'TAMI
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(Fakone)
OTSU (near Laka
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HONG KONG DAILY PRESS, TUESDAY, JANUARY 12, 1937.
SUCCESSION TO
THE CROWN
LEGAL · AMBIGUITY
The Case For A New Act
The succession of King George TOKYO-
VI brings into practical urgency Impestad HotÈC
an ambiguity of the law that has MEKTE HOTEL
troubled students of the Constitu- UMORI HOTEL TOXTOBAILWAY tion for more than 40 years. The HOTEL Crown is entailed by the Act of Settlement upon the heirs of the body of the Electress Bophis, be- ing Protestants,"
expression that creates what is called s limitation to heirs-general. That is to say, if the eldest male line ends in an only daughter, as was Queen Victoria, the inheritance. is hers to the exclusion of her patar- nal uncles.
UNZEN
Kyushu HOTEL Yta Bori SHINTU HOTEL UN HOTEL Unser Kanzo
HOTEL
IN, MANORUKUO :--
HOTEN Mardan) Yamato HOTEL
BYOJUN (Port
Arthur) m
YAMATO HOTEL
BOSHIGAURA.- YAMATO HOTEL
*Open in Summár Only,
For information, please apply to Secretary,
Yamato Horár
THE JAPAN HOTEL ASSOCIATION
Care of Tari BUREAU Dataxımany or BAILWAYA TOXYD,
The Proven
STOMACH REMEDY for Bad Cases
Amazing evidence of the remarkable speed with which indigestion and stomach pains can be stopped has been revealed by medical experiments and X-ray photographs of "actual cases. These prove the ingredients of 'Bisu- rated Magnesia to be the quickeste acting and most effective known to medical cleoca, Wiskin 3 minutes a toaspoonful of *urated* Magnesis in a little water prednost complete
where anmberiese other remedies had failed entirely,
A NOTED
ENGLISH DOOTOR
SAYS:
"I find that 'Bimrated' Magnesia takan sfter my meals is the only thing that keeps me free from pain and discomfort, and I take it regularly. I often
very good resulta
Its Action Explained-prescribe it for my patients, and have
dimply takes a teaspoonful of the powder in a 'lizika watre. The moment this soothing draught 'ras ches the tortured stomach It begins to avorten the sour, fermenting un- dlasted food. The contents of the stomach become as bland and southless milk to the secative, stomach itsing. The pain quickly lesesta and presently disappears. By allowing up the treatment after each TOBA), your barnamed storbach, wild Songs it tenderness and grow stronę, until. SVG CEO But whatever you like and soley avar mesi, without fear of wind and pals,
soon
H.G.M.A, M.R.C.S., L.R.C.P.
ANOTHER DOCTOR SAYS: **Biurated Magnesia gives excellent results and in the ideal remedy for stomach pains and acidity. It is particularly recommended for Dyspepsia, Gastritis, Stomach Pains, Flatulencs, and oven Stomach Ulcers.”
H.L, Faculty of Medicine, Paris.
'BISURATED' Magnesia
quickest stomach rellef known
Always as the oval 'BISMAQ' tad, mark on every package.
So much that la beautiful and romantic awaits you in Austria: Vienna--the world's music cente Salzburg--the festival city; the Styrian woodlands: the beautifal Daręba vabey; the fakes of Salzkam mergui and Carinthis; the Tyrol and Vamelberg--- lands of picturesque pesades and mow capped mountains; and the lovely landscapes of Lower Rod Upper Austria. Both for Summer Holidays (Golf, Tennis, Swimming, Climbing, etc.) and for Winter Sports, Austria has become more popralar thas ever. Come to Austria, at xay thine of the year--you may be mum of ́s klodly welcome.
Come to Beautiful Romantic Austria
Considerable læra viductions nem mailable. AecomEMO- dation can be obtained from 6}6 a dej. Travil with Anurian Trailing Chiqm-fw convenience. Felta for special summer er mixter programms of inclusive arrangements to the leading tourist agencies, w AUSTRIAN STATI TRAVEL BURRAU, 159 Reyni Strane, London, Wx. Evelint.
an
CHALLENGE TO BREWERS
Farmers And Home- Grown Barley
'AMPLE SUPPLIES”.
FOR MALTING
ENGLAND SMOKES
MORE "EMPIRE”
Pipe Users' Choice
10,000,000 LB. A YEAR
FROM RHODESIA
Eighty per cent, of the pipe and "chewing" tobacco consumed in
The National Farmers' Union England is of Empire origin, said has written to the Import Dulles Mr. C. A. Berrett, United Kingdom Advisory Committee challenging representative of the Rhodesian the statement of the Brewers So-Tobacco Association, in a lecture clety that there is a shortage of to the British Empire League In good malting barley in the coun- London recently,
"The Empire," he stated, "has try.
"Inquiries by the Union, through | given the working man a good and its country branches, are claimed cheap smoke and the more dis- to show that there are ample sup-criminating smoker a satisfactory plies of good malting barley avail-tobacco at a cheaper price than he able to meet the whole of the bre- would have to pay for a foreign
tobacco," wers' requirements.
The Unton has placed the full Referring to the "stimga" which facts before the Advisory Commit-he suggested was still attacked' to-| tee, and offered to send a deputa-Empire cigarettes, Mr. Berrett tion, if necessary, and to furnish stated that all-Empire brands, any further information that may marketed by several of the smaller be desired.
manufacturers, had been accepted
The ambiguity arises when the line ends in a family of sisters; for in that case the ordinary law in England (though not in Scotland) gives them equality of rights. If the Inheritance is one of the so-
Large quantities of malting bar-happly by the public, no refer- called "barontes by wilt of ley-growing counties have a cer-ence being made to the source of which the remainder is to heirs-tain amount, but there is a short origin. general-it goes into abeyance: If age of matting samples In
It is real property, an estate in fee areas. simple, it is divided.
THE POSITION IN 1892 On the death of the Duke of Clarence in 1892, when only the lives of the Prince of Wales and Duke of York (afterwards Edward VII and George V) stood between
the three daughters of the Prince
and the Throne, the Iste J. . X. Round examined the question, and came to the conclusion that there was no precedent in English jaw for interpreting the phrase in the Act of Settlement so as to prefer one of those Princesses to her sisters. Only legislation amend ing the Act of Settlement could cope with the difficulty, and the failure to pass it in time, accord- ing to Round, "might involve the vacancy of the Throne." No au- thoritative
Was
PURCHASES ABROAD
some
CIGAR LEAF
"All types of tobacco are pro- duced in the Empire," he said, A large proportion" of the malt "cigar leaf in North Borneo and ing barley still on hand, it is stat- Jamalea; bright, medium, and dark ed, is of very good quality, though flue-cured types in Africa, Canada, India Australia, and New Zea- it would not command the highest prices paid for exceptional sam-land: Are-cured and air-cured In ples. Some of the barley is slightly Canada. Nyasaland, and India; and Turkish fear in Cyprus, South- ern Rhodesia, and the western pro- vince of the Cape.
discoloured owing to weather con- ditions, but the Union asserts that this "does not detract in any way from its value for malting pur-
poses.
"In most of the tobacco-produc- ing countries in the Empire the The tariff of 10 per cent. on im- industry is in its infancy compar- ported malting barley was left un-ed with America, yet during the changed by the Import Duties Advisory Committee, on the bre- wers entering into a "gentlemen's agreement" to purchase the great est possible proportion of their re- quirements from home sources.
Last year these purchases totalled about 7,500,000 cwt. representing 70 per cent of the brewers total supply.
t
last 30 years successful strides have been made, until to-day we can proudly say that the Empire is capable of producing tobacco which will appeal to the most dis- criminating smoker.".
WITH
regard to Rhodesian tobacco, Mr. Berrett stated that since 1928 consumption in the United Kingdom had increased to 10,000,000. last year, and it was expected that this year the total would reach 11,500,000lb.
reply to Round ever published, although, on the birth of the Princess Margaret, It is understood that the then Law Officers of the
This season a number of brewers from 1,000,0001.. Crown, expressed
are said to have increased their purchases of foreign barley, on the ground that the available English supplies are unsuitable. It is held that brewers have had to pay hig- her prices than for home-grown
the opinion.to the Cabine; that legislation was nut. necessary. Any such opinion, however, must have been rendered in 1930, before the enactment of the Statute of West- minster, 1931, which, as will short- ly be seen, considerably complimalting barley. cates the difficulty and strengthens Round's case.
indivisible Crown. But the strict law, as laid down in the body of the Act, allows each Dominion to legislate separately for the suc- cession as affecting itself, thus im- plying that there are six Crowna united upon one head so long as there is general consent not to divide them. So far are these Crowns from being legally indi- visible that they have actually been divided; for 24 hours Edward' VII W&5 King of Ireland while George VI was al- ready King of Great Britain.
