Page
INTIMATION
THE HONGKONG DAILY PRESS, FRIDAY, FEBRUARY 5TH, 1909.
public feeling among the Europeans in China, † At last month's meeting of the Connell of
that this policy on the part of America, was the Royal Colonial Institute, Commaudor John TELEGRAMS.
looked upon with disfavour. It was, how ever, manifestly the only one which the United States could adopt; as, until recent years, the recognised policy of that country was absolutely to avoid foreign conquest A. S. WATSON & CO., and to confine herself strictly to the develop
LIMITED.
ESTABLISHED A.D. 1841.
FANCY TOILET
ARTICLES.
HANDSOME TOILET SETS,
SILVER MOUNTED IN FANCY
LEATHER CASES,
HANDSOME PUFF BOXES CUT GLASS BOXES,
in Great Varlaty.
G. Hough, BN, D.S.O., of Foking, was elected
a Fallow of the Institute.
Among the passengers from England by the P. and O. mail steamer which arrived yesterday were the Rt. Rev. Bishop Price of Foochow and the Rt. Rev. Dr. Boutflower,, the newly- appointed Bishop of South Tokyo.
At the Magistracy yesterday Mr. J. H. Kemp committed for trial the seaman who attacked The quarrel ocurred on January 15th, but the another on the BS, Kum Bang with a knife.. complainent had only safficiently recovered to come out of hospital this week.
ment of her own vast internal resources. It was not wanstural that those who were in favour, of more bigh-handed dealing with Chins, attributed the position taken by the United Sates merely to her special position -thatis, that, not being able to make foreign conquests abroad, she wished to prevent
While a family of well-to-do Chinese who other natione doing so to her possible détri-reside in Elgin Street, were at the circus on ment. Erents, however, have shown that Wednesday night a friend is alleged to have this was not the only motive which dictated called at their house, broken open a safe and her policy which was that which was departed with jewellery and money to the value followed by the British Ministers at Peking of $11,000. The police are investig ting. who were supposed to have been influenced
to a great extent by the attitude of America. For this supposition, however, there does not appear to be much foundation, and there is good reason to believe that the repre- HAIR BRUSHES 18 LEATHER CASES sentatives of Great Britain recognised at an
PERFUME SPRAYS,
early period the desirability, if possible, of
We are asked to state for the information of the
congregation of St. Andrew's Church Kowloon, that the Rev. E. J. Barnett will officiate at the Holy Communion af 8 a.. and at the 11 o'clock will be taken by the Rer. A. B. Thornhill service on sunday next. The evening service'
A native who was found guilty of snatching
Protected by the Telegraphia Messages Copyright Ordinance, 1894.]
FRITTEL'S SERVICE TO THE HONGKONG DAILY PRES."]
THE ENGLISH PRESS ON JAPAN,
SUPREME COURT.
Thursday, February 4th,
IN BANKRUPTOY. BEFORE HIS HONOUR SE FRANCIÓ PIGGOTT (CHIEF JUSTICE),
THE ALLANA ESTÀTE.......... The Chief Justice delivered his decision on a point raised by Mr. Hastings with regard to the LONDON, February 3rd. jurisdiction of the Court over strangers to describes the speech "delivered by set aside the sale of the bankrupt's property to The London "Morning Postbankruptcy proceedings. The point was raised on a motion brought by the Official Receiver to
Count Komura, Japan's Foreign. A. Merican. Minister, on the foreign relations of the country as a striking testimony of the changed situation in the Far East
"The Times
and
F
quite probable that this was in the mind of the Attorney-Gonoral when drafting the bankruptcy ordination in 1891, but I hesitate to adopt it because sec, 5 of 1864 refers to the "Chief Justice sitting in bankruptoy, "and it seems to me that.. the powers, rights and privileges," which are non- ferred upon him when he in sitting in bankruptoy are those personal privileges enjoyed by a judge at common law, as for example the power to commit for contempt, and from my experience of drafting I know that it is necessary in order to remove duubta to confer these old common law
the
says that the clear
avoiding the responsibility of any thing in old in the Central Market was at the Magis re-affermed the acceptance of the argued on the basis that the motion was, as I are being taken in the Court of Common Law
two gold-mounted banglas from the arm of a positive terms in which Count Komura SCISSORS IN CASES. the form of annexation in China. At all tray yesterday sentenced by Mr. J. H. Wood" open door" policy will be received
MANICURE SETS,
RAZORS IN CASES.
