DEWAR'S
WHITE LABEL
FINEST SCOTCH WHISKY
OF :
GREAT AGE
SOLE AGENTS:-
A. S. WATSON & CO., LTD.,
WINE AND SPIRIT MERCHANTS.
TEL. 616.
Powell
TELEPHONE 346 ·
JUST ARRIVED
Ltd
NEW FOOTWEAR
FOR LADIES.
LATEST MODELS
N
SMART BOOTS
ALSO
COURT SHOES & PUMPS
AND
SHOE SUNDRIES.
The China Mail.
TRUTH, JUSTICE, FERLIC SERVICE."
HONGKONG, Musner, Sper. 22, 1919.
RULING A CITY.
ministration than to administrate
that
THE CHINA MAIL.
LOCAL AND GENERAL.
Today's dollar is worth 4:2 3/16d."
that
shape more patriotically and honestly literary association, We can well the eractions with than the old Mancha regime under teme.nber (say) Viceroy Shum. Thus, the Canton which we frst gazed upon the Times of Saturday quite openly said Noble Red Man in his own coun the winning faction had try. Recollections of Fenimore
The Gazette announces worked so quietly for their can-Cooper, Ellis. Ballantyne and less. didate and the buying out of reputable writers poured in ass Foochow is now free from infectious [the members of the opposition ciated with memories of holidays or contagious diseases.
faction that even some of the leading and orchards and ripping days. We spirits of the minority were failed to find the statuesque beauty
The 3.5. "Phranang." (Capt. ignorant of what had happened of Deerfoor in our first bunch. Nuol) arrived from Hongay on Satur unti the election tras held, and can but hope HR.H. was more day with 2,100 tons of coal. They were, as its headline suggested, left out in the cold" What then was the warm? Very warm indeed, if the following naive paragraph is
to stand':
There is a rumour poing around that Won Sung-ling was paid $20,000 for his resignation of the speakership. As some of his loyal. followers were left out of the bargain, naturally they are much displeased at their leader's aban- doning the fight so unceremonious- ly.
By way of confirmation we have a letter to Mr. Wong from Mr. Lak Merg-fei, one of his supporters. in which the gentleman was reproached in plain terms. Here is the conclud ing portion of the letter:
successfulə
Our own experiences of an Indian camp enabled us to appreciate that touching referenca of Mark Twain's, in which he said that the Noble Red Man was being slowly but surely pushed toward the setting sun. This, he remarked, was rough on the setting sun.
AN ITEM OF NEWS.
A leading British newspaper" is credited by American newspapers with the statement that the British Gov vernment is considering the cession of the West Indies to the US.A. in part payment of Britain's war debt
to that country.
In view of the extent and tchness of these territories. the phrase "part payment" suggests a queer notion of our indebtedness.
To-day's return of communicable disease shows cre case of cholera and four of gastro-enteritis.
The s.5. "Missin Maru," (Capt. Shioshita) arrived from Keelung on Sunday with 1,120 tons of coal.
Gun practice will be carried out at Pakshawan, in a N.E. direction, on September 27 from 8 am to noon.
The sis. Suzuki-Maru,” (Capt.. Yabuta) arrived from Chingwantao on Saturday with 2600 tons of coal.
Mrs. M. C. Rasmussen was the only European passenger who arrived on the s.s. "Soshu Maru" on Satur day.
The s.s.
"Tean," (Capt. Scott) arrived from Canton at 7 p.m., on Saturday with 160 tons of general
cargo.
(Capt:
The s.s. "Shantung," Monkman) arrived from Canton on Sunday with 262 tons of general cargo.
Warrants for the Hongkong and Whampoa Dock Company's interira dividend can be obtained on and after October, 7
7.
