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MITSUI BUSSAN KAISHA, LTD,
The
Library, Supreme Court
China Mail
BLISHED
1845
No. 27,423 HONG KONG, THURSDAY, FEBRUARY 27, 1930.
CHATER ESTATE IN DISPUTE
MR. J. T. BAGRAM AND HIS $700,000 LEGACY
1
LIFE?
BIG BOUT TO-NIGHT
WILL SCOTT WIN THE WORLD'S TITLE?
SHARP WORDS
SHARKEY'S "LOUD- VOICED FEROCITY
Under
11
th
BIG BLAZE IN CANTON
NEW TELEPHONE EXCHANGE ESCAPES DESTRUCTIONS
RAGING FOR HOURS
[From Our Own Corresponda Late last night a fire broke out
TO-DAY'S DOLLAR. The closing rate of the dollar on demand, to-day was 1/6 1/16.
Business Managerą
PRICE $3.00 Per Month.
OUR NAVAL STRENGTH
BRITAIN THE DUPE
OF EUROPE ?
SAILORS' PROTEST CHURCHILL SAYS 'WE
•OUGHT TO BUILD'
London, Yesterday.
There
are
and
Spectacles Spectacles .......................... but What A Difference in Quality
we, and there are opticlan and opticians, but in Hong Kong, only one European optician who measures up to the highest qualifications. Optical men in every corner of the world re- cognise his certificates and the modern equipment used.
LAZARUS The Optician. Phone Mr. Cooper G. 2208 for appoint-
ment
Ralph A. Cooper, FI.O. (Engl.), Registered Optometrist (Canada).
CHINA SITUATION CRITICAL
DRASTIC MEASURES AGAINST YEN HSI-SHAN
THE LAST WARNING
COLONIAL PARLEY
CONFERENCE TO BE HELD IN LONDON
Nanking, Yesterday. 3 WEEKS' SITTING Hal-shan, Fresident Chiang Kai- HONG KONG TO BE
In a telegram to Marshal Yon
shek states that this is positive- ly his last communication to the Shanal leader, Inasmuch as the National Government will shortly take
in the Sat Kwa Yun distt in the City (near Tai Ping unloo) A TENANCY FOR
in which is situated the new build- Miami, Florida, Yesterday.
waving palms, before the Ing of the Canton Automatic Tele most opulent crowd In America, Philphone Company. The blaze has CASE AGAIN BEFORE FULL COURT Scott, the British boxing champion,
erters the ring at ten to-morrow even-been raging furiously for yours posing any farther reduction of critical. APPEAL
OF
jing as the first Briton to fight the and all the houses about the Tele- world's Heavyweight boxing champion-phone Exchange Building have ship since FitzSimmons, in 1002.
to 1 favourite.
Scott is trained to the minute and been burnt to the ground, and it woighs 14 1b. 10 stone. Jack Sharkey is only owing to the strength and The matter of the estate of the late Sir Catchick Paul Chater, weighs 14 lb. 7 stone, but the latter's
modern construction that the Kt, C.M.G., was again before the Full Court of Appeal this morn-loud-voiced ferocity has made him a 6
building withstood destruction. For hours hoses were directed on the building, and the fire has now been got in hand and all further danger to the Telephone Ex- change is over, though other buildings are still burning,
ing in so far as it concerned a legacy of $700,000 made to Mr. J. T. Bagram, his nephew.
The appeal was heard by Sir Henry Gollan, Sir Peter Grain (Chief Justice of H.B.M. Supreme Court, Shanghai), and Mr. Justice
J. R. Wood.
THE
The bookings, so far, are disappoint- ing, and are very likely to fall far short
of the anticipated £80,000,
There have been sharp words over the referee, Johnson, Scott'ʼn manager,
A meeting of the Navy League in London passed a resolution op-
was
REPRESENTED ?
Rugby, Yesterday,
of the
drastic measures against Following the success Yen. The situation is considered first Colonial Office Conference, A punitive mandate held in May, 1927, the Colonial against Yen is being drafted and Secretary has decided to summon will be lasued in one or two days.
Fighting Raging
Peking, Testerday. ments are proceeding.
Important Shanal troop move-
a second conference with similar objects and constituted on similar lines. The Conference will meet on June 23 and sit for about three
The evening vornacular papera weeks. I will be attended by one state that severe fighting develop representative each from as many ed yesterday morning between of the colonies, protectorates and san's forces at Tangshan, Government troops and Shih Yu- ward of Hsuchow, and was still ticable. It is hoped that in a large west- mandated territories as ta prac-
raging this morning-Reuter.
