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BIRTHS.
DE SARAM.-On May 28, to Esmer wife of C. M. G. de Saram, Colombo, a daughter. MOFFAT On June 9, 1926, at Bournemouth, England. to
offices of his superiors in the Civil Service and obtain from each and all some sort of stereotyped reply that will probably take the ques
SALARY,
STRANGE ‘ALLEGATIONS.
Judge's Scathing Criticism.
Shanghai and that many are at
Called by Truth “A Scamp.” He further states that he has had many offers of employment from other places, Japan and Malay Statas, but produces no evidence to that effect. He admite that "Truth" wrote articles about him calling him a scamp," "an unprin eipled impecunious adventurer," and that he was engaged in "a mora, impudent swindle has rarely been perpetrated," and that he took no of those articles. action against "Truth" on account
has come when it should be en- SHANGHAI NEWSPAPER CASE frequently sued for debt larged so" that all mattara, of public health, including the local LESLIE E. HAYNES CLAIMS FOR hospitals, come within its scope: In the past the Medical Officer: of Health has had an independent position as regards the local medical Government service. We agree that it would be very much better for all medical In .M. Supreme Court at Shang, officers to be directly responsible hall Judge Grain began the hear to the Principal Civil Medicaling of the claim by Leslie Ernest Haynes against the "Shanghai Mor- Officer.
enry Ld." Mr. L. K. Kentwell ap- A small Committee or Compeared for the plaintiff and Mr. mission might well be appointed R. E. S. Gregson for the defendants. tor, who is, as he asserts, the real-
Mr. Davey, the Managing Direc to report on all problems of sand-plaintiff declared that he was en denies all these statements of the Editor of "Shanghal Mercury;" tation and public health in order gaged as assistant' editor on the that a comprehensive and pracShanghai Mercury and later was
plaintiff's with regard to tical scheme of reorganisation offered and accepted the editorship. editorship and his knowledge of may be davised. The two Cham- Mr W Davey the managing papers, and produces evidence to plaintiff's connection with other director, subsequently "Informed the Imperial Japanese Government had failed to carry out an undertaking to provide a sub aidy, and therefore it might be necessary for the company to dis continue business and go liquidation. Accordingly he sought into employment elsewhere, and secured an offer from another paper-ile- WAS asked not to leave the de-
bers of Commerce and the loca} Missionary organisations that maintain hospitals for poor pationts (such as the Lordon Missionary Society with the Alice Memorial Hospital and others) should be represented.
We give these lengthy excerpts tlon not one step farther. For from our morning contemporaries evasion and equivocation a Gov. to emphasise the. unanirhous ernment that has once made up
nature of the movement in favour of the creation of a Public Health its mind on a certain policy is hard
Department and at the same time to beat. It has given a ruling to malce a plea for more favour- and that, it thinks in its great able consideration at the hands of wisdom, ought to be sufficient. To the Government. The present ad- question that ruling apparently ministrative regime is in its per- savours, in its estimation, of sheersonnel much different from that impudence. To attempt to con- vert it to a different view, more in keeping with the needs of the Colony and the wishes of the people, is downright stupidity and a gross waste of valuable Govern meht time. Hence when the next meeting of the Sanitary Board is held we do not predict a reply to Dr. Koch's question to be couched in other but the language of the diplomat that leads nowhere be cause it is not intended to do any thing else.
For more than two years there has been a movement in favour of the creation of a Public Health
him
In the statement of claim, the
that
fendants' employ and was given $50 per month
extra to remain. He claimed that he engaged re aldential premises with the de fendante consent. Eventually he was discharged and he claimed that according to law and chatom he gas entitled to six months' notied. His salary was $400 per month and he claimed $2.400, less 3666 pald on account, leaving $1,784 still duc.
corroborate
denial.
the
of
his statements
He says he knew nothing about. plaintiff's connection with "Finance and Commerce" nor "Far Eastern Spectator," and puts in a letter of to plaintiff, "You assured me some October, 1924, in which he writes time ago that you had nothing what- over to do with the "Spectator.""
to
Davey
22. 1925, the plaintiff writes
And at a later date, viz., January Mr. Daves, "I write in confirmation of my statement that have relin- quished, my connection with The. Far Eastern Spectator." writes to plaintiff on October 8, 1924, complaining about Carlton Ltd. calling on him by instructors of plaintiff for payment of plain- tiff's debts, and complains also of other persons calling for payment of plaintiff's debts, Davey maintains Assistant Editor that he himself that plaintiff was never Editor or
has always been the Editor and has full control of the paper.
