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HARMSTON'S
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Location: CAUSEWAY BAY.
I
TO NIGHT!
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TO-NIGHT!!
AND EVERY NIGHT!!!
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AT 9 P.M.
ONE VERDICT
"The Best Show Harmston's ever brought to Hongkong." N.B-Special Trams will Bun tafore and after the Performance,
TEXT MATINEE:
pera Open at 3 o'clock.
Full Box 6 Chain
Single Seat (Box)
Chairs
THE HONGKONG DAILY PRESS, TUESDAY, NOVEMBER 18T, 1910.
WED.. 2ND NÓV.
Performance at 4 r.x. sharp. Children Half-Príes at Matiusos only,
PRICES OF ADMISSION:
$15.00 Stall
3.00
2,00 Gallery (Natives ouly): Boldiers and Bailors in uniformt Half-Price to the $1 and $2 Sənim. Booking at ROBINSON PIANO Co.
MADAME HARMSTON-LOVE
COL BOB-LOVE
W. H. BROWNE
R. ALTON
$1.00
·50 ots.
Proprietress.
Manager. A gents.
(1207
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CONSUMPTION.
THE SHANGHAI HUBBER SHARES CASE.
JUDGMENT.
Sir Havilland de Sanemies Judge of H. M Supreme Court, Shanghai, delivered a lengthy judgment on Tuesday at in the case of f. 1. Michael W. V. Carmichael.
This was a claim for the sum of Tha. 33,275.55 indemnity for breach of contrat in failing to take delivery from the plaintiff on the date fired by the Shanghai Stee's Exchange for the Fans settlement of certain rabber company shares, bought for the defendant by the plaintiff as broker, and for interest at the rate of soven per cont. per annum from June 30th, 1910.
Mr. Loftus E. P. Jones appeared for the plaintiff, and Messrs. Jernigan and Fessende for the defendant.
His
great wordship ufter reviewing the evidence st
concluded as follows:---
PAYMENT OF MEMBERS.
AN OLD PRINCIPLE OF THE ENGLISH CONSTITUTION.
Thanks to the judgment; ways a home journal, in the Osburns case the payment of a salary to
Members of the House of Commons has aut denly become a question of urgency to which the Government are bound to give immediate attention.
Long before the Osborne case the payment of Members was a defluitive article of the Liberal creed. A resolution approving of it was car ried in the House of Commons in 1893 by a majority of 47, sad in 1906 by 348 to 110. Ou the latter cocasion Mr. W. Laver anbodied in his resolution that the salary of a member should be £300 a a year. Last year, in May, Mr. Higham, another Liberal Member, carried by 242 to 92 a resolution demanding the To recapitulate, the defendant employed the payment of Members and of returning plaintiff to buy and sell for him on the Shang-expenses by the State. On those three occasions bai Stock Exchange and subject to its rules in the way I have found. The plaintiff made cox 1 tala purchases under those rules and incurred osrtain liabilities. The defendant then sought the contract. This he can only do pasifging the plaintif against those liabilities. The plaintiff did nothing on thi repudiation to minimise is liabilities, et let the contracts run ON,
the Liberal Governments of the day gave a bonevolent support to the idea, Sir William Harcourt in 1893, Sir H. Csaphell-Bannerman in 1906, and Mr. Lewis Harcourt in 1939, tsing equally sympathetic,
IN THE OLD DAYS.
When the Government brings in a BiH reverting to an old constitutional practice that moment, in consequence of the long worked with salutary results to the nation. and at the is possibly he was justified in do. I providing for payment of M.P.'s. It will be ing atraits ho was in ou
of his acconat his own. action as stock-broker sad the default of his olients, of whom the defendant was one, he onfirely departed from the rules of the stock Exchange and entered into transsotions which materially altered the liability which this defendant must be taken to have antemplated.
For 350 years Members of the House of Commons were paid for their services. The Member a local one, the charge was being paid by the locality which he served. It is common ground to-day that the charge must be national and not local, though curiously
who included
NAPIER JOHNSTONES'
"SQUAREBOTTLE”
WHISKY.
