INTIMATION
WATSON
LIMITED.
JESTABLISHED AD. 1841.
THE HONGKONG DAILY PRESS, SATURDAY, MAY 22ND, 1909.,
made by His Excellency the Governor to ment of the project could not for a moment the Council on the subject (as the Chairman of the local branch of the Chios Association has represented), but by the public know ledge of the history of the railway from the beginning, as conveyed in the discussigas at the Legislative Council. In order CO. that the Government, if it
be entertained, whether the estimate was a million or a million and a half. On this point we shall have many opportunities, wo trust, of enlarging in future and are conten now with insisting on the importance of the line to the Colony, as the terminal point of intends the great trunk line from Hankow. The present concern of the Colony is simply to see that it is getting in the actual construction of the line full value for its money, and once the impression is removed that "money has been, or i.being, wasted," all will be svell,
to give the assurance Mr. STEWART says is called for, may give it with a knowledge of the circumstances that have tended to create the impression that money has been wasted, we will recall what took place at the Legislative Council about WINE AND SPIRIT MERCHANTS eighteen months ago. At a meeting of the Finance Committee held on January 23rd
WATSON'S
C
VERY OLD LIQUEUR
SCOTCH
WHISKY
A BLEND OF THE FINEST PURE MALT WHISKIES DISTILLED
IN SCOTLAND
OF
GENUINE AGE
AND
FINE MELLOW FLAVOUR.
1908, the Committee was saked by the Government to vote, on account, $4,250,000 for railway worka. The Hoa. Mr. KESWICH
TELEGRAMS.
[Protected by the Telegraphic- Message
Copyright Ordinance, 1894.]
[RHUTER'S SERVICE TO THE “HONGKONG DAILY PRESS,"]
THE JAPAN SOCIETY IN LONDON.
LONDON, May 21st. At the annual dinner of the Japen Society over which Mr. Kato, the Ambassador, presided, H.LH. Prince Erening Bervice at St. Andrew's, Kowloon Fushimi and Mr. Hayashi, now Am-
bassador at Rome, were present. --
The Bishop of Victoria will presch at the
to-morrow at 6 p.m. →→
The Chinese Minister proposed the
Society" and paid a tribute to the toast of "Success to the Japan
success already achieved by the Society in propagating in Western countries a knowledge of Japanese literature,
science and industries.
The Rov, J. A. A. Baker, Wesleyan Chaplain, aaid on that pension that he was not satis-shewan, from the Hongkong Rope Manufactur hna received a donation of $250, through Mr. fied that we were getting full value for our
ing Co. Ltd for the Sailors and Boldiers' money "as things were going." When the Homo. Chairman.asked if members were prepared to recommend the vote, the Hon. Mr. HEWETT replied: "I certainly, for one, am not. The amount is a large sum of money, and I think we should have more time to consider it." The result of the disenssion was in- sistance on a report showing the progress made on the work. It was during this discussion that the Government first public. ly announced that the original estimate for the railway was "about £550,000" (about
The fortino tolling case which has aroused so much interest in its course was conclude
el decision and, finding the fortune teller, guilty yesterday when Mr. Hazeland gave biderart,
£50,000, be it noted, in excess of Mr. BRUCE's figure, and we suggest that this extra sam was intended to cover tolling stock). The Hon. Mr. Keswick calculated that at the rate expenditure was proceeding the Colony would find itself liable for £1,000.000 sterling for a line 22 miles long." A million seemed to him "an extraordinary sum for 22 miles of railway" and as a member of the firm of Messrs. JARDINE MATHESON & Co., who are 80 largely concerned sin railway enterprises in China, his words doubtless carried more than ordinary BULL DOG BRAND weight. While he recognised that the
PER DOZEN.
$16.50
ROUT. PORTER & Co's
GUINNESS' STOUT
IN PINTS AND SPLITS,
country was difficult and that the ten- "gel: would be exceedingly expensive," it still seemed to him that some economies might be made in the execution of the work." The impression "that the cost of the railway in excessive, and that money bas A. S. WATSON & CO.. bean wasted" dates fre that discussion
LIMITED,
ALEXANDRA BUILDINGS,
Hongkong, 26th April, 1909,
129
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Telegraphic Address: PRESS. Codia "A.B.C. 5th Ed. Lieber. P. O. Buz., 34. Telephous No. 13.