BY THE BEST KAKRES:
PATENT BAZOR STROPS, SHAVING MIRRORS, HAND MIRRORS,
ko.. &c.
SMOK ERS".
BASH
REQUISITES
He
to twelve months' imprisonment. farther ordered to receive twenty-four strokes of the birch during his term in jail
Arthur Dyer Ball of Oxford (son of Mr.
newly created jurisdiction. I express this privileges on a judge when he is sitting in a
opinion in order to show that I have not over. Mr. J. Scott Harston (of Mesers. Ewens and looked Mr. Harston's argument. I am not Harston) represented the Official Receiver, and positive whether it is the answer to it, but in Mr. John Hastings (of Messrs. Hastings and view of the opinion. I have formed on Hastings) appeared for the purchaser.
question, looked at from another point His Lordship said-1 motion has been of view, it not change which is splendid made in this
necessary for me to CHAR which is practically
decide the point definitely. I must vindication of the Japanese national to set aside an assignment made by the look at section 102 a little more closely
120 policy and the value of the Anglo- for certain reasons which are set out in the in, this case does not fall within the inherent bankrupt Allans of his business to Marican and see whether what I am asked to do Japanese alliance. The article ent-notice of motion. I say practically to set aside, jurisdiction of the Court to carry out that phasises the desirability of a good because I am not quite mure that the motion may Bankruptcy Ordinance, with the administration understanding between Japan
not require some amendment, but a preliminary of which it is charged. Ellis v. Silber was China.
objection was taken by Mr. Hastings on behalf mueli relied on by Mr. Hastings, but all it of the purchaser of the business, that this Court decides is that the jurisdiction conferred on the sitting in bankraptoy has no jurisdiction to Bankruptcy Court by section 102 is not an entertain such a motion, and this question was exclusive jurisdiction; and that it proceedings is this: That this is a question which concerns this section that they ought to have been have described it. The objection stated shortly or Equity, it cannot be said by virtue of a stranger to the bankruptcy; that the Court of brought in the bankruptcy. On the other Bankruptcy at Home has jurisdiction to decide hand it is undoubtedly the fact that in such a question only in virtue of section 102 of all the case the Bankruptcy Act of 1853; that section has predecessor, section 72 of the Act of 1869 is No. 7 of 1891, which is otherwise based in the that the effect of section 102 is to create all the not been introduced into the Colonial Ordinance referred to. But the contention in this case is English Act, and that therefore this Court being jurisdiction which is necessary to the Bankruptey the bankruptcy side of the Supreme Court, hae Court to deal with a question whenever a no jurisdiction. The problem thus raised is stranger is affected. Now, the first thing which one which I have had the greatest difficulty in solving, Sections 122-162 of the Home Act give reference to "priorities." It says that every strikes on on looking at the section, is the certain power to the Bankruptcy Court, which Court having jurisdiction in Bankruptor under other questions of law and fact which may arise questions of priorities. Pausing there for a in to decide all questions of priorities, and all the Act, is to have fall power to decide all in any case of baskruptcy, of which it may moment, certain priorities over other debts in deem it necessary or expedient to decide for the purpose of doing complete justice or making a complete distribution of property.
