A MANSLAUGHTER:
JEALOUS COOLIE SENT TO GAOL
The July Criminal Sessions opened before the Chief Justice (ir Francis Piggott) in the Supreme Court, latt Monday morning, the first Case to be tried being that of manslaughter in which a coolia named Kwok Yau was accused
of slaying a cook named Li Luk, at Yan-ma-ti; some time in June last.
THE HONGKONG TELEGRAPH FRIDAY JULY 23 1900.
WIRELESS TELEGRAPHY,
It is a litle startling to be reminded that the first message was sent across the Atlantic by wireless telegraphy so long ago at in the year tyo in point of fact the regular transmission of messages dates from a time more in accord- abcn with what is probably the general im.... agina.ioù of it. In those very early days the
Malaria in Shau-ki-wan.
SANITARY COMMISSION'S RECOM.
MENDATIONS ADOPTED.
· LETTER: FROM GOVERNMENT.
Chelferd in Peake, Gurday: Swift, Winter: The Cemetery Bye-laws. per entertained. Our production of cra
botham L. R. 8. Q. B. p. 153 and 9 Q. B. p. 301; Richardson v. Silvester L. R. 9 Q. B. p. 3$1. last paragraph of Rigby's L. J. Judgment in Andrews, Mockford (1896) 1 Q. B. p. 385; and Ker'on Fraud and Mistake 3rd Ed. p. 402. The rule to be deduced from these seems to me to be clearly stated in the extract from The following letter from Government re.Lord Cairns judgment quoted below.
Defendant's counsel strongly, arged · upon lative to the report on malaria in Shan-kl-wan
by Lord Cairns in giving judgment in Peak v Gurney: "Your argument would show that every person who In,consequence of de Berrioger's frauds upon the Stock Exchange was induced to purchase Stock at nu advanced price in reliance on the false rumour he bad circulated that peace was concluded was entitled to maintain an action
MINUTE BY HEAD OF THE SAN-
ITARY DEPARTMENT,
MR. SHELTON KOOPER'S OPPOSITION.'
The following minute by Mr. E. D. G, Wolfe,
the table at the meeting of the Sanitary Board last Tuesday afternoon :-
amounted last year to 1,204,131 Through the company's boldings in the Astra Company of Roumanis, this company have a large partie cipation in what promises to be a very valu» able field. The present weekly, production is 2,800 tons. High hopes are also entertained of success in another territory in Roumania in “which we and our associates, bold nearly, the entire anticlinal. The amonni invested by the plot companies ja £190,000, and the man-
directors. Although the average - return. from our kerosene in lower up to this period, compared with last year, owing to reckless and useless competition by opponents in certain position, feal themselves justified in distributing markets, your directors, looking at the general an interim dividend at the rate of zo per cant. per, anonm for the half-year-ón, account of 1900.
Sir Henry Berkeley," K.C. (Acting Attorney-musications from: Newfoundland, but was not and its environs was received from Govern I'me the dictam of Paga Wood V.C. quoted Head of the Sanitary Department, was laid ongement is in the hands of the Batasische
1be
station at Paldhú was able to receive com. stmeg engli to send them; and although in 1993 wireless lolegrams became for a short period a daily feature in The Times the practice was put a stop to by a break- down in the plant. For the next four yeux Mr. Marconi was almost wholly occupied checked the development of a regular ser in investigating the various obstacles that
ment and laid on the table at the meeting of the Sanitary Board last Tuesday afternoon
Colonial Secretary's Office,
13th July, 1959.
