LEAVE TO APPEAL GRANTED.
JOURNALIST'S CASE, IN COURT.
L
QUESTION WHETHER AGREE-
MENT TERMINATED.
THE HONGKONG TELEGRAPH,
PUPPY LICENSING MUDDLE.
REGULATIONS CONFLICT WITH
DOGS ORDINANCE.
COURT REFUNDS FINES
werd
MUSICAL JOTTINGS.
A Local Composition: Water- Shortage Symphony--Description of an Amazing Work.
[BY "ALLEGRO."]
THURSDAY, "JULY 11, 1929.
THEFT OF PRAM IN PARIS TO CANTON
KOWLOON,
HAWKER DISCHARGED FOR LACK OF EVIDENCE,
MATTER OF IDENTITY.
We have often heard of the efforts grammes having been devoted to of local composers, whole pre- works ranging from trios and Mr. T. S. Whyte Smith, at the Kow- A maring hawker appeared before sonatas to piano transcriptions of loon Magistracy this morning, on Chinese music. But all previous charge of larceny of a'perambula- accomplishments will pale into in-tor from the doorway of No. 24, the somewhat futuristic Symphony Mrs. P. Larcombe. significance when compared with Carnarvon Road, the residence of
#
FLIGHT.
ARRIVAL OF FRENCH AVIATORS.
NO-ONE TO MEET THEM AT TAI SHA TAU FIELD:
for Augmented Orchestra that has
CABLE ADVICE · DELAY. just been completed by one of our
The defendant'ploaded not guilty. most talented local muslelans. This mentioned that the defendant pur- Detective Sergeant Humphrey's His Worship addressing Ser-Symphony has a definite inspira- chased
Shameen, July 10. geant Reidy, said that with refer- tion-the water shortage in Hong Larcombe's son on Tuesday after-mander
Interviewed by your correspon- ence to the finck be had imposed kong-and the present writer 18 noon and during the sale the de- Arrachart,
some bottles from Ars. dent, the French aviators, Con- last week on dok owners who privileged in having been made fendant, seeing the perambulator expectedly from Hanoi yesterday Rignot Rad Captain were charged with keeping the acquainted with the inner meaning in the hail, asked if it were broken afternoon, were especially high in who arrived uu- animals without thought it was absolutely clear which are to be heard in the course ant's son replied that it was not for which they have made their long Heonces, he of many of the bizarre effects and for disposal. The complain- the praise of the machine in that a puppy did not require to be of the work, Heensed until it was three months
sale. old.
fight from Paris,
Contradictions, in the Dogs' Ordinance of 1927 and the Regula tions under the Ordinance were emphasised by Mr. T. S. Whyte Smith, at the Kowloon Magistracy APPELLANT'S POINTS. posed on several defendants last this morning, when the fines in week in connexion with keeping Leave to appeal against the de- dogs without licences cision of the Prisne Judge in the funded.
re- case in which Mr. Harry, Cooper claimed $1,000 from the News paper Enterprise, Ltd,, for alleged wrongful dismissal, was granted by the Full Court this morning,
Judgment was given in the case on June 10 this year, when Mr. Justice Wood found for the defen- dant Company with costs, holding that at all material times it was the intention of the parties that the His Worship pointed out that the original contract should still func-Dogs' Ordinance of 1927 defined tion between them.
a dog ng any male or female The application for leave to dog.
That was all very well, appeal was heard this morning by added his Worship, who then point the Chief Justice (Sir Henry Goled out that a Regulation under the Jan), and the Puisuo Judge (Mr. Ordinance made it an offence for Justice Wood) and was made by any person to keep an unlicensed Mr. F. G. Jenkin, Instrueled by dog over the age of three months. Mr. M. M. Watson, solicitor for the appellant,
Beyond Time,
the affidavit.
|
Their Lordships accordingly ex- tended the time to June 11,
His Worship considered that the matter was absolutely clear. The Regulation dealt specifically with licensing and it held that a dog did not requira, to be Heensed until three months old.
Ridiculous Iden.
