146
THE HONGKONG WEEKLY PRESS AND I should not be levied in aid of the general re
venue of the colony. His Excellency the Gor: ernor, in his despatch to the Secretary of State of the 18th January last, treating this as an admission that shipping shonld pay all expenses incurred by the colony on its behalf, reminded the Secretary of State that there were other expenses incurred, directly or indirectly, on behalf of shipping besides those for light- houses, the cost of which considerably exceeded the amount proposed to be levied for light dues, and which would justify even a heavier tax. The Secretary of State, in his reply, adopted this view and, while approving of the charge for the current year of 2 cents per ton on general shipping, directed that next year the charge must be reduced to such a rate as will, with other harbour receipts, be sufficient to cover all harbour and light house expenditure, and he called upon the Governor to report at an early date what changes would be requisite to carry out that decision.
[Angust 18, 1897.
During the period from 1st July, 1896, to 1st June, 1897, interim valuations have been made as follows:-
IN THE CITY OF VICTORIA.
314 new tenements, rateable value 41 improved tenements, rate-
able value
Replacing assessments, amount-
ing to
$26,745
21,725
95 assessments cancelled, tenements
pulled down
$119,465
5,020
$124,485
-32,754
Increase in city of Victoria... $91,740.
IN THE REST OF THE COLONY,
53 new tenements, rateable value ...$11,848
6 improved tenements, rateable
value...
Replacing assessments, amount-
ing to
..$1,680
909
65 assessments cancelled, 'tenements
pulled down
three bills of costs delivered to the defend- ants. However, two of these bills of costs have been satisfied and the sole amount in dispute is $84, the balance of the third bill. Some time last year the defendants had some dispute with a man named Bornemann with reference to certain trade marks and they em- ployed the plaintiff firm as their solicitors. Negotiations went on and an agreement was come to by which defendants agreed to pay the plaintiffs $100 as costs. Subsequently plaintiffs sent in a bill for $184, to which the defendants demurred on the ground that the agreement was that the $100 was paid in full settlement of costs. Plaintiffs say that the $100 was taken, as far as they were concerned, only as part pay- ment of costs. The question is, was there a binding agreement that this $100 should be paid in full satisfaction of costs? Au agree ment might be either expressed or implied, but I think there is no doubt there was no expressed agreement between the parties. The sole
His Excellency's first movement was to question, therefore, for me to decide is whether from the conduct of the plaintiffs the defend-refer the question for examination and report ants were justified in believing that the $100 to three officers of the Government. They was paid in full satisfaction. I do not think made, a report which reached such fantastic the defendants were justified in- believing that dimensions that they had to confess that There is not the slightest doubt in my own they were not quite clear whether they under- mind that the plaintiffs 'never intended that the stood, or did not understand, the Secretary $100 should be taken except by way of part of State's directions and wishes. Then His Ex- payment, although I think the defendants cellency appointed the present Commission. really believed that it was in full payment. I had, in my letter of 14th June, to take ex- From a legal point of view, however, they were ception to certain paragraphs in that Commis-in not justified in coming to that conclusion.sion which seemed to me to go far beyond the Therefore judgment will be for the plaintiffs terms of Mr. Chamberlain's despatch, and which, for the full amount with costs.
in my opinion, were incapable of becoming the Judgment was entered accordingly.
'subject of any enquiry at all. The Governor was so good as to yield to my representations, and to remove the objectionable clauses from the Commission. The enquiry then proceeded, but the majority of the members have determined, losing sight ot the Secretary of State's letter and of the true object of the enquiry, to limit i' in such a way that no practical results can be attained. They have resolved that receipts from and expenditure on native and foreign ship ping frequenting the port (taking shipping in 7th July, 1897.
its strictly legal interpretation, which they hold Sir, I have the honour to acknowledge the
would not include boats, cargo-boats, laun- receipt of your telegrams noted in the margin ches, &c., &c., employed in the harbour) congratulating Her Majesty the Queen on the completion of the sixtieth anniversary of Her is the only object of the inquiry, and L., as Í accession to the Throne from yourself and the conceive "Light dues, and all other harbour Executive and Legislative Councils of Hong-receipts" and "all harbour and lighthouse ex- kong, from the inhabitants of the Colony, from penditure" as pointed out in the 5th paragraph of Mr. Chamberlain's despatch. That paragraph the Masonic Brotherhood of Hongkong and
is, in my humble opinion, the sole reason South China, and from the St. Andrew's Society for the appointment of the Commission, and of Hongkong.
defines the substance and limits of the enquiry. In such an enquiry I will gladly take part. In any other I see no utility.
THE QUEEN'S' ACKNOWLEDG- MENTS OF THE HONGKONG TELEGRAMS:
The following despatch from the Secretary of State to the Governor is published in Satur- day's Gazette:-
Downing Street,
The telegrams bare been laid before the Queen, and Her Majesty has been graciously pleased to command me to convey to the senders through you Her cordial thanks for their loyal and sympathetic messages of congratulation.-I have the honour to be, sir, yanr most obedient,
humble Servant,
J. CHAMBERLAIN. Governor Sir W. ROBINSON, Ú.C.M.G., &c.,
&C., &c.