Sir, I am directed to acknowledge the re- ceipt of your letter No. 5304/p9 of the 24th ultimo, and to loform you that the training and "currenting" of the stream cpooing along the
by the Director of Public Works
Bye-law to of the Cemetery. Bye-laws made under Section 16 of the Public Health and Government Gassifs of the 4th December, the Gangs Mediances 1903-1906, published in 1908, Government notification No. 875, makes sa provision for monuments over or enclosures
General), with whom was Mr. M. L. Donuts, jor, of the Crown Solicitor's, office, appeared for the prosecution. The defendant, who was undefended, pleaded not guilty to indictment. The jurymen empanelled were: -Messrs. Robert Miller (loreman). James Dickie, A. C. Botelho, C.F. Bird, Georg Duncan, W. G. Goggin, and Francis Gomes,
Counsel for the prosecution said that the de- vice; and by October 17,, 1907, such progress / high-road through the western' portion af-Shaq-gainat de Berringer for the increase of price. I of the varface of graves in excess of 24 feet | We should be in a very happy position if'all our other man named Li Luk, who was employed i opeo the stations for Press purposes. During and bridge No. 11 has already been put in kan form ground for an action?". Now the questipa ing unb-section be added as (2) to Byalaw 10:- lent of the price which they exact from their fondant was accused of taking the life of an- ás's cook in a brothel in Woordog Street, Yau- ma-ti. The lacis of the case, he said, were short and simple, and the question then was that of ideatification-whether the jury believed that the person who inflicted the wound, which undoubtedly caused the death of the cook, was really the defendant. Witnesses, he added, would be called and they would say that it was the prisoner who stabbed deceased
The object of the pri in the left. buddux. Moder was to assault and ben the deceased. The evidence would go to show that previous TO the stabbing deceased and prisoper find had a quarrel. During the attack deçeused, was thrown to the ground. He was held by the. queue and prisoner plunged the kaile into his. body. After a while deceased got up and went home, taking with him the kiofe used by the prisopar. The matter was then reported to the police, and deceased was requested to go to hospital. He, however, refused, aud as a result, blood poisoning set in and he died in a short
time.
The most important witness for the Crown was a woman of the underworld in whose employment was the deceased. She stated the mative for the attack on the cook. Une night, she said, prisoner called at her house and his 'manner was very obnoxious. The deceased was present at the time, and he ordered the man, out of the house. A few nights inter the deceased came home bleeding and carrying a knife in his hand. When he entered the bduse, be said to witness that he had been stab. bed and did not expect to live. She reported the Laffair to the police and Sergeant Macdonald vislied the house. He rendered first aid and advised the man to go lo hospital, but he would
not!
Other witnesses were cilled, each of whom awore that prisoner was the man who stabbed the deceased Police evidence having beca called, wituesses for the defence were heard, A stove manufacturer, who employed the prisoner, was called, and asked whether it was a fact that prisoner did not leave the shop ou the night, in question.
"I can state positively that he did not leave the shop during the day. But after work. is finished and there is nothing to do, they go zambling abous, and I would not like to say that he did not go out on that night," was the
answer.
the past year 300,000 words were transmitted, wah but two mistakes that could be directly tributed to the wireless system. More than this, we are told that the difficulties of limitation of distance, want of secrecy nd trustworthiness, popularly supposed to be inherent in wireless telegraphy, have now been eliminated; and the scheme, of which Mi. Marconi spoke at the Imparial Press Conference. for linking up the different parts of the Empire with wireless stations is so fat advanced that a writer, in The Times is already able to outline the network that would' have to be established and the probable cost of installation. Since the commercial possibilities of wireless telegraphy were fairly realized, the system has taken a strong hold on the public imagination; and thus by natural transition we may come to the awakening demand for a pro perly organized system in and about Shanghai.
It is unnecessary to dwell upon the manifold- inconveniences arising from the want of efficient menes of communication between Shanghai, Woosung and the mouth of the Yangtze. Ship ping companies have long been familiar with bis deficiency. To the general public it be comes apparent whenever there is any demand for trustworthy information as to the arrival of some vessel, information which the owners or agents are powerless to provide. Only within the last week considerable anxiety was aroused by the non-arrival of the Tacoma Maru, delay- ed by fog oo (further off than the mouth of the river. In short the advantages of an efficient system of wireless telegraphic stations, easily installed and maintained, between Shanghai and coastal potis are too obvious to pead en phasis. Not a little has already been done by private enterprise in the shipping world, that could be brought into line with an official syr- tem for its further expansion. For example, the Empresses of the Canadian Pacific Rail way Company are now fitted with wireless in stallation; and within the past few weeks ar rangements have been entered into, by the courtesy of the Commodore at Hongkong, for tha exchange of non-commercial messages be tween ships of the China Squadron and The Amperssen; and there is no doubt that directly an official system was installed along the coast, the Canadian Pacific Company would place the private installation on board its own vessels-at-Government's disposal for the reporting of weather conditions, the move. ments of shipping, and similar information, Apart from the Canadian line this year has seen, the introduction of wireless icicgraphy on board the American mail steamers. Not a fow ja- panese vessels are also fitted with the system and while the P'. ned O. Company bas made a
The prisoner said that he was a stove-maker, After-ho.falabed-his work he usually went in bed, as, he was so tired. Strolling about was, therefore, out of the question. Only men of money could afford to go strolling. Where could be get the money to purchase a knife? If he had the money he would not throw it
way to purchase a knife; he would-buy-some--beginning with vessels of the M-class thing to eat or some new clolber losicad. Why should be stab o man he did not know ? The witnesses for the Crown were in the em ploy of the woman, they were in the pay of the woman, and they were brought to Court to condemn him.