The Witnesses Called. Evidence has been given by other
which almost contemptuously
Alleged Misconduct. "turned down" the proposition tended that the plaintiff miscen- Defendants, in their reply, con- over a couple of years ago. The ducted himself by refusing to pay two principal Executive officers his private debts and that he con- come with open minds on local tracted debts with advertisers in problems such as this. Neither the paper, some of whom conse- Hix Excellency, the Governor nor quently would not pay for their witnesses as to the annoyance at advertisements, whilst others with the offices of the "Shanghai Mer the Colonial Secretary has the re-drew their's, They objected to him cury caused by various creditors "putation of being hide-bound by being associated with other papers of the plaintiff Sepeatedly calling to. all and everything that his ad- but he continued in that course. obtain payment of their accounts,
Evidence has also been given. by visers may say. Each has a will He further improperly, represented various persons who were advor- himself as editor of the defendantstisers in the paper, who had re of his own to be exercised for the papers and is being in charge of fused or delayed, to pay for their common weal which each natural-their advertisements and circula advertisements, until the plaintiff y has much at heart. If, after a tion. They claimed that they were paid them the personal debts that. study of the "files" on the subject entitled to dismiss him without he owed them. of a Public Health Department notice. and a perusal of the opinions of the entire Press of the Colony,
Judgment whs as follows Plaintiff pleads in his Statement
In one case the plaintif appears. to have partially satisfied the debt he owed an advertiser, by giving the advertleer, owed the newspaper.
Mr. and Mrs.,,J. Moffat, of 9 Board, or, alternatively, a Com-they are found to be as adamant of Claim that he was employed by him two receipts for the amount he,
#
Tifeng Road, Shanghai, a daughter. WALKER-On May 28,
Colombo, to Major, and Mrs, A. F. G. Walker, a son.
DEATHS.
at
GOODFELLOW ON June 11, 1926, at the General Hospital, Shanghai, Mrs. Wm. Good fellow, widow of the late Wm. Goodfellow, of Shanghai. aged 75 years. JANSEN.-On June 8, Johnnie A, at 133 Pasir Panjang, Singa pore, aged 33 years. PEDDIE. On June 6, at Kuala Lumpur, Douglas James, in fant son of Mr. and Mrs. T. G. Peddie, Kerling Estate, Kerling. ZAMMATTIO.-On June 3, 1926, Enrico Zammattio, second en- gineer, str. "Hsinchi," China Merchants. S. N. Co., aged 44
!
years.
Hongkong, Wednesday, June 16, 1926.
WILL IT BE A HÁRDY ANNUAL?
A splendid opening to raise the whole question of the public health administration of the Colony was afforded at yesterday's meeting of the Sanitary Board. Replying to questions by Dr. Koch the Pre- sident stated that arrangements will be made in due course to fù the vacancy created by the retire- ment of Dr. Pearse, Medical Officer of Health, before the expiry of his leave. Then came the following supplementary questions by Dr. Koch:
He would also like to know if aby changes, were. contemplated which might be announced as re gards the position of Madical Officers of Health in connection with the Department, and relative to the general medical service. He did not know whether the Pra sident was authorised to say any- thing on the subject, but it
mission to examine the whale pro- blem of public health with a view to securing the greatest possible co-ordination and co-operation of
and immovable as their predeces- sors. then all that we shall be. able to express will be profound disappointment, which will be shared to the full by every citizen Colony at heart.
the "Shanghai Mercury" as Assist
nt Editor from July 4, 1924 to May 30, 1925 and as Editor from And that he was given notice of that date until March 01, 1928;
These are some of the leading facts in the case. There has been introduced into the case by the considerable amount of evidence
the various Government Depart.. who has the public health of the dismissal on February 9, 1926. that plaintiff to which I have not refer-
THE CANNON CASE.
EXTRACTING OIL FROM
PEANUTS:
his services would terminate on March 31, 1926.
red, as most of it was quite imma terial to the issue, and I feel bound He claims that he was entitled
to say that I am of opinion that a by custom and in law to receive at
great deal of it was only introduced least six months' notice, and there-
in order that the plaintiff might fore claims $2,400 six months the character and ability of the have an opportunity to disparage salary in lieu of notice less $666, Managing Director of the "Shang- which has been paid him, leavinghai Mercury, and hold him up-to- his claim for wrongful dismissal at the sum of $1,734.
ment of Defence plead that plain- was engaged as an Assistant
The defendants in their State
contempt.
"Shanghai Mercury are in direct The plaintiff's evidence, and that of the Managing Director of the contradiction.
A considerable amount of the..
ments involved. The Press of the Colony has from the first been unanimously in favour of this step. It is as unanimous to-day: It is not merely a fetish with one newspaper. Whilst of late months the Chipa Mail and the Sunday COURT DEMONSTRATION. Herald have perhaps given greater prominence to the movement it is
At the further hearing of the not their "preserves" by any against Lai Tak, the master of a charge of possession of cannon means. lege. It is not, and never will be. J. H. B. Nihill at the Kowloon on the Editorial Staff only, and re-
That we readily acknow-foundry at Mongkok, before Mr. a "one-paper agitation." The Magistracy yesterday, a demon-mained as such until his dismissal evidence of the Managing Director need for a comprehensive Depart-chinas, alleged to be cannon were given was sufficient; that the de stration showing, that the, me-
They further say that the notice is corroborated by witnesses. ment of Public Health, modelled capable of crushing peanuts for fendant misconducted himself by tween the evidence of Mr. Davey, Where I have to decide solely be on really modern lines in accord- their oil was given by the defence, getting inte debt, and refusing to the Managing Director, and the ance with the needs of the Colony,
Mr. H. S. Fitzroy (defending pay, whereby his creditors were plaintiff, there is no other course is recognised by every newspaper solicitor) questioned lus client re- continually applying at the news open to me, considering the career This morning's issue of the Southgarding the model oil maching paper office for payment. That he of the two men, but to accept. Mr. Witness explained various parts contracted debts with advertisers Davey's evidence as opposed to that China Morning Poat states: of the machine while the emin the paper which caused them to of the plaintiff.
