September 5, 1908. ]
The report was adopted, but the questions involved will be considered later.
· RAT LITERMINATORS. Correspondence was submitted relative to the reports on experiments conducted in Indian laboratories on Indian field and house rate with Ratin No. 2.
The President in a communication to the Colonial Secretary ?sked permission to circulate the papers to the Sanitary Board. So far, he added, "common sense poison" had proved the best in Hongkong. The Indian Government might be asked what poison they had found most efficacious, Ratin was evidently of little use, and, so far, plague had not reduced the rat population to say appreciable extent.
an
The PRINCIPAL CIVIL MEDICAL OFFICER or HEALTH forwarded the results of examination carried out by the Government Bacteriologist on Ratin No. 2, a rat exter- minator. He suggested that the results war. ranted an extensive trial and he recommended that the Crown Agents be asked to quote the price per 100 large tins (15 shilling size) as the Medical Officer of Health desired to try this exterminator on a large sole next winter.
DR. HEANLEY, in his report, stated that Ratin No 2 was eaten greedily by house rats and it caused death in more than 90 per cent within a few days.
Mr. Ho PEE minated-This is very interest ing and should be discussed. I fail to see any reason for asking the Colonial Secretary's per. mission to circulate these papers to the mem- bers of the Board, co sidering the Government sent them to the Board.
Mr. LAU CHU P K-I suppose this poison will also kill cats which people are now advised to keep. In Chinese houses it is not safe to
save poison all over the place.
The REGISTRAR-GENERAL-Will ohildren ?
CHINA OVERLAND TRADE REPORT.
Week ended 15th August: British and foreign community 39-0
12.3
Whole Colony
30 9
22.2
British and foreign community 237
Week ended 22nd August; Whole Colony
129-5
28.7 28.0
SUPREME COURT.
Friday, August 28th.
IN ADMIRALTY JURISDICTION.
BEFORE SIE FRANCIS PIGGOTT (CHIEF JUSTICE), WITH COMMANDER K. M. PEN. FOLD, K.N., AND CAPTAIN ROBINSON (NAUTICAL ASSESSORS).
INTERESTING SALVAGE CLAIM, The bearing was conclud-d, of the case in which Chun Tak Loong and Co. sued Messrs. Butterfield and Swire and the China Navigation Co. Ld., their claim being for $10,833 held by defendants as payment for services rendered in connection with the stranding of the 8.8.
"Akashi Maru,
Harston (of Messrs. Ewens and Haraton) Mr. M. W. Slade, instructed by Mr. J. Scott appeared for the plaintiffs, the defendanta being represented by Sir Henry Berkeley, K.C. instrusted by Mr. H. J. Gedge (of Messrs. Johnson, Stokes and Master).
Sir Henry Berkeley, for the defence, referred to su entry in the engineers' log book of fine
weather.. He asked the Court to accept the engineer's explanation of the words, which meant that it was fiue weather for the engine room. Any weather that helped the engines was fine weather for the engineers, and, as one of the deck officers said, the engineer it kill would probably have made a very different entry if he had been going head
to the wind. Apart from Was
that there were fasts before tue Court which showed that the en- gineer could not have meant fine weather in the sense that there was no risk in a boat going between the "Yochow" and the Akashi Maru." There was the evidence of the officers of the boats as to the weather, especially when they were alongside the "Akashi Maru," The en- try was a piece of evidence that could not be used to in any way minimise the evidence placed before the Court which entitled them to
The PRESIDENT-The communication addressed to the Head of the Sanitary Board and not to the Secretary, who was the official to whom those papers. should be addressed.
Mr. HOOPER-On that point I may say it is advisable that we should know exactly our position. I am under the impression that the Governor's idea was that papers sent down to be laid on the table, whether addressed to the Head of the Sanitary Department or the Secretary of the Board, are for discussion.
+1
A whispered consultation between the Pre-Bay that the services rendered were courageous, sident and Mr. Hooper followed.
being carried out under circumstances of great peril.
Mr. HOOPB8-If you make that communica tion officially I would ask that the matter stand over until the next meeting. I would like to know if Sir Frederick Lugard confirmed that arrangement. I am not alluding to C. 8.0. minutes sent down for your information, but 1-am speaking of communications directly addressed by His Excellency or the Colonial Secretary to the Head of the Department to be laid on the table, or are pertinent to any question we are discussing. We should have access to such papers. I think it bad better stand over.
The PRESIDENT-Will you move a resolution? Mr. HOOPER-I would rather you accepted
it without resolution.
The PRESIDENT-Will you give notice? Mr. HOOPER-It isn't necessary.
Mr. HOOPER-After referring to a document handed him by the President said he did not mean C.8.0.'s but matters which had been considered by the Board.
The PRESIDENT -It is better to make a resolution than make a speech.
Mr. HOOFER-I have discussed the question with the Governor. I think it had better stand over until next time.
The PRESIDENT-Will you bring up & resolution P
Mr. HOOPER-Yes. The REG.STRAR-GENERAL made a reference to the poison.
The PRISIDENT The general points will
come up for discussion later.
MORTALITY STATISTICS, The death rate in the Colony was :—
Week ended 8th August: British and foreign community 81-6 Whole Colony
DI
**.86'4
Correspond- ing week last year.
