Page
THORNYCROFT
ANDECO. LTD.
SHIPBUILDERS AND ENGINEERS
London, Southampton and Basingstoke."
THE HONGKONG DAILY PRESS, THURSDAY, JULY 13, 1922.
PASSENGER AND CARGO VESSELS OF ALL TYPES UP TO 6,000 TONS. OCEAN-GOING TUGS, MOTOR BOATS (SEA OR RIVER)
UP TO 30 KNOTS.
TURBINES AND RECIPROCATING MACHINERY AND PROPELLERS
MARINE AND STATIONARY OIL ENGINES
A few
8 TO 90 B.H.P.
„MOTOR VEHICLES 2 TO 6 TONS
WATER-TUBE BOILERS:
FOR QUOTATION, APPLY
S. HOWARD.
HONGKONG HOTEL,"
ROOM 359.
BURBERRY
Raincoats
Slightly Spotted but otherwise Perfect
TO CLEAR AT $57.50 EACH.
MACKINTOSH
& CO., LTD.
MEN'S WEAR SPECIALISTS.
Altzerdia Euilding! 'Phone 29.
Dea Vaux Road.
FINDLATER, MACKIE, TODD & CO.,
LIMITED
$40.00 Trx Case (Dutt, Paid) •
*SPECIAL! "SCOTCH WHISKY
“OLD TOM” GIN ...
26.00
"TREBLE DIAMOND" FORT
44.00
"INVALID" PORT
36.00
'FINE DRY WHITE" PORT
44.00
"CROWN"
"PORT
32.00
Always ask for "FINDLATER'S.'
For further particulars apply to our Agents,
Messrs. CARTERS,
la. Chater Road,
Tel. 8549.
ASAHI BEER
SPECIALLY ́BREWED FOR EXPORT
DAI NIPPON BREWERY CO.
LIMITED.
TOKYO, JAPAN.
SOLE AGENTS"
MITSUI BUSSAN KAISHA. LTD.
HONGKONG;
CHINA COAST OFFICERS'
SALARIES."
ACTION: ON THE AEBITRATION JAWABU,
JUDGMENT -FOR- DEFENDANTS, A judgment of considerable importance, in the test use brought by the China Count Officers' Guild against the San Peh 8.S. C was delivered by Mr. A. D. Blackburn, British Assessor, and Magis trate Li in the Mixed Court at Shanghai
"
SUN YAT SEN & GENERAL CHEN CHTUNG MING.
A BRIEF REVIEW OF THEIR RELATIONS.
[BY OUR CORRESPONDENT__}
TELEPHONE OF THE FUTURE, NEW CHIEF ENGINEER'S ANTI CIPATIONS.
WITE AND WIRELESS-COMBINED.
*
We now come to the point which is DR. the crux of the Whale action, namely: Ta the plaintiff Guild not bound by the action of its own members in waiving their right to receive wages in accord- ance with the above contract? We have already referred to the document. “Ta which the members of the plaintiff Guild
Major T. F. Purves, the new Engineer. in-Chief to the Post Offies, entered on his in the defendant company's employ
In 1912 and 1912 (the 1st and 2nd years duties at St. Martin's-le-Grand on Jane. siguified their willingness to serve the of the Republic) Chen Chiung Ming was t. In the course of a conversation with. gonipanyat the present rate of pay,"
Military Governor of Kwangtung. the indication of what he hopes to see accom-'·
a representative of The Timea he gave an namely a rate considerably lower than office being then known by the title of plished giring the next ten years in-the the award rate. It has been suggested. Tutuh. He was mainly responsible for development and improvement of tele- but not very convincingly, that this docu. ment was signed under the influence what is generally known as the Second Phones.
THE LEGAL ASPECT.
th
stitution.