"Interest at the moment is ployees of the shop gave the refuse to pay for their advertise. The first point I have to decide claimed by the wider question of biscuits were inserted in the tube connected with other journals when the plaintiff entitled? The plain demonstration in court. Peanutments in the paper. That he was is: To what length of notice was public health. It will be re and a man manipulated the he had promised to devote his whole tiff alleges in his Statement of called that two years ago there handle. Pressure of 180 pounds time to defendant's paper, and Claim that he was entitled by cus was a clamour, in which we join was reached and the oil flowed that he improperly represented tom to six months' notice, but has. ed, for the elevation of publle through small taps affixed under himself as Editor of Shanghai called no evidence in support of health control to its proper plane, To that end was urged a central authority, a Health Board, for which were asked even as tocratic powers. To this Board all other bodies, such as the Sanitary Board, Hospitals Board, etc., should be subeldiary. They could, in fact, bo permanent sub
committees.
neath the machine g
After the demonstration Mr. Mercury" and that, therefore, they that contention. Fitzroy said that man-power ont notice.
were entitled, to dismiss him with- machines were being operated in
The plaintiff in his evidence
a shop a short distance away. If states that he la 23 years this these machines were commercial month. (He appears also to have machine should be more complying for a post in the "Shang ly sound, he thought the hydraulic stated he was 28 years when ap- mercially sound, as it required hat Mercury" in July, 1924). That less labour.
he was enraged, an Assistant
What Notice. Was Due. have had some difficulty in coming to a conclusion that the
notice given, namely 50 days, was sufficient notice, considering that ploy of the newspaper for nearly a the plaintiff had been in the em
ear and a half
cases, and considering all the par-
But on Leading the reported
In reply to Inspector Pincott Editor, and that practically the defendant emphatically denied It was
that he had ever seen a cannon whole time he was employed he ticulat facts of this case, I have City where several dismantled hande; that he altered the policy Asked if he had been to Kowloon wrote the leading articles that come to the conclusion that the 50
the paper was entirely in his days was sufficient notice.
In Interpreting & contract, writ- cannon were on view, defendant of the paper that the paper ten or verbal. It is of great assis admitted going there but reiter-
"absorbed the whole of my time I tance to ascertain, what were the ated that he had never seen a lived with it. Toften had to go views as to, and the intention with without tiffn," and worked "14 regard to, the carrying out the con-
or an hour or two on Sundaya" into it hours a day usually went to office tract by the two parties entering
cannon
stated yesterday that a successor to Dr. Pearse is to be appoint which presumably means per petuation of the old system.
“The creation of a Health Board has been held to be un- necessary Without it, however defendant's employees concerning Evidence was given by one of
or without same central authe visits of the men who
had thority, there can hardly be a
be ordered the machines and the case was adjourned until this after- comprehensive and progressive health policy, and when polley - concentrated in one man, it le Inevitably subject: to interrupte tions and extinctfons,
PROPERTY SALE,-
was responsible for Weekly In this case there was no written. "Celestial: Empire" and solely re-greement, nor any verbal arrange pansible for the Christmas numment, as to what notice should ter bars of 1924 and 1925.--.
minate the contract. But the view
He states that Mr. Davey, the of the plaintiff himself obviously Managing Director of the paper, was that he had the right to ter knew he was connected with other minste the contract by one month's Brisk bidding at a sale by papers, and that he never made notios. Because on January 22, would be interesting to know Again this morning 8 lesue of public auction yesterday after any complaints about his debts, 1925, He wrote to the Managing -
noun resulted in the sale of He states that Mr. Davey was not Director, "I therefore give you one Need the Daily Fress has the following Tai Hang Inland Lut No. 128. Editor of the paper, and generally month's notice from above date,”; :
the Government contemplated any changes in the near future.v. The President naturally was ↑ not prepared to give an answer to that straight away. It's not done." So he contented himself with asking D Koch o ntal notice for next that time the President will amply time to per
comment:
» The retirement of the Medios! Officer of Health' brings to the
Front
together with No. 8 King Street, speaking is an incompetent person.
There are many reported cases The area of which is about 456He admits that he was "on then the question of the length of #q. ft. and the supual Crown rent, socka" when defendante engaged notice required by persons employ. him that he had been convicted in newspapers. In these cases, property, was put up at an and sentenced to aix, momb
although in some of them an at- price of $2,000, with lids of prisonment at the Central Criminal was ally Court, London; that he awed 400, to Aressri Wong $4,000 in Hongkong and that he Wong Yu-shi of No hed debta in Malay Blator and Shanghai, and that he and boer
egtablish":"
eld in each case that