MR. HERBERT SMITH AND THE LIGHT DUES COMMISSION, The following letter has been forwarded to us for publication:
Hongkong, 12th August, 1897.. Sir, I have the honour to state, for the in- formation of His Excellency the Governor; that I have, from the 7th inst., withdrawn from the Commission appointed, under date of the 5th June last, "to enquire generally into the charges levied by the Government on shipping frequenting the waters of the colony and the items of expenditure or other charges on the revenue of the colony incurred by the Govern- ment if the interests of shipping."
My reasons for so withdrawing have been fully stated to the chairman and members of the Commission, and are very fully recorded in the minutes of proceedings, but as the discus- sion was rather prolonged and ranged over a variety of topics, I think it well to record here, as simply and clearly as I can, the motives that have influenced me in declining to take any further part in the enquiry.
May I beg that His Excellency the Governor will forward this letter, which I propose to pub- lish in the local papers, to the Secretary of State at his early convenience, as the explana- tion of my withdrawal from the Commission.- I have the honour to be, sir, your most obedient servant,
HERB. SMITH.
The Hon. J. H. Stewart Lockhart, Colonial
Secretary.
THE ASSESSMENT. Mr. A. Chapman's report on the assessment for 1897-98 is published in the Gazette. We make the following extract:-
By Order of His Excellency the Governor in Council I have made a new valuation of the City of Victoria and the Hill District.
The result of the new valuation is that the rateable value of the City of Victoria is now $3,444,514 as against $3,247,726 last year (1896-97), being an increase in rateable value of $196,788 or 6.05 per cent.
The rateable value of the Hill District has been raised from $107,850 last year (1896-97) to $117,435, being an increase of $9,585 or 8.88 per cent.
The rateable value of the Kowloon Penin- sula has increased $8,130 or 2.55 per cent., on account of new and improved tenements; and, owing to a similar cause, there is a small in- crease of $254 in the rateable value of the Hongkong villages.
The rateable value of the whole colony is now $4,010,502, an increase, as compared with last year's assessment, of $214,757 or 5.61 per
The enquiry originated out of a demand by the shipping interest that light dues on shipping should be limited to the actual cost of the maintenance and upkeep of light houses, and ' cent,
771
$12,619
2,759
Increase in the rest of the colony.. $ 9,860 The total number of tenements affected by interim assessments being 574 and the increase
rateable value $101,600.
i
The number of reported vacant tenements in the city of Victoria inspected under section 35 of the Rating Ordinance is, I am pleased to report, smaller, having averaged about 170 monthly against 250 last year.
DR. AYRES' FAREWELL.
The report of Dr. Ayres, late Colonial Sur- geon, for 1896, is published in Saturday's Gazette. The following is the concluding portion of it:-
This is the last annual report I shall furnish as Ihm retiring on pension. In my twenty- three years' service as the head of the Civil Medical Department I think, it will be allowed, some improvements have been made. When Í joined the service in the colony in 1873 I found my duties, besides general supervision of the department, were medical officer to the look hospital, also to the gaol, which was then also nsed as a lunatic asylum. I was also in charge of the sanitary supervision of the colony with the assistance of two sanitary inspectors who had never been instructed in their duties which they performed in the best way they thought fit. was also meteorological reporter to the Government. I was also expected to attend on all the families of subordinates of the Civil Service drawing under £400 a year. A very sfifficiently complicated set of duties for one man. I was also expected to make up £200 a year of my pay by private practice, this. being- the sum deducted from the pay of my pre- decessors for the privilege of having private practice. The lock hospital was the only decent building belonging to the department. The. Government Civil Hospital was a wretched old bungalow formerly in occupation of a Mission, wholly unfitted for the purpose. The super- intendent and Mr. Bothelo, who was apothecary, Government analyst, steward, storekeeper, and clerk, with Mr. De Souza, apothecary, steward and clerk of the lock hospital. were the only reliable subordinate officers in medical department. The European ward- masters of the hospital knew nothing of their duties and were drunken beachcombers and, as . a rule, changed every few months, being dismissed for drunkenness and neglect of duty, The nurses were ignorant Chinese coolies; one of them, afterwards the Chinese wardmaster, A Lok, was a thorough, good man, had been about 15 years in the service, was a competent- and careful dresser and post mortem assistant. This institution was a wretched building with a wretched nursing staff, no armoury worthy of the name, not even a lancet fit to open a boil. The medical comforts were unwholesome milk and the cheapest brands of wine and spirits which I reported upon to Government and refused to permit the patients to touch. I had a good armoury of my own which I lent to the Hospital till I could get sanction for one from Government.
the