INTIMATION
THE HONGKONG DAILY PRESS, WEDNESDAY, JUNE 30TH, 1909)
also bas ita disadvantages, which they do nor specify but refer to as those which are nually inseparable from a monopoly not subject to control." The Majority adopt an their main recommendation the suggetion that all that is required to check abuses of the Conference system is A. 8. WATSON & CO. that the shippers and merchants in a given
LLOITED
ESTABLISHED A.D. 1841.
WATSON'S
E
VERY OLD LIQUEUR SCOTCH
WHISKY
trade should form themselves intonassocia
The English, French and German Mails of TELEGRAMS.
the 29th, 25th May and 3rd June were de livered in London on the 28th fast.
Mr. S. A. Seth, secretary of the Dairy Farm Company, leaves for home to-day by Hirano, Maru Imat night he was the recipient of a Handsome dressing case and other articles pre- sented in recognition of his valuable services at
are to the Victoris Recreation Club
The manager of the Kwong Wo Loong firm, 356, Quson's Road Central, has informed the police that he has received privata telegrama from Shanghai intimating that a man named Ng Pak Tong has embezzled $43,000 and absconded. He suspects that the man has come to Hongkong.
His Excellency Kao Erh-chien, Chinese Con- misioner to the Macao Dolisitation Conference, accompanied by Mr. Harris, Chinese Commis stoner of Customs, called on His Excellency the Governor yesterday, and afterwards called on
[Protected by the Telegraphic Marrage
Copyright Ordinance 1894.]
[BEUTER'S SERVICE TO THE "BONGKONG DAILY PERSS."
THE WELLMAN POLAR EXPEDITION.
LONDON, June 29th. Mr. Wellman's balloon shed at Spitzbergen has been blown down in a gale, and it is doubtful whether the expedition will start for the Pole this year.
THE MARSEILLES STRIKE ENDED.
LONDON, Jane 29th. The strike of naval Reservists at Marseilles has terminated and the mailboats have resumed their calls at the port.
THE BRITISH HOME FLEET.
tion, so that they might be able to present a united front to the Conference when any controversy arises." Verily, the mountain in labour has brought forth a mouse! Substantially each
anaociations have WINE AND SPIRIT MERCHANTS existed, and in the very nature of the eircumstances, must always exist. The
*Ann London correspondent writes Minority Report differs from the Majorityarn that Mr. and Mrs, Laurance Gibbs will Report in that it disgents from the Andings. Leave in a week or two on their return to the of the former as to the advantages claimed Colony and will go, as they came, by way of for the Shipping Conference and the deferred Siberia. having been highly pleased with their rebate system. The Commissioners who overland journey. Lustend, however, of going form the minority say that the Majority by rail to Moscow they will this time prossed
to Bt. Petersburg. by steamer, Report" overrates such advantages, or roneously attributes some of them to that Bystam and does not give sufficient weight to the disadvantages resulting therefrom or to the dangers incident to the system." Among the conclusions at which the Mino. rity arrive are these: that the Conference system was introduced in the first instance with the object of mising rates or pravouting their fall, and diminishing competition that it has been successful in raising or keeping up rates; that the public have, as a rule, to pay higher rates of freight than they would pay in the open market; that the system has been injurious to "tramps," the strongest element in the British mer. cantile marine; and it leade, as to them, to waste and to higher rates of freight; and they declare also that there is no evidence that the system has appreciably increased regularity of sailing or greatly improved the quality of steamers, "but it has tended to bring about equality and stability of rates. Though the Minority thus flatly declares against the results arising out of the Shipping Conference they are not prepared at present to recommend legislation on the lines of the Sherman Act, and consider that any legiala. tion short of that would be ineffectual order to the Secretary of the Austro-Hungarian will resign the Chancellorship within!
BLEND OF THE FINEST PURE MALT WHISKIES DISTILLED IN SCOTLAND
OF
GENUINE AGE
AND
FINE MELLOW FLAVOUR
PER DOZEN
$16.50
BOBT. PORTER & Co's BULL DOG BRAND GUINNESS' STOUT IN PINTS AND SPLITS.
