roth inst.
At the Supreme Court this morning before the Chief Justice (Sir Henry 8. Berkeley) the reported matter of the Osaka Shosen Kaisha u, the captain and owners of the 3.5. Prome theus was heard in continuation.
Hon. E. H. Sharp, K.C., (instructed by Mr. John Hastings) appeared for the Steamship Company, and Mir, M. W. Slade (instracted by Messrs. Wilkinson and Grist) represented the owners of the Norwegian steamer.
On the Court re-assembling,
Mr. Slade reviewed the points he had made at the previous hearing, and gave an outline of what he purposed to continue in the shape of argument. He said that the Russian declara. tion included as absolute contraband all food. stuffs consigned to Japanese Ports, and on that point he quoted the London Gazette. Then he submitted that the Russian Prize Court at Vladivostock had self-interpreted the declaration on that point, and on that point he had referred to the American protest re the trubin. Then he said, having regard to these facts, that it would be the duly of Russian cruisers to seize and send to Vladivostock any ships bound to Japanese ports carrying food stuffs. He then cascaded that it was the duty of the Court to consider what was the intention of the parties to this charter when it was signed, and to ascertain the intention the parties with regard to any particular clause, the Court would consider the cause, meaning and effect of the rest of the chaiter-party, and draw deductions therefrom in regard to the insertion of the clause in question,-clause 37--not to carry contraband." Then again by the mere contract of hiring, apart from any special terms, a duly was imposed upon the charterers not to ship any goods, which might be subject to detention or forfeiture. Had the Captain sign ed or accepted the bill of lading, the ship owners would have been fiable as the shippers of cargo.
His Lordship said that whether those goods were contraband or not, the charterer must know that they werchiafile to seizure,. What and why should a Russian care to what port of Japan a ship should go with enemy's goods, so long as that ship had the enemy's goods on board?
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THE
HONGKONG TELEGRAPH, SATURDAY, NOVEMBER 12, 1904.
might be considered as possible contraband. He added that the loss to the chatterers was non-existent, as he understood that a month later the ship was sub-cluttered to the Chinese at an actual profit.
Mr. Sharp, interposing, discounted the im portance of the previous statement, and said that the arbitrator found that this was entirely due to higher freights being obtainable, in consequence of the war.
Counsel for the defence, concluding for the day, said that what the Captain did was to en tirely preclude the possibility of falling into the hands of the Russian cruisers, in which he was quite justified by the terms of the charter.
The hearing was further adjourned.
Irth inst.
mission if such a country opened its coastal earlier, between Messis Bauder, Wieter and trade for its own benefit under pressure of war, Co, and Mr. Arima, the recognised agents to the ships of neatral nations, such neutral of the steamer and charterers respectively. ships engaged in that trade were entitled to hehey had already seen, with regard to these treated as enemy's ships, as having identified themselves with the marine of the other belli- garent, which had given them permission to take part in an unaccustomed trade.
On re-assembling after liffin, Mr. Slade continued the discussion as to the scope of the Rule of 1256 and quote! Philli more's International Law (vol. 3), on the sub ject of coastal trade between neutrals and bel- tigerents, and said that, in this case, the ships chartered to carry on the Ordinary business of a firm under the flag of a belligerent Power could only be regarded in The light of At the Supreme Court this morning, before transport in the service of that belligerent the Chief Justice (Sir Henry S. Berkeley) theo arose, and was reported in 4 Robinson Power. The question of trading by permission hearing of the action, Omka Shosen Kaisha z. the Captain and owners of the Norwegian place in regard to the trading in gum, and the 328, as 10 how far Sonegal was a privileged steamer Prometheus, was resumed. 'The
ights of France over those of other imders. previous days' proceedings in regard to the
lle was very strongly supported by the definite matter have been reported at some length, in these columns already.
Anglo-American Prize Kule, which stated that any vessel sailing under the licence of the enemy Government should be treated as an enemy vessel,
Hon. E. H. Sharp, K. C., (instructed by the Mr. John Hastings) again appeared for the char- Lerers, and Mr." M. W. Slade, (instructed by Messrs. Wilkinson and Grist) defended.
