THE

ROBINSON

-PIANO CO.

PRACTICAL

PIANO

EXPERTS.

THE HONGKONG DAILY PRESS, THURSDAY, OCTOBER 12πo, 1905,

DODWELL & CO. «. E. J. MOSS.

THE LEGAL ARGUMENTS.

In the Supreme Court at Shanglui on the 6th inst. the bearing of the case of "Dowell & Co. veranta E. J. Moss was resumed before Mr. Justice de Saumarez

Mr. B. M. Macleod and Mr. H. F. Follock, K.C., appeared for the plaintif company and Mr. Francis Ellis and Mr. Daucsu MoNeil: appeared for the defendant.

show what soms might describe as greater cour. age, but which he would describe as greater rastiness,"

| places, etc., where the firm have branches or where they may have branches or agents." the authorities that he would quote he would Counsel thought on be able to show his His second observation was by way of answer Lordship that they were clearly entitled to those who held that diplomacy and diplomatic to ask for the omission of those particular arrangements might in the Far East be a In other words, this substitute for soldiers. Diplomsay howarer words altogether. covenant as to not carrying on business was successful; international arrangements, however wonki subserve and soverable, and the plaintiffs were now applying admirable; might subserve for his Lordship to restrain the defendant only the cause of pare, but in the long run it was, ax regarded Foochow or Colombo. It was cou

after all upon this might of Britain that the potent for his Lordship to eliminate altogether right of Britain depended (applause)—and it the words following. There were a greut was consistent, both with their dignity as a Mr. MoNeill afdrvised the Court on behalf number of casos boaring upon the question of great country, and with the merits of the of defendant. Ha quoted a judgmont by severance. The plaintiffs sold the agreement territories committed to their charge, to make Lord Herschell in the cost of Nerlenfelds, did not cover a world wide spice; they sail the such provision as might be necesary, in case reported on page 541 of Seport 1894 Appeal area only applied to Foochow and Colombo. of meal, to defend all that it was thoir Cases," and also some observations on page After referring to a number of cases in support houndon duty to defeud. (Applause.) Coming 555 by Lord Ashbourne and proceeded to ade of his cost ation, counsel said he thought he bad to the other problem, te possibility of his Lordship to apply those rulings. to the present ca-4. The test. he said, was whether they quite suficient authority to show that invasion, Mr. Bullour argued on amiliar lines were cutitled to ask turtle sever or as Lo 1 dificulties which would face an in- paragraph 8 in the covenant was reasonably waive in the way suggested from the agresmens vader. Ia did not say that an attempt to raid necowary for the protection of the plaintiffs the words" where the firm have branches and would be a very viss operation on the part of Counsel was sorry to say in this case bat one where they may have branches. They were possible opponent, but it was a possiblo opera- of the cloments which as a rule the Court had entitled to ask the Court to lay down that the tion, and one which they should take very to consider was entirely missing. There was defendant could not complantatiel for to other parposes than to manke sucha measure to obviat, and if tim Volunteers exist entiroir su absens of information for the con- idoration of his Lordship in the statement as

plaintiffs were legally severues-- and the covenant was of such a nature that the raids impossible their existenes would, in his to what was the business of Dodwell, Carlill sovorasco was possibly and the fondant had opinion, be smply jastified. The Volunteers and-do. It was nat mentioned in the agrono sight to object: Coming to the agreement were an integral und necessary part, not merely

in the ease before the Court Counsel said his of home defour, but of Imperial defenc oud there was before his Lordship no

*Whereas the vendors have for some time past

the safety of these shores, but ou the safety of bean carring of the ador's was Moss, India. (Tond applause)

on business in Ponchow. Colombo the far-dislaut frontiers on the north west of and London." the defendant in this case, and the agreement bagan by reciting that Moss and another, des cribed as vendors, hind boon for some time past carrying on business in partnership in Foochow Harniedchik gives some details as to the pre- and Colombea under the style or firza of Dolparations mads for the defence of Valivostok. well, Carlill & Co Counsel might just interpose for a moment that ho would show by ths evidence that he would c... that when Dodwell, Carlill & Co sold their business to Dodwell and Ca. L., they were carrying on business as merchants, shipping aud esmumission agents, Mr. DicNeil siid that there was no doubt that his friend ought to have stated that fact in the petition but it was not so stated.

MANUFACTURERS, TUNERS ment,

AND

REPAIRERS.

PIANOS

AND

ORGANS

RENOVATED, REBUILT,

AND

REPOLISHED

BY

COMPETENT WORKMEN.

