ALLEGED INFRINGEMENT OF TRADE-MARKS,
JUDGMENT RESERVED.
Mr. H. W. Looker, of Messis. Descen, Looker and Deacon, prosecuted and Mr. R. A. Harding represented the defendant firm.
The case or the prosecution being over, the witnesses for the defence were examined. Tha manager of the defendant firm sakl he deal largely in
in all kinds of sugar. Witness's firm bought between $50,000 and 160,000 worth of sugar from the complainant's Erm during the first six months of this year, under the ame of "Chea Tong." Witness's from benchit nd sugar from Taikon during the last two years. Speaking as to the working of his fitin, winces said that when coarse sugar was botight from his firm,
the quality of the sugar, as well as the name of the firm from whence it originally came, were entered in his books, As regarded the sale of a bag of sugar to the China Sugar Refining Company on the 13th instant wasess knew bathing about it. Continuing, witness said that it would be impossible to trace the pur chaser of a bag of sugar a month after the sale had taken place, simply because witness's firm had a large business On the 9th instant be remembered Sergeant Watt calling at his go down, and witness personally took the officer and showed him the sugar. At that ting there were over 300 bags of sugar in the godowns With the exception of the base of sugar in Court the marks on the other, bags in his go- downs bore special marks.
Here Mr. Looker interpolated that when questioned in his shop witness sand he could not read the marks on the bags.
Cross-examined, witness said he was a part- her in the firm.
"Why did you deny, when asked by my in- terpreter, that you were a partner or a mane ager in the firm queried Mr. Lanker.
THE HONGKONG TELEGRAPH SATURDAY, JULY
upon
|
¦
3. 3. "MOLDAVIA"
.P. & O, LEVIATHAN.
so their rights have been infringed in their great detriment. This secined to bear a striking resemblance to hunian being intervening to dive the chain of consequences arising from 4 Wrongful act from their normal sequence. If a man -does a wrongful act he is not only liable for at
the consequences which spring automatically from 'that act, but also where there is a die- turbing cause in the chain of circumstances, he is liable for the consequences resulting therefrom, if he knew of its existence, or fore saw its existence, as a responsible man, and the probable consequences. Applied to this case his Honour found that here a man unlawfully puts a portion of another's trade- mark on goods which he sells to a third, and that purchaser is enabled thereby to complete the mark, and so infringe it, so the first man was liable if he knew that purchasers were like ly to complete the mark and so infringe it, or if as a reasonable man he ought to have known it. As to the facts of the case the evidence was overwhelming that Ulliaus, or the Bernheim Continuing, witness said he dealt
Brothers, cught, as reasonable men, 10 have fore kinds of sugar-Jardine's and a German braid.een, that would occur, as in fact it did occur.
After bolb solicitors had addressed the There the plaintif's case stops, as they adscenes from "The Tempest." Here are chairs Court, Mr.. Hazeland reserved his decision, until Tuesday next, at noon..
When the interpreter asked me" per plied witness, "I replied see-see lung-kah " (managing partner), The Court interpre. ter here said that the words we see came from the Sunning dialect; it was not used by Can..
fonese:
"pursuing them, than the marks do not become common properly, provided the owner does pursue the infringers "within the period of limitations. This led to the question whether the "Yeenah" had become publici juris, and
25th inst. Bi Honour was of opinion that the state- Considerable interest has attached to the 25th inst.
