Page
ALLEGED WRONGFUL
DISMISSALS.
·THE HONGKONG DAILY PRESS, WEDNESDAY, HAY... 70, 1924
Water Works, His fordship would "understand that the Company were under agreement to have the work completed by a certain time. He was instructed to say that it was necessary to have the JUDGE'S "OPINION " AGAINST THE work completed before the commence-
THE CASE OF A PEAK TRAM TICKET COLLECTOR.
COMPANY,
ment of the mainy season, and the Com
SANITARY BOARD MEETING. THE VACCINATION CAMPAIGN:
WELLS AND MOSQUITOES IN
KOWLOON.
At the fortnightly meeting of the Sanitary Board held yesterday
CORRESPONDENCE,
RATIONALISM.
[w Tas kairon or THE “BONGKÓNO DAILY PRESS.")
What was described by Mr. Justino pany was very near the end of the time latter was read by the Secretary to the should not raise a silly-season controversy.
allowed by the contract. It was, of Dyer Bali is an unfortunate misunder course, part of the plaintiff's duty to see Atanding took place in the Summary that the people working on the job were Court yesterday, when Mr. H. C. Mac kept at work, and he would prove to his
Astrongly objected to his Loril
Lonship that this foreman, although he 'ship giving judgñent in the Peak Tran had been 'Warned on muore than one ocen way, case, heard Inst Thursday, without | sion, in spite of these warnings was found giving him (Mr. Macnamara) the opportu. I sleeping in a hit-atleast he was not. nity of reply His Lordship had already attending to his duties, and, what was delivered judgment against Mr. Mac namura's clients, the Peak Tramway Company Ltd., when the objection was raised.
"The case was one jo which a former ticket enflectorsed the flupany for 363, being one manth's salary in lieu of gotice to E
Mr. M. R. La represented the plaintiff att Mh. Macnumura was for the defen dant Congsup
His Lordabip adjuried the case, on Thursday to consider the law of the case, When the use was remmed yesterday bis "Lordship prneveded to gave his find ings iw the case.
Board from enclosing a letter from the Secretary of the Colonial Secretary,
State for, the Colonies. The letter re ferred to the vaccination campaign of last year and expressed appreciation of the valuable work done by the Department in this connection.
These were 26 Rems of the agenda for consideration but most of these were purely forinal, ats announced by the CHAINMAN
The CHAIRMAN (Mr. N. L. Smith) added that the members of the Board had done important, he had posted somebody out-anch in the campaign and he thought side the hut to give him warning of the ther ought to be thanked as well. approach of the Company's Inspector or the Government fuspecter, who himself had noticed that the work was not getting on with proper speed. It was necessary for him to go farther thair that, It was a serims ease which could probably cause damage to the Company, Mr. Mac: Hamara said that he, proposed to call evidence in support of his ease.
Mr. Cutting, an engineer in the employ of the Company, said that on the day in question he sent to the works and could no nd the foreman. This WAS A 2 o'clock. Outside natshed there was
Mr. Russ: He reported huth these men for being asleep and they were discharged' for being asleep. To witness): Do you consider it fair to report a man for being asleep when he was not asleep?
The Phiste Judge said it was agreed by who, when he was witness, run in Tharaday that it lay with the Com-inside the shed. Witness quickly, follow pany, tu prove their right to dismiss the bed, rubbing his eyes, as it he had been el and saw witness getting up from his plaintiff. Evidence was taken on behalf sleep. The time-keeper was also ther of the defendants and the Court heard Mr. Russ at this stage read from a let
ter which stated that the plaintiff had the plaintiff's solicitor. The question for been found asleep and that his services Eix Lonship in decide was whether the were no longer required. deferplant had discharged the burden. "öf proof that they were justified in dismiss ing the plaintiff without notice and with- out a month's pay. It was claimed by
The witness: That does not come in to defendants that there was wilful dis-it. I dimissed hain because he was chrifience of orders. His Loudship held neglecting his duties. that defendants had not discharged their Days of proving that they were justified in dismissing the plaintiff without notice, and judgment would be given for plain- fiff accordingly.
