THE HONGKONG TELEGRAPH
JANUARY 5, 19076
'bave, much in come
(mediavalism" that; la
ad by its squalor
noness :: i, like many repact the Chinese, for lightly, and Tri
ling ika' harddess (of task of conscien
nicials who are called upon to find, bddenly, new methods to meet the instant need of the thing acclaim that the criticism of the Chinese, Government contained in the representations made by the
"TITION FOR WINDING UP.
-In Original Jurisdiction this morning, his Ho the patitis Club, Ld.,
Chief Jantics, the mat
(the for leave to wind up
journed from yesterday, ounsel for the several parties ap Pearing as before re
resumed.,
The Court-room was again crowded with a presentative gathering of the Portuguese
that they
as for the
had the power to raise fans
indemnification of the directors, so that they lo liquidate debts The
might he protected, feedba
to
His Honour; But in the litigation they tried gets costs against the directors personally, an
other
TEN
an order for
Redcar
olders, they, the steamer 2Pardanus
bu raibed take the place of thu'disabled'
to each London for the about this 16th-fhuincy28,9T
of the recent litigation med to be putting the Court which it ought not to be put;
for the Court to pronounce whe
China Association during the year have bean community who followed the proceedings With Mr. Pollock: I thought your Lordship made' ther the concern was a profitable or unpróst
ictated by Asano, view of what constitutes
pose as her friends condoning, B. I may ba
the keanest interest,
On taking bli seat bis 1"'onour the Chief
ndship for China. We have protested Justice, addressing Hon. Mr. Pollock, said that last attempts to repudiate agreements and it might be convenient if he gave him a sug sponsibilities?" I can understand China's anemler recouraging her in the re udiation of eation at starting, befurs lie opened his ad engagements. I cannot understand those whore. Of course, it was subject to anything that Mr. Siade, might have to say, but he did. old-fashioned if so fim glad to bambut I got think that under any circumstances could cannot believe that a Government any more he dismiss the petition, but he was ready to than an individual can prosper in the adjourn the matter for four months, if that was long run by acquiring a reputation for x ccable, as that would give them time to unreliability. China's true friends are those prepare new Articles of Association
examine the books, and, if they desired it, to who "wish to see her keeping faith - with the nations; meriting a gond d name for den pendability; maintaining her credit intacti increasing her panple's wealth by improved communications and by the same nigans uniyet fying Berscaltered strength. The welfare of China lies along these lines, not along routes involving fantastic reform or leading to mili-s tary ambition. This is the view that bas gay.
Hon Mr. Pollock But I have not begun
sammen om te weten my address. Yet, my Laliland 1 Collider it say that I should address your Lordship as I have some facts to mention that have not
been put before your Lordship. His Honour: Yes, of course, you can address
me now,
HON. MR. JOLLOCK'S ADDRESS. Hon. Mr. Pollock; As to Mr. Leiria's.
The order against them personally.
His Honour: No, I did not make that order. Mr. Slade: The application was based on Mr. Pollock: Well, that is of no matter now. the argument that the action of the directors having bens sidra vires they ought to be made pay the costs personally, I merely mention
it for what it is worth, it
abla speculation, on such premises as bad bean pat before the Count; and certainly the peti tioners had not proved that with reasonable care and good management the financial con- diles of the Club should not be most satisfac tory,
His Honour: Sir Henry asked me yesterday to beliers that the bar would pay tenfold, when
had licence,
it
Mr. Pollock: Well, of course, that is of no moment now; it is evident that the directors
Hon, Mr. Pollock: Yes, my Lord, and with were intended to be indemnified in what they ordinary care the Club can eally show the same next point that Mr. Pollock submitted to bisoners have shown nothing against this. They did in good faith do behalf of the Club. The good results as in 1903 and 1904. The peti Lordship was to get out of the difficulty of the themselves are raising all the fuss and trouble, liquor licence. He thought them was a vary and simply because they have done so, and simple way out of that difficulty. There could there are dissensions in the Club is no reason be as at home a trust fund for the bar with a why they should come here and ask that the manager to administer that fund. He then pro-Cigb be wound up. It is unreasonable, as they ceeded to quote authorities in support of the cannot as the Court to wind up a concern contention. This was a simple arrangement. without good and sufficient reasons. Nona' Hi Lordship-That was one of the things have been shown here, and it is unfortunate I suggested in the postponement.
