SUPREME COURT.
Thursday, 12th August.
IN ORIGINAL JURISDICTION.
BEYOUR THE FULL COURT.
HONGKONG MILLING COMPANY V. ARNHOLD, KALBERG & Co.
The sixth day's session was reached you terday in the action in which the Hong kong Milling Company, of which Mr. H. Peroy Smith is liquidator, claimed $100,000 from Arnhold, Karberg and Co. for damages, for alleged failure to supply an ice-making plant according to stated requirements. Sir Henry Berkeley, K.C., and Mr. M. W. Slade, instructed by Mr. John Hastings, appeared for plaintiffs, defendants being represented by Mr. MacNeil, from Shanghai, and Mr. G. C. Alabaster, jnstructed by Mr. H. W. Looker, of Moяers. Descos, Looker and Deacon,
When the Court int the Chief Justice nanounced that they would be unable to con- tinne on Friday or Saturday.
Mr. MacNeil aid he was instructed to ask for at least half a day, wither Friday afternoon or Saturday morning, for the convenience of the cliente,
The Chief Justice-It is not possible. We have such an accumulation of work both in summary jurisdiction and in chambers,
Mr. MacNeil thought the case would finish early next week.
Co. That at once gave rise to" inquiry in the minds of the persons claimed against as to the reasons of this Imitation. He sup. posed that azy principle of law which justified a claim for five years would justify a claim for ten years. Another point was that the claim for damages was for five years, and the warranty was that the plant would do its work for one year. That also necessarily gave matter for thought and cansideration, because a particular plant was sold to do a particular kind of thing, and the seller said if taken over in proper order it would do its work for a your, but beyond that time he would not guarantee it. There was no reason whatever to suppose that Borsig's machine, if taken over, would not have done its work satisfactorily for five, ten or twenty years, but, on the other hand, there was no reason to suppose that it woukl However, if the machine worked for a year, that was all the guarantee the manu- facturer had given.
The Puiana Judge- Supposing the machine did its work for thirteen months, you say there could have been no claim?
Mr. MacNeil did not think there could be, There must be a limit placed on the time for which a thing was warrantol. He was at a loss to sou how any claim could be raised in this action on the warranty for more than one year, for which time the plant was guaranted. Under the contract between the Milling Company and Messrs. Jardine, Matheson and Co. the limit of sapply was 6,500 tons of ice in the your. On The Chief Justice thought the hearing would coming to look at the claim it was found that take two days more, possibly two and a half the lowest profits were calculated upon « emp- He thought it would have to go over to Monday,ply of 7,200 tons, 1,000 tons in addition. as they had another case on hand to consider. His Lordship wished to ask Mr. MsoNeil about the point.ho argued yesterday with regard to the interpretation of the word quality. He wished to know whether Counsel intended to raise the point of latent ambiguity. -
Mr. MacNeil said the word quality was in the
contract.
•
The Chief Justice said Counsel had indigoted that there was an ambiguity with regard to the word quality, and therefore it seemed to him that the argument tended rather to introduc the law us to latout, ambiguity.
Mr. MuoNeil said that came in necessarily. The contract contained the words clearness and quality, and quality might mean anything besides clearnego.
A
The Puiste Judge statial that on the provicus day Mr. MacNeil had raised a point as to Mr. Rennie's knowledge. It seemed to him that in the absenon of fraud that could not be admissible. Mr. noNeil said he had raised no question of frand, but he had stated that Mr. Rennio well knew at the time the nature of the plant life was buying,
The Paisno Judge-Unless you can bring in the principle of latent ambiguity it seems to
ma it would not be admissible.
Mr. maoNsil-The contract was for can ice.
The Paisse Judge-If you had pleaded fraud, the knowledge of Mr. Reznis probaoly
would have been material,
Mr. MacNell Mr. Remie bought Borsig's plaat with a specification as to its being a can plant. Anything turning on Mr. Renaie know- ing that the plant he was buying had cans in it is surely relevant,
The Chief Justice-It seems to me that the question of latent ambiguity is s question of fact, and the Court has to say whether this word "quality" is a latent ambiguity. Then 5. Rennie's knowledge comes into other parts of the case. It may relate to the quality in question or it may not.