ESTIMATES PREE.

'OWN

MAKE"

PIANOS

FROM $300.

IMPORTED PIANOS

FROM $375.

SECOND HAND PIANOS RETURNED FROM HIRE AT LOW PRICES,

INSPECTION INVITED.

Hongkong, 23rd September, 1905. [2075

MITSU

BISHI

GOSHI-KWAISHA

(MITSU BISHI CO.)

COAL DEPARTMENT

All Letters Addressed-

place under. BRANCH OFFICES:-

NAGABAKI, MOJI KOBE, KARATSU AND HANKOW.

ÁGENULES: SHANGHAI: H. J. LL TRIFF.

HONGKONG: H. U. JEFFRIES,

MANILA MACONDRAY & Co.

CHINKTANG: GEARING & Co.

YOKOHAMA: M. ASADA.

it was intentioned in the pead/zgship would find in the recital this words. Their existenco had a bearing, rot merely on

a

on which he conid Rodinitely determine what sxactly was the business that was sold sail it was unfortunate because, us a rule, the first matter to which the Court loaked was the businos. Tu this case his Lordship was not able to taks into consideration what was the business that was sold becanso it was not mot ticned. Now that element being dismissed, Counsel aawo to what was the most important point of all in the consideration of say covenant and that was the extent of it and the poriad for which it existed. If he Lordship would lesk at the agreement in this caso vary care fully it was in cl that the carouant was contained viz, that each of the years agred that will not hereby, either solely or jointly, directly or indirectly carry on, or he engaged or concerned or interested in any bless

of a similar onuracies to that earrist on by Dodwell and Co. in Forchow, Colombo or London. Such was a world-wide restraint it over there was one, and he wished his Lordship to observe the distinction which had leau draw

the Courts in the very few cases in which by world-wide restraint had come before them. Conasel having given two examples in which world-wide restraint was allowable and one in which it could not be allowed submitted that in this case that there was no ambiguity on the past of the defendant not to carry on business and there was nothing therefore which would justify his Lordship in saying that the undertaking was in fact an undertaking not to carry on Imminess in the places in which the plaintiff company wight from time to tims open any businos in any other part of the world."

of

His Lordship-The time is unlimited. Mr. MoNeill-Yes, as long as the company was in existence, nad of course the company would never die. Continuing, Coassol stated int the same thing with regard to the necessity of there being, aubiguity in the

judgment contrast was expressed in the Paris 7. Saalfeld, 1892, 2 Chandry Division page 156.

It was found in this case also that there was no ambiguity. So much for the first point-that the absence of any limitation of space was a very strong mark of unreasonable- BOSS, He contendal that nu agreement not to carry on a specified business in any part of the world and unlimited as to time was not an agreement which could hers been reasonably required by the percussor of the goodwill of Dodwell, Carlill and Co.'s basinoes whatever that business might have been inferred or projected to have been. Counsel would take it as strongly as it could be pat. Let them take it that their business did cassist of all the matters which were mentioned in the potition. Let it be that they were goueral merchants, shipping, insurance and commission agents. Even so, he said that a restraint world-wide in regard to the matters mentioned in that clause was not a restraint which could have been reasonably required by the purchasers of the good-will of that business. There was another point in that covenant which in the same way carried all the marks of unreasonableness. That was an expression of the terms in which the businesses which ware not to be carried on wore declined. If the business which was sought to be restrained should turn out to be in fact the business which Dodwell, Carill and Co. were

und

commission agonis.

That

Mr. Pollock said that his friend had male au salonnial suggestion that Counsel ought to have gone into that point in the petition. This was entirely inconsistent with the express and explicit admission made in the Court that morning to the effect that the caus was on the

• asiti. defendant to show, to allog ::

10 prove that the covenant they wors sacking to inipose was

If the G

was any question af pleading to allow what the nature of the business was such that defendant might get rid of the covensut such pleadings ought to have appeared in the ro-amended answer put in on behalf of the defendant.

unreasonable.

THE DEFENCES OF VLADIVOSTOK.