Consequently their recommendations are A. S. WATSON & CO., much on the lines of the Majority Report,
LIMITED,
ALEXANDRA BUILDINGS.
Hongkong, 2015 April, 1999,
NOTICE TO CORRESPONDENTS.
but with largely increased powers to the Board of Trade ensuring the results of official inquiries being promptly brought to the notice of Parliament. In short, the Minority rely strongly on the effect of full pabloity, which has not httberto existed, to the working of the Conferences. Sir DAVID BARBOUR, one of the Commissioners, it is interesting to note, is of opinion that as check could be applied suficient to protect the public interests without at the same All letters for publication should be written on time involving such an amount of inter. one side of paper only.
No anonymously signed communications that forence with the business of the shipowners as
GNL communications relating to the news Correspondents must forward their names and adtresses with communications addressed to the Editor, not for publication but as evidence of good faith.
column should be addressed to THE EDITOR.
insrited.
the Portuguese Consul, subsequently visiting the other Consule during the day. It is not expected that the Conference will commence its sittings before Monday. General Machado, tha Portuguese Commissioner, returns from Macze to-day.
"Our share in the Shire Line, which trades
THE RESULT OF THE INQUIRY,
LONDON, June 29th. The "Daily Mail" says it is under-
SUPREME COURT.
Tuesday, June 29th.
IN APPELLATE JURISDICTION.
[BEFORE THE FULL COURT.]
was no consideration, yet they were allowed to go elsewhere to prove there was consideration, The other exception was with regard to admia-" sion. The whole idea of a mortgage was to secure some obligation, and it could not be compelled to do any more than that. The effect of the judgment in the Court below was that thean documents were meaningless.
The Chief Juation-I don't think that is the effect of it
Sir Henry Borkoley-You're given our meaning, not theirs.
A COMPRADORE'S LIABILITIES, The appeal was continned against the decision of the Chief Justica in the notion in which Masers, B. J. David and Co. proceeded against their
Sir Henry Berkeley, proceeding, fold the compradore, Chan Ut Chin, to recover $648,316, Court it was well to remember at the ontest the nature of this claim which the sppellants Mesara, D. MacNeil and C. G. Alabaster, made against the respondents. It was that the Instructed by Mesars, H. J. Godge sud A. Jack.respondents aliculd be liable for the debt or son (of Messrs. Johnson, Stokes and Master), default of a third person. Buck a Kability was appeared for the appollants (plaintiffs), while one which must, under the Statuts of Fruda, be imposed by a writing-some written agreement Bon. Sir Henry Berkeley, K.C., and Mr. M. W.
or some memorandum in writing to testify to the In the Blade, instructed by Mr. J. Scott Harston (of agreement imposing the liability. Mesurs. Ewens and Harston), represented the covenant there was no implied liability to pay the debt of a third pornon unless that implication defendants
prose as of necessity from the construction of Mr. MacNeil proceeded with his argument. some written agreement or what was equivalent The points he wished the Court to have in its thoroto. It was therefore at the outset clear mind when it came to the constraction of the that no such liability could be imposed. They had nothing to do with the business relation- agreement were---First, that it was a simple ships of the parties by constraing an agreement ordinary transaction; second, that the docu- by which one sought to make the other liable to Au implication could ments setting forth that transaction were pre- & debt of the third. pared by an experienced and capable draftsman; only azies in the words used in the agreement, or lo put it in another way, the agreement must a firm and a
in expressed language impose the ability to third, that the parties were compradore; fourth, that the compradore was pay the debt, or from the language used, a engaged by the firm upon condition of his necessary implication must arise therefrom. point to a logical conclusion, there would be no executing the mortgage and agreement; To carry his learned friend's contention on that fifth, that the mortgage and agrvoment necessity to have any compradore's agreement contained an enitmeration of the compra- at all. It was evident that they had to look at dore's duties, because (1) it was impossible the written terms of the agreement made to my that they were fully enumerated in the between Messrs. 8. J. David and the respondent and nothing else. The respondent in this caso agreement, and (2) because one of them was contrasted in two distinct capacities: first of all enumerated in the redemption clanse, namely, he contracted as compradore, and then be con. the duty of paying Chinese losses; Sixth, that tracted as surety for the compradors. In the of mortgagor the respondent second capacity insuch as the firm would not engage a
