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The Wine Merchany of the Cast

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(386

just

SUPREME COURT.

Thursday, March 23rd.

IN ORIGINAL JURISDICTION.

BEFORE HIS HONOUR SI FRANCUS PIGGOTT (CHIE JUSTICE).

COMPANY WOUND UP.

THE HONGKONG DAILY PRESS, FRIDAY, MARCH 24TH, 1911

I stated by the arbitrators Independently of the two parties as to what they conceived to be the questions of law arising in the case. If Mri Follook wanted other questions he should have taken steps to compel the arbitrators to put those quastings in, th

His Lordship-It seems to me that the section contains power for the Court to direct the arbitrators.

*His Lordship—They can be told to. told to if it became apparent to the Court Mr. Slade They can, hat they would only be

that the questions really arose.

WOMEN PARASITES.”

OLIVE SCHREINER') CALL TO HER BEI

A pitiful missbance, recalling the catastrophe of Carlyle's first Franch Revolution" MS., is zolated by Olive Schreiner, famous for hor "Etory of an African Farm, in the preface to her new book, "Women and Labour" jest. pablished by Massrs. Unwin at the price of Be..

For many years she was occupied upon a work dealing with woman's life in all itsuspects, From 1888 until 1899 she worked at this con- tinuously. Then came the war. The Dutch'in felül their drei of driving us into the sou Among the hapless people who suffered most from President Kruger's mad folly wre Olive Schreiner,

She was in Cape Colony when war began and could not got back to her home in Johannesburg to any friend who might have looked after her possessions. "Some eight months after, when the British troops Ind taken and entered Johan- neabarg friend who

being on the British aide, had been allowed to go up, wrote me that broken up and its contents set on fire. he had visited my house and found it looted My desk had been forced open and thas knew that my bank had been destroyed."

At first she hoped to write it again, as Carlyle re-wrote his great epje.. Bat now she has given. up that iden: This volume contains morely a she rays-one can well understand her feelings recaptured fragment of it. That she gives cut, -with considerable pain.

Cheung Shan Pang politioned the Court that

Mr. Slado-Certainly, that proper proceedings tho Sol Kai Kang Yik Po Co., Ltd, should be

I very much regret that in wound up under the provision of the Companies should be taken. Ordinanco, No. 1 of 1865, or that such other order this once the arbitrators are not represented, might be made in the premises as should be because it is their case and they are simply ask the Transvaal utfacked us hoping at last to ing for the advice of the Court They were sak Mr. M. W. Slade, K.C., instructed by Mring for his Lordship's guidance on certain points W. E. L. Shenton (of Messrs. Denoon, Looker which had arieen in the course of the referenco Deacon), appeared for the petitioner. He and they had stated those points in the special case. If the other party desirel them to seek stated that the petition had been duly advertis

for gaidoneo on other points on which they did dns was proved by the affidavit of Mr. Shenton The position was a somewhat peculiar one. The not want guidance it was for the Court to order

them to seek guidanco on those points.. rolitioner was one of two liquidators of the Company appointed in a voluntarily winding up which was invalid. The Company attempted wiad itself op voluntarily and appointed liquida. tors, but failed in the necessary formalities and the voluntary winding up was invalid ob initia But before the invalidity was discovored the liquidatora soll the property of the Company and received the purchase money. They also defended an action which was brought against them by a man who alleged that he had entered

If this fragment is typical of the whole work into a binding agreement for the purchase of the property, which action was fought in the

then the world has lost heavily by the destruc. tion of the procious MS. Allthe qualities which Summary Comt firat and thon taken on appeal

Mr. Pollock thought that the broad principis and admiration of readers. all over the globe long ago won for Olive Schreiner the gratitude to the Full Court and was decided against the which was underlying his friend's argument are here in their old strongth. here is plaintiff and in favour of the two liquidators. was manifestly untenable, because, as his Lord-force entire, there is deep-souled eloquence In that notion the liquidators isenrred & con-

There is the same quick reasoning, the rame miderable sum in costs, which were duly taxet. shlp put it just now, was it to be supposed that tenderness, the same poetic insight into the:

arbitrators when they were asked by a puzzle of life. party tu - the arbitration

state to

His Lordship-The Court might also be of opinion that the points which the arbitrators

raise ure irrelevant to the facts.

Mr, Slade-It might be, but when the arbit tors choose to state a special case and it comes before the Court it is for the Court to give an opinion on it. Meanwhile the Court was con cerved with this special case 'ooly on this ap- plication.

