SUPREME COURT.
Friday, Jano 13th..
IN APPELLATE JULISDICTION.
Boforo Sir HAVILLAND DE
SAUSMAREZ
THE HONGKONG DAILY PRESS, SATURDAY, JUNE 14TH, 1918.
PUBLIC LIFE.
THE NAVY.
Council, and when that is determined wo THE GERMAN CELEBRATION.original amount. In the event of a war breaking out, Germany could mobiliss must consider its application to the prestat point. An appeal lies as of right | THE EMPEROR WILLIAM II. AND nearly three times as many troops as
during the campaign of 1870/71, where the matter in disputeis of the value
Still greater services have been, rondered- of $6,000; that does not apply, for the
to view of the approaching celebration to the nation by the Emperor in the case uniter in dispute in a mortgage dead. An of the 25th anniversary of the accession of the German Navy. At the period of & Continental Correspondence (Berlin) hardly have been able to protect our Rppeal involves directly or indirectly contains the following interesting review cousts effectively, and one which played some claim or question to or respecting of the period
It is obvious that a man of such strongly Beets of the other Great Powers.
but a poor part when compared with the property, or some civil right amounting marked personality as the Emperor to of of the value of $5,000. For the William II. must have exerted consider appellant it is contended that whatever alle influence or the country over which the value of the claim, if the property in les rules. But the public utterances of a man with strong and definite views on
THE CHINA LOAN.
THE EARLY CLOSING OF THE SUBSCRIPTION KLETS.
•
(Chief Judge of the British Court in appeal also lics as of right where the of the Emperor William £I. of Germany his accession, he found a fleet which would Gold Loan were closed yesterday 800
China), Sir WILLIAM RES DAVIES (Chief Justice of Hongkong), and MT: JUSTIN KEM (Fuim Judge, Hongkong).
THR TALATI CABE.
In the matter of B. N. Talati . M. P. Talali. Plaintiff asked that the judg
•
failed entirely to appreciate the enormous
In those days the people of Germany | importance of Sea Power. The fact that today the nation is entirely alive to the ressity of having a strong flest is dus
From The Times of May 2nd: lists of application for the Chinese Gov
As was expected would be the case, the ernment Five per Cent. Reorganization after they had been opened. The official announcement states that the lise were opened at 10 a.m. and closed at 11.15, by which time the whole of the issue of tion received from the country by the £7,416,680 was fully subscribed. Applica first post to-day, however, will, as is usual in such cases, roosive consideration in allotment. The sucs of the loan made
ment of Mr. Justice Gompertz, delivered respect of which the olaim is made is all subjects must, of necessity, meet with to the personal initiative of the Emperor, a favourable. impressivit in the City, on the 18th March, be set aside, and that worth 85,000 then the appeal. goes as of both approval, and dissent in a "measure To-day the German fleet is second only especially in view of the poor reception unknown to a sovereign of a weaker and to that of England, and is greatly which has been negarded to many recent less decisive character. On many voCA– judgmont be entored for the appellants if some small easement is in disputesions the Emperor has aroused public superior to that of France. It is the issues of capital. The loan yesterday was
with costs, ongi, further, for an order that the respondent pay the costs of, and in- cidental to, this appeal.
Mr. F. C. Jenkin (instructed by Mr. Hind, of Messrs. Brutton & Hetty up- peared for the appellant, and M. E. H. Sharp, K., and Mr. M. W. Slade, K.O.. (instructed by Mr. W. E. L. Shenton, of Messrs. Deacon, Looker, Deacon & Hars- tou), were for the respondent.
were the
Those question of mistake, points about which doubts existed in their minds, and on the others the Court was satisfied, and did not wish to hear any thing on them.
i
GERMAN PATRIOTISM.
THE DESIRE FOR PEACE.
quated at one premiuri.
It is not known yet how much was Applied for, but the total is undoubtedly of the £7,500,000 assigned to London very large. It must be remembered that 23.000.000 was taken fra and will allotted in fall on the terms of the pros pectus, so that the amount available for the public sabscriber was only £4,500,000, Estimates of the extent of the total applications vary considerably, but
was a frequent. twelve times over Less, which would make an aggregate plication of nearly 880,000,000, count- ing the £3,000,000 taken firm as abovo
mentioned.
