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THE HONGKONG TELEGRAPH, FRIDAY, JUNE 28, 1889.
Mr. C. D. Harman, agent of the 'O. & O, S. S. Co., informs us that the steamer Arabic, with mails, &c., from San Francisco to the 11th ins, has arrived at Yokohaina, and will leave for this port to-morrow.
The Chion Merchants' steamer Furkan, which arrived here yesterday from Shanghai, had on board the remains of hên Pak-nam, formerly a director of the China Merchants' S. N. Co. Chên wan a Canton man and his body will be interred there.
Tur Japan Mail, referring to the fact_that 'on June 4th odds of 13 to 8 were laid en Donovan for the Derby, remarks that no Derby horse ever started such a hot favorite, as the crack son of
Galopia and Mowerind. Our contemporary's memory has led him astray. He forgets that MacGregor's starting price was 9 to 4, en in Kingcraft's year (1870).
THR Praya seems to be a happy hunting ground for gatotters, Last night about nine o'clock a Chinese broker was walking along there, medi. tating on the uncertainty of humanity, when thice men attacked him, knocked him down, and stole 36 from his purse. Then they ran away, two being caught immediately afterwards. These were taken before Mr. Pollock to-day, and remanded.
THi Hu Pao says that it will be remembered
that the Russians desired to be allowed to settle on the Corean island Luh Tao, and form a coal depot and man-of-war station there, but the King of Corea refused permission.. A letter from Fosan says that a Russian man-of-war has pro ceeded thither, and that the Russian Admiral has given orders that no person is to land on the island without a special authority from him.
Tuz reason the men-of-war in harbour are
dressed" to-day, and fired sajutes, is that it is Coronation Day. We said it was the other day, but that was Accession Day. You see we gel to mixed among all these royal anniversaries. we make mistakes sometimes, However, to make up, we will inform our readers in anticipa, tion that the 3rd proximo, at 3.27 p.m., is memorable as the day when the old party cut her first-or was it the second 7-tooth, seventy years ago,
LAM HIN TING, ex-lukong, ex-interpreter, ex- emigrant, and now compradore to the Taikoo Sugar Refinery, is an unpleasant sort of neigh. bour. He has a way of getting himself violently disliked by the coolies, and, when they try to "take it out" of him, he pulls a revolver out of his blouse in his free and easy Frisco, way and blazes away over their heads. It is not a very long time since a police launch, with a Gatling gun on board, had to be anchored for over a week down at Quarry Bay through his goings on, and he has also been in Court for firing his little gun recklessly. He was up again on the same charge yesterday. Mr. Dowles defended, and Mr. Dennys repre-
sented two coolies, who were alleged to have tried to whale the said compradore. 'After a lengthy hearing Mr. Pollack fined Lam Hio Ting a dollar, bound one of the coolies over to keep the peace, and fined the other $1.50.
|
at home, which renders it necessary that the acknowledgment should be in wilting. Therefore I hold that there was a verti and unconditional acknowledgment and promise to pay, sufficient to take the case out of the section, and I bold that no agreement has been proved, and that the charges are proper. Therefore I give judgment for the plaintiffs.
Mr. Deacon:With costs? His lordship Yes.
+
Mr. Fitoian thereupon gave notice of appeal He said that in his defence he pleaded the Statute of Limitations because if the accounts had been rendered at the proper time he would have had redress against the parties, whereas now they were distributed all over the world.
His lordship, to Mr. Deacon:-I suppose you do not ask for immediate execution?"
Mr. Deacon: No, but it may be advisable to name ten days, or a fortnight.
His lordship therefore stayed execution for a fortnight.
Mr. Pitman:With regards to the costs, I thought where a solicitor appeared in person they were not allowed.
His lordship: I don't see that.
A' COUNTER CLAIM.
Mr. Deacon-I have an application to make to your Lordship. I mentioned the other day
Mr. Webber-In this case I am instructed by the plaintiff, and as the writ was issued by him I propose to amend it.
His lordship :-Do you withdraw it? leave of the Court to-day, and will serve a copy Mr. Webber: No, I propose to amend it by of the amended writ as soon as possible.
Mr. Deacon said he did not object if costs were allowed.
Mr. Webber said the costs would be costs of the cause.
His lordship said he would settle that question later, and gave leave to amend, fixing the hearing for Friday next.
CORRESPONDENCE.