British naval forces. Mr. Winston Churchill, in his speech, strongly-Reuter. criticised the Government's "squeezability" at the Naval Con- ference, and sald that all the other conference Powers were preparing to increase their relative naval strengths." Apparently it proposed that Great Britain, who led the way for disarmament on sea, land and air, should diminish not only our actual but further
still more our relative strength. The size of the American navy did not concern us. We ought to build after hearing the unbiased advice of that the sole point before the Full will win if he is erect after seven plans which included all the mast Parlament considered necessary for It is generally expected that Scott change Building was built from
our nava! authorities whatever Court was: what was Mr. Bagram rounde, as when he is warmed up hemodern devices against fire. If entitled to?
our safety. They had decided will box out Sharkey in the remaining this building had been domolish-
He suggested that that Clause 7 of the will dealt with eight.
ed it would have been many
agreement could be reached by the this question.
Tommy Loughran meets the Belgian months before the Telephone Com- delegates tabling their. naval pro- On the question of the merita of Pierre Charles and Riske Mees Campolo pany could have functioned
grammes, for the next five or six years. the present judgment, Mr. Potter at the same tournament, Reuter's again. pointed out that it had been sub-American Service.
POINT IN DISPUTE
The parties in dispute were the official Trustee of Bengal (defend- ant-appellants the Hon. Mr. W. E. L. Shenton (plaintiff-respondent), and Mr. J. T. Bagram and Mr. E. Sadick (defendant-respondents).
Mr. Eldon Potter, K.C., and Mr. H. G. Sheldon appeared for the ap pellant Mr. C. G. Alabaster, K.C.. was for the Hon. Mr. Shenton,' and Mr. Mr. F. C. Jenkin was for Mr. Bagram.
It will be remembered that the case at issue was first commenced
about two years ago. The point in dispute was whether or not the $700,000 left to Mr. Bagram in the will of Sir Paul Chater was meant for a life tenancy. His Honour the Puisne Judge, Mr. Justles J. R. Wood, who was then acting Chief Justice, held in his judgment on the originative summons that Mr. Bagram was entitled to 8 per cent. interest per annum from the date of the death of the testator.
Decision In 1928
Proceeding, Mr. Potter claimed
siduary legatee.
fearing that the great volume of bet- ting based on Scott being knocked out in a specific round may influence stop- ping the fight prematurely in favour of Sharkey, but the appointment of Lou Magnolia has given general satis- faction. He has a great reputation for Integrity.
н
mitted on Mr. Bagram's behalf that the money was an ordinary
SOTT v. SHARKEY legacy, and that he was entitled to Interest up to 8 per cent. in pre-; To-Night's Big Bout In ference to the Armenian Church of
Florida Nazareth. Mr. Bagram was thus treated as legatee, the sum was de- [China Mail Special] scribed as 1 legacy, and the Phil Scott the British heavyweight the most Armenian Church defined as the re-champion, will enter upon
important fight of his career to-night at Miami Beach, Florida, when he faces Mr. Potter submitted that this Jack Sharkey, the American-Lithuanian Was Incorrect. . The residuary ex-sailor, in a bout which is described estate described in the will was insa an "elimination contest" for the effect divided into four portions, world's title. In the opinion of Bri- and all the four participants were fish sports writers the winner will be on precisely the same footing. the logical world's champion, Sharkey Further, testator in his will, al-being admittedly the best man at his though mentioning specific legacles, first came into the limelight under hie |weight In the Stater, whilst Scott, who had used the word "funds" in cou- proper name of Phil Sußing, when he nection with the bequests in ques-won Mr. J. T. Hulls's Crystal Palace
tion..
To Provide Annuities The facts were that four lakha had been set aside to provide an An appeal before the Full Court
annuity for one nephew: seven lakhs made against this decision, for the same purpose for Mr. and" again in a subsequent judg❘ Bagran two lakhs for another
WEB
by the Full Court of Appeal, it was held that 8 per cent. inter- eat was payable to Mr. Bagram
tournament, has steadily retrieved the reputation he lost when he was knock- ed out in the first round by Knute Hansen, in New York, in his first fight in America.
Scott later showed that this form was wrong when he knocked out the gigantic Monte Mumn, of Nebraska. Last Summer, upon his return to ment given out on May 3, 1928. nephew, and the balance of the America, he defeated the much-touted i funds described as the "residuary Campolo, which victory is probably his estate" was to be paid to the most imposing one to date. Armenian Church. There was a Sharkey has been knocked out by provision in the will, however, that Jack Dempsey, but on the other band in case of lapse, any of the funds roon put "paid" to the pretensions of In cases A, B, and C should fall In. Tommy Loughran and Jack Dolaney,, If, then, the Church had been who are bath light-heavies who had meant to be a residuary logotee in carried all before them in their own the ordinary sense, this clause would sphere. not have been necessary.
from the date of the testator's death.