CANTON, July th
The main
on July 7th. for the Guild, nad Messrs. L. K. Kent- this effect and we must accept the docu-President Yann Shih Kai. He was his opinion, approach four millions. All Mr. K. E. Newman conducted the case of threats, but there is no evidence to Revolution which was directed against. If the country continued to prosper, the number of telephones in use should, in well, Mr. M. B. Brown and N. Y. Changmeut at its face value as an abandon pressed and driven away from Cauton hy represented the defendant comping ment of any right the signatories might General Lung Chai Kwong whe succeeded overhead wires and nerini tables, in our have had to be paid at the award rates. him as Tutub. Chen fled overseas preach large towns would be cleared away, and The Court found as follows in the case We are told, however, that this abandoning Dr. Sun's doctrines and canvassing the circuits accommodated underground. of the China Curst_Officers' Guild p
ment does not bind the Guild, so we subscriptions for the Kro Ming Tang. the San leh Stems. Navigation Co.:-)
have to examine the circumstances mere
Exchange necomimodation and line plant This is an action brought by the plain-closely. ?
Nothing of historical interest was would overtake requirements, and in all heard of Dr. Sun or Chen neting together parts of the country the service would be “ tiffs to compel the defondants to comply
till shortly after Chang Hsun's attempt available at short notice to any sub- with the terms of an arbitration awark
As plaintiff's counsel has quotedLi Yuan Hang was forced by Tuan Chi of telephones and telegraphs, in which to restore the Ching Dynasty, President scriber. The "underground trunk system The facts are briefly as follows: In Halsbury to us, we will refer to Halsbury, Jui te dissolve the Old Parliament at Great Britain, was already in advance December. 1, the masters and officers which we finil: "When a trade union of the steamers operating on the China is a legal association at common law itsins Pek Kwong to lead the First of any other, would be extended to link
Peking. De Sun, persuaded Admiral Coast, being dissatisfied
with their agreements may be enforced as in the Cruiser Squadron south as the basis of a up all important centres of population salaries, wet on strike.
After ease of any ordinary club" (Vol. 27, the arbitration of two gentlemen P.12.) Now as the Guild is not incorpor this time Carton was under the rite of against storm and blizzard.. negotiation the dispute was referred to
mögenent to uphold the constitution. Atand provide communication ated, it is an unincorporated members' Hongkong," and on May 27th, 1020 an award was made allowing higher scales of whom contributes to the fuds out of wan being Tuchun and Lu Yung Ting four to five hundred speech, channels, club, which is a society of persons ench the wingai militarists, Chan Ping telephone cables would each contain from of wages than those in force previously which the expenses, of conducting the Kwangsi-ites had been called in to ionic valve repeaters, eliminating the Inspector-General of the Two Kwangs. equipped at suitable intervals with ther and making the new sendes retrospective society are paid it is not as from December 13th, 19:0. The par-cognized as having any legal existence depose Laing Chai Kwong who supported affect of distance and providing a ling ties to the arbitration were the China Coast Officers' Guild, and the Marina part from the members of which it is the Peking Government and their pro distance servier as rapid and as rondíly:
cooposal. Vol. 4, p.106.) The rights leased policy was also to restore the coavailable as the present-local service. Engineers' Guild of China on the one and liabilities of menibers of a club on xide and curtain steamship companies on
contracts made on their behalf, are the other side. Although the name of prime furie joint only, and all the mum the defendant company appears in the hers shoull be joined as plaintiffs or award as a party to the arbitration it is defenulants, as the case may be, in any wtimisted by the plaintiffs that the de-action on such a
of the Military Government which telephone service with "automatic ex contract." (Vol: 4, fendant many did not in fact sign a
was formed for the express purpose of changes would be two-thirds completed. bission to arbitration, pleating that 120): An incorporated members restoring Li Yuan Bung. A fact bearing and the automatic would have become the
club not being
partnership or legal entity cannot sue or be sueti in the club much importance on recent events was standard system in mest of nur provizein! Sun's declaration of policy which stated, towns, The co-ordination of wire and 4. (Vol. 4, p.426), The plaintif Guild, in short, is not a legal entity and inter alia, that he recognised Li Yunwireless telegraphy and telephony would
An English Court it could not have Hung as the legal President.
