301
4
CAPTAIN'S WRONGFUL
DISMISSAL.
His Lordship, in the course of dis written judgment, mid-
This is an action for damages
naver camo
out."
THE HONGKONG TELEGRAPH FRIDAY AUGUST 4 19 1
DREDGING MACAO
HARBOUR.
Alleged Breach of Treaty Stipulations.
LOG BOOK.
Disobedient Seamen.
EAST INDIES PETROLEUM · COMPANY.
tho 30th
A telogram was received from llowed, provided a formal apr. Seymour Buckingham ́an- plicition was made,
Madras Harbour.
Bouncing that the firstol well had been struck at a depth of four hundred feet, and that he was making satisfactory arrangements for the sale of crude oil.
with plaintiff, lo says again I the usual course of daty on river owners, know very well what he the parties in Chambers if plain- summariso-"I very seldom sawa boate carrying only two officers? was doing, they had of course tiff presses this point, and his European on the bridge-I never (2) If so is this under the air- amplo means of knowledgo, and solicitor really thinks he has any saw the mate on the bridge excopt cumstances, à proper and so that thoy fully concurred in case, Subject to this there must
Discovery of an Oil Well. to way run the what was going on. This being bo judgment for plaintiff for three
As a result of n' complaint Wins Action in Summary Court when entering or loaving port. maaliko
Huado by Capt. Cockoll of tho
The prospectus was issued on In the Summary Court this Whon loving Canton the captain ship, or is it negligence, and so, one would expect that if utmonths' salary, ut $240 and the
was on the bridge. After leaving behaviour coloulated to any time they came to consider costs of the action.
Mr. Lewis (for the defendants)|S. S. Ardanmohr, Marine Sør-Friday of the East Indies Potro- safety of the that regular watch ought to bo morning, Mr. Justico Gomports, Whampoa ho was sometimes on peril the Tuisno Judge,delivered judgment the bridge but more often not vossel. lis roplios were:(1) "I kept they would as fair and asked for a stay of execution in geant James arrested oleven sea-louum Co., Limited. The sub- in the case in which Captain Tom there. After Whampoa the cap believe this to be the usual course reasonable mon notify the muster view of a possible appost.
His lordship said that thoro mon belonging to that ship onscription list opened at Singapore Austin, Master Marinor, brought tain romained about ten minutes of duty not only on Vest River of their desires. It follows thon
withdut leave and of wilful dis-nad closed on the 1st ult. on action against the Chi Wo on the bridge. In my watch after boots but on the Yongisze. (2) It that when after all these months domed to be no grounds for the charges of absenting themselves and Penang on Company, dl 29, Wing Wo the captain left I got orders from is quite in order and reasonable. thoy put forward, suddenly and application.
Mr. Lawis-I believe the usumfobodrones of proers. They wore | The capital is $1,500,000, divided Street, shipbuildors, to recover the no one. For the rest of the watch, The captain is always available without any previous notico, tho' salt of $870, for damages for I was in solo churgo of the ship till and can be called and provided failure to keep rogutar watch as practice is to have the many arraigned bofore Capt. Radcliffe into shares of $10 each, all wrongful dismissal from defen-handed over to No. 1. Now and he is on the alert it would not bon ground for summary dismissal, paid into Court..
His Lordship-In case like the Singapore Marino Court ranking pari passt. Of the total dants' employment as Captain of again the captain came out, proper to interfers with the pilot they make it very diflicult!
