BRAL IN FLOUR.
APPEAL DISMISSED: WITH CONTE.
THE HONGKONG TELEGRAPH SATURDAY FEBRUARY 15
THE GYMKHANA GLUB.
NEXT MEETING IN APRIEM
BOARD
TWO WORKMEN KILLED,
A somewhat serious explosion, attended by the loss of lives, occurred in Finn hom: Bab last Sunday forenoon.
Two of the Dock Company's emploross to share is part of age and Chan Chues, a lad ef filteto, ware killed out right, while another man, whose Dame could not be ascertained, was so seriously injured that the chances of his recovery are considered
Hi Honour Sir Francis Piggott (Chief What's to be done to encourage larger enttise "Justice) give his reservad decision at theat future gymkhana meetings?, This was the Supreme Court, on the roth Inst; in the appeal object which engaged the attention of members Call Kingsbek (Knong Yik Wo), ss parts of the Hongkong Gymkhana Club, at their Pang Sui Fong creditor-which arose over a meeting on the afternoon of the 7th inst. And dipate in flour, particulars of which we printed a very impuriant subject, 100, when the poor fields that were brought out at last season's in a previous issue.dings, st
mastings are recalled. Several suggestions were advanced, but nothing definite was agreed upon until the new committee: entered officeThe scene of the when all feasible auggestions will receive th allantion.
The Hon. Mr. H.E. Pollock, K.C, represented the Official Receiver, Mr. M. W. Slade acted for, the respondent.
Ia delivering judgment, his Honour said: Another claimant, Ng, Sau Chi, to this flour which was the subject of such protracted argue ment fast March, in the case of the Kwong Yik Wo fraud has appeared upon the scene. kaid, page 93 of the Report, that the creditors
of Kwong Yik Wo, who was represented by the Official > Receiver, would not be bound
by the estopper. which was contended,
-havo
on the authority of Woodley v. Coventry, Would
sve operated against the bankrupt; an imaginary interpretation of that are we Strochous. What I said was obiter, because it was not absolutely necessary to the determina
tion of the question then before us, nor was it fully argued, and therefore it is still open. This claimant sets up his documents of pledge and Warehousing, and ways that he is a secured cre- ditor and entitled to be admitted as such in the bankruptcy, and that this opinion of mine needs revision, as it stands in the way of bis daim. The other, claimants' have proved as unsecured creditors. It seems to me, even
after listening to further argument, ad exceed ingly difficult question whelber the trustes would be bound by such an estopper as the one
ch would have existed in this cara uppos Woodley Coventry applied. I am not
their.
ATIONS.
WORK
8th lost,
EN CAST IRS Robert Cholmondeley......Inspector of Police
"Interpreter: Hin Kee Fal
In view of the numerous false reports of highway robberies which have lately be made to the police by persons withing to hide their misdeeds, potting the unfortunate police map to so and of truble in attempting to lo cate the robbers," the following interesting dialogue which has reached us from Contri Woodenbutor, signing himself "Long Un," is to the poidy, and shows clearly to what trouble a the oil tank steamer- Nerito which an: | certain class of Chinese will go in order to save
A orfboard Mr. H. P. White's (the chairman) report on chored in the bay at the time, alongside the their own skin. last season's dologs was of a very satisfactory steamer Shantung. The Nerife, it was axe anture thanks to the energetic secretary, Mr. plained, bad just arrived in the bay from Reginald Master, who exerted himself in no Aberdeen Docks for completion of her little way to bring the meeting to a success, repairs xplosion occupation
The accounts need no comment.. The balance at the Club's credit, after donating $poo to the Jockey Club, as previously agreed upon, stood at $1,315.56 as against $884.63 for 1906. The actual working expenies were alightly less than in 1906, while, on the other hand subscriptions showed a small increase, the amount paid as entrance fees showing a slight falling off There was an incronse in the amount received from sales of tickets of admission and pro- grammes showed that the meetings still fully maininined their popularity.
Hon, Dr. Atkinson seconded the adoption of the report and accounts, which was carried.
The next business was the re-election of Committer for the coming year, and the follow ing gentlemen were appointed Mr. H. P. White (chairman), tos. Mr. F. H. May, Capt. Thomson, Mr. G. K. Hall Brutten, C. H. Ross, J. A. Jupp and T. S. Forrest.