BIS LOCKSHIP'S RENHET.
|
Witness further said that the plaintiff had to make a report on the blasting carried out during the day. He was not doing this at the time. The oatshed was
the foreman's quarters.
Mr. Russ.submitted that he had got no ense to answer. The whole case was very nebulous. The man was found in his matshed.
There was o evidence of Mr. Macnamara protested against judg-orders that, he should not go there, no eet" having been given before he had there was no evidence that the man was been called upon to reply to Mr. Lo's sleep- arguments. He said he had assumed. until then, that bis Landship was in his fars. He had never waived bis right of reply and should have been given an opportunity.
ifis Lordship expressed regret that he had deprived Mr. Macnamara of any right. He was under the impression that Mr. Macnamara" did not wish to make a arply. The would give a Maenamara any opportunity he desired,
if swished.
CONE ACT OF NEGLIGENİR..
Some discussion arese on the question of two wells in the Kowloon area. The arst, was a well in the gardens in front of the Kowloon Hotel.
The MEDICAL OFFICER Dr. Haut ex- plained that this well was situated in an ald flower garden in front of the hotel and it was an extremely likely place for mosquitoes to breed. The gardener, did
destroy the larvae, as the oil also killed not like oil being put in the water to his plants. If the well was sprinkled the gardener would try and get the oil away as quickly as possible.
The SECRETARY FOR CHINESE ATVAIRS expreserd the opinion that it seemed ex- tremely hard that the man "should lose his ävelihood on that account.
· Sax,-It's nasty demnition sticky-wea- ther, but that seems no reason why one
propaganda as their main interest, so it Last Saturday's' dinera wore emphatice on
verting us all, not to say eurolling us. is only fair to give them a chance of end.
know there is a good deal of sloppy Now firstly, why Rationalist " I
nomenclature about: a Materialist is sup- posed to be a person who likes motor- ears and good dinners a Socialist is sup- posed to believe that all men should be equaland so forth. ~But“ „Nationalisin
has a quite definite philosophie denota- tien and has nothing to do with opposi tinn to superstition or to clericalism. It
is
true that the "God-intoxicated:" Spinoza got up against the orthodox of his day, but that is quite irrelevant. Dr. Pearse would object if I called myself a bacteriologist on the strength of using a mosquito net at night; similarly I object to the casual use of a term which has a great historical significance. The village schoolmaster, who expounds to a half- baked audiens at the Green Dragon"
loves to call himself & Rationalist, dut the futility of the parsen praying for rain in serious circles he is not usually nsso- ciated with Descartes or. Knot.
Secondly, in heaven's name what have Darwin and Huxley to do with the ques- that the idea of evolution as a tion It is generally accepted nowadays single. series from the jelly-fish to man is, in the words of Bergson, the funda mental fallacy that has teaded to vitiate all philosophy from the time of Aristotle. Surely, even in sleepy old Hongkong ve are not in the state of mind that was shocked by Herbert Spencer and Colcasă Dr. Oz0810 appealed for the man to being a dead horse I would anggeAL NOTIC in the prinoline dayid. If you want to given a chance, and asked if he had been thing more interesting the Pelagian told that he must keep down the heresy for example. mosquitoes.
The MEDICAL OFFICER OF HEUTE said that he had not seen the well recently but from what he could remember it was a place with a few steps leading down! into the ground and was not really a well, but-a water bole.
The CHATZMAN said that mosquitoes had been fourd about the Kowloon Hotel. They could not say definitely where they came from, but it was quite likely that some came from this well. If the Board
Thirdly, what (if anything) is meant by free-thinking? Why not atmospheric air, or warm heat or any other tautology? If the implication is that the emotions are somehow less important or less valid than the ratiocinations of a chess-player, that the consolations of a historic reli gion are a pure fiction, that we must
Robots, then I think we must, beg leave to do as we bike and still claim that we are free-thinkers.
though that they could rectify theach our children to grow up into little matter by taking legal action be would be prepared to see that this was carried
out.