erenta England and America were quite at one on the subject, though the Chinese
with general satisfaction. "The authoritise always gave more crodit to the
Times is confident that this faith- lattor for this non-interfering policy, being
fully reflects the settled policy of the aware that the United States could not adopta, who has just retired from the Cisagacious statesmen of Japan, but the any other line. Later a different attitude was service of Hongkong) has been selected to conduct of the Japanese Government assumed toward Obian, and there was much represent West against South England in one concerning the Fakumen railway talk of spheres of different foreign nations of the international Hockey matches. It is not and hints at possible sunexations and a likely that he will get his plaos this year, but
seems to many people absolutely partition of the Empire. The Japanese war, he continues to play as well as he has done irreconcilable with this policy. Critics, however, effectually put an end to ideas of for Oxford and gets his Bine he will probably by no means unfriendly to Japan, this kind, by giving an object lesson such as get international bonours yet,
declare that the admirable principles could not be overlooked as to what the
Mr. Robert Laidlaw, a member of the British of the Government in Tokyo have responsibilities were likely to be, which House of Commons and one of the British Comborne little or no fruit over large part would devolve upon any untion who adopted missioners to the Opium Conference, who with anything like a high-handed policy in the his daughter has been visiting Seoul, was antar, of Manchuria; but the exemplary
if
either this section or
ite
A Very Fine Selection in Great Variety- MEERSCHAUM and BRIAR PIPES, CALA
PIPES, ( Special Assortment), SMOKEES COMPANIONS, MEERSCHAUM and AMPER CIGAR and CIGARETTE
in real CROCODILE SKIN, BRAKE SKIN, Far East. Thus the old policy of maintain. | tained at dinner by H. E, Prince Itojat Musgood faith and fair dealing of Japan in section has been omitted from the Hongkong Act of 1888, which is added to section 40 of the HOLDERS, CIGAS and CIGARETTE CABES
CROCODILE, SNAKE and DOE SKIN, eto, ing the integrity of China was reverted Contag's on the 25th ult. Mr. K, Nabeshima her political relations with Great Ordinance for reasons which are not apparent
sto., TOBACCO Pouches in BEAVER,
TOBACCO BOXES and JARS, ASH TRAYS,
to, and it is that policy which is enunciated in the diplomatic note which has been ex- ALL THESE GOODS ARE OF THE changed beteen the United States and
HIGHEST CLASS
AND SPECIALLY SELECTED.
A. S. WATSON & CO..
LIMITED,
ÁLEX ÄNDRA BUILDINGS AND KOWLOON Dispensary.
Hongkong, 6th January, 1909.
NOTICE TO CORRESPONDENTS.
[29
Japan,
1
The importance of this, understanding seems to have been somewhat overestimated. As was at cuce pointed out, no treaty has been concluded. This could only be done with the assent of the Senate, which might hesitate to give it on socount of the immi, gration troubles in California. On other grounds also, the United States would hesitate to bind herself absolutely by a treaty on such a point with Japan. But, as a deliberate declaration of future policy, so far as it is possible to maintain it, on the
absence of the distinguished host through acted as Prince Ito's representative in the
indisposition,
Among the victims of the recent political earthquake in Peking, the China Times says, in Major Menzies. This officer used to be well known in Tientsin. He followed H. E. Yuan of the Waiwapo has left the capital Major Shih Kai to Peking. Now the late President Menzies finds his occupation similar to tlist of Othello. It is now reported that he is going back once more to England-this time for good. Evidently he thinks the Manchu party are going to be in power for some considemble time, *****
Britain convince us that she will deal equitably and reasonably with this troublesome railway problem.
HEAV FIGHTING IN NIGERIA.
This
and I do not think I have the right to enquir
pot of a certain class of debts-rates, agts etc. are created by section 31 of the Ordinance, which is to all intents and purposSS. the same provision as sections 1 and 2 of the
are
Act of 1883. Now, as those priorition, which rank among themselves pari passu, determined by the Act itself, it seems clear that they are not the priorities referred to in section. 102. We must therefore go back to section 9 (2), which is section 10 (2) of our Ordinanc That clauso provides that the provisions of the section which dond with the effect of a receiving order, are not to affect the power of a secured
aliunde sa from the explanatory report made by the Attorney-General of the time what the reasons were which induced him to omit it. But I must seek for the reasons as best I may, He cannot have thought it superfluous, because no law offlcer in a Colony would take apon himself the great responsibility of so deciding with regard to an important section of such LONDON, February 4th.
a piece of legislation. But he may have thought creditor to realise or otherwise deal, with his armed with gars, attacked the Anglo-gard to the constitution of the Supreme Court priority may
Upwards of a thousand natives, it unnecessary in this Colony, having special security. It is obvious that questions of German Boundary Commissioners
of the Colony and this is the contention advanced creditors; and as they lie outside the bank. among the secured
stores at Soukwala, Nigeria."
The Auglo-German force routed the enemy on December 24th, and on
srise
by Mr. Harsten in support of the motion. Now ruptey, unless they are brought in by the
It has been assumed throughout the argument oraditors themselves, the Court of Bankruptcy that the object of section. 102 which was section could have no power of dealing with suck ques-- which confers jurisdiction on the court of bank. section 102 to settle these prioritice, and hence 72 of the act of 1869 is the only section ton. Power is given to the Court at home by
ONLY communications relating to the next part of botu nations, the displomatic notes graph in Zetland Street, and the high state the 26th there was heavy fighting in ruptcy against strangers: This is certainly I think must have arisen the idea that the sec
olum should be addressed to THE EDITOR.
