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April 27, 1908.]
This man spent his time thinking, and de- veloping his intellect. He went to the capitalist and pointed out that the citizen who had not paid his rent ought not to be allowed to occupy the hut. It wasn't fair to those who did pay, and these latter might be relied upou to see fairplay if the capitalist insisted on his rightful claims, Thus arose the first lawyer, and the honest tenants who evicted the non-payer and installed the lawyer were the first police. men. They got a rebate for their services. The lawyer by using his brains more and more assisted evolution, and in the course af generations the British nation ultimately arrived at the beautifully complex and in all ways just system in which its con- stituents now very properly rejoice. Thus it is apparent that the socialists of to-day are mere reactionaries, who desire to start the inevitable process all over again.
COST OF CIVIL SERVICE IN CHINA.
(Daily Press, April 25th,) The Civil Service Estimates (Foreign and Colonial) show that the sum of £573,103 will be required in the year ending March 31st 1909 to defray the expeuses in connec- tion with His Britannic Majesty's embassies
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CHINA OVERLAND TRADE REPORT:
the year are to cost £12,000, and those sent by the Diplomatic and Consular Officers £27,000.
Weihai gets
a grant-in-aid of £10,000. The Eastern Extension Telegraph Co. gets a subsidy of £4,000 for working the cable between Cheloo and Weihai.
SUPREME COURT.
Thursday, 23rd April.
IN CRIMINAL JURISDICTION.
BEFORE THE CHIEF JUSTICE
(SIR F. PIGGOTT).
THE FLORIDA WATER CASE. Lenug Chak bau, Fung Tak Tim, and I an Shan Ting, of the Kwong Sang shop, 45 Des Voeux Road Ce tral were charged with 8 breach of the Trade Marks Ordiüanos by applying to 1632 bottles of liquid square lab-ls with design closely resembling the trade mark registered by the compleinauts, Messrs. Lanman and Kemp, of New York, who are ma 1. facturers of Florida water. The second count charged them with exposing goods so marked and the third count charged them with passing off those gods as those of Lanman and Kemp.
The Attorney General said he had been asked that the defendauts should not go into the dock.
They were only charged with a misdemeanour.
His Lordship conssuted.
of Messrs. Deicon
Mr. W. Slade, instructed by Mr. Deacon, Lonker and Dacon, conducted the prosecution, and Sir Hчury Berkeley, instructed by Mr. G. K. Holmes, appeared for the defendants, who pleaded not
guilty.
The following jury was empanelled: Messrs. G. Hunter, E. J. Raymoud, J. Lemm, and R. W. C. Logan, F. G. Chunyat, H. J. Stevens,
Pestouj e.
missions, and consular establishments. Of this amount China takes £67,879, and Japan, Coren, and Siam, £38,041. The figures are somewhat higher than in the previous year. The Minister at Peking takes £4,500 a year, his Councillor £800, his Chinese Secretary and the Commercia, Attaché £1000 each, and the Chaplain! £200. The Ambassador at Tokyo takes £5000 a year, and with exception of the Mr. Slade, id opening, said that the cas Commercial Attaché, £900, the other which the prosecution hoped to make out salaries are as at Peking. There is no was that the three defendants who traded chaplain at Tokyo. The surgeon at Peking under the name of he Kwong Sang in draws £800,iucluding £100 for knowledge Des Voeux Road had deliberately tried to of Chinese. At Shanghai the Judge tokens bottles of scent in fraud of Lanman and Kemp, prosecutors. The freud alleged, £1,800 a year, the Cousul-General and
against them was first of all in selling battles Shipping Registrar £1,500, the Assistant
of scent bearing a trade m rk which an closely Judge £1,200, not including £100 from the resembled the trade mark of the prosecutors Colonial Office as Judge at Weihai, the that it was calculated to deceive unwary pur Vice-Consul £700, the Crown Advocate obasers into believing that they were buying. £400, the Registrar £505, the Chief Clark the genuine Florida water. The d-fendants £305, and three others £600 amongst they put on a trade mark which closely resem- made scent which they called, Florida water and them. Twenty-six consuls, including three bid that of the prosecutors. They were charg vice-consuls, draw £21,700 a year. The ed with applying labels to those bottles of scent Canton Consul draws the highest amount, and they were farther charged with selling £1,200 the men at Hankow and Tien-those bottles of scent bearing the trade mark Isin coming next with £1,100, the which was calculated to deceive. The second former, however, drawing an additional "personal" allowance of £100. The Foo chow consul is the only other whose salary runs to four figures. Those at Mukde, Chengtu, and Yuuna fu get £900. The three vice-consuls, at Antung, Chun.king, and Tientsin, draw £600 each. The Cuia total for salaries, allowances, and wages is £55,624. The estimates further include items of £5,000 for passage money, £1,900 for rent allowances, and £500 for postages. Incidental expenses, office, boat hire, cooles, ete, claim $11,790, exchanged at 2s 21 to the dollar. Of this amount the Shanghai Consulate uses $1,800 and the Court there $1,000. Coal allowances are made to the amount of $2,158. Medical 'attendance at thie Consulates absorbs £1,730. For the relief of distressed British subjects, £25 is set aside. A dozen consuls in Japan (nine) and Core require £10,100, Kobe, Yokohama, and Seoul drawing the bigger allowances.
