POSTHUMOUS CHILDREN
Do They "Survive":
The Father?-
A will problem arising out of the birth of a posthumous child of a father who died intestate was solved by a judgment delivered in the House of Lords recently.
INDUSTRIAL
SCHOOL
(Continued from 'Page 7)`
Joy, Mr. Halifax very readily pró- mised to give the scheme his sup- porti
HONG KONG DAILY PRESS, WEDNESDAY, MARCH 27, 1935.
TO END THIS SUBTERFUGE
Declaration By
Roosevelt
President Roosevelt asked Con- ress, according to a Washington report, for an undisguised subsidy for the American merchant marine. in place of the present mail con-
Thus encouraged, I went to Sir Robert Ho Tung and unfolded to him the scheme, Evincing great interest heat once promised to give $100,000. So readily was that promise made, that I wished I had The question which had to be
asked for at least twice that tracts. answered was whether the father,
amount! This, together with a In a special message he put for- Thomas William Henry Elliot, who
similar sum promised by the late ward the following three argu- died intestate in May, 1932, "leftMrFung Fing Shan, and "withments: any issue him surviving." Mr.
the suggestion of the residential Justice Clauson (in the Chancery
Gov- qualification, induced the Division) held that the child did
ernment to give the scheme. Its "survive" the father, and that de-
general approval. cision "was afirmed by the Court of Appeal "The appeal to the House of Lords was heard" before
Lord Tomlin. Lord Russell of Killowen, and Lord Macallan.
Mr. Robert Barewall flot, of Goldengrove. Carmarthen, who claimed to be beneficially in terested under wills of John Jolcey and Rose Elliot, was the appellant, and the respondents to the appeal were Lord Jolcey, the Hen, John Pakenham Jolcey, and Mr. E. C. M. Thompson (trustees of the will of John Joices), and Mr. J. G. Greenshields Leadbetter Judicial factor on the estate of Thomas William Henry Elliot, father of the posthumous child.
The question of administration involved was whether a share of -s-legacy-of- £30,000-and-of-the residuary' real and personal estate of John Jolcey now belonged to Mr. Leadbetter, the representative: of the estate of the posthumous child's father, or accrued to Mr. Robert Barnewall Elliot (the ap- pellant) and his brother. In the way the question had been. answered by Mr. Justice Clauson and the Court of Appeal the share went to the estate of the posthumous child's father.
London, March 25.
Seats Domicile The Appeal was allowed and the order of Mr. Justice Clauson was varled by declaring that the finds
.
When I look back on this little tea-party, I am more than ever convinced that there is a plan in everything, big or small. "
The primary object of the School is to afford poor children, who otherwise will be denied it, the chance of obtaining not only an elementary education but also the knowledge of a useful trade. The School sets itself to cure as well
(1) The peace-time "shipping. subsidies of other nations might be used to the detriment of the United States;
(2) In the event of a big war in which the United States was not involved her commerce might: be crippled by lack of ships;
(3) In the event of à war in- volving the United States she would need merchant ships as naval auxiliaries as well as to maintain ber" commerce. President Roosevelt pointed out that the present disguised subsidy as to prevent the ills of youth to shipping, in the form of ocean To the poor children, yet untam-mall contracts, totalled £5,000,000 ished by the wicked ways of the a year, and declared that the normal world. It gives intellectual
and mail rates require only £600,000 technical education, to make them leaving over £5,000,000 as pure useful members of society. To subsidy. He asked that the three those who have drifted Into va- following steps be taken: grancy or even crime, it gives not only an education but the hope of regeneration,
Happy Circumstances
(1) Termination of present ocean mail contracts as soon as possible;
(2) Termination of loans for building ships:
(3) Reorganisation of the ship- ping administration, with ade quate funds to supervise the new system.
The history of the School bas been marked by a series of happy and providential circumstances, and one of these must be the offer of co-operation from the
"This lending of money for ship- These Salesian Fathers.
worthy "disciples of Don Bosco were Arst failure," he continued. "Few ships building has in practice been a brought to the notice of the then have been built. and there have Secretary for Chinese Affairs, Mr. D. W. Tratman, by Mr. J. M. Alves been many dimculties over the and that social-worker Mr. The payment of loans". He accused Ka Po, to, both of whom the thanks of the School are due.