Mr. MaoNeil-I propos to leave what I have said to your Lordships for further consideration. The Pajane Judge--Do you say the word "quality" is an ambiguity?
Даньши
Mr. MacNall-The word "quality" mean anything in our warranty besides clearness. Mr. Blade-I gather the latent ambiguity is alleged in the word clearness,
Mr. Stade-If that is the figures can be corrected. Proceeding, Mr. Blade said the comment was perfectly unjustified on the parti colors. That was only a detail showing how the estimate loss of profit was arrived at. If his friend turned to the previous page he would find that the estimated less of proft was 835,000, not $52,000 as he lad put it,
-
of
the
open.
THE HONGKONG DAILY PRESS FRIDAY, AUGUST 13TH, 1909.
of this Colony and in THERE IS SKILL AND HÖNGKONG GENERAL shoes. A proclamation was fained by the in the waters
Haikuas Tro in March 1908 (vide p.142 other orowded · anchorages and possibly CHAMBER OF COMMERCE.
boo to give a WAIN-] our 1908 Year Book), which ordered oven in the melting shope to issue space of 992 ing on the whistle of a steamship's - THOROUGHNESS Minutes of a Monthly Meeting of the fineness; but this proclamation has been proach to small craft whose presence or course a dead letter, The position then is this might constitate danger either to themselves or Genoral ommittee of the Hongkong General
This signal appears to OF CONSTRUCTION Chamber of Commerce held in the Chamber That the former carrency of debased sycos, to the steamship. Room, St. George's Building, on Tuesday, the lower than 992, which formed the currency of, consist of one or more blasts or toots.
The neces ity for this warning is particularly 3rd August, 1909, at 4.30 p.m. Present:-Hon. the port, has been demonetised and that no Mr. E. A. Hewett (Chairman), Mr. J. R. M. effective steps have been taken to replace same Smith (Vice-Chairman), Hon. Mr. W. J.by another currency. This has led to a stato Growson, Messrs. A. Babington, J. WC of confusion in all financial transactions to tho Bommar, J. W. Bandow, D. B. Law, H. A. detriment of trade. Siebe, E. Shellim, H. E. Tomkins and E. A. M, Williams (Secretary).
MINUTES.
ABBITRATIONS AND SURVEYS ON PIECE
GOODS,
Things have reached ench a pass that a pay ment of Tls. 1,000,000 recently required to be made on Chinese Government account to one of The Minutes of the last Monthly Meeting of the banks could not be made, owing to their the Committee were confirmed.
having no sycee of the requisite fineness.
On 18th instant, special meeting of this Chamber was held, and a long resolution was adopted demanding that the debased sycee shall be recalled, replaced and remelted, and that an efficient control of all syoue melted in future should be maintained. I have the honour to
cover copies of cor send you ander separate respondence, and of the minutes of the meeting referred to.
The following reply to the Bradford Chamber
was read-
Hongkong Chamber of Commerce. Dear Sir,--I am directed to your letter of 11th May, 1909, in which you express the dissatisfaction existing among Exporters of Worsted, Woollen and Cotton Goods, whose product has been the subject matter of dispute between themselves and Eastern Buyers.
My Committee do not know in what particulare the system adopted by the Bombay Chamber differs from that of the local Chamber, but have written for details and upon their receipt will give the matter their further consideration.
I am to state that my Camulitee have had full confidence in the ability of the Arbitrators and Surveyors elected by them from time to time, and cannot but believe that the error of judgment in with the Exporters of the cargo in dispate,
The Committee was instracted to invite the co-operation of the other Chambers in China, fasta and I feel confident in laying the before your Committee that they will wel- come the opportunity to co-operate with ne
apparent in this harbour where steamers, when coming up to their buoys or their wherṛes, have often to be steered at such a speed as to preside their being under full steerage way, rendering them often unable, owing to the crowded state of the harbour and the influence of the tides, to avoid small craft which othar- wise they would be bound to steer clear of.
