October 16, 1909.1 subsequent semi-annual cuttings give no return and have to be paid for. The clearing of the gradually extended area, therefore, proposed by Dr. Clark, would increase in cost in geome- trical progression at each half-year, and could not, as apparently assumed, be covered by a fixed annual outlay; (2) that, unless clearing is scientifically done, a rank and quick growing crop of herbaceous weeds takes the place of the wood undergrowth, and that it is necessary to encourage a thin growth of the best woody plants on the area so as to shade the whole ground, and thus dis- courage and eventually reduced to a minimum all other growths. The loss of all trees and shrubs which almost invariably follows un- skilled clearing is a misfortune which it takes years to repair. For this reason I recommend that land-owners should not be allowed them- selves to clear Crown land indiscriminately round their lots.
Mr. SHELTON HOOPER minuted-Referring to the Colonial Secretary's letter to the Secretary of the Board of 23rd September, I do not remember the arrangement between Sanitary and Botanical Departments, which was arrived at a year ago, being communicated to the Board, until I proposed the resolution on 31st ultimo.
The REGISTRAR-GENERAL-There seems to be little advantage to the health of the Colony in substituting a rank and quick growing crop of herbaceous weeds for woody undergrowth. I expect the mosquitos find herbaceous weeds give them as good accommodation.
CHINA CVERLAND TRADE REPORT. should be cleared. That had not yet been done. Mr. HOOPER asked if the Medical Officer of Health considered it necessary in the interests of the health of the neighbourhood that brush- wood on Crown land should be cut.
The MEDICAL OFFICER OF HEALTH-Yes, up to a certain area.
The REGISTRAR-GENERAL asked whether the Sanitary Authorities could define what brush- wood was. As regarded the harbourage for mosquitoes he commented on the lack of policy which characterised, the community, because at the top of Albany nullah quite a number of plants had been put down, while across the nullah women were busy removing wild plants. The place to which he referred had been made a beautiful jungle by the plants that had been placed there. He thought the policy pursued was somewhat illogical, as they seemed to cuf down plants merely because they were wild He would like to be supplied with a definition of what brushwood really was.
None was forthcoming.,
SUPREME COURT.
Monday, 11th October.
335
IN SUMMARY JURISDICTION. BEFORE HIS HONOUR MR. H. H. J. GUMPERTZ (PUISNE JUDGE).
A CAPTAIN'S CLAIM.
Captain Wilson Cooper, lately master of the 5.8. Tak Hing, brought an action against the. Sze Yip S. S. Company, for $858.33, being damages for wrongful dismissal from the defend- ants' service, $750 being for three months' wages in lieu of notice and $108.33 for wages due. $250 had been paid into Court.
Mr. Reader Harris, of Messrs Wilkinson and
Grist, appeared for plaintiff, and Mr. P. S. Dixson, from the office of Mr. R. Harding, appeared for the defendants.
Mr. Harris asked for leave to amend the writ and add $141 for wages from 1st September to 19th, as defendants had not paid plaintiff for the time he actually worked. It made the claim
The MEDICAL OFFICER OF HEALTH said it was the jungle to which they objected. Where the plants were sparsely placed and the wind could play around them there was no danger of mosqui$1.000. toes being harboured there, but where trees and plants became thickly matted together affording a harbourage of refuge, it was that beautiful jungle that they wished to cut down.
The matter was laid ou the table.
The DIRECTOR OF PUBLIC WORKS- -One AN ARROGANT CHINESE VISITOR serious objection to the promiscuous cutting of undergrowth on the hill sides is that if the roots are disturbed heavy rains will cause landslips.
The PRESIDENT explained that the letter was written in reply to the resolution which was passed by the Board recommending that under- growth be cut.
Mr. HOOPER said that the Colonial Secretary was under a misapprehension. The letter referring to the arrangement between the Sanitary and the Botanical Departments was not referred to the Board.
The PRESIDENT It was not communicated to the Board.
Mr. HOOPER said that it was only recently that they learned that the Botanical Depart ment worked in conrrection with the Sanitary Department. However, he would like to ask if there was any friction between the two depart- ments, whether the Botanical Department carried out orders from the Sanitary Department as to clearing localities, and whether there had been any complaints from any district, more parti- cularly in the neighbourhood of Babington Path, that undergrowth had not been cleared. He would also like to ask the Medical Officer of Health whether there had been any serious outbreak of malaria in that district and what steps had been taken to remove the brushwood complained of.
whether from it.
could
DIGNITY HAS A FALL.