DEATH.
ALICE, aged even years, daughter of Mr. and Mrs. M. J. DANENnene, on May 21st, 1909. The funersi will pass the Monument at 5 pm. to-day HONGKONG OPTICE: 101, DES VEUX BOAD C LONDON OFFICE: 131, FLEET STREET. EC
The Daily Press.
of
larceny of jewels to the value of over $3,000 b
means of a trick, sentenced him to six months' imprisonment with hard labour. His Worship said he was satisfied the compliment told the truth. Her story was plain and straightforward sud was unshaken in cross-examination.
Yesterday what ought to have proved an interesting event was set down in the socol
progammo at Vistoria School. It was a feld
day in minic warfare, in which the boys from the Kowloon British School were to have gone over to the Victoria School in order to learn the art from the Cadet Corps of that school. Ha
A "SCARESHIP."
LONDON, May 21st, The newspapers have been full for weeks past of reports emanating mainly from the Eastern Counties of the appearance at night time of an airship, which is scoffingly termed a
Scare-ship.".
17
SUPREME COURT..
Friday, May 21st.
IN SUMMARY JURISDICTION.
BEFORE HIS HONOUR ME. II, H. J. GOMPERTZ (POTANY JUDGE).
A REFEREE WANTED
present to the mind of anyone concerned in the payment, that they had received previous notion of any irregularity. The Bank were, of course, quite justified in requiring notice to stop to come from the drawer of the bill. No indem nity had been offered then, and they would have acted at their own risk had they refused to honour the draft on a mere notice from. the plaintiffs. It was clear so that if In an action in which Mr. F. C. Barlow (of a proper cable had been sent to Van- Mosers Goldring, Barlow and Morrell) appeared conver on December 29th there was ample for the plaintiff, and Mr. Crowther Smith (of time under ordinary circumstances, and with Mesers.'d'Almada and Smith for the defendant reasonable diligence on the part of the plaintiffe be necessary to refor the hooks to a referee. A stopped payment by cable before January 6th,
Mr. Smith informed the Court that it would correspondent, for the issuing bank to have person had been suggested by the other site, bat he could not agree to the appointment.
Mr. Barlow said the Court shroff had refused to accept the appointment; therefore he would ask for directions from his Lordship.
Mr. Smith-I cannot possibly accept my friend's interpreter.
tors ?
The
As to the law of the case: the action was' brought to recover from the bank the value of the draft, either as money recived to the use of the plaintiffs, or as for a conversion. defendants not being accepters of the draft could not prima facis be liable on the instrument, and
Li Hong Mi, the late Court interpreter.
it was impossible to agree in the face of the Mr. Barlow The person I mggest is Mr. nathorities to the contrary, that the drawing of an instrument in this form could, operate. His Lordships he attached to any solicías an assignment of money in favour of the
payees. He could not see how a payment which ́ was clearly referable to a contract, expressed or implied, with the Bank of Hamilton, could be relied on an establishing contractual relations between the defendants and the payees. was quite clear that the draft was nothing more than a request to pay a certain som, and that nothing more could be read into it. If, then, the defendants were not liable in contruct, was there a right of action against them in fort for conversion? It was objected for evidence that the draft was stolen by the defence that as it appeared from the Po Chi, a partner in the plaintif firm, nud
Mr. Barlow He is with Messrs. Goldring, Barlow and Morrell, but I do not think that in a small matter like this his impartiality would be impugned.
His Lordship-I could sak the Registrar. General to provide a man. Would that suit all parties t
Mr. Smith--I think it would. Will you Lordship send the books to the Registrar-
General ?
His Lordship-He might nominate a man,
but might not care to have the books. Does the case turn on anything in the way of trade
custom?