Mr. Slade resuming his arguments, on the. subject of contraband, submitted that the true view of International Law was to look at the true meaning of the phrase, as with regard to, any particular war, as to what was regarded as contraband by the belligerents in thất war, and he contended that there was not a single word in any work on International Law 10 controvert that proposition. His learned friend had asserted that, by International Law, con traband had a very limited meaning; but what he maintained was, what was laid down in books on International Law regarding contra- band supported his previous contention. (Vide Hall on International Law.) Counsel pro ceeded to refer to the more important wars of the last century, and said that at any late with regard to provisions, with which they were there concerned, until the neutral nations for- ced the belligerents to modify their views, pro- visions were and might be contraband of war. The English nation, bound by no treaty what soever, had by the prerogative of the British Crown, the right to declare what in war time it deemed to be contraband, and he submitted that, in this case, the Russians reserved to themselves the self-same right. The fact that this ship was hading beween closed pons in Japan rendered her liable to confiscation and all the penaltics attendant thereon. This, he submitted, was the application of the Rule, of 1726 to this case. According to the award it was believed by the captain that his ship was to be engaged i one of the ordinary runs of the Osaka Shose Kaisha, probably between Japan and Formosa Now it was clear that After the interval for luncheon, Mr. Slade | Mr. Arima, representing the chatterers, never urged that the Capilin was quite right in re-communicated what his instructios were to fusing to carry any cargo which might reason Messis. Sander, Wieler & Co, and there was ably he regarded as liable to be captured It nothing to show that she was intended to be was to obviate any such risk that the special used for any other than open poris on the clause (37) was inserted. The clause was Japar ese coast and in Fozinosa. meant that the captain should not under any circumstances whatsoever carry anything which might be construed as contraband.
Mr. Slade replied that under the declaration Russia had agreed in be bound by the Treaty of Paris. She eight not to capture a ship covered by a neutral flag providing the ship had no contraband on board. Counsel was particularly impressed with the importance of the Nobel case in regard to but contentione: Hecked many other authorities. Continuing, he urged that the sole purpuse ul inserting the clause 37 was not for the purpose of limiting the operation of the urdinasy law, but for the purpose of making it absolutely clear that he was to run no risk of any kind or description, and to render impossible any dispute in such a regard.
His Lordship said that if Russia had not a ship in the l'acific, and the vessel in question was ordered to trade, say between Kobe and Yokohama, could the master refuse to go merely in consequence of a rescript published in St. Petersburg declaring all ports in Japan blockaded and because Russia had declared certain articles in be contraband, which or. dinarily were not considered contraband?
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His Lordship: They must have known that the O aka Shosen Kaisha was a firm in Japan, and that the ship was chaiered by such Japan- ese tim. Now Messis, Sander, Wieler and Cu. are shipping agents, what would they natur
lyst pose the ship was being thered for? Trading in Japan 7
Mr. Sinde-She might have been going to^ America.
His Lordship:-Oh, the might have been going to the South Pole,
Hon. E. H. Sharp:-Ba America is exclud- ed from the chatter party.
His Lordship: Would they not infer that she was destined for coin ports in Asia ?
Mr. Slade said that it was expressly ascer stond that the vessel was to be ser to open ports, only, and what were open ports was ex- plained by the Japanese themselves very clear- Before the charter party was signed it was thought that the trading was to be only on the Coast of Japan.
Mr. Slade, in reply, admitted that he might be somewhat obscure, and probably had not made his points quite as clear as His Lordship de manded. He failed to see how in the circum- stances such an analogy could be introduced, as the captain was not supposed to know how many Russian cruisers. he being in a foreign port, were, or were not, cruising in the neighly. bourhood of the Japanese coast, and he (the Captain) must therefore abide by the conditions under which his vestel was chanered by the plaintiffs, and particularly beating in mind clause 37. Counsel quoted fran Dimich v Carlett and other well known cases bearing on the legal position he had taken up on behalf of the de- fendants. He contended that the real meaning | of the clause that the ship should not carry contraband was that she should not carry what Russia had declared contraband This char ter parly was settled and agreed, though no actually signed before hostilities had broken
out.
Elis Lordship said he would like some reason to think that the parties had in their minds something more than the ordinary and accepted meaning of the word "contraband."
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His Lordship Would it not be a reasonable view for them to take, that the ship was en- gaged within the limits of the charter?
Mr, blade-But the charter selates to open ports only. It is clear from extracts from Japanese law, that there is a sharp difference between open and non-open poris. I refer your Lordship to exhibit R. 2, which reads as follows; "No other vessel except Japanese ships shall be allowed to cast at non-open ports in Japan, or to put in to trade at any of the non-open ports in Japan for the conveyance of passengers or cargo, except as the result of accident at sea, or by having the special permis. sion of the Minister in Charge." The meaning of open and non-open ports was further illus trated, Counsel said, by the extracts in the Treaties which had been put in:
His Lordship If the conditions are fulfilled do the ports become open ports, within the meaning of the chaster?