A visit paid by Mr. Tratman and some of the promoters to an institution conducted
the by
In question. belonged in equal Salesian Fathers in Macao in May,
shares to the two brothers of the father of the posthumous child (Robert Barnewal Elllot and
James Kerr Eliot). As, however, James Kerr Elliot had not appeal- ed, the order of Mr. Justice Clau- son was binding as against him and he could take no interest in
1
"1925 convinced them that in these good men they had found ideal partners in the work they had "in view.
Then the Government granted to us this spdendid site, with a promised annual 'monetary,`` grant for a certain number of boys to
be sent by them
the funds. The costs were direct- ed to be paid out of the funds.
Thus, this School is a shining Lord Tomiin, in his. Judgment, example of co-operative partner- said the attention of the Chan-ship between three parties, each cery Court and the Court of Ap- peal was not directed to the fact
that Mrs. Elliot was domiciled in Scotland and that her will fell to be construed by Scottish law. The critical words were, "in the event of such child of mine not leaving
effective
of whom would be less without the collaboration of the's
"some American shipping com panies" of being engaged in prac- tices and abuses which must be
ended."
In its present disguised form, he, said, the shipping subsidy was un- satisfactory. "I propose to end
this subterfuge.”
Legislation to carry out this pro- gramme has already been submit- ted to Congress.
GERMAN LABOUR FRONT CONGRESS
The national
the
[Special to the "Hong Kong Daily Press" (Copyright).1
Leipzig, Mar. 25. German Labour Front" began
congress of
here on Monday evening with rallies and social gatherings. The congress which lasts til Saturday will be officially opened on Tues- day when speeches will be made
other two. It is a trinity in unity. the parties being the Government who have given land and money, the promoters who have given freely of their wealth and service, and the Salesian Fathers who, ne the followers of the Divine Car penter, are incomparable as teach by Dr. Schacht and Ley.- con-
ers of good craftsmanship.
Transocean Kua Min.
any issue, him or her surviving."
"I cannot think," said, his lord-
ship, "that, upon the true struction of these words, a post- humous child of a child of the testatrix is issue left by the parent surviving. The expression is not, in its ordinary and natural mean- ing, appropriate to include" a posthumous child."
Lord Tomlin, added 'that it was not permissible to adopt a mean- ing to give effect to what might be thought would have been the wish of the testatrix H. her atten-
tion had been called to the "pos sibility of that happening which in fact happened. "The child could not take any beneft uirect ly under the gift,
Lord Russell of Ellowen- and Lord Macmillan delivered assent-
ing dgrients..
GIRL'S SUICIDE
Overdose Of Sleeping Draught
A police report states that Leung Wai-laan, a pretty 20-year-
.
Mr. Li Yan Tsun
с
The duty that has been laid on me this afternoon is to thank all who have helped in various ways
for this latest of a long series
CROSSWORD PUZZLE
IA
B
Note:-Figure in parentheser indleate number of letters in the words required.
Across
Heres a word we might have thore frequently (7).
This speaker is popular on the wireless (4).
10-What's in a name to signify!
(4).
11-It's sure to have ab irritating
effect (3).
4
14-Much of this helps one to get
. up (5) 18-The fish from which amber is
obtained (5):
17-One way of preserving one's
brass (7).
18-What a sailor, out from port,
usually leaves behind him. (4).
19-Or otherwise! (4).
21-It sounds like the very devil,
and it il 07.
23-A popular term for a real
good fellow (5). ́*) 24-Take the end, reverse it hrst,
And then make a tanth of the -"total '(8).
26-He might get riled if you
ralled him lazy (6). 23-The duration of a visit (1).
-Discarded material, which may be used to make a sailing vessel (4).
30-This brings on a fainting șt
(7).
Downl
1-What kind of jam alesys
thickens in A bottle-neck? (5).
One has to be strict and scrupulous to curtail pain- (11).
4-Supplied the first aprun that
was ever worn (3). -The proper time for a herald
(3),
--In letters to the Hebrews, que of these provided the second (3).
7-Doing good burn to the needy, maybe the "scout is seen" (anagram). (11). B-This mischievous sprite leaves
uo stona to turn (5). 12-This man, to begin with, in
evidently wealthy (7).
13-To roll along, or bowl along;
to say it's aither won't be #rang (7).