he complete, each supplementing the other brought this action in its present form nominally in favour of the movement, wireless links in telephone circuits would The Kwangsi, militarists although in its proper sphere: The insertion of while if all its members, had been joined Dear Sir.-Wnta reference to the as plaintiff, the absurity of the proceed viewed with "disapproval and alarm the have become everyday praction, one result
ambitious programme which would nat being that any British subscriber, who" interview held this morning betweening would have been more obvious thanurally prove a heavy drain on Kwang could afford the price would be able to your Captain Leach and the under it. signed, we hereby beg to confirm the As, however, the Chinese tax, governing tung's resources. They were never at Assurance given you verbally that wereciation is nuch more intichnite, than any time in open hostility to the Military talk from his house or his office to ships
Government, but they seldom acquiesed
at sea or to any telephone subscriber in will abide by the result of the arbitra- the English law we have given the plain in any request detrimental to their in the United States of Canada, tion award regarding the scale of wages tiff the benefit of the doubt, and allowed to be paid to the captains and officers the petition to stand. In consequence we terests. Upon being relased the use of have had to look at the circumstances Temens in the city, Dr. Sun made the in our employ-We are, etc.."
From a slight different angle, though THE SAN Psi S.3. Co., LTD. the result is the saine.
(S.) E. C. SHENG,
-Manager.
such submission would run them into A lot of money, but signed instead an undertaking in the following formge-
Shanghai March 15th, 1990). The SECRETARY, China Coast Officers
Guiki, Present,
wages.
· REDUCTION OF 'SALARIES.
1
TALKING TO AMERICA.
An extraordinary session of "Parlia ment was convened in Canton, a number of members having followed sun down sipated, the equipment of the London Before the end of the ton years, he anti-
Dr. San was appointed Generalissimo
He hoped it was not too optimistic to expect that by that time also the British Cement Works at Honam Island his public as a whole would have learned to headquarters. The prime movers of the appreciate fully the immense business and Kuo Ming Tang, such as the late Dr.
The original contriset, partly orni, jartly written was made by Capt. Leach Min, etc., also came to Canton and alleder, and have reached a state of com.
Wa Ting Fang, Tang Shao Yi, Wu Han social service which the telephone ca representing the plaintiff Guild, with the
Chen Chiang Ming Parative contentment with its cfficirocy Upon publication of the award the manager of the defendant company. As important portfolios. defendant colpany paid to those wem the sul persons towards whom the dead attempted to raise a following in his and its cost.
native district of Waichow, but met with con- bers of the plaintiff Guild who were it fendant company tindertook any its employ the arrears allowed under the tractual obligations were those members le success as the Kwangs command-
ers were Brals established there.
and it soon won popular sympaths. The award and continued to pay the award of plaintiff Guild in the company's en
Chu Hồng Lạn, the Civil Governor at campaign was crowned with sueders, ret scale of wages until about March 1921. ploy. Capt. Leach must in this trause this time, and under His command 20 aiting in the ignoble retreat of the when, it informed the members ines-action be regarded simply as the agent battalions of bodyguards known
After then had established himself at * 1 Angonte The MASENDA DIG CUnschef of those members. On behalf of his attalong. Dit
to continue serving at a lower rate ofment of wages at the award rates. "Sinco Kwangsi war lords were gradually draw Canton, Dr. Sun and his adherents re- When this was brought to the then the principals themselves subseing the various forces in the province turned and tormally abolished the de- notice of the Guild's executive certain quently waived the rights under this under their direct control. They hard de fanet Military Government. An extre correspondence passed in which the contract, it is difficult to see how the excigus on Chu's 20 battalions and wished ordinary session of the Old Parliament Guild threatened to take legal proceed-cutive of the Guild: who are only the make this lady at least subservient that had originally come down from ings to enforce the Award unless the agents of the members, can be permitted to the Tuchun. To prevent his troops Peking was convened, and Dr. Sau wag award rates were paid, and the defend to enforce the earlier contract in face of falling into the hands of Chan Ping elected President.