The jury found the prisoner guilty un neimously, and his Lordship passed senience of two years' hard labour."
THE CHERIANG RAILWAY. The British loan to the above line threatens to become the source of another disputa be tween the provincial gentry of Chekiang and
the Peking Government. ln the minds of out- siders there must have been misunderstanding. mismanagement, or misrepresentation ja some quarters. We reported on June 6, 21 later dates Also, the request of the Railway Companies to the Yuchusopu to cancel the Regulations for the deposit of the loan, on the ground that the Companies had been unable to receive the amounts due on certain dates in accordance with the Regulations.
The Ministry recently replied to the effect that the agreement it made with the British Corporation could not be cancelled, as it was ratified by the Throne, and that it was binding on the Companies by implication. It made co mention of the Regulations which the com paules recognize as binding between them and the Ministry. This reply ignores the fact that the companies recognize as binding only the Regulations for the deposit of the loan made between them and the Ministry, while the Ministry wishes its agreement with the Cor poration to be observed by the companies,
This, perhaps, further tends to explain Mr. Yang Ting-tun's letter in which he declared that the Agreement concluded by the Ministry wilb the foreign syndicate was not binding on the Company, a letter which has not been challenged by the Yuch'onapu..
Nalive reports state that steps are being taken in Kasbing by interested parties to units with the Ningpo and Shaobsing shareholders, to urge that the amount still due on the rallway share be paid up in order to strengthen the Companies' hands in refusing to use the loas. It is also proposed to endeavour to retain in office Director Tang and Vice-Director Liu, whose resignations some time ago caused mach agitation.~~N, C, D, News,
running to Australia, the day cannot be for off when the ships of this Company that come, to Shanghai will be similarly provid. ed. Nor indeed is the coast of China deficient, in stations, of which there are no less than twenty-eight between the Gulf of Pechili and the Island of Hainan, though of these that of the alter only is open for commercial uses, the rest being reserved for military purposes. Some additional installations would naturally be re- quired, as for example at the Steep Island pass, raken by all vessels coming from Hongkong and upon the pilot boats. Hut clearly there is already no lack of raw material upon which to work. It merely remains that this material should be welded into a well-controlled organ
zation.
||
|
The occupier af the plots of cultivat. ed ground immediately below and to the East of the Saiwan Read, was found encroaching on Crown land and has according ly boon turned off the grounds and the pits have been filled in by the Director of Public Works, 3. The claaring of the scrub from the West ern slope of the Lyamun Cliff will be put in hand as soon as possible after receipt of your plan (which is returned herewith) with the area required to be cleared, marked thereon.
4 The other recommendations of the Board require an investigation of cost which is now being made and a ferthur reply will be sent in due course-I am, etc,
A. M. THOMSON,
Colonial Secretary.
The Secretary,
Sanitary Board.
fl
The Registrar General minuted :-What are the figures for malaria among the Police at Shau-ki-wan during, the last say, ten years? How does that station compare with the other stations in the island of Mongkong?
"L
THE LANGKAT LAWSUITS.
MR. TACKEY ODTAINS PERMISSION TO SUE,
The Shanghai Times of 13th lust, says: In H.B.Me Supreme Court yesterday, Mr. F, S. A. Bonne, Acting Judge, rendered judge ment regarding the application, made by Mr. M. M. Tackey for leave to sue Mr. R.8. F. MacBain in connection with recent develop ments in the Langkat Company. Mr. R. N. Mcleod appeared for the defendant and Mr. B. Oppe for plaintiff.
In deciding this question his Lordship to day said:-The defendant by paragraph 6 of his Statement of Defence objects that the State ment of Claim is bad in law and discloses no ground of action because:
V
(a) False and fraudulent statements to per- sons other than plaintiffs or his agent calculat- ed to decive, deceiving the public, and giving rise to false remours, give no right of action to the plaintiff..
(b) There was no duty, of the defendant to the plaintiff to give him the news withheld, or 10-abstain from.communicating or allowing to be communicated to, or obtained by, others, the said naws; and
(c) The damages are not the natural and probable-consequences of the acts and.omis sion alleged.