In this connection it is recalled
By British West Indies is meant that you previously had published the Bahamas (4,404 sq. miles, popula. in the papers that you would hettion 60,000) Barbados (166 sq. miles, resign. But how comes.to-day's pop. 187,000) Bermuda (19 sq. letter of resignation?" Is it a case miles, pop. 19,000) Jamaica (1,450 sq. of forgery? Or is that you have miles, pop. $31,000) Trinidad (1,974 traded it and left us in the sq. miles, pop, 334,000) and the, lurch? If the latter supposition is Windward Islands. (508 sq. miles," true, then your personal character pop. 175.000) is not worthy of inquiry. Since I still have some respect for you. 1 take the liberty of asking you for a clear explanation of your peculiar behaviour. Kindly let me have The Americans could no doubt your-reply. I am, etc."
do" with Fese islands, to round The queer thing is that our Can-off their hemisphere, and farther ton contemporary, giving publicity establish the Monene Doctrine; but to these accusations, argues that now as they also believe in "self deter- the "split" is ended, the Assemblymination," they will admit that the should get on with its job. Would it West Indians should be consulted not be more seemly to urge that, if first. these accusations be found true, the i The Government that dares not of coal for Hongkong. entire den of rascals should be cleared cede Uster to Ireland should not..! out, declared unfit for public service, without "considering it further and replaced by honest
men? cede the West Indies to America Apparently the people regard it as al even to pay its debts. commonplace matter. **What:
There's probably not a word of Cantonesc are chiefly concerned truth in it. about," we are told, "is whether the Assembly Members will give their attention to public affairs now that their private squabble is over. There are many important measures
BLACK OR BROWN BOOTS,
The 3.5.
"Foochow (Capt. Melcham) arrived from Hungay at 6.15 a.m., yesterday with 2,400 tons
There is a meetingat Government! House this afternoon for the purpose of setting forth the needs of the University of Hongkong.
We understand that Rev. Mr. Lindsay, the new chaplain for St. Andrew's Church, Howloon,, is due here about the 18th December.
MONDAY, SEPTEMBER 22, 1919
THE TRADE-MARK CASE.
GA
M.B. X. FINED $89.
SKOTT & CO. RECEIVE 500 BAGS OF FLOUR AS COMPENSATION.
meantime, the manager had gone.t☛ sce Messrs. Hastings & Hastings and being advised that he had committed no offence, did not settle, although : previously the `representative was of opinion that an offence had been committed. Mr. Davidson then came to see him (Mr. Johnson) and told him that the four had been brought here for exportation to Bangkok and
At the Magistracy, on Saturday, that his defence was that his client the hearing of the case was con-had acted innocently in the matter. cluded in which Messrs. H. Skott & He asked that the matter be dropped. Co. proceeded against the Mitsui No settlement was mentioned
Mr. Davidson I told you the Bussan Kaisha, for that the latter,
Mr. Johnson: You did not tell me.
on August 15, at Kowloon, did whole facts. put in their vessel for sale or the purpose of trade 2,041 sacks of flour that your client had been dealing in to which a false imitation of con- flour in the Hongkong market before plainant's 'Steamer" trade mark this. I found that out afterwards had been applied..
I told you.I entirely disagreed with The flour is valued at $7,000 and you. It is stated in the paper bere If the flour was was seized by Messrs. H. Skott & that you said: Co. and placed in the Kowloon allowed to go our costs would have Godowns.
been paid."
Mr. Davidson: I refuse to be
it
די
Mr. C. Bulmer Johnson prosecuted,
Mr. Johnson; My memory. is and Mr. E. Davidson appeared for bound by the Daily Press. the defence.
At the last hearing. Mr. Davidson Pretty good, and I think you said it. argued that if his clients were guilty What I want to say is this. The was only on a technical point, be question of paying costs was men- cause the absence of Messrs. Skott'stioned in this Court for the first trade-mark from the local market for time. I rejected your offer to drop over seven years naturally led one to the matter: I told you it was. a believe that it was ren existent deliberate case of infringement and This is an though that, of er urse, was not his my client, was right. defence. His main print was that excellent example of what this his elient had acted innocently and Ordinance is intended to prevent. without any intention to defraud. They only imported the consignment of flour in question to fulfil a con. tract in Bangkok and not for local sale.
Mr. Johnson next referrert to a
similar Trade-marks' Act at Home. which had been made to protect merchants. If a mark had been
imitated it was obvious that a certain amount of damage would naturally follow.
On Saturday, when the hearing of the case was continued, Mr. Davidson.