A Mandarin-speaking Chinese, who said ho was a servant of the Viceroy of Canton, has learned that Hongkong is not a place in which the coolie can be thrashed with impunity. The visitor made his appearance before Mr. F. A. Hazeland at the Magistracy on Monday on charges of disorderly conduct and assaulting the police. It appears that the defendant ap- proached a hawker's stall, and placing two cents thereon said he wanted some pears. He practically removed the hawker's stock of this fruit, and when the stallholder objected struck him with his fists, at the same time giving him to understand that he was a servant of His Excellency the Viceroy. But the hawker thought more of the loss of his fruit than of the dignity of his assailant, and seeing a lukong in the vicinity he called him to his assistance. The visitor scorned the lukong, but as he declined to return the fruit he was taken to the Central Police Station. There, when told by the constable to take a seat, he dealt him a blow on the chest in the presence of the Inspector on duty:
When his Worship had heard the evidence he sentenced the Viceroy's alleged servant to fourteen days' imprisonment on each charge without the option of a fine.
BOYCOTT OF JAPANESE GOODS IN PENANG.
were
}
The Anti Japanese movement assumed serious proportions at Penang on the evening of the 8th inst. The Cantonese shopkeepers covered the walls in Carnarvon St. and in the Ropewalk with articles of Japanese manufacture. All of them
securely nailed. Inflammatory placards were also placed in conspicuous positions. A surging mob of Chinese collected in front of several Japanese houses and throw stones at the buildings. The police arrived at the critical moment and denuded the walls of the articles and placards. The mob then dispersed. A Japanese cinematograph has stopped perform- ing.
It
Mr. Dixson asked for costs up to date. altered the whole case, as the claim was originally for three months, but now they were asking for four months.
His Lordship You have not admitted the three months, have you?
Mr. Dixson-No. I would have a right to have the case adjourned. If I don't
press that I am entitled to costs.
His Lordship-You may have all costs in- cidental to the amendment, but I think there will be nothing.
Mr. Dixson-Very well, my Lord. Mr. Harris then explained that plaintiff was appointed master of the Tak Hing at a salary of $225 a month for the first six months, this to be increased in the second six months to $250. The engagement, which was confirmed by letter, was to run from the 2nd December, but there were no terms limiting the agreement.
His Lordship-What do you say the engage. ment was?
Mr. Harris-I think it is an engagement fo a year. I don't think there is any doubt abour the fact that defendants had power to dismist plaintiff provided they gave a reasonable notice. The custom of the port is three months.
His Lordship thought Mr. Justice Wise had decided the question.
Mr. Harris said there was a case heard before Sir Henry Berkeley in which there was a definite ruling that three months was a reasonable time. It was reported in the Hong- kong Daily Press.
Mr. Harris added that at the end of six months plaintiff's salary was increased to $250 On the 19th September he received a letter from the managing director of the Company dismissing him from that date. Plaintiff thereupon brought the present claim.
Plaintiff then entered the box. He stated that he had been in the defendants' employ as master for nine months, but prior to that he was for several months first mate of the Shun Lee. He had never received any hint from his employers that his services were unsatisfactory, and after he received the letter on the 19th September dismissing him summarily he went and saw the manager and demanded three months' wages in lieu of notice, as he con- sidered he was entitled it.
Cross-examined by Mr. Dixson: Why did the Company dismiss you at a moment's notice P-That I don't know.
The PRESIDENT replied that there was no friction between the two departments as to the cutting of brushwood, but a certain line had been drawn, above which it was agreed that the Botanical Department should remove the brush- wood and below which the Sanitary Depart- ment were to cut the brushwood. Ordinarily the Superintendent of the Botanical Department cut down brushwood where it was pointed out to him that it was necessary,
but he was not anxious to do it without first ascertaining
any revenue
be obtained That perhaps explained any delay that might have taken place, as he made inquiries before he undertook the removal of any brushwood. As regarded Babington Path Mr. Donald seemed to have been annoyed that the work was not done in the shortest possible time, but his application re- ceived due consideration and the matter was still under the consideration of the Government. The Government, however, wished before they The boycott of Japanese is spreading to all removed brushwood from Crown land to see that the townships of Perak and trouble is feared at private owners did their part in that respect. Kampar. The Singapor Free Press says
The MEDICAL OFFICER OF HEALTH stated This seems to be an instance of the way Chinese that information had been received that a everywhere can be induced to take up a Do you really mean to swear that while you case of malaria had occurred in a certain neigh-movement having its origin in the Middle were in charge of the Tak Hing there never bourhood. He inspected that neighbourhood Kingdom. The Chinese of Perak can have no were any accidents P-There were accidents, but and found there was cer ain brushwood which cause of complaint against the Japanese in I was not on deck,
should be removed and certain repairs effected to nullahs. At his suggestion a letter was written to the owners of private property pointing out that brushwood on their land
Perak sufficient to justify these attacks, and the serious risks they run. The instigators of the outrages are the men to get at, as those actually concerned in them,
I
Now there is always a reason why people are dismissed. Can you give me any reason why they should dismiss you ?--None whatever.
Your conduct, I suppose, had always been beyond reproach ? - Yes.
You had never had any accidents with the ship -No, not while I was in charge.
You never had any quarrels with the manager or other people on board ship? Never.
You were on shore, you mean ?-I was asleep. Iputit to you that during the last three months there have been one continual series of accidents on board that ship ?-There has not.