2. I am advised that Bye-law II as it stands. is not complete, as it 'does not give anyans power to decide who shall be interred in any particular section. Further, none of the Bye laws at present give anyone authority to direct where corpses shall be interred in the come- W
home consumer. Our older shareholders will remember that we have had similar attacks upon us before, but the fact what we have ac cumulated the magnificent reserves that we have should satisfy opponents that if war is forced upon us we have very little to fear, and we shall prove very tough customers. I can confidently state that no crude oil is the world is produced and itansported to neighbouring Eastern markets so cheaply as ours.
Mr. Evelyn Seymour said have an deavoured to read between the lines of the -accounts submitted to us, and should be
to be decided in the present case is simply this:
(2) "No monument "over a grave or suppose tint with the intention of Koting the enclosure of the surface of a grave occupy
number of bölders of Langkat shares in Shanghai to sell below the true value, the dex more than 24 superficial feat shall be erected or made in the Colonial Cemetery with fendant had made a false statement to one of
out permission from the Head of the Sanitary the small number of brokers in Shanghai that he might repeat it to another broker or holder Department, who may, if he thinks fit, who might repeat it to holders including grant such permission upon payment of a fee the plaintiff who in reliance thereon sold his of $1 for each superficial foot to be occupied by the monument or enclosure in excess of 24 shares, would the consequence be too remote to form a ground of action? I think on the superficial feat." authority of the following sentence of Lörd Cairns" judgment p. 413 Peek v. Gurney that the consequence would not be too remote. "But to bring it within the principle, the injury, I
much obliged if you would be good enough to assure me that I have not been dreaming, and apprehend, must be immediate and not remate
that I have interpreted you correctly in the consequence of the representation thus made. To render a man responsible for the conse-feaddition to serve pride The fol following facts:- understand that the com- to Bye-law 11 as sub-section biped company has distributed, or is about to quence of a false representation made by him to another upon which a third person acts and (3) would definitely authorize the Head of the distribute, in respect of the year 1908 no loss so acting is injured or damnified, it must appear Sanitary Department to settle any question than 41,600,000; secondly, that they have
obliged 11 by paying that such false representation was made with that might arise in this connection.
(1) "Application for permission to inter a for u; thirdly, that they have the direct intent that it should be acted upon by
corpse in any special section shall be made written off in various ways and carried forward such third person in the manner that occasions
to the Head of the Sanitary Department, no less than £800,000; and last, but by no the injury or loss," In de Berringer's case the
who shall decide upon such application; if no means least, that out of the year's profits they stage, the play and the actors-the London Stock Exchange and the British Funds boingch application is made, every corpac shall be have defrayed the whole cost of boring opera concerned-dwarf Shanghai and its properties. buried in such position as the Head of the tions and geological surveys. Am I right in
Sanitary Department shall direct."
thinking that, adding all those items together, Mr. A. Shelton Hooper minuted-Why give | the real profit from the combined concerns in the power in Sub-Section 2 of Section 20 to the 1908 amounts to the colossal figure of H.S.D. instead of to the Board? I fail to sanoon? Further, I should like to ask, if I am in that the proposed sub-section is wanted at all,
order in doing so, whether it is not the case With regard to Bye-law it, I should like to sea that bad our best interests not been studied by the opinion and to know who an advises.
the sble board of directors who represent us it' would have been quite possible so to rearrange the figures that the shareholders of the "Shell" Transport and Trading Company would have received a dividend not of 20 per cent, but of 30 per cent?
It may well be that the determination
pur. chase of some men among such masses in de Barringer's case did not immediately and necessarily flow from the false news in regard to peace with France, although the false Gewa may still have been an element affecting their state of mind. In such cases the con- sequence of injury and damage would be too remote. Here in Shanghal with a few tens of brokers frequently meeting and exchanging cews, and a few hundreds of holders, 'of or dealers in, Langkat shares the false statements might on the other hand be shown to have been directly aimed at the small class to which plaintiff belongs and to have directly induced the gale, It is a question of degree of causa tion and consequence; and to daclio that ques tion is as Lord lackura said something like having to draw a line between night and day there is a great deal of twilight. Still it does seem to me passible in the present case that the plaintiff might prove facts under these para graphs of his Statement of Claim that would show the damage to have been the catura! and reasonable result of the defendant's acts and that might enthile him to judgment; and biok berefore, that the case at gards (n) ought not to be withheld from a jury. The defendnot accordingly fails in that part of bis application.