(We do not necessarily cadors the opinions expressed by Correspondenes la their coluga.]
THE BLUE-NOSE" BARQUE "CONSTANCE."
TO THE EDITOR of the "ilompzone Taligrafic”
SIR-With reference to your report the other day of what took place at the Harbour Master's in connection with some little trouble on board the above named vestel, I would like to ask the worthy Magistrate, who evidently thinks a fine of five dollars is the equivalent of a broken nose, whether if he were in the place of the man so brutally treated bis estimate of damages would be made on the same basis? I am neither a Harbour Master nor a Stipendiary Magistrate, but I value my sacred hide at a far higher male and I feel assured that his Worship's view would also have been a vastly different one bad he been the victim instead of being only the judge.
No doubt, Sir, sailors on board ship give at times a vast amount of trouble at sea, but when they arrive in post they bave invariably to pay the penalty, Now, when the officers are the culprits and on the evidence the Blue-nose baigus Constance" was made a floating holl by her iuffianly officers, they get off with a paltry fine. Had Reilly, the second mate who broke man's nose with a belaying pin, been tried at the Magistracy, he would probably have been treated to three mouths' hard labour for his cowardly assault, and he would have richly to paint out to the Harbour Master that in his position of Marine, Magistrate be owes equal justice to common sailors and to certificated officers.'
Yours faithfully,
general ongoings. I have been a shareholder from the commencement, and I am dissatisfied. As you, in the first place, spoke highly of the prospects of this Company, I don't think I am out of order in asking you to afford me space for a few observations.
To C. F. R. Allen, Esq., H.B.M.'s Consul:
at Hankow. The Petition of William Grant Gordon, the above-named plaintiff, shows na follows :—
1.--That the above-named defendants are Agents for a Company or Association called the China Shippers' Mutual Steam Navigation. Company. ---
21-That on the 14th inst, a Britsh steamvessel called the Moyuns, belonging to the said Com pany, of which the said defendants are consigoces and agents at Hankow, was placed on the berth at Hankow to load teas for London at four pounds per ton of 40 feet.
3-That on the 14th instant, the said defen dants issued a circular addressed to the merchants trading at Hankow in about the following
terms :-
The China Shipper's Mutual Steam Naviga tion Co.'s steamer Moyune will load teas for Loodon at £4 per ton,
For Freight, apply to
I was induced in the first place to apply for shares on the strength of representations which I have since found out were thoroughly interested and deliberately false. Instead of supporting an Institution that was, as per advertisement and your own comments, certain to prove a public boon, my money and that of many others was subscribed to bolster up what has turned out a discreditable imposition on the public. I need not dilate on the shameful dealings on the Hongkong Share Market in which this Company's shares were used like the cash in a game of janian, these having already been forcibly handled in your journal, but at the proper time and place the Directors ought to be asked to explain what was and is still a conundrum to students of local share business; still, there are'
(Signed) Ronert ANDERSON & Co. some matters which, if you will allow me, I would
Agenta. like to bring before the public,
4.That the above-named plaintiffs on the The original Directors, who appointed them-14th instant immediately on seeing the aforesaid selves I believe, were Messrs J. J. Francis, circular did send to the said defendants a letter 2. H. J. Holmes, A. Woolley, and D: as follows: McCulloch. On the strength of a paragraph
'Hanków, 14th May, 1889. in the Hongkong Telegraph 1am justified Messrs. RRODERT ANDIRSON & CO., in stating that the Chairman (Mr. Francis) resigned in disgust when he found that the Com- pany was being made the medium of a dishonest conspiracy. And from that time what has occurred? The Company's launches have been running at a considerable loss, which no doubt was expected by many people, and I see that you do not even consider the shares worthy of any quotation; you simply label them as nominal," But what I want to draw attention to Is even more important than all that.
In a leading article in the Telegraph some six months ago you detail the formation, management, plans, and prospects of the Steam Launch Company. In this article. you say that contracts had been signed with Messrs. A. G. Gordon & Co. for the construction of a number of steam launches of which you give full particulars, such as dimensions, speed, etc., etc. This information could only have been supplied by the Directors or by Messrs. Gordon & Co., so that there is no reason to question its genuineness. But where are these | new launches? And unless rumour lies, no contract between the Steam Launch Co. and Messrs. Gordon & Co. has yet been signed. If this is truc, and I have good reasons, för bellev ing that it is, then the relations between the ought to be very strictly investigated. A more Directors of the Company with their Secretary unbusiness-like proceeding than allowing vessels signed would be difficult to imagine, and a to be built without any contract being first more uncharitable person than myself would feel disposed to impute motives.