WAB & Barety, and he was entitled to all the compradure except upon condition that he protection which the Courte gave to a surety. entered into this mortgage and agroersent it The mortgage as a security of a surety, and While there was an agreement between the so would make it a little more certain that he parties there was no such agreement as set out would bars to be construed with stringency. would perform bis duties if they allowed him to in the appellants' statement of claim. take them up. In fact, the terms of the mortgage and agreement did make it a little his duties, the conclusion being that this mortgage was intended to secure the perfor points Counsel desired their Lordships to have mance of the compradors's duties. Those were
from London to Coylon, the Straits Setṭlenients, China and Japan, is (said the Chairman of the Royal Mail Line) gradually deroloping, and thirstood that the findings of the Sub-might be assumed that they considered his doing Company is in a position to take advantage of any improvement in the trade of the East, or sur great awakening of China, which many people forstell, which, of course, I fully reale may be many years coming about, but doubtedly China is being gradually opened up with railways,”
When the Austrian Lloyd steamer Ert- hering Fram Ferdinand arrived here from Shanghai, a man who was being conveyed to Austria on a charge of forgery was brought before Mr. Hazeland at the agistracy on Saturday and remanded in gao! until yesterday morning, when he was handed over on another,
Consul, who, accompanied by Det. Inspector O'Bullivan, convoyed him on board the ship, which left here yesterday,
The Singapore Free Press in a leading article on the discussion which has taken place in the Hongkong Legislative Council on the Opium Bill, says: "Like Hongkong we shall need to protest against changes in systems or practic, which Mangate out Sanos by being too La adopted. And we, too, may need to ask for Imperial assistance to augment our sources of revenue, destroyed by the setion of the friends of the present Government. The experience of this Colony, in the past, of the Colonial Office combined with the Treasury, has not teen 80 satisfactory as to lead us to accept un hesitatingly the principle of sacrifice the
revenue and trust to us afterwards to make it
have already appeared in other papers will be to make the continuance of the Rings imposs-up That is what the Hongkong menbers
"Orlors for extra copies of DAILY Pressible, and that is a view which must fores should be sent before 11 am on day of itself strongly on whoever reads the recom
were asked to do, and they naturally objected,
Committee on Imperial Defence with regard to the statement submitted by Lord Charles Beresford dealing with the readiness (or unreadiness) of the Home Fleet, justifies the Admiralty.
It is doubtful whether the Report will be published.
PRINCE BUELOW.
LONDON, June 29th.
more certain that the compradors would perform
in mind when they came to consider the docu- monte. It was not abated that the firm asked the compradore to be their compradore.
The 1. hief Justice --Thers is this fact, if the Arm did not get this compradore they would have got another on the same conditions. I
It is expected that Prince Buelow don't think that aspect can be overlooked.
a fortnight.
[FROM TILE CHUNG NGOI BẢN ĐỘ
VICERGAL CHANGES.
VICEROY CHANG TRANSFERRED,
PEKING, June 29th. H.E. Tuan Fang, now Viceroy of Nanking, has been appointed Viceroy of Chibli.
The Puisne Judge-There is one other point, and I don't know whether it was touched on in the Court below. IL Occurs to me that apparently them losses took place at a time when, so to speak, the bottom had dropped out of the market. Can you name that he intended to secure the firm in all their centruote, or was it not intended to secure them against the default of occasional customers ?
that into it. These agreements were drawn up
in contemplation of the ordinary course of busi
That was to say, a man put up a small security to do a big business which everyone hoped was going to be done profitably. But a time of sudden disaster was liable to come, and then it was that the security proved totally inadequate. He quite understood what the Puisne Judge meant, and agreed with it, but these deeds were drawn up in contemplation of the ordinary course of businem, and the ordinary course of business must involve the
first point of construction, Counsel said he was
publication, After that hour the supply ismendations which the Commissioners have at Shanghai, mentions in his report that there | Viceroy of Canton, and Shun Po Ki Possibility of sudden disaster. Coming to the
limited Only supply for Cash.
