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script from the Empress Dowager, dated Chi- chou, Shansi, 8th September, where the Court happened to be then-Wo can consent to all the demands mentioned in Li Hung-chang's memorials with but one exception-that relating to Tuan and Kang-yi. As the troubles men- tioned were due to many persons, their guilt should be dealt with according to their several degrees; therefore we are bound to make a careful investigation before doing the thing requested."
The N.-C. Daily News learns from Shaughai mandarin sources that Li Hung-chang drew up a memorial to the Empress Dowager on the 13th instant demanding the punishment of Princo Tuan, Kang-yi, and others of the instigators and authors of the Boxor rebellion, and to make the appeal stronger got Viceroys Liu Kung-yi and Chang Chih-tang, and Governor Yuan Shih-kai to join their names to his. Our con- temporary also hears from Wuchang that a day previous to the sending of the above memorial, Chang Chih-tung sont a memorial denouncing General Tung Fahsiang and demanding his punishment.
TIENTSIN NEWS. Gon. Lorne Campbell took over command of the British forces in Tientin on the 12th inst.
The British Head-quarters have been trans- ferred from Ewo to the Taku Tag aud Lighter Co.'s premises, entrance on the Bund.
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THE HONGKONG WEEKLY PRESS AND | Last Sunday night it had prevented him from sleoping for four hours, and the offect of the noise had prejudiced his health generally.
In answer to Mr. Wilkinson the complainant said he had been living in Hongkong altogether for 27 years. His health had always boen good and he had us of late consulted a doctor with respect to insomnia. The distance between his house and the Naval Yard was about 500 yards. He only heard the noise at night becanso of the surroundin quietness. He did not notice it on the ground floor; the sounds annoyed him about the time he went to bed. He said he most certainly slept with open windows, of which there were four facing the harbour. noticed the noise five or six days ago. He sometimes suffered from gont and it disturbed his rest somewhat when it was sove, which was very seldom. He had lost six pounds in weight within the last six days. The oscape of steam and the noise of the hammering, etc.. were re- peated every five or ten seconds at regular in- torvals. He was a medium sleeper and was frequently disturbed, the steamers often wak- ing him with their whistles.
[September 20, 1900,
to admit that section one did not state anything to that effect; but after a very short considera- tion of that section he had no doubt his Worship would come to the conclusion that if it was read by itself without reference to any other part of the Ordinance, then the enactment would be found to be both unjust, absurd, and mischievous. The section said:" of this Ordinance no person whatsoever shall, -"From and uftor the publication between sunset and the hour of six in the fol- lowing morning make, or cause to be made, any noises whatever calculated to disturb, annoy, or interfere with the public tranquility or the giet of the occupier or inhabitant of any dwell- vicinity," etc. The noise might be of any kind, Hoing house within the said town of Victoria or its according to this section. The section said any noise made by any person. Therefore any person who was afflicted with consumption, and who had a hacking cough which was calculated to ceeded against according to this section, but it annoy another person at night, could be pro- would be the height of absurdity for any one to proceed against him. He did not know whe ther Mr. Grote snored or not; if he did it was Mr. A. G. Morris said he lived on the Kon-calculated to annoy another inhabitant of the nedy Road. He had been very much disturbed house, but it would be utterly absurd for Mr. the last four or five days by two steam pile. Grote to be prosecutod for snoring. To show drivers on the Naval Yard reclamation. The
how mischievous it would be to read section one noise prevented him from sleeping. It was a by itself, Mr. Wilkinson observed that supposing sharp escape of steam and the fall of a hammer. those works were completed, and it was necessary On the first night. he thought it was Thursday, for the Admiralty to repair some vessel and he scarcely had any sker in consequence of the work both night and day it would be competent noise. The following nights were just the for a member of any nation which was not parti- same. Up to the pros he had not been able cularly friendly to Great Britain to stop thenight to accustom himself to the noise at all. It made work in such a case. For an explanation of the him feel very sleepy during the daytime. Ordinance they should turn to the preamble In answer to "Mr. Wilkinson, Mr. Morris | which said:"Whereas the inhabitants of said he had lived in Hongkong for over thirty Victoria and its vicinity have hitherto been dis- years, and in his present honsa since Feb-turbed and annoyed during the night time by ruary last Until thes buises began he various loud and unnecessary noises, made by had considered the vicinity of Lennedy Road private watchmen and other persons to such au one of the quietest he had ever been in. He extent as to become a public nuisance," etc. had got used to the perfect quietness, wheu sud- This showed that the intention of the Legisla- denly the obnoxious noise started. He was a ture was to prevent the repetition of these "lond good sleeper hat a light one.