A COMMERCIAL
TO-DAY'S INTELLIGENCE, Buyers: National Banks 840 Hongkong Steamboats $29, China and Manilas Sar, Hong Fires $335 China Fires: 593HR GAME kong Docks $145, Kowloon Wharves $95 Hongkong Lands Sros Humphreys Kaska Siri, Cements $31, Electrics $1ces Saso
Sellers Canton Insurance $297 Dos- Docks Tis. 104, West Points Sto, Hongkong. vinses $37 Shell Transportes0/-, Shanghai
Cottons $13, China Borneo Sto, China Frovi- vidents $92, Kopes Sia, Powells $5. AN Sales: Hongkong Banks $825, China Su
Union Insurance $750, Indo-Chions 385 ar Sra6, Raubs 591 Hongkong Decke S145
Nominal Hongkong: Banks, Lordon, 295 Shanghal, Wharves Tis 242), Hotels Stifl Dairy Farms $16), Tramways Sars. China Light and Powers Sto, A. S. Watsons Stas
Do.
TO-DAY'S EXCHANGE, be Selling London-Bank TT.
demand France-Bank T
Do 4 months' sight ..................
GermanyBank TT..
erned our policy during the past year. This is affidavit, which was filed yesterday morning difficulty might be arranged that that the that Mr. Romano's so-called expulsion should ́America-Bank T.T..
the filth that has inspired our "utterances.
we have not had time to reply, His Whether these have been of the smallest avail reference to the Naval and is a speculative question into which I do not officers practically boycotting the Club Miltary propose to go. Many people will tell you that altogether is not ad. As a matter of fact the the work of the China Association is, in addi-officers of two of the largest Portuguese war tion to belag a weariness to the flesh, niere ships that were in part in 1902 and 1903 vanity and vexation, of spirit. They look for attended the Club-the officers both senior and results. They ask us to shew them some. It junior of the Vasco du game and the Ada is difficult.. It reduces us to silence. We are mastor; and the commander of the gunboat all dumb dogs. We cannot bark,
often-spent his evenings-is-the-Club playing bridge. I don't know that this will have any it is well to mention the point in reference to Mr. Leirin's affidavit. Mr. Follock then ro ferred to Mr. A. M. Rosa Pereira's affidavit which was an important one add which had not been read by Mr. Slado yesterday. Con- tinuing, Mr. Pollock said: 1 wish to point out that of the 28 clients of my learned friend (Mr. Slade)_only_tch are members of the Club. that is an important point that I think your Lordship will take into consideration. In other third of my friend's clients are members of the Club and uninterested in the continuance of the Club, I think that is an important one and one which, I have no doubt, your Lordship will note.
Way,
have bean raked up, when it is a matter of ancient history, and for all these reasons cost woukt Aik that the petition be dismissed with
Mr. Pollock then resumed the argument on to sell lotoxicating liquors for consumption the lines of the right and authority of the Club both on and off the premises, and after quoting Hon. Mr. Pollock concluded bis able address, authorities at considerable length learned which was of one hour and three-quarters Counsel held that the Club had those rights.doration at 13.45 pm.
· India T.T.;
Dór by demand.... Shanghai Bank T.T.
api-Bank T.T Singapore TT,
ava-Bank T.T.....
་་་་་་་
6 months' sight L/C...........
months' sight LIC
2/3.5/16
prem
30 days' sight San Francisco' & New York..(6) 4 months' sight
was "just and equitable that the Company judgment,
He then touched upon the point whether it His Lordship then forthwith delivered hit should be wound up. It had been decided that when the substratum of a business. or
THE JUDGMENT. company was gons all they had to do was to tion filed by certain shareholders for an order months' sight. France
His Honour sald that this matter, was a peti- | 30 days' aight Sydney and Malbourne”
became impossible to carry on the business instituted were set forth in the Memorandum Bar Silve of the Company: Counsel held that there was nothing to show how the substratum had Rone In the
Ld. The objects for which the Club had been | 4 months' sight Germapy of Association, and were for the social enjoy Bank of England rate. menti recreation and entertainment of the Sovereign....