Che fortress has completely changed its aspect. It is now pcrounded by a triple line of works, and ut eorlain impartsal spots then are tour tines of defence. Work has bon going on for 18 months. The exterior or salvanced line of defence, las been errial to 14 versis-say eight and a half miles-from the town, which is thus protected from bombardment. The islands to the south have also bery carefully fortified. Thora ur five fimportant forts to the north, ou emositin prints of the line of defeuce, and two to Lle south, on the islands. The strength of the garrison is $3000 men. In this total are evidently comprised the field troops for the The defence of the Maritime Province. armament of the place consists of 2,000 guns. ok with 1, rands, together with 4 The food supply million vil: cartridges. ufficion to stund a two years' sugo,

The 8-frant comprises seven forts and 34 coast batteries, armed with the heaviest gaus, presumably Fin., n., and 12in. On the land side more than 200 batteries bava byen gon arueled. The Razviedchali ostaates that the Proceeding, Counsel soil, the vendors carried on business at Foochow and Colombo and Dod Jap those aunot undertake the sings of Vladi well and Co, Ld., until they took over the basi-vostok unless they can spare an army of 200,000 nos of Dodwell, Carlill, & Co. were not establi men for the purpose. There are two entrances shed in Colombo. Defendant ander the guise of from the sea, and from Amir Bay to the woit, Muss and Co., Ld., by carrying on 'business at to nerest to the quarantine station, the other Foochow had not only committed a breach of from Por the Great Day to the cast, hath the agreement but had gone against the coven carefully protected by forts and batteries. The ant by which he assigned exclusiv-ly the rights Russians think that it will be impossible to of the wonder's business. In coming to a con- begin the siege this year, for it could not be which would clusion as to its reasonableness or unreasonable finished before the cold season,

disadvantage. s they must take the agreement as a whole plaes the assailants at a great and, they must take into consideration the From experience, and notes covering a period circumstances of the firm and the defsailant of sovou years, it has been observed that the ic and the business. His Lordship world see in the Golden Horn and inner harbour closes that paragraph I provided that the trade by about December 20, but that the islands are marks of the condors were to belong to Dodwell approuchable, as a rulo, until a fernight later. & Co., L.; and the latter were to move into the premises of Dedwell, Carlill & Co. and the hass of the premises occupied by Dedrell, Carlill & Co. was assigned by the defendant to the plaintiffs. There was a complete ur vat-and

the defendant and his partner to the plaintiffs. out sale or assignment of the business by What could be more reasonable than that lu dofondunt should be restrained from making Foochow or Colombo his centres for the purpose of competing with the plaintifs in the business which he had sold to the plaintiff Counsel, in coociusion, submitted that the present agree. ment could not be sail to bo unlimited as to sp400 and was certainly reasonable with regard to the severance to be unforced only in Foochow and Colombo.

MR. BALFOUR AND THE VOLUNTEERS.

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the

of

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the

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of war, but owing to the spending of a large sum of money by hath countries, hor demand for merchandizu intressed. The sale of Japanese fara was brisk. The trade in India also main. tained ita prosperity.

1063-14

of the worki, ins been brought to sa end. But the enterprises after the war were justasimport- aut as those during the war. Under the circumstancos it was needless to say that the bank would carry out its business with circumspection and endeavour to contribute toward the successful management of Che national financea. From the Yokohama Cham-

HONGKONG

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departure from Urga, information has resched tho Allidiabari Pioneer from a trustworthy source that a curious rumour is current in Chian that the Peking Govoremont be by us means given up the hope of ra-ostablishing ita prostige in Tibet. The idex is that it will ceraive at the return of the Dalai Lama to Lhasa, taking such guarantees from him in the present extremity that he will consent to be the tool of the Amban at the Tibetan part capital. The latter official would play the of a second Dorjieff, and an effort would be made to break down the British influence over the Lamas such as it is. The effect of Sir andlified and some reality would be imparted the country. t Chinose sovereignty over

Even Lithet of a most shadowy kind. In a sph delivered at North Borwick last.

the continued vccupation of the Chumbi mouth at the opening of a bazaar in aid of the Valley by a detachment of troops from Inima MARUNO-UCHI, TOKIO.

local Volanteor battalion of the Royal Scots wan'a nut countornet the effect of the re- Cable Address, "IWABAKT,"

Balfour said the two great Preblows of imperial appearance in North Western Tibet of the

were 20,000,000 yen. This was due to the inau which applies to all Branch OBore and Hongdoing at the time they sold it, then his defence more. How are we to find an army Dalai Lama with the Chinese Government cial management in iesuing the foreign loans.

kong and Shanghai Agencies, Lordship would bave it that the undertaking numerically sufficient to defend our possessions openly in favour and the Amba rendering Al, ABC 5th Edition, Western Union Coder was not to carry on the business of over Ren when they are within striking distance. assistance by pasing fies way for his return to and paying the money thus obtained for the purchase of war materials, in addition used.