The explosion" occurred at about, elevan You o'clock, at a time, when, luckily for themselves, most of the labouren were away.
Without the slightest, warning a terrific. bang was heard coming in the direction of the forehold, which shook the ship from stem to stem, followed by a dense cloud of smoke and fisme which shot up several feet high from the wenn deck. Much of the frame work at this part of the ship was damaged, and no little excliemont followed the explosion, pitan
the 'tween
Wong lasti
...d Waster! Wong Man.............................. His Uncle Chan Tas Wong & Tale Carrier Scene Police Station. Time-Friday, midnight.
Enters Chinaman (looking very ruffled
Two men, who were working near the deck at the time, gave a graphic story of the Incident. The report of the explosion," they said, “was loud, indeed, and it shook the ship from end to end. We did not know what bad happened and could not make immediate in-story in any vestigation, for a second after the explosion 5re broke out and a cloud of smoke and flame shot up from the bold. It was impossible to get near the bold at the time for fear of suffoca tion."
the hold—the seat of the explosion-were
CANTON
LARGE" INCREASE IN RECEIPTS, [From Our Own Correspondent]
Canton, 7th February, 1908. The following is a retum of the number of
Kongtsung section of the Canton Hankow Passenger who have travelled on the Wongsha Railway during the last Chinese half year ingellier with the amount of fares, collected
her with tra
** Passengers carried a persona) Amount collected $usty-zg
yil moon | hmvon
Silmoon't ANG
$3,093
soth moon
50946
66,301.
rath moon!
Total 399,847
SHANGHAI FO.
BRIES.
AN INTERESTING JUDGMENT.
As recent events have attracted attention, to the fact that the question is not new to Shadz. the subject of lotteries, it is of interest to recall: hats In June 1895 the Municipal Counci brought an action against the Gold Bond Invasimaat Company for conducting a lottery, In the Settlement and asked for an order of the United States Consular Court to cestrala: the Company. Mr. T H. Jernigan, then Consul General of the United States, delivered the Fish | following judgment - a UAV
"The allegations necessary to bring this 400.14 action against the defendants within the Juris yutdiction of the Court are set font in the polition pl the plaintiff and as udmitted by the defend- 1,595.00 $47,614.90
THE LISBON, TRAGEDY.A SHANGHAI JOURNAL'S COMMENTS
anta,
The plaintiffs allege that the defendants are conducting a lottery within the foreign solin- ment of Shanghai to the." detriment of good' morals and to the damage and common muisance of the public, and ask that the defendnot be restrained, cost The defendanta
that
do not [they] ,Answer wish, nor has it ever been their intention, to Chgage in or conduct any business contrary to the moral sentiment of the forgigi, population of Shanghai; but a lottery tickets were being sold publicly on the foreign Settlement.ibay word not aware that they were violating the Regulations of the Seulement when they
Bond Invest offered the tickels of ment Company for NANOAA A 2 (S
At this point the question of encouraging larger entries crapped up. Mr. White observed
10 bg- that he would like to hear anything, members prépared to say that that opipaion is wrong wished to say about the forthcoming meeting two of the-Dock Company's employeeLa.guage, and looks around the room evidently Cass in the case that I stated with regard to He could sately state that it would be on linës. Shu and Chan Chuen and another, whose name, somebody: There is no one naar at band, political and not the work of anarchiste For question whether a "law of the." United: 'Stàrum ·
the application, it is unnecessary for me' to do soft has been necessary, however, to go over that part of my judgment which deals with the question of stopper, and I find one paragraph on another page (page 50) which did not at all satisfy me. It is that paragraph in which I applied the decision in Woodley Coventry to the facts in the present
could not be obtained and they were attend ing to the tasks. Lo Shu and Chan Choon were, apparently, killed instantly. The up known mad was blown through the batch and fell back into the hold again, breaking his leg in the drop-some thirty feet. He was remov
pretty much the same as in past years. Who ther the Challenge Cap would in the future take the same form was a matter for considera tion. There was a proposal that a cup, or a sum in cash, should go to the winning pony at each meeting. That would give more interest to the Challenge Cup than was the presented to hospital, where the leg was amputated cain, and bring in more entrance fees. He thought the details could be left to the com- mittee,
Mr. W. G. Clarke thought that something should be done to encourage entrance fees.
