INTIMATION
S. WATSON
LIMITED,
ESTABLISHED A.D. 141,
CIGAR MERCHANTS
TOBACCONISTS.
Newchwang should be able to recond a substantial increase for 1909 in view of the even greater business done during the same period and in the same commodities by Dairen. The competition between the two ports during the year was of the koenest description, but the fact that Dairen has a CO., harbour which is ice-free throughout the year and capable of accommodating vessels of the largest size, whereas that of New- elwang is closed to mvigation during the winter months and is inaccessible at all seasons to sleamera of more than nineteen
AND
CIGARS
THE HONGKONG DAILY PRESS, TUESDAY, JULY 12cm, 1910.
TELEGRAMS.
Protected by the Telegraph Menaga
Copyright Ordinance, 1894,]
ĮLEUTER'S SERVION TO THE “RONGLONG- DAILY PERS."
CRETANS AMENABLE,
the
LONDON, July 10th. It is reported from Canon that the feet draught, owing to the bar at the mouth Crotan, Assembly met and decided of the Line River, gives the former so over- by 55 votes to four to admit whelming an advantage that there can be Moslem Deputies. no doubt that in the struggle for trade Newchwang must inevitably be left behind by her nower rival. Nevertheless," writes the Coreul, the close proximity of New- CONDITION is next to chwang to the chief inland trade centres, the QUALITY, the most essential re-water communication which the Liao River quisite of a Cigar.
Our Warehouse gives her with the interior, and her long- established trade connections, will always
SUPREME COURT.
Monday, July 11th
IN ORIGINAL JURISDICTION.
[BEFORE THE
REVIE FULL COUBE.
WITAN CONSTITUTES A FROMISSORY NOTE?
Mr. M. W Slade, instructed Mr. F. X.
parties as a defence to a subsequent action on the whatever that the martor-allowing him only same faste. The only semblance of a right which the most superfsal knowledge of the Merchant the defendant had soquired under the judgment | Skipping Aot intended the prosecution to be was to have oriminal convenation with his under the Act. Therefore what he did wa neighbour's wife with impunity, and the effect justified. Then came the diflealty of the case: of the judgment was, it was specially to be re the persons whe prosecuted for a common marked, that he shared this right with the rest assault on the compradore. It was abundantly The discussion of the Full Court on the point of the community. It was not surprising that clear that this course was adopted by the raised in the action brought by Tesi Kan the legislature thought it right to pass a law Inspector to whom the charge was preferred. sgainst Chung Team Kwet to recover $7,521.15, declaring that such a right had never and was His Lordship thought he made a mistake, and said to be due with interest on fear pronxissery to be deemed to have never existed. With re that he should have taken advice before wing. notes, was delivered by the Chlef Justice. The gard to the fact that in this case the facts won. However, that was not the point now, question raised was whether the Chinese dorn-such that the action for damages had to be the plaintiff was aggnitted, and he was ments, on which the money claimed was ad brought separately from the divorce proceeding entitled to emh beneft s vaced, constituted promissory notes, it was to be hoped would in due comse prisonment. And this meant, was the master this was one of those anomalies of the law which would give his in an action for false im- an acquittal
'Almada Castro (of Messrs. Almada & altered. His Lordship than dealt with the responsible for the action of the Inspector in Smith), sprosted for the plaintiff, and defend-question of costs and sold that there was one ob making a charge outside of the Act! On ant was represented by Mr. O. G. Alabaster, Tious error in his former judgmont. He had sail ordinary principles bis Lordship thought it would The Assembly then adjourned for intrusted by Mr. Christopher Wilson (of the appellant was a joint tort feassor with the be impossible as to hold, and that it would not other on respondents in the Seatch proceedings be possible to held that he mided or abolked the four months.
Mosers. Hastings & Hastings).