general merchant, alipping, insurance as they now ne, but were not forty-five ago, of Liassa. The Lamiss who signed the treaty to the importation of silver in bullion. Looking

covered great military power; and how are they to MANAGEL, Miru Bist Co,, with name of practically the whole of nonmerce. A general the snores of these island Thinse two problema last year have a very limited onount of power, abroad, commerce and industry in Rurope and

and they would not be equal to fasing merchnat was a person who bought or sold could not be considered apart from each other. personal danger which would threaten them if Amarles made fair progress, and China not morchandise, who imported and esporiad

A engaged on a task which has its direct relation Government has no direct hold whatever on

Ho reminded his hearers that they were such a condition of affairs arise, The British only became accustomed to the circumstancesber of Commerce Monthly Report. commodity which ene might like to name.

to the whole scheme of defence of the Empire. commission agent was a person who did the

I leassa and is powerless to direct the course of same kind of thing but did it not for himself. He asked the men to remember that a

plitical events there. it its importance because bnt for others. A shipping agent was a porzon battalion who laosed after ships when they were in port had its fixed place in the general Volunteer THE ECONOMIC CONDITIONS IN

Since the outbreak of hostilities, tho bank had and might be in touch therefore with the whole fores, that the general force had its importance

found it necessary to keep a portion of its funds of the shipping of the world. With regard to as part of the military forces of the Crown,

military forces

abroad. Incrder to accomplish this the bank had insurance he could let that go. But what he and that

At the semi-auntal general meeting of the

purchased expert bills and thoa given facilities put to his Lordship was that assuming the Crown Ead in their turn to be considered as

to the money market in connection with the CONTRACTORS OF COAL to the Lm Imsiness which was sold to have been such part of the larger whole, in which the Navy shareholders of the Yokohama Specia· Bauk, President Soma delivered a speech dreking on played as great us, or even a greater park thun. perial Japanese Navy and Foreign Navies; the a business as the company now carried on an Imperial Arsonals; the Imperial Railway undertaking not to carry on any trade of any the soldier, the. Militiaman, or the Volunteers, the es nomie conditions both at home and export trade. On the other lund, they had bean relation to the import trade. During the term Sanyo, Kiusha and the other Principal Rail

sort or any such business as insurance or ship All were parts of one organie what, and they abroad, and on the business carried out by the obliged to refuse facilities to customers in conid consider of what value each part was bank during the first half of this yo te under review, the excess of the import over WAYS: Industrial Works; Home and Foroigaping areney was wider than was required. He submitted it was absolutely impossible for

considering by Mail and Freight Steamere,

what rolation it bore to the said the year was opened auspiciously by the" EXPORTERS OF COAL to Hongkong his Turtship to uphold the convenant which which it derived its impa capitulation of Port Arthur. Subsequently our exports as already stated, caeed much difficulty Shanghai, Hankow, Singaporo, Manila, North

ontained

such an undertaking not to do tance, and whose general interests it was brought forces won a gloriena victory at Mukdeu and to the bank's business. But fortunately the aumihilated the Russian Navy in the battle of issue of the foreign louns, the satisfactory China, Koreau ports and America.

ordinary trado

in any part of the world, and inte existence to subserve,

In flaence, the issue of condition of the export of silk and eation yarn, SINGON & CO., Like every other force of the Crown that of the Sea of Japan. SOLE PROPRIETORS of Takashima, under these circumstances, the whole covenant

It was gratifying Ochi, Shinee, Naungata and Kami-Yamada being void, his Lordship conid not cut down and the Volunteers had now to justify its existence, the fourth and fifth domestic loans and the and the large subscription by the foreign

the exchange husiores, The was & remarkable success. Colliarias and also Hojo Colliery, which will limit the convenant so as to allow the plaintiffs Mnch had happened since this fores exist in recent foreign loan amounting to 30 million capitalists to the public loans, benefited taken by the shortly be ready to produce ou a large scale the to have what they were friend had admitted that struggle between North and South in Asien,

now asking for.

boing 4 years ago. They had had the giganticling tone of the ecmomie world was in to note that the meatures the emis of proof lay with him and he had asked the Prussian and Austrian ware, the Franco, ensersnee enhanced and the commercial and bank daring this fiffent period greatly connection with the importation of solton. his Lordship to hold as a matter of law, without German war the Russo-Turkish war, the great industrial activity made man fest. The brisk facilitated the import trade especially in The Head and Branch Offices and the Agen. any evidence being produced ou his part, that struggle in South Africa and the battle of trade in war materials caused a demand for

mwoy, with the result that bank rates gradually And as both the imports and exports inerrused cies of the Company will receive any order for this convenant was too wide as the plaintiffia | giants in the Far East, which was now happilytvanced. But a gruster portion of the moon during the sums term, the business of the bank

eleo iuersased. Coals prodnoad from the above Collieries, were now stoking to enfores it. And he there brought to a conclesion. The inevitable result dy