Mr. Smith-No, my Lord
His Lordship Then say apright business
General
These stories received a filip yester-man will do. I will apply to the Registrar fortunately the heavy rain prevented the day by circumstantial reports of an arrangement from being carried out There airship being sighted on the ground on can be little doubt that such exercises would the summit of a hill near Cardiff. faster the martial spirit among the British youth in the colony.
re-ascended quickly.
Dionisio Mapa of Iloilo has introduced into the Assembly a bill for the establishment in the Philippines of a government agricultu al bank
of base and discount, with a capital of one
hundred million pesos to be raised on a loan fosted in the United States and the repayment to be guaranteed by the Philippine Governmen The Cablenews American says ---It is not be Horod, that the bill will prosper oven in the Assembly as one hundred million pesos werth of bonds at four per cont would mean an ex: penditure of four million pesos per annum which would affectually sink the country..
COMPULSORY MILITARY
SERVICE.
BILL IN THE HOUSE OF LORDS.
LONDON, May 21st.
service with
It
Lord Newton, on behalf of Lord Roberts, has introduced into the House of Lords a National Service Bill, making
the
malos between the ages of 18 and 30. Territorial Force obligatory on all
The Bill has been read a first time.
The Tokyo correspondent of the Seal Press writes:-A report appearing in some Tokyo papers to the effect that the Japanese authori ties are approaching the Ambassadors for the surrender of consular jurisdiction in Kores THE FRENCH SILK GROWING is discreditad, innemuch as Japanese judiciary arrangements in Kores are not yet completed Apropos, the United States had partially
rendered consular jurisdiction in Korea, marks convention, but a similar convention in connection with the conclusion of trade negotiating between Great Britain and Japan applies to China slone, and not to Korea. But any piracy of trademarks may be dealt with as a fraud.
We will go further and indicate how that impression has now been strengthened. It is shown in the latest report of the Chief Resident Engineer with regard to the tunnel, the most expensive item of the undertaking, that, notwithstanding the fact that in 1908 rock of unusual hardness was encountered, the post of tunnel-driving per lineal foot was about 150 per cent cheaper than in 1907 when the driving was not so difficult. Here are the Chief Resident Engino r's figures "The average costs per lineal foot of houding, enlarging and bricking-in during the year (1908) were 170.49, $140.86, and8118.54 re- spectively. Up to December 1907 the figures were approximately $184.00, $275.00 and $221.00." Here then, is one instance, where striking economies have been effected since that discussion in the Legislative Council Chamber. Well might the Governor "dread to think" what would have been the cost of the tun nel had the rates of 1907 aot been so substantially reduced in 1908. We think it was His Excellency who explained that the reduction in the cost per lineal foot, was due to the engagement of the trained labour re patrated from South Africa; but this can. Galop. only excite surprise that this trained labour was voc engaged at the very beginning, as it has been reaching the Calvuy in shiploads all the while the railway works have been in pro- gress. We have aterad into these parti- culars to indicate to the Government-and to
By kind permission of the Colonel and Offers of the 105th, M. L. I. B. the Band will play the following programme on Monday night, Empire Day, at Kowloon Hotel commencing at 8 pm. sharp, Programme
+
--- Bakur
INDUSTRY.
GOVERNMENT ENCOURAGEMENT.
LONDON, May 21st. The French Chamber is discussing a Bill allowing silk-worm cultivators sixty centimes per kilogramme of raw silk, for a period of twenty years from May 1st 1909.
BRITISH BUDGET PASSED.
LONDON, May 21st. Bek Phelps
The House of Commons has passed Sepert
tall the Budget resolutions, and these ...Kral have been reported to the House,
Thelpi
Ovetture... Hungaria. B. Bola March... San Salvatore "
Valse
Avalie Dream" Two Step Mandy on Mash Dance... Selection Cavann
"Esperans"........ March ......" Hoch Hobsburg" Vairo.
Convent Girl" Selection..." H. M. S. Pinafore" Furenado.... La Paloma Two Step
Charry" Flying Fax God Save the Ki g.
LOCAL SPORT.