16-A famous house which appears
to be chilly (5). 16-Name of a goose, or an Eng-
lish river (5)... 20-To confuse with shame (5). 29 Jaunty (5).
kJ
25-“A rare old "plaat is the
green" (Dickens) (3). 26-Here are rupees by the thou-
aand: (3).
97--This marka the end, so rest in
pence (3)...
The following" is the solution of yesterday's puzzle:—
Across:-1, Quantum; 5, Allegro
Out; 10, Abettor; 12, Tetanus; 14. Obadiah; 15, Kestrel 17, Cresset; 18, Nemesis 23, Ripplet; 97, Ash-bina; 28, Unlucky; 99, Against; 30, Lin; 31, Society: 39, Tumbrel...
TOKYO TO NANKING
Japanese Goodwill Flight
"Nanking, March 20. C5 Puss Moth monoplane to-day The Asahi No. 110 Kawasaki
completed a 3,000 kilometre trip linking the capitals of Japan and China in abr. 25min. actual flying when it arrived at the Yueh Kung | aerodrome, outside the west gate of of Nanking, at 5.30 c'clock this
t make possible the establish- practical benefactions to the Col-afternoon, 10hr Ilmin. after it
ment of this School. It is a duty any. that is pleasurable, and one that
"Child Welfare
had left the Haneda Airport, Tokyo.
Down-1, Quack; 2. Avens; $, Tutor; 4. Moral: 5, Attic; 6, Lithe 7 Genus; 8. Onset; 11, Obelisk; 13 Ear ring; 18, Tie 18, Sip; 15, Nouns; 20, Malic; 91; Sacre; 22, Shyly; 2, Biant: 24, Psalm; 23, Liner; 26. Total..
TURKEY ABANDONING ANCIENT TRADITIONS
[Special to the "Hong Kong Daily Press" (Copyright):]||
Ankara, Mar. 25. One by one the last vestiges of ancient traditions are disap pearing in the course of the rapid growth of modern Turkey. Now the Mohammedan day of rest (Friday), it is oficially announ-
future and replaced by Sunday in ced, will be abolished in the near.
order that the Turkish commer- cial life may be brought into con- formity with the western world.- Traniccean Kuo Min.
was afraid I would have a long search abead of me, but I found I am anxious to discharge. Mr. La¦ I now come to the most u At the controls of the Japanese the Purple Mountain. After that, Yau Tsun, in his speech, has al-strious of our benefactors, His Ex-good-will plane was Mr. M. Shin it was easy, he remarked,
The take-off from Tokyo was de ready expressed thanks to the cellency and Lady Peel have taken no, pilot, in the employ of the Government and to successive keen and deep interest in many Asahi Newspapers, sponsors of the layed for an hour and 40 minutes
K. Secretaries for Chinese Affairs for good causes: but it is my mechanic. They brought with tham machine having at 7.47 am. Seoul
flight, Mr.
Tsukakoshi, because of a low-lying fog, the their encouragement, guidance conviction that none, I believe, 1,400 letters, parcels and messages reported that it had landed there, and practical help. The name of can be nearer to their hearts than from Japanese Government ofacials a distance of about 376 kilometres Mr. F. R. Hallifax, as one of the the cause of child welfare. The to Nanking leaders."
at 1.27 p.m. pioneer workers, is now fittingly Juvenile Offenders Urdmance and Included among these were let-
Built in Japan commemorated in this splendid the Juvenile Courts and the child ters addressed to Gen. Chiang Kai- After a hasty lunch, while me- hall,
welfare centres must be counted ahek, Mar. Wang Ching-wei, pre-chanics checked the motor as other among the many beneficent acts aident of the Executive Yuan and attendants re-fuelled the tanks, the
ago.
warm thanks,
Another of the chief promoters is Mr. Li Yau-tau who, for actual scheme
Ladies and gentlemen, I uke to think that when you come a this way, you come not merely to
sighted flying low over Tsingtao,
The plane is equipped with a 600 h.p.water-cooled B. M. W. motor. 'It was entirely built in
tured under licence from the Japan, the engine being manufac
Bavarian Machine Works.
The plane weighs 2,680 kilo- grammes. Its top speed in put at 333 kilometres an hour and it can remain in the air for seven hours without refuelling.