Mr. G. C. C. Master was of opinion that such an idea would encourage larger cotries. As regards the Challenge Cup the prize should be $89 to be won outright, That would give better fields, and would be more satisfactory. At present a man might win twice, and just miss winning a third time and get nothing.
later.
Inspector mutters something in an under- tope, which "sounds" like uoparliamentary
Ewith the latention-of-cxerting-his-feelings-on-
so he, accidentally, steps on " Dick's the station cat's paw.
Exit "Dick" hurriedly. Then
Interpreter,
11.
one gulp, and turns to the
Inspector-What's it, now? Interpreter (smartly)-Robbery, sir-high, way robbery,
fospector know that, you idiot, Didn't bis cabin was swept clean off his feet, while you say that already? I want the facts (pick others, who were in their bunks, were rudelying up a pen and sucking the point, at the same awakened.
time opening the Occurrence Book),
At the moment of the crash, we ara given to understand, one of the officers while entering
After the excitement had subsided one of the ship's officers, soon smoke had cleared, entered the hold and hold and got the injured man to the deck by means of rope, while the doctor of H.M.S. Robin, who had arrived on board by this time, attended to the unfortunate man. Themu. The Chairman agreed with Mr. Master's tilated bodies of the other two victims were rais suggestion. The malter was left to the ined to the deck and removed to the mortuary. They were found in one corner with their coming committee.
A vote of thanks win accorded to Mr. Regi-scalps almost torn off and with almost every nald Blaster for his successful efforts as secratch of clothing scorched away. lary and he was invited to fill that office again The fire-float put in an appearance, but there this year, which was accepted. Mr. C. H.was no need of her services. Diaton was also thanked for auditing the
After which it was decided to hold the first meeting on April 4th, the second on May 16th, and the third towards the end of June, and the meeting concluded.
PLAGUE PREVENTION
"IN"OSAKA:
WHOLESALE DEstruction of RATS.
The cause of the explosion was due to the fact that one of the workmen entered one of the uncleansed tanks with a naked light to attend in one of the pipes, igniting the accumulated gases in the hold,
The damage done to the ship le estimated 'at $500,
SMALL-POX. EPIDEMIC IN JAPAN,
As a matter of fact that decision bar no application to these facte at all, and I must say that on farther consideration: I am rather at a loss to understand why I allowed that passage to stand because the effect of it is clearly an mihilated by a subsequent passage on page 95, had, however, no effect on the question which was really arrived at before the question of 'estopper was discussed, and was not al- tered by the result of that discussion. The estopper in Woodley Coventry was against the unpaid vendor, and in favour of the third party. The passage in my judgment which I im now criticising followed too much the line of argument which had been based on Woodley Coventry, that the purchaser was estopped on account of something which the servant of his agent, the warehouse man, had said. The estopper had nothing to do with the fact that Coventry was also warehousing the goods be-Club's accounts.. bad sold, but the plaintiff raised the fact that he WAS AT unpaid vendor, There is no unpaid vendor in this case, and this is pointed out in my Indgment, the passage beginning "here the person against whom the estopper is sought is not the vendor," The dificulty of applying Woodley Coventry to this case arises from the fact that the question of ascor fainment: was not goon into though it un-
LATEST OFFICIAL RETURNS. AS doubtedly forms part of the decision, but as regards Woodley there was no such question
Official returns show that up to the 5th utt. as between Clark, the purchaser, and Coventry
there has been no fewer than 3,344 cares of the vendor, there had been no ascertainment,
small-pox in Kobe since the outbreak of the but owing to what took place between Coven
epidemic about. November last. Of this aum- try's agent and Woodley, Coventry was estopsidered by Japanese authorities to be the most have recovered, while at the time that the report The destruction of rats and mice is now couber 1,182 cases bave proved fatal, and 1,004 ped as against Woodiny from setting up this effective measure for the prevention of plague, was compiled there were: 1,138 patients under fact, the result of which would have been to
sad the authorities of Osaks are concentrating treatment. bave the property in him as unpaid vendor.
