THE CHINA MAIL, NOVEMBER 3, 1939
Arms Embargo Clause Cancelled By Congress ROOSEVELT'S VICTORY: SUBSTANTIAL MAJORITY FOR REPEAL
Washington, To-day.
GERMANY'S EXPORT DISABILITY
LONDON, TO-DAY. GERMAN EXPORT ACTIVITIES
THE FINAL PASSAGE of the Neutrality Bill with a complete repeal of the arms embargo, is now vir- tually assured following the defeat by 242 votes to 181 in the House of Representatives of a mo- IN NORWAY ARE DECLINING AND tion urging the retention of the embargo. The motion was one of three in the form of instruc- tions to the Joint Committee of both Houses. The other two motions were also defeated.
Senate
TRADE ACTIVITY SHOWS DIMISH- ING RETURNS IN SPITE OF THE LARGE COMMERCIAL STAFF SENT
TO THE GERMAN LEGATION.
In many
cases, either the goods cannot be delivered or the prices have
been raised. Offers of certain metals have been withdrawn.
NO INDIAN TROOPS IN FRANCES
London, To-day.
in a broadcast the German Wireless stated that Indian troops have arrived in France.
In fact no Indian troops' have been drafted to France.-Reuter.
ANOTHER TRAIN BLOWN UP BY MINE
Kwangteh, To-day. Another Japanese troop train from Shanghai struck a mine near Wusih, The locomotive was blown up and on the Nanking-Shanghai Railway. nine coaches, were derailed. Many Tanning materials are unobtain- Japanese were killed and wounded.
Central News. Reuter.
Woollen plecegoods are only sup-
material and as a result, orders have plied with a percentage of artificial been cancelled.
A motion forbidding Federal agen- (Friday). Four of the six cies to extend credits to belligerents representatives are in favour of the was defeated by 228 votes to 198 and Bill, and the House of Representa- the motion favouring the embargo on tives are in favour of the Bill, and
the House of Representatives appoin-able. but not aero- arms and ammunition planes and other rion-lethal instru- tees are expected to concur in ments of war,
was rejected by 244 Senate's alterations to the Bill votes to 179, whereas a similar amend-approved last June. ment passed the House last June by 214. votes to 173.
The Joint Committee is expected to meet to-day and it is thought that le- gislation will reach its final form not later than to-morrow.-Reuter.
PASSAGE ASSURED
The Bill Committee House of
will be submitted to a of the Senate and the Representatives to-day
DOGS TO
BE RATIONED IN GERMANY
London, To-day. According to the German news-
"Hamburger paper
Fremden- blatt," dogs In Germany over 16 Inches high are to have ration. ing cards.
They will get scraps from but. chers' shops.
Dogs under 16 inches high will get the scraps, if any, from their masters' tables.—Reuter.
the
as
The final stages, involving repeal of the arms embargo, are expected on Saturday, and the Administration is already making arrangements for ad- journing the special session of Con- gress on that day.-Reuter.
WHAT VOTE MEANS
***The vote means that President Roosevelt is within sight of victory in his campaign to remove the arms em- bargo, which would confer a big ad- vantage on Herr Hitler.
The final form of the Bill seems likely to follow the Senate proposals in all essentials, which means that the resources of the United States will be at the disposal of the Allies as long as they can pay cash and carry sup- plies to Europe in their own ships.
The vote in the House of Repre- sentatives is a complete reversal of the attitude adopted in June when re- tention of the arms embargo was voted by a substantial majority, and may be regarded as an demonstration of the change of feeling in the United States in favour of the Allies in con- sequence of German tacties in the first two months of hostilities.
Self-congratulation on the American decision may, of course, be tempered by the expectation that, with the ver- dict of Washington clear, Germany will no longer hesitate over mass air raids on British ports.
$100 AWARDED WOMAN IN
LOCAL LIBEL ACTION
WRITTEN JUDGMENT was delivered at the Supreme Court this morning in the case in which Mrs. Mary Shu sued the Ching Chat-kee newspaper and the Ma Ngai Print- ing press for $1,000 for libel. The case was heard by the Mr. Jus- tice R. E. Lindsell.
Plaintiff was represented by Mr. T. P. Woo, of Messrs. Woo and Woo, while defendants were represented by Mr. C. A. S. Russ.
Mr. Justice Lindsell said:-
must
In my judgment, the plaintiff's claim herein for: damages succeed.
ensued, but in such cases the evidence in question is given merely for the purpose of emphasising the fact that that has actually happened which the law would presume without proof."
(See Clark and Lindsell's Law of Torts (9th Edn) p.647).
It is not a case of "injuria · sine damno." Once the injuria" is prov- ed, the presumes the damnum to have followed.
In an action for libel the plaintiff
ABUNDANTLY SATISFIED has only to show that his or her re-
Here I am abundantly satisfied that putation has been assailed by the de- fendant to entitle him "prima facie" the newspaper article and photograph to damages, since it is a presump-complained of were libellous of the tion of law that damage to that re- plaintiff, in that the photograph (so reproduction putation must have followed from the I find proved) was a
of an actual picture of the plaintiff attack upon it.
and the article written round it "Even where (as here). there is no evidence that the plaintiff's reputation stated in so many words that, the has suffered, he is entitled to dam- lady of the photograph was an escort ages by reason of the mere probabil-girl-a statement which bore Ity that consequences injuries to clearest innuendo that she was like- him will ensue from the libel. Hely to be unchaste and little may strengthen his case by showing than a prostitute. that such consequences have in fact
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I am satisfied also that reasonable persons who knew the plaintiff by sight might well have been led by the article to believe that she had following left her husband and was
the dubious calling of an escort girl under the fanciful name of Ying. Ying.
It follows that the defendant must be liable under the rule in Hulton v Jones (1910) A.C. 20, even though they have proved that the article was not intended to apply to the plaintiff and that they were not aware and had no reason to be aware of her existence.
RECKLESS INDIFFERENCE
At the same time, I am equally satisifed that the defendants herein were innocent of all intent to libel the plaintiff or anyone else when they published the offending article, and their subsequent refusal to publish an apology must be imputed to ignorance rather than to defiance.
At the same time they accepted the MSS. and photo from an appar- ently unknown, and "mala fide,” con- tributor in Macao, whom neither side has since been able to trace, and printed it without enquiry,
There was here such reckless difference as to whether the article was true or false as to amount in law to malice.
1 consider that justice will be done' if I give the plaintif judgment against all defendants for $100 and