ment in chambers whether they could allow special damages or not.
Mr. Alabaster asked for a stay of execution. The Chief Justice thought the best plan would be to allow the matter to stand over until
the question of special damages had been settled, and then make such application as might be considered necessary.
MASTER AND SERVANT.
AN IMPORTANT' DECISION.
THE HONGKONG WEEKLY PRESS AND THE AMERICAN TARIFF AND
THE CHINA TRADE.
Wednesday's mail from America brought for the Consulate General an official copy of the new tariff. The trade with China seems to be but little affected by the new law.
ad
The famous and long standing ten-cent controversy in the matting trade is defi nitely settled. Formerly matting of a value not exceeding 10 cents (gold) per square yard paid a duty of 3 cents per yard, and matting of a greater value than 10 cents a yard paid At the Magistracy on Wednesday Mr. F. A duty of 7 cents plus 25 per cent.
valorem. Owing to fluctuations in ex- Hazeland delivered his reserved decision in the case in which Nur Din, an Indian tailor from change, disputes over the proper rate of duty Murray Barracks, summoned Gholan Uber, for what is known in the trade as 116 warp master tailor of the 88th Co., R.GA, formatting were frequent. Under the new law there absenting himself from complainant's service at is a uniform rate of 3 cents on straw matting
imported from China, Japan and India. the end of July this year.
as
Mr. F. C. Barlow (of Messrs. Goldring, the trade in this part of the world is under the Apparently the only other change bearing upon Barlow and Morrell) appeared for the com-
heading of silk, The duty is reduced from plainant, and Mr. Reader Harris (of Messrs. 40cts to 35cts on silk partially manufactured Wilkinson and Grist) represented the defendant.
On the first point as to whether the defen- from cocoons or waste silk and not further dant was entitled to avoid his contract, his advanced or manufactured than carded or com- bed silk. Kaw silk in skeins reeled from the Worship said that there was no direct case to whether a servant was entitled to avoid his coccoon but not wound, doubled or twisted in contract on non-payment of wages. The rule any way is free, as before; so also are silk of law laid down in the Mersey Steel and cocoons and waste silk. Other articles on the Iron Co. and Naylor, Benson and Co. was in free list are:-coffee and tea, joss sticks, his opinion applicable. Lord Justice Black- aniseed and aniseed oil, soya bean oil, nut oil, cassia and cassia oil, and ginger root when un- burn in that case stated as follows:-
ground or not preserved or candied. No change rule of law as I always understood it is a con- has been made in the tariff under the following tract in which there are two parties, each side having to do something. If you see that the heads:-Camphor, earthenware, rice, bristles, firecrackers, fans (including common palm leaf
“The
the
or. are, or
[September 18, 1909. application of the minimum tariff thereupon may, in accordance with the facts as found by the President, extend to the whole of any fore- ign country, or may be confined to or exclude from its effect and dependency, colony, or other political subdivision having authority to adopt and enforce tariff legislation, or to impose restrictions or regulations, or to grant concessions upon
exportation which of articles importation may be, imported into the United States. Whenever the President shall be satisfied that the conditions which led to the issuance of the proclamation hereinbefore authorized no longer exist, he shall issue a proclamation to this effect, and ninety days thereafter the provisions of the maximum tariff shall be applied to the importa tion of articles from such country. Whenever the provisions of the maximum tariff of the United States shall be applicable to articles imported from any foreign country they shall be applic- imported directly from the country of produc able to the products of such country, whether tion or otherwise. To secure information to assist the President in the discharge of the duties imposed upon him by this section, and the officers of the Government in the adminis- tration of the customs laws, the President is hereby authorized to employ such persons as may be required.
CHINA AND JAPAN.
THE MANCHURIAN AGREEMENT.
The following is a summary of the Agree- ment signed at Peking on Sept. 1, regarding
1. Chientao-Tumen River, and in the east of Moshan, Shihyishui shall be the boundary lines between China and Korea. China agrees to open Lungtsingtaun, Chuitzuchieh, Toutaokou and Faitsackon, in Chientao, for foreign trade, and recognizes the right of Koreans to reside in a limited district there.
failure to perform one part of it goes undecorated), and human hair (not manufac-Manchurian controversies :--- to the foundation of the whole, it is good defence to say, 'I am not going on to perform my part of it when that which is the root of the whole, and substantial consideration for my performance, is defeated by mis- His Worship was therefore of opinion that the defendant was entitled to avoid his contract of service. As to whether the complainant told the defendant he could go, his Worship thought it was not necessary for him to decide that point. He thought it highly
conduct'".
tured), Tin ore and cassiterite, black oxide of tin and tin in bars, pigs or granulated (in which there is a small export trade to America from Hongkong), is admitted free as before with the proviso that as soon as the mines of the United tates produce one thousand tons of black oxide of tin bar block or pig tin per year there will be a duty of 4 ots. (gold) per lb on each item under this heading.