BEWARE OF
SHIPPING IN PORT
STEAMERS
5
BARON ARDROSBAN, Britie str., 2,774, D. Cameron, 27th Oct-Karaina 21st Oot.. Coal--Showaa, Tomes & Co.
BEWALDER, British str., 1,950, H. Tough, 28th October-Muji 22nd October, Coal-Gibb, Livingston & Co. TLON MALU, Japano str., 5,068, F. L. Fyne, 25th October-Kobo via Forte 17th Coupon Ynsen Kaisha.
CEYLON
UNVARIED FOR
THE SAME TO-DAY
150 YEARS.
IN 1745.
IMITATIONS.
SOLE AGENTS IN HONGKONG:
O
CHICAGO
261
MARU
str., 3,832, I. Goto, Oot-Tacoma 17th Sept. and Manila 24th Oct,
Dot, General-Osaka Boshen Kaisha,
&
CHINADA, British
Oshanghai 27th Oct., Guzoral Butterfeld & Sire.
CHOISING, Germa str., 1,021, Bruku, 30th Oct. Bangkok 20th Oct., Rice-Butter
& Awire. Bold
CHOYSANG, British str., 1,424, Courtney, 24th
-Wahu 18th October, General- Matheson & Co.
October
Jardine,
DAIYA MARO, Japanese str., 1,734, K. Kaba- yashi, 27th Ost-Wakamaten 21st Oct., Coal-Mitan Bishi Gesli Kwaishs.
FALLB
or
British NIT,
York and Durban
Kousie, 16th Oct., 1,234, Wm. Ma 4th Sept., Cass oil-Standard Oil Co. Foocnow, Britishstr., 1,341, H. P. Vincent,
30th Oct.-Chefoo 23rd Oct., General Butterfield & Swire.
FORUBA MARU, Japanese str., 3,136. 6. Kum- awaki, 10th Oct-Wakamatsu via Moji 5th Dot., General-Ataka & Co.
HAITAN, British str., 1,186, J. W. Evans, 30th OctoberFooohow, Amoy via Swatow 29th Oct., General--Douglas, Tapralk & Co. HALLAMSHIRE, British str. 2.855. Elliot, 18th
Oot-Durban 18th Bopt., Kerosene Oil- A. K. & Co.
fend defendant's contention that us in these enough Mr. Chamberlain, dhe poezi LANE, CRAWFORD & CO., Kok Bitish str. 99, R. Roborteoz,
in 1885, proposed that the M.P's salary should be paid by the constituency, not by the Imperial Exchequer.
In the old days the member was paid so much Parlianuntary session, plas an allowance for day for every day's attendance during the travelling expenses. The practice prevailed well into the second half of the seventeenth con- tury. According to Hullam, Andrew Marvell, la "commonly said to have incorruptible, the
and from ALL Winn MuronINTS. (45
MARTIN'S
APIOL &STEEL
PILLS
› Matandyfovali Taraguiarféla Then code of Ladna ainnya hoop ↳ ban a Martin's Pillain kive props, so that of the news sign of hur treguimelig of the Brainm a Unly do coy DEBOERENCE. The whi JK Runabổ thum, banos their sper to sala Checcleta und so the type ghost the Ward, or you me div MARTIN, Chepsial, Benshampión, Eng.
~
traumotions the plaintiff did not deal in no- cordance with the rules of the Stock Exchange Le cannot onforce his claim, will not avail was in him, because o definito liability carred by the plaintiff before the defendant repudiated the contract, against that liability ha xant indemnify the plaintiff.. The plaintiff 201ght have
Bold
shares then and there to cover the amount, or he might have continued to the Bottlement,
bent, thinking that that would be the best course, and then asted under the rules which to hes invoked; he did peither. He has been been the last who received this honourable sal careful to keep his transactions as much as pos- Bry" but there is evidence that wages wore paid o M.P.'s by some Cornish boroughs as late as gible froma the scrutiny of the Court, and has got to evon tried to show that there was any diffenlly the aishteenth century. Marvell was elect
ad jadier
member for Hell in 1660. A
tire 1 stor
-voted him to prevent him carrying out his engagements
corporation with
the Stook in accordance
Hales. Year Exchange
& 69. for £28, payment at the rate of
boing
por And with that he ventures to daim the full value of
the shares which he day for his attenda uces during the Parliament- To the day of his death (1678) Marvell drow his salary as M.P., and a various has honded to the Cathar Trust. He has said ary session. that he paid all his liabilities by a cheque given
Bishop (Parker) taunted the poor but honest in the ordinary course on his private account Although he has not been successful in convinc patriot for taking payment for his services ing me that there is any truth in this, he saunot according to a onetom which had long been follow barges for Celebrater, had wont down a writ to receive his wages for service done in now be heard to say that want of money induced antiquated and out of data."