ment that Bovet did not know of the in arrival of the sa, Moldavia, in Hongkong, as Further bearing of the case was continued ftingements that would be sufficient to she is about the finest vessel the P, and O. this afternoon, at the Magistracy, in which the
make the mark conman' property, and his 8. Co. hays afont, and expectation was rife Ching Sugar Refining Co., Ltd., appeared as.Honour did not think that a word or mark
to see how she compared with other leviathans complainant against the proprietors of the Fung which had been exclusively used by one trader of the deep, that have lately visited this pori. Fat Loong pill shop, of No. 275, i es Vieux need necessarily remain his property for ever,
Hitherto
It has been in the hands of foreigners Road Central, for exposing for salo ceria B but might b. come publici juris, as in the case
{ to show us what can be done in the way of the bags of sugar to which forged trade-marks and, of Harvey's Sauce," wherein it was held that shipbuilder's art, and how ocean travelling cas falte trade descriptions had been applied, anyone
who
liked could ninka "Harvey's be made Sauce." His Honour their dealt at length class hotels, confortable as residence in first hotels, by building what have been claim with the question of the delay in bringing ed to be "floating hotels," but now the 1, and 0. the action, and said he could see no traces. N. Co. is apparently waking up to the fact of of actual acquiescence on the part of the keen rivalry and competition in the passen The plaintiffs. The proceedings in the Syriss
ser and cargo-carrying trade between Europe Courts were then reviewed a number
and the Far East, with the result that they are of copies of evidence taken in those proceed building boats that can take their place side by ings, being refused admission in this Court, as side with anything afloat without being com they were not piaved or certified, as required pelled to take second place. One of these by the roles. Hs Honner then touched
boats hirived in this harbour for the first time the effect of registration and non-registration this morning, and was, as was only to be of trade-marks, and passed on to a considera. expected, subject of intch admiring curiosity on the marks and scalliped borders. le bain among the craft and their crews afloat and then came to the law of the case and said he
the interested members of the shipping and must emphasize what was too often overlook mercantile community ashore. As she Jay ed, that the law as to infringement of trade alongside the Kowloon whart the us. Moldavit marks is but a branch of the law of torts, with the new arrival, presented a really magnificent special rules applicable to the circumstances appearance, nor was this in any way detracted oder which the rights are acquired, and the from on a closer inspection, and a Tour infringement of them occurs, but we may ex through the terior of her iron walls. pect to find in trademark cases referable to the Thess. Moldavia is a steel, twin-screw mole familiar ones of the iw of torts. In
steamer, built at Grenock in 1993, and has a this case the plaintiffs say defendant has sal watches beating the plaintiffs' marks, length of 540 feet over all, with a beam of 58.6, and is of 10,000 inas register. Her displace ment is 15,000 tons, and her average speed is 10 knots, easily maintained.. In all she has six decks, and the boat accommodation, from life- boats to gigs, will suffice for the supporting of 1,000 persons, should occasion arise to require their services, while a steam pinnace is kept always ready for any possible requirement. he is also fitted with troop decks, so that, at a few hours' notice, she would be ready to con vey troups from one end of the British Empire to the ather-a great desideratum in these parlous times... As for her accommodation, she has berths for 410 fist class passengers, and 150 second, the arrangements being, such, by means of gangways and slides, that each class can be entirel cut off from the other, if neces sare, and each bold their entertainments, in their own part of the vessel without in the slightest degree interfering with, or embarras sing, the other. The cabins are fitted with electric light and fans, and have large poit boles, instead of the usual 6 by 6 inch punctures generally met with. Above and circulating the saloon, is the music room, which is fitted up in very handsome style, and flanked, fore and aft, with valuable oil paintingsrepresenting mit there was no wrongful act. Even and lounges to tempt the most miserable supposing that the case was put as high as sufferer from ni de mer, while a grand piano, this, that it was done with the delibemte in. tention of injuring the plaintiffs, yet no action by Collard and Collard, is ready at all times to do service; by discoursing those sweet strains would lie, for what he in fact did which caused which are supposed to (but don't always) the damage he had a right to do. Malice,soothe the savage breast." The saloon, im per se, is not a cause of action. a man's niediately below, and overlooked all round by motive will not make wrongful an act which is
the music room, is a handsome apartment, not of itself wrongful." If a man has a right capable of seating 400 persons at a sit tido a jhing he may do it, with whatever ting, and is handsomely panelled in relief intent. His Honour bad doubts on the with porcelaine de chine, while numerous question of the plaintiffs' admission, but he electric fans continually agitate the air and had shaped it could not alter the case as the plaintiffs help to keep the atmosphere cual, when authorities cited by learned counsel at the ran,
His Honour reviewed the necessary. Adjoining the saloon is the smoke. hearing of the case, and said he felt confident
handsomely upholstered apartment, fitted with a bar, and supplied with that the Chinese came to regard the mark as all the paraphernalia for games of sorts, from a trademark, mainly because they know the object with which trademarks are used by
