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THE HONGKONG TELEGRAPH,
LOCAL JOURNALIST'S CLAIM.
"REASONABLE NOTICE" QUESTION RAISED.
The hearing was concluded yes. terday in which Mr. H. C. W. Cooper, formerly senior sub-editor on the staff of the Newspaper Enterprise, Ltd., now residing in Cameron Road, Kowloon, sued his former employer claiming $1,000, damages and alleging he had been dismissed without reasonable netice.
[
WEDNESDAY, JUNE 5, 1929.
AFGHAN SITUATION. MEXICAN CIVIL WAR.
IN THE NORTH
DEATH OF A REBELLIOUS
HABIBULLAH OCCUPIES
KANDAHAR.
Simla, June 4 message from Afghanistan saya l'abibullah's foreca occupied Kan dabar, Ainanullah's late headquar ters, without opposition and without
bloodshed.--Reuter
Į GENERAL ANNOUNCED,
Mexico City, June 4,
Seventy of his followers died with him.
: ייי
· REAL FIGHTING" MAY COMMENCE SOON.
Taking, June 1. A message from Chepultepec Regarding the Hankow report as Castle anys General Enrique to his activities on Junio 8, Fang
chiel of Goroxtieta, the
the Chen-wu to-day wired to his office Christeros, whose battlecry In hero completely denying that his "Long live Christ the King" was forces have even come into con killed in a fight with Federal tact with Sun Liang-cheng at troops.
Tangshan. He states that his only. and that they were entirely dit-
troops in that aron are still at ferent. He knew what he was do
Hauchowfu, and have not pro Ing when he engaged Mr. Cooper Goroztieta's army had long unused ceeded to Tangahan; which is as a sub-editor reporter.|| trouble in the Jalisco district-borne cut by reports from Tsinan. Mr. Donaldson Questioned.
Continuing to answer further Reuter's "American Service.
Yen Hashan has returned to Mr. Donaldson was called at questions, Mr. Barnett said he had
Taiyuanfu, from Yuncheng, having the request of Mr. Arculli and In re- been in the newspaper business for
failed to lure Feng Yu-halang ply to questions he said that about 27 years in Hongkong He
thorities state that fighting cannot he was formerly on the staff of the started with the South China Morn can always protect ourselves if they from Honan. Local military au Daily Press without an agreeing Post when the paper was first are not good men.
Mr. Watson said the only reason longer be delayed. ment. When he left he did not published, some. 25 years ago. He
Ma Ting-halang the Moham think that he gave any notice at then commenced as a reporter and he made the point was because the all. Probably he
gave a month. went through the various phases fact that a passage was provided medan leader from Ninghala has He did not give six months' notice. such as reporting, sub-editing and for in Mr. Cooper's agreement was arrived. He will shortly be pro Answering Mr. Watson, Mr. the business side. He then went incompatible with Mr. Burnett's ceeding to Talyuanfu to 800 Yen to Cairo and on returning took suggestion that Mr. Couper was a Hai-shan, with whom it la expect. Donaldson said he had been unwell
ed he will co-operate against Feng) Mr. Burnett then asked Mr. Wat-Reuter, and had been doing wo much night charge of the Hongkong Telegraph locally engaged man,
for Dr. Noble, When the Telegraph work. He found it necessary to have day work so Mr. O. T. Brake was sold to the Post he took charge on how he would defne Mr. Cooper's angagement, to which Mr.) spear took that into consideration of the China Mfall and started the Watson said that a man who was concluding address. He said that in accepting his notice. It had no Sunday Herald in 1924.
Laken on locally would be free to go although Mr. Cooper was nominally reference to the legal rights of
Change in Office.
anywhere he liked. with no under: either party.