viewed the necessity of paying Parliament. Nothing cane of the motion. In by
the defendant's action was the cause of departure from his contract. Mr. Ollerdesson. the Chairman of the Stock Exchange, ation. We read of the corporation of Canterbury true that wages are not das but for the days you
MARTIN'S
SAPIOLASTEEL YouPILLS
Some boroParliament as an irksome obliga-the debate upon it Mr. Powle said: "It may be |
the member of
4th Oct-Swatow 3rd October, Ballet-- Batterfield & Bwirs.
HANGSANG, British str., 1.356, Spencer Wilde, 30th Oct. Shanghai 25th and Swatow 29th Oct., General-Jardine, Matheson & Co.
HANO, Frenab gir., 650, J. Panuior, 24th October-Haiphong and Hoihow 23rd Oct., General-A. R. Marty.
HELLAS, Norwegian str., 860, A. Korudsen, 25th Oct-Hankow 17th Oct.. Bails and
Thoreson & Co. Iron-Angaard,
ICHAKO,
British str. 1,228, Roos Lowia, 27th October-Newelwang 19th Oct., General
Butterfield & Swire,
INDRAPURA, Brit
British 3.182, Manaffold, 4th October-New York 22nd July, Gonera Jardine, Matheson & Co.
KAJUMA MAR, Japanese str., 1,436, S. Sono, 21at October-Taikos Ballast-Order. JOAN, British str., 1,142, D. R. Daries, 16th Oct-Newchwang and Chefeo 9th Oct., General Butterfield & Swire,
KYANG CHING. Chinese str., 1,002, Bressander, 11th Oct-Haiphong 9th Oct., General- Tung Lee
German str., 1,292, C. Rasiofsky, 28th Oct- Ronewood-Butterdeid & Swire.
called by the defendant. He told me what the in the fourteenth century cutting down the sit horo; but for those that come from Camber-KOHSICHAN Bangkok 20th Oct,, Rice and
on June,
plaintif had kept back, that there was an oficial list of making up, prises imaned 29. He told me it was made up for those who could not take up, shares and were willing to pay differences. It is net material sider
wasther the plaintiff could or could not
to
..
wages of John Malling to one shilling a day; land and such remote places they have had of Dunwich (1463) inducing its representative, sometimes fourteen days allowed them."
"a cade and half a Lord Campbell, in his Lives of the Lord KonAT, German str. 1,223, H. Oldsen, 28th Oct.-Bangkok 19th and Kobaichang 20th ir Jaat bercings at his fee"; of Sir Robert Chancellors, writing of Lord Nottingham, barrel of
Oct., General-Butterfield & Swire. Hitehtaan in 1610 offering to represent
of herrings
ligation on constituencies to pay wages to their says: "His most important decision while he enme about that old custom was more hensured representatives in the House of Commons still in the breach than in the observance after the continues Restoration. Pepys relates that he dined in the
Lyun free of charge; which offer at King's
I have taken up shares, in view of his conduct of fully accopted" From one cause and anorate. I held the Great Seal probably was that the ah-KUTSANG. British str., 4,865, R. C. D. Bradley,
this case he cannot now be heard to say that he could not pay the difference. In any event, he
After the dissolution of Parliament in Thomas King, Esq., into Mam has given no evidence whatever on which I
men 1581
petition could price which the Cathay Trust seem to have of mark;" that he there got into conve sution
with the rest of the company on State affairs, stating "that he had served as burgesse the pool. enabled
him
to to what he calls the noo
PAY
Al concluded that the bane of Partisment in Parliament for the said borrough severall It seems to me, therefore, that the measure of
therein;
not damages in this case must be the difference ba bad been the lesvinz off the old custom of the years, and did give hit constant attendance
bat that the said berrough had tween the moking-up prics at the settlement and place allowing wages to those that served them the buying price,plus
brokerage, ma on the plaisia Parliament, by which they chose mor that paid him his wagas though often requested a do." Notice being given to the Corporation tiff ought to have seid earlier on the defendant's understood their business, and would attend to
Lord Chancellor ordered the wrif to issue repudiating the contract. I have had no evidence it, and they could expect an account from them, of Harwich, and the facts being verified, the
expensis burgensium levandie." prices ruling during the month of June, which now they cannot," to the
beliere (adds Lord Campbell) that I have aud consequently looked at the quotations
To the vid open and honest customs of the this is the last order made for payment. of prices in the Shanghai share market in the
I know no reason in point local papers during that mouth, and what I
monter being paid by his constituents receed.