The issuing banks and firms have com
sidored it. facnumbeat upon them to give by applicants an opportunity of subscribing, and that is why applications by the first post to-day will be considered in the allotment. The keeping open of the list for country applicants after t has been closed in London is liable to abuse in the case of a successful loau, telegrans being respatched by greedy application in London to friends at a distance instructing them to apply by post. Issuing houses who do not wish to rule out the belated letters of bond fide country applicants often put themselves to much trouble in sifting out and reject- ing what are evidently letters sent in a roundabout manner from the metrorolls.
PARLIAMENT AND THE COAN.
WKNOWLEDGEMENT RECUSED
The Senate on the 6th inst, resived to return the Government's despatch request. ing registration of the Quintuple loan, This action is tantamount to a refusal of an acknowledgement of the transaction.
ACCIDENT TO SIR ROBERT JARDINE.
right, the result being, for instance, that which would affect the value of a property enthusiasm by his attitude; at other times critics that both our ships and men have unanimous opinion of all competent worth $10,000 to the extent of 8500 an
he has encountered considerable opposi- tion Happily he is not one of those who achieved a high state of perfection, and that the spirit permeating all grades, appeal would lie as of right benu pae, the
cannot brook contradiction of any kind, whole property was worth $10,000. I do but, once convinend of heing in error, he fro the admiral down to the stoker, is
an excellent one. not think this logical, and if the words, is always ready to acknowledge the justice of the opposite point of view. In any
GERMANY'S COLONIAL EMPIRE. "amounting to or of the value of 35,000"
case, quite irrespective of the fact whether
Our Colonial Empire too has kept pace are referred to "claim or question "
the Emperor's public utterances meet with with the development of our defensive instead of "property," the construction approval or the reverse, it is a great furces. The actual territorial additions is grammatical and logical. The second advantage for the German people to be made (the Caroline Islands, Samoa, ruled over by a man of such vivid and Kinnelow, New Cameroon, etc.) are Mr. Jenkin closed his specel for the question for solution is, them, not whether striking personality, as being a people not the most important factor, but plaintiff, and their Lordships retired to the mortgaged property was worth 35,000 without any well-defined political traditie main and most essential thing is that consider upon what paints respondent or more, but whether or no the mortgage į than they are, on many occasions, only every possible effort has been, and is being, should reply.
deed or the civil right of the plaintiff inclined to betray a certain indiffer made to bring our Colonies up to a high ence with regard to the most important state of civilisation and economic pros On returning after a long interval the dependent on the mortgage dood was public questions. A very good example perity. Ciernans of every class and creed Presiding Judge said that in the state- worth $8,000 to the plaintiff. The object of the manner in which the present now take an active interest in everything ment of claim the plaintiff alleged certain of the Rules seems to be to prevent taivial, Emperor bas influenced his people in concerning our Colonial Empire. Former political matters is to be found in the generations of our German youth were misrepresentations he was content to be
or unimportant cases going to the Privy fact that the number of voters returning consumed by the romantic desire to seek bound by the respondent's qualification of Council. Where a money value is the nerabers to the Reichstag has greatly adventures in America or India, to-day them. The Court would like to hear
increased during his reign Whereas ur young people pin their hopes on Counsel, on that point, and alse on the only criterion it is fixed at $5,000, and the during the first decades of the existence South West Africa or Samou, Those who persons who have already sent in a Court must decide whether on its merits of the German Empire, only about co emigrate desire still to live, and if neees- a case in which less is involved is to go per cent. of those entitled to vote exercised sary, to light under the German ing, and un. In this case the mortgage in respect this privilège, this number had increased have log ceased to take an interest in
to 8 per cent. by the war 1898, to 78tomehawks and soulps. of which the deed was executed was
per cent, in 1903, io 84.7 per cent. in the redeemed by the plaintiff, and the defen-
year 1907 and to 84.9 per cent. in the year But despite their strongly developed Dealing with the question of mutual dant in Court undertook to execute a
1912. Allowing for the fact that a certain sense of patriotism, the Gerinan people mistake, Mr. Sharp said the respondent conveyance to the proper person, on the percentage of electors were either away have remained lovers of peace, and it contended there was no mutual mistake, mortgage money being paid into a bank for ill or otherwise hindered from voting has always been the special endeavour of on the polling day, it may be said that the the Emperor to strengthen this penseful ang that what had occurred fel within in the names of the exccutors, and we are number of citizens who recorded their feeling. On the occasion of the opening the risks contemplated by the parties, To now informed farther that the property votes on the occasion of the last election of the first German Reichstag on the use the language of one of the witnessen, has been assigned to the purchasor free for the Reichstag almost reached the 21st of March, 1871, the Emperor said.
