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Library, Supreme Court

ASAHI China Mail

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MITSUI BUSSAN KAISHA, LTD.

No. 27,505

HONG KONG. HOTEL SUED.

Troubles Over Refrigerating Plants.

PROVISIONS DESTROYED.

No Adequate Supply of Water?

BSTABLÍSHBD

9781

HONG KONG, WEDNESDAY, JUNE 4, 1930.

TO-DAY'S DERBY.

Royalty Going to Epsom.

DIOLITE STILL FAVOURITE.

London, Yesterday. Definite arrangements have been made for H.M. the King to go to Epsom to-morrow, accom-

18:-

Duke of Gloucester

and

A case of considerable interest to electrical engineers, parti-panied by the Queen and possibly cularly to those who are in the refrigerating business, was com-the menced at the Supreme Court this morning before Sir Joseph H.Prince George. The latest betting Kemp, Chief Justice, when the Hong Kong and Shanghai Hotels, Limited, were sued by Messrs. Andersen, Meyer & Co., Ltd., for the recovery of $25,385.20, being balance for work done and material supplied between September 11 and November 27, 1929.

The claim is in connection with the Ice Cream Hardening Room and other creamery machinery Installed at the Peninsula Hotel and also for a refrigerating plant installed at the Hong Kong Hotel. Defendants are counter-claiming for alleged damages suffered as a result of the alleged unsatisfactory working of the plants. The counter-claims total over $100,000.

WHAT WAS DONE.

fits.

Mr. H. G. Sheldon, instructed by, quential damages for loss of pro- by Messrs. Johnston, Stokes and Master, is appearing for the plain- tiffs, whilst the case for the de- fence is being conducted by Messrs. Eldon Potter, K.G., and F. C. Jenkin, both of whom are instruct ed by Messrs. Deacons.

The particulars of the claim gave details of the Ice Cream Hardening Room Installed in the Peninsula Hotel which included creamery machinery, cork Insulation, tiling and pipe connection. Also a 50 gallon 2-C batch mixer with 350 volt 3 phase 60 cycle motor. The work done at the Hong Kong Hotel was the installation of a refrigera tion plant, ice water system and filters. The total amount of the contract was $50,385.20, of which $25,000 was paid on account.

Defendants had also filed a state- ment of their defence, which was generally to the effect that the work was not done according to specification and that the plants were not working efficiently,

Plaintiff'e Case Outlined. Outlining his case for the plaintiffe, Mr. Sheldon said that the writ was issued in December last year and in reply defendants replied that the plants were not up to re- quirements and that they were not working satisfactorily.

In a

3 to 1 agst. Diolite, t. & o 15 to 2 agat. Rustom Pasha, t, & a. 100 to nget. Silver Flare, t. & o. 100 to Bagst. Trews, t. &

15 to 1 agst. Blenheira, o.; 100 to 6 t. 100 to

to agat. Ballyferie, . &o. 20 to taget. Noble Stár, t. & 0.

25 to 1 agst. Scout II., t. & 0. 28 to 1 agst Iliad, t. &.

28 to 1 agst Dick Swiveller, t, & o. |

Sear, o.

33 to 1 agst

40 to agst. Bargany, o.

50 to 1 agst. Sea Rover, n.

60 to agat. Sponger, o.; 68 to 1 t.

00 to 1 agst. Grand Salute, o.

$100 to 1 agst. Lansdowne, o.

100 to 1 agst. Parthenon, e.

200 to 1 agst Adlon, o.

200 to 1 agat. Tetragem, o. Final Call, Over.

London, Later.

The final call over was:

11 to 4 agat. Diolite, o. 3 to 1

& wanted.

11 to 2 agat. Rastom Pasha, t, & o. 13 to 1 agst. Trews, t. & o.

TO-DAY'S DOLLAR. — The closing rate of the dollar on c'emand, to-day was 1/8,

PRICE $3.00 Per Month.

Dainty Eyeglasses

N. LAZARUS Ophthalmic Optician

13, Queen's Road Central

MR. THOMAS'S NEW DOLLAR DOWN AGAIN RAIN RUINS TEST TRIAL AT LORD'S.

JOB.

TO BECOME DOMINIONS SECRETARY.

TWO OFFICES CREATED.

