July 22, 1896.|:.
have offended in any way ought to have a right to be heard before being adjudged to be in contempt. In the second place, we gay with confidence that no case can be found in which an impartial publication of the pleadings on both sides, without any com- ments, has been held contempt of court, and
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CHINA OVERLAND TRADE REPORT. had been brought before the Court in the usual manner, that is, on a motion to commit, the only result would have been that on a review of the later authorities the motion must have been dismissed with
costs.
JAPANESE ATROCITIES.
(FROM A CORRESPONDENT IN SOUTH FORMOSA.)
TAINANFOO, 7th July.
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superior to the Chinese system as anything based on the most humane tenets of advanced civilization must necessarily be when compared to that which is in every way its contrast. Thus it is that had the Japanese placed these advantages before the people as speedily as possible after the occupation, they would un- doubtedly have met with a most docile submis
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we submit that the Acting Puisne Judge THE INSURRECTION IN FORMOSA. sion that would quickly have ripened into a has entirely failed, inadvertently no doubt, to grasp the principle of the cases on the subject. Publication of documents such as these in itself is no contempt, for to consti- tute contempt the publication must be with a bias in favour of one side or the other, showing that it was intended or clearly calculated to prejudice the fair "trial of the action," to use the words of Lord RUSSELL OF KILLOWEN in the latest case on the subject, Reginn v. Payne, 74 Law Times Reports 352. The bias may be shown by the fact that the statement of one side is published and tt of theha other sup- pressed, or it may be shown by adverse comment being made against the case of one party or the other. Now was there anything of the kind in this instance? Here the statements of both sides were. published. Which side was prejudiced thereby The Acting Puisne Judge seems to think that the Sanitary Board was pre- judiced. But why were they prejudiced any more than the plaintiff? We confess we are at a loss to understand,
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The cases quoted by the Acting Puisne Judge are all of them cases in which either the statement of one party to a suit was published without that of the other, or injurious comments were made by a news paper affecting the case of one side or the other. For instance, in Tichborne r. Mostyn a newspaper published a paragraph about a pending suit saying that the statements of some of the witnesses who had made affidavits on. one side were 66
obviously false and worthless." That was a most improper comment to make, but to compare that case with and treat it as an authority in the present case shows, we submit, a want of appreciation of the principle on which such decisions are based. Moreover, the cases quoted by Mr. SERCOMBE SMITH may fairly be called somewhat ancient inw, as the latest of them was decided in 1869, and we think that if the more modern decisions on the subject are referred to it will be found that the current of the later authorities is directly opposed to the opinion expressed by the Judge in this case. We would commend to the attention of our readers the late cases of Hunt v. Clarke (1889), 61 Law Times Reports 343, the Plating Co. v. Farquharson (1881), Law Reports 17 Ch. D. 49, and the Metropolitan Music Hall Co. v. Lake (1889), 60: Law Times Reports 749. In the last case Mr. Justice CHITTY says the test is to see whether a reasonable man could say that what had been done would interfere with the course of justice, and he goes on to say that the case would not go before, a jury “a
and to suppose that an article of this kind will influence the mind of the Judge who tries the action is to my mind pre- "posterous.". We submit that these re- marks are decidedly applicable to the pre-
At last! What we have been fearing has taken place, and the natives, goaded to despers- tion, have organized a formidable insurrection in the Hoonim district of mid-Formosa. disaster to be recorded is the murder of Mr. As far as foreigners are concerned, the chief D. D. Ollia, senior member of the Parsee firm, Dinshaw and Co. This gentleman is supposed to have been killed by the native insurgents, who, it is said, mistook him for a Japanese. Although no positive details of the tragedy bave been obtained, owing to the present isolation of the disaffected districts, we fear there can be little doubt as to the veracity of in common with other Foreign representatives the statements made about his death. He, of firms here, had been residing in Hoonim watching his camphor interests for several mouths, but most fortunately the rest of his companions had left the district a week or so prior to the outbreak. Mr. Patel, of Messrs. Mehta & Co., seems to have had a narrow escape, as he only fled after the fighting had commenced. As it is, he was unable to come south overland, so had to take launch from Lok-khang to Tamani. He wires that "it is certain Mr. Ollia has been killed." It is to be feared that all Foreign property at Hoo- nim, consisting of treasure, camphor, and either by looting or burning. The insurgents opium, to very considerable value, has been lost are said to have killed nearly all the Japanese at Hoonim and Tanlak, and to be in posses- sion of the whole country as far as a place called Twa-po-ni, about 8 miles north of Khaghi, where there is a Japanese garrison, considerably retreated thither from the outlying places. in: reased by the detachments which have
letter sent by a very reliable Chinese refugee The following extracts are translated from a to a friend here :-
66
This morning at 4.30 the insurgents had some fighting with the Japanese at Hoonim. The engagement lasted till 7 o'clock, when the Japanese, being defeated, retented to Tan-lak several hundred insurgents in Hoonim. The The Japanese had many mien killed. There are houses of the European employes are deserted, and I have also left, but was not able to take with me either clothing or money. I had to borrow money from friends to defray expenses.