2.391 ...323
case of the Club. The members of the Portuguese community in this page Hickling has just issued, in
Colony, Allegations have been" mads that was absolutely no proof that a winding there are disputes between the different bodies Up was desirable in order to suggest of members, and I know there are It is also a schema of arrangement. Even if there faid that the profits of the Club have diminish were any evidence in support of such winded partly owing to those disputes, and unfor that in the petition. A winding-up order was infringed. I think if all these matters in differ ing up there was nothing in support of discovered that the liquor licence law had bren tunately, when the dissensions arose it was
|
Rev., G, /
pamphlet form, the text of a series of sermons which he devoted in the autumn of last year to criticism of what is known as Christina There are ten chapters and the Science, author freely acknowledges bis indebtedness to others who have travamed the same path...
In this dilemma I sometimes think of a fair scene and of a for other form of stripe. I once actual bearing to i fluence your Lordship, but ↑ wied up. Probably also is the case when : Jo enable them to wind up the- Club Lusitano," 6 months' sight now 2000 spont every interesting morning watching some Japanuse ärtillery bombarding the east wall of the Tartar City of Peking, I remember thinking that the busy gunners did not seem to be doing much good. Their shells were flying high over the battlements from whose embrasures balf-naked defenders bad Intely been successfully.: preventing the efforts of storming parties of infantry to blow up the grant gate which towered in front. The fring seemed too high. It did not seem to get down to the business of the attack. They strock the watch tower occasionally and sent clouds of brick dust flying but mosify thếy sgitá] words, my Lord, roughly speaking, only one, to be refused if there was no suffi clap! evidence enco continna 10 exis', there is no doubt that ed over towards the Forbidden City and burst ie little ringe like a cigarette amoke maken, It All seemed rather ineffective. But afterwards when we got inand wandered about the place and saw where the shells had been creating havoc and realised what the Coalings of the still-necked Palace' officials must have been when the rain of shrapnel came down it became probable that the influence of the artillery fire, was perhaps siter all not inconsiderable in hastening the movements of the Court. In the #EM® which perchance our way
activiller sometimes seem so fruitless may in some ua- soon way do a l
fittle good.
This is the faith--the blind faith-by which the work is carried on. Braced by it I have the temerity to invite you to vote for the
''
to support a winding-up.
dissensions were more scate than they are,
Hi Lordship-Supposing that the internal don't know that it is not just and equitable" to wind up.
....
His Lordship: You say there are 41 share. holders who stand by.
Hon. Mr. Pollock-There is nothing too Hon. Mr. Pollock: There are 41. Continu-acute so long as the members act in the best
interests of the Clob.j
ing to read from Mr Bean ember's Comps pointed out that of the 37 members he repre- feated there are no less than sy members of the Club, as well as shareholders in the Company.
Mr. Stads: I my learned friend will all me to interrupt for a moment, I would like to
in time the Clih will come to an end.” There
Mr. Roman or what has been said of has been dearage amongst the members.
bis relation to the Club, he arrange ||will not refür... here to the dispute about;
«ment: juggested by Mfr.: Pollock for the fettlement of the debt referred to is very Aby reasonable, I don't want to express legal opinion; however, on the matter, as that
Today's Advertisements.
IN THE SUPREME COURT OF
·HONGKONG,
adoption of the report, which has been in your say here that I am instructed by the director social enjoyment. As a matter of fact, the Clan which to see whether the bar is-paying or not, Ordinance 1897, made an Order limiting to the
hands for some days, and to pass the ac ounis,
This now formally move. Mr. Batlock seconded the adoption of the motion, remarking that while he fully appre ciated the chairman's able address, be thought some reference might have been made to the currency and opium questions and the Kaw- loon-Canton railway scheme..
13 he report was unanimonsly adopted. Mr. Pollock moved, and Mr. Cochrane seconde, the re-election of the committes en blọc, which was agreed to,
A REMINISCENCE OF THE TYPHOON.
LORD ELGIN'S APPRECIATION OF LOCAL, 'EFFORTS.
abd Whether it
the legal advisers of the directors to do. Mohich to get over the liquor difficulty, frabink the petition base substratum of right. As I suggested at first there should: be an adjournment, when some of these
ificulties and differences may be there should be, say, two months allowed t Fat over.
rich amination of the becks. I hope it
will be necessary to call for ill not bag as if the bar is found not to be paid it will be necessary to call for the books. The further hearing of the petition in adjourned for four months. I can only say that I hope all these disputer and differences may be seuled, as such, a settlement cannot but be to the advantage and benefit of the Portuguese community:
CANTON DAY BY DAY..