Another call of $10 per share was due on April and. Has that call been fully responded to? If not, how much has been paid, and who are the defaulters 7 As the notorious "ring"or corner of these shares was generally believed to be the work of persons connected with the direction of affairs, it is important to know if the third call has been paid up, and if not, the persons who have not paid. Also, why the Directors have. not enforced on persons who have not paid UF their calls the provisions of Rule 8 of the Com- pany's Articles of Association, which provides for the forfeiture of all shares on which calls and interest are not paid up.
Agents steamer Moyuns, DEAR SIRS-We shall be glad to engage two hundred tons in above steamer, in accordance with your circuler of to-day's date.
(Signed) GORDON BROS. The receipt of which was acknowledged in the plaintiffs' chit-book, "Thanks, will reply,
R. A. & Ca."
5.That it is within the knowledge of the plaintiffs, and that, they are prepared to prove that other parties, viz, Mr. Wm. White, Mr. Fred. Hague and others applied for space subsequent to the application of the plaintiffs as mentioned in par. 4
6-That on the 15th inst. the plaintiffs were informed by Messrs. Popoff Frères, Overbeck & Co, Wm. White, Fred. Hague and others that they had received replies to their applications, and that in every case tonnage had been appor: tioned to them.
7. That up to 4 o'clock p m. on the 16th inst. the plaintiffs received no reply to their applica- tion of 14th whereupon plaintiffs addressed the defendants as follows:—
Messrs. ROBERT ANDERSON & Co.,
Hankow, 16th May, 1889.
Hankow, Agents Steamer Moyune, DEAR SIRS, We shall be glad to have a reply to aur letter of 14th inst
In acknowledgment the defendants wrote. In
(Signed) GORDON BROTHERS.
& Co." The reply in question arriving simul plaintiffs' chit book "Reply already sent, R. A. taneously with the plaintiffs' chit book and being to the following effect :-/
Messrs. GORDON BROTHER, Present.
16th May, 1887. DEAR SIRS,-In reply to yours of the 14th allot you later should there be any to place at instant, we regret that at the moment we cannot your disposal.
(Signed) R. ANDERSON & CO.,
Agents C.S.M.S.N. Co. the defendants as follows:—
8.-On receipt of above the plaintiffs wrote to
}
Hankow, 16th May, 1889.. Messi, ROBERT ANDERSON & Co.,
GORDON BROTHERS v. ROBERT ANDERSON & Co. Schedule of claim of damages in above action. Actual commission and charges on
teas not shipped
...Tiz. 1,000 Damage to good name.anugumas » 2,000 Tis. 3,000
GORDON BROTHERS.
Hankow, 4th June, 1889. The answer of Patrick McGregor Grant the above-named defendant to the petition of the above-named plaintiff.
In answer to the said petition. the said P. M. Grant says follows:-
The defendant admits that the allegations contained in the first four paragraphs of the -petition are substantially correct.
2. With reference to the 5th and 6th para- graphs of the plaintiff's petition the defendant admits that space was given to certain persons whose applications were received after the plain- tiff's application mentioned in the 4th paragraph of the petition was sent in.
3.The defendant admits the truth of the allegations contained in the 7th, 8th, 9th and 10th paragraphs of the petition
4-The defendant denies all the allegations contained in the 11th paragraph of the Petition.
And further in answer to the Petition the defendant says bank st
5.That he, the defendant, never refused to allot to the plaintiff space in the said as Moyune, but on the contrary did on the zoth May last offer to the plaintiff such space to the extent of so tons, but the plaintiff declined to accept the pame or any part thereof.
5.That according to the custom of the port of Hankow it is optional with the owners and agents of steamers loading tea during what is. known as the tea season whether they will or will not allot space to any individual applicant and what amount of space (if any) they will allot to any individual applicant
7-That the plaintiff when applying for space in the said steamship Moyuns did not offer to the defendant to pay freight for the cargo he proposed to ship nor bas he since made any offer to pay freight. “
8.The defendant as to the whole action bas paid into Court Five Tacls of Hankow Syceċ and says that sum is sufficient to satisfy the plaintiff's claim.
Hankow, 3rd June, 1889.
PATRICK MCGREGOR GRANT, trading under the stylo or firm of
ROBERT ANDERSON & Co., Hankow,
JUDGMENT,
desirous to ship tea in the steamship Moyune, -(Delivered 17th June, 1889.) This is a case in which the plaintiff, being
in 1884. applied to the defendants for space for the first steamer leaving Hankow for London 200 tons in that steamer.
The defendant, as agent of the said steamer, gave space to other shippers, leaving the plain. would have a margin of space to spare and tiff's application on one side, to see whether he whether it would be to his advantage or not to let the plaintiff have it.
The plaintiff, in the opinion of this court, was quite justified in considering this action as a refusal of space to himself in preference to others. The plaintiff alleges that the action of the defendant in refusing him space in the Moyuna bas cased blm (the plaintiff) the loss of one thousand tacls, the commission which he would have received on the two hundred tons which he would have shipped.
A CORRESPONDENT writes:A Chinaman who recently arrived here from Swatow tells the following snake story: Two men who did not know each other were walking along a path through a forest in single file when the hindmost ohe saw a snake, that was hanging from the deserved it. If you will allow me, I would like which they will find some difficulty in getting the above steatner, replies to other applicants total value and that though he was told that his
branch of a tree, bite the other man on the ear. The man who was bitten did not see the snake, but feeling something, gave it a slight brush with his hand and passed on. Shortly after 'wards, however, he felt a slight pain in his car, and stopped to investigate, when he found that organ swollen to several times its usual size. The other man then came along, and without a word of warning cut off the swollen ear.. The victim flew into a tenible rage, but was quickly pacified on discovering that the stranger had saved his life. The operator, who was a fisher- min; carried an empty fish-basket on his shouldes, into which he put the ear, and on returning home he found to bis astonishment that it had swollen to such an extent that he was unable to
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A. S. WATSON' & Co., LIMITED. THE HONGKONG DISPENSARY,
Hongkong, Chion and Manila,
BIRTH.
The Hongkong Telegraph
HONGKONG, FRIDAY, JUNE 18, '1889.
TELEGRAMS.
TROUBLE IN THE BALKANS.
LONDON, June 26th. Disturbances have broken out in Novibazar and Tarkish troops have been pushed forward to restore order.
THE BILL OF COSTS CASE,
JUDGMENT.
Hongkong, 16th June, 1889.
THE LATE MR. D'EGVILLE.
OMA.
TO THE EDITOr of the “Howɑkona TelegraTH," SIR,-In your obituary notice of the late Mr. L. H. D'Egville you say that he stuck to his duties on board the Kiukiang up to the day before his death, no serious consequences baving been apprehended. This matter was generally discussed at the funeral on Tuesday night, which I was glad to see attended by a large number of poor D'Egville's old friends and acquaintances, and the opinion was universal that there was something wrong and that blame rested Lomewhere. I know for a fact that D'Egville before his death, and from the nature of his complaint an unusually, bad case of Bright's disease of the kidneys, according to reliable medical opinion the attendance to his duties on board ship must have caused him extreme pain and at the same time hastened his death, What people want to know is—Who was respon able for this man being kept at work on board the Klukiang while in such a dangerous staté
was
very sick for, at least a fortnight
of health?
rights of the oppressed and the distressed, and Your paper, Sir, has always stood up for the is recognised throughout the coast of China as the sailors' friend." I have therefore no hesita tion in asking you to publish this letter, and would be glad if you could express an opinion whether or not some sort of responsibility does not rest somewhere for the death of one of the best fellows that ever came out to the Far East.
Yours truly,
+
Mr. Justice Wise delivered judgment in the Summary Court this morning in the case of Wotton and Deacon . Pitman. He said:This is a claim by a firm of solicitors for payment of a certain bill of costs. The defendant, I understand, has three objections to the claim--he first relies on the tenth section of the Summary Jurisdiction Act, secondly on the arrangement between himself and one, of the plaintiffs on behalf of the firm, whereby, in consideration of
So far as public report goes no blame can the business he introduced to the firm, he was not to be charged for his own business, and, thirdly is reported to have recognised that his chief attach to Captain Clarke, of the Klukiang; be be objects to some of the bills on the ground officer was dangerously sick and to have that they are not chargeable to bim. I will take At Kiuklang, on the zolb instant, the wife the first objection. His story is that somewhere called in the Company's medical attendant of F, DU JARDIN, of a daughter,
BERT, 1884 he agreed with Mr. Wotton that the to decide the best course to adopt. The Arm should charge him nothing for work done, in nothing the matter to prevent D'Egville from medical gentleman decided that there was consideration of his introducing business. Sup keeping to work, and he kept there until death posing such an agreement had existed it seems put an end to his sufferings. to me most extraordinary that, although be admite receiving numerous letters asking him to settle the account, be should never have meniloned the arrangement to anyone until the day before he comes into Court. Indeed it is so extraordinary that I have no hesitation in holding that the existence of such an agree ment has not been proved to my satisfaction With regard to the individual bills which he objects to, I will take them in order. He objects to that for $44 for drawing up the covenant in connection with the sale of the Zephyr, alleg. side, but Mr. Arnold proved that it was one of ing that it should have been paid by the other
the conditions of sale, and therefore ought to have been paid by him. With reference to the Ironworks, all he brought against them, as far bills of sale on the Hongkong and Canton
as I'could see, was that he had paid the plaintiffs a large amount of money, but that does not seem to me any argument at all against the payment of any further bills. He also objects, too, under the Statute of Limitations, to the charge for drawing up the articles of association and memorandum for the Brick and Tile Works. From the evidence before me. I am of opinion that he gave instructions for them to be drawn up, and with respect to the other objection, under the Statute of Limitations, the section lays down that "all suits not exceeding a thousand dollars shall be commenced within three years next after the cause of action has been proved unleas there has been some payment or promise to pay," The plaintiffs allege that the defendant did make several verbal promises to pay, but the defendant dentes any such promise. How- ever, on the evidence before me, I am Inclined to believe that there, was a verbal promise to pay made on several occasions within the three years
_THE_STEAM LAUNCH COMPANY previous to the commencement of the suit, and the. TO THE ROTOR of the "Romanong Typograps,” only question is whether a verbalacknowledgment SIR-The Steam Launch Company, which is sufficient to take the case out of the section, created so much fuss only a few months ago, I fnd that the point has been disposed of in the has fately become, so far as the community affirmative is this Court, and I am not disposed are concerned, a thing unknown. People to disturb it.. It seems to me that whoever who are interpsted in the concern as shareholders framed the section had in his mind the statute are talking about its (mis)" management and
FRANCE AND EGYPT.
+
The French Government has refused to accede to the proposed conversion of the Egyptian preference shares unless the terms of the British evacuation of the country can be arranged.
LOCAL AND GENERAL.
A SMART shock of earthquake was experienced at Yokohama at 2.30 p.in, on the 16th instant.
Two more women were fined $100 each to-day for keeping unregistered shrines of Paphos. LATEST advices from the North state that H.M.S. Satellite was at Kiuklang and the Aferin at Chinklang.
THE long-delayed Victoria College is to be opened next week, We shall give a detailed account of the building before the event.,
"ACCORDING to the late lamented. Mr. Bumble The law is a kast. After carefully reading the evidence and judgment in the case of Wotion and "Diacon v. Pitman we are disposed to believe that Humble was not very far wrong. As there is to be an appeal in this case we withhold any farther remarks for the present.
I think, and I am not alone in thinking, that the Directors of this Company have a desi to answer for, and have also incurred responsibilities rid of
Your's faithfully,
A HUMBUGGED SHAREHOLDER. Hongkong, 26th June, 1889.
It is quite true that we were misled by state ments, made to us under official auspices, that were not strictly accurate; but when we discovered the deception thai had been practised on us we did not hesitate to let the public know the truth. Therefore, although unwilling to shitk any proper responsibility incurred, we don't think that our correspondent's inferences so far as this journal is concerned are altogether justified. At the same time he has good ground for complaint against the Directorsofthe Steam Launch Co., if the half of what he alleges is
anything near the mark. If no contract for the construction of the Company's steam launches has yet been signed, it is high time that both the Directors and Secretary were exercising their varied talents in some other direction--playing with their own money, and not with that of the easily gulled Hongkong public. However, we must remind "A Humbugged Shareholder", who is only. one out of an immense multitude, that the most effective method of obtaining redress will be to attend the meeting of shareholders, to be held about July 15th, when he can openly impeach the Directors. As a strong advocate of this Company in its infancy, when we believed it had a prosperous aud useful future before it, we are not altogether certain that a till further duty does not devolve on us to Bist our correspondeat and others in getting - at the truth. We will think over it-Edj
Hongkong Telegraph.]
CANTON.
(FROM OUR CORRESPONDENT.)
Canton, 27th June, 1889. Supplementing my remarks of yesterday in re Naval Commander-in-Chief, I omitted to men the visit of Admiral de la Jaille, the French tion that His Excellency the Viceroy promptly ing day at the French Consulate, Shameen, and returned the gallant Admiral's visit on the follow
was received with all honours by Admiral de la Jaille and the French Consul, Monsieur Imbault Huart. It is a significant fact that Admiral
been received by the Viceroy, and it says much for de la Jatlle is the first French Admiral, since the Franco-China trouble offive years ago, who bas MonsieurImbault-Huart's tact and influence that the demonstrations of cordiality and friendship
Agents 5.a. foyunt. p.m.) your letter of this date informing us DEAR SIRS, We have just received (4.30 that you are unable to allot any space in having been sent out by you yesterday. We shall be glad to know on what principle you as agents, for a Company of public carriers have made your allotment of space in the Moysine, As we know for certain that our application reached you prior to that of others to which you have afforded tonnage. An explicit reply to the above will oblige us, as you may hear farther as a subject, not of private, but of public importance
(Signed) GORDON BROTHERS. 9-That on the evening of the 16th the plaintiffs received the following letter from defendants:--
Messrs. Gordon Brothers,
In reply to your favour of this date, received this afternoon, we can only say we make allet ments of space in our steamers as we think best for the interests of the supporters and the company in general.
While regretting we have so far been unable to give you any tonnage in the Mogune may mention that (as we have already written) should we be in a position to do so later on, we
shall communicate with you at once.
(Signed) ROBERT ANDERSON & CO.
Agents, C.S.M.S.N. Co. 10. That on the 17th instant the plaintiffs wrote as follows to the defendants:
Messrs. ROBERT ANDERSON & CO.,
Hankow, 17th May, 1889,
Hankow.
DEAR SIRS,Ia reply to your letter of yester day's date we beg to inform you that unless we allot us space in the Afoyuna in like proportion hear from you to day that you are prepared to
to other applicants, we shall at once enter an action against you in H.B M.'s Consular Court, in order to test the legality of your action and to bring the matter before the public generally.
(Signed) GORDON BROTHERS, Which led to the following correspondence ?— Hankow, 17th May, 1889. Messrs. GORDON BROTHERS,
DEAR SIRS,We beg to acknowledge receipt of your letter of this date and in reply to same already twice written you, viz, that though at can only draw your attention to what we have
any space in the steamship Moyune, should we the moment we are not in a position to give you be able to do so later we will communicate with you without delay.
This we now confirm,
(Signed) ROBERT ANDERSON & Co.
Agents C.S.M.S.N. Co., Ld, Mess, ROBERT ANDERSON & Co.,
Hankow, 17th May, 1889.
Agents . Moyuna,..... Your letter of to-day's date has just reached. The visit of the French Admiral to this "Sleepy (4 p.a.). We complain of unfair allotment, Hollow" has altogether proved the most enjoy being in a position to prove that later applicants able event of the year, and it is to be hoped that than ourselves bad space given them. our popular French Consul will be able to induce We therefore confirm our letter of to-day and him to repent his visit, when the exigencies of will strictly adhere to the conditions therein his command admit, in the autumn; we are quite certafa he will receive a hearty welcome from the entire community,
AN OLD SHIPMATE.
[In our opinion Mr. D'Egville's death must be
Hongkong, 26th June, 1889. at least indirectly attributed to either an error of judgment or inexcusable neglect on the part of the medical practitioner who decided that a exhibited by His Excellency the Viceroy towards man in his condition was fit to attend to his the gallant Admiral should have been so marked. duties as chief officer of the Kiukiang. The disease, or rather the complication of diseases, from which he suffered must eventually have been attended with a fatal result, but had his illness been properly diagnosed and the man sent to Hospital a fortnight ago, he would probably have been alive to-day. We happen to know that for twelve hours previous to his death, Mr. D'Egville süffered the most excruciating agonies, and also that Captain Clarke personally attended on him in the most devoted manner. If the Directors of the Steamboat Company would pay a little more attention to the welfare of their officers, whose labours have contributed so materially to the success of the business, we think it would probably redound to their credit-Editor, Hongkong Telegraph.]
THE FREIGHT DISPUTE AT HANKOW.