Mr. Slads--No, my lord.
His Lordship-If you have that permission from the Minister in charge, does it mean an open parti
Mr. Slade-No, my Lord. It is only a special permit to enter.
llon. Sharp surmised that this was obviously aimed at privateering.
Mr. Slade, proceeding, cited various decided cases, and he submitted that "sailing under the licence of the enemy", would be the same steamer, the Prometheus, was sailing under the as sailing under any licence. This particular
licence of the enemy to engage in a particular | the pressure of war. Lude which required a special licence owing to
Hon. Sharp commcaced his reply for the of a lengthy legal discourse, he covered and charterers at a quarter to three. In the course
recovered all the points that had been raised pra and con. Speaking as to the point of the Rule of the War of 1756, he thought bis friend had misinterpreted or mistook his argument upon that point, this argument upon the point of the doctrine was certainly in part that the doctrine was obsolete. It was a doctrine invented by themselves in the war about the middle of the sighteenth century against France, in which France under com pulsion, owing to the destruction of her Fleet by the English, opened her colonial trade tu the Dutch, trade which up to that time had been absolutely Closed. Counsel referred generally to many authorities, most of which he had relied upon ip his opening statements, from which he argued that it was pene rally accepted that the doctrine was obsolete. The mere matter of coffrenience to a belligerent to open his trade afittle more because of the war, was not enough to found the doctrine. Mr. Hewett, the Arbitrator in this matter, must to some extent be regarded as an expert, he being a shipping man himself, and fe (Mr. Hewell) said it was a fact, both under existing Treaties, and pier to the British Treaty of 1904, that foreign vessels were allowed to trade in non-treaty ports with permission, would, prove that the, ports had been freely whether Japan was at war or peace. opened irrespective of the war, and the onus was on the other side to show that they came within the doctrine of 1756.
Coming to the
Ne
It was
eaning of open puts, if there had been any doubt as to what the parties meant by open caespondence. It me at, in fact, ports which. ports that doub" had been removed by the
were in fact open, ports which they could go into, whether they were opened or noiby Treaty, or by the law of 899. Messrs. Sander, Wieler and Co., as Hongkong Shipping Agents, must be taken to know something of the nature of the business of the Osaka Shosen Kaisha jus, before and after the outbreak of the war, and he thought there was very little doubt what they did know, ifis Lordship wou! note that the charter party was drawn up on an ordinary local form, and it was significant that in detail ing the lines to be inversed inter-port trade in the Philippines was debarred. Now there was usdoubt that inter-port trade in Japan would have been mentioned if it had been regarded by the shipping world as closed. worthy of note that some thirty similar steamers had been chartered in the same way and were doing the same work without any trouble or question whatever. The charter party was male subject to the risks of war, but it must be horne in mind that it was signed by both par ties two days after it was known that hostilities had commenced Having regard to all the cit cumstances it must be believed that the Agents possessed the customary authority te execute the charter. Presumption of authority would depend entirely upon the
usage of the Lode He had already referred to eight authorities with regard to provisions, from which it was clear that provisions were Contraband only if proved to be food destined for the forces, or in the words of the leading case, if proved to be destined for warlike pur. poses. At the time the agreement was si, ned, there was nothing to indicate to the minds of either parties that Russia would declare pro-
visions contraband.
After some further argument, His fordship adjourned the farther hearing until to-morrow morning at 15 o'clock.
12th inst. At the Supreme Court this morning before Sir Henry S. Berkeley (Chief Justice) the case of the Osaka Shosen Kaisha the Captain and Owners of the Norwegiao s.5. Pr. metheus was concluded.
Hon. E. II. Sharp, K.C., (instructed by Mr. John Hastings) again appeared for the Japanese, and Mr. M. W. Slade (instructed by Messrs. Wilkinson and Crist) for the owners of the vessel.
lie escaped running into it. The ricksha coolle pulling the plaintiff could not have avoided the collision. The trolley coolies were going al a ran, while the ricksha coalie was merely walk- two parties, that it was clear that Mr. Arimning. A travelling crane, and a number of sta did not intend to exclude provisions, sannary trollies laden with packages, obscured matter of fact, it was evident that the defendants the view of the offending truck. bnd in some way arranged the matter with the Mr. Looker Isuppose the ricksha coolie did aptain for it was a fact that the Captain all that was right and proper, and the trolley lid go to Formosa and load provisions for cooles did everything they should not hare Japan. The only conclusion they could come fone?