their energies upon the destruction of there The facts in this case are far more simple, vermin. Twenty-six rat-catching parties, each They relate mdrely to something which passed consisting of to men, commenced operations on is the Hop Yik gedown when the flour was the 7th ultimo under the direction of the various looked at by the intending, lender, and it is police-stations in the city. Up to the 20th in- said that Kwong Yi Wo is estopped by what stant these men had succeeded in destroying took place, so he probably is within the limits 9,338 rats and mice, in addition to 4,844 animals of that estopper. If the Kwang Yik Wo had caught in rat-traps distributed among the houses. borrowed money on bags of flour, and the in-
During the period quoted, 3,247,843: balls .teading lender was shown a pile of bags which
of arsenic paste were distributed among 86,841 the borrower or his agent said corresponded houses. Presuming that three balls out of with his description, then in any possible pro every too were eaten, the number of rats killed caadings in which the question was material
by poisoning would be 97,436, so that the total the borrower would be estopped from deny.
number of vermin- destroyed in a fortnight is ing that the bags in fact did not correspond estimated at 111,508.; (The old "8" is very with his description whether as to weight, characteristic of such Japanese calculations.) quality or description. In the case
of top-of
The rat-catchers have now settled down to the claimants Kwang Yik Wo was himself pre- their work in earnest, and the number of vermin sent, so that bore there would be, if the facts
caught dally-either by these men or in traps- feed an estopper in its simplest form. But about 3,000, Arsenic paste balls are now dis really it would have been hardly worth white to tributed daily to the number of 300,000 and by discuss the case from the point of view of a
this means it is estimated that at least 9,000 rats stopper, for there being several claimants who
will be killed, in addition to these, about have leat money, to all of whom apparently the same story has told. I suppose if a question 2,300 rats and mics are brought in to the police by the public for purchase daily, and of priority arose there would be priority about 1,000 more are caught during the clean. estopper just as there might have beening of houses. Thus the total number of rats. priority among the lenders, all of which, and mice destroyed daily in the city of Osaka However, vanish in the distribution lo bank in believed to be about 17,850. But the au ruptcy, as the result of my decision, is that thorities are not content with this; they have they are not secured creditors but the estopper decided to destroy 20,000 a day, or 600,000 a is, required for quite another purpose. It is not a simple case of estopper at all, but an
The Omaka-in Government has issued an It is to cure a exceedingly complicated one,
order instructing, restaurants, rice-dealers and defect in the claimant's title, to make a lender athers to whose premises rats are likely to be the possessor of a document which may be attracted, to keep not less than five rat-traps in treated as a security and this is to be tested by each house. The houses which are affected by just the same methods as if it were a document this regulation; number about 13,000, and it is of title proving him to be the actual purchaser hoped that the result of this order will be to of the goods.metadat
This defect in the absence of ascertainment; largely add to the total number of vermin
month.
destroyed,
SERIOUS FIRE IN KOBE.
Į FOREIGN HOUSE DESTROYED,
The number of smallpox cases recorded during the past week is very large. On Satur. day 136 fresh cases were reported whileɣon Sanday there were 135 new cases. The fucius tion in the number of cases of small-pox re potted in Kobe of late will be seen from the following official seturas:-
Janurry 20
31
Now Cases, 128
167
21 decemberontváramenn. 155-
23
zinúanini 195 ·
136.
the
their efforts to stamp out the disease, and it is The Authorities are still actively engaged in to be Hoped they will not relax them; for it is evident that the scourge bas got a fairly firm dry weather has materially assisted the hold, especially in the poorer districts. The authorities in their disinfecting opera- past few days ba the piece of waste ground adjoining the tions, and during the
Fukiai district, on the outskirts town, the men, dressed in their white overalli, have been busily disinfecting with sulphur hundreds of bundles of futons and other personal effects and apparently burning some small-pox patients. In this part of Kobe, toog of the bedding, &c, taken from the bouses of
we understand a vigorous campaign has been carried on of late against rate, large numbers of the rodents being caught and destroyed -- Japan Chronicle
ROADS IN HILL DISTRICT.
CHANGE OF NAMES. .