........... Sullivan Harton Albert
(FROM "THE CABLENEWS-AMERICAN:"|-- CONGRESS AND THE PHILIPPINES,
WASHINGTON, May 15th.
A MISSING RANK DRAFT. The Paisne Judge delivered his reserved judgment in the action in which Man Lee Chan and Co. proseeded against the International Banking Corporation to recover 3840 alleged to be due in respect of a bank draft.
Hon. Sir Henry Berkeley, K.C., instructed by Mr. Otto Kong Sing, represented the plain tiffe, while the Hon. Mr. H. E. Pollock, K.C., instructed by Mr. C. D. Wilkinson (of Messrs. Wilkinson and Grist) appeared for the defen
dants
He
it being a necessary inference that that man cashed the bill, and the receipt of a partner being the receipt of the firm, the plaintiffs could not recover money which had been already paid to one of themelves. Without going more deeply into the matter there was no evidence,. and he did not see his way to assume that U Po
Chi himself ever presented the draft or received the money for it. It appeared that the bank simply paid on the endorsement and they had
they paid to any particular person. Itwas true no means of knowing, and did not allege that
that most of the cases where payees had recovered in an action for conversion of a bill fell under the statutory provisions relating to crossed cheques, but he did not think that section 82 of the Bills of Exchange Aut introduced any new right in the owner of the instrument or any new liability in the banker. It merely gave bankers dealing with crossed cheques a statutory protection against their authorities he said he did not think it made common law bability. After quoting numerous.
Colony confined to inland bills. There was no any difference that the bill was drawn abroad, for the statutory protection was not in this doubt that the payment was made in the ordinary course of business. The endorsement anthority. Did it purport to be that of the was, he sapposed, either forged or made without
payco?
it terms
to Eastern commercial must not forget that presented for payment if rato ander the auspices
His Lordship remarked that in this case he had taken time to deliver his judgment, and delivered a written one because, although the actual amount in dispute was not very large, this was a dificult case both in fact and in las, and it might be convenient to the parties to
plaintifs, who were merchants in the Colony, have the case as he found it in writing. Dealing with the facts, His Lordship said the trading nader the style of Man Lee Chan and Co, received by post some timas in December 1908, the first of exchange of a draft for 8040. payable on demand to their order. The draft which was in the ordinary form, bearing the data of November 14, 1908, was draws in Vancouver by the Bank of Hamilton of that said the draft was payable to Man Lee Chan After reviewing the evidence, his Lordship City, on the Hongkong branch of the Inter- and Co. in English, and had the endorsement national Banking Corporation. On December been in English in the terms of the instrument 22, 109, the draft was stolen, together with there could clearly have been no diffenity. The money and ather articles from the plaintiffs' bank would not have been liable. It appeared premises. The plaintiffs enspected a partner in
to be a custom well known in the Colony for the their firm who absconded on that date, of the signature of a Chinese firm, whether on a or about December 24, and again on December sion of a stamp or chop, usually in Chinese theft and they masde a report to the police. On receipt or otherwise to be made by the Impres 29, and possibly on one day subsequently characters. It was not easy to to that dute, plaintiffs' manager went to of English law the premises of the bank and saw Mr. practice, but ha Clark, the cashing, with whom he had the bill was some conversation on the subject of the draft, not by, at any He told Mr. Clark that a draft for $840 of, a partner in the plaintiff Brm. It appear in favour of the Man Lee Chan Arm had beened clearly from the evidence of their manager lost or stolen, and he asked that the bank should that the draft was stolen by U Yuk Wo, the stop payment. On January 5 Mr. Otto Kong absconding partner. That man must have been Sing wrote on the plaintiffs' behalf a letter to familiar with the business of the firm and the the defendants alating that a draft for $840. in chops in-use, and there was me reason why he or plaintifs favour, had been stolen from their his confederate or transferee, whose object way. premises, and giving the defendants formal merely to get the money, should have put on the notice not to pay until notice of presentation
instrument a suspicious chop which did not had been given to the plaintiffs. The bank A lively debate was precipitated in the House acknowledged the letter, and stated that with-