highest possible percentage.
in his speech from the Throne :--- May it was a gamble from start to finish, and of incumbrances by the defendant's co-
the war which has been brought to such was so regarded by all parties. He con-executors. I cannot see under what
In addition to the much greater interest glorious-end be succeeded by a no less tended that Aporr was the plaintiff in possible circumstances this mortgage deed shown by the people of Germany for glorious period of peace, and may it be the case, and quoted extensively from can love more than a nominal value for polities in the course of the Emperor's the continuous endeavour of our people correspondence to prove his contention. the plaintiff. Gompertz 1, in this, a still more important change has prove themselves equally viëterioris in Apcar was to get a third of the proceeds. Court, expressed the opinion that this had taken place; we allude to the development the arts of peace: May God grant it so !" of national and patriotic feeling now met The Emperor William II., ns is well- and the evidence was that he did ret abren a battle for costs," ie, that the with on all sides throughout the Empire.known, entertains a profound feeling of
Sir Robert Jardine ruce with a rather third. Plaintiff in evidence suid he question issue had no substantial It is true that the Socialist Party has admiration and veneration for his grand- left the whole matter to Apcar. Both
money faluc; I agree, and accordingly gained in strength, but this can be easily father, and has always regarded these serious accident while mooring in Sun- plained by the fact that Germany is solemn words as a kind of sacred legacy. day sching, May 17th, between Royston Apear and the plaintiff know that the conclude that the plaintiff has noeming more, and in an industrial During the twenty-five years of his reign and Newmarket. At the cross-roats close defendant had not any money, and that indefeasible right to appeal, and that the country; this increase, however, has been he has faithfully preserved the peace, and to Whittlesford his chauffeur saw another his only assets were these uncertain, per- | Court would be wrong, to exercise its more than equalised by the manner in it will continue to be his endeavour to
ear approaching from Whittlesford, and mits, dependent upon the wit of the discretion under Rule 2 () on the ground which the various sections of the Liberal maintain this greatest of all blessings for realising that a collision could not be
Party are becoming gradually welded into his people.
averted, he put on speed hoping to clear Chinese Government, and which had been that the matter ought to be submitted to
WALL AGAINST MISERY, one harmonious whole. During the reign'
it at right angles, bat the uthier car caught There is only one kind of war into the hind wheel of Bir Bobert's car and allocated to him for the remainder of the His Majesty in Council." Leuve must be of the first Emperor, and even during the period provided for in the 1908 refused.
first ten years that the Emperor William Which the Emperor throws himself with overturned it, with the result that. Sir 1. sat upon the Throne, the Government Heart arid soul, the war against trisory Roliert sustained a fracture of the collar- Customs arrangedients: They also
the were more or less dependent for support with unflagging ecergy he has continued home, and a valet travelling with him knew and recognised from the out-
The chauffeur- in the various Conservative sections and the social reforms begun by his grand had his arm crushed. set that the risk hanging over these
on the minore Moderate Literals. In those father in 1981. It was during the first escaped injury. The other car contained permits was whether they would live their
and the Catholic Ceutre stere unt to be with Old Age and Invalid Insurance concussions. Sir Robert Jardine was con- days the Liberals of the Extreme Left year of his sign that the law dealing two ladies, who sustained some ante and time. Would they go to 1916. It was
lied, for instance, where the came into fores, and on the first day of veyed to his Newmarket residence, and manifest that the Chinese Government
proposed army increase was rejected by the jubilee year of 1913 a scarcely less the latest mail news is that the fracture had resolved to go back upon this, ar-
the Reichstag, in 1893, and during the beneficial reform, the Pension Insurance has been set and Sir Robert is going on rangment, and the question was," Could
winter of 1996 and 1997 when the Centre for Private Employees Bill, was passed, well. ity" The plaintiff and Apar ware
and the so-called "Independent Party" In order to give an idea of the vast played havoc with the Naval Estimates monetary demands made by social legisla years have, witnessed a complete change. that the annual expenditure for the year ment of the property subject to the The Left Wing of the Liberal Party and 1910 fex Insurance against Sickness, bank to the credit of the executors. payment of the mortgage money into a the Catholic Cons can now be depended Accident Insurance and Invalid Insur on to vote in favour of any Bill making hundred million marks, a figure which, ance -amounted to more than eight cannot agree that the mortgage deed for an increase of the navy, and just, atawing to the new law dealing with the In the time of the action had anything but
the present moment, when the Emperor is about to celebrate the 95th jubilee of surance of Private Employees and the an unascertained or nominal value for his reign, all sections of the Liberal constantly growing population, will the plaintiff, but it now appears that the Party have voted in favour of the Bill steadily increase from year to year. The other three executors have exccuted a for the increase of the Army which, was Emperor William H. has adopted the re-assignment to the purchaser in whom brought in at the end of March; and this motto of the greatest of his forefathers, the legal estate is now vested. It is therepite the fact that the proposed increase: Frederick the Great: I will be a foi des
is to be a very extensive one, and will Gueue.