dice to dominees, and plequel to poker. The European firms, and he thought he might thick, and this same rubber is to be found, as a floor is covered with rubber-matting one inch assume that without that mark they would safeguard, wherever passengers might be not have bought the watches. He held likely to feel to excess the movement of the therefore that the azure had become a trade vessel in bad weather, and thus be likely to mark, and that there was overwhelming evinse their equilibrium. The bathroom and dence that it was common to the trade. It lavatory accommodation is more than ordinarily was clear that Bovet realized that his rights lavish, and such as is not usually found in ordin had been infringed, but whether he would bavery passenger steamers; and what is said of the framed his complaint in the highly ingenious first class accommodation may, with equal justice, foun in which Mr. Sinde bad ptil it was another be said of the second class for there is so little to matter. a trader uses ingredients in making choose between them that one marvels " how it his trademarks that are easily, copied, and are can be done at the price." The promenade in fact copied, he must seek protection of the leck is a magnificent piece of wood-paving, as law as often as they are copied, for frequent well-lid and smooth as if intended, indeed, for copying, if notorious, and it unchecked, comes a ball-room! Dr. Griffin, an old and well- at last to destroy the exclusive right of any known servant of the company, having seen one person. A inere circular to the trade is considerable service in the company's feel, has not a sufficient vindication of his rights. As a perfect little hospital, surgery and consulting regards the azure alone he was af opinion that the plaintiff must fail. With regard to the himself and so arranged that he can at any joom, bath rooms, and isolation roam, all to "Yeenah" mark the plaintiff was entitled time separate one from the other by means of to an injunction restraining the defendants airtight fand, it to be hoped, germ-tight) doors. or their agents from using the mark either in The captain, the dector and the purser, are Hongkong for use or sale, or in Hongkong as very well housed, but, as usual, much a distributing centre for the rest of China. This is felt to be desired in the housing of the off would cover that mark in any form resembling
cers, upon whom the navigation of the ship, the plaintiffs' mark, either without a border, or and the safety, welfare and protection of the with any form of surrounding device. But the passengers, devolves. Their very cramped nature of the account to be taken required and scanty accommodation is perhaps the one some consideration. It had been held that defect to be found in this otherwise very hand, one could not let a defendant go on selling some, well-appointed, and well-found vessel. for, four or five years, or more, and then st the end aay he is your salesman, and come on him for an account of the profits. In that case there Was A standing-by with
“Didn't you tell me," asked Mr. Lonker, "that none of the partners was in the Colony?" "I did not," replied witness,
THE JUDGMENT.
1wn
26th inst..
had
In Original Jurisdiction this morning, his Honour the Chief Justice, Sir Francis Piggott, presiding, delivered judgment in the case in which Messrs. Leubs sued Messrs. Ullmann and Co., for an injunction to prevent thent using the "Yeenal " and " Po "Wai" trade- marks on watches sold by the defendant firm.
His Honour said this action was begun in 1907, and finished in July of this year, after twelve days hearing. The plaintiffs' title de pended in the first place in a great measure on the action or want of action of the Boveis, (the original owners of the marks while much depends on the action of Ullmane, and a difficulty arose from the fact that none of the parties engaged in the case had any direct knowledge of the material facts of the acquisition of the markcs or the alleged infringements, and reliance to be put on the evidence taken at the trial, and that vade, commission in Switzerland, innumerable documents, and a shop-full ai watches being produced in Count. This was necessary, it is in all trade-mark-cases such as this, where the issues depend on facts which accurred very many years ago. There were two points which did not appear to fit in with the scheme of an acton in English Courts: 1st, registration
of trademarks in Swizerland, and, zud; infringement in Hongkong. He had na doubt that the carly history of the trade- marks had been correctly given, and that the watches then made and sold by Edward Bovet bore the marks "Po Wai" and "Yeennt," as Alphonse Rovet testified, that the origin the marks is perfectly clear. The practice of using these marks for their watches had been so successful among the Chinese that it was the obvious thing for others em barking in the trade to follow suit. Ullmann, the defendant, borrowed the ider quite legiti mately, since the law does not protect an idea,
ed the name U Li Man," but it was extract such as it was then, wisen in 1893 he register dinary that Ullmann did not perceive that "Yeebah" was also the transliteration of some European name of a watchmaker. It was said he thought "Veenah" meant "China" while at the same time other witnesses an his behalf wald they thought "Yeenah" was the sign of a second quality watch, and that in some mys terious way it had come to mean a second- class watch of any make., His Honour had, no doubt in his mind that it was a del „berate assumption by Ullmann æt→ Bavet's mark when he registered it made with too little thought of its origin, and that the explanation subsequently given was an after- thought, for if he thought this mark was "com- mon to the trade" why go to the trouble of registering it? It is noteworthy that another of the Yeenah marks, spalt "1 na," which figured so prominently in this action was res gistered by Courvoisier Guinard. The first ques- Hon he had to consider was whether Leuba bad
m
another
POLICING THE WEST RIVER.