Mr. Macnamara, in his reply, said that the only remedy against the plaintiff was the action taken by them, as it was impossible for them to bring a cross arlion. Thay work cositant to rely on his one act of negligence. It waY GYED worse than negligence, It was a case in which the plaintiff al posted some pe gested that a notice be served on outside the hut with the cleur intention of giving waning of the approach of any gardener requesting him to keep the one likely to disturb bin in the hut. The
time for work was from 7.2. Bonn, 3 Lo said he had understood all and 1 paa. to 5 p.m. There had been along that arguments were closesi. All some till that the plaintiff was ruling the unterial facts and points had been 'up dynamite servants. The proper place given to the Court, and he did not know for making up accounts was in the fore- that Mr. Macnamara wished to address man's office and not in dis quarters und the Court farther.
then if he was rolling out of bed and fis Lordship admitted that Mr. Mac rubbing his eyes it could not have been mamam had not been asked formally possible for him to write up accounts. whether he wished to reply. lie was Nobody goes to bed to write up ac quite willing that Mr. Machamara should counts," added Mr. Moccamara,they be give a chance to address the Court, sit at a table to do them." To his mind The judgment he had it showed that deliberate advantage was just given could be taken as an expres- being taken to slack off in the absence sion of his opinion so far as the ease had of Mi. Cutting. The foreman was paid alrowly gone He was quite open to be a salary of $100 a month which was five convinced by any argument that might be times more than the coolies were getting put to his
He was there for the express purpose of keeping the coolies up to their work. He held a distinctly superior position to the others. The main point was that while he was in the hut the others outside were ALMOST A SIMILAR CASE. '
not doing anything. They were not even found writing up dynamite accounts. HONGKONG ENGINEERING AND CON- They were simply slacking. That was a STRUCTION CO., LTD., SUED. loss to the firm and his Lordship would have to remember that the firm was under Alleging that he was wrongfully dis- penalty to get the work done by a certain missed. Ho Man Hang, a foreman former- day. ty in the employ of the Hongkong En- His lordship anounced that he would Kineering and Construction Com.. Ltd., adjourn the case sise die. If he found Rued that Company in the Summary for the defendnut he would call on the Court yesterday morning, before Mr. plaintiff to produce evidence. Justice Dyer Ball, for the sum of $200. other hand if he found for the plaintiff being one month's salary duc, and $100 he would deliver judgment when the
Court resumed. in lieu of one month's notice.
The case was accordingly adjourned in order to give Mr. Macnamara an opportu- nity to address the Court.
:
The plaistift was represented by Mr. 0. S. Russ and the defendant by Mr.. H. C. Macnamara.
12
OBITUARY.
M
mosquitoes down.
This was agreed to.
SHAR PRACTICE"
the
The other case dealt with a well on Kowloon Ibland lot No. 1134, Section C. Nathan Road. The CAIRAN explained that the well was allowed on an appli cation stating that the water was requir- ed for water élosets. No water closets had been erected and the water was used for the garden only. It was, in a war. hit of sharp practice, the man, knowing that the application would not be grant ed if he stated that it was required for watering plants..
They
The MEDICAL OFFICER OF HEALTH said that the department was in sympathy with applications for wells required to supply water to water closets. stipulated that such wells be covered in and that the water be not used for public purposes. They had to be careful that theke wells were sufficiently far away from house drains as there was a chance of the drain pipes becoming broken and the water being contaminated,
Dr. Ozonio said that last year there was a discussion in the Board on the subject of allowing Chinese to sink wells. The Chinese, he pointed out, were the chief sufferers from the shortage of On the water. He would like to know why these wells had beeu closed. The Board would see that there were notices in the at present curtailing the
POLICE TRAFFIC INSPECTOR GARROD.
