Page
SUPREME COURT. Wednesday, 29th January,
BEFORE THE CHIEF JUSTICE (SIR W, REES DAVIES, K. C.) AND THE PUISNE JUDGE (Mu. 11. H. J. Gourentz)..
Mr. Potter-Yos.
Z049MH YAMET 24 MITAA UKONORDW WIT
THE HONGKONG DAILY PRESS, THURSDAY, JANUARY 301#, 1918.
The Chief Justice-I should have had an affidavit to that effect.
Mr. Potter The man is here I am prepared to put him into the box.
Further discussion took place no to whe ther the articles written would prejudice the trial, Mr. Potter contending that as CONTEMPT OF COURT. Soye Matsushima, of 04, Queen's Road Central, the printer and publisher of the they were written in Japanese and the the Hongkong paper had only a circulation of about Japanese newspaper,
po, appeared before their Lordships 200 copies that could not be so, but the with reference to the rule ni which hadChief Justics pointed out that no matter been issued against him for the publien in what language sucli cominent appeared
it would be contempt of Court. tion of certain articles in his newspaper concerning the forged bank note case which were alleged to constitute contempt of Court.
Mr. Jenkin said that he was instructed to say that subject to their Lordships' discretion in the matter that if an apology be given to the persons for whom he appeared, and that that apology an- peared in the papers, and that what they asked in the matter of costs, the costs of those proceedings, they would leave what ever further punishment might be con- sidered necessary entirely in the hands of their Lordships.
The Chief Justice asked the respondent to step forward, and when he stood before him his Lordship addressed him as fol- lows:-You have committed what accord-
Mr. Jenkin, instructed by Mr. J. H. Gardiner, appeared for the applicant,ing to the law of England generally is a and Mr. Elden Potter, instructed by Mr. serious offence, inasmuch as you have pub. Shenton, of Messrs. Deacon, Looker, liched a series of articles in your news- Doneon & Harston, appeared for the paper dealing with a question now before the Courts of the Colony. The Court re- respondent,
cognises that you may have been moved by a motive of exposing the misconduct of your co-patriots and your desire to dissociate your newspaper from what you deemed to be the illegal actions of these men, We also recognise that it is possible you are ignorant, or more or less ignorant, of the offence. you committed and possibly you did not know that, in publishing these articles, you were com- mitting a very serious offence against the laws of the Colony. Your learned Counsel has asked the Court to take a lenient view The learned Counsel of your position. who is moving against you acquiesces in that. The Court, however, desires it to be known that people who commit con- Mr. Porter said that he proposed to detail the alleged contempt to their Lord-tempt of Court in future by publication ships, but before doing so explained that of any articles regarding matters before he was in a position of difficulty with the Courts will be severoly dealt with. We order you to insert an apology to this regard to the offer made by his friend.
Court for the publication of these articles, The offer was one which any Counsel
in two Chinese papers and in your would be inclined to accept, but it was
undertaking to the Court not to repeat, difficult to accept it because it was doubt Japanese paper, and that you give an or in any way to publish articles of any ful whether any contrapt had been com- mitted at all.
similar character in the future, and that (To Mr. you pay the costs of these proceedings as between solicitor and client.
The Chief Justice observed that it was a matter for the Court. The apology was to the Court. Therefore it was necessary that the Court should know what the contempt alleged.
The Puisno Judge asked if the articles did not assume the guilt of the persons charged.
Mr. Potter roplied that that was so, but he would detail a number of facts which would show that this was no ordin- ary contempt, and that an apology and an expression of regret ought to be suffi cient, coupled, of course, with an under- taking that no such alleged contempt should again appear in the paper.
COMPANY REPORTS.
HUMPHREYS ESTATE AND
FINANCE CO., LTD.
The report for the year ending 31st Decorber, is as follows:
Gentlemen, The directors now beg to submit to you their report and statement of accounts for the year ending 31st December, 1919.
The not profit for that period, including $4,021.90 brought forward from last account, amounts to Sant
Remuneration to direc From which have to be deducted:
tors & per cent. on net pralt Remuneration to gen oral managers 5 cent. on not profit.
HONGKONG, CANTON AND MACAO]
STEAMBOAT CO., LTD.
The report of the board of directors
states:-
The directors beg to submit to the share: holders the report and statement of ac counts for the half-year ending 31st December last,
Cr;
Dy, amount brought. forward
from last account By not earnings of steamers ...... By income from investments .... By transfer fees
$24,520.00 129,989,34 31,145,63 40,00
$185,905.00 DEPRECIATION AND INSURANCE PUND.
Dr.