Mr. Burnett agreed that the taking to send him to England or engaged as a sub-editor reporter he was really engaged to do the work situation in the office had alightly anywhere else.
of a sub-editor. The trouble was changed after Mr. Macdonald and
so intermingled that it was difficult Mr. G. W. G. Burnett then gave Mr. Dobble left but maintained
that the work of the two grades was evidence. He said that he was the that the old agreement was carried
to draw a line of difference. The managing director of the News- on. He agreed that Mr. Cooper
Customary Notice." case for the defence was, that l paper Enterprise. He was manag: had performed the work of a sub-
Mr Barrelt has said it is. Can though Mr. Cooper started as a sub- Ing editor of the China Mail and editor from the day when he start-you give any reason why it should editor-reporter he was doing moro the Sunday Herald. The Overlanded in August, 1927. Mr. Burnett not apply here as well as in Eng- or less the work of a sub-editor and China Mail was a combination of also agreed that after Mr. Dobbie land? euppose it is the custom,sofar as the work had changed the China Mail,
left, Mr. Cooper never did outside His Lordship put the question it was contended by the defence He continued that in June, 1927, work except in a case of emergency. Again and Mr. Burnett replied that that the agreement stood. Addi- Mr. Cooper approached him and Mr. Burnett concurred with the three months' seemed to be the tional pay was given and additional' asked him for a job. He was suggestion that the change was custom here. He know other news-work was done without prejudice to given a trial as a reporter at a best described as ceasing to be a papers had clauses In agreements the agreement.
Whether or not the agreement Balary of $300 a month. Finding sub-editor-reporter and becoming providing for three months' notice. him to be satisfactory, Mr. Burnett said they entered into an agreement to engage Mr.. Cooper as a sub-editor for four years. In meking out the agreement Mr. Burnell stated he added the word reperien When Mr. Cooper start- ed work under the agreement on August 1, 1927, he was doing the work of a sub-editor and also went out reporting when called upon to do so. He had never refused to go out and report at any time,
Mr. Barnett's Evidence.
Mr. Watson-Do you agree that six months' notice is a reasonable time?I have had no experience,
the
a sub-editor, but he did not agree Probably, he sald, the custom had was in force, he would say it was that as a sub-editor Mr. Cooper grown because of the influx and the custom In Hongkong that where no agreement, a sub- was entitled to more than three exit of wasters, although he wish- there was months' notice.
ed it to be understood that he was editor was only entitled to three Mr. Watson put it to Mr.not making, such Imputations months' notice in the case of locally Burnett that as the contract was against Mr. Cooper.
engaged men. In the case of a I'ressed on
point, Mr. man briwent out from England, he based on the work. Mr. Cooper had to do and his status had changed to Burnett confessed he was not able would probably have more notice, but they were not concerned, with a higher level, the agreement "went to give a reason overboard." Mr. Burnett did not
that. Mr. Cooper was engaged in agree but he concurred that when
Hongkong and was only entitled to Mr. Cooper joined the staff he was
three months' notice. No. 4 but when he left he was No, 1, the senior sub-cditor,
•
Solicitor Consulted.
His Lordship explained the posi- tion to Mr. Burnett and asked:- Are you prepared to agree that the
Mr. Watson suggested to Mr. Burnett that at least as much notice should be given in Hongkong as at Home. If anything, more notice was required because of the time taken in getting men out.
Mr. Burnett did not reply to this.
Mr. Burnell's Work.
Contract Rescinded.
Mr. Dobbie was doing a great
In addressing his Lordship, Mr. deal of Herald work. He and Mr.
Watson quoted from authorlifes to Cooper wrote the leaders while
eatablish that the only inference to Mr. Wal Po-cheung also contributed
be drawn from the evidence was leaders on Chinese matters. The
The next witness for the defence that the contract was rescinded, a office diary was entered up and
was Mr. Wai Po-cheung, who said point, which, he submitted, had not marked by Mr. Cooper but it had agreement is no longer to be re-that he was a reporter and special been challenged by. Mr. Arculli, A to receive Mr. Burnett's sanctioned on?-I think must every day.
Salary Increased.
Under the agreement
Mr.