FIERCE BATIRE,

The plaintiff absconded from Hongkong, bat on

Simply stated, the book is a passionato sppeal returning execution was issued against him. No-

certain points for the decision of the for the reague of Woman from the fate of be thing was recovered. Meanwhile the liquidators Court could state these points in sushing merely a "parasita." had paid over to the directors of the Company a way as was not satisfactory to the party apply plato in the social order. They used to have de Women, says Olive Schreiner, have lost their the whole of the sum which they had received for the purchase money of the Coming to the arbitrators and in such a way as did fuite duties which Biled their lives, apart from pany's property rider a written document not fairly raise for the opinion of the Court the duties of motherhood. They made clothes for themselves and their man-folk, they sigued by the directors, which they understood the points it was desired should be put before atcrued their dwellings, they prepared salves to be a guarantee that the directore would the Court He submitted it was impossible for and simples ter ua lieating of the refund all this money. if it was necessary.

au arbitrator to take up that position. Matters worded and the sick. Gradually their share in the work of life has been taken However, when the liquidators failed to get came to that stage in this arbitration that de- from them. Three-fourths of it have shrunk their taxed costs from the unsuccessful plain. fendant drew up a special case and the arbitra- any for over, and the remaining fourth still tiff tho direolers turned round and said the tore through their solicitors said they werd tends to shrink

docuniont they gavo was invalid and did not forward that special case to the Court Movement, Olive Sobrainer anys. Women feel

bind them to do anything.

His Lordship Is this petition opposed?... Mr. Shade No. Proceeding, Mr. Slade said the liquidators were out of pocket the amount of the taxed coste, and there was no menns of enforcing this Lability against the Company. Their position as liquidators was worth nothing.

They could not take any legal steps to make a vall and there was no possible way of getting the money except through the means of a wind.

Mr. Stade--I object. My friend cannot state matters to the Court which are not fa eridence, and they cannot be put in evidence on this application.

Hia Lordship-We are in a preliminary stugo Mr. Blade My friend is assorting a lot of things which 1 am instructed are not quite

accurate,

Mr. Pollock-That is not so.

Mr. Slado My friend may be right, but

at

This is the roolinfluence behind the Woman's they

are becoming parasites," ignobly. dependent apo men. They demand, therefore, that once again they still liave their share of honoured and socially useful human toil. That Is the real Women's Right,

From the judge's sont to the legislator's chair; from the statesman's closet to the merchant's of e; from the chemist's laboratory

to the astronomer's tower, there is no post or form of toil for which it is not our intention to attempt to fit oarsulves; there is no closed door we do not intend to force open.

Women, in short, will not rest until they have

ing up order. If a winding up order was made the same time they arò act in evidence Do back their "right" to "erist" honourably,

a receiver would be appointed under it, and he would be able to get back this money either from the directors or by making a call -- Al

those facta were set out on the petition, and were

verified by affidavit. The statutory notice to pay

had been served upon the Company, and payment hed not been made within the requisite time,

Eis Lordship All questions which might arise with regard to the legality of their actions

can be raised hereafter?

Mr. Slade-Yes.

The petition was granted,

AN ARĦITRATION; CASE,

cannot be put in evidence.

His Lordship-This is a preliminary discussion as to what we are going to do with regard to this motion.

Mr. Slade-Your Lordship has a special case before you and the facts in that are what Now my friend is you have to consider. seeking to import a certain number of state ments which he is making into the evidence bat he cannot under the rules of the Court prove them in any shape or form on bearing.

Mr. Pollack I have got a letter from the solicitors.

Mr. Blade--I object to my friend referring to the contents of any document."

Mr. Pollock-I may refer to deenments which actually before the Court. I claim the

not as parasites but as producers on a level wilh men.

A TYPICAL PARASITE.”.

Olive Schreiner givos several instances of what she means by parasites." One is the daughter of an English officer on half-pay, who had to exist on a few hundreds a year. She can neither cook nor make her clothes. She can hardly do her own hair or dress herself. She has no in tellectual or artistic interests, "In a life of contributed one hour's earnest toil mental ori twenty-eight years this woman has probably not physical, to the increase of the sum total of pre ductive human labour."

Another case is that of the wife of a leading barrister. Her husband. is absorbed in his work, Her children are at school. Her house is looked aftor hy sorvants. If, whe fries to talk to her husband in the evenings shout her visite, her shopping, her bazaars, ho is bored. She has no duties, no real copa

In the matter of an arbitration between Sander, Wieler, & Co, and the Wing Oò firm a special case was submitted on questions of law siptol during the arbitration. The arbitrators were are Massra, E. H. Dutton and P. H. Holyoak right to be heard on this point. I can refer to tious, no interests. who were appointed by the Chamber of a letter sent by the arbitrators solicitors to this Court. The Court ought to have before it our Commerce.

special case and a whole bundle of correspond- ence relating to it.