IN ALL
PIANOS
WE IMPORT
Under regalation 21, as at present framed, a steamship cannot adept the castomary method of warning small craft without being liable to STAMPING THEM IN EVERY WAT conviction for a nuisance. On the assumption that the giving of these warning whistles is in accordance with the ordinary practice of nesman, SUPERIOR VALUE Regulation 21 would also seem to be contrary
regulation No. 6 of Table "M." pin-
to
6. All vessels irrespective of size shall, BUILT THROUGHOUT FOR whether in a Fairway or not, observe the International Collision Regulations, and no vessel whatever shall ancher in any of the Fairways,"
and to Regulation No. 29 for preventing col- Ilsions at sea.
DEACON. LOOKER AND DEACON.
After consideration of the matter by the Com- mities the following reply was sent:-
drging the Diplomatic Corps in We would invite the attention of your ship.. Poking to insist on the long promised reformping members and of your Committee to a con- of the currency being carried into effect. There sideration of the above foots-We have, &c., is a strong feeling in this Chamber that wo can go on writing despatches interminably without producing any effect, and, as one speaker pointed out at our recent meeting, the foreign community have a very powerful lovor If the Bradford 1 hamber of Commerce can in the payments, they make to the Customs. I bring a clear came to the notice of my Committee, our united representations again bear no fruit showing that they are justified in animadvertit might be worth considering whether col- ing against the decisions of our local Surveyors, bined astion of all the Chambers in the gener in the manner they have done my Committee indicated would be advisable. will thoroughly enquire into the matter.--I am, &c.,
was read:-
E A. M. WILLIAMS, Secretary.
Mr. MacNeil said there was a farther point to which he wished to direct spasial attention. There was a clause in the agreement, between Mr. Rennie and Mossrs. Jardine, Matheson and Co. to the affect that if the price of ice fell The following letter to the Bombay Chamber below what it then was, namely, 11⁄2 cont per pomnů, the Company was to allow the Milling
Hongkong Chamber of Commerce, Company s proportionate reduction in their five.
30th June, 1909. eighths, but not below four-tenths.
Dear Sir,-My Chamber has received a boon distinctly proved by Mr. Haxton that the consequence of the Oriental Brewery competicirealar letter from the Bradford Chamber of Commerce in which the system adopted by the tion was to put ios down to half a cent a pound.
Bombay Chamber of Commeren for dealing with disputes in respect of alloged inferiority in the quality of Worsted, Wellen and Cotton Goods
It had
in referred to...
My Committee would much Bke to know the procedure of your Chamber as to appointment of Arbitrators and Surveyors, so that they may bring ourselves into line with you. Th
Any information you can give me on this point will be much appreciated.-I am, &c.,
E. A. M. WILLIAMS,”
Lecretary.
F
200
The minutes, which I forward. ing to you, will,' I think, give anides of the serious financial situation here, and, ne the agent of one of the banks pointed out, breaking point may be reached at any moisent.
I feel confident in approaching your Chamber that we shall have your full support in another united endeavour to secure the long promised currency reform.
We are communicating in the above sense with the Chambers of Commerce at Phanghai, Hankow, Tsingtan, Newchwang, London, and Manchester, and I feel hopsful that if we unite in taking firm action we shall be able, under the new Chinese régime, to secure the desired reform.—I have, &c.,
W. E. SOUTHCOTT, Chaimaas.
The latter and enclosures were duły acknowl edged in a letter which stated that this matter was receiving the attention of the Committee of tho Chamber, and subsequently the following reply was sent
Hongkong Chamber of Commerce,
10th August, 19.9. SIR, I have now the honour to reply to your letter dated 28th June, 1909, on the question of Currency Reform in China.
Hongkong. 7th August, 1909. GENTLEMEN,—My Committee has now.com-
sidered your letter dated 23rd July, on the subject of Regulation 21 of Table “x” of the Merchant Shipping Consolidation Ordinance No. 10 of 1899 and its relation to the control of nuisancos caused by the unnecessary blowing of steam whistles in the harbour.
THIS OLIMATE.
ROBINSON PIANO
CO. LTD.
[36
on the line by night is impracticable. Tranait between Autung and Mukden requires two full days.