wages have seen enables me to say that I seo so reasoned a degrading system of bribery and corrup
of law, why any Member may not insist on In mo Danes the why the plaintiff should bare sold earlier. tion, under which M.P.'s de enerated inte payment of his wages.
Judgment will therefore be for the plaintiff hirelings of the aristocracy or the mercenary proceeding would be what in the law of Scotland for Th. 18,975.55 and the costa of the notion, crostares of the Court.
is called an action of repetition, to recover back The most succinct account of the old method
For this part of the People's with the exception of those of the hearing on
money. of payment of members is contained in Dr. Charter-payment of wagon-no new law is Hoary's "Great
Britain," from which the ful lowing je taken
I assess damages in his favour, except the City on the 30th "Marob, 1663," with thony Hoher for Warwich, presented
na
further consideration, which was caused quite as
much by the plaintiff as by the defendant.
The Shanghai Mercury says-On the whole the judgment will, we think, be received with satisfaction generally, although Sir Havilland de Sanamaroz evidently anticipates that an appeal will be taken. It would, we think, however, he in the interests of the Stook
Exchanze to allow the matter to remain on the
It basis it has been placed by this judgment. must be to the interest of the Stock Exchange to get the outstanding liabilities of the June Settlement disposed of as quickly as possible. bat an appeal world throw mattare back in definitely. If matters are allowed to rest, on the other hand, we may hope, with the efforts being made to bring a batter situation to the Chiness financial side, that the Shanghai market will gradually come back to normal conditions.
SENATE FOR THE EMPIRE.
MR. NORTON GRIFFITHS' SCHEME..
WHEN M.P, WEBE PAID.
All the Members of the House of Puers always attended Parliaments at their own ex- pens, that being one of the services they were obliged to perform for the baronies they hold of the Crown. But as soon as the smaller tousuis of the King "in capite, or fres bolders, appear by representatives, they were subjected to pay the expouses or wages of those representatives. This custom of representatives receiving, and their constituents paying, wages commenced with the compreses.
ware permitted to
ment of representation.
For more than a century the wages of the House of Commons were sometimes higher and sometimes lewor; but at length, in the reign of Edward II, they became fixed at 4s a day for a kright of the shire and Es, a day for a citizen and continued at the rate as
or burgess,tinued to be paid. Nor was
long as they this at first an incompetent sam, as 4s, then was The prondeat and ergaal to 40%. at present. most palaat kaights:
t's thought it no dishonour to receive their wages, and even sue for them.
Dr.Henry's statement that the wages of M.F.'s fired in the reign of Edward III. "continued to be paid" cannot be accepted as correct. In the
to
Mr. Norton Griffiths, MP., and Mrs. Griffiths were welcomed on their return from Soalh America and Canada at a demonstration at Wednesbury. In his speech Mr. Norton Griffiths said his travels took him through tea contatries, sirtentia and seventeenth century the ameants liavo all protected, whisk had progressed under the were larger, but they never appear
uniform all DVAT the country. Apparently protection of their industries and workmen. been
of the HP.'s wages deponded Brazil, Argentina, and Chile were prosperous the amount and had no unemployed. In Canada, the future upon the whims of the consituencies, or upon a of which he believed would be even more astonisk particular contract between him and the ing than that of the United States of America, burgesses. The civic records of Newcastle man show that in 1334 the two members for that who was willing to work would get work sud wages which enabled him to live ip to
our apathy had lost as witch, There over and consitutuency were paid 2a, a day; in 1413 the
Robert Ellison was paid 10s. a day, and an entry dated May, 1661, reads:
standard than he could do in this country, ale of pay mout was the same. In 1654 Leeanse the principles of the Government were "Canada first." There were to workhouses, rolist
because there were no people requiring
"Paid Bir Francis Anderson's salarie for being Parliament man for the towns of New. But other countries were taking advantage of castle, 128 dayes the last Parliament, at 13. the opportunity offered, and on all sides 4d. per day--£85 65. 84, Canadians were asking
what
tha
A STATUTORY OBLIGATIOY.