After paying running expenses, salaries, Te balance premin of insurance, repairs and all other charges there remains, including $24,820.03 brought forward from lust ac count, the sum of $142,845.88 at credit of By amount at credit
From this profit and loss account, 804,308, 10 amount the directors recommend that a
$4,014.30
.84.614.30
9,229.60
$85,079.50
Leaving a balance of Which the directors recommend should be appropriated followi
rescivo
Pay a dividend of 50 cents per
share Transfor to jusurance
fund Carry forward to now profit and
loss account
..875,000.00
5,000,00
5,079.50 885,079.50 Directors. In accordance with rulo No. 76 of the Company's articles of associa Scott tion the directors, Messts. J.
C. Bonnar, W. L Harston, J. W. Pattenden and Dr. J. W. Noblo, retire, but, being eligible, offer themselves for re-election.
Auditors. The accounts have been audited by Messrs, W. Hulton Potts and H. Ferey Smith, F.CA., who offer them:
HENRY HUMPRIETĂ,
Chairman, selves for re-election.
Hongkong, 25th January, 1913. BALANCE BREST AT 31ST DECEMBER, 1912. LIABILITIES. Capital account:---
150,000 shares at $10 each....$1,500,000.00 Insurance reserve fund......... Typhoon and floods insurance
fund
Mortgages. Sundry creditors Unclaimed dividends Profit and loss accurat
AJRETA.
227,002.70
Cr.
dividend for the half-year of one dollar per share or 880,000 be paid to share- holders, 803,090 be written off the book To balance valuo of steamers, $10,000 be written off value of wharves, properties and lighters, 35,000 be transferred to credit of special
& balance of By amount at eredit repairs fund, leaving $22,845.88 to be carried forward to now account.
Keen competition on all lines operated by the Company, duliness in the Canton
Cr.
..$ 800,000.00
$600,000,00
.$ 600,000.00
$600,000.00
EQUALIZATION OF DIVIDEND FUND.
Dr.
.$ 250,000.00
$250,000.00
$ 250,000.00
$250,000.00
SPECIAL REPAIRS FUND.
Dr.
12,433.80 14,079.05
$26,513.81
16,513.81.
export trade, and heavy loss by exchange To sandry disbarsonients in subsidiary currency, have continued To balance ..... during the period under review.
The devastating fire that occurred at Canton on the night of the 9th November last destroyed the Company's Wharf and jointly owned properties, which loss was covered by insurance.
The contract for the construction of the now steamer, mentioned at the last meet ing lus been awarded to the Hongkong and Whampoa Dock Co., Ltd., with date of completion end of September of the current year.
Cr.
By amount at credit
By amount brought forward from profit and loss account for half-rear ending 30th June, 1912
Hongkong, 25th January, 1913,
10,000.00
$26,513,81
W. E. CLARKE,
Secretary,
The annual R. FeRMASS, Directors. C. H. Ross.
During the half-year the steamers have run free of all accidents. Government survey and general overhaul of the Kinshan, Sui An, Sui Tai and Houts have been effected during this at the stearts forming the Company's fleet are now all in good work ing order.
Mr. F. A. Gomes resigned his sent on the Board on the 11th December last.
The retiring auditors, Messrs. A. O'D. Gourdin and W. Hutton Potte, offer them- selves for re-election.
R. FUHRMANN,
BALANCE SHEET. Y.JABILITIES. 24,356.35 Amount of capital, 80,000 shares 847,625.00 of $15 each fully paid up 219,501.46 Amount at credit of deprevia
2,340.05 |
tion and insurance fund 94,308.10 Amount at credit of equaliza
tion of dividend fund Amount at credit of investment
fluctuation account About at credit of special re- 560,417.38
pairs fund 528.00 Unclaimed dividends.... 16,914.228undry creditors
$2,916,045.00
Amount invested in property.82,334,959,68 Potter)--Give instructions that these are Mortgages and lonns
Office furniture carried out regarding the apològies.
Mr. Potter-Yes, my Lord.
IN ORIGINAL JURISDICTION. BEFORE THE CHIEF JUSTICE (Sin W.
REES DAVIES, KC.)
MANDANUS AGAINST THE BUILDING AUTHORITY.
Accounts receivable.
Fire insurance premia
pired
Accounts payable ...... 1,984.83 Amount at credit of proft and 1,181.45
loss account ........... €59.80
unex-
Cash in hand and at Bank Stores
$2,918,045.66 PROPIT AND LOSS ACCOUNT FOR THE YEAR ENDING 31ST DECEMBER, 1912.
Dr.