It was to remove these defects and to make the road available and efficient for commersial purposes that the improvement stipulation was inserted in the said Supplementary Agreement of 1905.
y
By the opening of the Mulden-Fusan Line, My Committee would be glad to know in what particular you would suggest the existing another route will be established for juter-on- tinental intercourse between Europe, Japan, and regulations should be amended in order that the Far East generally. The new route will they should not interfere with the ordinary have the advantage of reducing the sea voyage precautione considered to be desirable by Masto ten hours, but in order to make the route effective and neeful it is necessary that it shall tors in the navigation of the harbour.
Tahould be glad to hear if you would be good have the same gauge and efficiency as the enough to act on behalf of the Chamber of Korean and the South Manchurian Railway Commerce in this respect, and draft amending systems, to which the route under consideration regulations to take the place of the anworkable will be the cupecting link. sections referred to in your letter. I have, &c.,
E. A. M. WILLIAMS,”
Secretary.
Messrs. Deacon, Locker and Deacon.
TRADE MARKS BILL. 1ko Secretary submitted the following ro port of the Sub-Committee appointed at the Iset Mosting to consider the Bill: -- Recommendations of the Sub-Committee ap
pointed by the Hongkong General Chamber of Commerce
Trade regarding the Marks Ordinance.
ден
Improvements which are absolutely essential inolade the building of bridges, boring of tan- gels, straightening and grading of the line, and the changing
Of the gange similar to the Korean and South Manchurian Railway sys- tems. With these improvements the distanco will be shortened, time of transit between An- tung and Mukden reduced from two full days to eight or nine hours and the general officionoy. of the line will be established. Without them the Railway will remain as at pressut entirely unless for commercial purposes.
Mr. E. Arndt deposed to being lately in the employ of Messrs. Arnholl, Karberg and Company, which firm he first joined in 1898. He first made the acquaintance of the late Mr. Rennie in 1905, when he sold his scima Deisel engines. Witness was then managing the machinery department of Messrs. Arnhold, Karberg and Company. In the same year Mr. Bennie spoke to witness about machinery for the manufacture of ice, and he gave Mr. Rennie some memorauds referring to a plate ice plant which it was proposed to erect at Shanghai, as well as Borsig's and de la Vorgne's catalogues. Mr. Bagme then asked for an estimate, and the firm got one from
The following reply from the Bombay Cham- Borsig. In October, 1907, Mr. Rennie told him that he had an idea of installing an ice plant at ber of Commerce was read Junk Bay, and witness told him he would give.
Chamber of Commerce, him an estimate based on Borsig's. Mr. Ronnie
Bombay, 16th July, 1909, consented, and later witness supplied him with
Dear Sir,- In reply to your letter dated 30th an estimate. At that time Mr. Rennie said nothing about the kind of ice he wanted. He June regarding the procedure adopted by this said he wanted 24 tons a day of class ice. Chamber with reference to the appointment of Aothing was said abeat the Hongkong Ice Arbitrators, I have pleasure in enclosing herein Company or Mears. Jardine, Matheson and Co.. and nothing was said about the disposal a copy of the rules and regulations governing of the ice. Witooss told Mr. Rennie that all disputes sabraitted to the Committee. 1 the estimate he was going to offer was for a may mention that surveyors for private surveys can ice plant, and Mr. Bennie made no objec
are not appointed, it is only when both parties tion. Subsequently, however, he made a coun-- ter offer, and after a number of wires between to a dispute submit separate statements of their Hongkong and Eerlin his offer was sccepted. cam direct that arbitration is undertaken and What Mr. Ronnie chiefly insisted on was time
B award given. Both parties must also ex- of the order of delivery. After the acceptance Mr. Rennie toll witness that he had sold the press their willingness to abide by the decision.
When surveyors who are adopted by the ico he was going to make to Messrs. Jardine, Matheson and Co. for a number of years.
The examination of Mr. Arndt was continued disputants themselves are unable to agree the THE BLOWING OF STEAM WHISTLES IN THE expressed Ins thanks to the gentlemen who at their desire to begin the purchase of the land
after the tiffin adjournment. He told the
matter can be referred to the Committee of this
My Committee are fully prepared, as they have always been, to take part in any concerted action having for its object the improvement of the present state of affairs to which you call attention. It is presumed that the present endeavour will take the form of a joint memorial, and my Committee will be glad to receive a draft of it in due course. I ani, &£,,
E. A. M. WILLIAMS,
Secretary. W. E. Southcott, Esq..