It is notified in the Gazette that the follow ing alterations in the names, of roads in the Hill District were to fake effect from Feb. zzb,
Existing Name,yong “Now Namaegers (According to "Chapman's
Stroot Index
That portion of ation Road between its junction with Chamber-
Plunkett's Road.
the absence of severance of the bags of flour ́on which the advance, was made from the bulk. of four in the godowns. In this respect I must “pot the new claimanta'os on a „level with the. mid ones that is to say, that they were shown the bulk, and; that they also, seeing in gedat: "quantity of flour, were satisfied that there was enough to cover their intended advance. It is here that so much play was made with Woodley The Japan Chronicle of 26th ult, reports-lain Road near the en because the estopper in that case A fre broke out last evening at a little before trance to the Peak Hos Totally to do with the facts that the goods oclock at the residence of Mr. W. J. Schrob, pital and its junction with were not ascertained By Coventry, and it is Yamamoto dori, chome, the house being Mount Gough Road at here that the argument became, as appears almost completely gutted in a little over an
the Peak Clakar Mount from what I have already said, so luck. The Are originated in the cellar, but the Gough Road between the
That portion of The simple facts are these. Kwong Yik Wo, Entending to borrow from several claimants on cause of the outbreak is onkoown. The boose last named junction and certain specified number of bags of flour, was unoccupied at the time, Mr. and Mrs. the junction of Chamber- taker them or hands them to hit Hop, Vit Schroth being out. Mr. Wilckent, who oclain and Mount Kellett godowns, where all the flour is stacked, and capies the house opposite, was startled by the Roads vaj Bither ko or Ha Hami, acting on his behalf as appearance of dense clouds of smoke in the The remaining portion bis agent
point to them a quantity of four
street and could not at frst locate its of Mount Gough Road ex- saying "There is enough flour to cover your origin, but eventually it was traced to tending from the last advance. The claimante take no further Mr. Schroth's house, where Mr. Wilckens, named Junction past the i steps such as the law requires as to sacertain finding it impossible to make any one bear Peak Church to itar junct 13- dim men satisded that there is enough and succeeded in forcing an entrance. Meanwhile tion with Plantation Road Gough Hill Road. more Bout, and lead their moder Asope the alarm had bees raised, but for some unic-Magazine Gap Road witness Raid in his evidence, Ho Ham countable reason the fire brigade were along the road from Mount pointed out to me more than enough; I did not time to making their appearance. However, Gongh Road
POWER TEKRAN when they arrived they managed to put in some Sanitarium to Magatine v
d past Military separate any for myself
There can baino estopper hare. They must work and 1000 overcame the flamer, GED) Kashion Crigin Rear laya Kimply, been themselves neglighet, axi | which at one time assumed serious proparíious By Magazine Gap (kay they may the lê, makes thêm pay the penalty. It seems and threatened to envelop, the neighbouring||roach, between's lingerine dah tela indeed expresslyɛ daligand to prevent such buildings, EN HALVE BARGADOR and Wanchai Gaps) ... Coome Road,* ̈* frauds, as was commit this case). I'am 15. The opinion was expressed by eye-witnesses in The fijardi extensions
ficial Receiver, that had the fire brigade arrived in dub' time from Bowen Road to Magic
Jaim the house would have been mayed; AS IE WAS Rrint Gap and the road some while after the appearance of the smoke termed Magazine Gap before the tire gained a hold,
૧૨)(3844;
મ
In chronicling the tragedy in Portugal, the and excited. There are several scratches of his gotta neck, which he covers with his hand. His coat wide honer and detestation will have been is torn at the neck. One of his shoes has evid-evoked by the terrible Outrage perpetrated at antly been lost. He ing loudly). He approaches the desk, cry-Lisbon last Saturday. For full design and Angrily)--Ak that cold-blooded execution of purpose the attempt waniw (angrily) that man what he #aspector (angrily)--Ask that man what he to sxtirpate the Royal House of Portugal must be ranked asiong the worst political murders Interpreter (yawning violently and stretching himself puts the question in his bast Cantoners.
of history. The revolting brutality of the Assassination of King Alaxander and Queen John Chinaman: swallows lamp, in his Draga of Servia was lacking in the Lisbon throat and, looking somewhat relieved, tells his tragedy--for at least the murderers refrained fram favelling their weapons at the heroic Interpreter (smiling knowing smile)-He Queen as she vainly endeavoured to shield her says he has been "held up and robbed of $3.000
oldest son-but a similar purpose prompted an equally cowardly butchery of defenceinss and unsuspecting victims, de?)