A PENANG COMMENT,
14
BEKI-BERI.
BUDGESTIONS FOR TREATMENT OF THE DISEASE.
J
25th insi.
We have been favoured with the following communication from. Dr. Paul, who has had considerable experience in the treatment of beri-beri in the Malay States and whose obser- vations should prove of interest to the medical fraternity of Hongkong,
TO THE EDITOR OF the Hongkong Telechanic" / Sir,Will you kindly allot me a small space your esteemed paper.
the
I have read with great interest a research into the etiology of besi-beri by Drs. Hunter and Koch, and quic agree with them, that the disease from micro-organisms. General medical meo, (beri-beri) does not occur Medical Officer to the Pahang Corporation with whom I came in contact when Acting (Quantan Tin Mines, Pahang), informed me that it was owing to organisms in blood, but I did not agree with their theory more than a sort of pernicious anemia. I but held to my opinion that it was nothing acted for Dr. Ralph, the M.O., who went to. Canada on sick leave for six months (from July of beri-beri cases for that period, and com. to December). I kept a record of the deaths Parcul it with Dr. Ralph's (from January to June). He lost 146 cases to my thres. My plan was, on finding the men attacked with the di- side, put them in a generous diet, and nervine sease, I sent them down to the grafa of sea tanic, kept hem at the sea-side for a month,
and mast of them recovered to' return to their
mining. work. From the experiment 1 tried the remarks made by Drs. Hunter and Koch cctirely coincide with my observations.
For the prevention of the disease there must be:-
(a) Good ventilation. (b) Sunshine.
(c) Generous diet.
(d) No overcrowding.
(e) Exercise in the open air. (Change to the sea-side. (g) Nervine topics.
beri-beri cases than that reported by Drs. Hub- There is nothing more that can be done for ter and Kech. in the last resort the patient must leave the infected district-Yours faith- 1..lly,
D.R. PAUL, ER.C.P., L.R.C.S., L.M.
THE ROYAL HONGKONG GOLM
CLUB.
28 1906.
ASSAULT BY, INDIAN WATCHMEN,
at
JUMIER PLUVIOS.
126
RETURNS IN STATE TO HONGKONG,
BALLESTO A TE' PT TO", OR a CompAJRIOT.
26th inst 25th inst.
Not so very long ago; people in: Hongkong Three Indian watchmen, employed at Bow-were bewailing the inadequacy of the water rington Canal. West, were charged at the in, supply, and in Wanchai matters reached such stance of Inspector Gourlay, before Mr F. A. a desperate state that residents were unable to Hazel n', at the Police Court to-day, with et sufficient water to provide for their matu assaulting Mota Singh, on the 24th instami, tinal cup of coffee, to say cothing of other do with sulant 19
10 rob hum of $330 in money and mestic purposes. Now, however, the boot in eleven promissory notes, worth $1,800. The ou the other leg, for people in the same dis- defendants denied the charge. ho com-
trict are grumbling at the expense involved in plainant, who is employed at No. 7, Bowrington travelling from one place to another ou ac- Canal, seid the first defendant left the yard at count of the superahundance of water in the six o'clock last over
evening and returned at
bireets. At first sight it seemned ar
at if the dry 41.39 o'clock with two others. When defendants season had again, arrived, for the thorough- his quarters. The first defendant approached just as they were when water being scarce and returned, complainant was
fares outside
lower lovals were flooded to-day, on the Aitting plainant went into the house to get them the him and asked for a drink of water. The com only to be obtained at a price, the hydrants were allowed burst and afford kaleidoscopic effects for the instruction of the young and the water, when the three followed him insida nad there attacked him from behind, throwing entertainment of the ribald. Jupiter Pluvius complainant on the floor, and beating him has undoubtedly returned with a vengeance..... with sticks. Then the men demanded
And we money
may take it that the cry of a depleted. for drink, but the complainant refused 10- pair | water supply will not be heard again this year. any, and while two of his assailants held While residents have been looking for the him down, the thers went through his pockets, arrival of the hope which has been hanging The unfortunate watchmen shouted for help around the colon for some days, if the and a few Chinamen living in the timber yard reports of the meteorological department are to came to his assistance. The defendants were be trusted, they were scarcely prepared for the' later arrested. Further evidence was called series of cloud-bursts which have broken castifying to the condition of the man when he the city during the past few days. One effect came to the station. He bad finger-nail scrat
of the rain storm has been a gratifying, fall ches on the left side of his neck, his mouth in the thread of the thermometer. Previously was swollen, his left eye discoloured, and his the weather had been been abnormally hot, and clothing badly torn.
panting humanity sought in vain for refreshing His Worship convicted the defendants and Cational puffs of wind which idly
breezes along the Praya, but even the oc- sentenced them to three weeks hard labour tony junks in harbour
With
each.