Chairman, Tientsin Chamber of Commerce,
HAEBOUL.
The following letter from Massis. Deacon,
Who Chief Justice-On that wo huye hadi Court he was present at the inspection of the Chamber for an Umpira's decision. Locker and Deacon was read
detinite evidence. We discussed the question of clearuss and transparency yesterday.
Mr. Slade The only way to interpret the words of the contract are, if it is proved that by reason of the customs of a particular trade the words wluch have & plain English meaning bear Bome other meaning, then there is a latent ambiguity. Plain English words are given plain English mexning.
The Chief Justice--The eastom of a trads is one thing, but there are others, I think it is al scenrate statement of law that the fact whether a term in contract is latently umbiguous is a question of fact for the Court,
Mr. Sleds-It is a question of fact to be both pleaded and proved.
The Chief Justin-If the Court comes upon a word it does not understand, the question of latout unibiguity arises.
Mr. Blade-If it has been plented and proved ambiguons,
ice plant on June 23rd. Those who accom panied him on the launch were Sir Pan! Chator, Mr. Ross, of Jardine, Matheson and Co., Mr. Gibson, Chard and Mr. Wilks. At the inspection Mr. Haxton, of the Ice Co., was also present..
In sending you the enclosed pamphlet I oxpress the hope that it will prove of practical utility and furnish you with the inforation you desire to obtain.Yours faithfully,
The Secretary,
J. B. LESLIE HODGERS
Hongkong, 23rd July, 1909. Sir,-We desire to call the attention of your Committee and especially to those Mombers of it who represent, sizipping interests, to the 31st Cross-examined by Mr. Slado, witnom said he
Hongkong General Chamber of Commerce, regulation of Table "M" of the Merchant had not had experience of ice manufacturing
Shipping Ordinance No. 10 of 1899. The object machinery before he made enquiries on behalf of Mr. Keanie. He was not an engineer, and
of thin regulation is to control the nuisance his information regarding auch machinery was
The following letter from the Tientsin Chamaj caused by the unnecessary blowing of steam acquired from catalogues and from his experi-
whistles in the barb ur. The transparent iceber was read:- enes in Hongkong."
apparatna for making can
In the original regulations published simul- apparatus was an ice clear.
tannusly with the Ordinance, the regulations ran as follows:-
I don't want to have any confusion. We understand each other that clear los means transparent ios I don't know about that.
Clear and transparent are interchangeable words ?--I don't know:
You said that yourself just now ?--I say it means clear as far as it can be made in a can ice plant.
It menas transparent? Yes.
Those two words mean the same?-The word transparent in this case, in my opinion,
The Chief Justice intimated that the Court means not opaque.. would consider the point.
Mr. MacNeil, continuing his address, reiterat ed his previous statement that he thought Mesara Jardine, Matheson and Co, wanted the ics if it was merchantable, and he thought they mast have been influenced to reject it by the peculiar circumstances of the Milling Co. So far as he knew, up to the time of the actual rejection by Jarnes, they were prepared to take ice on the can system.
Mr. MucNeil was about to road some corres, pendence when
Mr.
Slade raised the objection he had taken on the previous day, that letters between Jardines or the Lee and Milling Companies were not receivable to evidence.
The Court decided to hear the correspondence, hat decided to leave Mr. Slada's objection as proposition of law to be raised later.
Mr. MacNeil, continuing, said the claim for loss of proft extended to five years instead of ten years, the length of the eatrot with Mosars. Jardine, Matheron and
CURRENCY QUESTION.
Tientsin Chamber of Commerce, 28th June, 1909.* SIR,I have the honour to invite the co- operation of your Chamber on the currency question, which is a matter of vital interest to all the commercial committees in Ching,
The question has again been brought vividly before this Chamber by the wholesass depre cistion of the local currency, and matters have reached an impasse.
"In inviting your co-operation you will per
From the catalogue and Mr. Borsig's lettershape allow me to explain in some detail the did you understand that he claimed with his present situation of the local currenoy.
ta apparatus
manufacture transparent ioe?- Yes, with the exception of a core.