He, of course.
and unnecessary noises." to such an extent as slept with open windows, of which he had three to become a public nuisance."
this to his room. two facing the cast and one the
In case there had been no evidence adduced Col. Henry Clay Cochrane has arrived and north. On the first night he had the northern or suggested by the prosecution that the taken command of the 1st Regt. U. S. Marinos. | window closed, and the others open. The two noises were in any degros unnecessary. As a Mr. Jeanrenaud has been appointed Sanitary eastern windows were practically right over the matter of fact he was in a position to prove Inspector to the Provisional Government, Tion-place where the noise came in. The follow-that they were absolutely necessary, and ho tsin City.
ing nights, as an experiment, he closed the oas- submitted that it was impossible to convict his tern window and opens the other, thinking to
client under Ordinance 17 of 1844. Section THE NAVAL YARD EXTENSION. and did not derive much beusit by the experi- the Legislature was. It provided that employees, deaden the sound. But he was still disturbed, two also showed clearly what the intention of
such as watchmen, should be made liable for these noises. In this case, according to section two, the defendant could not possibly be held responsible, because he did not come under the proceeding with his argument when his Wor- description of employee. Mr. Wilkinson was ship suggested that he should call his witnesses.
The British Military authorities at Tien tsin have issued the following circular:-" All houses, godowns and property in and around Tientsin owned by British subjects, must not be sold or let without first applying to the general officer commanding British troops, Tientsin."
Major Bond, who has charge of the British Commissariat Department, is back in Tientsin for a short time. Under his ablo administra- tion the Department has become so efficient in all details that it has provoked flattering comment from even Japan, who recognises that the manifold nature of our army requirements involve far greater responsibilities and organi- zation than her own limited deviands.
ME. MAX GROTE OBJECTS TO THE NOISE.
At the Magistracy on the 24th inst. Mr. J. L. Houston, as representing the firm of con- tractors engaged in the extension of the Naval Yard, appeared in answer to two summonses issued at the instance of Mr. Max Grote, bill broker. The first summons alleged that on the 21st of September and various other dates prior to it the defendant unlawfully did make or cause to be made a noise or noises calculated to distarb, annoy, or interfere with the public tranquility and the quiet of the occupiers and inhabitants of dwelling houses within the town of Victoria and its vicinity. The second summons alleged that the defendant on the 21st September and various other dates prior to that did in, near and adjoining a public road or thoroughfare. namely H.M. Naval Yard, wantonly and un- necessarily make a noise by driving piles calculated to annoy the inhabitants in the vicinity. Mr. Looker appeared for the com- plainant and Mr. Wilkinson for the defence.
Some argument took place as to an applica- tion by Mr. Wilkinson for an adjournment until Wednesday afternoon, Mr. Looker oppos- ing on the ground that the application should have been made in the morning, so that he could have informed his witnesses, who wore ready to give evidence. Under the circumstances the application was disallowed.
The complainant said he was a broker in Hongkong. On the night of the 21st inst. he was disturbed by a noise which came from the Naval Yard Extension. It was occasioned by a sharp escape of steam, the fall of a hammer, the noise of the pile-driver and of the iron hit- ting the piles. It disturbed him from the time he got home in an evening to when he left for business in the morning, and had prevented him from sleeping ever since it had started.
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ment. He now had the eastern windows open. His sleep had only very slightly improved since the first night.
Mr. Thos. Arnold, secretary to the Hongkong, lived at No. 4, Lower Allany. His rest had Canton and Macao Steaiabcat Co., said he been disturbed during the last five nights by some hammering at the Naval Reclamation night he scarcely slept at all. The second he occasioned by steam pile driving. The first
got up at two o'clock and closed his windows kept awake by it. This lessened the sound a little but he was still
three of his windows face the Public Gardens, In reply to Mr. Wilkinson, Mr. Arnold said and two face the Garden Road. He kept them
open
the first night but he closed them on the second. in the hot weather. They were open on Then the heat prevented him from sleeping, although he could not hear the noise so much since then he has had only an hour or two in a as before. The first night he had no sleep;
night.
Mr. Looker said that this was the case for the prosecution.
following Wednesday afternoon.
The further hearing was adjourned until the
The hearing was rosumed on the 26th inst. Mr. Wilkinson submitted that there had been no evidence adduced on behalf of the prosecu- tion sufficient to enable his worship to convict his client of either offence.
the second case.
His Worship: We have nothing to do with
taken out under Ordinance 17 of 1844. He sub
Mr. Wilkinson said that the summons was mitted that under that Ordinance it was absolutely necessary for the prosecution to prove that the noise complained of was unnecessarily and unreasonably made. He was quite prepared
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The defendant, on being called, said he was a extension. | partner in the firm engaged on the Naval Yard They were under a contract with the Admiralty to construct certain works defined in a contract and specification, and in carrying out those works he took directions from the
Mr. Ordish. They were now driving piles to superintendent civil engineer here. That was form the foundation of the graving dock, the ing night and day under the direction of Mr. principal part of the scheme. They were work- Ordish. It was absolutely necessary in order to complete the work within a reasonable time to work at night.
In reply to Mr. Looker, the defendant said the site of the work was a piece of fore- shore partly reclaimed and the ground was very hard.
The pile-driving was being done at night by his direction. He thought they could do the pile-driving without the escape of steam. The point had never been called atten- tion to before, but they were experimenting now, and he thought they would be able to avoid the noise made by the escape of steam. They had not made any experiments with the view of lessening the noise made by the hammer. He did not think it would be possible to reduce the noise made by the hammer.
His Worship suggested that as an attempt should be adjourned to see whether the attempt was being made to reduce the noise the case
was successful or not,
this, and the case was adjourned until Wednesday Mr. Looker said his client was agreeable tɔ next,