The Chief Justice stated that during the lable to the whole of the cons. The Scatoh hegame a quasi-consenting party to the proced
Of course he was not, therefore he was not Inspector. He was bound to say that the master haring of this case ostion arose on to proceedings were not before the Court, thereings actually taken by watching them, therefora whether certain Chinese documents were fore there must be a reference to the Registray the plaintiff scored a second technical point. missory notes or not. In view of the importance who would decide what division should be rando. Against this must be set his selusi conduct, on of the question, and the frequency with which it The application was dismissed with costs, but which his Lordship had already expressed his The Rheims Aviation Week has his Lordship the Chief Justice directed as appellant had storeded if one small point opinion. It was impossible that a man who acted that it should be argued before the Fall Court he was entitled to an allowance, and that would wrongfully throughout should be allowed to and authoritative decision on the question. The tenth of the cost of the appeal.
mistake not committed by the defendant at all. Court were referred to a decision of Mr. Justice
for which he wue in no way responsible; we did his Lordship think that the defondant should be mulcted in a large sam when every action that he took was right. It was not in any way summary action in which Wong Fi Ng'was
criticising the Magistrate's decision on the awarded $500 damages from Captain. A. 4. charge of assant when he said that if the charge Johnsen of the se. Shut On for alleged assant had been properly preferred under the Act the and false imprisonment.
Mr. M. W. Slade, K.C., and Mr. C. Gerly punished. Taking all these circumstances plaintiff would have been convicted and prop- contractual relationship governed by the or- Alabaster, Instructed by Mr. W. E. L. Shenton into consideration, his Lordship thought that dinary principles of contract. It worked out (of Messrs. Deason Looker & Deacon), appeared the damages should be reduced to a sis utimately into a variety of forms, one of which for the appellant, and the respondent was substantial sum, to distinguish it from nominal was called a promissory note, with which alone seated by Mr. Eldon Potter, instruoted by Mr. darnages-810-each party to pay his own coat,
AVIATION TRIUMPHS.
LONDON, July 10th.
in Stanley Street contains specialty retain for this port an ample share of the resulted in the triumph of the ass special point of law in order to have a fasl be allowed on the lump sum principle at ens- make a substantial profit ont of a technical fitted Drying Rooms for Maturing trade of the hinterland. There is no reason, monoplanes. Cigars, and in the Dispensary itself therefore, to apprehend that the prospority of Dairen must necessarily mean the the same idea is carried out on a smaller scale by the installation of drying cupboards.
Any Cigars purchased from us have therefore the advantage of being in FINE CONDITION,
We Stock all the Best Known Brands, as well as the following, which are Manufactured solely for
M. Mamet with two passengers decline of Newchwang." The character of few 67 miles in 99 minutes, and the her trade will certainly be changed. It will Belgian, M. Obeslagers, accomplished become more local but its volume 51 miles an hour on monoplanes, may be expected to increase. There is,
Mr. Labouchere travelled 211 miles
Baith, given in summary jurisdiction zome years go, in which ho dwelt on the importance of the prasence or absence of the Chinese words
"Pot ng." They had given, that judgment tue consideration, but were of opinion that it still laft the question open for discussion, The
therefore, no occasion to feel pessimistic in 4 hours 37 minutes in his biplane.browing and landing of money, which was an
regarding the future of the port. The only question is, whether British and other western traders will be able to obtain a proportionate share of the expansion which is proceeding with striking rapidity in Man churia. The foreign trade of Nowchwang, for instance, other than with Japan, is entirely in the hands of Chinose merchants, and there does not seem to be any pros
LOLITAS- FER ROX OF 50, $5.50 pect of any other foreign trade developing.
An exquisite smoke.
EL TAMARINDO, GRAND
ROYAL - PER BOX OF 50. $4.00
A very fine Cigar.
The difficulty under the circumstances of making any suggestions for the extension of British trade that are likely to be of practical use will be obvious," writes the Consul "The Chinese dealer, though always prepared to meet any demand that may arise for foreign goods, is not inclined to go out of his way to push or
create a market for any particular article A. S. WATSON & CO., unless perhaps he sees a certainty of in-
LIMITED,
ALEXANDRA BUILDINGS;"
[25
NOTICE TO CORRESPONDENTS. ONLY communications relating to the news sulupun shonič be addressed to THE EDITOR.