·
*SHBLL” TRANSPORT AND TRADING COMPANY,
· LIMITED.
ANNUAL MEETING,
The annual general meeting of the members of this company was held on 22nd ult, at Winchester House, London, Sir Marcus Samuel, Batt, presiding.
tax
GET
income-
The Chairman: Yes, Mr. Bøymour is correct. The profits would have amounted to about £2,500,000. It is obvious that we might have paid a larger dividend if we had not been con- servative in our policy,
At a subsequent extraordinary general meet- ing the following resolution was adopted:
That the articles of association of the com pany be altered by cancelling Article 162, and the addition thereto inserted by one of the special roxolations which were passed on Jan. 24, 1903, and confirmed on Feb. 10, 1902. The Obairman, in moving its adoption," said it was found necessary in converting” some" of these bearer into ordinary shares to split them and this was simply to facilitate that process.
MARKET LIGHTING.
AN OLD QUESTION REVIVED.”
At the meeting of the Savitary Board this afternoo; alalter was read from Mesure, Ulderop and Schister recommending to the Sanitary Department the use of Tantalum lamps for the lighting of markets. In the elter, it is claimed that the lamps in ques tion have certain" advantages over the ordin
mess and lighting capacity, which were "out-
The Chairman said:-The accounts which I now have the pleasure of placing formally before you of the "Shell" Transport and Trad. ing Company, Limited, for the yase 1908 will, 1-am suce, have proved very sal-factory' read- ing to the shareholders. Including the amount brought forward the net, profis amount we made last year. to reserve account, £710555. The large appropriations which in order to liquidate outstanding liabili To regard to (b) this"denly with paragraph: Ties, and to provide the Shell-Company's Our Rules make no provision for the trial of 6 and 13 of the Statement of Claim. Now there proportion of liquid capital in the arrangement being no contract between the plaintiff and do. with the Royal Dutch Company, do not fall as points of law before the facts go to a jury; we must therefore Adopt The practice of the High Jendent, and defendant, as a Director of the charge on the revenue for 1908. We thus Comproy, not being an employee of, or have a very much larger sum at our disposal Court in England, see role 315, that is, we trustee for the plaintiff as an individual, for distribution, and leaving the sum of 192,994 must follow Order 25 of the Roles of the Supreme Court in England, which deals with (Percival" Wright L. R. (1903) 7 Ch. pr to be carried forward, That this sum should Proceedings in lieu of Demurrer. If the plain-421) defendant was under an obligation to be so much in excess of that carried forward be careful towards the plaintiff. Apart from last year is owing to the fact that, in the opinion tiff's Statement of Claim, admitting all his facte to be true, shows in law no cause of action, it fraud; therefore, negligence or concealment of your directors, the amounts appropriated to
afford him no will clearly save time and expense to the
cause of action; cf Derry depreciation by the intermediate companies is course | so largenstorender it unnecessary for the parent paties if the action be at once dismissed: an.. Peek 14. A.C. p. 337; although of ouler was sccotdingly made under Order 25 r.egligence, or disclosure-to-others-and-con-companies tomake further provision this year inary carbon lamps, both with regard to cheap- cealment from the plaintiff, might be evidence this respect. Au amount of £493,000 has been of fraud under (n). Paragraphs 6 and 13 of put aside for depreciation in the Bataafsche Pat- Statement of Claim as giving a separate cause roleum Maarschappij (which now includes the accounts of the Nederlandsch fadische. In. of action ought therefore to be struck out
I bave dealt with (c) —ṛenioleness of damage, | dustrien Handel Maatschappij}, 'as agaïust £293,000 last year, whilst £205,000 has been Costs are reserved.
set aside in the Anglo-Saxon Petroleum Com pany, Limited, as against 80,000 inst year, Then the two companies carry forward an un-
balance sheet of the Balaufsche Petroleum Maatschappij I ought perhaps to make it claar that all expenditore incurred in frilling explora- tion, and geological research, is debited to. working expenses (being in addition, to the amounis already stated), sud isthus written off before arriving at net proffs. Since the Baiaalsche took over the insurances they have,
2 that the points of law raised by the State:
meal of Defence should be tried immediately.