Kwan, Chu handed theni over"to- Chen' It will not be Rss to compare briefly Aut company took up the position that the waiver of their own principals,
Chiung Ming as the nucleus of an ex- the policies of Dr. Sun and General the change in shipping conditions ab NG AGREEMENT AS TO DURATION. hedition to expel Tuun Chi Jui and Chang Chen. sålved them from further obedience tu
Sun's main wishes were the This would spent to be conclusive of Heun, Dr. Sun was mainly responsible extablishment of a Southern Government... the award, which was silent as to the the issues in the case, but we wish to for this transfer and, though ineffective which he claimed was the legal and period during which the award was to add that if the petition did not fail on at first, this corps ultimately proved de facto government. From Canton His be in force. Subsequently, after the con- this ground it would fail on another, dominating factor in the course of Kwang ambition was to unite the country either, mencement of the present proceedings, namely the absence of any provision in tung's history. all the members of plaintiff Guild in de the agreement between the parties with
Mok Wing Sun (or Ma Yang Baiun) necessity dictated. Chen did not favour by propaganda or force of arms as fendants puplo signed a document de regard to the duration of its validity succeeded Chan. Ping Kwan as Tuchun an elaborate, schemes to establish a claring their willingness to continue sery. It appears to us that it would be im and he faithfully carried out Lu Yung national government. He considered that ing the company at their present reduced proper to order specific performance of Ting's instructions to ignore rates of pay and dissociating, them an agreement for the payment of a de- Generalissimo's orders, Affairs reached time was not ripe for launching another, the the people were tired of warfare and the selves from the proceedings being taken finite scale of wages when no duration such a state that Dr. Sun went to Whameaunpaign which, to attain oven partial by the Guild against the company." of time is specified, even if it could be pos and ordered one of the cruisers to success, would have to be colossal. Het Now although it servis to have been shown that conditions affecting the con- bombard Mu Yung Hsien in his strong wished to retrench and give the province assumed by both parties up to the contract had not imaterially altered since hold at the Goddess of Meres. Mountain time to recuperate. His immediate pro- mencement of these proceedings that the thi contract was entered into,as to The bombardment was fruitless, as Muhibition of the Gambling Monopoly in defendant company was a party to the which point this plaintiffs have not satis never troubled to reply to the guns view of the abnormal excesses of expendi arbitration and the plaintiffs petition fed us. Counsel for the Guild contends Seeing that his efforts were useless. De ture over revenue, must be decined a very, was drawn on this supposition, it speedily that such an agreement can only be Sun left for Shanghai and the lilitary wise step. became clear that this position was un-f altered with the consent, of both the Government with Seven Administrative tenable, and plaintiffs' counsel abandon-parties. If then one party persistently Directors succeeded, the Generalissino.“ Dr. Sun, being eager to extend the edit, relying in his arguments not on the refuses bis consent the agreement be To avid friction with the Tuchus who scope of his authority started the cam- award itself, but on the undertaking comes perpetual. This was certainly not wished to absorb his soldiers, Chen Chiurg Paign against Kwangsi Chen, unwilling given by the defendant company to abide the intention of the parties, nor would Ming started on an expedition against to accede at first, ultimately rendered by the award. This point is important, be equitable to enforce such an inter- the pro-Tuan, Tuchun of Fukien, Li How material aid and personally directed ope for it disposes of embarrassing questions pretation.
Kee. Fong Shing To, a Yunnan comzations from Maaning and Wuchow Be as to the enforcibility of the Hongkong In conclusion "we would say that none mander under Mu, was despatched, fore the campaign had ended Chen-re arbitration in Chinese Courts, and leaves of the English text books to which we ostensibly to assist Chen, but in reality turned to Canton and it is common is to determine only the value of the have been referred deal with the en-to cut his communications with Canton, knowledge that in addition to being in undertaking given by the defendant cons-forcement of wages awards, nut enn we Chen succeeded in taking Cheungchow, disagreement with San be withheld rein pany to pay a certain rate of wages to find any record of ang similar action port near the Kwangtung-Fukien border, forcendents and munitions, the members of the plaintiff Guild."
เ
THE CONTRACT ANALYSED.
The petition is dismissed..
Ho
.
having been brought before, though a but he was more or less isolated.