Correspondents mutal forward their names and ad recess ipith communications addressed to the Editor, not for publication out as evidence of good faith.
mediate profits. that the great progress made by Japanese goods on the Manchurian market is due to the fact that the Japanese have to great extent kept the management of ther trade in their own hands. The methods they have adopted may possibly be open to, criticism, but they have shown far more energy and enterprise in developing their trade in this country than any other foreign nation, and deserve a good deal more credit for their success than people are inclined to give This is the old, old story. At
Thore can be no doubt
All letters for publication should be written on ste side of paper only.
No anonymously signed communications that thom."
LONDON, July 11th. At Rheims Mr. Morane dow 12 miles in 124 minutes.
M. Obeslager's flight of 245 miles in 203 minutes constitutes records for speed and distance.
THEIR MAJESTIES AT
ALDERSHOT,
LONDON, July 11th.
The King and Queen leave to-day for Aldershot, where they will spend a week watching the training of the troops.
operation which was based on contract, setup a
the
THE FALSE IMPRISONMENT CASE The Puisne. Judge concurral.
Judgmont was delivered to the appeal from decision of Mr. Justice Hazeland in the
of appeal, and also in the Court bolow, because
the Court had to deal and if it took the form of Davidion (of Messrs. Hastings & Hastings). a promissory note, certain consequences vare The Chief Justice, in the course of his judgin his Lordship's view of the facts, this was a lud down in the Bills of Exchange Ordinancement, said the facts in this once were not very case in which he should have withhold the costa altached to it. With these consequences the complicated. What happened was fairly car from the plaintiff in spite of his obtaining a Court had nothing to do. They had only to in- and it was what might have been expected to small sam by way of damages,
The plaintif quire whether certain contracte made between happen in the circumstances,
scorned to have inaisted in his evidence that the Chinaman, of which the ones before them were.
typical, come within the category of money-lead iig contracts. There was nothin, to compel Chinaoen to adopt our form of promissory note il they preferred another. The Court had only to take the form they used, and to see whether came within the definition. This definition, expressed a simple train of thought which though highly analytical, was not complicated was quite capable of application to the form used Istwoan lenders and borrowers. It was argued
that these was not in this case an unconditional
captals refused permission to him to go off in a launch which was lying alongside, But it was wanileet that what the captain did was to refuse to charter a launch to take the passengers off, becane, as he said, there would have been a salvage claim, His Lordship was clearly of number of passengers on the ridge clamouring opinion that the presence of a considerable for something to be done came well within the words “shatruoting and impeding," and it was quite sufilaient for the captain to satisfy
The Paisie Judge agreed with the Chief Justice.
IN ORIGINAL JURISDICTION. BEFORE HIS HONOUR SIR FRANCIS PIGGOTT CHIES JUSTICE).
NO PLAINTIFF. The notion which Arthur Dreyfus brought
against Ullman & Co. and Eugene Bernabeius for damages for alleged wrongful diameal was mentioned.
Mr. M. W. Blade, instructed by Mr. P. M.
There will be no ceremoniai parades romi to pay; only a statement that the landa, the Court that he could not have got to Hodgson of Messrs. Deacon, Locker & Deason,
nor formal inspections, his Majesty wishing to follow in order to judge the
practical work. in order to judge
At the conclusion of the naval manoeuvres the King will make a similar visit to Portsmouth.
AT THE MAGISTRACY.
A Chinese youth, seventeen years of age, who wrenched a gold earring from a woman's car in Queen's Road near the Supreme Court, was imprisonment and six hours' stocks,
the
night demand return, and, therefore, non constat wheel-hours or telegraph had he wanted and that it was nct necessary for the borrower engaged to pay on demand. On him to show that he was in fact in the other side it was argued that this engage. peded or obstracted in any particular used, and was therefore implied. The Court found that the documente in question were pro
ment followed inevitably from the words sottally
missory notes,
IN APPELLATE JURISDICTION.
[BEFORE THE FULL COURT. ]
MITCHELL U. LEMM.
The reserved decision of the Court was delivered in this notion, in which the appellant sought that the judgment giren on the point
who appeared for defendants, explained that the parties had come to terms, one of which was that plaintiff, on receiving from defendants a certain sum of money, without their admitting liability, was to withdraw the action. He had left the Colony without withdrawing the notion. As the case had been set down for Monday, that was why they were there.