Kin, Kes's foreigner (Ollis, of Dinshaw Co.). while out in the street in Hoonim, was severely cut by the rebels, who mistook him for from the effects, but I cannot say for certain. a Japanese. I have since heard that he died What measures will his firm take in regard to his sad case?
"I have been running from one place to another, without finding a safe abode. My temporary home is Pi-e-tan, where I take shelter under the roof of a relation. This place is on the boundary line of Chang-wha. Insurgents are rising up everywhere, and as far as I can ascertain they have been incensed to their present attitude by the Japanese.
"When Japanese troops again come to the scene of disturbance perhaps once more innocent people will be made to suffer untold misery. Heaven seems to have decreed that these an: fortunate people shall not escape misfortune in any event."
of
The above is a brief resumé of the state regretfully to admit have been gradually but surely (in spite of the forbearance and long suffering of the Chinese) led up to by the previous innumerable acts of tyranny and gross cruelties perpetrated by those who, so far, have alone had the opportunity of coming into the closest contact with the people.
greateful acceptance of a condition so favour- ably contrasting with that to which they had been accustomed. This be a fact, and in almost every district, and we know to
had the most weight, the great majority of the especially in those where tradal considerations people were not only most anxiously, but even sanguinely, solicitons for the institution of civil
unnaturally, in consequence of the ignorance- Through some mal-advice, or it may be, not law and order at as early a date as possible.
of persons suddenly brought in contact with a strange people, the Japanese elected to keep on the military rule, with all its rough and ready accompaniments: detatchments of gendarmes, soldiers, and coolies overran the country, each individual by his oppressive and even outrageous acts becoming a focus of irritation, which has now brought about a condition of desperation It is unnecessary to go into minute details of among the natives that is almost indescribable.
of respectable women ravished, property ruth- every act, or quote each well authenticated case lessly destroyed, and unprovoked assaults made wish to write any harrowing or sensational on the person. It is neither our province nor
perpetrated in the name of those who we feel account of the piteous deeds that have been
condemn all such atrocities if circumstances certain would be the first to repudiate and had been so arranged as to bring them under their immediate notice. We cannot perhaps better illustrate what has been taking place than by referring to the most recent con in which foreigners have become so distress- sequence of these grevious misdoings, and one ingly involved. It would seem that in the Hoonim districts, which closely adjoin the hills, some of the native victims less patient than others, or those whose homes had been entirely broken up by the constantly recurring visits and raids of the soldiery and gendarmerie, fied to the hills, and undoubtedly became high- tions proving at last annoying to the Japanese way or even general robbers. Their depreda-
have directly attacked, a small military detach- whom, however, they did not appear, so far to
break up the gang of desperadoes. Failing, ment was sent into the hill-country to try and
ments were, however, soon obtained, and once in consequence of being led into an ambuscade, the attacking party had to retreat. Reinforce
ible to overtake the robbers, who retreated into more the expedition started. It proved imposs-, the mountain fastnesses. Failing access to the robbers' country, the line of march would seem districts lying near the base of hills, where the to have been changed so as to include all the military commenced a wholesale burning and 70 and 90 in all), also several farmsteads, and pillaging of villages (estimated to be between killing without mercy as many of the inhabit- this drastic and certainly inhuman procedure ants as came within reach. The theory of, was that even though the actual offenders should not be directly affected, still such an example and state of terrorism would be created as might be expected to stamp out all far from this being the case, the thousands fature attempts at lawlessness. Unhappily, 80:
ferent to their future, joined the robbers, who, rendered homeless, childless, and generally indif- it appears, are well supplied whence we know not-with arms and ammunition; and the whole- force, now enormously increased swooped down on the plains, boldly attacking their later death to retreat to Khaghi, which latter place aggressors, and forced as many as escaped
sent case. Then there is the above men- tioned case of Regina v. Payne, decided in March, 1896; in which Lord RUSSELL OF affairs existing at present, which we have most the rebels are said to be now threatening. KILLOWEN approves the principle of the cases last referred to. He says, *C
Applica- tions to the Court to exercise its summary power to commit for contempt have of ate been far too numerous and in some cases, more especially in the Chancery Courts, the decisions of the Courts have gone in my opinion, too far." We have therefore no doubt but that, if this matter
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There can be no two opinions about the fact that the Japanese form of civil government, both theoretical and practical, is as immensely
We do not know what force the Japanese have in this latter place, but as we have pre- viously stated, the outlying detachments bothsta from the coast and the hill regions, having fallen back there must prove very acceptable reinforcements under the circumstances.
We have now tried to lay befor as time and space permit, the state existing here at present. We need
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