in fully paid up shares to th defendants' steamship Hoi Ming. Once the captain had loft the who has local knowledge, The to believe that the ostensible this, the plaintiff should file a do- and they pleaded guilty. One shares, 82,479 are to be allotted. round is the real one. Nor do 1 eluration that in the event of the was sentenced to have eight days voilors as part of the purolaso Baw him once or pilots are very competent men. The cisim was made up as bridge. T follows: Three months' salary twice in twenty days. Most consider the practice described myself believe it. In my opinion decision being reversed, the pay confiscated, three lost four consideration and the Unlance of days pay and the rest two days' 87,521 shares, less the present in the captain's origionco scammu- tho defendants had some colla--| amount will not be withheld. in low of notice at $240 por days ho
Mr. Lowis--The position, mypay. They were ordered to re-issue, will be hold in reserve. On month, $720; lodging for three The compradore's evidenco is liko and reasonable. I then rotoral motive for wishing to be rid months at $50 a month, $150. merely that he visited the bridgequested. Captain Pybus' opinion of plaintif. Suggestions were Lord, is this. The Captain pro-turn to the ship under police the prosent issue, $5 per share is payable on application and $5 on at night on several occasions and on the Chief Engineer's evidence. made in cross examination that poses to go home to England and escort. Capt. Radcliffe made the
The Directors are found noither the captain nor Tho comment was "If boarings they had found him lacking in if we bring the appeal, our money men understand that the maxi-alalmont,
mum punishment for the offonces essre. Seymour Buckingham and the chief officer there. Then the get heated the engines should be consideration to passengers. No will be gone.
Mr. Steavenson (for the plaint with which they had been charg-W. D. Fisher of Singapore, Wes called Mr Edward stopped at once and ʼn roport mado doubt acts of deliberate dis for wrongful dismissal by the defence master of a leal passenger ship. Jones, Acting Agsistunt Harbour to the bridge as soon as possible courtesy if brought forward to i.) If the other side wants tool was ton wooks' imprisonment. lap Lang and Loko Chow There are two defences justifica Master of the Colony, as an ex-afterwards. The captain might the captain of a passenger stom-appeal, I would ask that they Ho had let them off lightly in it, Kuala Lumpur, and Willem Anosz of Sourabaya. Binkers, the easily not ho on the bridge if theer would givo his owners simple put the matter through as or consideration of the fact that the
Atlanor was due to sail within the Chartered Bank, Solicitors, tion-the employers maintaining port witness. Very early that they wore entitled to dismiss Caso I stated that had I known enginoor went up at onco: that justification for summary dispeditiously as possible.
Aftor further argument, it was the next few days.
Messrs. Donaldson and Burkin Capt. Cockoll asked for a police shaw, and Mr. H. J. De Bruijn of the plaintiff for negligence and what the issue was likely to be the captain is out immediately i misspl. But nothing of this sort failure to properly discharge his should have insisted on having a tip telegraph rings shows him to has been provod. I think itquite ngread by the plaintiff to give un
On the pilot's possible that the captain'e muen-undertaking that he would not guard during the time the ship Sourabaya, Auditors, Messrs. ronained in port to prevent the Evatt and Co., and Secretaries, duties as mater. Secondly the marine assessor. An advisor on be on the alert." employers say that under an oral the bench to whom the judge can evidence the comment was "The suros with troublesome passengers run away,
men coming ashore. He was Mesre. Welsh and Co.