London, Yesterday. In the House of Commons to day Mr. Ramsay MacDonald' an- nounced the separation of the State Secretaryships in the Dominions and Colonial Offices. He announced that Mr. J. H

to

Mr. J. H. Thomas.

:

15 to 1 agst. Silver Flare, t. & o. 100 to 6 agat. Scout II., o.; 20 to 1 t.

17 to 1 agst Blenheim, & 0. 22 to 1 agst Ballyferis, t. & 0. 22 to 1 agat. Noble Star, t. & o. 25 to 1 agst find, t. & o. 25 to 1 agst Dick Swiveller, o: 28

to 1 t. 40 to 1 aget. Seer, t. & o. 40 to 1 agst. Sea Rover, o.; 50 to 1 50 to 1 agst Sponger. o., 66 to 1 50 to 1 agst. Grand Salute, o. 66 to 1 agst Bargany, t. & o. 86 to 1 agst Lansdowne, t & -0. 100 to 1 agat. Parthenon, o. 200 to 1 agat. Adlon, o 200 to 1 agst Tetragem, 0.

Golding will ride Parthenon.

ENGINEERS' SWEEP.

His case would be to prove that the contract was properly carried out, but he would do so without worrying his Lordship with too many techai-Reuter. calities. He would prove that the machinery was all capable of per- forming its functions, and that the The following is the result of Secretary's Statement.

plaintiffs had done everything that the draw in the 1930 Derby Before the matter came into they had contracted to do.

Sweep at the Institute of En- Court, voluminous correspondences

machinery of this kind.gineers and Shipbuilders, Hong had been exchanged between the water played the most important Kong Horses and ticket numbers parties, and in his pleadings, Mr part. There was to be an adequate are given:- W. J. Hawker, secretary of the supply of water, and the person to Hong Kong and Shanghal Hotels, see to that would be the man for Limited, said that the whole work whom the machinery was installed. amounted to $142,712, of which the Plaintiffs did not set themselves out aum of $118,932 had been paid. as chemists, and, that being so, they The respective plant were required could not be expected to help the for maintaining a cold storage for defendants out as to whether or not meat, fish, vegetables and other the supply was adequate both in quantity and quality. Plaintiffs

perishable commodities.

The first item of $11,860 appear no doubt had agreed to all the re- ing in the claim, was the price in connection with the balance of quirements contracted for but they work done and materials supplied would deny that the materials were in respect of the installation at the not good or that the work was not

properly done. Peninsula Hotel and the last item of $36,920 was the price in respect of the Hong Kong Hotel plant, The items of $1,280.20 and $370 were in respect of materials aup piled voluntarily by plaintiffs for remedying defects in respective plants:

Trews

3135

Sponger

142

Silver Flare

1316

Sen Rover Illad

463

2947

Ballyferis

640

Grand Salute

432

Lansdowne

9168

Diolite

969

Bargany

24

Rustom Pasha

535

Blenheim

3786

Parthenon

1099

Noble Star Seer

572

1168

3247

560

762

1370. 3709

Tetragem

Adlon

Scout II,

Dick Swiveller

The Fled

The first prize amounts to

The machinery were provided for the Hotel's use only and if the de- fendants wished to work them to excess by making a larger quantity ($1,022.87, and the second and of ice cream for the purpose of sell-third to $292.25, and $146.12, res- Ing wholesale or retails as pur-pectively.

veyors, the machinery would no- Aturally be inadequate,

With regard to the $25,000, which the plaintiffs had written down as being paid on account, the payment was in fact made and ac- cepted upon the express understand

ing that it should not prejudice any

claims.

A Brenk Down.

An Objection.

Counsel then went on to deal with

PASSPORT VISAS TO MEXICO.