Plaintiff's name was called, and as he did not appear judgment was entered for defendants with eceta v p
&are already appeared in other papers will be the same time, it is satisfactory to learn, sentenced by Mr. E. R. Hallifer to six month of law raised by the appellant on the 9th user to say that the captela had a preventiveU.S.A. restraining Scares & Co. morahsate and
married.
Orders for extra copies of DAILY Pass although the tonnage entering Newchwang should be sent before 11 am. on day of under the Japaness fing still exceeds Publication. After that how the supply limited. Only supply for Cash.
Telegraphic Address: PRESS.
Codes A.B.C. 5th Ed. Frieber.
that of any other nation, the British flag is considerably ahead of the rest in the valine of cargoes carried. In 1908 the British tounage employed was $5 per cent, of the HONGKONG UPPIÓN: 104, DES VEUÝ ROAD C total entered and cleared, and the value of
P. O. Boz., 34. Telephons No. 12.
LONDON OFFION: 131, FLEET STREET. EO!
The
Daily Press.
HONGKONG, JULY 12TH, 1910.
cent.
stocks was the sentence passed on a thief by Mr Six months' imprisonment and mix hours Hallifax for stealing a silver watch and chain from a Chinese in Queen's Road
with stealing the two year old son of a sampan A native was charged before Mr. Hallifax woman at Shaukiwan. So far, the child has not been recovered, but as the police entertain hopes of finding it his Worship granted a
week's adjournment.
As the result of a raid by Sergeant Lonaghan ou 24. Tai Ning Street, Skaakiwan, twelve Chinese appeared before Mr. Hallifar on a who was proved to be the keeps of the game, charge of gambling. One of the defendants,
was fired $100 or three months, while each player was ordered to pay a fine of $3.
varied,
Jane, 1909, might be reversed, that the
September might be reversed or judgment given in this action on the 17th
that the judgment given in this notion en the 8th December might be reversal or rated; that judgment might be entered for the and in the Court below might be paid by the appellant; and that the costs of this application
spondent to the appellant,
Mr. M. W. Slade, K.0, instructed by Mr PM. Hodgson (of Messrs. Ewens & Harston) roved the Uvart on behalf of the appellant (John Lemam), and Mr. C. G. Alabaster, in structed by Mr. D. V. Stevenson (of Maurs. Deacon, Looker & Desson), represented the
repondent (T. A. Mitchell).
attempt to get to the wheel-house or **exevation of his duty" telegraph. The e was a very wide term, and involved as many passie as active nots. For the Court to held otherwise would bo to strike a sovero blow at the law which governed the maintenance of discipling and good order among the passengers at so. The same consideration indoood his
AN INJUNCTION GRANTED, Lordship to come to the conclusion that the Application was submitted to have the interim captain and the offers. It was not a sufficient the Portland Flour Mills Company, Oregon, words "the crew or any of them included the injunction, granted last year at the instance of
remedy, because that would lead to the ortmcommission agents, 1, Daddoll Street, Victoria, ordinary conclusion that a heavy fue me from infringing plaintific trademark, made imposed for impeding or obstracting the perpetual. stracting the captain, on whom the principal appeared for the plaintiffs, defendants not being common sailors, but not for impeding or ob Mr. M. W. Slade, instructed by Mr. Hodgson, duties on board ship fell His Lordship also represented. held that the compradors was included in the English lines would be. On the facts the Chief The Dayton Mille four had been on the Hong
Plaintiffs ailazed that the three-colour design term "crew," just as much as a steward on an of their trademark was infringed by defondants. the cargoes carried by British vessels was
Justice was clearly of opinion that aericas kong market for many years and was known to 44.4 per cent. of the trade. In 1909 the
offences against the Merolant Shipping Ast paroh me as the flan Sik Yan flour. tonnage under the Union Jack fell to 33
were committed in obstructing and impeding per ceat of the total, but, on the other
Mr. Jada stated that an order for the trial the captain, and in molesting the compradore te parte had bon made by his Lordship with the hand, the British share of the trade rose to
Owing to the way in which the Merchant consent of the defendants. Plaintiffs were one THE tradal interests represented in China 491 per cent, or very nearly one-half, of
Shipping Act was drafted, some of it being of the oldest American firms who imported four have recently had their eyes turned on the total carried under all flags. The Ja.