aformasi that this would be agreement ano between them-put his diflicultios and get counsel pilot was not in fact in sole charge were on the regular side-per- solves and the master on his and explanation, is much more of thoship merely because he was as he was sometimes not as appointment, the engagement helpful in a case of this sort alone on the bridge. He would tactful as ho might have been; was to be terminated by twenty-thunan expert witness in the box. be perfectly capablo of navigating possibly defendants thought four hours' notice on either side, should like to have notice in the shipin ordinary circumstances, they would like to have a There were also insinuations-futuro boforehand when any simi-and if the explain whs at hand milder mannered an in com-
Since the opening of the new Northern Entrance of the Madens they roothing more, for they far caso is coming on for trial and ready, that would bo quite mand. But this is nothing but
Harbour, the opinions of tho word not supported by evidence Now the gist and substance of suflicient. That the captain came conjecture. I come next to the
commanders of vosels using the
The Company has been formed that the plaintiff in breach of his Captain Jones' evidenco is con-out when the boats wore rather second plea---that there was an
port have been taken All are for the purposes of exploiting, intios to his employers comported tained in the last few lines of his thicks shows him to have been on oral agreemom for the determin-
unanimously of opinion that it is acquiring, or proparing of mar himself towards passengers, Eu-examination in chief which re-the alert." On the mate's cridation of the engagenient on ropeans and Chinese.. Now as to produced. He mid "On the cap-enen the countmont ayns as follows: twenty-four hours' notice. It has
It is reported that I.E. the great change for the better, and kets, it bearing concessions or the defence of justification: this ain's own evidenco in the boxThe captain should be on hand, heon ropontedly held in this court
the Netherlands was based upon certain evidence this morning he has been guilty not novessarily on the bridge. that, special agreements apart, Viceroy has received an urgent improves the harbour immensely properties situated more parti-
the Cabinet The only suggestion made is that cularly in given by plaintiff himself and by of breach of duty serious There are no rules: the matter three months' notice of dismissal telogram From several witnesses for thodefonco-breach of duty, such he would must be left to the discretion of the is reasonable for the master of a Ministers, criticising the action tug should be provided, like Indies, Borneo, the Malay Penin thomato, Chief Engineer, Compra- | imperil the ship and lives in hor." mastor. If he is at hand so as to vessel. The burden of proof is of of the Macao Covernment in that at Colourbo, to assist in the sala, Burmah and elsewhere, and doro and second pilat-to the In cross examination he said "be called at once that is sufli- course on defenants and I will say dredging Macao Harbour and borthing of the vessels, and that disposing of the same at a profit effect that regular watches were have no local knowledge of Cancient. Chinese pilots are as com- at once that they have failed to stating that they regard it as the fighting of the outrance forming subsidiary companies for should be improved. The Port exploiting and developing the defiance of treaty stipulations. not kept on bourd. It appeared ton waters. I don't know the petent as anyone. The ovidence convince me that the alleged deliberato
Trust will carry out those sng-various proportios in which this from the plaintiff's own statement state of water at Castle Peak or does not necessarily prove nogli- agreemönt was aver made.
The Cabinet Ministers inform-gestions. Now that smooth water Companyis or may become inter It was pointed out that on that he and the mate usually took Chain Rocks, 1 can't say i genre. have followed this prac the vessel out of harbour at 9:30 captain and mate in Chinese own-ice myself on the Yangtsze. If several previous occasions, theed the Viceroy that nogotiations has been secured inside the lar-cated; generally dealing in petro- veloping, or working oil comens- pan. After Capsuing the mato ed bouts keep watch-it is their the vessel wants to anchor-plaintiff's service as mastor had are progressing between the bour the project for building alliferous lands and proving, de
of Foreign Affairs quays luas been taken up.
ious or rights; carrying on the Smuggled Oplum. was busy with the tickets. The duty to do so. The officer keep comes to a station or there is a terminated very suddenly but he Ministry
businoss of oil producers and any The custom officials searched captain remained on deck until ing watch should be in communi-fog then the stain is called. alleges that it did so on ouch ou-and the Portugueso Minister past Castle Peak-for one and cation with the man at the wheel The mate's evidence is porfectly ension by mutand agreement und in Poking over the inatter, three quarters to two hours. After and close to lao telegraph, that consistent with tho opinion he fit any case the defonco is not that as they are afraid that ignorant the Devawongse, which arrivallied businesses; and for the randum of association. The Com that he would chat with passen-is on the bridge. The captain gave in cross examination that the agroomont for twenty-four villagersof Houngslan may break od in Bangkok from Swatow will other objects stated in its memo- gers for twn or three hours being may slip into his room to light the captain is a careful navigator hours notice is a nealorordinary into opon agitation against the 472 deck passengers, and found on deck again at the Chain Rocks, his pipe-in and out at his and attends to his duties in a one but, that it was a special mon- Portuguese, resulting in diplo-about ton taels of opium drossany has acquired the rights, un- ^
concealed in a pillow. A man
ler prospecting licenses, to bore In upon waters the captain stated own risk-they always lo. proper manner." I then put a sure expressly insisted on by the matia complications.