One last pt and I am finished. The first sucks only reason for nut ging on a perennial ja (having no fears pleasant to think of other people's hap- bind the grave) was that it was mor piness. Shades of Jeremy Bentham and Bain and the psychological hedoniste! Has he never heard of the Contrat Saci!!
Naughty boy!"
But that was the impression given by the reports of the speeches-Aren't we suggest the Association might transfer wicked? How dare we say such thing its headquarters to Macro where there would really be something to "belabous.
As I said, it's nasty denoition weather, and my only hope is to stir up a little controversy Yours, etc.,
SCRUTATOR..
•
CINEMA NOTES.
QUEEN'S THEATRE.
Dallar dresses, anchovy breakfasts, house parties, midnight suppers, prison, bars and pistols for two make up the main polets
10
Daughters of the Rich" the Guanter production" which was shown at the: Queen's Thraus last night and will he view to-night and to-morrow night. Ed
Saltus, claimed to have been the late President
Harding favourite author. wrate the story. The melodrama is told in so convincing a manner that the most blasé theatre-geer will catch his breath and wouder what will happen next. Tea of Hollywood's most promising starkets heed by a process of elimination appear as the French jockies in the barn dance given by an eccentre Russion Duke as a fatwell to his bachelor friends. This supply of water.
The CHAIRMAN pointed out that if there is only one of the many spread through the picture which not be in
dons application had stated that the water throug was required for a garden it would not theme thereby. Miriam Cooper, Gastos have been granted. The applicant, stated Glass, Ethel Shannen, Rath Clifford and Stuart Holmes, pndertake the principal that it was to be used for water closets characters with credit. therefore they were entitled to have the well closed.
newspapers
modern
Mr. Kust said the plaintiff was engaged as a foreman in the month of December ixt. The conditions were that he should receive $80 a mouth for the first month
THE WORLD THEATRE. and then if his services were satiafne-
The MEDICAL OFFICER OF HEALTH said At the World Theatre the feature is We regret to announce the death of an tory, he was to receive $100 per month. His services were satisfactory and his old and esteemed member of the Bong- there was a danger of the well being used what is described as the most startling
und to supply drinking water in the area.
amazing revelation of salary increased. He continued to act as kong Police Force in the person of Mr.
Harry Garrod, who was for many years, The DIRECTOR OF PUBLIC Works sup-domestic life." Daytime Wires" is the foreman until the 6th March when he was Trafic Inspector in Hongkong. The late ported the Medical Officer of Health and title of the story in which Derelys Perdue dismissed. The burden of proving that they had every right to dismiss the plain. Mr. Carrod went Home to England on added that the well had been obtained and Grace Darmond figure as the star
He was not thon | under false pretences. tiff rested with the defendant and it was April 4th of last year.
The CHARAN proposed that the Board for Mr. Macnamara to prove his case with due to retire, but was sent Home owing the right to reply if Mr. Macnamara so to bad health. He was operated on for order the well to be closed. wished. (Laughter.)
what was thought to be caneer in the thront. The reports from Home were favourable and Mr. Garrod was consider ed to be improving in bealth.
Mr. Mausamaara said he accepted that position and went on address the Court. He thought the law was very clearly atated in Halsbury. Be proceeded to quote from Halsbury as follows:
The motion was carried, Dr. Ozorio und Mr. Wong Kwong Tin, voting against the motion.
artists.
THE CORONZE.
