floor and the upper surface of the door uext abers it if there be no such floor of the roof next above the
Lane,
Crawford
& Co.
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said floor but does not include any space which is provided for the purpose of ven-
The Building height than nine foot." blation or any space which has a less Authority ways that the applicants' plans show that the space between the upper surface of the Hour of the basement and the upper surface of the floor next above ALL SILK REINFORCED it is nina fet in height and that space; therefore is a story within the meaning of the definition I have referred to. The architects, however, content that space ANTI-RUN GARTER TOPS. means "clear space between the top
our free and the upper surface of the for above it, and Mr. Petter experi
gented to show that by raising the Acor of the basement or by adding to the lower surface of the floor above it would not
HEEL AND TOE.
'ONYX'
in storey because it would have a SEAMLESS SILK height of less than nine feet. We have, however, to deal with the facts as we find
I shall subsequently state, the question them, and it is not for us to consider does not actually arise, I adhere to the whether some slight structural alteration view which I expressed during the arg. would have complied with the legal re ment, that the proviso simply preserves gairoments or otherwise, Now the de in the applicant in exprsa terms the finition of storry does not, use the words.
"clear" space and it appears to me that common law remedy by mandamus in ...47ion of appeal to the Governor-in-Council the architecte in this contention are seek.
48
4 and goes no further. Now the numering to do in this case what they objected
1
oua authorities recited to us by the four- to the Building Authority doing as to the
A od Attorney-General show that the Court whole area "in the first ground of ob-
14 will not interfere by mandamus with ajection, viz., reading in a word which
0
local authority which has exercised its does not appear in the definition. Now
1 discretion on a question of fact, and un-section 116 of the Ordinance discrimi
elear" space doubtedly there is a chain of authorities nutes between space and
3
in support of that contention; but it is by the specific use of the latter words, also clear that a mandamus will lo whero and if clear space was intended I see no clear" should not (un action of the lend authority involves reason why the word
a question of law and not of fact. The have been used in the definition, nad in latest authority Rex v. Preston Rural tho absence of the word the definition Distrier Council, reported in Vol. 106 of is. 1 think, devoid of ambiguity. On this Law Times 1912, appears to me to be point in my opinion the objection of the i vulid. Third W.quite analogous to the present case. It Hailing Authority
...IZO
24. decided that where a building owner sub-point-The third paint is that the lowest 3mitted to the local authority plans of storey, i.e. the basement does not con- proposed now buildings, the plans com-tain a cleat space of nine feet measured plying with the bye-laws the local author.vertically as required by the proviso of ity had o jurisdiction to refuse to section 11 (1). It is not disputed, I approve the plans and the Court ena.by inderstand, that the basement is to be a mandamus review their decision. Lord or may be used for human habitation but Alverstone, Chief Justice, in discriminat- the architects hase their contention on Ding between questions of fact and, ques the ground that it is not a storey us lations of law saysIn nothing which I defined, and so the section is not applle- have already given as my opinion say or by which I express myself double. wish to suggest that if there is any sub-that it is a story and the section is ep. stantial question of fact either a main plicable so the objection of the Building question or incidental question of fact, Authority holds good also on this point. which the local authority had a right to Tho Rule must be discharged, but as the consider and form their judgment upon, architects have succeeded on what they this Court will grant a mandamus. If I regard as the main objection to the plans ...by thought that the argument addressed to there should be I think, an order as to
us for the respondents was right that this costs.
#285
Hongkong Cricket League.
น
was really a decision of the local authority
1
艿
upon & question of fact I should decline
to make this rule abaciute. But it seems
to me it is to be clearly understood on looking at the terms of the bye-laws and
the plans which aro before us, that there
is no real question of fact which could be in decided by the local authority as
The following is the table up to date :---
Club
P. W. D. L. Preto boa resson for not granting a man- damua. It is also clear that whore o
NEWS FROM HOME.
(From Our Own Correspondent.)
LONDON, Feb. 19. DONGKONG WIRELESS INSTALLATION." Hongkong is to have ite wireless in- +28 Local authority apps jurisdiction by st stallation without writing for the Im
20taching to their approval a condition
Craigengower ......... .1+ 9 1 Hongkong "B"...... 10
........11 B 2 3
Kowloon,
8.
2
27
20 which they have no power, to enforce, aerial scheme.
HALF HOSE
$1.50 per pair.
LANE, CRAWFORD & CO.
THE EDWARD DISPENSARY,
C. KAMMING & Co., LD. Chemists and Druggists) GREAT REDUCTIONS
PRICES.
(SOUTH - SEA MAIL & Co.)
Regular Servios of Steamers between Japan,"Hongkong, Bingapor
Batavia, Samarang and Sesrabaya.
8.8, BAYRI MARU, For Moji & Koba....
Sailing
13th: Max.
8.8. RIOJUN MARU, Fur Bingaporo, Batavia, Samarang & Sourabaya, Jrik. Hazy
For Freight or Pamaga apply to
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OVER 11,000 IM DAILY USE
* THESE MAKERS“EN
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*THE GOLD MEDAL.
AT THE FRANCO
BRITISH EXHIBITIGA
| SUCTION GAS PLANT & ENGINE LONDON:AND ATTEN
WINNIPEG THIBI TION, CANADA --
HORNSBY OIL ENGINES,
Awarded the £1,000 Prize offered by the War Ofos for the Bant Military Tenere together with £150 BONUS for exceeding the requirements, of the condition by 45 Par Cent.
FILE DRIVERS AND HOISTING ENGINES made by the LIDGERWOOD MANFG. O.. EXPANDED METAL
FOP REINFORCED CONORETE PLASTER-WORK, Prices, Stock List, and full particulars on application. Quotations for any description of Machinery or Engineering Plant on application so
DODWELL & Co., Ld, MACHINERY DEFT.