303
ELECTRIC LIGHTING.
(Specially writion for the “Hongkong Telegraph.")
gth inst To the ordinary cot rewer who knows,little nothing about the vastuus merits and de crits of electricity as compared with gas for mining purposes, but two questions gen erally present themselves-convenience and Witness: Yes.
ost. Nobody can deny the advantage of be Mr. Ralph Packham, outdoor superintendable to turn on a switch and receive one's eat in the employ of the Godown Company,ght without any further trouble and in a cli was called and spoke to the system of the adding electric fans to one's installation is def
mate like that of Hongkong the possibility o coolies when working.
cidedly alluring. It is, however, purely to the matter of illumination that we wish to draw attention in this present article.
r wrong, they had to fine 'em."
After the interval for luncheon.
A number of coolies engaged in pusting the truck which was the cause of the present action were called and all denied that they used undue strength in propelling the same. One man said they could not have done so, as the load was too heavy. Another coolie said that the watchman called out to the ricksha man to have a care as they were coming across. He and the other coolies with the truck also shouted to him pace, and although he might have pulled up if to stop, but he was coming along at a great
he had liked, he continued and caused the
was, that the agreement entered into between the parties had nothing to do with the Captain, who came along seven days after the clear intention of the parties had been expressed in the agreement. Counsel proceeded to dent with the meaning of the word "contraband," William Clarke, an overlookes, was called in similar capacity. The coolics pushing the excluding arms and munitions with which they the meaning of the word as applied to provi had nothing to do. But he would ded with truck which caused the plaintiff to be thrown from the ricksha were fined by the management. accepted meaning was: "Provisions destineduled, sententionsly, whether they were right sions. He submitted that the ordinary and
That was to niake them more careful, and be for warlike purposes." That being so, the defendants could not vary their written con tract, by showing that they intended something special and unusual. It was a sound proposi
tion at law, that parties having entered into a written contract could not vary it; that was the first canon of written contracts. He had taken the first point last bécause he did not wish to rely solely upon any technical matter. He subfitted that it was not permissible to vary the purpose of the contract, and contended meaning of the matter. He referred His Lord- that he had given the plain and accepted
ship to Phipson (p. 512) and Taylor (p. 741) on
Evidence"
accident. The men on the truck tried to pull Counsel dealt at some length with the vari-back their burden, but it was much too heavy nus points raised by Counsel for the defence, for them to do, so in tine to avert the collision. to the restraint of Princes, etc., and also com- particularly with regard to the point referring his particular coolie admitted that when they reached the incline to the road they were going mented upon the absence of anything definite
Other Chinese coolies called, all said they in regard to what was the m tual procedure of the Vladivostock Prize Cont. Counsel's remaining shouted out the ricsha man to note they point was with regard in the right of Russia toere about to cross the road but he took no declare contraband by declaration. His fried notice. The ricsha man they mid was going had referred to the Admialty Prize Manual. at a great pace, but with the national idea of saying it was the best authority on Prize Law, distance agreed that he could have pulled up in He would refer His Lordship to Hall (p. 671) ten paces. The coolies who pushed the truck when in regard to the Boer War, Lord Salis- along the wharf to the bottom of the incline, bury, in reply to Count Hatzfeldt, stated that where it was taken in charge by other coolies (the previous witnesses) alt denied that they the Manual was merely intended to present in a convenient form legal points for the guidance pushed the truck at an unduly fast rate. and benefit of British Naval Officers. Its in The case was adjourned uatil Thursday tention and objects were not to lay down law, morning at half-past ten.
roth inst. and further it expressly. refrained from treating of questions which would ultimately have to be decided by the British Prize Courts. Alter referring to various other legal authorities, Counsel concluded by asking His Lordship, (as he knew he would do) to carefully consider the authorities he had cited:
His Lordship said that under the circum- stances he would reserve his opinion on the answers submitted by the arbitrators for fuller and further consideration. He asked that everything in the shape of documents, etc. to which reference had been made should be put in.
The Court rose at 12.30 p.m.
THROWN FROM A RICKSHA,
ENGLISH OFFICER CLAIMS DAMAGES.
FROM KOWLOON GODOWN COMPANY
1.IMITED.
8th inst
At the Cird Summary Court this morning, Mr. T. Sercombe Smith (Puis e judge) pre- siding, Lieutenant W. F Lumsden, RA, sued the Hongkong and Kowloon Wharf and Go
awn Company Limited, for the reevery of $200, damages alleged to be due in respect of injuries sustuned through the negligence of the employees of the defendant Company.
Mr. E. J. Grist (Hessrs. Wilkinson and Grist) appeared for the plaintiff, and Mr. H. W. Looker (Messrs. Deacon, Looker and Deacon) defended.
Mr. Grist, in opening the case for the plaintiff, said his client claimed for damages in respect af nervous shock, injury to clothing and other personal inconvenience. The facts, in brief, were that on the 6th October last, some time in the afternoon, the plaintiff in a ricksha was proceeding along the sea front at Kowloon towards the terminus of the Star Ferry Com. Pany, Limited. Whilst nearing the depot, his ricksha was run into by a trolley, laden with heavy baulks, pushed across the road by a number of coolies in the employ of the defend- ants.
He was thrown out of the ricksha, and sustained various physical injuries, in addition to which his clothing was damaged. Counsel had supplied, at the request of the defendants, particulars of the accident, and details of the injuries incurred by the plaintiff Lieutenant Macdonald win was riding on a bicycle, by plaintiff's side, would be called to corroborate the evidence of the plaintiff Counsel read a the parties, and also put in a plan of the scene number of letters which had passed between
of collision which, Counsel for the defendant admitted was a public road.
Mr. Blade said the agreement was come to be, fore the breaking out of hostilities, though it was signed actually the day af er the news arrived in Hongkong that war had begun. It was well known at the time that Russia had a strong naval force, including many swift cruisers, gathered around her naval base in the North. Under the chatter-party the ship might be taken to any open port in either
Plaintiff, called, said that on the day in ques- China and Japan, whether near Russia's Daval
tion whilst proceeding in a ricksha to the base or not, provided that she carried no con.
Ferry wharf, at Kowloon, he turned the corner traband The agreement was made with the
Counsel for the defence then read, at sonic
of Elgin Road, Lieuterant Macdonald, riding full knowledge that the ship being a neutral length, extracts from the Treaties, and urged
by his side on a bicycle, being with him. The ship would be free from capture if not carrying that by the chatter only treaty ports, such as
ferry was approaching at the time so that his what, according to Russian ideas, would be con. Nagasaki, Kobe and Yokobama, were intended.
coalie altered his gal to that of a walk. traband. She would, however, be liable to Messrs. Sander, Wiler and Co. had, no doubt,
Between the corner and the ferry landing a capture if she did carry contraband. The authority to enter into an ordinary agreement
truck laden with heavy planks ran into them, agreement was made with full knowledge but, in reply to the Beach, Counsel added.
throwing him out and causing somewhat seri- that Russian ships of war, and Russian there was no evidence to show that they had
ous injuries. He subsequently wrote a letter Prize Couris would be governed by the Rus expressed authority. Mr. Slade referred to
to the Godown Company complaining of the sian declaration of contraband. The clause the telegraphic correspondence between the
affair and claim ng damages. The truck in question was primarily inserted to save owners and the charterers, and said that on
His Lordship having taken his seat on the pf timber was pushed along at a very fast rate the ship-owners from war risks It was the 19th March the owners cabled the agents Bench,
indeed, and no warning was given of its clearly within the knowledge of both parties to from Norway; "Refuse all contraband." On
Hon. E. H. Sharp said, he had been through approach. The coolie did all he possibly could this contract, that the ordinary custom of ship the 23rd of the same month, Messrs. Sander,
his notes on his friend's speech, and in conse. 16 avoid the collision but it was impossible. owners was to insure ships against ordinary Wieler and Co. wrote to the Osaka Shosen
quence of flis Lordship's intimnation just before The coolie was in no way to blame for what peace losses. Now the ordinary form of policy Kaisha informing them, that an addi-
the Court rose the previous evening, he thought happened. was drawn warranted free from seizure or captional sum of $3.250 per month would be he had eliminated three-quarters of the pass. Cross-examined : As he was coming along ture, and if the ship had been allowed to load required, if the steamer was to be employed on
ages which he had marked for answer and the road he was on the look out for trolleys, contraband this policy would be avoided. the Inter-port coast trade, loading cost, rice,
comment, and the number of passages left was but could not see very far along the course as provisions, &c. The manager of the Osaka extremely small that he should invite His after about ten or fifteen yards his view was Shosen Kaisha plied the following day, Lordship's attention to. His friend had argued blocked by a ship. There were about ten remarking that he regarded the increase as
