Page
TIE
THE HONGKONG DAILY PRESS, TUESDAY, JUNE 1858, 1918.
CONSCRIPTION THEMILLION DOLLARS OPIUM CONTROVERSY.
MR. JENKIN MAKES THE AMENDE HONORABLE.
CASE DEFENDANTS AWARDED THE FULL COSTS OF THE ACTION.
The following is the judgment delivered A copy of the following correspondence on Friday on the issue of costs in the has been forwarded to us for publication case E. V. Carpmael e. the Po Yuch. Ma at the request of the partics concerned-Chee Lung and Lee Hysan :---
TO F. C. JESKIN, ESQ1, C.D.§.
As those who advocated the formation of a Tribunal with compulsory powers, we should like to reply to some of tho insinuations against us which you have been taking such pains to publish in the Colony. You say you repudiate all iden of casting aspersions and insults upon es, but we think any fair-minded person will admit that your questions implied, whether intentionally or otherwise, that we had made these proposals with the
ertain knowledge that we should not called upon to go. As this is too serious an insinuation for us to allow to pass unchallenged, we are reluctantlycom pelled to seek the publicity of the Press in order to remove any "misunderstand | ing" by explaining the motives of our
netion.
H.E. the Governor, in the Council last August, stated that, in the opinion of those best able to judge, there were still about 61 men of military ago in the Colony, who, for reasons best known to themselves, had not seen fit to present themselves before the Military Service Commission. He considered, the estimate rather high, and put down the figure at between 20 and 40.. (It will be ramem- hered that quite a large number of men left the Colony whilst conscription was under consideration).
The fact that this statement and never Boon publicly corrected or withdrawn, together with the very serious statements «n the subject of man power by Ministers at home at the time of the beginning of the present German, offensive, led us to the conclusion that, as conditions had changed, the time had arrived when the case of every man of military ago in the Colony should be submitted to a Tribunal with powers of compulsion. We further suggested that this Tribunal should have powo to transfer men from unessantial to essential work in order to release people such as ourselves, whom the Go
ernment have several times refused per mission to go home and fight on the grounds that they considered our work essential. As regards the question of married men being compelled to leave, we had already, before the publication of your questions, offered to go in the place of any married man whom the Tribunal might determine to be engaged upon unessential work, provided he would suit ably fill our place. Wo should not “sit tight" and see married men sent away.
Quite apart from the fact that under- changed conditions none of us can say for cortain whether we shall be considered essential or not, you must see that your. insinuations, which practically amount to an accusation of cowardice made in a polita form, pra untruthful and unjust in the extreme, and we must request you, as a gentleman, to deny them or with draw them.
Wo have now a proposition to make to you. Will you, for the time being, give up your practice (it can hardly be con Bidered essential work in these times, and many people have had to do the same at bome) and come and offer your ser vces to the Bank, thoroby releasing one of us for active service at home? "It will not be necessary to exeuse yourself on account of your position as Deputy Superintendent of Police (Reserve), as your time would be your own, with cer tain exceptions, save between about 9 a.m. and 6 p.m.
|
The defendants having had judgment entered for them in this action, the question of costs has been separately argued.
The successful parties have had to resist a claim based upon allegations of fraud and fraudulent conspiracy, and are therefore entitled to their costs, unless it is just that they should be deprived of them for misconduct.
On the facts, as I find them, it would be reasonable to take away the costs of a defendant who has been fighting an unfounded charge of frand, in order to benefit the individual who, for his own purposes, has caused that charge to be brought with a full knowledge of its falsity.
My decision on the question of fraud means not only that defendants have succeeded as against Ku on the real issue before me, but it implies also a finding in their favour on an overwhelming majority of subordinate questiong which were bitterly contested.
Defendants to have full coste of action.
FETTES COLLEGE WAR MEMORIAL.
wittee for subscriptions to the fund in An appeal is being made by the Com-
connection with this scheme, which was inaugurated at a meeting of Old Fette sins and others held at Tettes on Elst July, 1917, and inducntially supported at a meeting held in London on 21st January last, presided over by Major. General Sir Robert D. Whigham, K.C.B., D.S.0, the objects of the scheme ure to erect a monument at Fettes to commo morate those members of the school who have fallen in the Great War and to found Bursaries for the benefit of their snes and other relatives, although the actual details, which are to be submitted to a general meeting of subscribers to be held in Edinburgh this summer, must depend necessarily upon the amount qub. scribed. The Honorary Secretaries and Treasurers are, Ian MacIntyre and Alfred A. Lawrie,, Hill Street, Edin- burgh, who will be glad to give anj further information.
THE CONSCRIPTION QUESTION. Persistent Cross-examiner: "Will you sit, tight!".