"The special caso slated for the opinion of the Cont was pursuant to section 560 of the Hong. kong Code of Civil Prosedure. By a contract dated 12th April, 1910, Sander, Wieler & Co. agreed to sell to the Wing On fem ten bales of black duck, 282 inches wide, at 734 por yard The goods came from England. On December 15th, 1910, the vendors wrote to the Chamber of Commerce forwarding a copy of the contract

His Lordship--I have got two special cases bofore me.

Mr. Slade-One is filed, and is the special case we are concerned with to-day. The other

is a suggested special case which the arbitrators rojected."

The obvious criticism of Olivo Schreiner's attitude is that she is mistaking local and temporary circumst noce for a universal and permanent chinage in human relations. It is only, after all, one class of women who suffer from having no definite employment; and the cause of their suffering is simply over-civilias- tries of women over men. tion and the accidental excess in certain coun

purest to justify uneasiness. The feelings Still, among this one clase there is enough which are behind the various women's, move- mente could not find olester or more eloquent Mr. Pollock-If they had told us they re-expression than they do in this remarkable book and stated that a dispute had arisen injected it we would have known what to do.Dazy Mail.

connection with it, and requesting the Chami, ber to nominate two qualified European merchants to settle the dispute. They ou elozol a letter from Messre Brutton & Hett, the purchasers' sclicitore, which stated that their clients refused to pay for the top bales of black cotton dusk on the grounds that the same was not in accordance with the order givizas rogards the width, and on the grounds that the same was not of the same quality as the

sample of white duck shown to their alients.

Mi. M. W. Slade, instructed by Mr. H. J. Gedge of Messrs. Johnson, Stokes & Mas tor, appeared for Mesere. Sander, Wieler & Co., and the Wing On firm was represented by the Hon: Mr. H. B. Pollock, K.C, instructed by Mr. G. K. Hall Bratten, of Messrs. Bratton & Helt

Mr. Pollook sich the special case purported to be stated did not in any way state correctly from his client's point of view the points of law which they desired to raise.

Mr. Slade submitted it was not competent for his friend to raise or mention these points on the present application. The matter before the Court now was the special case which had been stated by the arbitrators, and nothing else. If Mr. Pollock was dissatisded with the caso stated he could have preceded by way of summons or motion to compel them-if they could be compelled to state a case in the way he wanted it stated, but he had not done so. He may have tried to get the arbitratora to state a case which they did not want to state,

are not in the absolute power of the His Lordship Those who submit to arbitra.

arbitratora.

Mr. Slade said they were in the power of the arbitzators subject to the power given to the Court by the Arbitration Act. This case was

that the arbitrators are not represented.

Mr. Blade I think it is very unfortunate

Mr. Pollock-They cannot go back on their solicitors.

THE BRITISH ARMY

COMMISSIONS PROM THE RANKS.

Mr. Sinder The position is: Are the arbitrat The otcer side want to have a brand new casary for War in the House of Commone last ors to state a case, or is one of the parties?

Mr. Kellaway (L. Bedford) asked the Secret matod. Can a party compel arbitrators to state mouth what proportion the 264 commissions facts and questions which the arbitratora do from the maks during the past five years bord to the total unmber of commissions during that period. not want to state and do not want to ask ?

His Lordahip By taking certain procedure, you.

Mr. Blade-Yes, if they can show the but here the other side want to force down the course they are adopting is reasonable; threats of the arbitrators a specially stated case which the arbitrators won't have

His Lordship said he thought he would be able to deal with the point attacked more: clearly when they came to it. The beating adjourned.

WEATHER REPORT.

On the 23rd st 11.55 am-The barometer

bat fallon quickly in Japan and risen consider ably to moderately over China and Tongking. yesterday has reached the neighbourhood, of The depression lying over the Eastera Sea Van Diemen Straits.

A high pressues area now occupies N. China. Fresh te strong monsoon may be expected įover the N. part of the China Sea

Hongkong rainfall for the 24 hours ending at 10 am today, 0.54 inches,

to-day is as follows

The forecast for the 24 hours ending at noon N. to SE wine, Hongkong & Neighbourhood moderate to

·Cfresh; fair, IN.E. wiade, Formosa Channel

fresh to strong. South coast of Chins between 1 game as No. 1. Boath coust, of China between Hongkong and Lamooks.