Correspondents must forward their names and addressed with communications addressed to the Editor, not for publication but as evidence of good faith
All letters for publication should be written on one side of paper only.
are of scarcely less importance than an actual formal treaty. So far as the United States is concerned, as already noticed, they indicate nothing new, but with respect to Japan, they have a different bearing. They anonymously signed communications that have the effect of a formal declaration by hase already appeared in other papers will be that nation that she is willing to follow Orders for satra copies of DALT PRESS foreign nations in their present policy with should be sent before 11 am, on day of publicatia. After that hour the supply isregard to Chius, that namely of preserving limited. Only supply for Cash.
No
inserted,
Telegraphie Address Pazes. Codes: A-3.0.5th Ed. Lieber,
P. O. Box, 84. Telephone No. 12,
The regular bi-weekly change of programme WA made last night at the Alexandra Cinemato. adopted from its inception by this already popular entortašument has been malatained The pictures which were fashed on the scene are quite now to Hongkong, and metaphorically carry the sadianos to all parts of the globe giving a knowledge and insight of various dangerously wounded. by travelling. Romantic and melodramatic flas add a plsssing variety to an interesting countries which an otherwise only ho gained
programme.
abusive language.
The German Commissioner.
was
which 24 members of the Anglo-as if there is a concensus of opinion that this is questions affecting strangers; for secured credi- not said in so many words, but it does not seem ton confers a power on the Court to determine German force were killed and its object, that is to give the bankruptcy court tors, unless they come in, are accurately descrits wounded.
jurisdiction, to decide questions affecting straned as strangers to the bankruptcy; and therefore, gers to the bankruptcy which would otherwise by saction 102 the Court has power to decide be decided by the other court. Now whatever the priorities of these creditors among may be said as to the personal jurisdiction of the themselves, I am not sure that this does judges in England, the different jurisdictions of not farnish an answer to the question which the Supreme Court are well defined, but here has been raised as to the jurisdiction of H.rrything is vested in the Chief Justice, the this Court, subject to what I have already Puiane Judge has a do-ordinate Jurisdiction, said, I should have thought it clear that but for all practicat purposes the Chief Justice the Chief Justice sitting in bankruptcy could is the justice at common law in equity and not decide questions of priorities among secured in bankruptcy, and the Attorney-General of creditors in the absence of a provision resembling
AN ARMED ROBBERY CHARGE.
Five natives were charged before Mr. J. the integrity if the Empire, and equal trad.
Kemp at the Magistracy yesterday with com- Two chair coolles appeared before Mr. J. Hmitting armed robbery at Chedingshawan on ng rights to all nations. This policy on Kemp at the Magistracy yesterday charged with the 25th altimo, the part of Japan will probably be the best demanding more than their legal fare and ning conducted the prosecution. He told the Court the time may have said "What is the use of nection 102. I think therefors that the omission Mr. King, Deputy-Superintendent of Police, d'Almada e Castro, told the Court she took the January a large body of robbers, amongst whom The complainant in that at one a.m. on the morning of the 25th chair from Wellington Street to Lower Cestis the five defendants were alleged to have been Road, where she intended to call off friend armed with ravalvere, knives and choppers and On arrival at her destination she paid the carrying torches broke into the houses at coolics ten cents, but they made such a disturb complainants over the land with notes by Cheungshawan. Que robber struck one of the anco that she threatened to charge them. The while the others intimidated the inmates
in the long run for her, and it will cer- HONGKONG OFFICE: 10A, DES VOUX ROAD Ctainly be that which for some time to come LONDON Orrion: 131, FLEET STREET. EC will tend most to preserve the peace in the
Far Eat, which, there might be some rea son to apprehend, might be disturbed by a disagreement between China and Japan, of
The Daily Press.
..
HONGKONG, FEBRUARY 5TH 1909.