The later developments are so recent. similar set of eircumstances must have accepted the inevitable and slowly con as to be within the memory of most arisen countless times within recent solidated his position by recruiting, people interested in Canton politics. On The first point we have to consider in years in connection with labour disputes building a temporary arsenal and retains Dr. Sun's return from Kwangsi-at-Shi this: What, if any, was the contract be in England and elsewhere. Agreements ing the local revenues and augmenting Hing he ordered Chen's removal from dertaking, of March 15th ing to the such as that in the present case seem to his coffers as opportunities occurred; the office pl. Civil Governor. An Chen's
we see that it refers to an interview between Captain be considered, not a legal contracts but During Chen's stay of about two years at soldiers were scattered in various parts
as economic settlements, enforceable only Cheungehow, Dr. Sun gave his support of the province he was unable to resist., Leach (representing plaintiff Guildy and
to the movement both morally and prac and remained at Waichowk Mr. Sheng, manager of defendant com-
by economic meaus,
tically. It is a well-known fact that sub- PADY. At this interview, according to
seriptions from oversea Chinese were Sun gave him added strength anil be The 'taking over of the Navy by Dr.. Capt. Paus, Capt. Leach said that unless
turned over to him
ver to to help pay hig the defendant company, agreed to submit
soldiers, w
thereupon despatched his main body of to the arbitration the officers employed
Meanwhile, the Military Government troops on the Kiangsi expedition. While by the company would go on strike.. Although there is considerable confusion
at Canton gradually became a powerless his troops were away, Chen's command- figurehead. The majority of Directors T concentrated on Canton and effected, had withdrawn or were merely represent the coup on the night of June 18th, the ed by substitutes. Less and less heed preant unrest being the lect outcome. was paid to it and its influence and of this coup, That? power were reduced to a negligible quan- Chinese politics have many peculiarities and phases that are strange to the
we find that the contract between the
more
PLATE GLASS WINDOW.
Looking through my Toric lenses is in the evidence. owing to events which like looking through a fine plate glass must have occurred in December, 1919. window, said an American lady, in the e.g., the affair of Capt. Doyle, being wixed up with others which occurred in course of her remarks while is a tram- March 1920, it is reasonable to suppose car the other day. She said just the tity, in that this is what actually did occur, and right thing. It cost a bit more to build Mu, Yang Hsien viewed with alarm the a subordinate, pursues an ambitions. In 1920 (the eth year of the Republic) average foreigner. One man, nominally parties was that, in consideration of the plate glass window and it cost a bit progress Chen had made in raising and course and shows himself the members of plaintiff Guild in the defend more to make a pair of Torio lenses than training the Kwangtang Army. He des practicable man. Another, ambitious for ant company's employ not. going on the ordinary flat kind. Tories are more patched an expedition under Lau Tat the welfare of his country, has dons strike, the defendant company agreed to
Hing (later augmented by troops under that may be attributed to & visionary pay them wages in accordance with the than worth the small difference in cost fam Fu, Li Kan Yuen, Sham Hung Ying such as Dr. Sun but he is a man who award of the Hongkong arbitratora. In to you în the added comfort you derive and Lau Ches Luk) nominally to fight Li will strive in the face of almost unsur- so far the clore as consideration is con- from their use. Toris lenses of any How Kee the Fukien Tuchun, but really mountable obstacles to bring the Chinese cerned the agreement seems to be a valid
to subjugate the Kwangtung Atmy. Chen round to his way of thinking How the contract. We will not refor further to prescription are manufactured by The had all along anticipated: this, and entrouble will be settled, the actual parti Capt. Doyle than just to say that his case Hongkong Optical Co., successors to listing the aid of the People's Army "cipants cannot foretell, buy all who
covered by a separate agreement Clark & Co, Manufacturing and Retract in all parts of the Province he fought have the interest of China, and parti signed by defendants." dated December
bis way back to Canton." They adopted cularly Kwingtung, at heart, will earn- 92nd, 1918, and appears to have no bearing Uphacians, 13, Queen's Hoad, Central. the slogan "Canton for the Cantonese eatly look forward to a settlement which ing on the present-action,
(101) (Continued at foot of next column:}^ will belasting.
-ÄDTE: