ISOLATION
MUST BE
Promissory
Note Can't
ABANDONED Be Collected
SAYS HULL
America Prepared For Contribution To World Peace
RE-ARMAMENT EXPLAINED
Washington, Mar. 17. Deep concern
over the "rising tide of lawlessness, the growing disregard for
Interetsing Judgment
Handed Down
call-
THE HONGKONG TELEGRAPH. FRIDAY, MARCH 18. 1938.
YANGTSE FIGHTING CONTINUES
Warships Attacking Beyond Wuhu
Raiding Plane Shot Down
Judgment on an action for $1,000, based on a promissory note dated 17- years ago, was given by Mr. Justice R. E. Lindsell at the Summary Court this morning. The action involved, in interesting re-broker,
the defendant, A. M. d'Eca, a
Tsingyang, Auhwei, Mar. 18. that the claim was statutorily tending
The situation at Tatung and barred because it had already ex-Tungling on the south bank of eeeded the time-limit of three On the other hand, the plaintiff, Luk the Yangtse River in Anhwei, Lal-fing, argued that the document further upstream from Wuhu, sent by defendant to hals gent in is reported to be tense as Japan- 1835 was sumelent acknowledgment of the debt to exclude the operation ese troops are attempting to of the Statute of Limitations, whilch land there. would otherwise bar the chilin
was dated.
years.
Soviet Seeks To Prevent Aggression
Berlin Considers Scheme "A Joke”
London, Mar. 18. It is learned that the Soviet's proposal for
a conference of powers on "German aggression" was made simultaneously yester- day in London, Washington, Paris Slovakia), by the Russian diplo and Prague (Czecho-
matic representatives.
M. Ivan Maiaky, the Russian Ambassador to London, called at the Foreign Office and pre- sented M. Maxim Litvinoff's According to reports received in statement with a covering letter 10, 1921, the money to be re-military circles, two Japanese war-stating it conveyed the Soviet's
ships steamed up to Tatung with a views.--Reuter. Mr. F. H. Losely
for number of molor appeared
boats yesterday and defendant was repre-afternoon. plaintin
They machine-gunned the Chinese positions ashore for half
The promissory note
treaties, the increasing re- January 2, 1922
version to the use of force, and numerous other ominous tendencies emerging in the sphere of international rela- tions," was expressed by Mr. Cordell Hull, Secretary of State, in an address to-day to the National Press Club.
sented by Mr. 17. M. Hodgson. un hour.
In his judgment, His Lordship said. reserved for The point which I ennsideration In this action is whether
or no the document dated March 18, 1933 signed by defendant and sent by him to the plaintiff's agent is suf- fcient acknowledgment of the defen- dant's debt to the plaintiff, incurred 1921, to exclude the operation of the Statute of Limitations
V
Meanwhile, two Japanese scouting and six bombing.planes reconnolired and subjected the Chinese positions at Tatung and Tungling to severe bombing. Damage is understood to bo slight as the Chinese defence
works there are strongly bullt.
CHINESE ATTACK SUCCEEDS Kwangteb, Mar, 18. Further
Chinese success by the forces in the Hangchow-Taihu area is claimed,
GERMAN REACTION
Berlin, Mar. 18.
This must be a joke," declared a German political spokesman lo-day, referring to M. Maxim Litvinoff's proposal. He added it would be in- teresting to see the replies of the powers-Reuter.
MERELY Manoeuvre
Rome, Far. 18.
situa-
349 HOURS OF BROADCASTING
ERADIO BROADCAST
A Talk by "Sabrina" From The Studio
REV, C. B. R. SARGENT
Radio Programme Brondenst by 2.B.W. on Frequencies of B45 k.c's. 9.52 m.e's, per second.
H.K.T.
12.00-12.20 p.m. Relay of Service of Intercession from St John's Cathedral.
12.30 Billy Mayer (Plano). Limehouse Blues (Braham-trans. Mayerl); Orange Blossom (A synco- pated Impression); Three Dances In Syncopation; 1. English Dance; 2. Cricket Dance; 3. Harmonien Dance.
12.42 Roy Fox and His Orchestra. The Wanderers-Fox-Trot (Ber- nard and Webster); You Do The Darndest Things, Buby (From 'Har- mony Parade'); My First Love Song Waltz (From Queen of Hearts'); Would You Waitz
(From San Francisco'); Harbour Lights-Fox- Trot (Williams and Kennedy); The Changing Of The Guard-Fox-Trot (Scholl and Jerome),
1.00 Time and Weather,
45
Stil As The Night (Carl Bohm); Calming Of The Tempest (Durrner -Falk); Nobody Could Love You More (From Operetta Paganinin').
1.50 Light Orchestral. From Foreign Lands (Moszkowski) Orchestra .Berlin State
Schmalstich by Clemens cond. Homage March (Haydn Wood); Con cert Waltz Joyousness"
Opera
(Haydn
1.03 ilayan--Symphony No. ("Farewell") In F Sharp Minor.
Played by The London Symphony The Soviet's proposal for a con-Orchestra and conducted by Sir ference of powers to discuss means of Ileary J. Wood. which One of the Japanese planes was curbing aggression is regarded In
1.30 Reuter and Rugby Press, would otherwise bar this claim. hit by Chinese machine-gun fire authoritative circles here as merely Weather and Announcements.
It is common ground that to dis-whlist power-diving, and crashed at a manoeuvre to create difficulties and 1.40 Songs by Richard Tauber
stalutory bur the admiselor: Lanchewlao at Tungiing. The Japun-complicate the international
(Tenor). He recalled his statement of the place the
bc unconditional ese airman was rescued by marines tion-Reuter, principles of American policy made of lability must
sent out by the warships, but the on July 18, 1937, in which an over-and unequivocal.
In Spencer v. Hemmerde, (1922) wreckage of the plane was left. whelming majority of governments of the world joined in affirming their A.C. 507, the general law applicable Central News.
the crucial and its historical development were faith, to-day
and he said that
these elaborately summarised in the House Issues
were whether
be vitalised and of Lords in the speech of Viscount principles would
Cove (pp. Df Brmly established as a
foundation
in which he de- 513-518), in
at any rate since the monstrated that at international order, or whether inter-
of Tanner Case of
Smart.
1827) nutional anarchy, based on brute force
B. and C. 643, and workt
(in would inundate the
which cuse the ultimately
sweep away the very bases acknowledgment relied on was in words: I cannot pay the debt at
I will present: I
Jaw that written
7.00 Dance Records. Orchestra-Old Pal policy could prove more disastrous promise to pay given within six years Nanking-Hangehow highway whichZBW broadcasting studlo por un important nation to fall before action is sumcient to take the city the Chinese forces from Teht- 2294, of which 113, were devoted With Me-Waltz (Green and Grees- Slow Fox-Tro! (Box, Cox and Ro- outside the Limitations Act, and sing and Hisiaofeng, on the Klangsu-to
berts)! Dance Moonlight Wallz
The to arm adequately when international lawlessness was on the rampage. In that such a promise is implied in a Anliwel border, are enveloping.
European programmes and 174 to Chinese.
land)... The hours spent in
Mantovani and His Orches- sent state of world affairs, to do less but that
the acknowledgment
tra: Orchestra-Lonely Troubadour Another Chinese column, it is morning transmission, including com-Tango (Miller and Bory)....Man- than was now proposed would lay their coupled with other expressions. stated, is fercely attacking Tsungteh,mercial news and church relays, were tovant and His Orchestra. United States open to unpredictable such as a promise to pay at a future south-east of Tehising. and north- 71 (European) and 3% (Chinese),
7.10 Closing Local Stock Quoin- hazards, and would seriously restrict time, or an absolute refusal to pay.
for the west of Haining Gunfire is audible while the hours
evening tions were 110% and 44 7,15 London Relayughie they are sufficient in quality or north bank of the Chientang River.
Green and Ilis Gang', negative the implied promise to pay. Central News.
With his latest juvenile successes (Chitty on Contracts. 101 Baltion.
and band. (p. 227).
of
clvilisation and progress.
Dealing with American re-arma- Hull emphasised that no
ment,
man
The
it has been so soon as I can taken by the Chinese in a night at-
BY HONGKONG. IN ONE MONTH
Tehtsing, about 70 kilometres north of Bangelow, is auid to have been re-
#tack. The Japanese retreated to During the month of February, the Wakang, west of Telting, on the actual hours at transmission by totalled
his considered judgment, In the pre- simple whment of the debt.
the United States ability to comunand, It is for the Court to say whether at Haining and other points on them.
without the purpose or occasion for resorting to arms, proper respect for its legitimate rights and interests, the surrender of which would constitute abandonment of the fundamental principles of justice, morality and peace among the nations.
NO ILL-WILL
mast
сол
espect
Wood)....
Light
ght Symphony Orches-
Composer.
tra cond. by The
2.15 Close Down.
6.00-7.00 Chinese
Programme.
Mine-
7.45 Studio-A talk on What do we want for our Daughters by 'Sabrina',
In addition to the programmer broadcast by ZBW, 36 European and Chinese programmes were presented by ZEK in 1194 hours-23 (Euro-
Since the beginning of the 4,701 llcences were issued, 180 February, The number of licences 8.05 London Relay Food for
SOUND POSITION) and 96 (Chinese).
OF INSURANCE FIRM INDICATED
year,
0.00 Time Weather and Announce- inments.
renewed during this month was 58-1.hort talks on matters of
BRITISH EMBASSY
WILL REMAIN
IN SHANGHAI
The principle of law is clear and all the cases reported are merely illustrations of the way the Courts have applied. It is the application Mr. Hull declared that the Ameri- of the principle to particular cases ean Government pursued a world which has given rise to doubts and policy of non-interference with ill-difficulties, and will no doubt will towards no nation, but with the time to do so,
the written since sincere desire to be friendly with all. acknowledgments At the same time it endeavoured to relied on are not formal documents frequently
In connection with the report for afford appropriate protection for written with a view to the Statute. Presentation to shareholders of the American citizens and their interests
The document here relled on rends Hongkong Fire Insurance Company, everywhere. They had sought in as follows:-Dear Mr. Fung. I wish Ltd., at the 69th ordinary meeting in recent months to exercise a
moral these few lines will and you OK. the fees of the Company at noon influence and to co-operate in every 1
hat I have not been I regret awfuly that
on Murch 29: way practicable with all the peaceable to pay one instalment to seeking
nations in
support of the
dear old friend, Mr. Luk, as things basic principles penisable for the which were indis.) were nover so bad na Diey are NOW,
promotion of stable
especially for us brokers. I can't peace, and they affirmed on every make enough to live. Have still to possible occasion, and urged on all cell
sell some furniture, &c. to keep going. nations, the supr need for keep-
supreme
will sce you ing alive the
practising of sound. Mr. Ving this document as a whole commended that this sum be appro- | learned here. fundamental principles
the rola- in tions between the elvilised peoples. can read no more into it than this:
He emphasised that there not the slightest intention of using poverty I haven't been abic to pay To add to
was "I'm extremely sorry that owing to the American armed forces to police the due instalments of my debt, but the world, and equally there was as soon as I'm in a position to pay not the slightest Intention of abandon- ing the deep concern for, and ad-again I'll come and see you about it." But for the last clause an uncon-
When
con
Luk will you.
you.
Eca
עננז
Write to
Chungking, Mar. 18.
it
topical interest.
8.25 Nalan Milstein (Violin). La Campanella (Rondon from 'Concerto No. 2 in B Minor'-Page- nini-Op. 7 Arr. Krelsier); Romance (Second Movement from Concerto No. Wieniawskl Op. 22); Polonaise Brillante In D Major (Wieniowski→ Op. 4).
The general managers and con- sulting committee have pleasure in
8.37 Orchestral Organ Prologue. submitting a-statement -of- the-ae-- The British Embassy-in China-is-8.45 Studio-Rev. G. B. Rt. Sargent. counts of the company, made up to remaining in Shanghai while main- -30th scrles of opera. "More Volees December 31, 1937, in sterling and taining touch with the Chinese Gov-
of the Past," Hongkong
ernment headquarters by means of
HMV DA 1229, D 1980. DB 1421, 1930 Account. This Account shows an offer in when there will be at 2002, D 2000 Polyden B 22418. A suplus of $020,180.43, and it is re-least an Embassy secretary, Is 9.30 London Relay-The News.
0.53 Beethoven-Symphony No. 2 To pay n dividend of $12 printed as follows:
No effort is at present being made In D Major, Op. 30. to find quarters for the British $480,000,00
the Orchestra conducted by Embassy at Chungking, but Reinsurance
American Embassy is occupying the Krauss. 149.109.43 United States naval canteen building 10.23 Soars by Gerhard Husch
on the south bank, of the Yangise,
(Baritone). $629,180.42 while the Soviet Embassy has taken Die Belden Grenadiere (Helne and over large premises on the outskirts Schumann-Op. 59, No. 1); Die Ehre of the town.
Goltes Aus Der Natur (Beethoven- Other embassies are also making Op. 40. No. 4).
accommodation. enquiries for
per stre
Fund
vocacy of, the establishment every-ditional promise to pay might have where of International order under heen inferred from the
1937 Acount. The balance at cre- the law based
on well-recognised
defendant's principles to which he had referred. Expression of regret that he had so it of this Account. Is $710,521.54.
The Company's Investments in They were profoundly convined that far folled to pay, but his actual pro- | Sharighai, consisting of debentures Reuter.
most effective contribution they
mine amounts to no more than an and mortgages, are. Included in the thenation, sincerely devoted to the undertaking to pay by instalments if balance sheet at H.K. 52,043,000, this and when he is in a position to do so. pence, could make in the
'There being
figure being arrived at in the follow- to pay anything
chuse
of
Played by the Vienna Philharmonie Clemens
10.30
Vladimir Horowitz (Plano), Traumeswirren, Op.-12, No. 7 (Schumann); Mazurka In E Minor, Op. 41, No. 2 (Chopin): Valse Oubliee
tragle conditions of mankind to-day of his present oVilence before ineing manner owing to the uncertainworld-are not measured alone by (Liszt); Capriccio In F Minor (Doh-
was to have the United States res- hold that defendant's acknowled/Position there existing:
pected throughout the world for its integrity. Justice, Koodwill. strength, and unswerving loyalty to principles.
WAR REFERENDUM
nany().
10.43 Marek Weber and His Or- chestra. 1.20
Fall-Potpourri Arr. Dostal);
11.00 London Relay America
ing of a specified event, attch as the case of purchases effected during is the much ticular area. There Potpourri of Waltzes (Robrecht).
books at
and more
the number of American citizens re- siding in a particular country, or by ment here is not such to displace
Debenture values have been retain-the volume of investment or trade, the Statutory bar. Where the pro-ed at the same figures as on Decem-er by the exceptional conditions mise is conditional upon the happen-ber 31. 1936, or at cost price in the
peculiar to a
ore funda- Referring to the suggestion for a defendant's abtaining means to pay, 1937. Mortgage loans have been mental Interest-which is that the popular referendum on the subject of there is no cause of action on the taken at or under the face value at orderly processes of international re- declaring war, Mr. Cordell Hull promise, and the bar of the statute
tute which they stood in the
lationships should be maintained. asked what warrant was there for not excluded, until that event has December 31, 1937.
What is most of ali at stake to-day the assumption that the Chief Execu-appened, or as Lord Tenterden puls tive and Congress would ever be tnorei mare generally in Tanner v. Smart and mortgage loans have been in
The company's other investments throughout the world is the future of the fundamental principles which likely and more eager to embark on
(supra at G09):
p.
"Upon a a general cluded, as customarily, at or under
of inter- must be the foundation war than the general body of citizens, acknowledgment, where nothing is market or face value respectively.
as opposed to inter- On the other hand, the adoption of a said to prevent it, a general pro
archy." referendum plan would hopelessly to pay may and ought to be implied; promise
Mr. Cordell Hull proceeded to rc- handicap the Government in its con- but where the party
the cont
contentiona of the "Isala- duct of foreign relations. In the
tionists at any price", and said: same way, dangerous from the view
momentous question is whether the point of the preservation of peace
doctrine of force shall become en- was the proposal that the
throned once more and inexorably to United States should retire from the Far
bring in its wake international Eust, comprising the chief portion of
anarchy and the relapse into bar- the Pacifle area.
barism, or whether the peaceful na- ttons, fervently attached to the prin
"Unfortunately, many people in this country wholly misunderstand the position and policy of our Govern- ment in relation to that situation, Some have visualised only our irade and investment
ent relationships with
China, or our moral and cultural in- terests there, symbolised by mis- sionary, educational and medical vices and similar netivities. concentrated attention
tmpon the incidental and
Some
guards his
arknowledgment and accompanies it with an express declaration to pre- vent any such Implication, why should not the rule expressum facit ceasare tacitum apply?"