Mr. Davidson replied that he did said he wished to add a few more
suffered the present instance. points to his previous argument. It not believe any damage Lad been had occurred to him. that there was
Mr. Johnson stated that he did a comment which might be made on the defence to the effect that the pont know whether the Magistrate arguments he had addressed on "other wished him to go into the question wise acted innocently almost meant of whether the mark was calculated a gefence of ignorance of the law. to deceive. He would point out thathe That, however, was not his defence. I mark was known as the "Steamer" They knew the Ordinance, but bad mark, and his submission was that no intention of infringing it. His any trademark or picture-represent- attention had been further drawn to ation of a steamer was obviously There were a rather interesting fact, namely calculated to deceive.. that Messrs. Skott & Co. were in cases in which it had been held that. this position-that, not having used if a person used a word in such a their mark for seven years, they manner that it conflicted with were able to have it struck off the trade-mark which used the same Register. It seemed extraordinary that word it was calculated to deceive. a company of high standing should be Even if the defendants had merely We don't take this subject. as
A valuation of the tenements in liable to be proceeded against, criminal tried to register the word "Steam- awaiting the action of our legislature seriously as our friend John Kestrel the Colony, for the year commencingly, and put to the expense of defend ship" and had not used a picture of The Tramway, the appropriation for does, but if we are to argue it July 1, 1920, will be made before ing themselves for a mark which the steamer at all i would have Education, the Civil Governorship, erlously, we will thank him for the April 30, 1920, or as soon there was liable to be struck off the amounted to the same thing. It was gambling, annual budget, measures reference to the Defence Corps. It after as may be.
Register at any time. If his clients of the greates: importance, because for local self-government, and many
ecmits an odcrous comparison.
had thought it worth while, they in the present instance Messrs. Skott other questions concerning the pro- Thure has been a lot of severe vince,
The ss. Turgshing," (Captain could now, or at any time, have the& Co.'s trade mark was known every- should receive immediate talk about the
insubordination" Udden) arrived from Shanghai on mark removed from the Register, where as the "Steamer" trade-mark. of the Police Reserves. but Sunday with 1,191 tons of genera! One other point he wished to refer to How can they possibly expect only humorous and indulgent cargo, of which 212 tons were for and that related to the baie of sacks. The prosecution had examined the immediate attention in the alleged gossip aboar the notorious and ne Hongkong.
less real insubordination of the Re-
bale which they had seized, and had serves, some of whom, big men, not
The s.3. "Seshu Maru," (Capt. found it contained only 12 sacks and small fry, more or less made a jcke Inone)... arrived from Takao via not 2,000 sacks as had been previous of the job. What of the one who Swatow at 1.50 p... on Saturday by stated. left his rifle on the bank steps while with 25 tons of general cargo and
Mr. Johnson said the fact of Messrs. Skott & Co.'s mark not hav ing been on the market for seven or elsewhere, and had it stolen? If
years had to bearing on the case. He had stated at the conclusion of
attention."
circumstances? Surely the first attention of these gentlemen will be given to ways and means of getting that $20,000 back, with interest.
In this they have been aided and abetted by their colleagues of the administration, with ordinances that contain clauses not in keeping with the principles mentioned. The func- tion of the Legislative Council is to scrutinize all such ordinances in detail, MARTINETS AND VOLUNTEERS." he slipped off to the Hongkong Club 22 bags of mails. to refuse to pass or approve these short cuts." that facilitate admini-
is room for difference in-treatment
the evidence for the prosecution that.
Mr. Davidson: We admit that our mark ought to have been registered.
Mr. Johnson: This mark is calculat- ed to deceive on the face of it.
Mr. Lindsell: I am quite satisfied. on that point.
Mr. Johnson your worship is satisfied I will not labour, the point.
Mr. Lindsell: I do rot want to hear any argument on that.