that the agents did not understand that the coolies pushing the truck. There were neither most unreasonable, but did not say that the ship was to be used for carrying provisions, or coolies nor a white man in sight when he was steamer would be obliged to go upon the Interwards to that effect, as evidenced by a letter picked up by Lieutenant Macdonald. port coast trade. His Lordship would notice from Mr. Atima. Now in that letter Mr. Arima Mr. Grin, at this point, stated that he had that the owners objected to anything that took exception to the opinions of the Captain, overlooked the asking of the witness the nature might be considered contraband long before and said they had better get another Captain of the injuries he had sustained. they could have been advised by mail, so that
or they would lose a great portion of their Witness then said that bis left wrist was they must have obtained their information by provision carrying trade, adding that none of the sprained, his thumb injured, he had three cuts means of the telegraph. The awpers, while
many other captains of the steamers chartered on the palm of the left hand, in addition to confirming the charter in its original form, by the Company had raised any objection. It which his left knee was badly bruised. He also declined to sanction inter-port coastal trade in
was clear, therefore, that Mr. Arima costem received a severe shock to the nervous system, the absence of an extra payment of $3,330. This plated the carriage of rice and sugar between whilst he utterly spoiled the suit of clubes he being refused by the charterers inter port
Formosa and japan. Therefore, the question was wearing at the time. His left hand was trading was not agreed upon, and this formed
they had to consider at the moment was the practically useless for a fortnight. -the whole crux of the case.
question of the intention of the two parties to Counsel proceeded to argue as to whether the this contract when the charter party was signed Rule of 1756 was an existing Rule to-day, and or the roth February, viz., Mers. Sander, letter to recompense the plaintiff for medical whether or not it applied to the coast trade of Wieler and Co., on the one part, and Mr. Arima aid and had expressed regret for the accident. Japan: as carried on under Japanese Laws, as the other. Now at this particular time it. It was simply a question of law. He alleged There was no doubt that it was an established. was quite clear from the evidence appearing in contributory negligence on the part of the rule, put in force with vigour and persistency Mr. Hewett's award, that the Captain wall is ricksha coolis, by Great Britain, a century and a halfago. He Saigon, or on his way from Baigon, and he told submitted there had been no act, or that any them in his evidence, that he first know about thing had occurred which had done away with it the charter about the 17th February. These as a rule of International Law, and the liabilities facis could only indicate one conclusion, and imposed upon privileged trading, nor had there that was, that seven days after completion of Lieutenant Macdonald also of the, R.C.A., been anything done to abrogate it. He argued this contract, the Captain arrived here and then gave evidence and in the main corro that Hall was not a very sale guide, and said expressed some misgiving, on his own borated, the statements of the plaintiff. He that where a country kept its colonial trade in account, as to whether provisions were con was riding about a yard and a half head of Mr. Slade went on to argue that it was in its own hands, and only allowed foreigners to traband. This, however, could not conceivably the plaintiff when the timber trolley warrushed the minds of the shipowners” that rice and sugarʼ partake in that coastal trade by exprita per- xfect m. Contract entered into soyou days along, it was with the greatest difficulty that
His Lordship. You put it to me that a ship aptured unlawfully, according to recognised International Law, would forfeit her insurance?
Mr. Slade.Absolutely. His Lordship.-Why? Mr. Slade. The reason is extremely simple, because at the time the insurance was effected a material fact, which increased the risk of the insurers, had been concealed from them.
His Lordship observed that this was a view which could not be taken in this case, as at the time the agreement was made, there was op material fact concealed, because to the knowledge of the world, the ordinary meaning of contraband did not include food stuffs, and only included food stuffs from the time of the Russian declaration.
After some little discussion on the subject, His Lordship asked and at Mr. Slade's request made a note of the same, together with the answer, whether there was anything to show that either party over supposed that Rus. sia would include foodstuffs among articles contraband.
The answer taken from the exhibits, was that there was a letter from the charterers dated the zoth February, only ten days after the signing of the charter, and prior to the declaration, from which it appeared that the master had a few days previously regarded Russiso sugar as contraband. -- ·
Mr. Looker said it was not a question of personal injury. They had offered in their
His Honour, addressing Mr. Grist, pointed out that it was necessary for him in prove negligence on the part of the defendants, which Mr. Grist said he proposed to do.
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ala troi.