purport to be that of the firm when it was just of Representatives over the majority report of ont further particulare the draft could not be be expected to make payment without difficulty. as easy to employ one on which the bank would the Ways and Means Committee on the Colton traced, and that payment could not be stopped Representative Francis B without advice from the person to whom the The matches set down for the second weak of Harrison, Tammany Congressman from New draft we issued, ooming through the issuing on the bill Mr. Harrison declared that the tiffs and on January 6 the draft was pre- revision of the Philippius tariff should have sented to, and paid by, the bank, on a Chinese been left exclusively to the Assembly. Is this endorsement which road: Man Le China way, and in this way ouly, he declared, could the
Shing Ki bill have been drawn to prevent the exploitation evidence
There was a direct confick...of E. A. M. Williams, liquidator of St. George's C... and the Kowloon C.C., to be played on the out of the islands from being benefited by the Clark His Lordship did not believe that $25, being the amount due under articles of the
In the Tennis match, between the Hongkong of the Islande and keep the Americans in and between
to what passed at the interview Club, proceeded against E. A. Greenwood, chief the plaintiffs' manager and Mr. steward of the se. Empress of India, to recover latter's ground this afternoon, commencing at Asurs, Representative Harrison entered at any mention was made of the place of memorandum of seacciation of the Club, in 4,3 p.m., the following players will represent length into a discussion of the Philoplus issue. At the same time it appeared that the which it was stipulated that each member under. the Hongkong. Cricket Club;-Mr. C. A. Carr problem. He declared that there is hat one way plaintiffs knew or suspected that the place of took to contribute not less than $25 towards the and Dr. G. E. Aubrey, Messrs. H. Pinckney and out of the dificulty in which the United States issue might have been Vancouver, for they sent assets of the Club in the event of the came C. Pemboston, Mcars. H. R. Phelips and finds herself by the possession of the Philippine a cable on December 29 to their correspondent M. R. Harris, Messrs. R. A. Hutchison and
Islands and that is by the gate of internation in that City, presumably to stop the- draft. alization of the islands, as he calls it. Mr. Very possibly the plaintiffs did not realize the T. H: Kong.
Harrison proposes to give the Philippines the importance to the bank of information seto same status that the island of Crete now pea place of issue, foreveu at a much later date, seuses...
that is, in the letter sent through the plaintiff' RUN ON A HANKOW BANK.
solicitor on January 5, giving formal ustice to the defendants not to pay the bill, there was no The Hankow Daily News of the 12th inst mention of Vancouver. He could not help saysConsiderable consternation was caused in thinking that it would have been easy for the bedame known that the native bank known as compradore's department to make a note of native circles late on Monday night when it
If it is not the case, he adds, an assurance, fore to say in reference to the letter by "An
and would probably closs its doors in the morning. It would then bave been possible for them from.. the Government seems eslled for. Onlooker" that we do not endorse the view | LATEST STEAMER MOVEMENTS. and for a time ereditors were being paid to have withhold payment temporarily until
on the bank ensued yesterday morning That assuranes, it seems to us, cannot be that the chances are that under the Colony'a
1000 cash for their dollar notes. Thousands of they had made some enquiries and notified given in a burry. To quote the speech existing financial conditions the railway hai for this port on the 20th inst, and is due during the course of the morning bata
The Austrian Lloyd's str. China left Bhang-creditors beseiged the premises of the bank the plaintiffs. His Lordship did not attach
Plaintiff was called, and deposed to being the made by Mr. GROVE is not sufficient, would not have been constructed on an The N.Y.K. str. Iyo Maru (European Line) chang were stationed there to preserve order. hetwas satisfied, could not with, the informa Bingham and Matthews. On December 23rd
here on Sunday the 23rd inst. p.,
suficiently large number of solliers from Wn. Any degree of blame to Mr. Clark, who managing clerk of the firm of Mesers, Lowe, The impression that the Colony is estimats of over a million pounds sterling. left Shanghai on the 21st inst,, and is expected Daring the course of the afternoon assistance tion paying too much for the railway has Our own view is that the railway is here on the 24th just.