Mr. Davidson: We do not deny it. Mr. Johnson stated that the co-
that had happened in the Police On and after October 1, 1919, It seems almost impossible to get Reserves, say if Joje Gutz had done the Union Rate of Postage will be. stration at the expense of principles. a certain type of officer (usually as it would have been a terrible charged on all letters and postcards If the Executive Council is going to It is more easy to criticise an ad persist in filling in the vital inwards! carpet soldier) to recognize that thereoffence. Treat 'em all alike, and sent from Hongkong to all places in if the Court wished it, he could call 'i plainants hall not used the mark for
of our laws, ignoring the Legislative of regular troops and of volunteers. judge 'em all alike. The regulation Sinkiang, Mongolia, and Tibet. If this is an admission, we make it Council, its temptation will always Private Stephen Winthrop did his bit about black boots should never have Criticism as commonly understood be to look first to its own con- in the Malay States Volunteer Rifles been made. Where's the sense of it? now means fault finding. Adminis venience, to the facilitation of its Under section 6 of the Volunteer tration means method finding, the own arduous task, and to blink prih Enactment or 1913 a volunteer, pro- discovery of the pou sio. The adciples that might stand in the way viding that the volunteers were not short cuts." That is why on active service. could give 14 days ministrator incapable of mistakes of such was never yet born. The discoverer it is most important to the residents notice and resign from the corps. of his mistakes is also human, also prone to crr, but in a less degree. because the mistakes are usually visible, like a smudge on your neigh bour's nose Those who ask the fault-finder for constructive criti- cism are really asking him to ad- ministrate, to perform the function of the administrator. That is unrea- sonable. It is not for the police man to help the citizen to do
right, but to pull him up when he does wrong. At present out. democratic representative on the Legislative Council, Mr. Alabaster, is an exception to this rule of classi. fication. Like the circus performer with a galloping horse under each foot, he drives double, or would do so if he had his way. In plain words, he offers destructive criticism" as a preparatory atap exercising his right (which he is obliged to claim) to submit the constructive sort. Why should it be necessary to claim what is so patently his right? It is because the administration is seeking for the peu si in an improper direc tion. It has a big weight to lift. We all recognize that. It seeks the easiest and most convenient way
short cut and line of least resist;
us
admit
danger and of the importance of
it. Let averting that their task is a hard one. Never theless they are paid to do it, and we have the right to demand that they do it properly. They must not be permitted to use our bodies as stepping stones on which. to. cross their little quagmire. We have paid the price of a proper causeway for them; let them use it.
KWANGTUNG PROVINCIAL.
been illegally fined beat them at to meet him.. The Cabinet wants law, and subsequently went to law the Peace Negotiations to open im All friends of China wish again to test his right to resign.mediately. Definition of 'active service How to goodness they'd get on with it, comes in, and we don't know how and get it over. the case was decided. In the course of the appeal it appeared that the only proof of publication they bad
newspaper paragraph in...
It is certain
was 2.
the Malay Mail.
that if this newspaper paragraph
HOW CAN HE DO IT?
any amount of dealers in American some years. Mr. Scott had told the dour in this Colony to show why there Court why that was. It was prin- had been no American flour import cipally due to inability to get the Lieut. Col. and Brevet-Colonel Led since practically before the war. flour. The defendants were an en- Humphrey, C.M.G, RAM.C, has The war, of course, was the main ormous concern, probably one of the been appointed a member of the Sanitary Board and of the Medical cause, but the firms were also up biggest Japanese firms in the Colony. against high prices. That particular They had branches everywhere, Board, during the absence of Col. brand of flour was of a very high including one in Melbourne." He Crisp.
quality, and the cost was prohibitive thought the defendant's manager had
said that the Melbourne branch had.. at the present time. Pay. Lieut. A. S. Holborn, RN,!
Mr. Davidson replied that it might been established for seven years, yer secretary to Commodore Gurner, in be so. He mentioned the point only he did not know whether the mark charge of the Nava! Establishments, to show what view the Legislature had been registered there or not; he merely said it must be registered Hongkong has been awarded the took of those delays. O.B.E. for distinguished services dur-
because it was in his contract notes. ing the war.
our registered brand." He asked the manager how long the mark had been registered and he replied that he did not know. He did not think
mails.
it mattered a jet whether the mark
to
CHINESE NOTES.