Britishore were before why
wake doing, and they did not.
up
The Act of 1535 (Henry VIII.), which first either Americans or forbigners
sumped them? Canada was getting tired of waiting, and each granted representation to Wales in the House new bargain with a foreign country was to our of Commons, expressly enacted that the Welsh detriment. Both sides in politics are had bat Members should res ive the same payments as one sim, and that was the consolidation of were made to English M.P.'s. It is plain from
in the same reign, that the Empire--the development of trade within s later Aot (1543), passed
7 receired mach the session, for their attendance rasi ingre, and a preferentiel right to these rights and burgesses not only
during day within the Empire for the carrying on but also with addition thereunto of so man of that trade. He hoped, however, the days as every sach knight and burgess they go
and he pointed out the im- even farther,
and resort from their reasonably portance of
au Imperial Benato, of establishing
habitations or
oling-places
the sald High to mainly to establish an Imperial Navy and Court of Parliament and from the said High Colonial interests. Buch Senate could
sald bo
to return to their habitationsor dwelling: Court lected throughout the British Empire every
and charge forfeited his four or five years, and the men would be no places, together with their costs of write and
of 1541 claim to wages if he left the Honge before the and of the Boston without leave of the Speaker.
|
ted to come to this country to further other Lien-
Imperial neede He believed in keeping party politics out of such a question altogether, and aid that aroha Benste would not interfere in the domestic politics of the respective Colonies, but guide respective Governments to the best solations of problems which might trouble
them.
By an
On March 3, 1676, Bir Harbottle Grimstone, than Master of the Bolls, moved for a Bill to repeal the statute for wages to knights and burgences of Parliament, as Bir Johan Shaw, his
of
required.
As to this, Sir William Auson, in his "Law and Custom of the Constitution," says: "It may be doubted how far the old liability would attach to new constitueroles created by successive Reform A
ZEAL
[Mon, do Remusa ja Lor Memoires, states that Tallegrand on sesigning the portfolio of Foreign Affairs in 1816, comms did the parsonnel of the office to hi successor in there words:"Vone lee trouverez fideles, habiles, exacte mais, grace a mes soine, nule usat zeler"]
"When first our young officials tread
The Secretariat iala
They take their virgin drafts to bad And sleep upon their files; Amid a pile of office trays They snatch a hasty meal, And in a thousand diferent way They show a deal of soni.
From force of habit (learned at Wren'sj Their pillows they forsake, Or are the corvus ins dens
Je properly awake,
Intent, poor souls, on setting fire
To local creeks, they feel
An irresistible desire
To demonstrate their zaal,
Not theirs the thrill of balla which jan Across a pocket's jaw, The rapture of a little slam, The thrill of aces four;
The joy of peering through the mist, Of watching for your teal,
La not for those who boast the twint The mental twist—of seal;
When time is proved the food misteks, They painfully eschew
The zealous plans they used to make, The things they meant to do They call to mind u tale anent A fly upon a wheel,
And blush to think they ever want ' To such extremes of real.
More human now they set aside. A proper time for teil, From office talk they gently glide To alion things like oil
They learn the value of 12 103, The glories of a joel,
Yet still at interral you trace An element of zeal.
When middle age has purged the dross,
The staid procession fils
The primrose path which leads norous The departmental billa,
Sedate as men who've learned the fact, Which Civil Lists reveal, That Government which needs their tact, Discourages their soul.
Bangoon Gazette.