Telegraphic Address: PRESS,
Cod: A.B.C. 5th Ed. Lieber.
P. O. Box., 34. Telephone No. 12.
HONGKONG OFFICH: 10A, DES VETI ROAD LONDON OFFICE: 131, FLEET STEBAT. EC
The Daily Press.
HONGKONG, JUNE 30TH 1909.
police,
CANTON,
(FROM OUR CORSESFONDENT.)
27th June, 1909.
A JAPANESE MURDERED.
he hearing was further adjourned.
CASES AT THE MAGISTRACY.
A Chinese shopkeeper was yesterday fined $75 for using unjust, weights and measures.
For being found in possession of opium one man was flued $250 and another was fined $150.
Two men arrested on a charge of pirney at Deep Boy were brought before the Magistrata yesterday and remanded.
On Monday two careless coolles in sharge of a diet cart allowed it to run over the feet of à Chinese, who had to be sent to the hospital. The men were arrested and brought before the Magistrate yesterday and remanded.
The Macao boundary is not the only question of delimitation at present. Apparently there is some doubt as to the boundaries of King's Park at Kowloon, as a Chinese cattle dealor, who was yesterday_swmbowel before Me Empolonai at the Magistracy for allowing his cattle to
stray in the King's Park, was discharged, hin Worship holding that the part indicated was not part of the Park. It was stated that placards were exhibited with the usual restrictive notices en places which were not within the limits af
the Park, and on that ground his Worship dis missed the summons and initimated that the matter should be brought to the notice of the proper authorities.
}
An extraordinary stabbing stray was brought to the notion of Mr. Hazeland at, the Magis- troy yesterday when a fourteen-year-old boy was charged with injuring another boy By
stabbing him with a knife. It appears that
́an absolutely unambiguous covenant to pay the the victim was carrying two baskets of losses under Chinese contrasts, and for this tripe and was on his way to Yaumati when he simple reason that the mortgage contained an sat down and rested near the Glasworks. Ho. enumeration of the compradore's duties, and had only been sitting a short time" whon he ← duties" menet things which the compradore | discovered another boy attempting to steal from was bound to do, and if he chose to state in his baskets. Naturally he resented this and a sa agreement or a mortgage what his dalies quarrel ensued, during which the sailant drew were he was compelled to perform his duties a knife and stabbed the other in the back. It appears that the foreigner who was
mak entered into the service of He ran off immediately and threw the knife into murdered at a village in the Tsang Sheng someone else to perform certain ixties (the the harbour, but was subsequently arrested. Tha District was a Japanese travelling agent. It is arrangement might be verbal), he undertook to other boy had to be sent to the hospital to have his reported that he was representing a firm of do those duties when he entered that man's injuries dressed. Fortunately the wounds were Japanese chemists and droggists. The Japanese service. If, on the other hand, a party embodi- not serious. His Worship ordered the defendant had a coolie with him who was carrying his ed the arrangement in writing the dution to receive twelve strokes with the birch and to luggage; the villagers airdered both of them and were undertaken in writing just as they be detained for forty eight hours. threw their bodies into the river. The Japanese would have been undertaken verbally in He maintained Tice-Consul amal several deputies of the Viceroy the first mentioned case.