[From Our Own Correspondent.]
IN, THE”MÄTTER OF THR: "ESTÄTE "OF CHARLES 'WADDINGTON,
LATROP VICTORIA, HONGKONG).. TRAVELLER, Deceased, NOTICE is hereby given that the Court has, IN by Virtus of Section 58 of the Probates
against the above Estate, 31st day of January, 1907, for sending in Claims All Creditons are bereby required to send their Claims to the Undersigned before the said date,
Dated this and day of January, 1907.
ARATHOON SETH,
Official Administrator. WANTED:
84]
A
TEMPORARY CLERK, Non-Chinese,
Good at Figures
Apply
SECRETARY,
DAIRY FARM CO., LTD. Hongkong, sth January, 1997,
FOUND.
LADY'S Sílvar-mounted
[87
Headquarter Offices.
185
· Hongkong, 5th January; 1907: HNA EASTERN AND AUSTRALIAN STEAM: SPIP COMPANY, LIMITED:
FOR SYDNEY AND MELBOURNE,;
(Calling at Timor, Port Darwin and Queensland Ports, and taking throngls Cargo to
*Adelaide, New Zealand, Tasmania, &c.) THE Steamship
His Lordship-On of the original objects of the Clubs the provision of social enjoyment When it has ceased to afford social enforment the object of the Club has cessed to exist,
Bon. Mr. Pollock will point out that only ten shareholders consed to derive that through their solicitors, to state that they are fulfilling its objects as stated by Mr. Peraira of opinion that a winding up order should be made but they neither supported per opposed in his affidavit, which says: "I verlly believe this application, leaving it entirely in the bands from Inguirles made by me among the general of the Count. Therefore the statement that body of the members of the Portuguese com had been made that 41 members were neu,
munity in this Colony, that a large majority of such community desire that the said Company Mr. Follock, K.C, upted that the member-iral was subject to this modification. ship of the branch was 'very small being only Bon. Mr.ollock: There is a way out of should continue, inasmuch as the said Club 66, or about & per cent, of the British adult the present pecuniary difficulties. I wish to performs important social functions in this Co population in the Colony,
The Chairman explained in answer to Mr.
bring an important point to your Lordship's lony, such as giving balls and concerts and theatrical entertainments to the Portuguesa Ballock that the members of the Committee police. This Company and any Company- were not worrimens on the currency question. whether commercial or otherwise has power community of this Colony sod Macao, and is With regard to opium, he did not think the to sell or charge its properly, or any part of also affiliated with the "Gremio Militar * 1,6., time had arrived to deal with that subject and such property, in order to save it from execution, the Portuguese Army and Navy Clubin Macau.?
--Canton, -3rd January, on the subject of the Kowloon-Canton railway Continuing. Mrollock argued that all com
His Lardship—That is a matter of evidence. Two boycott meetings were arranged to take the report brought that matter fairly well before panies had the power to sell or charge its pro.
Hon, Mr. Pollock-Mr. Leiria naturally es- but on the afternoon of the 1st instant H. E. the place on the and and 5th instant, respectively, the public and he trusted play the game.