An important clause in the Act is the
China consents to Japan's establishing Con- sulates and their branch offices in the above named ports.
Koreans residing in the said district shall be placed under the Chinese jurisdiction, The Japanese Consul or his deputy having the right of sitting at the Court as he may please. The Chinese Government shall, in future date, extend the Kirin-Changchun Railway to Hoinin, where it will be connected with the Korean Railway. The details thereof shall be arranged between the two countries following the precedent of the agreement regarding the Kirin- Changchun Railway.
2 Fakumen Railway.-China agrees not to
of Japan.
3 Tashichino Railway-The Tashichiao Rail- way is recognized by China as a branch line of the South Manchurian Railway. China agrees to the extension of its terminus to Yinkow.
improbable that the complainant would following:
Sec. 2. That from and after the thirty-first have told the defendant to go. Regarding
he day of March, nineteen hundred and ten, except the question of deduction of wages, thought that there ought to be a deduction as otherwise specially provided for in this made for the time that the defendant was away. section, there shall be levied, collected, and paid He could not agree with the view put forward on all articles when imported from any foreign by Mr. Harris that there must be either pay-country into the United States, or into any of ment or dismissal. He thought the correct its possessions (except the Philippine Islands view to take on this point was that the defen- and the islands of Guam and Tutuila), the rates dant, having been taken back, there was an of duty prescribed by the schedules and implied consent to this deduction. Regarding paragraphs of the dutiable list of section one of the point in which the complainant accused the this Act, and in addition thoreto twenty build the Fakumen Railway without the consent defendant of stealing money, the Magistrate five per centum ad valorem ; which rates shall said the complainant had failed to prove this constitute the maximum tariff of the United part of the case. It was highly improbable that States: Provided, That whenever, after the the defendant would have taken it, having thirty-first day of March nineteen hundred and ten, and so long thereafter as the President regard to the large sum due to him. His Wor shall be satisfied, in view of the character of the ship found as follows:
concessions granted by the minimum tariff of the United States, that the government of any foreign country imposes no terms or restrictions, either in the way of tariff rates of provi- sions, trade or other regulations, charges, exactions, or in any other manner, directly or indirectly, upon the importation into or the sale in such foreign country of any agricultural, manufactured, or other product of the United One of the largest fines ever imposed for viola-States, which unduly discriminat against the tion of the opium law was given a few days ago in Cebu by Judge Parades. The case against a Chinaman Look Chau, charged with having opium in his possession and with having sold part of the same. Under the first charge a fine of P10,000 and five years in jail was given and he was fined P2,000 and sentenced to two years in jail on the second case. Look Chau has appealed both cases.
(a) The charge against the defendant for absenting himself is dismissed.
(b) I order the complainant to pay rupees 144 to the defendant.
SMUGGLING OPIUM INTO THE PHILIPPINES
was
United States or the products thereof, and that such foreign country pays no export bounty or imposes no export duty or prohibition upon the exportation of any article to the United States which unduly discriminate against the United or the products thereof, and that States such foreign country accords to the agri- other products cultural, manufactured, or of the United States treatment which and equivalent, there-upon to this and thereafter, upon proclamation effect by the President of the United States, all articles when imported into the United States, or any of its possession (except the Philippine Islands and the islands of Guam and Tutuila), from such foreign country shall except as otherwise herein provided, be admitted under the terms of the minimum tariff of the United Snipe are reported to be now more plentiful states as prescribed by Section one of this Act. around Shanghai than they have been; they are The proclamation issued by the President just beginning to return to their former under the authority hereby conferred and the Lavourite haunts.
The opium in question was smuggled into is reciprocal Cebu on the steamer Errol from Hongkong via Manila. The Chinaman succeeded in eluding the authorities in anila, but was caught in Cebu on August 18th with 96 cans of the drug in his possession, When caught he was trying to dispose of the opium to a Filipino.
4. Peking-Mukden Railway-As to the extension of the Peking-Mukden Railway into the native City of Mukden, it shall be settled after negotiation between the officials and ex- perts of the two countries.
5. Fushun and Yentai Mines.—China concedes to Japan the right of working the Fushun and Yentai coal mines. Japan, on the other hand, shall respect hina's sovereignty and pay a royalty. China consents to impose a minimum export duty for the output of coal.
1
6. Other Mines.-As regards the mines along the Railway, the matter shall be arranged in accordance with the principle arrived at pre- viously between the Viceroy and the Consul- General at Mukden.
FIRST FREE SUGAR FROM THE PHILIPPINES.
A
What is destined to be the first shipment of Philippine sugar to leave the Philippine Islands for free entry into the United States left Iloilo on September 5 on the steamship Lismore. cargo of 5,000 tons of sugar was the extent of the first shipment, and the Lismore sails from Iloilo to New York with it. It is reported on the Iloilo sugar exchange that two other foreign vessels will arrive there next week to take the other shipments to New York,