OREGON PINE LUMBER
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THE STANDARD LIFE ASSURANCE CO.
-
(EFIABLISHED 1825)
This old-established and world-renowned Company isses "policies under all the best and modern methods of Life Assurance
to meet varying circumstances.
IN
PRESCRIPTIONS ACCURATELY
DISPENSED,
are Der gs, Patent Medicines, &o 524, QUEEN'S ROAD, HONGKONG.
Hongkong, July 20, 1912
THE COMMERCIAL PERSS, LD.
JE have published sever! hundred kinds of TEXT BOOKS in both the Chinese and English languages for and girls' schools, besides primary,
middle books on politice, children's books, novels, maps, new Chin se Dictionary and Anglo- Chinese Dictionary.
Our customers residing in the STRAITS SETTLEMENTS and OTHER PORTS or THE SOUTH may Fava time and incon- venience by Fonding their orders to out BRANCH OFFICE at SHEUNG MUN TAI, CANTON.
HEAD OFFICE, No. 53. Horas BOAR
SHANGHAL Shanghai, February 12, 1913
210
ALICE MEMORIAL HOSPITAL.
The Hon. Treasurer of the Alica
The station proposed Memorial and Affiliated Hospitals bogs to
16 mandamus will lie commanding them to would give communication with Sharig acknowledge with thanks the following pprove the plans (Rex. 7. Tynemouth hai, the Philippines, and, possibly, with donations to the funds of the Hospitals:--
12
B
ก
*
10
61
4
3 1 3
10
2 3 6 1 &
tural District Council, 1996, 2, Q.B.D. Indo-China by day, and with Japan and
81210).
There is also an increase in the per sonnel of 8,000. The total cost of the A programme will be £15,958,525, Civil Service compared with £13,014,000 for the Hongkong "A
R.G.A. enre 1912-13.
Stall & Departments, 11 The Memorandum states that there R.E................... bad been an extraordinary pressure o H.. Police 10-
A win 3 points. A draw1 points. work in the shipyards and scarcity of Labour, leading to short earnings by contractors. On the continuation pro- grammes it is estimated that not more than £11,500,000 will be spent during the year, as compared with £12,000,000 astimated for in 1912-13.
Every effort will be made to secure punctual deliveries, and should the sonditions change and progress im prore, farther estimates will be pro- Jented later in the year.
PROPOSED STEAMERS FOR CHINA POSTPONED.
Hongkong Rugby Football Club.
+1
Now this case depends catirely upon Singapore by night. Mr. Harcourt, how- the legal construction placed on certain ever, decided that a 5 kilowatt station sections of the Public Health and Build shall be erected, this being the range of inge Ordinancs. There is no question of the stations already reccted at Calombo fact concerned and so be question of the exercise of the discretion or of good and at Surn. He has suggested to the for the Club . H. M. 8. "Flors" on Mon-faith of the Building Authority does not Governor of the Straits Settlements that
..
The following have been chosen to play day 17th March, at 5 p.m. sharp, on the Club ground.
Full Back, T. E. S. Bobson; three-
arise.
That authority has refused to ap. the station to be erected at Singapore prova certain plans submitted to him upon the grounds that they are not in shall be of similar power. The Beilish quarters. B. Chapman, V. M. Grayburn, conformity with the requirements of the North Borneo Company infond to ornet W. McCulloch, C. Hedgson; half-backs, Ordinances for the ressons given. Wo kilowatt stations at Sandakan, Joanel II, 8. Bouss, J. Clark; forwards, A. Mar-hard to decide whether the objections for
and Bilimpopon. ton doch, A. F. Deane, D. M. Whamond, refusing to approve the plans are or are
D. Walker, P. Liuton, C. Taylor, not well founded. " R. Farmer, C. C. Stark, (Capt.)
Sincere & Co... Wing On & Co.... M. W. Slade A. S. G..... B.W. TO B. WT Ma Ying Pure Anouyouous gen O, D. Melbourne Com Z. Volpicelli Hon. B. Gompertz. The PharmacT
Sing On & Co.. Wing Fat de
Caldwell
E. A. Irving 8. Marimato J. J. Loiria... A. Ling & Co. Bennet Fieres
When all those stations have been erected, ships with I will proceed to deal briefly with the wireless installations at any point of the
BEST LINIMENT points raised. Section 15 (2) of the sea between Hongkong, Singapore and Ordinance, as far as is materini, rooda on North Borneo will be within call of one TOR guts and bruises, there is nothing follows: "The Building Authority shelf or other of the statis. The prospect I aqual to Chamberlain's. Pain Balm. Inot only relieves the pain almost instant require the provision of such win- A Naval Memorandum aaya that it been surprised and delighted with dows as shall admit of the sub-divisional held out that should the Imperially, but it is so antiseptle lintment and when has been decided not to proceed with the prompt relist auorded by applying (of every storey into rooms each 'si which Government bercaftor erect a high-power | applied promptly causes the wound to
the two shallow-draught steamers for service in Obina until the new financial
RELIEF AT HAND. TANY sufferers from rheumatism havo
You can not afford to be without it in your Chamberlain's Pain Balm Not ose CEBS of rheurdatism in ten requires any internal abait contain an ares not exocoding in tation at Hongkong in connection with heal without any danger of blood poison. frostmout whatever. For sale by a hundred square feet and of which the the Imperial schome, it will be available home. For by all Chemists and
atureksopera,“ Chemista ́und Fitorekeepers)
Les dimension shall not be as thm for long distance commercial work.
For prospectus and full particulare apply to
DODWELL & CO., LID., Agents.
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TELEPHONE NO 138.