perly for the purpose of raising money to pay
pouses the cause of his uscis. Mr. Leiria's Viceroy sent a deputy to the Canton Boycott its debts, when it was hecessary to save it second affidavit is important. He said that Association, with orders to prohibit ibere meet- AAAY and White war. White Fatred from being seized in execution, and then he since 1952 there bai heap trouble, An ings and on the same date the Association in the Cloak Room after the Scottish MasoDic proceeded to quote authorities in support event of 190a is rather old and has now received despatches from the Kwongchow. Association dance: Owner may have same on
Prefect and the Magistrates and of his argument. It was a very common- been brought up for your Lordship's de- Pam to the same effect. Nevertheless, the application to the Secretary... BLAKE, sense proposition. : Instead of waiting for the cision. They have very little-very scanty Brst of these meetings was held on the sp- bailiffs to come in and seize the property, it-locus standi in, the Club. As regards pointed day and there were present over four was: more reasonable to raise the money on the petition for winding up, e continued, it hundred persons, less than a half of those the property and so save the exécution in case was pot competent for his learned friend to attending the eeting of the 29th ult. The Viceroy in his proclamationistated that the of a judgment against the Company. Learned come to the Court and, addressing his Lordship Chinese Inclusion Act has been satisfactorily Counsel continued to quote, at some consider as a juryman, say that there were so many dis-modified almondy, so the Association conjectur abla length, further authorities bearing opan pules that the Club ought to be wound up, ed that the teletas received from the Chinese the point, all of which were recent cases, What and then ask for an order of the Court in Oakland might be misleading. The Asse
ciation passed a resolution proposing to send a was the use of the Company standing by while to permit it. The petitioners have not petition to the Vicerov, requesting H.E. to the property, furniture, etc. of the Club was
made apy case. They cannot bring forward point opt to the public, the modifications of sold up to pay their debis, when it could be any authority in support of their application this Exclusion Act, if he is aware of any. At prevented by the Company charging its pro. Why should ten members out of 147-I take the meeting pimportant discussion was raised perty.
the figures of the other side-came forward and up itupun dik esclations passed except the and wish the Club wound up? There had proposal to cable to the Chinees Boycott Asso
ciption in Oakland, asking for more substantial been some falling off in the number of mem-informations regarding the present state of Mr. Pollock: I will establish my facts as hers recently; but, argued, Mr. Pollock, the I proceed, my Lord, and I will show from the might be due to the recent trouble. Fo, affidavits that a resolution was passed at a three years previously the numbers remained meeting of the shareholders to raife money practically stationary in spite of the raining to pay off the debt. But no meeting war of the optrance fees and subscriptions. To necessary, the Directors, by article og of the allow ton members to enforce their views Articles of Association, bad power conferred on upon the majority would be unreasonable, them to do all things for the benefit of the He alluded to the fact that since the unfore Club, and the construction of this article watunate typhoon of 18th September a concert that directors were enabled to charge the pre had been given at the Club in aid of the perly for the benefit of the Club. That meant Typhoon, Relief Fund and realised several that the directors might do what a meeting of hundred dollars. The concert served a very 5.1.674 the Company could do. The directors have useful purpose and went to show that there was the power under the article to borrow, and the considerable activity in the Club, Court, on a, charge of fighting in the public authorities quoted substantiated that point, for Mr. Slade hete ssid he wished to refer compete this year, on account of the fact that 2 street, at Wanchai yesterday. The hawker, it boy laid down that the powers conferred on to the latent fact introduced by his learn they were treated unfairly in the sports bald to get a bucketful of water. At the tap he met important pelat is that a company cannot be Fund, showing Mr. Romano had appears, went to a streel tap yesterday morning the directors included the power to borrow. And friend and remarked that, as regards last year, vindue) po
the concert given for the Typhoon the second defendant who was then filling one considered Insolvent if it possesses legal means "of her Jar Without any apology: the hawker
brushed the woman, aside, upsetting and of liquidating its debts, and it is within the no feelings against the Club, he cons smashing Jay, and started to fill his bucket, power of the directors to do all things that do not ributed $100 to the Fund, and Induced The insulted. "Woman stopped aside and pick- contravens the Articles of Association, Hore them to contribute amongst those who ing up her bamboo pole brought it down with some violence on the hawker's head. Then, no question of insolvency, for they have legat were non-members as well as member. That according to the hawker Alguself, she dusted means of getting money to liquidate their debts showed that there was no hostility on the part the street with him. After she had got ber Mr. Pollock next quoted a'case as to the rest of of Mr. Romano, Practically all members of
The following despatch, addressed to His Excellency Sir Matthew Nathan, is published in the Garitis by order of the Oficer Ad-
Downing Street,
ministering the Government:
joth November, 1955, Sir,~1 have the honour to acknowledge the receipt of your despaiches, No. 238 of October 4th and No: 263 of October 22nd, in which you report the effects of the Typhoon which pained over the Colony on September 18th.'
I have already expressed the deep regret with which His Majesty's Government have received the intelligence of the loss of life and damage to property caused by this catastrophe. ..:34 Is Bols, with grest appreciation the tes- timony which you bear, to the conduct. of Government officers and other members of the
community in connection with the Typhoon and I have to convoy to you my cordial ap- proval of the measures which you have takes
--1 havo, etc...