Hound's learned argument is constitutional position" as being easily accessible in his "Studies in that changes in the succession Feerage and Family History," and should require the unanimous as- it is more important here to set sent of all the self-governing Do- forth certain considerations on the minions-which suggests a single other side. It must be granted st once that, if the Crown were a peerage, or even if it were real property, Round's case would be unanswerable, But it is neither, und there are arguments based on its own nature and history, which may be held to justify a different treatment ΟΙ the Crown. This raises the preliminary question zo whom those arguments should be addressed. Let it be supposed that a demise of the Crown has occurred, and that the next in succession are two or more sisters or their representatives. The question be- Nevertheless, in the state of the tween them could not be address- Constitution visible to the fra- ed to Parliament, or to any of the mers of the Act of Settlement a ordinary Courts of law, for Parlia- partition of the Crown was cer- ment is incomplete without the tainly inconceivable, and it is na- Sovereign, and the Judges have no tural to seek an interpretation of authority until they have taken their words consistent with its the Oath of Allegiance. The sole maintenance undivided. Bir Wil-" body with power to act would bellam Blackstone, writing in 1785, that assembly of peers, Privy says boldly :----- Councillors, members of Parlia- ment, the Lord Mayor and Alder. men of London, and other prin- clpat gentlemen of quality whe draw up the proclamation of a new King.
THRONE AND PEERAGE Their sole duty is to proclaim the person designated by the Act of Settlement; but in case of doubt who that person was they could
other scarcely do
than resolve themselves into a judicial tribunal to interpret the Act... They would nó doubt hear legal argument, but there is no reason why they should shows preference for principles derived from any particular branch of the law. They need not share the predilection of the Lords' Com- mittee for Privileges for the rule of abeyance, or that of the Courts administering real property law
Ķ
Among the females, the Crown descends by right of primogeniture to the eldest daughter only and her issue; and not, as in common Inheritances. to all the daughterE at once; the evident necessity of a sole succession to the Throne having occasioned the Royal law of descents to depart from the common law in this respect,
Unhappily, Blackstone weakens his proposition by `quoting a 'rin- gle precedent in its support, and that the untenable one of Mary I. who, like Mary, IL preceded her younger sister in the succession by statute, and not by hereditary right,
HISTORIC PRECEDENTS
There are, however, certain other historic precedents that lend colour to, though they can for partition. They would more hardly be held to prove, the doc properly be moved by wider con- | trine of primogeniture among fe- siderations, and the first of these male fielts of the Crown. The is that the Crown by its essence first is the Scottish Succession differs from a peerage in being in- Case of 1292 Edward I called: in' capable of going into abeyance, (for to judge between the claimants to that would suspend the Constitu- the Scottish throne on the death. ton) and from real property in of Margaret, the Maid of Norway, being indivisible. This argument first laid down that the Crown, Wes is no longer so conclusive as it indivisible, and then awarded it to might have appeared a few years the representative of the eldest fe- ago. Under the Statute of West- male line. Before forming this minster," 1931, preamble does, decision he took counsel with the indeed, define the Mestablished magnates of both kingdoms; and
"I appeal to all of you," he con- cluded, "to support the tobacco producers within the Empire. The majority of them are ex-Service men who have put all their capital Into the industry."
If only every
VOURITY CELLSBIOD
WWW.30-14
mother knew
Tears cease and baby's pain is soon soothed away with a teaspoonful of Woodward's Gripe: Water. Woodward's checks fermentation and ensures complete digestion. It removes the cause of discomfort in a natural way. Woodwardi contains no opiates, and is safe to give babies of any age.
WOODWARD'S
GRIPE WATER
KEEPS BABY WELL
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he uses Anzora
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ANZORA
It might therefore be argued that MASTERS THE HAIR
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