Canton, Yesterday,

all the representations made by the Ever since the dosing of the defendants, when Mr. Potter format- Mexican Consulate in Hong Kong ly lodged an objection, saying that by the Republic of Mexico, Chinese Buch representations were inad-passengers to that country cannot missible as evidence and that he have their passports visned in Hong The alleged unsatisfactory work-could produce authorities to eup Kong, and cannot consequently ing of the plants had culminated in port his contention. He would, purchase their tickets from Hong a break-down on April 20 and 21, however, say no more at this stage Kong.

laat year, when approximately 28 beyond entering an objection but It is now reported that an ar- should his Lordship, desired any rangement has been made by the tons of provisions, valued at $80,677.75, which were stored in authority later, he would provide It. Canton Special Municipal authori

* History of the Case, ties with the various Pacife steam- the refrigerating room, had to be Mr. Sheldon then gave the history ship companies to carry Chinese removed and destroyed. Debit notes in this connection were sent to the of the case. In March 1928, de passengers destined for Mexico as plaintiffs, and defendants had also fendants approached plaintiffs for far as Yokohama, where they can paid the sum of $1,889.89 to the the purpose of preparing a specifica-obtain the necessary visa from the Dairy Farm for the storage oftion for refrigeration plant for the Mexican Consulate for the voyage meats, and had also paid for the Peninsula Hotel. A specification to the Republic. Canton News service of Mr. J. Turner, Managing for the same machinery was given Agency. Director of the Eastern Engineer to defendanta in 1926, but as the Ing Works, Ltd., Shanghal, to come hotel was later occupied by the

Was

shelved

(E

to Hong Kong for the purpose of Military, the whole matter making a survey of the plante. Mr.

Turner had, after the survey, given In March, 1928, Mr. Hacker, who his opinion that the plants were in was the refrigeration engineering capable of producing the refrigera- expert on the staff of the plaintif tion tonnage contracted for or of company, was asked to come to Hong giving or maintaining the tempera- Kong from Shanghai for the pur ture contracted for and guaranteed pose of reviving the original scheme. by the plaintiffs He came down and discussed the To make the Hong Kong Hotel matter with Mr. Brerley, who was plant capab performing at all the engineer In the Hong Kong. sary to Instal Hotel. As a result of his discus- that he would and to make alon ich would pro... pre

system, not but he was

will be

SHOWERY:

The_Royal":"Observatory's weather report, to-day states:

Depressions lle over the Yangtze valley and Tongking

Forecast Southerly winds, moderate generally cloudy; showery.

Rainfall Rainfall to 10 0.21 Inch

Rainfall ary 110.67 inches: Faver

to-day Janut

inst an

The Imperial Conference.

Yet Another Low Record.

Northants Surprise Sussex.

ROOT'S DELIVERIES PUZZLE KENT BATSMEN

Notts-Lancs Duel.

AND MORE TO COME!

That well-known 'expression “the bottom dollar* obviously does not apply to the Hong Kong dollar,

Six of the ten first-class matches in the week-end programme which appears to have no bottom at

After what was considered a were won outright. The most surprising result in the county cham-" all. truly sensational fall to 1/4d. some pionship was seen at Kettering, where Northamptonshire defeated days ago, it was learned this morn

ing that in spite of an official rate Sussex by 60 runs in a remarkably low scoring match, Rain inter of 1/3d, business had actually fered with the Test Trial at Lord's, allowing only two days' play. been done at 1/2 11/16d. Rumoura England, from what was seen of the game, seemed too powerful a were also current to the effect that combination for the Rest. Oxford University provided a pleasant the rate was down to 1/248. All

of which is extremely "cheering" to the dollar-paid man.

The rate, of course, is a new low

surprise by defeating Glamorganshire by 117 runs.

Don Bradman was the most successful batsmen with 191 to his credit, whilst four other batamen reached the century mark. Root record, the present slump, having left took 9 Kent wickets for 81 runs and was the most successful bowler the previous low mark of 1/61⁄2d..] on a bowler's day. which was reached in 1902, well be- hind some time ago.

an

London, Yesterday. 36 runs in this match of amazing- The Test Trial at Lord's was] ly low scoring. It is understood that when the

[At Tunbridge Wells, Kent de- market closed for the King's Birth-washed out to-day by heavy rain,

no play being possible on this, fented Worcester by six wickets.]) day yesterday, a further drop, in the the third day of the match

Worcester. took first knock and, rate was expected. Some of those The Rest won the toss and thanks to come brilliant batting who claim to be in the know state elected to bat. Scoring was hard on the part of Gibbons, scored 141. undefeated Thomas would become Dominions that ruling rates in Hong Kong and consequently play became Gibbons played

slow and on the dull side. Geary; | Innings of 61. Kent took a lead Secretary,

follow Shanghai very closely, and the Leicestershire bowler, and of 76 on the first innings, Todd that the present unstable state of | R. W. V. Robins, the promising scoring 68, and Root, bowling an the market in the Northern port Middlesex all-rounder, were rea- admirable length, taking 9 wickets has an inevitable effect on rates in ponsible for the Rests low total for 81 runs,

of 198. The former took 4 wickets Batting a second time, Worces- the Colony. This may be 80: but

for 20 runs and the latter 4 for ter, before the slow bowling of the reason for this unprecedented 69.