The net profit of the bank during the term Coal sold in 1004 by the Company amounted fore understood that his friend did not intend of thuss vast and accumulating masses of paid into the national coffer as taxes or loans, was spent at home as war expenses, and the

was 2,109,720 yen, including 529922 yen M. to 1,520,000 tons.

to call any witnesses. He would like to know military experience was that there had been an

amount of able and intelligent discussion money returned to the financial market, thas Mr. McNeill replied that he did not propose carried on in all civilised countries out of all preventing the stringency of the latter. brought forward from the previous account. to call any witnesses

proportion in amuust to anything which had the same time there was marked activity in This sum shows au increase compared with that Mr. Follock said he thought he had given preceded it. The Continent, naturally, had now business enterprises. Reviewing our for- of the previous terra.

daring exports

In addition to the brauch oflees at Tairen Mr. McNeill sufficent notice aud he could not taken a larger share in this discussion than eign trade, the speaker sail the

the term under review amounted in value to and Lisoyang, which were opened during afterwards say that he had been taken by surprise they had done in this island, but thoro warto 142,760,000 yes in round numbers and the the previous terms; offices were opened at Port at the course of the arguments that Counsel great problems which they had to face which to spurts to 256,468/100 yeu Compared with the Arthur and Chefoo during the term under [108 would address to his Lordship. He thought others hul only a secondary importance, but corresponding period of last year, the exports review. The branch at Liseyang, however, har

his Lordship should bear in mind that the which lay at the root of every rational attempt showed on increase in cotton yarn, nosht milk, enbeequently closed, as the result of the further" DAILY authorities which be cited previously and which to deal with the question of Imperial defence. had been admitted by his friend, showed that The Erst might be roughly called the problem raw betop, copper, and purcehin, but r ducrease advance of the Manchurian Army, and a new the burden was upon the defendant of proving of Indian defence, upon which he would venture in halutzyje, rice, tea, coal, and camphor, the one was opened at Mukden. During the latter total increass being only about 5,300,000 half of the term, two more branches were the covenant to be unreasonable. Proceeding, to make two remarks, both of a negative char Consel said his learned friend's argument and acter. One was that they could not solve the Tett

The imports showed an increase in opened, one at Tistling and the other nt. Oseku Dontantion was that it was the intention of problems by conscription. (Applans.) No cotton and woollen goods, iron machinery. The opening of these brazoles was due to the hides, rice, barley, flour, and beans and a slight necessity caused by the development of the The kindly Press criticisms, both Continental the plainting by this agreement to restrain the country of Western Europe had eveK DEBAT decrease in sugar and coal On the whole, the situation and the condition of trade. As the and American, that the production of thir defendant from setting up in any part of the or would ever attempt to employ an army

of imports showed an increase of 108,820,000 yon business of the bank in Manchuria increased, Magazine has evoked is eloquent testimony of work. Well that, of course, was not at all the by conserpan asservious thousand of cello This was caused by the insensed demand for it was felt necessary to have a man vell way that they read the agreement and he defending its of miles war materials, by the importation made in acquainted with things Chinego... Mr. Mesuno- the sterling merit of the publication.

(Counssi) did not think it was a reasonable way distant across the ocean. (Applause.)

sake Odagiri was therefore engaged as adviser; Price

of reading it. But he thought it would be experiment had never bean tried by a highly order to anticipate the increase of duties, and convenient, perhaps, if at that junctury his organised community, and he did not think it by the commercial activity at home. The and placed in charge of the bank's business in asked his Lordship to refer to par. 1 of ever would be tried." He was certain the present excess of the imparts over exporte amonating that direction.

Now, the peace negotiations between Japan the agreement and for the take of argament Government would never be responsible for so to 143,690,000 yen was unprecedented. In the pat within brackets the words after Foochow wild an experiment, and he did not believe its export and import of precious metal, the export and Russia had been successfully concluded, and Colombo viz: London or any other assessors, whoever they might be, would arer amounted to 6,800,000 yun, while the imports and the great war, unprecedented in the history

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Hongkong, 15th February, 1905.

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Mr. Pollock said

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