For the purpose of this argument I have to assume that all the allegations of the Statement of Claim are true. (a) is concerned with paraander the heading (a). graphs 4, 7, 9, 10,11 and 12; the facts alleged in those paragraphs may be put in the abstract as follows: the defendant, the Managing Direc tor, receives very favourable news regarding
We understand that the case will according go to trial, after the vacation, on the mala
allegation of deceit.
fined in detail for the information of the Board.
Mr. Ho Kom Tong misured:-There is no barm in giving the Tantalum lamps a trial in the Central Market as requested by Messin, Ulder. up and Schluter.
Mr. A. Sholton Hooper: I don't, quijo derstand why these papers are again before us.
that further information do they contain?
Hon. Mr. E ATMTM Hewett:-{ ́thought this
been re-opened ?
itself generally felt there is reason to believa the property of his Company, which be, makes issue, which involves, it will be remembered, divided sum of £8,580. With reference to the question was'disposed of, Why'should it have
known to the shareholders nine days later; in the interval be had stated orally to certain per sons, members of the Shanghai Stock Ex- change and others (other than the plaintiff or his agent) that no news affecting the value of the Company's property-had-beca received by him or by the Company; such statements were to the Managing Director's knowledge false and fraudulent, and were calculated to deceive and did deceive, the public (meaning thereby the dealers in and holders of shares in the Company including the plaintiff); the Managing Director further represented orally to the said persons and on the said occasions that the rise in the price of the shares was not due to tha receipt of any news but was due to some other Cause, well knowing that such representation was false; during the said period the Manag ing Director corruptly and improperly com- municated the said news to, or allowed the said news to be communicated to, or obtained by, certain persons other than the plaintiff and the general body of shareholders, with the result that such persons did buy shares in the market at higher prices than had bafora ruled, and that | other persons including the plaintiff's agent induced by repetition by third parties of the said false statement to sell at prices less than the true value in belief that there was no good cause for the said rise in the market value of the shares to the damage of the plaintiff.
the
JAPAN-CHINA S.S. COMPANY.
POOR PROSPECTS.
For the half year which ended last month, the Japan-Chios S.S. Company was able to adopt a dividend of only 2.5 per cent. Com menting on this fact, the Mainichi remarks that there is no hope of an expansion of the shipping business on the Yangtze in the near future. It proceeds to say that, as the com- pany's prospects appeared to be bright at the time of its establishment, the arrangements were made on a comparatively large scale, and agreements were entered foto with other ship. ping companies. Consequently it is very difficult for the company to raise its charges, and the only course open to it appears to be to endeavour to reduce its expenses. If it can do that to the extent of Yao0,000, it may be able to raiss ite dividend to 5 per cent. It is understood that the directors are in favour of taking this course.-Kobe Herald,
چه
OPIUM IN North bornEO.--
QUESTIONS IN PARLIAMENT.
happily, had no serious calls upon the fund,
ASIATICS ON BRITISH SHIPS.
FURTHER STRINGENCY RESPECTING
LANGUAGE TEST,
lo face of the demand that is now making that the Chinese Government will be in no way. reluctant to act. Unfortunately it would appear that a certain obstacle is presented at the outset by the case of the wireless installa- lion on the roof of the Palace Hotel. So far as can be ascertained the present position of affairs is this, that the Chinese Government is prepared to take over the plant at full cost price, and to instal it in the Imperial Telegraph
which has been supplemented from time to building; while the authorities of the hotel de-
The Merchant Shipping Act, 1905, which site that ene equipment should remain where
time by contributions from their profits, and. the credit stood at the end of 1938, at the sub- imposes a language test. on all seamen, British it is and offer to place a room at the disposal of
stantial sum of £283.236. Our relations with subjects excepted, has not been uniformly the telegraph_administration for working pur-
our Dutch colleagues continue on the most successful, from the point of view of its pro poses. The Government's claim that the hotel acted unlawfully in installing the apparatus
friendly and intimate basin, and I bave again maters, at many Chioamen, by declaring that to congratulate our shareholders on the cap- their domicile is Hongkong, have been able without previously obtaining leave to do so, is based on the imperial Rescript of August 9,
able manner in which the business is managed. to evade the test, As the result, however, My friend, Mr. Delerding, the managing direc- of a minute which has been issued by the 1905, whereby the installation and working of wireless telegraphy in China was made a Chi-
for, has recently received from the Datch Board of Trade, to the superintendents of nese Government monopoly. On the other
Government-in the conferring upon him mercantile marine offices, the rule will now hand it is contended that in the International
by the Queen of Holland of the Order of be more stringently enforced. Each saper the Lion a distinction be bas very richly intendent has been informed that in future' Radio Telegraphic Conference of October,