Essential? Man: No, thanks; I prefer to sit sober.”
X.Y.Z.
HONGKONG MAGISTRACY.
THEFT OF: SUGAR.
A Chinese was charged with stealing a quantity of sugar from the China Bugar Hofinery
LOTTERY TICKETS.
A Chinese was charged with being in unlawful possession of 4,849 lottery tickets.
OUR LONDON LETTER
THE GREATEST BUDGET IN BRITISH HISTORY.
[FROM OUR OWN CORRESPONDENT]
LONDON, April ud. Mr. Bonar Law's second War Budget
An Indian watchman said he saw, defendant leaving the Refinery with the tos met with a favourable reception. sugar in his possession, and arrested him, although, of course, there will be discns Mr. E. D. C. Wolfe sentenced defend-sian apon several proposals before Par liament finally approves The Chancel ant to seven days' hard lakoni.
lor had a very difficult task to make pro- vision between how and the end of the ensuing financial year for an estimated expenditure of 2,972 millions. His method of solving the problem is to in crense, the revenue by approximately 68 millions, thereby raising its total to 458 millions, and leaving 2,130 millions to be raised by loans. An additional sum of 23 millions is expected from income-tax and super-tax, 23 millions from Customs, nearly 18 millions from Excise, and the remainder from stamps and the postal service, I hear that there is likely to be strong dissent to the policy of raising the stamp duty on bills of exchange and pro missory notes. This is not a now proposal by any means, and the well-known argu ments against, it still hold good. A FEELING OF BELIEF.
Defendant was arrested while leaving the Canton wharf. He was searched and the tickets were foand concealed round bis waist,
Mr. J. R. Wood incd defendant 500, with the alternative of three months hard
• OF CLOTHING BY A RETURNED BANISHED.
A Chinese pleaded guilty to stealing three articles of clothing from No. 6 Robinson Roud.
Mr. J. R. Wood sentenced defendant to six weeks hard labour.
The same man was next charged with foturning from banishment. He had everal previous convictions against him
and had been banished for life.
Mr. Wood remanded the case till Thursday with the intention of sending
it up to the June Criminal Sessions.
UNLAWFUL POSSESSION OF
AMMUNITION
Most of us had made up our minds be forehand to expect increased taxation, and there is a feeling of relief that the load is not heavier than it is. The man with a small income remains untouched, but the more or less happy possessor of wealth is taxed up to nearly half of what he rewives. Thus the recipient of $20,000 a year will pay over £9,000 in taxation. The brewers and distillers are apt to bemoan their hard fate, but that is a habit they indulged in for many years before the war They have been doing uncommonly well of late, and can
A Chinese was charged with being in afford to pay. At the same time the unlawful possession of ammunition, prices are fired as between the Trade? and the public, which is a measure of common justice, seeing the way the latter
Inspector Gordon stated that defend ant. who was a passenger on the 8.5. Amokusa Maru, was searched under the Piracy Prevention Ordinance and the ammunition was found in his kit-bag.
have been victimised for over a year past.
PENNY POSTAGE ABOLISHED PERHAPS !
The proposed abolition of penny post- ago, the minimum rate to be lid, for Defendant said he was taking the letters of 1os. weight, post cards at a ammunition to his town to be used in self-penny, and the doubling of the duty of defence. He did not know that the por a penny on choques seem likely to osudo session of ammunition was contrary to more trouble than anything else in the the regulations.
Budget As regards letters, business men Mr. E. D. C. Wolfe said that, as there irritated when they have to pay case was not a very serious one, he would only fine defendant $12. He also ordered the confiscation of the ammunition.
THEFT OF A BICYCLE, Two Chinese were charged with stealing a bicycle belonging to Mr. Choy of Messrs. Jardine, Matheson & Co.
Inspector Gordon stated that two men went to a bicycle shop in Kowloon and offered a bicycle for sale. As the master of the shop was away at the time the foki asked them to call later. Being suspicious, the fobi telephoned to the Water Police, who ordered him to enter
The position as I viewed it was, shortly, into negotiations when the men came this
again, The detectivos concealed them (a) Tha policy of the Imperial Govern selves in the shop, and, when the defend. ment (even in face of local presants arrived on the scene, the fohi offered sure) seated, to be to keep all
to buy the bicycle for $15. The men bands here. (6)-The local Commercial community paid, the detectives arrested the men. agrece, and, while the money was being seemed to say definitely that then making enquiries the police were able Imperial Government was wise, and that no commercial men could to trace the owner. or should go. A
One of the defendants said he had (e)-The local Commercial community borrowed the bicycle to have a “joy sceined to want to justify (where ride." It was not their intention to sell no call for justifying it existed) it. keeping their men, and by a step which must clear out a lot of non- commercial mon.