.S 4.799.14 10.060.43
Mr. Eldon Putter, instructed by Mr. To fire insurance premia R. F. C. Master, of Messrs. Johnson, Te interest
To repaire
In reply to the Puiene Judge, Mr. Potter admitted that the whole basis of the application was that the articles which had appeared in the journal tended to prejudice the fair trial of the deferi. Stokes & Master, made application for To crown rent.
order calling upon the Building dants. Counsel then quoted the alleged an contempt as set forth in the affidavits. Authority to show cause why a writ of The writer referred to the arrest of amandamus should not isso against him number of Japanese for having been in to approve of certain amended plans in
our pen.'
Mr. Potter admitted that that was so. The Chief Justice added that in the light of those statements he did not nes how Mr. Potter coald submit thas there was no contempt.
To legal expenses. To general charges
To allowance to general managers to cover office rent and cover office rent and salaries of sec retary and clerks....
To balance
1011
Cr.
By balance brought forward from By profit on sales of properties By rent By commission By transfer fee
W. L. PATTENDEN, Dr. J. W. NOBLE,
•
38KETS. Value of
Honcm, steamers Heungshan, Sui An, Sui Tai, and Hoi Sang, hs of Kin- ahua, and 1/3rd of Sainam, Nanning, Lintan and Sanui. 11,112.15 Value of lightera Sunlee & Wales 5,327.94; Value of wharves, hulke and 1,093.50) moorings res 2,189.21-1 Value of properties at Canton,
Wuchow and Kongkun Value of spare gear and stores. Value of furniture 8,000.00 Value of shares and dekontures
800.00 in public companies 94,308.10 Loans on mortgage........
$149,199.501
Hongkong and Shanghai Bank- ing Corporation, current a/c.
date Interest accrued to $ 2,021.00 Bundry debtors s 11,620.00 Accounts receivable 118,897.88
Marine insurance premia ac 143.00
count. 1913 m 10,610.72 Amount paid on account of new steamer building $119,109.50
Directors, JOHN D. HUMPHREYS & SON,
General Managers, EKOS SETH,
Becretary.
possession of forged bank notes, and ex- respect of Section C of Inland Lot No. 797 To auditors' fees. pressed his disapproval of the disgrateful submitted to him on the 2nd Deceraber last conduct of these Japanese in so doing by Messrs. Palmer & Turner on behalf of and proceeded to, say, "We feel it our Lo Chap Shan in connection with tho heavenly duty to punish these rascals with erection of four European houses and Evidently, added Mr. Potter, eight Chinese houses, or in the alternative the editor of this paper thinks his sancthe Court should make such order, as it tion comes from a very high authority saw fit to make under section 265 of the indeed, The writer also remarked, Public Health and Building Ordinance. "There is no doubt about their being He explained that under the section criminals, and "looked at from the quoted where a person was dissatisfied point of Japaness law they are clearly with the decision of the Authority he was guilty."
Council, but a subsequent section gave The Chief Justion remarked that those entitled to appeal to the Governor-in- liberty for a person to apply to the paragraphs prejudged the case.
a mardamus or Supreme Court for injunction instead of appealing to the Governor-in-Council. The facts of the case were set out in the affidavits, from which his Lordship would gather that certain plans had been submitted to the Building Authority, who had refund to approve of them. Counsel had only to make out a prima facie case at the moment, and he would give his Lordship one examplo of the attitude of the Building Authority. Reference to section 158 sub-section 5 of provided that no building should exceed the Ordinance would show that it was the journal was to foster friendly rela-70 feet in height above the level of the and the street, and no domestic building was to tions between the Chinese
be erected without the permission of the Japanese.
The Chief Justice-The motive which Board if it exceeded four storeys in height. The building in question did not prompts the writer of the article may be exceed 76 feet in height, but as a matter of 2 hasement and four. taken into consideration in regard to fact they had punishment, but it does not affect the storeys, The Building Authority asserted that a basement constituted a storey, and question of contempt.
the proposed building having therefore Mr. Potter said he was not submitting five storeys,, the plan could not be that there was no contempt, but as eer. approved. The basement at the most was Lordship would refer to the definition of tain Chinese papers had suggested a boy-only 8 feet 6 inches in height, and if his
Mr, Potter replied that he would give certain facts which be thought would show that the case might be met by an apology and by an undertaking not to publish such paragraphs again in the There was no reflection in the paper. articles upon the Hongkong Court. The writer meant that the matter had an in- ternational bearing, and the policy of
cott against the Japanese for having storey ho would find that a storey did introduced those forged notes, the editor not include any space which was of less had thought it his duty to point out in than nine feet in height. his paper that so far as the Japanese were concerned there had been no attempt to import forged notes into Kwangtung. Counsel then quoted from the articles at length.