At the Civil Summary Court this morning before Mr. T. Sercombe Smith (Paisne Judge) the hearing of the action brought by Lieut. W. Lumsden, R., to recover $200 dages from the Hongkong and Kowloon Wharf and Godown Company, Ltd., under circumstances reported in our issue of Tuesday, was continued Mr. E. J. Grim (Mesars. Wilkinson and Gris) appeared for the plaintiff, and H. W. Looker (Messrs. Deac n, Looker, and Deacon) defended.
Mr. Looker, for the defence, said it was the obvious duty of the plaintiff to prove beyond reasonable doubt that there was negligence on the part of the defendants. He read extracts from a number of decided cases in regard to railway administration, and sought to show that the Legislature having sanctioned the use of tracks on a public highway, it was the duty of the public to get out of the way of passing
гать
Ils Honour remarked that it amounted to an authorized nuisance, for there could be no doubt that trucks on a public highway consti tuted a public nuisance.
The consumer lights his home with lamps of
light he uses the higher will be his monthly ich candle-power as will suit his requirements, and beyond some vague iden that the more hill for light he is often quite in ignorance of various circumstances which control his anjoust of iurisination. He probably does not realize that cach lamp represents according to its bril
ancy a definite amount of coal expended at the power station in order to raise steam to ufficient pressure to keep the dynamo going at a fixed speed.
The speed of the dynamo is constant, but each light turned on makes it harder for the
speed. engine to keep the dynnin revolving at that
Moreover, a lamp of high power, generally speaking, absorbs more work than one of low power. We say generally speaking because a lamp may be of high at low efficiency and it is this efficiency that it is our object here to explain. Lamps are mostly made in three de grees of brilliancy eight: sixteen and thirty-two candle power.
that a candle-power is not the illumination It is well to explain at the commencement given by a good wax candle, but by what is known as a standard candle which standard was created in the days of tallow "dips."
As a matter of fact, a two thousand candle power arc light gives a degree of illumination equal to about eight hundred and eighty candles. haps, since we are dealing with incandescent This is not quite a fair instance to take per- lamps; but it is quoted in or 'er to demonstrate how misleading the term candle-power may become.
lamp mightbe said to give about the same light As a matter of fact as eight candle-power as a thoroughly good wax candle six times the size of the ordinary bed-room article, nos, be it understood, six candles in a group like a chan delier.
The work absorbed per candle-power by the lamp is measured in watts, a watt representing a fraction of a horsa-power or the amount of work some animat much smaller than a horte could be expected to perform Shall we say " rat for the sake of argument, if we might consider that seven hundred and fifty rats could do as much work per hour as a horse.
What the consumer pays for is the number of watts he takes out of the power station each hour and this is recorded by the meter in his house,
The interesting question is, of course, how can”. may, of course, use any make of lamp he likes he use this power to his best advantage. He
and some makers will tell him that their own particular lamp uses less power for the sama illumination than others; the maker is probably righ, but he omits state certain other details, which come into the reckoning.
The average amount of power consumed by the best lamps for ordinary purposes is three and a half watts per candic power. Thus an eight candic-power lamp uses twenty-eight watts or ane horse power will light, say, twenty-five eight. Candle-power lamps allowing something for
thousand hours though it cannot be relied on loss in the mains, &c.
Each lamp should burn for about one
to burn as long as that before wearing out, consequently in setting up an installation the renewal of lamps must be taken into account 50 that whereas three eight candle-power lamps suitably distributed will give better illumination than one of thirty-two candle power probably for the amount of money expended on power, yet the cost of renewal is three times as great when they are worn out,
It might therefore he worth while to use a single lamp of rather more than thirty-two candle-power in order to obtain the, same amount of light and save the cost of renewal to same extent, It is here that the high offi. ciency lamp, as it is called, would come in.
Mr. Looker, in admitting this, said it must be taken, that the Legislature in authorising the use of trucks or a public highway presumed that the nuisance would cause a certain danger to the public. He spoke on the principle of identification and argued that when a passenger engaged a ricksha he identified himself with Chinamen, who only knew Chinese, and he the puller. The ricksha were all pulled by
thought he might uuthfully say that the major ity of those who used the rickshas did not understand Chinese, so that their only way of indicating their wishes was by signs or the use of simple expressions, but it was the universal practice for the drivers to control the rick shas, particularly in regard to the direction in which they were going. In fact, they had the general control. In the present case the plaintiff told them very clearly that when be came round the corner of Elgin Road he told the coolie to go very slowly, as there was no difficulty in catching the ferry, which was just coming in, and he did not want to run the risk of being run into by a trolley. When he did that heal once assumed the entire controlofthat rick sha for his own safety. Apart from the general principle, he submitted, in this case, that the plaintiff, by his own act, identified himself with the accident, and it was peculiar to note that the
If we put a lamp designed for a low pressura particular act was to prevent himself being on to a high pressure main the result will be ihrown out. He would therefore suggest that that it burns rapidly away as may be expected and gives correspondingly greater amount of there was undoubtedly contributory negligence on the part of the ricksha coolie. The coolieight; but for the amount of candle-power it undertook the risk of running across this track the light is cheaper.