Coming to Shanghai|
It is a melancholy thought that The Judgments in the Courts the late Mr. Fung Ping Shan, one of His Excellency's administra Foreign Minister, and to Mr.liers left Seoul at 2.13 o'clock and, below were mainly, based on the of the chief promoters of the tion. It is therefore gery niting Huang Fu, chairman of the at 3.45 p.m., China time, it was special benevolence which the law scheme, is not with us to-day to that this institution, which exists Peiping Political Council, who is had always shown towards post- see the realisation of his cream, so completely for the good of the now resting in Mokaashan, from humous children, but Lord Mac. His wood work is, however, car-young, should be opened by Sir Lieut-Gen, B. Banzai.
"We're Hungry” millan thought that principle had ried on by his two sons, Mr. Jung 4William Peel whose Governorship been misapplied in this case. Ping Wa and Mr. Fung Ping Fan is to the great regret of all sec-him a letter from Gen. Chiang Mr. Shiano also carried with who, in spite of the absence of tons of the community, rapidly Tso pin, Chinese Minister to due provision in their father's drawing to ita close. This is, how- Japan, addressed to his mother. will, carried out his wish by pay ever, not an pecasion to say fare- This morning's Tokyo newspapers ing readily the generous sum of well to His Excellency and Lady were also carried on the plane. $100,000 promised thirteen years Peel, and so I will content myself Mr. Suma, Japanese Consul
To them and to the other with an expression of deep grati- General, headed a large delegation executors of the estate. I tender tude to them for their unfalung of Japanese, including scores of in the name of the School very help and for their gracious pre children, and Mr. Kao Tsung-wa, This is the second trip of the
sance to-day.
director of the Asiatic Affairs machine to China, it having visited. Bureau of the Foreign Office, led Peiping and Tientsin on a similar large group of Chinese officials and good will fight in Sept last year.
who gathered to witness
To marrow, the Foreign Office known Chinese restaurant, took through in every stage of its deve participate in an interesting Timic-
will entertain the visitors. Leaving her life on Sunday by taking a lopment must be given pride of tion, but to show your interest in said. "We didn't have time for a the two airmen are due at the We're hungry," Mr. Shinnoat, 10 a.m. on Friday for. Shanghai, sleeping draught in excessive place.
this worthy undertaking. The decent meal in Seoul, and it didn't Lunghwa serodrome an hour Ister. quantity,
Now, what am I to say about completion of this magnificent take long before, we left terribly They will be the guests of Gen. Called shortly after 1.30 p.m. to Sir Robert Ho Tung? As is stated building does not mean the com-hungry," he said.
Wu Te-chen, Mayor of Bhanghai, the girl's home at Gloucester Road, in the brief history in your hands, pletion of our work; it is only the Torsed About by Wind Wanchal, Dr. P. 8. 14 found the Sir Robert made his promised beginning. In this garden of pro- "From Seoul to Tsingtao wa victim in an unconscious" condi- gift on certain conditions; but mise the skilled gardeners, the were tossed about by a violent tion, with the girl's mother weep-when he learned last year that Salesian Fathers, will begin to sow westerly wind that hit us directly Ing. He had the girl removed to these conditions could not be ful- the seed of Industry and honest on the side and I had to work the-Government Civil Hospital, filled, he very generously waived labour but their efforts will not hard not to miss my course; From where she later died
them and paid over the $100,000 bring forth fair flowers and whole- Taingten onwards, however, we bad Three letters were left behind Without this.pmblic-spirited and some fruits without the fructify From Heichow on, we handed sirmen who are to leave Lunghwa
a tail wind all the Kay in by the girl, two of these being timely help, we would probably ing water or encouragement and straight for Nanking, Sying over at 6 s. on Bunday on their for her mother and a sister, and not be celebrating our opening co-operation which it is in the the Kanyuh Lagoon, Nearing turn trip to Osaks where they the third for a rich man to whom ceremony to-day. The future sens power of the public to give. This, here, we encountered alodd banki due at one o'clock the same afte the is reported to have been be-erations of poor children will have I hope and believe will be forth that cut our visibility. On top of noon trothed
cause to be grateful to Bir Robert, coming. (Applause),
that it was getting dark, and I Rengo.
old waitress employed at a well-work-for seeing the
the
at a reception in the evening,
On Saturday the Shanghai burean of the *** Asahi - Shimbun" will give a luncheon at the Bokasan Gardens to which les Chinese, American, British French newspapermen in Shangh will be invited to meet the
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06
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