TRAMGAR 0. RICKSHA,
OCCUPANT OF RICKSHA SERIOUSLY HURT.
25th inst.
An eastward bound tramcar collided with à,
tickslia in Des Voeux Road West, near the Wing Lok Street junction, at half-past six d'clock last evening, and as a result of the col lision Leung Pak Fang, a shopkeeper, of No. 168, Queen's Road West, sustained a broken leg and is now being treated by Dr. Jew Hok, while the ricksha coolie, who disappeared sopa after the accident, and was later arrested, was placed before Mr. F. A. Hazeland, at Police Court this forenoon, charged with reckless driving. From a report made by Constable Murphy, it appeared that the ricksha, passed 25th inst.down Queen Street and entered - Des Voix
Road
West, Raing castward. The tramcar which was travelling behind the ricksha slowed down to turn the curve. The ricksha, which was all the time on the wrong side of the road,, tried to get on the left- hand side, by crossing in front of the approach ing car. The coolie made a dash across the track when suddenly realizing the `dunger he attempted to turn back. In the attempt the vehicle was overturned in the centre of the track and the unfurtunate fare thrown out. The
motorman
The quarterly meeting was held at Happy alley-un the 21st to 23rd inst. The following
returns were made:-
MACEWEN CUP.
Mr. S. Sweeting* ****** 90-15-75" Mr. C. E. H. Beavis Mr. C. Biron...
Lt. C B. Down
Mr. F.W. Warre......
It. H. Wilson, H.N.
79-3-77 85-6-79 87-7-80 92-12-80 95-1580
Surg. L. A. Baiss, R.N... 55-18=80 Mr. T. S. Forrest..
-77+ 48! Mr. W. D. Ktals......
86381 MI. E. V. D. Parr. 90-9-81 Mr. R. Macpherson B-Ez JOHNSTONE CUP. Mr. C. E. H. Beavist...rec: 2 strokes 2 up. Mr. H. S. Sweeting...
all square, Dr G. M. Harston... 11 Mr. E. V. 1. Parr
Mr. W. D. Kraft...
Mr. C. Bitanium B I. C. B. Down ... Mr. 1. H. Gale
Mr. F. W. Warre............ 11 LI. R. M. Crosse.........
"
M
I down
7
+1
2
4
11 3
31 3 +1
It
12
דוי
PODL Mr. D. B. Murray 1.....
88~~~1870 Mr. H. 5. Sweeting... 90-1947 Mr. C. E.-H. Beavis ..... 79-2-77 Mr. C. Biron...... 856-79 Mr. F. W. Warre 92-(2-80 LI. H. Wilson, R.N........ 95-1580 Mr. T. S. Forrest... 77+4=81 Mr. E. V. D. Pare........ 95-981 Mr. J. Clack... 83---1:~82 Winner of MacEwen Cup.
+ Winner of Johnstone Cup. 1 Winner of fool.
The next Club competition will take place or the 4th 10 6th August, for the Captain's Cup,
RUMOURED VICKRĘGAL
CHANGES.
CANTON, VICEROYS TRANSFER PROPOSED. A rumour, which while lacking official con- fituation, for the present, bus every chance of turning out true, has come from l'eking, says the M. C., News. It is to the effect that the Council of State Affairs (Chéngwuch'u), after frequent secret conferences with the Grand Council, is on the point of strongly recommend- ing to the Throne the appointment of H. E. Tuan Fang (one of the Travelling · Commis-
over
scorched the skin as if they had just passed over the Arabian desert. It is "on- fortunate that nature in this part of the world is unable to hit upon a happy medium. It is always experimenting, and never reaching, a solution of the problem; the weather is either too hot or too cold, too wet or too dry. Ona would almost take it to be a Government department, so erratic and unaccountable are.
its ways.
INDIAN CASE settled.
THEY TOOK THE CAKE.