applicable to the Colonies, the task of legialat into this Colony, and the mark infringed had Manchuris, and the prospects of the com-panese, on the contrary, have slightly in
ing for shipping in the Colonies was peculiarly been in use here for upwards of twenty years. marcial development of that debateable creased their percentage of the tonnage,
the theory to which he had given expression en me trouble to Colonial Attorneys-Gonors. fondants imported a quantity of four with the The Chief Justion said, believing as he did in difficult, and he knew no question which had gir. It was known as the three colour mark. De- land have been discussed with considerable viz, from 41 per cent in 1908 to 412 per
more than once, that it was impossible for two lie thought that not only was the master infringing trade mark, and scting on behalf of animation. Until a few years back New cent, in 1909, but their share of the total
sand chains of arguments to lead to opposite istified in prosecuting the persons who had their principals, Soares & Co., oppond the chwang held the monopoly of the trade there, trade has fallen from 27-9 to 26-4 per
On Sunday morning Detective-Sergeant sasiusions when applied to the same facts, the taken part in the disturbance, but that it was interim injunction. They no longer apposed but now she has powerful competitors in Japanese vessels have the monopoly of the Central District, reinforced by the Shauktionsported had a very pocultar interest, because quieted down after the ship was affont was of an account or for damages,
Murphy and a squad of detectives from the arguments with which that appeal had been his duty to do it. The fact that things had the injunction and plaintifs did not press for Harbin in the North and Dairen (Dalny) in very considerable tande between New hwang police, raided 14, Quarry Bay and captured 32 while they land net seriously attacked the prin- course immaterial. Some stress was laid on the the south, and it is interesting to note and Japan, while the British tonnage is gamblore. The charge against the keepers of ople on which his judgment was based in the fact that the compradors was seat up to the Kal, a member of the Kwang Hes Ving from the report of H.B.M.'s Consul at almost entirely employed in the China Coast endor oridence available, but each of the Court below, they had developed the subornate Police Blation, and it was contended that this firm of general export and import merchante
the game was withdrawn on amount of the Newchwang, that though she will have to trade. But traders of other nationalities defendants was ordered to pay a ine of 4.
sigument which was dealt with in that judg-showed that the master intended the persons he and commission agents, of 264, Das Vænt concede supremacy to Dairen, her own will doubtless have something to say in
no ofment, and had elaborated it into an argue had given in charge to be prosecuted for the Road Central Witness deposed to being the existence is not threatened by the rise of the development of Manchuria, and went to dry on a house verandah in Des Voeux and that argument led, cocording to the not think this followed at all; the compradores Portland Flour Mills Co. His firm was large For stealing a waistcoat which was hanging zistit of extreme ingenuity in every part assault on the compradore. His Lordship did agent in Hongkong and Bouth China for the Dairen. At the same time, it must be may expect even grafer changes in the Rosd, Mr. J. R. Wood sentenced anative to three apellants contention, to the inevitable con- evidence would have been required if the charge purchasers from the plaintiffs of artons evident that the development of the latter course of the present year,
weeks imprisonment and four hours" stools. casion that the judgment of his Lordship had been made under the Act. What the breads of flour, lacluding (among other brands) place means that it will deprive the older
was wrong. The question was put as to port of a considerable section of the trade
The Dayton Mille master actually did was, the signal to the police the brand sell as which has hitherto fallen to her, and this Tibet may be undertaken by Great Britaning a common ganiing house at 138, Des whether any tights were given by the first not having been observed, to end the chief Patent Colour Flour," and imown to Chinese
judgment to defendant, who had maccess- Your Road Central, where lottery tickets were felly ousted plaintiff. The answer was " Tea" flcer for a constable, and moanwhile to close the and commonly called by them the "Three Colours gates of the whart to prevent the men getting Seal. The bags containing the plaintif' dour The right to pload res judicata. This ss away pening the arrival of the police. When in question was stamped with lettering and and a true determination of the question in