The Viceroy is advised to in-named Joo Lack was taken in for oil in Java and Sumatra and ro at present negotiating with the engineor. wont that he loft the vessel to one of the I
to further question: "If the practice directors because the plaintiff had
view to acquiring further pro- Chineso pilota of whom he carried the bridge to report, and could under Captain Austin was proper, given then trouble on previous struct the civil and military an-chargo. two. These pilots are unlicensed, find noither captain nor mato that diligent and soumanlike why occasions. It is very likely that thorities of Heungshan and Chin-named Bee Seng was arrested for
bang, Juva. merely Chineso sommen with would be a serious dereliction of should it have boon altered on when the directors ongagod the shau to station more soldiers in having five taels of opium pill pertios in the residency of Rem- good local knowledge. Ons of daty. It is a serious thing to bo is dismissal when a new master plaintiff at the request, as they the two places, mid at the same concealed in a secret drawer in his
it, of third party, time to advise the people not to box.
THE MACAO DELIMITA- the pilots who was called as of the bridge when tho vessel is took coin and"? Answer: "I put
wore confor- create trouble with the Portu- Marine Motor Service: he unor way-there would be moro regard the systein under Captain they felt they
TION QUESTION. 12 witness stated that
The prospectus has been issued possossed a coxswain's ertificate. risk in narrow or crowded waters, Austin as a reasonable ond for ring a favour on a man out of gueso. The request has been
They may have complied with by the Viceroy of the Singapore Marino Motor The captain and that the vessel but the principle is the same, voyages of this sort with a vessel employment.
The society for upholding the Servico, Il., for providing a re- THE "TRUEGRA "' COREKAFONDENT] was in charge of the pilot for per- "Now I will confess that when I carrying only two officers. Any thought that under the circum-
Canton, Aug. 1, haps three hours, but that the heard this testimony I thought the regular system of watch and stancos it would be only fair that Maeno dolimitation question has gular, sufe and rapid service of
A rumour is current in Canton mate was knocking about part of case was at an end, and subject watch about on a river boat carry- they should not be bound by the submitted a petition to the Admir-modern motor Inunches for the
But theyalty for the despatch of cruisers harbourand vicinity. Government that H.E. the Viceroy is in receipt, the time. He added that he con-to any rebuting evidence the ingonly a captain and a mate must three months' rule. sidered he did his daty, that he plaintiff nightcall I was prepared be illusory. The mate is on special failed to satisfy me that any such to Macao, as the members of and the Municipality have agreed of an urgent telegram from the followed the custom, and he went give judgment immediately for duty before arriving in part-in reso vation in their favour was the society consider this is the to the oreotion of suitable landing Army Advisory Council request on to state that in fact he himself the defendants. I refused Mr. port he is busy with passengers insisted on by themselves or ns-only solution of the problem. was always in charge of the ship Steavenson leave to call ovidence and cargo. He has many dulios sented to by plaintiff. Plaintif and that it was incorrect to say to prove that the plaintiff's prac-in connection with tickets. It is stoutly denies it and I accept his that the pilot was in charge: Hetics was usual and ordinary with necessary for him to have reason- denial. Possibly the three months' himself was always on the bridge other boats of this type, for if a able time for sleep. I regard it rule is a somewhat one-sided and was in and out the whole timo practice is really wrong and as physically impossible for a man operation. I mean that in the and the pilot never know when indefensible supposo it can with so much to do to keep his passouger trade whore competition
་
TTELBURAPA" CORRESPONDENT
Canton, Aug. 3.
ALLEGED OUTRAGE.
Against Chinese Official.