26th inst. The case in which Mr. C. F. Dixon, of the office of Mr. John Hastings, applied, before Mr. H. H. J. Gompertz a few days ago, for the withdrawal of a case in which Churmall Chan- umall, of 3, D'Aguilar Street, summoned the manager of Messrs. Dhupamull Chellaram & Company, of 2, 17'Aguilar Street, for convert- ing a packet, valued at sixpence, which was entrusted to their care for the complainant firm, on 4th May last, and in which his Wer- skip refused to grant the application for with drawal, was called on again, at the Police Court, this afternoon. On this occasion, Mr.. John Hasting prosecuted, and Mr. G. K. Hall- Brution, of Messrs. Brútton and Hett, do-
fended. applied his emergency brake,
inst as the car was so close no effect was pro duced and it came into violent, collision with the ricksha. reducing it to malchwood. The shopkeeper, who was stunned by his beavy fall, still lay on the side of the fines, and when the collision took place he was pushed along the road for a few yards and finally jammed between the ricksha and a trolley post, break. ing his leg. An ambulance was called, but the shopkeeper refused to go to hospital and had to be carried to his bone. The police took charge of what remained of the ricksha. The coolie was fined $15.
ALLEGED BURGLAKY,
A TRIO OF BRICKLAYERS IN TROUBLE.
6th inst..
The occupants-two in number, a Chinese woman and ber amah,-of No. 5, Aberdeen Street, received a visit from robbers al 4.30 o'clock this morning, and had it not been that the mistress was a light sleeper she would have been the loser of $30 worth of clothing According to the story she told the police, she was lying awake in bed at the time when she heard fontsteps outside her cubicle. Seeing a man sciat ing near the door of her cubicle, she watched him and raw him removing her cloth- ing piece by piece and handing it to another person who carried it downstairs. When the thiel had collected about eighteen pieces the woman thought it time to act, and jumping out of bed, refled for the police. This so tightened the intru ers that they bolted, They rushed to the verandah and getting on to a staffolding made their way down to the street. A lukong, who heard the disturbance, saw the men coming, down the scaffolding and when they got below he took them in charge. The clothing was recovered. The three men, who "said they were bricklayers, were taken to the Central Sation; and before Mr. H. H. J. Gom. at the Police Cour to-day, were asked to to a charge of theft. They denied the
sioners) at present substantive Viceroy of thee, and added that on hearing the woman
Min-Chie (Fukien-Cheklang) provinces, to be Viceroy of the Liongkiang (Kiangsu, Kiangsi
Mr. Hastings said that the parcel referred to was one delivered through the Post for hir client. His client was not in the Colony at tha time and the parcel was opened. He and Mr. Brutton would ask that the case be withdrawn. Mr. Bratton said that the complainant was formerly a servant of the defendant firm. Some time during the month of May his clients paid complainant's passage back to India. When complainant was away, a package, addressed тие marcel to bm, was received by the fitme
was found to comtala was opened and it perishable articles, to be precise, the contests were cakes-
His Worship-ad I suppose they ate the cakes?
Mr Brutton-Quite so, your Worship. A sensible idea.
Continuing, Mr. Brutton said that instead of going to India the complainant only went 21 far as Singapore and returned to Hongkong. His clients had written to india for more of the cakes, and they were willing to return com plainant his property. He would ask that the summons he withdrawn,
His Worship said that from what ke was now told, he thought there was a ground for withdrawal. The reason why he refused the application at the last hearing was because Mr. Dixon said, an asking for the withdrawal, that the Indian community of Hongkong did not want the case to go on, and he did not think that sufficient, reason to grant his ap- plication.
Mr. Hastings-I suppose the case will ba struck out now, your Worship?
His Worship Yes.
The summons was then withdrawn.
THE PROPOSED CONSTITUTION FOR CHINA.
A JAPANESE JURIST OUTLINES PEKING GOVERNMENT'S INTENTIONS.