1
Scientific Boxers
Both men are excellent boxers, with- the pugilistic ferocity of
Furthermore, the moment that i the first three funds were created, out the fund for the fourth beneficiary, Dempsey, and the bout should prove one the Church, came into existence. of the most scientific seen amongst The funds were all to be created at heavyweights in recent years. Scott the same time.
been a In this case, why has
long time getting his should interest be given to any of chance, and probably realises that it in the only one he is ever likely to get, the first three beneficiaries as he recently passed his thirty-second against the Armenian Church?
No Fund As Yet
birthday, and must now be reckoned an old-timer, as ringaters go.
Again on September 16, 1929, Mr. Potter applied for an order that the judgment of the Chief Justice given on March 23, 1928, viz, (1) That the above named defendant. Mr. J. T. Bagram, is entitled to interest on his legacy from the date of the testator's death, (2) That the said defendant is entitled to be paid interest on his legacy at the rate of 8 per
The future of professional boxing cent. per annum. If the income of Another point was that the is also involved, to some extent, in the the estate is sufficient, and (8) executor had powera of postpone-result of to-night's fight, in that re- ment, and there could not be a fund cent fiascos where doubtful fouls have That the said defendant should re-created for the benefit of anyone decided the issue have given the sport until he acted under Clause 8 of the serious set-back with the paying
public. will. How, then, could interest ba paid when at the present time nood-luck." The record
Britons to, a man will wish Scott funds had beta created or could be heavies in the States does not make ascertained? What the bene pleasant reading, the appellation of ficlaries were entitled to was the "horizontal champions" being only too Interest on a trust fund which was dismally, true. Let us hope that this to be set aside and invested time we have a British contender who, separately for their respective even should he not be victor, will at benefits. Where was the fund? least be a game and gallant loser. For all the Court knew, there might never be one.
ceive payment at the rate of 7 per cent. or such lesser rate as the Income of the estate allows to be paid," be reversed and also how the coats of this appeal were to →be borne.
At this morning's proceedings, Mr. Potter gave a brief history of the case, and reminded his Lord- ships that there'-had bean no ap- peal to the Privy Council against the subsequent judg ment, and that such an appeal, even if one was con- templated, could not be lodged as the time limit had expired and that the Hong Kong Court had no power to extend the tinie limit
Mr. Potters Contention Mr. Potter contended that if the money left to Mr. Bagram was in
be a legacy, the inter- then commence, to run
In this connection, counsel stated, the case of Whiteley and the Blabop of London had been brought up, Counsel contended that there was zo analogy between the present case and the Whiteley case. In the latter case, the funds were not beld in trust as in the case before the Court The Whiteley Case had been merely one of an instruction to realise, and hand over an actual sum.
[A message of Fob. 8 stated: Phil Scott will start training at Miami to-morrow for his Eght with Jack Sharky on February 27. He arfred on Wednesday evening, saya Beuter, and was greeted by unkinis of the city of Miami and a band which played English and Scottish
Scott was somewhat tired after bin York and was craight to his hotel 88 hours railway journey, from New
*I am going to get into condition to taks Sharkey In quick order” he said.
not:the, kaart, thi: brought to rounds
tion/old
Mr. P. T. Carey, who has been in charge of the construction and Automatic organisation of the Telephone Company, on being Interviewed, declared that the Ex-
No Breakdown
i
The heads of the delegations to the Naval Conference privately con-
OVERSEAS RADIO Scheme to Save Time and Money
A NEW POLICY
number of cases the Governor will be able to act as the repre- sentative of his territory, while in others that some senfor official of the territory will be deputed.
The work of the conference will fall under three main hendings, namely, colonfal development, under which is included the vary Important question of the working and application of the colonial de- The Postmaster General announc-velopment fund, the administra- ed in the House of Commons that tion of scientific and technical the Government had decided upon schemes, and problems of colonial
administration in general.
Will They Scrap Her, Too?
Rugby, Yesterday.
H.M.S. GLORIOUS The new British Aircraft carrier which has lately been converted from a cruiser. This splendid' vessel may be scrapped if the aims of Mr. Ramsay MacDonald are carried out by the Naval Conference.-(Sport and General).
SOME RAIN
To-day's weather report from the Royal Observatory states: The depression appears to be filling up over. 8.Ę. Japan.
Pressure is high over N, China and Manchuria
A depression is shown; over Indo-China.
Coastal Fog. Forecast:-S. E. winde, mo- derate; cloudy; some rain.