For these reasons I hold that this claim is Statute barred and there must be judgment for the defendant
with costs.
BOAT
PEOPLE FINED
Charged with anchoring within the Victoria Cable area near the No. 4 ex buoy at the Naval Anchorage yester-
ceptional facts of the existence of day, Chun King, 24, cook on board
extraterriterality and
the mainten- the trading junit No. T88411, was
British Ships To Have
14 Inch Guns
London, Mar. 17.
fute
The
ciples wilch underlie international order, shall work unceasingly to pro- mote and preserve law and order, The guns for the five battleships morality and justice, as the unshake- which are now being built in Briial,able bares of civilised international will be 14-inch in size, stated Licut relations. Col. J.J. Llewellin, Civil Lord of the Admiralty, in reply to question
4
In the House of Commons to-day.
Reuter.
ance of some armed forces to assist fined $10 or one week's imprisonment NEW CRUISER NAMED BY yeast and upheave, ils foreign
MRS. CHAMBERLAIN
DARE NOT TURN ITS BACK Mr. Hull depicted in striking langu- nge what the consequences would be If the United States turned its back on the whole problem and declined contribution to its solution-how it would mean a break with the coun-
Interests and domestic situation.
"Isolation does not mean security; it is a fruitful source of insecurity," which, it is our policy to give up,
he declared. and forces, which it is our policy to was fined $5 or five days' imprison-
London, Mar. 17. Concluding the Secretary of State withdraw the moment unusual condiment for committing a
Mrs. Neville Chamberlain, wife of eloquently outlined the aims for disappear.undst
condition of her licence by carrying the Prime Minister, to-day performed which they were striving, the first SAFEGUARD FOR ORDERLINESS two passengers near Holt's Wharf. the naming ceremony at the launching of which was peace in a world in For mooring her boat outside Ave of H.M.E. Belfast, a new cruiser, at which the forces of milltarias, terri- Ah Interest and concern, of the United
ext whether in the Far East or at A1 busy yesterday, Lo Sze, 43, infors Included Lord Craigavon and anarchy would become utterly edious,
Ireland revolting and intolerable to the [/onepur of the Facile area, was hod 3 or three days imprison. Ministers of the Northern
con- ment in the samne Court
cabinet British Wireless. ----
maclünce of mankind-Reuter, de délais
in the safeguarding of our nationals
when he appeared before Cmdr. G.: F.
similar disorders special rights
against possible mob violence and ing.
Hole at the Marine Court this morn-
To Tai-50, mistress of a cargo boat
breach
of
FOR-FAll of these are Iraportant. But others lying alongalde, the Tjisadane thé Harland' and Wolffe vard, Spac i torlul, aggression, and International
Speaks
A series of talks broadcast from the U. S. A. to the British Empire.
11.20 Close Down.
TRAFFIC BREACHES
PUNISHED
For failing to report an accident on February 27, Mr. Tsang Kee-shun was fined $5 when he appeared_be- fore Mr. H. R. Butters at the Cen- trul Magistracy this morning. Trame- A collision Sergeant M. Clark said
Road near occurred in Hennessy Fenwick Street between defendant's car and a motor cycle, but no-one was injured.
Mr. H. D. White was Aned $3 when he admitted a summons for parking his motor car over the time ilmit of two hours at the Chater Rond car park.
Mr. Kwon Hok-nin was fined $5 for causing an obstruction with his motor car in Stanley Street.
DR. II. F. SOMMERS ROBBED
The loss of $15 worth of clothing from his house yesterday has been reported to the police by Dr. H. F. Sommers, of No. 1 May Road,
DAFÜR AWAITS CLAIMANT
A fur found on the Star Ferry Wharf, Hongkong, on March 14, is at the Water Police Station 'awaiting a claimant,;
HENRY HEATH HATS
STAND UP TO THE
ROUGHEST TREATMENT
VIDE
PUNCH FEBRUARY 16TH PAGE 173.
MACKINTOSH'S
SOLE AGENTS FOR
LIMITED
HENRY HEATH-THE HATTERS—OXFORD ST. W.I.
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