knowledge of the infringement, and so here was the same thing on the part of Bovet. He stood by with a full knowledge of what
It appears from a translation in the. Japan Referring to the Sanam piracy case and the Ullmann was doing. But as the statute of
Mail that the, most definite information yet limitations does not apply the remedy is not necessity for policing the West River, the and Anhai) provinces, in which case the pre-calling out they came into the street to see furnished about'a constitution for China is given lost, and therefore the plaintifs Leuba have Stents cho says:-There is only one craft
by Professor Hattori, who has just returned sent acting Viceroy of those provinces, H. E. what war the matter. They saw a man run out such rights as Bovet would have had, had he that plys absolutely unmolested on the West Chou Fu, will go to Canton to take up the sub- of the house and 'disappear. A lukong, who from Peking, where eis employed as a teacher chosen to exert them within the period limited. River and that is the silk junk. These are stantive Viceroyship of the Two Kwang pro- could not capture the fugitive, returned and in the University. He says that on the return The account must therefore date from the day beautifully, modelled craft and generally mount vinces, vice the acting incumbent H. E. Tsén arrested the trio. The evidence as to the of the Commission headed by Prince Su zn on which Leuba first intimated to Ullmann from seventeen to twenty good brais guns and Ch'up-hsten, who goes to Foochow to fill the past locality was not tlear, and after a witness for office will be opened in taking for the trausta
his agents 10. #T
desist from selling carry a crew of from fifty to a hundred men bi substantive Viceroy of the Min-Che provinces the defence had been examined, his Worship tion of all the principal constitutions in the watches bearing his mark The injunction armed with repeating rifles. They are fast There could not be a happier way to satisfy adjourned the cast in order to view the pre-world, which work will be largely assisted by and account will include the "Pa Wai," for sailers and care for nobody. Of course, China the discontent now rife in the Viceroyalties mises,
the students that have studied in Japan. It is wh what it may be worth. The qider in deliver is supposed to police the West River and she named, the fact being that the present acting
rup;
expected that a year will be required to make he thought, should not include the watches and does 30-after a fashion. Every few miles you Viceroy at Nanking is not considered in man-
the translation. Thereafter the business of other goods ordered from Switzerland, or else ect a Chinese guard-boat, generally some old dasin circles to be a strong enough man for where, during the time Bovel was
tied up in nice little bows of red bunting and while the notorious squables and which would be more dangerous inboard than
disagree ments between Viceroy Tren Ch'un-hsuen and nat il fired. The guard boat seems to have the gentry and merchants at Canton concern. great predilection for anchoring and swinging ing the Canton-Hankow Railway will be more over her beef bones-only her crew don't eat
likely to cease. Finally, it is reported that heel-in some out of the way reach of the river. Yeng Shih-hsiang at present acting where nothing is at all likely to take place, Governor of Shantung province is to be con- Then, too, she keeps a gong beating and an | firmed in his post. At one time there were warus all evil-doers of her prescace, with the some intentions in Peking to transfer his Ex- result that they generally accommodatingly cellency to some other place on account of carry on their little depredations elsewhere certain intrigues against him. and so leave the steepy river guards in peace,
acquired a title in Hongkong, and his Honour or prior to the date of Leuba's first 12 / Junk, armed with antiquated iron guns that are the difficult and onerous duties of that post.
ta
Tound the case very simple-all the conditions the defendoni. Although the injunction would are fulfilled as required by Common Law. The restrain their sale in Hongkong. He would second question is, have those rights been in suggest that the existing stock of watches fringed in Hongkong by defendants? He was against which the injunction would operate unable to conceive of any other motive on the should be shipped to Shanghai, with an under day of Ullmann, in adopting the "Yeenah nik, than that of getting some of the benefiting that nose of them will be sold to dealers in Canton or other plares usually supplied. from Hongkong. Leave was given to either question of costs was reserved. party to apply to vary this order, and the
A NEW HER.
23rd inst.
