ARMS SEIZED.

'ON CANTON RIVER

STEAMER,

PEAK TRAM CASE.

SOLICITOR PROTESTS AGAINST "JUDGMENT":

TUESDAY, MAY 6, 1924.

THE

HONGKONG TELEGRAPH)

STRUCK OUT.

THE DAIRY

JUST ARRIVED!

COURT HAS NO JURISDIO- TION.

thi

J. H.

Montion was made, before Mr.

Judgment was given by tho! 1. E. Lindsoll at the Polloo Court thie morning, of a big arms

The case in which a ticket Pulsno Jutge (Mr. A. Dyer Ball) seizure made on board the Canton collector named Li Sul, formerly in the SummaryCourt stoamor Kinslian before its de-jin the smploy of the Foak Tram-morning, in the esso in which parture from the Hongkong way Company, is sooking to Mrs. Su Wai-loung, of Holly wharf yesterday morning. Ro recover $63 from the Company in wood Road, sued Mr. venue Officers searching the coal lieu of a month's wages, on the Soth, of Meats, Percy Smith. Fleming, who.is bunkors found a Hack containing grounds of wrongful dismissal, Seth and Hevon &-chambered revolvere and was again before the Puisno the Receiver appointed by the 、. 2,024 rounds of ommunition. Judge (Mr. A. Dyer Ball-this Court for the catato of Wei A. loung docessed, for the, establish- In consequence of the Buizura, morning.

ment of her titlo as losseo of the a fireman was charged before tho

Court for possession of these arins, whilst a warrant is also out for the apprehension of another froman who has absconded.

Hearing of the casa meanwhile was held over for a week on the application of Datuctive spec tor Pincott.

CONSTRUCTION CO. SUED.

FOREMAN CLAIMS

DAMAGES.

ས་

Mr. F. C. Macnamara apposred

for the Company and Mr. M. K. rat floor of No. 55, Hollywood

Road, and to recover the rents: Lo for the defendant.

thereof.

His Honour said he had con-

sidered the point as to whether dismissing the plaintiff without the Company was justified in notice and without pay in lieu of notice. Ho found that the plain tiff did not report himself for duty on Fobruary 28th., but that he sent a messenger to Mr. Scott, the Superintendoat, explaining,

the

It will bo remembered that at hearing, Mr. W. 3. dofendant, raised the question of appeared for tho Hind, who

the Summary Court's Jurisdiction. to try the case, long legalargu- monta onsning. Mr. Armstrong of Messrs. Deacons, appeared for the plaintiff.

This morning, his Honour said that he could not turn up. The that he had vory ourofully con- momonger interproted Mr. Scott sidored the arguments regarding The Hongkong Engineering as saying "all right" and he, the Court's jurisdiction and he and Construction Co., Ltd., wore the Pulsne Judge, thought tho had come to the conclusion that; the defondunts in an action which plaintiff was justified in assum-the Court had no jurisdiction came before the Puame Judging he thus had permission to over a claim of that nature. The (Mr. A. Dyor Ball) in the Sup-stay away. Plaintiff turned up Court was, therefore, not called mary Court this moning. Ho on March 2nd. Defendants had upon to give a decision, and tho Man-hang, of 10, Burrows Stroot, not discharged thoir onus of case would be struck out. formerly employed by the Comproving that they, were justified pany as foreman, sued for $200, being $100 due as salary for the month of March, and $100 in lieu of notice.

Mr. C. A. 5. Russ, appeared for the plaintiff, and Mr. H. Macnamara appoared to defend.

In opening the case, Mr. Russ stated that plaintiff was employ ed as a foreman in Decoinber last

month

FERRY TICKET

DISPUTE.

MAGISTRATE GIVES UT

in dismissing the plaintiff with- out notice, and judgment would o given for plaintiff accordingly: Mr. Macnamara protested aga-i inst judgmont having boọn given before he had been called upon to reply to Mr. Lo's arguments. He

Baid ho had assumed, | until then, that his Lordship was before Mr. E. W. Hamilton, at the in his favour. fle hal nover Kowloon Magistracy this mom-

PUZZLE.

A Chinese doctor was charged

the Yaumati forry without pay-

Yaumati Ferry Company. Nash prosecuted on behalf of the

at a salary of $80 for the first waived his right of, reply and in with attempting to travel on and $100 por month should have boon given an oping the legal fare. Mr. F. B. following if his services were portunity. found to be satisfactory. The His Lordship exprossud regret salary was, accordingly, incroas- of he had doprived Mr. Mac-

A ticket collector stated that ander the impression that Mr dant attempled to travel by nomura of any right. He was

at 3 p.m. yesterday dofon- Macnamara did not wish to make the ferry with a falso ticket. Maemaniara any opprtunity he a reply. Ho would givo Mr.

dosirod.

ed and he continued to ba foreinan

ovor about 200 mon. One day in March ho was summarily dis- missed without notice. It was onl the defendants to prove that they wora justified in their action.

Mr. Macnamara, who admitted tho onus of proof, said the

was given to him by a woman, Defondant said that the ticket

whose daughter ho had cured. He could not read and therefore the company could only be used

Company relied for justification in a very difficult position after did not know that the tickets of}

laid "bout it.

upon tho piglutiff's nuglig-

had boon. down by Halsbury that

onco,

on the day of jesuni

'there is good ground for the reason why I should not be con- stated that she did give defen-1

dismissal of a servant if he is

The woiuan was called and she, cant the ticket., but she had got it

from her son.