Govarade Sir M. Nathan, K.C M.0,
&c.&
ELGIN,
A CIGARETTE hawker and a cross-eyed Chi- nowe woman figured in the dock before Mr. G. A. D. Melbourne, this morning, at the Police
His lanour: But they don't seem to have come to that point.
ROBINSON PIANO
COLD
TALKING
MACHINES
RECORDS.
New Stock just arrived
LARGE AND VARIED
ASSORTMENT
MUSIC
Comic Opera Scores
and Dance Music.
RECEIVED BY EVERY MAIL.
Hongkong, 29th November, 1906,
THE FAMOUS
AMSTEL PASTEURIZED
PILSENER BEER.
THE BEER OF THE DAY.
ESPECIALLY BREWED AND PAS
·TEURIZED FOR TROPICAL
CLIMATES.
TO an atom of preservative used. The
"EMPIRE". Captain Helms will be despatched forthe above Pont, on SATURDAY, the 26th instant, at NoonA TRAI
This well-known Steamer is specially filled N affairs is connection with Chinese exclusion for Passengers, and has a Refrigerating Cham and to petition the Viceroy as stated aboveber, which ensures the supply of Fresh Provi-lightest, most wholesome and delicions Beer from Shanghating that HE Viceroy This Steamer is installed throughout with ever put on the market.
A. latter has been received by the authoritiessions, Ice, etc., throughout the voyage. Sham, the Viroy designate of Yunnan and the Electric Light
weiche Provinces, is still in Shanghai HeA Bewardess and a duly qua tendered ip his resignation to the Throne, but are carried.
qualified
Surgeon
and ordered tam to proceed to his new post as passengers the steamers of the Company have the Thiene rassed to accept his resignation.To assure the additional comfort of soon as possible. It is expected that he will electric fans fitted in staterooms. leave Shanghai for Yonban in the early part of the next second moon, sports
To-morrow, the school
Connection
with the school and colleges of Canton will [tukui placa, in thn. Eastern Farado Ground.. The chief items of sport consist of foot races and other such like foals,"": The students of the Government") estáblished schools refused to
SHIPPING AND MAILS
POPULOMAILI DUKUNG. American (Siberia) zih inst. French (Octanem) 7th inst. Australian (Tatywan) "detli Inst. German (Manila) 15th or 16th fast,
For Fraight'or Passage, apply to MML A MAGIBB, LIVINGSTON & Co
Hongkong, gik January, 1904.
You will reject all others when
once you have used it,
- PUT UP WITH CROWN STOPPERS
1864 Dozen quarts or 6 Doren pints
Per Dozen quarts.
STEAM TO CANTON," THE New Twin Screw Steel Steamer "KWONG TUNG "...1,138...H. W. WALKER. Leaves Hongkong for Canton on osch Sun- day, Tuesday and Thursday, at g every evening. Leaves Canton for Hongkong on each Mon- day, Wednesday and Friday, about 5.30 o'clock every evaning
C
| This Fine New Steamer has unexcelled Accommodation for First Class Passengers and. is it throughout by Electricity, Electric Fans In First Class Cabins,
The Mogul Line face suited from Page Fare-Bangla journey.$3
here on toth
satisfaction out of him, she turned her ́ation- |· insolvency and read his authority. He referred the Portuguese community contributed to the singapore on 3rd, inst, and, may be expected | Mealsuo chappal tion to he stall. When she was finished with to the petitioners' statement as to the expenses Fund.
is this street was littered with cigareter, The of the Company having for some time exceeded
bawker want to protect his, éfall bat another.
crack of the cranium with the pole soon show led him last business was meant. A police
men came on the scene and took the pair to iny had to pay $x anche
-Hop, Mz Pollock-
its income. Then were go figures to support | why
that walement) and they were very much
the dark what the income and expendit
"standa" to "common"? seam that
son The NË
acted and left Bings
piste...
A Discount OF XOX WILL
f(Servant Lexcluded).
SOLK AGENTS
Link
The Company's. Wh Lasitusted, in from of the New Western Market, opposita Harbour Offices,
H. PRICE
WINE AND SPIRE)
Page 5Page 6