Another
passenger
jettios and a launch office on the ing His Excelloney to order the pier. It is intended to commence Canton recruits to prepare for with a fleet of six launches, four transference to Houng-shan. It large nud two smaller, but suffi-isreported that this order has been ciont capital is provided to go given in connection with the de- two additional launches on the limitation question with the Manso time system. The launches will Government. The Viceroy is also baronstructed on the most modern notified that a division of troops ments and ample freeboard, and Hupeh to strengthen the army in are to burn kerosine. The fares Canton. proposed are those usually charged
he was going to pop out. The be no defonco merely to provo regular watehion satisfactorily, in keen owners may feel that[THE "TELJAATH" CORRESPONDENT principle, with air-tight compart- will be transferred to Cunton from
!!
Canton, August 3.
CANTON.
THE "TELZOEATH" Cosersrondant }
Canton, August 3. Somodaya ngo, it was rumonred
in Canton that another rising was going to take place on the 2nd Follice, Messrs. Down & Co. inst., but the day passed off with out any sign of trouble. On this 1st inst., almost all the families of THE MANUFACTURING,ho officiis nad of the wilthy
OF EXPLOSIVE.
class were seen leaving' Canton, During those two days, the streels Canton, August 1,
were almost deserted.
arc losing business Chief Engineer's evidence was to that it is usual and provatont. Nor would it tend to efficiency to they theeffect that several times having Finally, however, it seemed to have the captain always on the through soine idiosyncrasy of
master,
the which ut
It is reported that the Deputy to report temporary, breakdowns [me not to be altogether fair to bridge. The system described by a in the machinery he found decide advoræly "to a man in a Captain Austinis perfectly reason- same time gives them no grounds of Foreign Affairs at Paklei has neither the captain nor the mate matter of his professional dutyable and the best possible in all for summary dismissal. Then reported to the Canton Viceroy by sapans, and less than those FEARS OF A RISING IN on the bridge, and he then and competence on the authority the circumstances of the ease." I they are in a dilemma. Payment that the captain of the steamer charged for ste um launches.
Tha proposed capital is reported to the pilot. He stated of a single expert, however skil-am quite propared to accept the down in cash of three months' full Honai is alleged to have ill treated n to mo, when I recalled him, ful, an expert moreover who opinion of Captain Pybus in a salary might be a heavy charge Chinese investigating and detect $75,000, and the estimated profit, that, as the practice was not to came into the ease not with an subject matter in which he is on the earnings of a small local ing official and begged the Viceroy with the launches one-third full. keep watches, he did not trouble independent and quasi judicial thoroughly at home and his steamor. On the other hand if to write to the French Consul to in suflicient to pay a dividend of to call the captain if the latter slatus as an assessor does, but reasons seem to me, as a layman, they give three months' notice they irve the Captain dealt with, and 22 por cont. on this. Directors. was not on the bridge, but re-meroly as a witness called by the good and sufficient. But oven wore may foar that the captain having the steamer's compradore handed M. Meyer, M. Sahl, and Yow Ngan ported to the pilot or whoover other side. I need hardly say I not ready, as I certainly un, to no further occasion to consider over to the Chinese authorities Pan. Seeratories and registered he found there. He proceeded that I am in no way reflecting accept his conclusions, it is clear their interests may do serious in-for punishment.