Rainfall
To-day's rainfall (up to 10 a.m.). Rainfall since January
. 1, 8.65 faches, against an aver-
age of 3.04 inches,
Temperature and Humidity
The temperature and humidi- ty at certain specified centres this morning at o'clock :were; *
Temp. Humid.
98
Hong Kong 2
Macao Pratas Island .. 32.
∙100 .:05
72
Amoy
65
88 100
100
80
88.
Swałow Chetoo Shanghai
ferred for an hour with Mr. 1 Ramsay MacDonald In the House)
of Commons this afternoon,
had
ence
Good Progress
Replying to questions in the House of Commons, Dr. Drummond Shiels, Under Secretary for the Colonies, said that the conference will consider the question of un- official representation at a future Colonial Conference.
Development Scheme Answering a question regarding colonial development schemes, Dr. Shiels said that a preliminary, ap plication for assistance from the Colonial Development Fund haa been made by the High Commis sioner for Transport for Kenya and Uganda in connection with a proposal to extend the Kenya- Uganda Railway westwards to the Uganda-Congo border. Arrange- ments would be made in the usual way to ensure that plant, machinery, and materials Import- ed into East Africa in connection with any such projects would, save in exceptional elrcumstances, be of British manufacture and origin. In regard to Nigeria, no Bervices had yet been arranged to necessitate assistance from the Colonial Development Fund, as that Colony had just floated a new loan to be devoted to works of public utility.British Wireless Service.
communication between the two
and asked whether the conference the policy for overseas telephony by points over a given number of hours
broken down. A prominent a concentration of the Post Office each day. personage who was present at the wireless station at Rugby and the As regard future development, the meeting declared laughingly "no, receiving station at Baldock. He Rugby system was more elastic and, any such suggestion is rubbish." referred to the fact that under the therefore, in this respect, offered late Government the beam wireless decided advantages. The second A conference communique states: system for overseas telegraphy had main issue was the financial com- "The heads of the delegations, with been leased to a Imperial and Inter-parison between the two systems. the French Ambassador, met the national Communications Company. The concentration at Rugby ad- Prime Minister this afternoon to The late Goverment, however, inmitted economy in many directions, consider the continuation of the conformity with the recommenda-particularly in the land line co- work of the conference. It was tion of the Imperial Wireless and notion with the London trunk ex- arranged, subject to French agree- Cable Conference, had reserved to the change. The wireless service re- ment, that immediately the confer- Post Once the control of overseas, quired excellent land connections in able to resume its full telephony and had deliberately re-and, by grouping services at one activities, the original programme frained from comitting themselves centre such as at Rugby, a amaller of work will be continued. In the on the question as to whether they number of lines would suffice. The meantime, the private conversations should or should not use the com-distance to Rugby and Baldock from among the delegates one continuing | pany's stations for this purpose. London was much less than to the and the work of the technical sub- In August lank he received abeam stations at Bodmin, Bridge- committees Is maiding good pro-letter from the Communications water, Grimsby and Skegness. The gress."
Company urging that the Govern-result was that the work of four Satisfactorily Alive
ment should now decide to work the circuits to India and the Dominions Authoritative British quarters re-overseas telephony from the com- through beam stations would need gard the communique as indicating pany's stations, beginning with four 4,100 miles of high grade telephone that the conference will proceed on services to Canada, Australia, circuits to work them through the original lines as effectually stopping South Africa and India. This was Fost Office station, whilst at Rugby The other alter and Baldock only 788 miles would the talk of a three-power agreement one alternative. as a a-against the original idea of a native was for the Government to be required.
• Government's Decision five-power treaty, which is still pre concentrate on the wireless tele- dominant. A British spokesman phone service at the Government The minimum rental asked by the said. "The conference is still quite staton at Rugby, which had for Communications Company for the three years worked the service to use of the beam telegraph station satisfactorily alive."Reuter.
the United States on a commercial for the telephone services in quès- “Humanizing” Submarines
basis.
tion was from £40,000 to $45,000
** Rugby, Yesterday, The work of the technical sub- committees mentioned in the com- munique refers to committees on ships which are to be
be the more economical.
In deciding between these two per annum, according to the type of alternatives, there were two main equipment employed, plus a royalty. issues, firstly, which of the systems of ten per cent on grose receipts In would provide the more efficient excess of a certain figure. This service and, secondly, which would was exclusive of the cheaper scheme, which was open to objection on other grounds, As a result of the com alderation of all, the issues the The Government had consulted Government had decided opon
who policy of taking overseas wireless telephony by concentration at the 1 Once Mation at Rugby and the
Experts Opinions
two. Inder
tation
Bardock