The Puisno Judge-He could have said all that if he had used the word "it."
Mr. Potter-If he had been more skilled
in the law he could have put all these
things bypothetically.
The Puiano Judge-Ho has suggested that they are guilty.
Mr. Polter-It was his intention to show that the Japanese had no desire to import forged bank notes into China,
The Chief Justice-You allege that this man, who is the editor of the paper, is ignorant of the law?
His Lordship-There is a clear issue at law stated in the correspondence?
Mr. Potter-Absolutely, my Lord. The application was granted.
FORENSIC BLOQUENCE.
A new record for forensic eloquenes has been set up by the Solicitor-General, Sir John Simon, in the sratration tween the Post Office and the National Telephone Company. His speech for the Post Office lasted 9 days, or 46 hours in all This beats the previous record, by the Attorney-General Sir Rufus Issacs, whose speech in the Appeal Court in the famous financial case of Wyler. v. Lewis, known as the overlasting law case, extend- ed into the ninth sitting. In the same litigation Sir Edward Carson spoke for eight days.
We report that we have audited the bore balance sheet with the books and vouchers of the Company in Hongkong and that in our opinion such balanes. hibit a true and correct view of the state shoe is properly drawn up so as to ex- of the Company's affairs at the 31st December, 1912, according to the best of our information and the explanations We have obtained all the information given as, and as shown by the books of and explanations we have required.:
W. HUTTON POTTE, H. PERCY SMITH, F.G.A.,' Hongkong, 21st January, 1913.
the Company.
Anditors.
доро
2
Chairman.
$1,200,000.00 600,000.00 250,000.00
74,488.15
We report that we have audited the vouchers of the Company in Hongkong live balance sheet with the books and and that in our opinion such balance sheet
is properly drawn up so as to exhibit n true and correct view of the state of the Company's affairs at the 31st December 1912, according to the best of our informa tion and the explanations given us, and as shown by the books of the Company..
We have obtained all the information and explanations we have required."
A. O'D. GOURDEN, Auditors. W. HUTTON POTTA, Hongkong, 25th January, 1918.
HONGKONG & KOWLOON WHARF
& GODOWN CO., LTD.
The Hongkong and Kowloon Wharf and 14,079.95 Godown Co.'s accounts for 1912 sbow a 3,940.75 balance at credit of profit and loss 83,001.69 account of $518,490.91, which, subject to 109,578-28 audit, the directors will recommend to 142,845.88 shareholders should bo disposed of as
follows:- $2,418,912:6-1
To pay a dividend of 7% from
working profits
$210,000.00
INTIMATIONS
BABY CONSTANTLY CRIED WITH ECZEMA
Would Scraten Until Face Bled. Had to Watch Him Night and Day. Uses Cuticura Soap and Ointment, Face Clears, Scars Come Off, Sleeps Peacefully, and is Cured.
"When my faby w five weeks old I noticed something on his face like a dry
scurt which soon spread ail ovor his head. The doctor Bakd it was dry eczema and gave me some stive. Ho. told me to bathe it frealy with olive oil. This I did but it gradually got worse. We got no rent night of day, it was so itchy, o would scratch his face until it bled. Al Just I took tim to an firmary, They sald it was a very bad ase of dry rezents and gayè me a jati, ssive, told me to put on linen and put on his free and head, I con- tinund this for some werks but all to no pod. He got so bad sonicore had to watch Hat night and day and he had his hands td so he would not nike his faco bised. Ho was constantly crying with the paRİN. "Iired mangather ointments but they weto alt no use. By friends advised no to 17 This I did Cuticure Soap and Distineat. and before I had finished the first hox of Cutleum Olotment his face cleared, the seats came off his head and left no marks whatever, Ho was able to aleb peacefully which he lui not done for months Baby is cow nearty 1wo years off, on there has never been Live least signs of its retuch since he was cured Rome Floven nunths ago. It was all gone before I had falsh the rond her. When- ever I hear of anyone auffering with eczema I always recommend · Cuticurs Reap and Ointment. I am very grateful indeed for them." (Signed) Mr. Wicen. 13, l'eme Bt., Hartlepod, DurhakkEng., Dec. 16, 1010. A sample of each with 2-p. hook freys from nearest riepot: F. Newber Bans, 27, Cher- terhouse Ba., London: R, Tua & Co., Syd- N. S. Lennon, L., Cape Town: ler, Maclan & Co., Calcutia and Bombay Patter D. & Corp.,sole propa..Boston, U.S.A.