no Oriental seaman or other person of sp. 1996, in Berlin, China was not officially re
deserved, and I am sure we all hope ho presented, although the proceedings were
will enjoy it for very many years to come. Heparently foreign origin will be exempted from has again been ably seconded by his colleagues the provision of the Act unless he can produce watched by, one of the present secre
In the management-Messis. Hogo Loudon, a certificate of birth, a certificate of naturalisa- taries of the Board of Communications;
A.J. Coban Stuart and R. Waley Cohen.. tion, or some other authenticated official docu and that in so far as China has preferred
The fact that "Shell" spirit has become a ment showing that he is a British subject or hitherto to retain a free hand, independently
household word for petrol might lead our share theinhabitsstofa British protectorate. "Arrango- of other nations, the actions of any party in the
holders to suppose that our profits unduly ments have been made by the Straits Settle International Settlement cannot be said to in-
depended upon this article, but that is not ments government for the issue by the protector fringe her rights. The question thus becomes
Our total trade in petroleum pro- or assistant-protector of Chinese in Singapore the case. one of considerabla delicacy. It may be con-
Assuming all that to be true, has the defend. coded that in view of the public interests at ant infringed any legal right of the plaintiff?
ducts is an enormous one, and that petrol, is and Penang of certificates to Asiatic seamen stake, it is better that the Chinese Government There being no contract between the parties,
comparatively small part of it. The progress who are British sabjects, and before accepting should retain an absolute monopoly of wireless can see no cause of action unless some apteced
of the trade in the United Kingdom has been it the mercantile marine superintendent must telegraphy. Once a precedent of independent ent legal right which the plaintiff has against all
eminently satisfactory, The sale of Shell satisfy himself that the descriptive particulars management is permitted, there is no saying to man has been infringed by the defendant; and
spirit in 1908 showed a large increase over agree with those of the seamss providing it, what lengths it might be extended for purposes the only such right here in that plaintif should
that of 1907. I am pleased to record the fact These instructions do not, of course, apply to far less disinterested than those of the Palace notbe intentionally deceived by the defendant to
that the sales for 1909, up to date, again show lascari. Hotel. On the other hand, the hotel manage bis damage. What then must a plaintiff prove to
a very gratifying advance as compared with STRİCE-OF SPINNING 'OPERATIVES.
meut deserver a certain amount of recompeare
succeed in this action of decait ?-(3) that the
1908. Attempts have been made to wrest thin for the loss of what would certainly prove a
statement was untrue; (2) that it was known to
trade from us by the offering of inducements which bore their own condemnation, and which On the night of the 4th instant, fosiy female valuable advertisment, apart altogether from
be untrue by the defendant; (3) that it was | operatives of the Harima Spinning Company, the credit due to its initiative, which may or
made with intent that the plaintiff should set Colonel Seely: No, sir: the Secretary of wdle speedily withdrawn. So long as Shell employed at Himeji, went on strike. It ap may not pave stimulated the native authorities upon it; and (4) that the plaintiff did act in re State bas po official cognizance of the subject spirit remains of the magnificent quality that it pears that the company, owing to business to recognition of a public necessity. In these fiance upon it and thereby suffered damage, matter of the question, and has certainly given, 10 long am I sure that we shall hold the
Recently the Yach'uanpo, or Ministry of reasons, dismissed an assistant of the overseer circumstances, if the Government's claims Condition (1), (2) and (4) are clearly covered by no sanction to anything of the kind. The trade, Sumatra crade petroleum contains a named Kawajiri-This-oversour-bas-been-in-should-be-supported on the ground-of-general--the above paragraphs of the statement of claim territory of North Borneo is in reality govern- very large quantity of homogeneous petrol: that Posts and Communications, submitted a report the company's employment for twelve years, interent, it seems-only fair that some extra whether (3) is covered depends on the meaning ed by a company, and I gather that the charter it, the first-run-of-the-still-This may be called to the Throne on-intended-improvements to the and is greatly respected and liked by both the compensation should be paid to the hotel over
to be given to the word "calculated, in argu- of incorporation would not preclude that com the very heart of petroleum. Because the sup. Peking-Habkow Railway. It is stated that the operatives under him and by the board of and above the actual value of the plant. One ment it was taken to mean "intended." If the pany from advertising for tenders for the farm-ply of crude is in excess of the demand, the sum necessary for these Improvements is in- Shell Company are able to give their customers tended to be met by a large foreign loss, though. directors. The dismissal of his assistant bad thing at least is certain, that any such com- false statements were made with the intention fog of opium.