Telegrams to the Wah Taz Yat Po at large that the hands of Mr. Deciding that the war was over and announce that Wong Yap Tong Alabaster should be upheld just his usefulness ended, Pte. Winthrop arrived at Shanghai on Friday even now He is not fighting for an
gave the notice. He had been nine ing. Many people believed he academic principle, he is standing for years without Home leave, and would never get there. His progress a rule, that is material to the well- should have had it. It was refused, was something like that of the young being of us all, a practical matter in on the ground that they were dog which desires to approach and
Mr. Johnson: It is not delay; it which our interest is vital. As soon still on active service. In that case, fawn but cannot quite overcome its
is inability, as everybody knows, as we discover the true motive of the he said, where's my pay? They fears.
With people in the South Administration's apparent desire to do took no notice of his arguments, but yelling at him to go back, and Peking
Mr. Lindsell remarked that he did A well-known Labour M.P.not think the point was very relevant in Executive Council what should finally he extorted a reply. It said urging him to go on, there was some offered to bet an equally well-known to the case..
be done in Legislative it was properly
'not usual to give reasons excuse for Mr. Wong's hesitations mine-owner that Mr. Smillie would Mr. Johnson, continuing, said that had been registered in Melbourne Council this perfectly natural and when dealing with men. Isn't that and delays. He is staying at the be in the House of Commons before Mr. Davidson had unnecessarily
or not, because. if that was to be understandable inclination to the typical, and isn't it exasperatingly Tatung Gardens. So far the Southern the end of the year. The bet was thrown a considerable amount of held as a proof of innocence it would ance we are aware of the very real uncalled for? Pte Winthrop having delegates have shown no eagerness taken at 5 to 1.
mud at his client; therefore simply mean that if once a mark he could ant blame him (Mr were registered in one part of the The s.s. "Hangsang," (Capt. Johnson) if he commented severely world it would be protected every- Holmwood) arrived from Shanghai on what Mr. Davidson's client had where else. This mark was not on Saturday with 362 tons of general said. He intended quoting from a protected because it had not been cargo of which 162 tons were for newspaper--and, if his memory was registered in this Colony by the Hongkong. She also brought 5 any good, it was a pretty accurate defendants although they knew the European passengers and 2 bags of report; it was the Daily Press report mark had not been in use. They According to that. Mr. Davidson had
registered a similar trade-mark said that Messrs. Skott & Co. never in Australia, brought flour "The Governor of Timor, Sen ought to have brought criminal pro. Hong cong, sold it and made a hor Gentil paid a visit to Macao on ceedings; Civil proceedings should market for it in. Hongkong and the had been to an opposite effect (say Macao's one and only kinema the 15 Inst. and left on the 17th with have been taken. of notifying the demobilization of showman is in a difficulty. It appears a million dollars from the Macao:
outlying parts under the name the a Mr. Davidson replied that at that "Steamer" brand, which his clients the M. S. V. R) they would have that ever since the Kinema was Treasury for Timor. The Governor point the report was slightly different had been working on, and which laughed at the idea of counting it as introduced in Macao, the pictures of Goa (Port, India), will probably from what he had said, which was owing to circumstances over which evidence. There you are, by hook which were procured from Hangsung follow this step."
that if the mark on the bags of four they had no control, they could not or crook, and often crook; these pig-
was an exact imitation of a particular use. His impression was that his of Fluing it. The filling up For months there has been a headed bullies will fight to have were shown there with English titles and wordings. The new Com their own way. Special circum-missioner of Police has now decided
Lieutenant Sir A. Whitten mark, and therefore calculated to friend stated the complainant had to council is its archimedian lever, provincial government, and if there stances call for special consideration, to force the manager to do the Brown, who with Sir John Alcock, deceive, it was possible for civil pro- prove mens rea..
Mr. Davidson: No, I said your which it rests on the fulcrum of our hadn't also been a military govern- not for red-tape and cast-iron regula impossible. democratic rights. To lift its weightment to carry on meanwhile, Kwang tions. We should have expected a notice on Saturday last, to remove Miss Marguerite Kennedy, daugh that.
He gave him short made the first direct crossing of the ceedings to be taken.