The plot from all the evidence available was many years Portugal has been in the throas of a political upheaval Theoretically enjoying a Liberal Constitution with all the blessings of free education, freedom of speech and the other tosses it down and picks up a glass of coffee, tokens of advanced civilisation, the country has, nevertheless, been the prey of an extreme form of misgaveroment and corruption, which result- ed finally in the establishment of a wholly on constitutional dictatorship. While it is difficult for those far removed from the inner workings "of these political controversies to adjudicate upon the merits of the conflicting elements, it would appear that both country and King had grown weary of public abuses and were again. To the King the only practical method. anxious to see. Portugal's house in order once of obtaining the end in view seemed to be withhold parliamentary privileges from the coun try until rival political parties had sunk their differences or bad learned that the nation would have noge, of them. In the person of Senhor France he found an able instrument for carry, ing out his purposes; and in whatever light the methods employed by Portugal's dictator may be viewed by peoples more strictly disciplined Inspector-Umph. Which way did they run?ic constitutional procedure, few will be found Interpreter- says towards the praya.
to impugn, his motives or to deny him lospector-Ask him, for curiosity sake, how- same measure of progress in the path
no which he deliberately set out. To tam came in possession of all that money? Interpreter-He says it did not belong to par with the privileges of the people, how him. If it did he would not mind the less so hostile camps; and in spite of the admitted ever, provides a potent rallying cry for all moch 1. It was his uncle's, AN
When the detalls of the alleged robbery had virulence of the disease which the Gaverinent been noted, Wong Hau was told to go home,
was anxious to eradicate, many loyal subjects Sisuth bounds were then turned loose to hunt of the Crown could not bring themselves to approve of the remedies adopted. Others for the robbers.
found the root of the political evil in the whole Scene-Sitting room of Wong Man's house,system of Government, which they chose to regard as inseparable from monarchy, and Time-Saturday, ■.m.
with the sample of the kindred state of Mrs. Wong Man is darning a pair of socks. Brazil before them decided that the salva Mr. Wong Man is seated in a comer, looking time of the country lay in a radical change very much depressed.
in the form of the administrations Undoubted Mrs. Wong Man—What gils you ?
ly of recent years the republican idea has gain a cas Woog Man-I am wondering where Wooged ground in Portugal, But between this theory of government and Saturday's dread Mrs. Wong Man (dropping her sewing and
crime there is a wide gulf fixed; and many looking surprised)-Why? Surely nothing has would have taken part in an, academic discus bappened to him? He must be at the shop. sion of the superiority of republicanism over Wong Ma-No, he is not. I've just returned monarchy, who would shrink in utter disgust from there and the fois say they have not seen from a proposal to lay a murderer's hands upon him. He hasn't been seen since yesterday the person of the Sovereign. morning, in fact.
Interpreter (after a long confah with John) Heungshau. He lives in Queen's Road, but says his name is Wong Ha, a native of can't remember the number. He does not know the month of the year be was born, but he thinks he is about thirty years of age. He is fiving with his uncle. He says that about nine o'clock to-night he was walking along Queen's Road on his way home.. Four men, whom he can recognise, seized him from the back, put him on the ground, cut his girdle off, 'which contained $3,000, and ran away.
he
1.
....
Mrs. Wong Man-But why this worry? It is seldom he is in Hongkong and he must be spending his time at friend's
Wong Men sent him yesterday morning to the bank to collect $3,000 for me. That's the warry.
Mrs. Wong Man-And he hasn't been back? Worg Maa-No.
This general repugnance from the extreme lengths to which the more rabid republicans have seen fit to go or by their words to egg on some deluded tools may yet prove the national salvation of Portugal. The telegrams feform us that immediately after the assassination of the King and Crown Prince the leaders of the various parties pledged themselves to the
The plaintiffs and defendants agren that, the case shall be submitted to the Court, upon the issue that raised, for a decision, the foots leaving no doubt that the defendants are con ducting a lottery on the ferdige Settlemant,
After entering into the subject, of, ihn juris-/ diction of Consular Courts and Into the had in the case under investigation) brea -- volated, Mr. Jernigan pointed out that, an there was no law in the Revised Statimes. against lotterist, the Court must mixt look, to the common law. The term lottery, he continued, "has a touble meaning. It includes not only a scheme for the distribution of prizes by chance, but the distribution laalf. A common law neither of these is indictable, un- less it is a nuisance."