Mr. T. C. Taylor asked whether steps could only the finest fractiong contained in the crude this was not mentioned in the memoriak irig the effect of largely adding to his responsibi- pensation would speedily be repaid out of the that the plaintiff should be deceived and should lities, so he applied, for a corresponding in-profits that would accrue from an efficient
act upon them, condition (3) is satisfied, pro be taken to prevent the licensing by British all. It is not necessary for them toeither distil or The report that a loan of £1,500,000 offered,
to Chins without security has been accepted by crasss of salary. This application was refused, system of radio-telegraphy on the China, coast,
vided the chain of consequence between the colonies of the businesses of opium and gamb retreat their petrol with acid, because each one
"of these processes necessarily detracts from the Yuch'anapu, is prematurs. President Hi whereupon Kawsjiti sont in his resignation.-N. C; D. News, Buy a
false statement and the shares was not ipling dens.. Learning of this, Shifone Kase and Ano Hana,
law too remote. If the false statement werO Colonel Seely said it was a difficult master the very quality which constitutes the greatest Shib-chang of that Ministry in consultation with the Grand Council recently stated that a som the hands of a department of forty operatives,
made to one man with the direct intent to decide exactly how far the Government had value of patrol, proposed to follow the example of the over
that they should, through some other men power. But the question was 100 large to deal Our geological surveys have, I am happy to of Tis, 15,000,000 or more, according to pro sear, and the forty operativas weat on strike in
-both being members of a limited class with by means of question and answer, tell you, resulted in discovering other fields posed scheme, was nooded for railway devalop. rmpaiby
reach the plaintiff or the class to which be Mr. C. Wason: Are the Governors appointed which promise to be of enormous vales. In ments during the next three yours."
this connection 1 ralar particularly 10, now This sum is required for the construction o belongs-bolders of Langkat shares, and that by the Colonial Office! they should act upon them, the consequence
fields in Bornno, here our geologists are quite four or five branch lines, besides opening coul would in my opinion on the rule to be deduced
confident we have an aoticlical which promises mines for the main line, so as toʻba from the cases quoted below not be too reed than in the case of an ordinary colony, to exceed in area and productivity, the Banga and of the Kalping" and other foreign mote, med the action would lis. Cf. Barry Mr. Smeaton: Is it the case last, the opiam Croskey a Jo, & Het, as; Peek's Gurney 6 E farmer and the lessee of the gambling dens are l'App, pp-in 4th por Lord Cairns | Scottone and the same person Dizon 19 L. 1.8m de'a, approved by Lord Colonel Seslys I do not know..
LABOUR TROUBLES IN JAPAN,
Mr. Kawamoto, the manager of the company, and the police hays, advised the strikers to re same their work. The two bead female opera Lives have been dismissed, but the other opera- Lives are at yet showing no sign of heading the official advice to resume work, and the agitation Appears likely to spread among the employés."
W
WITH reference to the wireless telegraph in stallation on the Palace Hotel, building at Shanghal the British Consul-General, in reply to the Taotel'e request that Sir John Jordan should order the removal of the installation, has informed the Tantai that magotiations ware in progress between the Chinese Telegraph Administrations, under the orders of the Yach nanpu, to effect its purchase from the Palace Hotel:
In the House of Commons on 24th utt., Mr. T. C. Taylor asked the Under-Secretary for the Coleales whether it was with the sanction of the Secretary of State that the Government of North Borneo had recently advertised. for tea- ders for the farming aut for the years 1910, 1911, and 19:2 of licences not only for the sale of spirits and pawabroking, but also for the carry log on of opium dens and gambling houses; and whether be would take steps at once to prevent the issue of new licences to opium dens and gambling houses.
Colonel Seely said he did not know how the question stood, but our control was more limit
A LARGE LOAN.
KAIPING COAL,
felds. The Brst boring has already ranch-The purchase of rolling Mock would ed depth of about 76 12. Simlar, ance The 10,000,000, and this whol cose has attended our efforts in Sumairs, and considered must be obtálnád by a ↑