Hongkong and Heizan.

Same as No: 1.

Mr. Haldane-3,249 enmmissione were grant ed during the last five years, giving a proportion of about one in twelve for commission from / tho ranks.

Inak whether there has not been an outery in Viscount Castlereagh U., Maidstone) May the Army about commissions not being given to the ranka

Mr. Halase-No; there has been no ontory. Tho ditculty is to get men who are qualified to take sommissions.

Mr. J. Ward (L., Stoke-on-Trent Would not a man be made liable to court martial if he made any complaint that he was not getting proper prouistion ?

Mx, Haldane –Not in the least. If he in

properly recommended his name is put forward

Mr. 1, Ward-Will the right hon. gentleman Ly who recommenda hita

manding officer.

r. Haldano-He is recommended by his com

War whether the shortage of officers in the Mr. Kellaway further asked to Secretary for Army could be removed by increasing the op commissions from the ranks P portunities open to suitable men of obtaining

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Sowedont is three forms-powder. Hguld, ned paste enelt rqually (fective.

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FLYING

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Tickets bought for last week are good for first day.

Hongkong, 23rd March, 1911,

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The combination of all that is most nomihing in Beef and Malt is prepared in Wincarnis gives a TWO POWER STANDARD that cannot be equalled for giving Strength and Stonsina, Vitality and Force to Men, Women and Children BUY IT TO-DAY

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SIR HEDWORTH LAMBTON AND THE DECLARATION OF LONDON,

Vice Admiral the Hon. Sir Hedworth Tamb. ton replied to the toast of the Imperial Forces at the annual dinner of the British Chamber of arest 26, 6d, in the book on "Compulsory Shipping. He said he had been induced to Service issued under the auspices of the War Office, and, to be quite frank, he did not think it worth the miones (Laughter.) It reminded him of the state of discipline which was said to exist in ancient Rome in the time of its greatest military renown, when it was said to the soldier, "Go, end he goeth,

and to the general" Writo, and he writeth." (Laughter.) He thought that if the Navy were asked whether the Govern they would reply in the advice which, according ment should sign the Declaration of London to the tilly old story, Punch gavo to people

(Laughter about to marry Don't."

and keera.) The question was also often asked whether British Dreadnoughts were, ship for ship, equal to those of foreign Power. In his opinion they were not equal.

Mr. Juxton, President of the Board of Trade, who replied to the toast of "His Majesty's Government," said that before he entered the dining-room ha had divested himself of the prejudices of the party man, He was afraid that his friend Sir Hedworth Lambton could

not say the same.

Liberal Party behind long ago. (Laughter.)

Bir Hedworth Lambton-I can say I left the

THE GOVERNMENT AND SHIPPING, DE * Mr. Buxton, continuing, said he was able to make an announcement which lo understood. would be welcomed by the company. and that was that he had no intention of intro

Trade was deeply interested in the welfare of ducing a Merchant Shipping BUJ! this Session. (Laughter and cheers.) The Board of the great shipping industry. The Board had a Moronatilo Advisory Committoo, and it was not an advisory committee in the sense that the ¦ Board asked for its advice and never took it, The Board was always glad to consider the recommendations of the advisory committee and to accept them where they possibly could. En respect of matters of public safety, as well on of commercial advantage, the Board of Trade could boast that this country led the way and that to

a large extent they had brought other nations up to their standard in these matters. (Chears) There had, for instance, been a very remarkable. diminution of lose of life in wrecki and other. Casualties at seÏ In 1881 the lives lost at sea

only 487. (Choore) numbered 2,350, while in 1909 they numberod

Mr. Haldane-No difficulties are placed in the from the ranke, and candidates only require the way of soldiers desirous of obtaining commissions qualifications laid down in the royal Warrant for Pay, &, and the recommendation of his commanding officer and the general offer For commanding.

or

Mr. Kellaway How many commissions Lava been given to men who previously failed to get commissions by examination P

Mr. HaldaneThe commissions from the Tanks are very few indeed.

ON SALE.

A FAHLE OF TRE RATES OF EXCHANGE AT HONGKONG

Demand Drafts on London on the day presseding the departure of the English

Mails also Table of the Yearly Approximate Averages for 36 years

FROM 1874 TO: 1909,

Price

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Recommanded at the Paris Aca demy of Medicine, for loss of appetite and flesh, to patients with consumptive tendencies.

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