the two constables arrived he gave the men in bordering in red, blue and green colours, and ine, and the right noquired was to make ng of large and they were led off to the station the" get up" of anak lettering and bordering the judgment as an estoppel while the record stood, all which was perfectly true, but it had to tributed, and with the ignominious method that plaintiffs had sold the four in question amid some confusion, to which the plaintiff com was very distinctive, Witness know as a fact be translated into the more accurate phrase, the adopted by the police towards Chinamen. The bags of the get up" indicated in Hong- right to plead res judicata in the Merchant Shipping Act laid down certain pro
kong for over fifteen years. It had come to in which that principle applied; that is, care, and this case seemed to his Lordship to his knowledge that the defendants had been if the same question was
raised again,
selling flour not made by or sold by the plain- the right to use the judgment as an estoppel the moster, and all persons called by him to ha to induce botol in parchasers of such flour fall wholly within the Act. By sub-section 3 tiffe in bags marked in such a manner as To go farther than that was to beg the question, assistance, could without warrant detain the that it was the plaintiffs four. Defendant's Therefore they came back to the old question Does this second action raise the question person who committed au ofience under the four was put up in manner very similar to thất in which the paintiffs' was put up, was determined by the former By that chain of section. That was precisely what he did. His calculated to dive purchasers and mus Lordship could not imagine any more then into the belief that in purchasing the argument the answer was. No. The Ordinance reasonable provision of the law, nor any este defendants' goods they wore in reality purchas ing the goods of the plaintiffs. Witness believed mant, all existing rights were saved, the defend master did not ask these parsons their name toned would cause considerabla damage to the at had noquired a right, that right was te makadto and addresson as required, therefore the plaintif platints in regard to thefe sales of four. I of a final judgment already givén between sho
The injunction was granted with costs.
cannot but affect the balance of trade euter- ing the dependency. In other words, it is exceedingly probable that the change will not be beneficial to British interests. Al-
It is stated that the postal administration in
The health of the Colony last wook was very satisfactory, only one case each of plagus (fatal); diphtheria and enteric forer being reported,
A local rebellion has broken out in the Yann chiang district, Hunan province, and engage monte have been fought with the Imperial
troops.
His Worship convicted three natives of run-
printed and sold. Sentence was deferred,
As an Indian soldier was strolling along Cochrane Strest two Chinese overtook him and walked along, one on either side. The man on is right put his left band in the Indian's pocket and took his parso. A plain clothes walchuan witnessed the act, and promptly arrested both of The total output of the Chinese Engineering the Chinese On hearing the evidence yester and Mining Company three mines for the day Mr. Wood sentenced each of the defendants week ending 25th June amounted to 27,107.49 to six weeks imprisonment and four hones tone and the sales during the period, to 22787.11 stock.
ready they suffer keenly from Japanese competition, and wore Dairen to become the principal port, as seems likely, it follows that the more favoured position which the. Japaneso possess by their goographical proximity, as well as their early establish ment in the place, will operate to tous. the advantage of the latter. The ra turns för 1909, revealing an improve
T
There was a change of programme at the Hippodromo Circus last night, and the new
Mr. Blade then rend the evidence of Quar
The return of visitors to the City Hall Library and Musam for the wook ending the 20th July, ment in every brauch, furnih evidence has put as were just as easing, and sonse 1910, shows that of non-Chinese there were 405 of the extraordinary expansion of trade lation ng thons which delighted spectators last to the Library and 185 to the Museum, and of ƒ dã not intend to alter the effect of the jag more exactly inling within it. But that the sale of defendants" four got up eame2 which has followed the development of week. To-morrow night His Excellency
Chiness 170 to the former and 2,534 to the railway communications in Manchuria, but Officer Administering the Government and latter. The Library was, therefore, used by 576
party are expected to attend, and special persons and the Museum by 2,719, the noteworthy aspect of the figures is that programme is being arranged for the occasion.
noored one point. His Lordship had no doubt