His Honour then examined the opinions of text, writers and the docs sited are deemed interpretation of nuisances sufficient to establish the contention of the morals and a common puisance to the public: plaintiffs that lotteries ave detrimental to good The legislation of the British Parliament op the subject of lotteries has been cleap and direct against their legality, and so far E Congress could legislate it has legislated on the same lines with equal distinctonas ;. and the decisions of many of the State Courts, in connection with the statutory enaciments, so clearly explain what is meant by a nuisance Av to blog fotteries within the common law. The above reasoning leads the Court to an- makning of the term.image other consideration to enla to a legal system the powers of local police In countries where government is reduced.
intive authority, but community organize a rest on charters granted by the supreme Legis any general system of laws may organize a government and adopt rules and regulation which would be valid on the ground of the right of self-preservation, an inherent right in people, everywhere: and in this light
Tegarded. Municipal ordinances of Shanghai, may be
the
The foreign Settlement of Shangbai not be. ing subject to the laws of China, and the legal systems of the respective foreign Power re presented at Shanghai, being not only dis similar inter se, but often insufficient to mest local needs, it is necessary fur the local foreign residents interested in the preservation of peace and aider and good morale to supply the deficiency.
Õ”་
And enlarging upon the principle here an nounced, it would not reem lupical for any conducted at Shanghai which, in the lon foreign Power to assaut to any business being
of the foreign residents, was opposed to public morals and decency.
in a communication by Secretary of State. Bayard (MSS. Ing. Chin) the foregoing powers of the Foreign Municipal authority of Shanghai were thus recognized, and the Secret- ary further maintained that American citizens residing in Shanghai enjoy, in common with other persons composing the foreign Settle-
Mr. Wong Man-He might have been kill. Aupport of the Monarchy and sought to ment, all the rights, privilegas and protection"
.....
ed! Report it to the police. more torn, He falls on his knees in front of Enters Wong Hau, crying. His coat a little his uncle. Mr. Wong Man cries, too.
I don't
Wong Man-Where is my money? Wong Hau-f have been" held up." W. M-Where's the money?, W. H.-Lost, lost, W. M: (pushing him aside)--Last? believe you, I don't, I won't. 1
W. H. (standing up, and drying his tears) is true, uncle. If you don't believe me go and examine the police books and you will see for yoursell.
Exit Wong Man excitedly,
bury the hatchet of political strife by means of a coalition Cabinet under a non-parlin mentarian. That the Progressist have seen it to qualify their adherence by certain conditions in an earnest of their deliberate intent in thus seeking to promote the commonweal and in- dicates that they are not carried away by the sentiment of the moment into a line of action they may be ilkely to regret in the fatura. The decision recently taken by Senhor Franco's to the nation paves the way for a compromise; Government to restore parliamentary privileges and to the undertaking ofthe conflicting partis to have done with their political strifean easy open- Ing is provided for the present Goverment to withdraw from the smergency measures of the dictatorship, Afterwards with a general rally, Scene In the dining room of the Shanghai ing of popular sympathy with and devotion to Hotel, at Shek-tong-tapi.
the House that so narrowly escaped extinction Time-Sunday, 10 p.m..
in the streets of Lisbon, we may look forward to an era of renewed national welfare and real progress under the enlightened, reign of King Manuel I
Wong Man is dining with some friends, eight in number, among them being Chan Tre Wong: They are seated around a table loaded with "chow." Two of the diners are playing chat.
here to-night,
Chan Tse Wong-I don't see your nephew.
• Wong Man-No, he's at home. I suppose you've heard that he was "hold up” last night
and robbed of $3,000 of mine?
* C.T.W. (solts voce). Robbed? Where? I daw him at this end of the town last night with a few others."
W. M. (surprised)--Was ho?" C.T,W,—-1 inquired after him and was told
that he was doing the treating. After dinner there was a gambling party and 1 belleve yout nephew lost heavily,
FINALE IN
MASTER AND SERVANT.