gives out it absorbs less work and consequently and was in the main responsible for the acci dent. He laid stress on the fact that the In these days when incandescent globes watchman and the coolies pushing the truck have come down in price to a fraction of what called upon the ricksha-man to stop, and that they were a few years ago, it really it was stated that he (the conlit) could have
more economical to are one's lamps in this stoppe had be desired to do so. Counsel way; but there is of course a limit and when a maintained that had Lieutenant Lumsden been lamp is used on a circuit of abnormally high keeping a proper lookout, he would have seen
pressure it deteriorates very rapidly, Generally both the timbr steamer and the train coming, speaking, a lamp run at high pressure begins and it was obviously the duty of both the plain to lose its efficiency after 200 hours' burning. tiff and the coolie, knowing the frequency with which trams crossed the road, to proceed at such a rate (the ship blocking the view) that the vehicle could be pulled up without the
slightest fear.
Mr. Grist replied at some length for the plaintiff and argued that it was impossible to imagine that a man engaging a resha could be assumed to have control over the coolie. If the coolie on his journey deliberately ran into something could the passenger be held res pansible?
His Honour-It seems very likely that it would be contested.
Mr. Grist in conclusion argued that it could never be upheld that the coolie was under the passenger's control at all. It was the same as a man taking a hansom cab at home. Could the fare reasonably be supposed to have the control of the driver beyond directing him which way to turn, etc,
Hi Honour said that there did not appear to have been any dispute in which a hansom was concerned, the casus, generally, involving trams and omnibuses.
After some further argument, . Hà Honour said he thought it would be con- venient if he delivered a written judgment, which he would do at an carly date.
BIRTHDAY OF THE KING OF ITALY.
rith inst.
In point of fact, the high efficiency lamp is little inore than a name for the same article differently used.
When this loss begins to show itself in a marked manner it can be used for some less important room such, for instance, as the bed requisition and a new lamp substituled in its room where a strong light is not so much in place.
With a judicia I transposition of lights in this manner, of good deal more light can be obtained by the wary consumer without in creasing his light bill to any appreciable extent,
THE S. S. "CHEFOO"
The little steamer Chijoo seems to have had a rather eventful voyage on her recent trip to Newchwang. She left Cheloo loaded heavily just before the last heavy blow from the morth, When about fifty miles off Port Arthurshe was intercepted by a Japanese man-of-war which insisted on puiting her about and escorting bar to the Miamiau Islands. Arriving at the latter place, the Chafoo was allowed to tum about and proceed on her voyage. She had steamed but a short distance when another Japanese ship interfered with her progress. She sur mounted this difficulty, however, and was com pelled to put into Chingwantao to secure coal, her fuel being nearly exhausted as a result of many miles of unnecessary travel.
There was at first considerable beiltation to supply the ship with fuel by those of whom she endeavored to purchase, the war causing dealers to eye with suspicion casual-steamers To-day being the anniversary of the birthday putting into ports like Chingwantao. Captain of ill Majesty, King Victor Emmanuel III. of Edler finally succeeded in obtaining fourteen Italy, Chevalier 2. Volpicelli, Consul-General, tons of coal which enabled him to continua to wu "At home" from 11 a.m. till noon, when ¦ his destination, Newchwang, the members of the Consular corps in Hoog kong, the Italian community, and many foreign friends called at the Consulate, to lender their Congratulations on the occasion to Chevalier Volpicelli, on behalf of His Italian Majesty, who to-day enter upon his thiny-six year, and to wish him a long, useful, and prosperous life, H.E the Governor, H. E. Major General Vil liers Hatton, and Commodore Dicken were represented by their Ajdes-de-Camp/"
The Chefe has been given special attention by the Port Arthur blockading fleet, which puts all sorts of abstar es in her way at every upportunity. While salving the cargo of the stranded Uniton some time since she was scrutinted very closely, at one time being ardered away from the lilands, The skipper was not to be bluffed, however, and asked his tormentors to seek a far distant locality, Chefoe D. News,