October 5, 1993.]
PAKHOI.
[FROM OUR CORRESPONDENT.]
Pakhoi, Sept. 23rd.
DEATH OF MARSHAL FUNG.
Telegraphic advices have been received here announcing the death of Fung Kungpao or Marshal Fung, which took place at Nanning, on the 17th or 18th instant. The deceased, who was 86 years of age, had been ailing for some time, and the present disturbed state of Kwangsi must have been preying on his mind to
accelerate his death.
AFFAIRS IN YAMCHOW.
The exodus of women, children and others from Yamchow continues. It is worthy of note in this connection that while some merchants are ordering back the goods they had forwarded to Yamchow some time ago for fear of the rebels, others are sending their goods thither as if the country was in a peaceful condition as of yore.
PEKING.
Peking, 16th September. The recent propositions from Russia con- cerning the evacuation of [Manchuria are no longer secret," but seem to be known pretty generally throughout the city. According to former agreement Russia should have cleared out of Manchuria at least eight months ago, and now she proposes to carry out that agree ment only by the granting of new conditions on the part of China. Russia proposes to control the quarantine regulations for New- chwang and other points. This puts a great power in her hands and rules can be made which will greatly hamper trade and the rights of other nationalities. Already Russia is rul- ing with a high hand in Newchwang, and many Chinese are being punished for not observing all the quarantine regulations. All will agree that Russia can do this much better than the Chinese can, but it should be done in a way that does not interfere with equal rights for other nations. Russia demands the right to place troops all up and down the Sungari
river. If that is allowed she will withdraw her troops in a year from Kirin and Tsitsihar. But when we see the windings and tremendous length of the Suagari river we can easily see that having control of that river gives Russia a practical control of Manchuria. The river reaches down to the headwaters of the Yalu river,
and Russia would have a line of troops all the way from the coast to her own possessions. This would give her practically the control of Manchuria, The marvel is the readiness of certain of the highest officials in Peking to give credence to these proposals. The proposition is so distinctly in Russia's favour that it would seem that every loyal Chinese would oppose it with tooth and nail. Telegrams are pouring in to the Waiwupu
from Chinese students in various countries arging their country to stand firm. It is needless to say that these telegrams are mostly consigned to the fire by order of the Viceroy bat in any other country on the earth they would be held up to public approval as signs that patriotism is not all dead among the Chinese. Prince Ching is distinctly pro bussian in his proclivities, and as Francs brings her assistance to bear ou a decision favour- able to Russia, we may soon see that Russia's plans have been carried out, as they usually are, when most nations look supinely on.
The state of things in Peking is about as bad as it could be. It is hard to secure justice in the police courts and the common man has a hard time if he has to enter the yamêas. Men are taken to the Kung So's on insignificant charges and held till they love all hope and spirit. After so much talk of reconstraction in the courts of Peking and the hopes e.tertained on the appointment of Prince Su, the outcome is most humiliating. Without doubt the Prince is hampered in his efforts to clarify city life and cannot bring to pass all that he desires. It seems to be the general opi ion that what reaches him personally will be sure of an honest Rettlement.-N.-C Daily News.
The Supao prisoners are still in gaol at Shanghai, and there is appareatly no prospect of a satis:actory conclusion of the case.
CHINA OVERLAND TRADE REPORT.
NORTHERN NOTES.
The following items are from the P. & T. mes of the 17thult. :---
A shrine inside the City near the Chen Men which was associated with the Boxer trouble, and which Chen Pi ordered to be destroyed, is Boxer leader. The incident is regarded with now being restored, the caretaker being an ex-
some anxiety in certain Chinese circles.
Mrs. Archibald Little, whose Life of Li Hung- chang is to appear in England this autumn, has been busying herself whilst in the north of China with preparing a guide to Peking and the neighbourhood. This will be a boon to travellers, and supply a long-felt want.
We understand, on very good authority, that Colonel Browne, R.E., who was in China as Director of Railways during the military ocou. pation, was offered the position now held by Colonel T. R. Wynne in the Chinese Engineer- ing and Mining Co., but for some reason the matter fell through. Colonel Wynne has been asked to stay on till March, 1904.
Mr. J. Keraton has just arrived for the Company as Inspector of Coal Mines. Mr. L. Boulanger has also come out as engineer for Linsi, in place of Mr. von der Taelon, who goes confirmation, but we imagine, from the source home. The above news we received too late for derived, it is absolutely correct.
be opened in Tientsin during the coming A new American Lodge of Freemasons will month, under the name of Pai-ho (North River) Lodge, a dispensation for same having been received from the Grand Lodge of Massa- chusetts, U.S.A., which also appoints Mr. Lyle G. Emery first W. M; Mr. Charles F. Gammon first S. W., and Mr. Lewis Erzel first J. W. The list of charter members includes Tientsin, among them that of Minister Conger. the names of Americans in Peking, as well as
Pei-ho Lodge will begin its work as soon as possible. A second American Lodge has been opened in Shanghai under the name of Orient. Pei-ho Lodge dates its existence one day previous to Orient Lodge, and is, therefore, the second American Lodge to be opened in China. The two additional lodges will warrant the opening of a District Grand Lodge in Shanghai.