The
assistaute and servants increase this estimate to £19,924. Siam (including judges) costs £9,175. In the China vote there is an allowance of £600 for prison expenses, witness. 8,
and deportations. Telegrams sent by the Foreign Office during
charge was known technically as a false trade description as defined by the Merchandise Marks Act or in other wo ds they had endeav ured by the general get up of their bottles to pass them off as containing genuine Florida water manufactured and sold by Lanman and Kemp. The jury could understand how with. out a single uutras word on the labels the get up of the bottles ould be such as to deceive unwary pu chasers into believing that they were
precaring the genuine article Florida water
Lanman and Kemp many years ago, yet for undoubtedly was a name invented by Messrs. purposes of that prosecution the jury might assume that anybody could use that name.
Sir Henry observed that the prosecution claimed at the Magistracy to have the exclusive right to us the Lame.
Mr. Slade replied that they did not, although one of the witnesses did. Proceeding, he dealt with the similarity between the two labels and said that the defendants were trying to benefit from the reputation which the prosecutors had obtained. The get up of the false bottle was calculated to deceive.
Sir Henry-There is no false bottle. Mr. Slade-It is false.
The hief Justice-It is alleged to be false. Mr. Slade maintained that he was justified in oalling it false and we it on to explain that the pros-cutors asked the defendants in December last to desist from using the trade mark in question bat they declined and the prosecutors,
267
who had tried from 1901 to get their trade mark registered, only succeeded in doing so this year, after which they instituted these proceedings and seizure was made of 1632 bottles in possession of the defendants.
and was cross-examined by Sir Henry as to Sergt. Watt gave evidence as to the seizure
whether he was aware that other fema in Hong- kong as well as defendants manufactured Florida water, to which questions he replied that he had no knowledge.
Mr. Lamperski, the Hongkong agent for Mesars, Libman and Kemp, having given evi 'ence, the case for the prosecution closed, and the bearing was adjourned,
Friday, 24th April,
IN CRIMINAL JURISDICTION,
BEFORE THE CHIRF JUSTICE (SIR FRANCIS PIGGOTT),
THE FLORIDA WATER CASE. The case in which the proprietors of the Kwong Sang shop, of 246 Des Voeux Road Central, were charged with an infringement- of the Trade Marks Ordinance by applying a false trade description to bottles of scent, was continued.
that there was no intention to defraud,
Sir Henry Berkeley for the defence ocntended
Mr. lade argued that it had been held that no matter whether a min iutended to defraud or not, if his act was to result in misleading, then he was guilty of fraud.
Sir Henry said he would reserve his remarks on the law till later. Proceeding, be said it must be obvious to the jury what their defence was. They asserted that they had done nothing which justifi-d oriminal proceedings by those pero who admitted they were rival traders in Florida water, The prosecutors had instituted those proceedings against them for squeezing pecuniary benefit. Ito uld not have sped the them out of the trade in Hongkong to their
attention of the jury that when Mr. Limperski was in the witness box be saw a colourable imitation in every bottle shown him, except one which turned out to be Colgate's of New York.
Sir Henry then produced one of the bottles of Lanman and Kemp's manufacture and one of the defendants' and ridiculed any suggestion of similarity on the labels. It was all nonsense, and that was the sort of thing for which they were to be sent to prison,
Mr. Slade Certainly,
bir Henry-Well, I hope not. Proceeding, he said their defence was that they had a right to sell Florida water in bottles as they had put them up because the prosecutors had no exclusive asserted that there was nothing in the appearance right to use the words Florida water and be
of the battle oiloalated to deceive any one outside a lunatio asylum. No ordinary man who wished to buy a bottle of the fountain brand of Lanman and Kemp's Florida water could be put off with two girls. It was too ridiculous. They had a right to complain most bitterly of having oriminal proceedings brought against them for doing what they had done for years and which others were doing and intended todo, not withstanding that prosecution until there was an injunction restraining them and not only the juction of that court bat that of the Privy Council. There were large pecuniary
interests involved. It was not a question of infringing any ordinance for the defence of the public. The prosecutors had not proved hay shown that a person who asked for Lanman that a single man had been deceived nor had
and Kemp's had got Kwong Sang's instead, It was a prostitution of the criminal law to bring them there charged with a criminal effence, and he appealed to the jury to protect them and to compel the prosecutors, those rival traders, to come into a civil cart and ask for against the defendants to sell Florida, water ia an injunction and maintain their rights as this Colony. They dare not come into a civil court because they knew there was enough money to take the case to the Privy Council. He ventured to stake his professional `re. putation-
The Chief Justice-That is not allowed.
reputation.
Sir Henry-I won't stake my professional
It is too valuable. This is criminal case and you cannot go to the Privy Council.
The Chief Justice—Oh yes.
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