and material sacrifices such as have ever before been demanded for a simuar purpos
|
The Chief Justice said-I am of same opinion, On my construction of the rule the action did not directly or indirectly involve a claim respecting pre- perty or some civil right amounting to or of the value of $5,000. The action was for a return of a anortgage deed which in fact had been redeemed by the plaintiff before nation and the defendant ad determined to get them for what they inittedly offered to execute a re-assign-1. From this point of view, the last fifteention of this order, it may be mentioned
worth, and they feared, not only that the Chinese Government might put a stop to these import arrangements, but that the plaintiff's own action in Barbay, if pressed in Hongkong, would driyo defen. dant into bankruptcy and that the per- mits would then be forfeited.
I
at
Mr. Sharp also referred briefy the question of wisrepresentation, and said that they still considered that an accurate view had been taken. It was not sug. gested that the non-delivery of the fore clear that the appeal as a fact does permits had anything to do with this not now involve any claim or question matter. All possible claims and rights relating to property or any right of the had been fully recognised and discussed monetary value limit laid down by the at the many meetings between these nar. rule, and I agree with the learned Presid ties and during the negotiations for this ing Judge that it clearly is not a case for agreement. There were meetings, before the exercise of a special discretion under It is repugnant to me to ever they went to any lawyer, in their own. Rule 2 (b). boures, at which the plaintiff, the defenprevent by any means the vision by the dant, Apcar, and F. P. Taliti were Supreme Tribunal of the judgments of always present...
this Court, but I feel sure that if the leave asked for in this case were granted the Privy Council would regard it as an abuse of the Rule..
The heuring was adjourned.
THE MORTGAGE DESD APPEAL
THE MINY.
EXTRADITION TO CANTON,
CHINA'S MINERAL RESOURCES.
WHITEWAY, LAIDLAW & CO.
This concern, which carries on an imm- portant business is drapers, outfitters, and general dealers in India, Barmah, China, as well as in Great Britain, has Ceylon, the Straits Settlements, and made further progress (says a reurt Lon- don paper) and trading profit during the year ended February 28th last increased There is no from £10.900 to $125,800. increas in the dividend, which remains, therefore, at 10 per cent, to which it was
more than last time, is placed to reserve, advanced last year, but £38,237, or £5,337, making that fund over £120,000, while £1,000 is again set aside to employees' provident fund. The carry forward is increased by nearly £1,000 to £5,623.
THE BRITISH INDIA STEAM NAVIGATION CO,
The British India Steam Navigation dividend shows that the company has done exceptionally well during the past year.
A Reuter's telegram from Canton, nu- And this leads us to speak of the pearing in the Shanghai papers, saya :--- development of the defensive forces of the The Canton police have decided to Crown under the Emperor William II establish an extradition office in Hong- The Emperor, like his great forefathers, kong to deal with fugitives from justice Frederick the Great Elector, Frederick William I., Mr. Bowley, a Hongkong solicitor, has the Great, and the Older engaged as Agent. Proceedings for the Emperor, is firmly impressed with the deportation from Canton of two Greeks, idea that it is essential to the welfare of accused of counterfeiting, will be opened the State for its defensive forces to develop in accordance with the require- ments of the times. We owe it to him that our army is equipped with the latest The Ministry of Commerce and In modern weapons, that the number dustries is alleged to have issued a of Gur enginrering troopy.