Ir is somewhat noticeable that the under
time to time. China will do well to fall in with so reasonable a line of policy as that which has been agreed to on her behalf, by
Indeed
Chinese
who
well a
saying that the Chief Justice may do one of such provision must have been deliberate day in bankruptor what he may do the next day I shall have to consider the effect of section 30 in the same court, with the same staff in of the Ordinance which refers to secured original jurisdiction" I do not say that the creditors, presently. I think that this relieves the ordinance, I should not have omitted this remaining words of this part of section 102- reasoning is satisfactory and had I been drafting me of the necessity of considering whether the which there have been threatenings from bearers told her they wished her to do so, and arious, threats, after which they proceeded to section, because it is desirable to preserve in and all other questions, whatsoovor whether Worship fined the first defendant $10, and Police Station and reported the matter. When forms of the courts at Home. But in order to ejusdem generis rale, for, if one part of the took her beck to the Central Station. His sack the houses. While engaged, one of
the Colonial courts as far as possible the of law or fact”—are to be governed by tha the inmates ascaped unobserved, hastened to the discharged the second.
the police strived the robbers had disappeared, adopt this reasoning I should have to satisfy section was deliberately omitted all of it lesving no trace behind Two days later the myself that there is no provision which preserves must be treated as omitted. But one thing is standing which was recently come to between two nations who are likely to have the brigands captured in Upper Tonkin, continus ring in, dipawabroker's at Yaumati: On the furisdictions of the English courts.
The Saigon Opinion says that police arrested a man who went to pawn a gold here the lines of demarcation of the several quite clear, that the jurisdiction conferred by the United States and Japan as to their greatest **y" in the matter.
B
to be forwarded to Singapore by the Goren Inspector Dymond arrested the defendants just Harston's most ingenious argument. in brief is diation of the Bankruptcy Court the section
evaning of the same day a party of police under policy with regard to Chino, is looked upon the declaration between the United States ment of Indo-Chins. Every mail steamer as they were entering a house at Kowloon-taul, this-By section 4 of the repeal Ordinance No. itself begins "subject to the provisions of this
Mr.
section 102 is additional to the normal juris- as something new and as introducing an and Japan, follows closely the terms of the arriving there from that province bringe num
In this house the wife of the first defendant. 3, 1855, which dealt with te constitution of Act" and it is here that I think I have lighted element which did not before exist in the agreement made between Great Britain and bers of theseevil-doers for despatch to Singapore, he was to be charged with helg in polises in the Supreme Court, it is provided that it upon the weak spot in Mr. Hastings able orga- relations between the United States and the Japan in 1995, 60. far as the integrity of and it seams that the inflow in likely to continue; found tharvo revoirers, sing knivos se roll se skall not be necessary to being any proceed. ment. Granted that section 102 600 org.
property, was found. Far East. In trath what is set forth in the China is concerned. It is, of course, to be Tonkin are hunting down the brigands and eines bean ilentified by the complainants. The the purpose of bringing to another soart strangers, and without going to the extreme for a good while. Flying columns in Upper quantity of jewellery and clothing which had ing on the equity side of the court for special power to deal with questions affecting diplomatic notes which have been exchanged noticed that there is a reservation which capturing many of they each day. The Straits of the robbers. He had been charged, and had any equitable claim, defence or question incid of saying that this means questions arising is merely an extension of the policy which prevents this understanding" from being Times, however, says it is officially informed elected to turn King's evidence.