J. M. S.
26th October Moji 21st October, General
Co. -Jardino, Matheson & LIGHTNING, British str., 2,122, L. P. Smith, 24th Oct.-Calcutta 6th and Singapore 17th Oat., feneral-David Bassoon & Co. MANCHURIA, American str., 8,750, A. Dizon, 26th Oct-San Francisco 27th September. Mails and General-P. M. S. 8. Co.
Vancouver 20th MONTEAGLE. British str., 6,163, W. Davison,
R.N.R., 18th October Sopt., Lumbar and General-Canadian Pacifius Railway Co. MOTUNE,
British str., 3,212. J. Riley, 30th Oot-Shanghai 28th October, General- Butterhold & Swire.
NORD, Norwegian str. 730. Trran, 27th Oct.-- 20th Oct., Kerosine Oil---Stmita Singapor Pot Oil Co. OMURO MARU, Japanese str., 1,459, Yamanishi, 29th October-Daleen 23rd October, Coal -Mitsui Bnasan Kaisha. ONDANO, Brit al str.. 1,787, E. J. Buller, 5th October-Chitwangtao 18th October, Coal -C. E. & M. Co. PERIA, British ste, 2.714. A. Lockett, 22nd October-Mexico 27th Sept and Moji 18th October, General-Eng Hok Fong. PaUTEN, French str., 1,234, Varaine. 26th Ootamarang 16th Oct., Sugar-Java- China-Japan Lijn.
PROMETHEUS, Norwegian str., 1,024, Corneling Ber, 28th Oct-Saigon 24th Oct, General
Aagaard, Thoresen & ta. PROTESILAUS, British str., 6,104, D. P. Camp- bell, 27th October-Manils 25th October, General Butterfold & Swire. BANSEN, German str., 998, R. Peterson, 25th
Oct-Bangkok 17th and Swatow 24th Oct., Bice-Butterfield & Swire.
SZANGBER, British str., 3,848, J. Travis, 30th Oct. Bangoon 19th Oct., General-Seang Taik
& Co.
BA, British sir., 1,776, M. Pisknell, 27th SUIBANG,
Det Weihaiwai 22nd October, General-- Jardine, Matheson & Co.
TAMBA MARU, Japanese str., 3,802, K. Sato,
30th Oct-Shanghai 27th October. Flour,.
do-Nippon Yusen Kaisha. Cotton Yarn. TAMYNG, British str., 1,550, G. H. Ponnefather,
28th Oct-
t-Maulle 23th Oct., General-
& Swire Batterfield TINGSANG British str., 1,045, Alcook, 29th
Gotober-Java ports 19th October, Sugar- Jardine, Matheson & Co.
TRIKINI. Datch str., 2,326, H. Koops, 8th Oct. -Batavis and Balik Pappan 30th Sept., Bagareud Gener el-Java-China Japaa Lija. TSINTAU, German str. 1,002, Fr. Bücking, éth Oct. Bangkok 25th Bept., Rice and Wood -Butterfield & 3wire.
THURUJISAN MARU, Japanese str., 2,559, A woki, 29th Oct-Mike 23rd Oct., Coal-Mitsui Bussan Kaisha
YUNNAN, British str., 1,206, Owen, 13th Oct. Waku 9th Osteber, Rice--Batterfeld & Swire.
Yu Sevy, Chinese str., 1,079, Westerland, 29th OutTiestein and Chefoo 21st Oct, General--C. & M. S. N. Co.
BAILING VESSEL.
ARROW, British barque, 2971, Molver, 20th May-Anjor 8th April, Kerosene Oil- Standard Oil Co
DRUMELTAS, British 4-masted barque, 1,799, Swatt, 27th August-Manado 30th. Jaly. Ballast Standard Of Co,
VISITORS TO
V
Should Purchass
CANTON,
-
"FROM HONGKONG TO CANTON, BY THE PEARL RIVER?
BY
CAPTAIN C. V. LLOYD, With Illustrations, Maps and Plans,
Price
On Sale at→→
Hongkong:
$1.75
"DAILY PRESS " Office. Messrs. KELLY & WALZE: Mesars. BREWER & CO. Messrs. A. S. WATSON & CO,
Cantons Hongkong, 4th October, 1909.