Mr. Macnamara: It places in you have made up your mind His Lordship:-There is no

vinced by your arguments.

Mr. Lo said he had understood habitually neglectful in respect all along that argumenta wore of the duties for which he was closed. All the material facts engaged, but not for any isolated and-points had been given to the instance of neglect unless attend-Court, and he did not know that His Worship said that he could ed by serious consequencos." Mr. Macnamara wished to was on the latter part of that address the Court further. paragraph that the defondants. Mr. Macnamara maintained wore relying. Plaintiff was that he had never waived his foreman in charge of over 130 people working on n Government right to reply, neither had he givon any indication which could

clauses and it WAN

school mate gave it to him.

The small boy said that A

not go further down the chain and therefore discharged the de- fondaut.

CORRESPONDENCE,

(To the Editor of the Hongkong} Totograph."

The Rent Problem.

tho

contract in connection with lead anyone to suppose that he Kowloon wator. works. The wished to. 'contrael -contained penulty His Lordship said that a good ossontial deal of argument took place at that the work should be the hearing, but admitted that completed before the rainy sea- Mr. Macnamara had not, formal-

"Sir, Knowing that son sot in. Part of plaintiff's ly, boon asked whether ho wished Zelryraph has always champion- dalies was to keep the workmen to reply. He (his Lordship) wased the cause of Hongkong's dis- at their work, but it would be quite willing that Mr. Macnamara tressed tenants, I should thank proved that one of the Company's should be given a chance to ad- you to take up again the question Inspectors visited the site during dress the Court, if ho so wished, of a Fair Rents Bourd for the working hours and found plaintiff The "judgment" he had just Colony.

asleep on a bed in a matshod-if given could be taken as an ox- It is so niany years now since not asloop, then certainly lying pression of his opinion so far as the Rents Ordinance was first down. The work was not being the case fund already gone. He introduced, and so many new done with proper dispatch. It was quite open to be convinced houses have boon built, that would be proved that plaintif by any argument that might be gradually most of the populace had proviously been warned

ars having to pay extortionate put to him. about not kooping the mon busy, The case was accordingly nd-rents. Only those who live in and that his neglect of duty hadjourned in order to give Mr. old houses are getting the benefit caused material damage to the Macnamara an opportunity to of the Ronts Ordinance. Would

· Company.

not a Fair Ronts Board bo tho bost, after all?

Sincerely yours,

Hongkong, May 5th, 1924.

COMPANY REPORT,

CANTON INSURANCE OFFICE, LTD.

address the Court.

LAWN TENNIS.

4

JAPANESE OLYMPIC PLAYER ILL.

TENANT.

Mr Calling, the Company's onginaer, went into the box. Ho said on the day in question at two o'clock he could not find the| plaintiff on the works. He saw a boy in front of a matshed and; on sooing witness ho ran inside.. Witness quickly followed and saw plaintiff getting off a bod. The time koopor was with him. Plaintiff was rubbing his ovos. · Local tonuis enthusiasts were and looked as if he had boon to keonly looking forward

The General Agents and Con. Blocp.

ulting Committoo of the above match which had, boon arranged Company report as follows for Cross-examined, witness said for this evening on the 11.K.C.C. the year ending 31st December, the man was not asleep, nor was

ground in which Ohta (1923- the tim's keeper.

to

Mr. Russ read from a letter Honda.(the local champion) were an interim dividend of $18 por Japanese Olympic player) and T. 1922 Account. After paying from the Company discharging to most R. E. Worthington and share on 10th May, 1923, tho the time koopor, in which it was Ng Szo-kwong. Unhappily, amount standing to the credit of said that Mr. Cutting had reported however, the fixturous boon this Account is $1,188,319.45. the man for being asleep. Wit-cancelled, owing to the illness of nose admitted so reporting him.

This it is rasolved to deal with Ohta, who is suffering from some in the following manner Mr. Russ: You reported both internal trouble and has been To. pay a final divid men. for being asleep and they removed to hospital hero in order were discharged for boing asleep. to undergo an operation. Do you consider It fair to. roport

a man for boing asleep when ho

was not?

THE TOURNAMENT. Although the prizes have boon Witness-That does not come prosented for the finished events into it. I discharged him for in the Hongkong C. C. tourne- neglecting his duty.

mont, there are still one or two

16

T

and of $22 por share $220,000.00 add to Storling Re

serve Fund £25,000: 215,246,64

add to Roinsuranco- Fund...

250,000.00

add to Underwriting Suspenso Account to close the year 1922... 503,072.81

$1,188,319.45

1923 Account, Tho, amount

Mr. Russ submitted that be ties to be played off. Last oven- had no caso to answer: It was ing, in the semi-final of the Club all very nebulous. The man was Championship, Forstor boat found in the shed, but there was Henderson by 6-1, 1-6, 6-4, 6-1 standing at credit of this Account no evidence to show that he had and will now moot Worthington $2,120,023.63. Out of this the ordore not to go to the shed. in the final. The winner will Gonoral Agonte and Consulting Thote was no evidence that the play S. E. Green, the holder.

Committee have doolared employer was 'damnified in any The Mixed Doubles avont has interim dividend of $18 por sharo way and also the inda was not yet to be finished, but no definito absorbing $180,000.00. The balance asleor..

arrangemency #herefor, have yet of $1,940,925.63 will be carried The case was than adjourned been made.

forward. for Mr. Macnamara's reply,

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