man who took the ring to the pawnshop, was one has always been adopted by the United taken by China as an absoluto guarantee to that the Straits Government has consented to
ent or collateral or arising out of any proceed between strangers (because although, in the States in regard both to Japan and China-maintain her independence. This might receive 700 of these men, who are not really journed
Witnesses were called, and the hearing ading on any other side of the said court, but absence of the authorities I should be strongly hat more especially in respect to the latter and probably would, be a temptation to brigands, but may be correctly describoil as
every such claim may be heard on petition or inclined to think it did, in the presence of thone motion instituted in much last mentioned authorities I can hardly do so) it does not follow -the policy, namely of eresting her influence China to presume upon so comfortable a
refugees. They are arriving in batches by
proceeding. By section 4 of Ordinance 5 of that all questions affecting strangers are dealt at all times towards the preservation of the position. The "understanding "sets forth every ship and are considered to be a superior
1864 the old Bankrupter Ordinance, it was with solaly under section 102. For there is this. class of Chinese. integrity of Loth countries. With respect that both nations are determined to preserve
The Government, remarks the Japan Chronicle, jurisdiction in bankruptcy, and the Chief ing at the cases quoted in the books undor provided that the Supreme Court "shall have question which must frequently arise, and-look to Japan, the question never as-umed any the common interests of all Powers in Chius
seems determined to carry out the policy of high Justice, wlion sitting in bankruptcy, shall have section, I should say has frequently arisen→Is defluite form except with regard to Russia by supporting by all pasife means at their
tariffs against imports, without rhyme or reason. as no other foreign nation had conceived disposal the independenes and integrity of
It is noted that cotton satins, cotton prints, all the powers rights and privileges which are the creditor who says he is secured really the idea of trying issues with that country; China, but it also provides that if anything cheerful sad appreciative, are all to be found import duty on these articles does not exceed 8 The subsequent repeal ordinances 20 of 1891, always remit the decision of it to another Court, Turns, clever and witty, and pa audience, being protected by the onventional Tariffs, the this ordinanes otherwise specially provides." decide this question, but must, as it is contended cotton velvet, and grew and white shirtings now exercised or enjoyed by him, except where secured? If the Bankruptcy Court on not but with reference to China the idea for should occur to threaten this status the two nightly in the spacious Circus tent at Causeway per cont. ad valorem, against about 30 per cent. many years past was widely spread that some Governments will "communicate with each Bay The fasts of all the performers have been is added the duty on the articles in question preserve rights and privilegen ste, jurisdiction or costs, and the true functions of the Court of on other fabrica. When the excise of 15 per cent. ankruptcy, and 6 of 1901, civil procedure, endless litigation would result, with endless European nation-most probably Great other in order to a rive at an unde at uding told, and re-told, bat, nevertheless, they require does not exceed 25 per cent, (as if this were prinsipiu, etc., created by the ordinances sever Bankruptcy would disappear. It seems to me Britain-would be compelled to, or, at least, as to what aures they may consider the plucky cyclist whose death daring ride is the Government intends to increase the duty court of bankraptor by 5 of 1864 has the same says he is soured, theourt to be seen to be appreciated. William Sohultz not enough, if all conscience!). Accordingly, ally repealed." The argument is this that the impossible to contend that, if a justified by circumstances, in annezing some uscini to take.”
we understand from vernacular contemporaries, portion of the apparently effeto Chinese ment is set forth in as definite a manner as notoriety by continuing his rads into the reals fahrica. Japanese dealers interested in the Court in its original jurisdiction and in this that the Court has power under section On the whole the agrees already famous, has acquired efe greater when the opportunity ponies a justice to other powers rights and privileges as the Supreme decide whether he is secured. I think Empire. Against any such policy, which can be expected and has the advantage of of space Last night there was a big gap in the lines-concerned are opposed to an increase of jurisdiction by 3 of 1858 the distinction for the 43 to decide the question, was hinted at as far back as soon after the not being of so binding a character as an loop, but, like an arousut, Schultz passed the open the importation will be checked, and maintain purpose of furisdiction between equity and that section (section 50 of the Act at
duty. They fear that when the duty is increased Treaty of Tientsie, whose provisions the actual Treaty, which might lead to diffical-speco safely, to the anhounded satisfaction of that as these imported cotton goods are of high common law is abolished, therefore the geart Home) the trustee must take possession of the Chinesa adoubtedly endeavoured to evade,
ties, if the circumstances at a given future the spectators who watched this daring feat quality and cannot yet be produced in Japan, in bankruptcy has equity jurisdiction and bankrapt's property, and he may apply to the the United States steadily set her face and time be ame markedly different from those with breathless interest. Taking all in all the they should be admitted at a reasonable rate as therefore section 102 is unnecessary because it Court not merely to enforce his sequisition, but
under which it was made.
Circas stands second to notis that has been seen hith rto. A proposal is on foot among the would confers jurisdiction" to decide priorities also to enfores his retention of it. Now, if the it is not surprising, viewing the state of
dealers to address a memorial to the Government Bocordingly.
trustee goes into possession of a business; as he
HARMSTON'S CIRCUS.
in the Far East,
JAPANESE CUSTOMS DUTY ON COTTON GOODS.
PROPOSAL TO INCREASE.
eta. which it already, has It seems to me
creditor
cannot
for under