(rail- ciicular to the Tutuls of all the provinces The Puisne Judge said-I agree gen-way troops, aviation troops, etc.) has requesting them to despatch deputies to erally with the judgments which have been greatly added to, that a two years Peking to take part in a conference of Just been delivered by the karned Presid-serving has been introduced into the mining experts, mining enginoon, miner- alogists and geologists, which will discuss leave to appeal from the judgment of the ing Judge and the learned Chief Justice, greater part of the army, whereby the the mining affairs of the country, and forward is about the saing at £13,583. A
ntber of available reserves has been Full Court to His Majesty in Privy I think that the matter in dispute is the greatly increased, and that since he especially the advisability of promptly Council, and that, peading appeal, the deed and not the mortgage contract, and ascended the Tharon the peace strength developing the vast latent mineral e- execution of the said judgment might be that the value of the deed is clearly not of the ariny has become greater; if voources of the country and thereby include the results to be brought about which the toiling million are compelled ameliorate the pitiable conditions under suspended, Lo Sut Po was defendant the amount of the mortgage delt but is by d New Army Bill, the peace strength to exist despite the enormous wealth lying i
only nominal. With regard to the second has been added to by nearly half the dormano in the soil. part of Rule 2 (a), I think that it is the claim or question, and not the property, which arust be of the value of 25,000, and
Judgment a given in the appeal heard on Monday, in which Hung Kwai Ching, plaintiff in the original case, and pixellant, asked that the Court grant
and respondent.
Mr. M. W. Slade, K.Ü. (instructed by Mr. Needham, of Mesars. Ewens & Need ham), was for the appellant, and Mr. E. H. Sharp, K.C. (instructed by Mr. Davidson, of Messrs. Hasting & Hast-volves any admission that there is no ings), the respondent.
I do not think that this construction 'in-
distinction between the two parts of Rule In my opinion; therefore, leave
FOREIGN CONSULS IN TREATY PORTS.
A Peking telegram to a paper says:-
The Presiding Judge said: This 2. (4).. is an application by the plaintiff for must be refused. leave to appeal to His Majesty in Council. The respondent objects that the matter in dispute is below the appealable: value of $5,000. The appellant says that the civil right in respect of which he wishes to appeal is of the value of over $5,000, and that his claim is in respect of property which is of the value of over The first question is as to the $3,000. meaning of Halo 2 (a) of the Rules govern- ing appeals from this Court to the Privy
Shanghai
It is reported that the Diplomatic Corps has presented a Note to the Wai- hisopu requesting that the foreign Copauls in the distant treaty ports be granted the right of employing Chinese guards for the protection of their pre- mises, owing to the present difficult times and unsettled conditions in China,
439
PERTUSSIN.
Ia barmless and efloient remedy against all discases of the respiratory organs, especially WHOOPING COUGH, CATARRH OF LARYNX, ACUTE AND CHRONIC BRON- CHIAL CATARRH, ASTHMA, ETC, which has been recognised puequalled by the bigbest suthorities, Also the AFFECTIONS OF THE LUNGS will be greatly reliever by the use of it,
⠀⠀⠀⠀ TO BE HAD AT EVERY CHEMIST.
IMPORTERS:
J. BETINES & CO,
TIENTSIN AND PEKING,
VOELKEL & SCHROEDER, LTD.
SHANGHAI
Not only is the dividend main tained 41 7 per eut. for the eleventh consecutive year, but this time there is special bonus of 21 per cent. The insur- ance fund is brought up to the round million sterling by an allocation of £347,260, whereas a year ago the transfer from revenue was only £150 000, On the other hand, £350,000 was placed to reserve, making that fund £500,000, wheres there is apparently no allocation to this account on the present occasiona The "carry- number of old steamers have been sold at prices in excess of their book vajies.
STOLEN FROM A SHIP'S CABIN. The Cclombo Police have been informed of the theft from a cabin of the N. L. K.M Luetson a portfolio, belonging to Mr. Schellas, late Captain in the Germany Army containing 1 deposit receipt issued by Deutsche Asiatische Bank, Shang- hai, for 12,000 tacks the following noter; one 1,000 marks: Eve 100 mark (Ger- mari Currency Lils) 20 to 30 Shanghai dollars in notes of five dollars and ten dollars each; 1 return passage for a Chinese boy 1 receipt of the Deutsche Asiatiche Bank for 2 packages containing valuable; receipt issued by Messrs.
The Voelkel and Schroeder, Shanghai firat tooth of the gentleman's small boy, folded in small piece of paper,
A remarkable verdict: was returned at the Wilshire Assizes on May 2nd. A. workmen was charged with the murder of his brother by shooting him there times. The accused pleaded desperate provoca- tion owing to the deceased's brutality to his aged parents and sister. He. was acquitted amidst applause.
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