A CRY FROM CHINATOWN. are investigating the matter.
with great confidence that the compradore had undertaken expressly and without the Complaints are rife in Chinatown as to the mallest shadow of ambiguity to pay the losses restricted water supply. At present the water incurred on Chinese contracts. If more was is run only for two hours, a period which is quite required, the mortgage deed gave express power inadequate to enable the people to get what they to desmad from the compradoro the payment need for cooking or for washing purposes. of Chinese losses. He would mabait, farther, There is a feeling that they ought to be allowed that there was an equally expressed nuder- more, as in the tenements it means that the
clause 8 of the agreement.
water and do not allow the others abore them taking, quite free from ambiguous terms, in people occupying the first floors draw all the Mr. MacNeil, proceeding after tiffin, said the to obtain a supply at all. Even the street pipes destraction of a missionary house-boat by a mob words in clause 5 of the agreement. "as are not sufficient to meet the demand, and in Koon Yew some time ago. The matter was aforesaid required an absolutely rational it is generally known that folks have to settled by the Foking authorities and the meaning. They had, as far so he knew no wait there for hours and perhaps fail to get any United States Minister,
meaning in English except as mentioned above even then, while the struggle to get water often "and already referred to." Their Lordships leads to fights and disorderly scanes. The
H.E.Chang Jen Chung, now Viceroy of the Two Kwang Provinces, has been appointed Viceroy of Nanking.
Yeang Shu Fon, now Governor of Colonel Bruce, the Superintendent of Police Shantung, has been appointed Acting made. It now remains for the Clovernment are a great many unemployed foreigners in to take some action on these Reports, and Shanghai, so many that their number would is appointed to act as Governor of prepared to maintain that this mortgage contained the publication of the regulations which come as an unpleasant surprise to many people." Shantung. must result from the presentation of these Thars seem to be three classes of them: Un- Reports will be awaited with eager interest employed, honestly so-called, who would work if they had the chance; Unemployed who don't ia rhipping and mercantile circles,
It is of interest to note in this connection want to work at all so long as they can Rad other people to keep them, and whose desig that final judgment has quite recently been nation should rather be Unemployable; and lastly rendered in the United States Circuit Court growing youths, mainly Eurasian, who in an action started six years ago against require to be strictly and constantly supervised the South Africau Shipping Ring" by a in order to keep them out of mischief, and, THE Reports of the Royal Commission on
firm of exporters who shipped goods by out regret to say, at times out of crime. Lary Fhipping “Rings” (a lengthy summary side steamers as well as by those of the and obtaining goods under false pretences figure of which appeared in our Monday's issue) "Eing, and consequently disqualified them amongst the chief crimes of which these youths are naturally of considerable interest to the selves to claim deferred commission in guilty. How to secure these boys a chance to live respectable lives fe, the report mys, a mercantile communities in the Far East. respect of their shipments by "Conference" This Commission was appointed nearly two steamers. They sued the lines concerned matter for the community rather than the years ago to inquire into the operations of ) for damages sustained, claiming that they the Shipping "Rings " or Conferences had been deprived of $5,560. The final
The Viceroy is negotiating with a German generally, more especially into the system of court of appeal has now held that the Although the announcement has been made firm here for the purchase of a steamer which deferred rebates, and to report whether such Conference system is in restraint of com.in several local newspapers, it does not seem to will run to and from the Paracel Islands. The operations had caused or were likely to petition in foreign commerce and cons be generally known that a Cat Show is contem-vessel, which is now anchored off the Sameen cauas injury to British or Colonial trade, travanes the Federal Anti-Trust Statute,
bund, has been inspected by Admiral Li Tann. and, if so, what remedial action, if any, and under section 7 of that statute the should be taken by legislation or otherwise. plaintiff are entitled to recover treble the The result of those labours is two elaborate damages sustained. A verdict was given in Reports-M jority and Minority Reports their favour for $25,180. We cite this which do little more than give to the world judgment as adding force to the finding in description of the operations of the "rings the Minority Report that the Conference and suggest systems of control, short of system "gives a country, such as the legislation, to check the admitted disadvan- United States, in which the system is ages which are inherent in monopolies of all illegal, an advantage as compared with the kinds. Even the Majority could not avoid United Kingdom." the conclusion that a Bhipping Conference On Monday afternoon a passenger making use of a system of deferred rebates Yanmati ferryboat jumped overboard and was -does-possess, so far as the shipper of general drowned.
merchandise is concernet, a limited mono- poly but they considered that where a regular and organised service is required the Conference system, fortified by some tie upon the shipper, is, as a general rule, neces.
a
THE FORTHCOMING CAT SHOW.
plated at a not remote date. It is believed that the idea come from His Excellency the Governor, and the matter is now in the hands of the Sanitary Department. What steps they have taken in the mattor have not transpired, but we
are informed that a committee representative of both sections of the community bas been appointed to make arrangements.