Phenomenal is the only word that can he found to describe the success in Hong- kong of The Hunchback of Notre Dame," the great, film version of Victor One of the items on the agenda an- Hugo's famous novel. Although the pic- Carrod, who is in the Colonial Secretary's Kennedy-Shipton as Secretary of the now crowds are still flocking to it
On Monday his sun, Mr. Stanley H. nounced the appointment of Mr. C. S. ture has been showing for nearly a week daily Office, received a cable announcing his Board and Assistant Head of the Sani- and it seems all local records will soon be "There is good ground for dismissal father's death, at Portsmouth, on Sun-tary Department vice Mr. J. A. Fraser, brukes. This phenomenal succes is easily of a servant if he is habitually neglect day.
transferred to District Office South. explained. The Hunchback of Kutra ful in respect "of the duties for which The late Mr. Garrod was only 46 years There were present at the meeting: Dunge" is a superlative picture from every he has been engaged, but not if there of age. He came to the Colony in 1889 Mr. N. L. Smith, Chairman, the Director stand-point-dors, acting, staging the and is only an isolated instance of neglect and served continuously with the Force of Public Works (the Han. Mr. B. Trening. Lo Chaney's unless attended by serious
tri- con- up to the time of his departure for Home. Creasy), the Secretary for Chinese hunchback Quasimodo is one of the sequence."
He was promoted to the rank of Inspector Affairs (the Hon Mr. A. E. Wood), the umphs of the movies, while the full-scale It was on the latter part of the para in 1914 and a year later he was appointed Medical Officer of Health (Dr. W. W replica of the famous cathedral in Paris graph on which he relied to win his case. Trafic Inspector. In was extremely Pearse), Dr. W. O. M. Kock, Dr. Ozorio, magnificent tribute to the courage, on The plaintiff was in charge of 130 people well-liked by all with whom he came in Mr. Wong Kwong Tio, Mr. J. S. Fraser Fascinating in every other respect. The terprise and resource of the producern. and the work upon which the defendant contact,
(Past Becretary to the Board and recently Hunchback of Notre Dame required Company was engaged was a Government The late Mr. Garrod kaves a wife and transferred to District Officer, Bouth) and only the enpliant music of the Coronet contract for the constriction of some two daughters at Home to mourn his the new Secretary of the Board (Mr. G. Theatre Orchestra to make it works in connection with the Kowloon loss. Mr. Stanley Gatrod is his only son. 5. Kennedy-Skipton).
Lentertainment.
e
SPORTS DEPARTMENT
LODZES FOR
TAYLOR'S
NOW IN STOCK.
LAWN BOWLS.
MEDICINE BALLS.
'INDIAN CLUBS.
GRIP DUMBBELLS.
JAQUES CROQUET SETS.
MELIPSE SOCKETS,,
PUNCHING BAGS.
DEVELOPERS.
SHUTTLE COCKS.
LANE, CRAWFORD, LTD.
PURE FRUIT ESSENCE
MAKES REFRESHING SUMMER DRINKS 35 cents will make 35 ozs. Syrup
LEMON
BANANA PINEAPPLE
RASPHERRIES. POMEGRANATE
MANDARINE
CHERRY
STRAWBERRY APKIUVIJ
ORANGEADE
THE CHINA DISPENSARY
"82, QUEEN'S ROAD CENTRAL, HONGKONG.
ENGLISH RECORDS
ALICE BLUE GOWN
1978 CASTLE OF DREAMS
1808/ABSENT
--
LET ME LIKE A SOLDIER FALL
C. HERWIN, CONTRALTO.
MACKLIN, TENOR
D
2439{CUCKOO
BUCKMAN, SOPRINO
LA BIRTHDAY
f
(THE MIDSH(PUITË
999
BATES, BARITONE,
THE POWDER MONKEY
Wm
ANDERSON'S,
Powell
Telephone C 3146,
SOLE AGENTS FOR
Keltic
FOOTWEAR.
We have Received a Now Block of this Celebratod make of Boots and Shoes in" Black and Brown. These are marked from $16.50 to 822.50 per pair.
When we tell a customer that Kellin Footwear in sound and geninna from laces to sale, we can do so with a clear conscience. Because it is
Wm. POWELL, Ltd., Gentlemen's Department,
HONGKONG HOTEL BUILDINGS..