Daugias Ganey, aged 6, to take the Later, the defendant was seen by perambulator away. He thought it was being taken for repairs, but, on discovering Inter that it had been stolen, he immediately in formed the complainant of what
The composer, whose name must remain secret for the present, has several works to his credit, as well as to his debit. They include such diverse compositions as a Trio in Tico Halves for Jew's Harps and Motor Horn and a Bunny-lug Fox Trot entitled Just You and Me in A Flat. He has also written several he had scen. songs, the longest of which,
"Furroies on my Darling's Fore- head," luas not yet bean sung as it awaits a Galli-Curel who can sing Bass B.
About
an hour later, the defendant returned to the vicinity and was pointed out. He was then arrested by an Indian con- stable.
"
་་
INVESTITURE AT UNIVERSITY.
TO-MORROW AFTERNOON'S
CEREMONY.
weeks in
have flown by ensy stages to Canton.
Leaving Paris on May 24th, they They spent over two They have not had a single un- fortunate Incident during the French Indo-China,
whole of their trip, both the machine and the engine having behaved splendidly, their only worry being a fair measure of bad weather.
Heavy Storms.
The airmen were not expected at Tai Sha Tau at all yesterday, the cable from Ilanoi announcing their departure arriving several hours after the fliers.
Unfortunately, it was a Chinese Government holiday, being the third anniversary of the departure, from Canton of the Northern, Punitive Expedition under Marshal Chiang Kai-shek; and there was practieally no one on the aviation field with the excep tion of a few soldiers and non- commissioned officers.
This new Symphony, in addition, Mr. Jenkin said his first applica-
to being scored for ordinary or tion was for liberty to apply for
chestra, contains parts specially
The light from Hanoi lo Can- After hearing the case hielon was made in exactly five hours leave to appeal, notwithstanding
written for buckets and kerosene Worship and there the fact that the seven days' notice
W33 In- and WAB entirely tins, and at its first performance sufficient evidence on At the time when the fines were it will be conductel with a divining convict. He pointed out that al-tween Kwang Chow Wan and provided for the Summary Jurisdic
uneventful which to except for very heavy storms be- tion Ordinance had been passed, imposed, his Worship sald, he rod.
though he did not doubt that the Canton. In support of that, an affidavit had thought it was ridiculous that when-
witnesses had been telling the Tui Sha Tau was very wet, and The landing ground at been led by Mr. Tlason, who took | gyer a litter of puppies was born over the case during the absence the owner should have to rush out scene at a street fountain, au agitata might have been an error in their spray of water far above the The first movement represents a truth, they were youthful and there the aeroplane in landing went up of Mr. Watson. The circumstances and get leenees,* under which Mr. Tinson did not filè | His Worship said that he pro- sg before' us
theme for violins and flutes bring-Identification. the application for leave to appeal posed to cancel the fines and the bickering of the hapless women and the arguing and
wings and completely soaked the The defendant was discharged. airmen and the machine. until after the expiration of the money would be refunded. He coolien waiting their turn in the prescribed perind was set out in thought he should point out, how-quese, A
solemn Janguishing ever, as a sort of warning that al- melody is brought out by the though the Regulation of three kerosene tins and harp, accom months applied to licensing, it did panied by atop-cocks. Presently not apply to muzzling or the im- the bassoons, in
FO cannon-lice portation of dogar
The mistake, continued his Wor-Sikh policeman, presaging changes passage, herald the arrival of the ship, was pointed out to him by In Chief Inspector Paterson, of the changes which the following section the prevailing sentiment- Police Training School, and hin of the movemont revent, The codn Worship was indebted to him for portrays a
An investitute of three of the fierce squabble, with gentlemen whose names figured in angry chromatic figures, in which the King's Birthday Honours List the entire orchestra reaches climax, terrible in its
ain to take place in the Great Hall and sheer power.
intensity of the Hongkong University to- morrow afternoon, the, ceremony to take place at 5. p.m. symbolical of one of the saddest out by II.E. the Governor, who will second movement 18 The investiture will be carried of life's tragedies,
The aeroplane landed safely, but the allent be accompanied by Lady Clementi. It was nearly three hours before Pumping Station. There is no
The gentlemen to he invested the airmen, who do not speak any (Continued on Page 8) are Mr. Li Yau-taun, C.B.E. (who English, were able to get into will be supported by the Hon. Mr. touch with either the Chinese existence, and the other with it not. T. Creasy, C.B.E., and the Hon. Authorities in the city or the being in existence, He said he Sir Joseph Kemp, KC., C.B.E.) French Consul on Shamoen. would argue that the first agree- Lieut.-Col. L. G. Bird, D.S.0.tually they landed at Tai Sha Tau ment had ceased and a new one had 0.B., (supported by Mr. C. A. at 1 o'clock, but their arrival was been made.