Of course there can be no al without a prize fand, and though the prizes awarded will
PURCHASING A STEAMES,
COMPENSATION TO MISSIONARIES. A few days ago $1,500 was paid ever to the United States Consul General here by the Chinese Government as compensation for the
not be large or valuable it nevertheless entails INFANT ANTI-CHRIST TRAMPLED might think he had not reformoil to them, but Chinese complain of the hardship of paying for
a considerable, sum of money to provide the prises. Subscriptions to this prize fund are to
the
be invited, and doubtless there should be a good, response from our wealthier citizens
a
Jur representativo made inquiries yesterday and learned that the matter is being serions
TO DEATH.
SUPERSTITION IN RUBSLA.
The forty Russian posants who were charged with the murder of a two-year-old boy, whom they trampled to death in the belief that he w
he said he had, and it was for the Court to say a water supply which they do not get. It whether any words in that clansef justified his means in many cases that there is no water statement that he had mentioned them.
with which to wash in the morning and none to Mr-Alabaster said he would proceed to the make the morning cup of tea. We pass on the points his learned friend had left untouched. complaint to those to whom it is intended it.
Mr. A. Beth, who has recently relized from
A letter dated the 9th inst. from London via jy taken up. He was told that the cets "Anti-Christ," and as such, responsible for the The first of those was that the learned judge in should reach, the Siberian route was delivered yesterday in would be judged on certain well defined 'dis. failure of their crops, hava just been tried. All the Court below had finally davided to ignore Hongkong, 20 days in transit.
For instance, a certain shaped head betrays clean. crime, who, says Reuter's St. Peterburg cor- the ground that there was a well-known rule the office of Registrar of the Supreme Court. tinctions which indicate certain characteristics were sequitted except the instigator of the admission in the bankruptcy proceedings on The Douglas Fteamship Co. announces a liness, and other points can be judged a reapendent, was found to be suffering from where an agreement was reduced to writing leaves for a holiday at horas to-day. reduction of 20 per cent. on Girst class fares to similar way. Having in mind the Board's idea religions manis. sary. They attribute to the system the Foochow during the months of July, August of the value of cats as rat dritters, most remarkable cases of superstition recorded was quite true that that was a general rule, {
if there would be any awards
-advantages " which are usually associated and September.
with monopoly, viz. organisation, economy in production, avoidance of wasteful competi tion owing to duplication &e," but they are constrained to mention that the system
he asked The killing of this baby boy was one of the that evidence obtained was an admission. It and he was further informed with a mile, that in modern times. Firmly convinced that the
The bowling competitions on the Kowloon
The first the recent propitious weather and the Com- A Chinese widow, residing at 192, Hollywood the qualities of the felines in this direction wonid child's presence in their village was the cause of but like many general rules it had exceptions, Bowling Green have been interfered with by
be tested by properly organised rat hunts. If the failure of their crops, the peasants halda and there wore two in this instanca. Road, reports to the police that yesterday that bo so, there can be little doubt of the success council, branded him as Anti-Christ and, was with regard to consideration found mittee have arranged for an extension of time while she was asleep in the house someone stole of the forthcoming exhibition from the public with the consent of its father, trampled it to where a document which continued a contract in the second rounds, the rounds to be finished from her person ten $10 notes and a promissory, standpoint Such rat hunts will be sure to draw death, the mother being the only person. te between the parties expressly stated that thers by the 7th July Instead of the 30th June note for $500.
protest. largt gatherings.