Freeman (4-29) and Hardinge slump, it can be fairly safely England batted brightly and (4-25) scored only 102, thus set- stated, is not, and never has been, total. Hobbs and Hammond were runs for victory. This was not easily passed their opponents' ting Kent the task of gaining 27 quite clear to the average resident nasociated in a

very spectacular accomplished until four wickets In the Colony.

and productive stand, Hobba acor had fallen..

In the House of Commons at question time Mr. Ramsay Mac- Donald stated that at the approach of the Imperial Conference the nature of its business necessitated

STOP PRESS

Osaka, To-day. The strike at the Kanega fuchi millst Yodogawa and Kyoto has been called off after a stoppage of work of over fifty days. According to the terms of settlement the Kanegafuchi Mills' original wage-cut will be enforced, though the management pro- mise to make up the cut by a disbursement of the welfare fund. The management also assure that there will be лo

The further wage cut.. prolonged strike disheartened the workers, who are glad to resume work-Reuter.

Rawalpindi, Yesterday.

A court-martial has opened at Abbotabad on seventeen men of the Indian Regiment of the Royal Garwhal rifles on a charge of disloyalty on the occasion of the disturb ances at Peshawar last month.-Reuter.

Paris, Yesterday,

The Police enquiry into the Montereau, railway disaster on June 1 has definitely established that it was malicious attempt to wreck › the train by placing a trolley on the line-Reuter.

n

Washington, Yesterday, President Hoover has refuse ed to consider the plea of a

number of Senators to post- pone the Naval Treaty debate till December in order to en- able them to return home for the approaching campaigns. The President informed the Senate leaders that he would call a special session to consi- der the Treaty the day after Congress adjourns.

Bombay, Yesterday.

A huge meeting of Moslems adopted a resolution support ing Gandhi's campaign ap pealing to Moslems throughout India to participate in the civil disobedience movement and boycott of British goods, also expressing the opinion that an long as the Congress and the Moslem council did not parti-

in a

¿con-- fem should at

of the

Enquiries by a China Mail re-ing 80 and the Gloucestershire [Derbyshire defeated Middlesex star, 79. Patsy Hendren followed at up his predecessors' success by wickets.]

porter this morning, only elicited a great deal of solem

deal of solemn head-shaking

and gloomy prognostications, the concensus of opinion being that the dollar would drop even further. one is still left wondering!

FLYCATCHER'S MISHAP.

Burton-on-Trent by

severk

BATTING.

So

D. G. Bradmari

19)

Australians` v. Hampshire.

Townsend

141..

Derbyshire v. Hiddlesex.

Mitchell

136

Yorkshire v. Leicestershire.

Smith (E. I.)

133

Warwickshire v. Gloucestershire,

Hendren

101

Root

C. V. Grimmelt

9-81 (7-39

17-54

Macaulay

6--11

Wensley

C. Hill-Wood

642

Gover

Boyes

Matthews

5-18

-Thomas

5-22

15-39

The Naval Intelligence Office re-

ports:→→→

Flycatcher No. 4 was smashed in its undercarriage whilst ondes- vouring to land 01 the deck of H.M.S. Hermes yesterday forenoon, A successful landing was subse- quently effected at Kai Tak.

cussions. at the ference."

Imperial Con.

Another Report.

Cook Paine

Sinfeld

England v. The Reit,

BOWLING.

5-60

Worcestershire 7. Kent. Australians v. Hampshire. Yorkshire v. Leicestershire.

Sussex. v. Northamptonshire. Oxford U. v. Glamorganshire. Burrey v. Essex.

Hampshire v. Ausicalians. Northamptonshire; v. Suarez.