Mr. Johnson: We'll leave it at Worship must prove mense. Atlantic by aeroplane, was married") administrative duty it would tung's chaotic condition would have body like the M. 5. V. R. to be let all the English wordings on the ter of Major Kennedy, R.A.F., at the
Mr. Johnson stated that, accord- depress and crush down our demo been even more remarkable. There down much more gracefully than it pictures and substitute Portuguese. Chapel Royal, Savoy:
Continuing, Mr. Johnson stated
ing to the authorities; it was not that the summons was issued on for him to proves mens rea, but- cratic privilege, our one little plat was a split over the election of seems to have been.
The Manager who is a plucky man
Monday. The evidence given by form of representative franchise. a Speaker, and those who
decided to question the lawfulness of the order and the case will be
The latest issue of the Naval and My Scott with regard to the inter- for defendant to prove the absence of mens rea. Under Section 1 of taken to Court soon. On Saturday Military Record coatains a photograph views he had with defendants were night all the pictures were shewn of the Hongkong Naval Football neither challenged nor contradicted. the Ordinance under which the def- laid down that there was no necessity After all, civic receptions and with English words as hitherto, in Eleven which won, last season, the On the morning after they seized endant was summoned, it was clearly defiance of the commissioner's League Championship and the United the flour and issued a summons, a task performed, an easy way that is no obiection to the payment of their patriotic speeches must be dall, orders.
Services League, and were only nar- member of the defendant firm called to prove intention to defraud any at once effective and honest and not salaries and expenses. Some of them palling arid things for youth when
rowly defeated by the Hongkong Club upon his clients and asked to see the body at all. Mr. Johnson cited many displeasing to Our democratic managed to get a caucus meeting repeated and continued as on our
mark. He did not mention-anything authorities on that point, and then- in the Shield Championship. principles, and we feel
about the flour or about exporting it said that there was no draht at all sure to denounce the Canton streetcar Prince's tour. It was pleasant to refuse it. We scheme, but which lot that was we read and think of the adventure in they will not
The representative, was told that the that when the defendante offered the 2,000 bags of floit, they knew of find the police in practically the Lave no means of telling. That these which His Royal Highness_was_sur-
Eng Rear-Adml G Y Roome, i mark was registered. He left the
There is a hard a job entangled reported, paint and feathers. It must have
and job ajo vetangled have been sow abolished is ceported rounded by galloping Indians in AVE you ever tried Chamberlain's C.E.E., who has just been promoted office and returned two day's later to the Magistrate, that if the defen lante
Pain Balm for rheumatism? I to that rank, became an assistant suggest a settlement. "That was in difficultiesinnumerable and peculiar but it is not stated that this was due been a refreshing break for him. We not, you are wasting time the lower engineer on July 1, 1887, and at- before the marrer was put into the knew of it they could not be held to to the place. To do it effectively, to a general recognition that country are presuming that Prince Charming's this disease runs on th- harder it is to tained the rank of engineer captain hands of defendants' lawyers. The bave acted innocently,
Mr. Davidson femarked that that and as conveniently as may be, they should come before party. Indeed, the boyhood was not deprived of its vigorous massage to the afflicted parta on November 27, 1914. He was representative, was offered certain
short cuts" some references in the Chinese Press Bug- Fenimore Cooper, and that there you more in the and doll appointed chief engineer at Hongkong terms with regard to a settlement. He was not quite a fair way of stating times that dety some of the most gest that Republican-China so far as would be for him on this occasion at the relief obtained. For sale By All Dockyard on January 3, 1912, and agreed, and said they only wanted it.
confirmation from his manager. In the (Continued an Page "5.) sacred principles of British justice. Kwangtung is concerned does not some of the thrill that come, of Chemists and Storekcoporn.
ASSEMBLY..
of a skeleton ordinance in executive deadlock in the business of this
were
This image may help to clarify the unsuccessful took the odd line of
situation. No one seriously suspects
abstaining, from sessions, preventing
the present personal of our adminis
a quorum. It is understood that
tration of a lust for power. Show
while thus neglecting the "duty
them an easy way of getting their they were chosen to do, they raised
same, boat
are tempted to
PRINCE CHARMING'S' ADVENTURES.
BELEUMATISM.
cure. Det bottle to-day, noply it with
to the Lion on October 29, 1918.
+