SA CASE OF INTEREST:TO' HONGKONG "-MERCHANTS."
which the Municipal Government afforda; 'and asthey go there voicetarily, and, presumptively, for the advancement of their garsqual interests, they may reasonably be Leul to serve such police regulations as an end incnsistent with their rights under the laws of the United States. And the enforcement of the Municipal regula ionsby the Consul-General of the United States may be justified..
It is understood, that the plaintiffs do not regulation defining rights and wrongs, and, claim the prerogative to pass by:law or consequently disclaims the pawer to enforce the one and prevent the other bar, however this may be, it does seem that when the Musici pal Council of Shanghai comes into Court, as a plaintiff, and asks for the soppression of a business which, in the petition, is alleged to be detrimental to good morals and a common, nuisance to the public, it should be able to addece some evidence, bye-law or regulation, or even some resolution at least indicative o
.of. an opinion of its own
The counsel representing the plaintiffs in forms the Court that there is no evidence" on the records of the Municipal Council of any regulations or resolation against lotteries and, erefore, if the Court was not, in cortalu emergencies, governed by the common, law, the remedy asked for by the plaintiff might the German Consular Court at Shanghai, befall them on account of their failure to adduce fore Mr. Vice-Consul Heiptis, judgment for the proof of some evidence of its own acts the defendants has been delivered in the fol which the Court could recognize, for its lowing terms
In the case of W. Heck, Messrs. Arnhold, Karberg and Co, which was beard lately at
authority will not be withheld in the enforce. meat of whatever may be conducive to public morals and good ordered grade mer his no defence in this Court that others If it be wrong la conduct a lottery at Shang- are engaged in the unlawful occupation, but about the streets of Shanghai and of other the prohibition of the selling of lottery tickets
The defendantshavedismissed the plaintiffbe fora the expiration of his three years engagement and reftise to pay his salary after the time of bis dismissal. They state their right so to dismiss him on the ground that the plafatiff has refused The Interview between uncle and nephew attending to telegrams, of the greatest import
to perform his obligations, namely, the work of was of a Berce character and it resulted in the ance, Bat the plaintiff declares that by his nephew being sent back to the interior,
The police have failed to capiste the engagement he was only employed as steno Piaces on the Settlement is a matter that.com- “sobbers.**** Is It, surprising? No word has grapher and typist. But an be himself has mends itself to the careful consideration of the Municipal authorities, for visitors to Shanghal reached them, contradicting the report, and showo, the most important part of his work will not receive favourable impressions of the Wal telegrams, and it having been proved that city when, witnessing the open sale of fottery If they are not"aware of this, the search” will i had never ancich he bad performed good morils 'and, decency accord with the mentioned during the fifteen Tickeiw.on the streets, dot does such violation months during those duties that he was pot obliged to do Judgment and arte of the foreign residents. this work, the plaintiff in feity with no the municipal authorities have not the power
tanding. Regarding bis reforals to work
proceed. And yet there are some people who | think the policeman's lot a happy ones, in
ho
U, 8, TRANSPORT "LISCUM”
HONGKONG TENDER FOR REFAIRS... - The Philippine Government has, called for Fenders for the repairs to the transport Licum, Only Awo proposals were received. They were his work, although there were important mat)(60) T-RITRANIGAN from El Varadero de Manila and the Hongkong sere to attend to, on three occasions in October. Consul Gendral deling Judicially, and Whampa Dock Company of Hongkong. Hli perseverance: la his, refarsi in work: after Since this ~[nd We understand ille bide wern complicated and five o'clock cannot leave a doubt that the same : "amendment will, fake Come time to firare out which To thing inky happen in the future, Toareloro | Lo Bye-Law the same plavanington, *7th refult will be judgment is dived for the defendants, with 3 seting of katamirare held on
after Eye o'clock bis Honour, states Tant to preserve the Settlement: from the prasacca when such, refusal is persisted in the dismissal of the vendors of lottery tickets, then stopa is justified. The plaintiff, in his correspond: should be promptly taken to find the power once with the defendants disputes the principle that bad and to here is exercitats be that it is customary to work after Ave. ad of morality, decency and legitimate business. holds that by his agreement he is hot bound to demeura, accorgance with prayer of th do so. In pursuance of this, he discontinued petition, ***