at hledisposal trace the bill of last year he was appointed liquidator, of St. ̈ arrived from the Wachang Government Bank His Lordship, had no difficulty whatever in George's Clab. He had searched among the been engendered, not so much by the vitally necessary to the future welfare and Lino) left Eingapore on the 21st last, and is fidently expected that the Bank will be able to coming to the conclusion that the draft was. papers of the Club for the proposal form of the
The N.Y.K. str. Kawacki Maru (European and money was paid out freely, and it in con- comments of the Press on the last statement prosperity of the Colony, and the abandon. expected here on the 27th inet.
paid in absolute good faith, and that it was not defendant, but had been unable to find it. All
HONGKONG, MAY 22nd 1909.
WHEN we penned a footnote to the letter from Mr. MUBRay Stewaxt, published in
LAWN TENNIS.
HONGKONG TENNIS LEAGUE.
Tariff Bill.
He therefore gave judgment for deferdants
with costs.
On the application of Mr. Pollock his
our yesterday's 'issus, we considered that, eb the Chins Association-that the impression the newly established tennis league, and which York City, startled the House by a bitter attack bank. Nothing further came from the plain Lordalup granted leave for formal judgment to
will be decided to-day, are as follows:
Taikoo v. Chinese Y.M.C.A. Craigongower v. Schoolnastars,
Y.M.C.A. v. Civil Service.
́H,K.C.C. v. X.0.0.
far as we were concerned, the matter might which a large section of the peblic" live be allowed to rest. But in view of the that money has been wasted is not based comments we bare heard on the correspond-entirely on the comments of the newspapers ence we published yesterday, it is perhaps on the latest report made by His Excellency advisable that a little more should be said. the Governor to the Council, hat upon the Mr. MURRAY STEWART quoted the testi- suggestions of the Unoficial Members of the monial given by Mr. GROTE of the tiffin Legislative Council which seem to be con held by the railway staff the other day, as firmed to some extent by facts and figures satisfactory evidence that the Colony has in the official reports. got its money's worth in the railway. Now Some further comments on the subject no one will be inclined to dispute that the suggest themselves, hut sufficient unto the line will be a "a lasting monument of day is the amount hereof. To conclude, British engineering and of British Colonial however, we may add this remark: It is enterprise."
But this does not topoh generally recognised that a newapapër the question of cost, which is the main publishing a letter from a corres, ondentdoes question in which the Colony, as the not necessarily endorse its correspondent's payer of the bill, is for the moment interest views, but there are, it appears, some readers ed. Mr. STEWART rightly says that "who do not recognise this distraction be- large section of the public believe that tween the leading article and views which money has been, perhaps is being, wasted; may be expressed in a letter appearing in that the cost of the railway is excessive," the correspondence column. Wediave there the sting. If this is further confirmed, much the Sing Yi Chartered Bank was in difficulties the amount of the draft and the payees' names.
--NOVEL CURE FOR RHEUMATISM..
seems a little like an old wife's tale, but per
The sting of a bee as a cure for rheumatism hope there is real science in it. t one of the New York hospitals experiments are being made, Patients expose the afflicted parts of their bodies & supply of bees being kept for the purpose. to the insects, and it is said that relief follows will be forgiven to the bee.
A
run "
weather it's difficulties,
be drawn up. and for Counsel to be certified for. A B GEORGE'S CLUB CLAIM
winding up.
Mr. F. . Barlow (of Messrs. Goldrings Barlow and Merrell) appeared for the plaintif and Mr. Roader Harris (of Messrs. Wilkinson and Grist) for the defendant,
Mr. Barlow, in opening said St George's Clab was a limited company in this Colony. –
Hie Lordship-Limited by guarantee? Mr. Parlow-Yes. The spanker them read
article 5, and stated that he propoast to prove that on December 23rd last the defendant was a member of the Club, and was a member until it went into liquidation. His Lordship Is that denied Mr. Harris-Yes.