Manners, O.B.E., and Major Will not known on Shameen until Sir Henry Gollan asked Mr. Jenson, O.B.E.); and Mr. P. Julyan, o'clock. kin if he contended that if the 1.5.0. (supported by Mr. Reed, clause started to function once the 1.8.0., and Mr. Dixon, I.8.0.). agreement had been changed, then would still apply if the defendant remained for five years with the
it.
Dealing with his application for leave to appeal, Mr. Jenkin said the appellant was employed by the Newspaper Enterprise, Ltd., as a sub-editor-reporter under a written contract dated July 7, 1927. The contract was for a term of four yours and under the contract the appellant was to get a salary for Mrs. J. P. Xavier was the first the first your of $350 as from of the defendants to be called. August 1, 1927, when his service His Worship, addressing her, said was to commence to run.. His that she had only been cautioned. duties were set out in the second She should not have bem caution- clause of the agreement and the fed, and the caution would there; salary was Hel out in the third fore, be withdrawn. clause, It would be seen that for the first year he was to receive $350, for the second $400, for the third $425 and for the fourth and list year $150.
Lady's Complaint.
When Mrs. J. F. Een de Silva, of No. 9, Austin Itond, was In- formed that her fine of $5 would be refunded. she complained that the Sergeant should not hava given her the trouble of having to attend Court twice.
Question of Notice. The next material clause was the sixth, which provided that it should be lawful for either party His Worship:-We all make to determine the contract, by three four mistakes.
eighth clause
WA
The
defendant?
* 麒
ין
Tea will subsequently be served, during which the band of the K.O.S.B. will play selections.
Three-Hour Delay.
Ac-
4
months' notice in writing. The Mrs. de Silva: He ought to
Nevertheless they expressed en- n restrictive know the Regulations better.
At the 'conclusion of the Inves-ments made for their machine al tire satisfnetion with the arrange- convenant which purported to Mr. Alexander, of 37,, Granville
titure of Mr. Julyan, H., the Tai Sha Tau. bind the employee for five years Road, was informed that he would
Governor will intimate the absenc afer the determination of the have the $2 impom on a female
of Mr. Cheng Cheuk-hin, who was agreement from engaging in they refunded, but the fine of strictive covenant precluded the count of illness,
Mr. Jenkin replied that the re-also to have been invested, on ac-with Renault motor, specially ar- Their machine is a Breguet 19 profession in Hongkong.
$5 which was for a fully-grown appellant from partaking in the Soon after the agreement com-female dog would have to stand, profession in Hongkong. He might
ranged for Jong distance flights, The machine, with a full load of meneed to run, the appellant had| Mr. Cassum Ahmed, of No. 64. leave the defendant firm and the
petrol for taking off weighs 5% his salary raised from $350 to Nathan Road, also had 2 refund-restrictive covenant would start to $100, notwithstanding the terms
tona. The airmen say that the ed to him. of the agreement, and by April 1,
apply. He could go back to them,
ground at Tai Sha Tau is some- however. Mr. Jenkin contended 1928- that
What on the small side for taking Was within eight months of the date from which the Mr. H. Goldenburg, who
The remand anomens against next five years even if the appellant that the clause would persist for the agreement run-he' got another charged with keeping a Japanese
was had a new agreement. rise to $450. Therefore in the poodle without eight months he was getting again mentioned. The defendant, Court gave leave to appeal.
Sir Henry Gollan said an argo- A licence, was able point had been raised, and the salary which under the agreement who was last week stated to have. he was not entitled to nutil he had a licence, this morning pro-: fourth year. In keeping with duced one which he said was taken that rapid rise, he was given the out on the morning the duties of sub-editor of the News visited the lionse,
police paper Enterprise journals.