(d)-The Commercial
community
should have insisted on this aspect of the case being properly and fully put before the Secretary of State
As regards the much-maligned commer- cial community of the Colony, we think you will find that their efforts in men and money, when considered in propor ion, compare favourably with those of From my views as to this position. any profession in the Colony-even your OWR,
I think, ---- that I shall not recede
J. H. RAMSAY,
H. R. NORTHEY,
P. S. QABSIDY,
J. A. RIDGWAY, R. T. BARTON.
Hongkong, 16th June, 1918
MR. JENKIN'S REPLY.
DEAL
Monday, 17th June, 1918.
I have been to Canton this week-end and have therefore only just read your letter of the 15th...
But I fully, sincerely, and as openly as you like, oxpress the deepest regret if the questions which I addressed (as I now know) to you have had the effect of
surcharges for insufficient postage, ... ra always happens when the rate is altered It happened last year after the weight of a letter that might be posted for pony was reduced, because people forget the alteration in the scale. Again, two pence on cheques is most unpopular, the argument being that if this is persisted in it will induce the public to use the eurrenay for payment of small amounts now paid by cheque as a matter of course, and that would not be desirable. Alto- gether it will not be surprising if thess features of the Budget are dropped. A WONDERFUL MEMORY.
Mr. Bonar Law's Budget speech occu pied two hours. It shows what manner of man the Chancellor is when I say that bis memoranda were two small half- shecta of note paper to which he only found it necessary to refer occasionally by way of a passing glance. Yet he dealt with the greatest budget in British
and explaining the most complex Gnan- history discussing thousands of millions
sial problems present and future with perfect clearness and precision. He never Topeat himself from paused, nor did he first to last. The House listened with
Mr. Wolfe remanded the case till intense interest and in silence; no ques.
to-day.
SNATCHING CASES,
A Chinese was charged with enatching a gold ear-pick from a woman in Queen's Road,
It was stated that defendant was seen committing the act and making his escape. He was followed and, after a
long chase, was arrested.
Defendant said he was out of work and was starving.
tions were asked because none were needed, for in the Ubancellor's statement there was að obscurity. It was a remarkable per- sonal triumph. It reminds me of Lord bacaulay's saying that if the Twelve Books of Paradise Lost" were by any means utterly to disappear to could undertake to reproduce Milton's great epic literally word for word. No doubt Mir. Bonar Law could easily memorise Whitaker's Almanack and deliver it. without effort in a speech.
SATISFACTORY,
Mr. Wood sentenced defendant to Not the least interesting part of the
cacting the worst form of slur upon you twelve months hard labour, four hours Budget statement was that which related
I have not cloaked my views in any way stocks, and twelve strokes with the birch.
C
Mangong
by writing from cover." If I had A small boy was charged with snatch Intended to dishonour you, do you not ing an umbrella from another small think I should have chosen the all too bog in Queen's Road. common method of hiding my identity.
It was stated that defendant snatched As to throwing up my practice, I have many times (and long before the present the umbrella and made his escape. Later, period) offered my services to the Govern he sold the umbrella to an umbrella ment to fill any place vacated by reasons of War I feel that I could better fill some administrative
mender.
to Germany's financial position. Unlike the Prime Minister, who is always optimistic, Mr. Bonar Law rarely in dulges in sanguine forecasts, and there fore when he says that our position is really better than it appears from
the figures there noel be no hesitation in taking his word for it: The Germans, on the other hand, are in desperate straits financially; indeed, this is one of the chief reasons why they are compelled to try to force & decision in the West. It is also the reason why they now talk again abous demanding heavy indemni pundits are kept quiet for the time being. They know very well that without in demnities their country will be bankrupt
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When you inform me of the light in
post however small. The same afternoon he was recognised which you read that string of questions addressed to the "men," I ask you to Tribunal as mach as you are.
I am, nevertheless, in the hands of the by the boy from whom he stole the tos. With this hope the hnancial WHICH ARE REPLETE WITH ALL THE LATEST AND MOST UP-TO-DATE
I believe that sccusations of cowardice personally think you should publish umbrella and was arrested against individuals were never intended your letter. As to this letter, I hope you
I still think I have not made them.
(Continued at foot of next Column.)
Mr. J. R. Wood, after the boy had been will make soy me of it you wish. Theyically examined, ordered him to might go int getterYours sincerely,
F. C. JENKIN. receive three strokes with the birch
APPLIANCES FOR THE PEOMPT PRODUCTION OF
BIGE-CLASS WORK, after the war. But that is a prospect 10, DES VEUX ROAD,
that we can contemplate with cheerful complacency-HE
HONGKONG