Northamptonshire v. Summer.

Sussex . Northamptonshire. Warwickshire v. Gloucestershire. Gloucestershire v. Warwickshire.

6-70

The visitors, on the winning

scoring a brilliant and forceful He was anxious that the contacts century, whilst Larwood the Notts tuss, took first knock and compil already established by the Lord fast bowler, brought up the rear ed 182 runs. Townsend, with a with a creditable 47. J. Ĉ. White | dashing innings of 141, enabled Privy Seal on the one hand and the and G. T. S. Stevens, of whom we the home county to gain a lead Dominions Ministers on the other should in future be more effectively have heard very little during the of 100 on the first innings. Mid- last two seasons, were the dlesex in their second Innings used both for inter-Imperial pur mest successful bowlers in scored 102, thus leaving Derby- poses and our

own unemployment weak attack. White and Stevens shire with 93 runs to knock off policy (loud Iranical Opposition are both slow bowlers, the former for a win. This was achieved ́for laughter), Therefore, he had de taking 8-50 and the latter 880. the loss of three wickets. cided to aak the Lord Privy. Seal to Entering on their big task of [At Oxford, the University de- take the Dominions and the latter scoring 237 to save the innings feated Glamorgan by 117 runs] had consented. The consequent defeat, the Rest had scored 6 runs The Varsity, In their first Inn- which readjustment of the machinery for without loss before rain prevent ings, scored 269, to dealing with unemployment would ed further played

P. G. T. Kingsley contributed a be announced in due course-

It was unfortunate that G. T. S steady 75. Glamorgan falled to Reuter.

Stevens could not get another take any advantage and were 181 chance to distinguish himself, us runs in arrears on the first Jon- Rugby, Yesterday. he has a stubborn defence, and ings. ". Oxford" declared their The Premier announced, in the some beautiful scoring strokes. second innings closed at 158-5. House of Commons, that the GovernIt will be recalled that Stevens The Nawab of Pataudi, who has ment proposed to separate the offices scored 149 against the Australian shown consistent form throughout of the Dominions and Colonies and team at Lord's In 1926. This the present season, scored 85. that Mr. J. H. Thomas, at present score was the highest ever made Requiring 290 for victory, Glamor Minister-in-Charge of Unemploy by a Middlesex player against a gan failed: before the fast bowl- ment, would be Minister for the touring side. If only he could re-ing of C. Hill-Wood (6-12) and Dominions. He said that the ap- produce that form this season, ho were dismissed for 172.

[The match between Lancashire proaching Imperial Conference and would walk into the England XI. the nature of Its business neces [Northants defeated Sussex at and Nottinghamshire at Manches- sitated the separation of offices Kettering by 60 rans]

fer was left drawn, Notts taking which had already been made by de- Batting first the home county first innings points. ] claration but not in fact. At pre-compiled the moderate score of. The duel between champion and sent there were two Under Secre- 162. Cook took 5 wickets for 24 prospective champion always pro- Laries of State for these offices, but runs. Sussex found the bowling vites a hard fight for -frat Inn- they still had one head in common, very strong, and before Thomas Inga" points. This game proved He proposed now to put one over and Matthews falled miserably, no exception to the rule. Notta each office. This would have been | scoring only: 84 runs. Thomas | took first knock and complied 822, done before, but it was so incon- took 5-22, and Matthews 447 to which Whysall contributed 82 hat his predecessors The visitors, however, were comand Lilley 94 Lancs just felled, had delayed it. In pensated a little by the fact that in a thrilling struggle for runs, Contacts established by Northants put up little resistance to gain the five points. With a with the Dominions. It against Wensley and Cook, and lead of five runs on the first inn mentioned by the Premier that were dismissed for only 43. inge, Notte declared at 228—7-in as was Secretary for the Wonsley captured 6 wickets at the their second, Innings. – Whysali the Labour Government low cost of 20 runs and Cook again was in good form, scoring There was at that time for 12,

wel

reger

was

the Mr

по вера

also visited

present term of off.

Wirelans

Dominion Office, Mr. Requiring only

ever

win,

74 At the close of play Landa

shire were 154 runs behind with nine wickets in hand

At Edgbaston, Warwick took

ings: pointa from Glocices

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