Common Ground,
It was common ground before the learned trial Judge that the
Poodle Comes, Home,
He mentioned that the dog, which was about three years old, had been given to him some four months ago, but he later lost the
about three weeks ago,
difference between a sub-editor reanimal, which turned up again porter and a sub-editor was be yond question and that it is clear- ly delineated.
The appellant commenced his service on August 1, 1927, and on December 28, 1928, he was given three months notice by his employers. That notice was to terminate at the end of March. At the time of the notice, he was getting $450 per month.
The appellant contended before the trial Judge that he was en- titled to six months' notice and that the written agreement had censed to function, that its place had been taken by a verbal agree- ment of service, and that under it he was entitled to six months notice.
Two Main Issues. There were, therefore, two main questions. The first was whether or not the agreement had really gone by the boards; and the second was that, If so, what, under the new agreement, would be reasonable notice'
It would appear from the notes and the judgment of the trial Judge, continued Mr. Jonkin, that there was no question in his mind that all the witnesses were truth-, ful, and therefore his duty was to draw the proper inforence. from the evidence of those witnesses.
In reply to his Worship, defen- dant said he had only had the dog, for a few days before it is- appeared and did not have the time to get a licence then. When it returned, he had asked his brother to get a licence, but ow- ing to business he had delayed it) for one day.
His Worship registered a cau- tion.
A new summons against Mr. T. A. V. Ribeiro, who was charged with keeping two dogs without
eences, was dismissed on the defendant informing the Court that both animals were under three months old.
His Worship pointed out to Mr. Netdy that if the police ever had any trouble an to the age of dogs, the Colonial Veterinery Surgeon should be approached.
Sir Henry Gollan: In the event of your case proceeding fur- ther, I take it that you will argue on the material now in existence and that there will be no new evidence?
Mr. Jenkin-Yes.
The Restrictive Clause. Argument followed on the clauso Mr. Jenkin contending that the containing the restrictive covenant, agreement dealt with two positions
ሰለፍ
1978, BY KEA SEPVICE, INC.
ed down by a taxi in queen's Road,
A young Chinese girl was knock-off with a fully loaded machine of that weight, as they really near Ladder Street, about 9 o'clock should need a kilometre and a half last night. She was taken to Hos. to make a good get off. pital suffering from injuries to her thigh.
"I'm watching for the postman-our Better Gardena
Magazine is due today."
Departing on Saturday,
The aviators expect to leave Canton on Saturday morning for Shanghai, as they are especially keen to be in Shanghai for the French National/Day, on the 14th.
From Shanghai they will pro-) ceed to Nanking, then to Hankow. From Hankow, they will fly to Peking and Mukden, and then on to Tokyo. They have not made definite plans regarding the home. ward journey, but it is quite like- ly that they will make tempt to break the record by a speed flight from Tokyo to Paris via Siberia.
+
מ!
at-
The airmen's arrangements in Canton include a banquet, being given to-night at the Victorin Hotel in their honour by Monsieur) Durand, sole ugent of the Breguet and Renault firms, to be attended by Chinese officiała.
Tomorrow they will make ex-: hibition flights during the mora- ing at Tai Sha Tau. To-morrow, Monsieur Eynard, Consul for France will give a banquet at the French Consulate and on Friday even- ing the Kwanglung Provincial, Government will be the hosts at aj similar banquet--Our Own Corres- pondent,
L
POWELLS
10, Ice House Street,
LAST THREE DAYS OF OUR
SUMMER SALE
ARE
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There are still many Bargains left including :-
India Gauzė Vests from $1.00 Cashmere Socks Golf Hose
Pyjamaa
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Blue Blażera
1.00
1.45:
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Grey Flannel Trousers „3- 7.75
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at 33) Discount
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Among the passengers leaving on the Blue Funnel s.s. Sarpedon yes- terday were Lt-Colonel Comyn; of the KO.8.B.. Mr. D. J. Purves, of the Swatow office of Mesers. Jar- dino Matheson & Co., formerly of Hongkong: Mr. R. G. Edkine, Sir Marckii H. Bharacha, Bart, Mr. 14, Arbuthnot Road (top Boor), Pearman, Mr. and Mrs. H. S. Lot, Tel, No. C.4895 Cures Rheumatism, Mrs. E. C. Chandler, and Mr. and Nervousnes Mrs. C. L. Martin,
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