Cooper's starting salary was $850
hesitate before taking that answer and gave leave to Mr. Burnett to consult Mr. Arcull on the point.
On re-entering the witness box, Mr. Burnett said he would still rely
on the old agreement.
Mr. Watson:--If you take a mani an at one job and you change his We job to something else, the agreement agreement is based on the job the has gone because everything in the man is taking?
a month and this was raised to $376 in January, 1928. This early increase was given because he was working well and. financial difficulties: Nothing was said at any time as to the cancella- tion of the agreement and it was never suggested that the inerer se in sulary before the Arst year was out would prejudice the agreement
His Lordships he would correspondent employed by the de-written agreement, such as the fendant. He sald that when Mr. one in question, could not be varied Cooper foined the staff he was be power or acts and the defence doing a sub-editor's work. On had to rely on the existing agree- June 15 witness went to America ment in toto,
He submitted it was quite clear" and did not return until October.
stated He further
that Mr. that the agreement had been Burnett was the editor of the Mail abrogated by the partles. Mr. and Herald, He directed the Cooper joined the naper as 'No, 4 policies of the papers and supervised and finished as No. 1, meaning he also supervised started at an inferior job and finish- generally, Ile copy. Leading articles were ed as senior sub-editor. written by different people. Mr.
Judgment Reserved. Burnett did not write leaders but]
If his Lordship found that the Replying to his Lordship, Mr. he saw them before they appeared agreement had been replaced he Burnett stated that at present ha contained a classe undertoking to by a general biring which must end in print. Witness's agreement should find its place had been taken had only one man engaged from When Mr. Dobble left Mr. Home, this being Mr. Wilson in the pay his passage to London with the current year, provided Cooper and Mr. Wai Po-cheting business department. All his ditional upon his completing the shared the duties, Mr., Cooper then editorial men were locally engaged, agreement and signing a new agree, there was no stipulation to the con- interesting himself mere in the Mr. Dobbie 'had no provision for a Hongkong and was engaged here to six months' notice in England, wark of the Sunday Herald. It passage Home but there were much was entirely untrue that Mr. Cooper clauses for Mr. Donaldson and Mr. agreed that subject to Mr. Burnett certainly ought not to be less in!
in any way.
was in sole charge of the paper after Mr. Dobbie Jeft.
Leading articles, notes, and other matters of importance were ap proved by Mr. Burnett before they appeared in the paper. It was not true when Mr. Cooper anid that Mr. Burnett was never in the of fee in the afternoons,
Three Months Reasonable,
'Mr. Burneit gave details of the manner in which he edited the newspapers and went on to say that reasonable and proper notice for in locally engaged man was three months and not six months as Mr. Barrett and Mr. Donaldson had stated. If six months was rea- sonable and proper it would have been contained in the agreement.
Mr. Burnett dented he had over offered a share in the business to Mr. Cooper.
Cross-examined by Mr. Watson, Mr. Burnett agreed that there was a difference in grade between a sub- editor-reporter and a sub-editor
Mr. Burnett did not agree.
Wat Po-cheung,
Passages Home..
Mr. Watson. Is it usual to give passages to locally engaged men?
con-
born intrary. If a sub-editor was entitled ment, although he was
Replying to Mr. Watson, Mr. Wai and if it was a reasonable time, It Mr. Cooper was senior sub-editor be more in view of the extra time Hongkong. If anything it should
when he left,
taken to obtain men. Mr. Cooper could not get another job here but he could do so if he was at Home.
His Lordship reserved judgment.
Final Addresses, That closed the case for the de- If they prove their worth. We fence and Mr. Arculll delivered his
A MAN CAN FORGIVE ~ BUT CAN HE
EVER FORGET A WOMAN'S PAST ?
JOHN GILBERT
SHOWING...
AT THE
QUEEN'S
in Man,
Woman And Sin
TO-MORROW TO SATURDAY
A Record by HIS MAJESTY The KING! A Living Record oft His Majesty's Voice COLUMBIA are privileged
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The Spe
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