If the machine turus out ice which, besides the core, has a grout number of air needles which render it not transparent, do you think Borsig has carried out his contract I don't know whether it was not transparent You think it is perfectly legitimate for Bonig to supply ice with a large number of air needles in it? Yes,
Air, noodles don't make any difference to desrnees? No."
as
The fineness of the local Hongpingus Pao syces is supposed to be .992, and the shoes are so stamped, but no coutral has for some time been exercised over the melting shops, and the touch deteriorated to anything round about 965. In February, 1908, the Commissioner of Customs issued a notification (vide pp. 49-50 of our 1908 Year Book) that owing to the deterior- ation of sycee an extra 2 per cent. would be You've got no complaint against Eorsig, and imposed on all duties. It was not until Septem- we have nons against you on the subject of air ber, 1908, after much agitation, that this illegal needles P-No.
charge was done sway with, but we were unable consequence of the advice
to induce the Chinese Authorities to acknowl- of Mr. Ormiston that you asserted that
ice is as clear the Hong-edge their ability for the currency in spite kong Company's ice I am not gulded by of the fact that all malting shops were required Mr. Ormiston's advice.
Do you sort, apart from the cors, that your ice is ns as that of the Hongkong Company
And that is just what Mr. Ormiston advised you to do, eh Mr. Ormiston has nothing to do with my opinion.
Was it in
Jour
65
The cross-examination of Mr. Arndt had not „concluded when the Canet adjourned....
"9. No Steamship when at anchor near or lying off the Prays, or when moored to or wailing at any wlurf or landing-places, stall
the steam whistle, nor shall such steam- ship, when under way, use the steam whistle, except for the purpose of giving necessary notice of her approach towards any other Tessel "1
10. No steamship when entering or leaving the Harbour, or when at ancher therein, shall use her steam whistle, except for the purpose of navigation or to avoid collision. The use of such steam whistle for any other purpose is hereby prohibited. "..
These regulations were amended by the Gov. ernment Gazette of the 10th March, 1969, page 342, and the following regulation was substituted for the two quoted above-
The Japanese Government, with a view AAs regards Clause 35. p. 6 Non-user to make the Antung-Mukden
Railway of Trade Mark," It le proposed that the svilable na soon as possible as a connect- time limit be abolished altogether, as a ing link between the Korean and South Mon- ticket once registered should be the pro- churian systems in the great inter-continental perty of the Registered owner for all time. trunk line,entered into private negotiations with B-As regards Clause 39 p. 7. The Sub China. As this proved shortive the Imperial Committee uphold the position taken up by Government officially proposed to China in the ommittee of the Chamber of January last to dispatch Commissioners to Commerce in their letter to the Colonial
The survey the line.
proposal having been Secretary dated 23rd October 1908, to the agreed to the Japanese and Chinese Com- Affect that "Registration does not confer missioners made and agreed upon a joint survey a right. Rights are conferred by usage of the proposed route with exception of a Registration ais souly one of a "number of small section some twenty miles in length, be- safe-guards to such
This work tween Mukden and Chenhsiangtan. rights" C. Rule 28 p. 12. Hearings," "Three was completed early in April and steps were
months" to read " six months.”
immediately taken to report the result to the I.... Rule 33 Opposition to Registration p. Chinese Government, As, however, the roate 13. "Three months" to read “Six months" between Mukdea and Chonghalangian remained Rule 34 Counter Statement p. 13. One to be discussed between the Governments, the
month "to read "Three months."
Imperial Government, in order to prevent un- Hongkong, "tat July, 1909.
necessary delay, proposed to the Chinese Government to commence work on that portion of the line East of Chenhsiangtan, which had been duly surveyed, leaving the Mekdon section for subsequent examin Chenhaiangtan stion and adjustament, and they announced
The Sub-Committee's recommendations were unanimously adopted and it was decided to for ward them to the Government.
The Chairman, on behalf of the Committee,
on the Sub-Committee.
required for the railway.