24.6 .20.5
His Lordship referred to part of the evidence which mentioned blue sky.
What your
Sir Henry Berkeley-As to the blueness of the sky, that is a matter which has nothing whatever to do with the case. Lordship will probably desire to consider with the aid of the assessors is not the colour of the sky or the amount of cloud thereon, but what was the state of the sea existing between the two
vessels, and especially alongside the "Akashi." it was there, of course, Counsel continued, that the living peril to life existed. What the crews of the boats did was to risk their own lives
Mr. Blade To ask piratical.
167
half is absoluitály
Sir Henry Berkeley-I am instructed to my this: that shipowners sintend that no judge of an admiralty court and nauticsi assessors should say that any shipowner is seking too much after risking what the "Yochow" did. She risked $350,000, and I contend that $14,000 in not too much. Proceeding, Sir Henry said they were claiming an award which should be given to courageous mòn for what he would describe as bravery in resouing life. He had before him a letter from Messrs. Butterfield and Swire addressed to Mr. Aríms of the Osaka Shosen Kaisha in which they spoke of the courageous conduct of their crew, and which, in reply, the Osaka Shosen Kalshs designated as gallant,
"
His Lordship referred to the case of the Aragonia" in the Hongkong Law Reports, where two men went out in boats with hawsers. danger in that, and taking the case as reported, Sir Henry Berkeley-There is no particular there is no parallel between that case and the case of the Tochow."
His Lordship-I bere must have been some,
the officers and crew always get a portion whet- danger, because the officers got special award,
Sir Hoary Berkeley-In any case of towage her they risk their lives or not. The Aragonik” is a valuable case when it comes to be applied to cases that are similar, bat here the two cases
44
are quite apart. Continuing, Counsel - sid he ouuld do no more than put before the Court the facts which he considered en- titled them to more than an ordinary award, But shipowners would like to know where they were If the Court gave such an amount as to probably not assist ships in distress. make it not worth their while, they would
His Lordship said the circumstances in the "Aragonia'
Q18) were somewhat skin to the present, and the judgment given in that case proved thoroughly satisfactory. The astonáő e then was the agent of one of the large shipping ompanies here, so that shippers knew where they were.
Was
recone
"
Sir Henry Berkeley ssid be orald not see sky parallel after reading it, and he thought there no guiding light in it for ~ Mónis, Butterfield and Swire. The “Aragonia's case was 006 of ordinary towage, but this was
heroio
of people and peller broken, and could rig up jary masts, but treasure. The "Aragonía” only 'hid her pro-
one of the signals put up by the “ Akashf” "I am sinking." And so she was; and it was as much as her crew could do to get off with their lives. The amount they asked was 'för been paid into a trust account at the Hongkong owners, master and crew. A sum of $4,000 had
and Shanghai Baak, snd they were awaiting the decision of this case to know how it should be disposed of.
Mr. Blade thought that even the enthurisem saying that this rescue, the heroism of whịch of his learned fri nd could hardly rouse him into would compare with many in stormy plades round the British const-rescues in really high
bad
OD &
Were
weather, not in a fresh monsoon' and
There fine day.
timer - whén the conditions tended to render the tak to lives of salvors really serious. 'He^ld not deny that there was risk in this dabo. Of course, there was risk, and if the boat bad thers undoubtedly would have been serious sank alongside the “Akashi - Mára " danger to the lives of the grow, and wank of skill might have easily caused loss of life. “Hə did not think this feat could be magnified into the heights of · herþíam displayed on 'many, many occasione under cireamstasoss sơ which these were absolutely child's play. According regard to salvage awards, the half was given to the attitude of the Court of Admiralty with
for the sake of saving life, and their efforts, not in ropy sess; and in really serious and were successful. If the Court came to the conclusion that in fact life was saved owing to the efforts of those of the "Yochow," then he would submit on the authority of the "Pacific" that, notwithstanding the fact that the vessel from which the life was saved was a foreigner- a Japanese vessel, but inasmuch as part of the salving and life saving was effjoted in British waters, that the saving of life could be and must be taken into account in augmenting the amount to be allowed. At the moment of the peril the probabilities were that they would be ready to give the whole treasure to be saved, but the Court never allowed agree- ments to be imposed on people in stress. The amount of one half could not be in any sease said to be unreasonable to ask in the
circumstances. They were entirely on the knees of the gods in this matter and asked for a general exercise of discretion. Something ought to be added to the salvage award from the fact that they saved 136 lives. The value of the "Yochow and the lighters she was towing was $350,0:0, and to be told, after diverging from his course and placing his ship and the lives of the crew in danger, that be was a robber and a pirate, was unfair to the captain.
19
&6
a maximum only in most extraordinary ship would be clearly of opinion that the sulf circumst inoes, and Counsel thought his Eard- ought not to be awarded in this esse, The Court adjourned sine dio.
1
One curious effect of the lawless state of the neighbourhood of Kongmoon last year, remarks Mr. G. Moule, the Acting Commisioïse of Customs, was #large sporense in the import of iron, owing, it is said, to the unmound deaden for “window barn. 19