96-18
Chs. J. Gaupp & Co.,
ALIYANDRA BUILDINGS;
CHATER ROAD.
CHRONOMETER-MAKERS,
JEWELLERS AND OPTICIANS
To pay a bonus of 2% from
profits on sales of property, Write off Wharves; etc.......
to Equalization of dividend fund Carry forward
60,000.00 78,791.17
WATCEMAKERS.
150.000.00
21,699.74
$18,490.91
FINE
992,000.00 Transfer
4,000.00
115,343.64
06.991.77
20,486.94
1,009,00
826,€50.00 167,000.00
-HOW PRISONERS ESCAPE.
ANOTHER ESCAPE FROM THE GOVERNMENT CIVIL HOSPITAL
DIAMOND
JEWELLERY
A SPECIALITY.
ENGLISII, AMERICAN
AND SWISS
GOLD AND SILVER WATCHES,
BRACELET
GOLD
AND SILVER
WATCHES.
80,623.03
215.49 Chinese constablo No. 968 appeared 22,719.64 98,206.23, before Mr. Hazeland at the Magistracy yesterday charged with having allowed 9,737.50
ja prisoner to escape. 44,000,00 Inspector O'Sullivan informed his Wor-
ship that on the 22nd instant the con- ENGLISH MOUNTED CHINESE JADE $2,418,012.04 stable took charge of a prisoner who was
JEWELLERY
-PROFIT AND LOSS ACCOUNT.
* Dr.
Ta amount paid for repairs to
steamora
on
To directors and auditors' fees.
Balance to he appropriated, viz. Te dividend of $1 per 80,000 share |
Bhares MARKET To be written off book
value of steamers... 25,000.00 To be written off book
..$80,000.00
value of lighters, wharves & properties 10,000.00 repairs fund To be carried forward To be carried to special
to new account..
5,000.00
22.845.88
38,899.12 4,250.00
142,845.88
$185,995.00
Odol does more than cleanse and beautify the teeth; it preserves them from decay; it refreshes the whole mouth to the point of exhilaration, keeps the gums healthy and free from tenderness, andlightfully perfumes the breath.
And by a remarle property peculiar to Odol alone, it permeates the mucous membrane of the entire oral cavity with its antiseptic elements, leaving the mouth proof for hours afterwards against the attacks of injurious bacteria which, if not guarded against, inevitably destroy the teeth.
[104-22
in the Government Civil, Hospital and who was under detention on a charge of larceny. Defendant afterwards reported
that the prisoner bad escaped from his MAPPIN & WEBB'S
custody, having made his way out of a lavatory window and escaped by means of a scaffolding.
His Worship remarked that the build. ing should be so constructed that men could not get out.
Inspector O'Sullivan replied that the matter had been reported to this Govern- ment before, but no steps had been taken. His Worship said that he would see Mr. King on the subject. It was a very im portant matter having regard to the fact chat there had been other escapes.
Defendant said that when he found the man had escaped he blew his whistle and chased him from roof to roof.
His Worship discharged the defendant with a caution, and commented on the fact that the lavatory had not been remedie
SILVERWARE, CUTLERY and
FLATE.
41
PRIN
so as to prevent such escapes. Until it STUDY
was remedied, policemen sent in charged uf prisoners to the Government Civil Hospital should be specifically warned to keep a close watch on their prisoners.
NAVIGATION BETWEEN JAPAN AND VLADIVOSTOCK,
VESSELS ENCOUNTER ICE FLOES.
The O.S.E. Vladivostock liner Hosan- maru left Tsuruga for Vladivostock on the night of the 14th instant, after repairs to her propeller had been effected. the neighbourhood of the Russian coast
If
THE EYE
and its anatomy and our long experience in corecting defective vision enable us to tell beyond doubt if your eyes will be benefited by yearing plassen.
Our method of testing is solentifio and nocurate. If you do not need glasses we will tell you so. If you do nood glasses. we can supply end st them at extremely molerate prices.
is icebound, the vessel will probably be MAKE. CERTAIN.
compelled to put back to Tsuruga. Accord- ing to an arrival from Vladivostock, owing to the quantity of ics encountered, it takes about eight hours to navigate from Vladivostock to Askold Island at the present time, as against thres hours on. Fordinary occasions.
A. British steamer is disabled off
Two or three Jap Skraidroff Island. nese vessels are also disabled in the neigh-
bourhood. Only one ice-breaker is employed in clearing the sea of ice and disabled vessels.-Japan" helping the Gazette.
WE WILL TELL YOU.
BARK & Co
BLOGS, CHATER RD
HONGKONG