of its reputation in this Colony. Others regis tered the "I Na" mark in 1882, so that it was clear even then its value was fully established, and the enterprising mind of Ullmano must have recognized the fact. A good deal of the evidence had been called to show |that : when *** Chicaman went into a shop and asked for a "Veenah" watch, he meant to have it, and if they could not supply it he went watchless away-no other would suit bim. His Honour then referred to the correspond epce between the parties, ending with the threat of these proceedings, which threat was not, however, carried into effect for a long time
lime after ment this afternoon the right of erecting and it was made. As regards the "acquiescence" maintaining a permanent Pier over Crown of the plaintiffs in the defendants use of the foreshore, opposite to Queen Victoria Street marks, the law on the subject was that if a (Pier Site No. 1.) was put up for sale by public trade-mark were infringed notoriously, and the auction. by order of His Excellency the Gover owner, knowing, or being in a position to nor, for a term of so years. The upset price know of it, does not, or delays to pursue the was $12,000, the largest dimensions being 200ft. infringers, this will amount to acquiescence in by zo ft. such infringement, which meant that in that There was little competition, and at the foal case the infringers had turned the mark bid of $12,300, which was $300 above the up into common property and everybody who set price, Li Shiu Fan became the purchaser of chose could use it, irrespective of the damage the rights offered for sale. This pier, we un soffered by the original owner. But if the derstand, is to be used as a point of arrival and infringers are not numerous, and the infringe- departure of the launches plying for hire in the ment is not notorious, and the owner delays "In | harbour,
DOUGLAS 5. S CU, LD,
Now that
Mr. Slade said they did not wish to press on if a report is made to the captain of a guard the question of the stock to be given up,
boat he generally finds, like the burlesque policeman, that it is off his beat, or he has
business in the opposite direction pressing Now and again one does meet a steam gunbeat ́or torpedo-boat flying the Chinese flag on the river, but her commander is usually so pourly At the offices of the Public Works Depart-paid that he has no time to waste in lookingly monopolized by the louglas 9.5. Co., but
for pirates and brigands and so increases his earnings by acting as low-boat to passenger junks that may happen to be in a hurry. It thus happens that the policing of the West River is left practically in the hands of the Treaty Powers and of thess France and Eng land take the lead with their shallow draught river gunboats of the Robin and Woodcock type. These little crafts are constantly puffing up and down the river, but four or five boats cannot be everywhere at once in a stretch of river several hundred miles in extent so the pirates, who possess an excellent Intelligence department, keep an eye upon their movements and arrange their attacks so as to take place during the absence of any foreiga ganboat,
|
AND THE FORMOSAN TRADE:
According to an Osaka message to the Asahi, the Tamsui-flongkong line was former since Formosa became japanese territory the Osaka Shosen Kaisha opened a new service and finally monopolized the line. the Formosan tea season has set in exposts from the island have accumulated, to some extent, and taking this opportunity the Douglas Com pany intends to recover its navigation sight and the Company's steamer Haimun bas en- tered Tamsul, Thereupon the Osaka Shosen Kaisha has increased the services of the Kiku gogawa-Mars on the Tamaui: Foochow line and of the Taffimaru and "Talgi-marw on the Tamul-Hongkong line. The Japanese steamship company is preparing to continue competition to the last by increasing the num. ber of these liners,
After his Worship returned from inspecting the premises, he found accused guilty of the charge, and sentenced them to six weeks hard
abour and six hours' stocks each.
CONSUL-GENERAL BRAGG
PENSIONED.
The Bill passed by the Washington Senate on the 18th ult granting a pension of $50 (gold) a month to Gen. Edward S. Bragg, of Wisconsin, was introduced by Senator Spooner at the request of the General, who is in fechle health and without means of support, and who came to Washington, to personally urge his claim upon Congress,
In the convention of 1888 he again came into prominence for another saying, While address- ing the convention, being of feeble voice, he was interrupted by cries of "Louder. Finally, exasperated by the interruptions, he piped out: When Gabriel, blows his trumpet some jackass will call out Louder."
compiling a constitution for China will be un- dertaken, and as the manners and customs of eighteen provinces, forming an empire. with 300 millions of inhabitants, have to be studied and collared; the drafting will probably take some 12 years,
THE "SAINAM" "PIRACY,
STARTLING REVELATION,
Our Canton contemporary, the Daily News, gives the following translation of...an_articla which appears in the Sue Man Pas
the
We had previously reported the piracy of 214. Satnam. We now hear that a pirate Gen. Bragg was the author of the famous named Cheong Fang, who took part in the retort to the criticism of Grover Cleveland piracy, was arrested in Samshui last week. in the national Democratic convention of 1884: | During his trial he made the following "We love Grover Cleveland for the enemies statements. "Several members of the Fatsban he has made."
defective force prere connected with the pinicy of the Sainam. Their names are Lau Sza Foo, chief detective of the Fatstian police force, Leong Nun Tini Yung, Lau Pan, and Kan To all detectives in the Taishan police force." Admiral Li Tsun upon receiving the above information proceeded personally to Fat- shan with a body of soldiers and arrested Gen. Bragg parted company with the De- these four men. The last three men were mocratic party in 1896 and supported McKinley immediately sent to the Head Military Yamen on the money issue. He served as Minister to at Canton by a strong escort of braves to await Mexico under President Cleveland, was Consul- their trial, but Lau Szo Foo is still at large, pn General to Havana under President McKinley representations made by the head officials of and later Consul General 19 Hongkong. He the four principal Yamens of Farshan who give was a delegate to every Democratic national verbal undertaking that chief détective Lau convention from 1872 to and including that of | Sxe Foo, whom they believe was innocent, was 1896.- The Sus (New York),
in no way connected with the piracy.