There are persons who still maintain that the order for Shen Ke-wei to be beaten to death was not given by the Empress Dowager but by some official in her name. We may point out that that beating to death is a punishment practically we have made careful enquiry and ascertain
unknown in Chinese official and judicial circles, and is therefore not a punishment which would suggest itself. It is, however, a Court punish. ment, and one which the Empress Dowager, as the head of that Court, has meted out for the
eunuchs and offenders at least four or five times in her life, punishment of
other Court and it would not be as alien to her as to the official world, and to lay the responsibility of the deed at her door is not therefore the act of injustice that some would have us believe.
CORRESPONDENCE.
THE C. C. PAVILION SCHEME.
TO THE EDITOR OF THE DAILY PRESS.”
Hongkong, 29th September. SIR,With reference to yesterday's dis- cussion on the question of a new pavilion for general opinion that the sum required to carry the Cricket Ground. it appeared to be the
out the only plan before the members was prohibitive. It seemed to me that the design for the pavilion had all the external appearance of a residence, and that in all probability a design might be obtained which would conform, in external appearance and interual arrangement, picturesque, probably less costly, and equally more closely to other pavilions, be quite as convenient. Your report attributes the sugges tion of a flat-roofed building to Mr. Leight; that gentleman, however, objected to it. bua gave no reasons. I regret this because the ordinary tiled roof as it appears in the design does not seem to have proved an unqualified success in Hongkong. My only object in writing is to pravant a too hasty acceptance
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of any expensive and inappropriate design as the only alternative to repairing the present pavilion. I trust other designs will be obtained by the Committee.-Yours, etc.,
W. B. DIXON,
SUPREME COURT.
Wednesday, 30th September.
IS SUMMARY JURISDICTION.
BEFORE HIS HONOUR A. G. WISH (PUISNE JUDGE),
IMPORTANT ACTION AGAINST THE OPIUM
FARMERS.
Leung Tsau, shroff of the Registry of the Supreme Court, sued the Chin-Wa Hong Company,
Opium Farmers, Bonham Strand, for $1000, for wrongful entry by the defendants' excise officers into the premises of the plaintiff, 173, Queen's Road East, second floor, on 21st August without a warrant, and for wrongfully and improperly searching the premises of the plaintiff, 175, Queen's Road East, and damaging silk clothing.
Mr. M. W. Slade, barrister-at-law (instructed appeared for the plaintiff, and Mr. H. W. by Mr. F. X. D'Almadal'e Castro, solicitor),
Looker, solicitor, was for the defendants.
that his Lordship had no jurisdiction to try the Mr. Looker made the preliminary objection case. The writ was issued for $1,000 damages for wrongful entry by the defendants' excisa officers, and it was directed against the Chin- W& Hong Company, Opium Farmers. By section 49 of Opium Ordinance, 21 of 1891, "If any unsuc- cessful search for opium has been made ander sections 29 or 30 of this Ordinance by the request there is no reason to suppose that any opium in or at the instigation of the Opium Farmer, and
contravention of this Ordinance has been thrown away or otherwise disposed of with a view to avoid detection, the Opium Farmer shall replace or repack any goods which may have been unpacked by reason of such search, and shall make good any damage he may have caused thereby, and the amount of money claimed for any such damage shall be adjudicated upon by a Magistrate and shall be recoverable as a civil debt under the provisions of The Magistrates Ordinance 1890.'" He submitted that the effect of the section of the Ordinance was that for opium must be adjudicated upon by a all claims for damages arising out of a search
magistrate, and this case was not within his Lordship's jurisdiction. Plaintiff's remedy was in the Police Court before the Magistrate. It was true there was nothing before his Lordship to show that an unsuccessful to cases in which the search was unsuccessful, search had been made. The section only referrǝd
and as a matter of fact no opium was found in this case. They admitted that.
But he sub- mitted that plaintiff's claim must be made before a M gistrate.
Mr. Slad said that Section 48 dealt with damage done to goods during search for opium nuder Sections 29 or 30. In this case the search was made not under Sections 29 or 30, but nader Section 31, under a warrant. The remainder of the claim referred to the unlawful entry of No. 173 without any warrant at all and for general misbehaviour.
His Lordship said that was a different thing altogether. Questions of damage to property might be arguable, but he did not think that
was.
Mr. Slade stated that the damage to property was small-some $14.
His
Looker's Lordship overruled Mr. objection
Mr. Slade wont on to state that the plaintiff was the occupier of the second floors of Nos. 173 and 175, Queen's Road East. These two floors communicated by a night of 21st August last four Chinese excise door but were otherwise separated. On the
officers entered the premises, 175, Queen's Road East, and were closely followed by an European constable. The four excise officers, without declaring their office, entered without showing their mandate. They then proceeded to search the premises throughout. They turned three small children, two girls of eight and four respectively, and à son six years, out of bed with