Ubina, having recourse to, her well known PATENTS- ORDIMANCH 1892
policy of obstruction and procrastination, The Government forwarded for the consider oraded the just and reasonable demands of ation of Committee a copy of a Bill entitled in Japan and raised questions regarding the polica 1892, Ordinance to amend the Patents rdinance authority in the railway zones and the which has been read a first and second time by withdrawal of railway guards. Finally on tae Legislative Council of this Colony, together June 24th last they sent a reply which if with a copy of a letter from the Hongkong concurred in would wholly nullify the provisions Law Society dated the 6th instant and a copy of the arrangement of 1905, and disregard the of a Memorandum dated the 12th Instant by the survey agreed to by the Commissioners of the Crown Soliciter, whose suggestions are accept two Governments. able to the Law Society His Excellency the! That reply besides reviving the questions Governor inquired whether your Committes of the railway guards and police authority concurred in these amendments.
and raising other immaterial issues which
A reply was returned that the Committee would appropriately lead themselves to separate saw nothing to object to in the amendments negotiations, declared that the work of improve covered by the Ordinance as altered by the Lawment must be confined to the existing tract and *ociety.
that no brouđaning of the gangé could be permitted
THE ANTUNG-MUKDEN RAILWAY.
STATEMENT BY' JAPAN.
The Japanese Government has issued the following statement on the Antung Mukden Railway Question :—
The Imperial Government, reluctant to take measures fending to impair the good relations which exist between hina and Japan, comfined their action to an oudeavour to induce China to reconsider her untenable position and to adopt. the course consistent with the manifent intention of the parties to the engagement of 1905.
China, however, still maintșina an unyielding and unaccommodating attitude which gives no promise of anything but vain and unprofitable negotiations...
It will be remembered that the Eight railway between Antung and nken was built by Japan during the late war, for military purposes. As the line was constructed in haste, it was wholly
suited for ordinary commercial purposes, in this situation the Imperial Government is When the South Manchurian Eallway was compelled to take independent notion and, with transferred to the Japanese Government, the out waiting for the co-operation of Chinese necessity of a connecting link between that line Authorities, to proceed to carry out the noos and the Korean system became apparent, and sary works of reconstruction and improvements according to Article VI of the Supplvention with the survey of the commissioners of the two according to their treaty rights and in harmony. agreement to the Manchurian
only had the right to maintain the military mil of Peking of 1905, it was agreed that Japan not Governmenta.
way in question, but she was to improve it so as LATEST STEAMER MOVEMENTS.
to make it fit for the conveyance of merchandise
of all nationale, or, in other words, to transform The H.A. Linie str. Spezia left Manila on purely military line into a commercial railway the 10th instant p.., and may be orpooted
The existing & atung-Mukden Military Rail- here to-day- way has a total length of 188 milse and a gauge of 2 feet 6 inches.
To
The CÑ. Co.'s str. Chinhua left Shanghai
inst.
21. No steamship shall use her steam whistle except for the purpose of navigation ne laid down by His Majesty's Orders in Council in Articles 15, 28 and 31 of the Collision Regulations.“
avoid the construction of tunnels and on the 12th inst, and is due here on the 15th bridges, for which there was no time, the line- The effect of the present regulation is that was given a wide detour, and many steep for this port via the Straits on the 10th instant, The Indo-Chins etr.. Inisang left Calcutta unless a steamship blows her whistle when in gradients and short and sharp curves, so swing and may be expected here on ar about the 26th the waters of this Colony strictly for the to these defects there is naturally frequent inst purpose of regulations 15, 28 and 31 of the danger of derailment. The hunting capacity of Silk shipments per 0.8, K. str. Tacoma Maru the locomotives is very small, three or four cars per cent. has been charged on all duties, and we regulations for preventing collisions at sea, a
which left Hongkong on the 3rd ultimo, was have, up to the present, been unable to secure naissue is committed for which the Master portions of the line where the grades are atoop,
constituting maximam train and in some delivered at New York on the 8th inst. the abolition of this imposition.
The 0.8.K.'s Trans-Pacific liner Seattle can be fined.
trains have to be divided inlo, two or more Maru (second new steamer) loft Moji on the understand it is separate hauls. The speed capacity of the
to hold licenses from them;
Since that date a so-called melting tee of 8
No steps have been taken to recall the debased Wo are given to
sycee, nor efficiently control the issue of now the invariable practice of seamen, both engines is also necessarily very low, while travel 11th inst. for this port direct, and is expected
here on or about the 16th inst.