་་་་ The petition, answer and judgment in this case, which follow, tell the whole story, so that it is needless to give the evidence in detail,
The plaintiff's petition was as follows :—- * 'IN HER PRITANNIC MAJESTY'S COURT AT
HANKOW.
Between William Grant Gordon, trading under the style and firm of Gordon Brothers, plaintiffs,
#nd
Patrick McGregor Grant; trading with another. or others, under the style and firm of Robert Anderson & Co., Hankow, defendante,
contained.
It appears however from documents produced by the plaintiff himself that he had simply instructions from Europe to buy tea to a certain constituents preferred the Mutual line, and though they wished to have a few lots in the first steamer, yet they gave him no positive orders to ship by the first or any particular steamer, neither non-shipment by the first steamer. Further was their order to be curtailed In the event of
more, as will be seen later on, noshipper this year by the Afeysine got as much space as he applied for. If space had been allotted to plaintiff in the same proportion, as it was to other shippers, ho would have had, say, 120 tons, so that in any case the commission lost would only be, any, six hundred taels. It would indeed be a hardship to steamer agents, if they were liable to intending shippers for loss of commission, &c., on teas which the shippers might have bought, had they received the full amount of space applied for.
But it appears to this Court that the plaintiff has not been prevented from executing his orders by, the defendant's refusal to grant the tonnago applied for in the Moyuns, especially as by his own admission it is the custom of his firms to make use of the space allotted to other shippers, The plaintiff bas, by his own admission, taken advantage of a vacancy for 8go half chests on board the Moyuns and has filled the space himself.
This Court therefore fails to see how the plaintiff caused the defendant to lose the' sum of one thousand, taels claimed as commission, or any part of i
Secondly, the plaintiff claims that the unjustifi.. able action of the defendant in not allowing him
damage in his business, and to injure his good space in the first steamer this year amounts to a "boycott", and is" calculated to do him serious
public
name as a merchant, commission agent, and man of business generally, and he claims prospectiva damages to the extent of two thousand taels. The plaintiff pleads that the Moyung is a ship and that the agents are public carriers bound | lo convey the goods of any person who offers ta pay their" bire. The defendant on the other hand pleads; Firstly, that the plaintiff did not complete the bargain by offering to pay freight, The Court considers this plea irrelevant, as tea trade with London, payable on arrival freight is, according to the custom of the
owner of the ship have a llen on the cargo till of the steamer in London and that the the freight is paid. HAR
The defendant further pleads that according to the custom of the port of Hankow, it is optional with the owners and agents of steamers loading tea during the tes: season, whether, they will or will not allot space to any individual applicant, and what amount it any they will allot to any Individual applicant.
Such a custom, no doubt, conflicts with the
good a common carrier le bound to convey the goods of any person who offers to pay his bire, and this unge to be binding must be the invariable certain and general usage of the trade and place, and not the mods of dealing of x particular house
(Signed) GORDON BROTHERS.
THERE. The evidence before this Court, whether a That the acts of the defendants in steamer agent by the universal custom of the thus boycotting the plaintiffs and depriving port has or liss not the right to allot space in a steamer as he thinks fit, is decidedly conflicting. them of the right to ship in a steamer the The plaintiff himself alleges on oath that bis property of a company of common carriers experience of twenty-five years in Hankow shown seriously prejudices them in their business and that the customs of loading the first steamer of position as commission merchants.
The plaintiffs therefore pray that the defend. the les season is to allot space on the principle. ants may be decreed to pay the plaintiffs the
of first come first served... Mr. William White, sum of three thousand taels Hankow Syce within one calendar month, and that the plaine tiffs may have such farther or other relief as the nature of the case may require.
& Co.
The defendant to this petition is Patrick Mc Gregor Grant, trading with another and/or others under the style or Firm of Robert Anderson
Hankow, 17th May, 1889 *(Signed) · WILLIAM GRANT GORDON, trading under the styls of Gordon Brothers,
Hankow
repeats the same assertion, adding that he bas never known; any instance of agents allotting pace as suited the interests of their company.
Mr. Clark on the other hand would consider it unfair if an agent after circulating a steamer should give away space to others, and so fill up the steamer before he had time to apply. Mr. W. Harding's evidence is still more explicit ho says “It is the custom of the port that a man who is – large and consistent supporter of a company. Ahould have a preferential right to space. Such is the general and universal custom. Fas the port":
}