Itappears that while the steam- "No doubt if I had pushed upon Captaid Jones' impartiality. that if tho matter is left in any jury to their business before the open the swing door, I should I am quite sure that he gave his uncertainty then when two pro- period of notice runs out. I admit er was at Pakhui, the Chinese have found the captain in the evidence with sorupulous fairness, fessional experts differ so widely the difficulty but the remedy is in officiul care acrossa boat suspect- cabin," and again: "If the telo- and he was very careful to state on a matter of professional duty the hands of the owners. They al-od of carrying and solling kid- graph rings the captain is out that he had no local exporionce as do the assessor and the export leged on this occasion an oral mapped persons and assaulted a immediately. Should I want to and did not know the Canton witness in this case it is not com- agreement. If a. master is really boatman by mistake. The captain,
His Excellency the Viceroy hus stop before the telegraph I am waters. I therefore reserved my potent for me to find the plaintiff to ngroo to accept summary witnessing the incident from his out before him." Then comos decision and with the consent of in fault. The burden of justifi- notice, there is no reason what ship, ordered the Chinese official telegraphed to the Ministry of tho male whose evidence the parties have called in the cation boing, of course, on the over why he should not be re-to go aboard. As soon as he was Foreign Affairs regarding the dis does not differ materially assistance of Captain Pylus, defendants, if at the conclusion quired to put his agreemont in aboard the French steamer, hecovery of a large quantity of ex-mined displayed yesterday until from that of the captain. TRN.R., an officer also of very of their case I cannot come to a writing. I luvo suggested that was placed in irons and removed plosive fauul on board the dark, when it was roplacol by the Steamer Kwangwung, In the vertical lights corresponding. It, experience summarise it as follows:-" Sinco great
with conclusion in their favour then course before o shuilar | to the look-up. knowledge of the ovidently they have not done occasion. This is a lengthy the 1st of July when plaintiff loft personal
As the case concerns China's telegram the Viceroy stated that was again hoisted this morning. the ship the (now) captain and I China coast and river service, who what they wore bound to do. But judgment but I wish to have the international rights, is Excul- the Canton officials have boonDuring the night, a very hight kept regular watches. When the moreover lins frequently norved the plon fails for yet another facts and my findings on them loney the Canton Viceroy as able to trace out, the manufactur-wint prevailed, accompanied by plaintiff was there there were no on Marine Boards of Enquiry. I reason. I have no doubt that the clearly set out in the event of an instructed the Diplomatic Com- ing place of these explosives and hovy rain squalls. No serious. rogular watches. I novor kept am infinitely obliged to him for pretice on local river boats is appeal. As the defendants' two missionor to open negotiations they were much surprised to damage has been reported in the fini that This contraband, police. Some of the small pri strict watch undor the plaintiff. is trouble and for the assistance exactly what the plaintiff said it pleas have broken down if follows with the French Consul."
which is prohibited by interna-vate launchin the water" front Plaintiff nover kept watches in ho has given mo. I proceeded as was with regard to the keeping that the plaintif must havo
tional bws, should have been sustainol slight damage from the opon walor. The enplein said I follows: first read over the of watch and the responsibility judgment. Threo months' salary
The boisterous waves. This morning. Mr. Koir Hardio says that the smuggled into Canton, nood not keep regular watch-it part of each witness' evidence of the pilot. My assessor so he is entitled to. As to the was not necosaury, In cross ex-relevant on this point and then holds and I am rondy to agree quartora ho ie not out of Peor Coronation robos reminded Viceroy asked the Ministry to the galo still continued to raga amination he said that the captain put my questions to Captain with lum. I have also no pocket through the disminsal him of the Roman toga. As a notify the Diplomatic Body to and the harbour was deserted hy was a careful navigator and Pybus." As to the plaintiff's doubt that the plaintiff ran as he had this payment to peer's role and the Itoman toga write to their rospective Govern- all the miling craft and most of. attended to his duties in a proper evidence as to the duties loft to his ship on these very limos from make while still in the plaintiffs' are entirely different in colour,ments to prohibit the merchants the launches, seeking shelter in manner. The next witness was the the Chinese pilots and the course the date of his appointment as service. I disallow this part of ulipo, and the way in which they from supplying this contraband the typhoon refuge. The sailings second pilot. This man was from of himself and the mato I put the mastor in March 1910. Nor can the claim. But the point was not are worn, you scont once the point to Chinese anarchists in defines of some of the river steamers were
alas interfered with, ton to twenty days on the ship questions (1) Does this describe I have steth lea doubt that his argued and I am willing to hear of resemblance,
$7>-
ก
+
"of the international faws.
Last Night's Storm, The block typhoon .cone ro.