STRIKEBOUND COALFIELDS
French Miners Fail
To Return To Work
Paris, Oct. 6.-France's northern coalfields were still strikebound today after miners of the Christian trade unions-about a tenth of the total 320,000· , miners on strike had failed to return, to work as
expected.
After a meeting of the French Council of Minis- ters this morning, M. Francois Mitterand, Secretary of State for Information, said the Government would not go back on last Friday's decision to raise the price of coal by 22.5-percent.
Meanwhile, the Communist-led General Confedera- tion of Labour today decided to fix its minimum monthly wage standard from 13,500 francs to 15,000 francs.
Japanese Cabinet
To Resign
THE HONGKONG TELEGRAPH,
THURSDAY, OCTOBER
TO-DAY
ONLY
-КОМ
Scene at Kal Tak yesterday as passengers emplaned for the Hongkong Air- ways 1.000th flight between Hongkong and Canton." Since the Company started the shuttle service between the two cities nine months ago, they have flown over 166,000 miles, or equivalent to six and a half times around the world. Over 35,000 passengers have been carried between the two cities.
Cowie Wins Legal Decision
(Continued from Pare 1)
מהומה
The three-day old coal strike hind, by tonight; cost the nation nearly. 500,000 tons of coal and although Jurisdiction and in the second that ades on the part of the Minister of
definition Health was alleged. The there is a six-weeks' reserve ntock, it falls within his wide
principle was applled in Fisher v. the
to position is likely become of fraud. serious if the strike continues for Counsel for the defendant has Keane 11 Ch. D. 353 in connection
argued
that long.
that only
type of with the action without mala fides In the roalfields, everything was misconduct which
an of a club committee. In the arbi- contnina
only the award can tration cases. element of mala tides in available as qulet Seven out of 13 coke ovens
10 affirmative answer An in the area wore shut down today
res be attacked by motion to set aside that in come the resulling gas nrid
and lovalidity cannot be relied upon shortage judicata. It is true
v. General threatened glass works and other cases such as Leeson
as normative defence but this
industries.
Medical Counell 43 Ch. D. 368 cer-
a special practice peculiar to broodent tonight In the tain diria tend to support this awards and applies even where mala Spencer Bower striking miners, M. Robert Lacoste view. At page 373 of the judgment fides is present. the Minister of Industry and Com- of Cotton L. J. it is sald:-
points this out (at page 155) merce, sald that the
"If it was provert that there was Government
says:- HO statement male before them on with
reasonably and which they could would break off negotiations their unions unless they ended their three-day old strike.
Iri
Oct. G. Japan's Tokyo, Coalition Cabinet will resign tomorrow, following new arrests in connection with the 2,700,000,000 Yen fertiliser Acandal, a high Government added. sources said today.
4
The Government was "determined to take all necessary measures," he
TENSE BUT CALM
The Ministry of the Interior re- ported tonight that none of the miners had returned to work and that, although the non-Communist
honestly arrive at the conclusion at which they did arrive, lien I think wT might to consider it to see whether the fact that there was no statement which cote Julity the conclusion was such
would evidence, na, if not displacet. Jend us to the conclusion that te Counet had not seted honestly with rejicct to the charge brought before them, but had acted from some other
motive
that
and
"Why there, should be a distinction in this one respect only between the decisions of a domestic forum and those of the constituted judicial tribunals of he land, to not very clear
CLEAR DISTINCTION
King Phumiphon May Lose Eye
Lausanne, Switzerland, Oct. King Phumlphon of Blam masy lose the sight of his right As a result of his car accident
near Lausanne Alonday evening.
Cyc
on
Members of the King's Staff sald today the 19-year-old King was "completely out of that the condition danger" but of his right eye was regarded as serious.
It would not be known for several days whether the King would regain his full sicht. His injuries were main- ly facial caused when a midget driven by the King crashed ear into the rear of a braking lorry.
brother-in-law
The King's Aram Radanakuhl, who was a passenger In the King's 'ear, sustained a fractured‘skult and several broken ribs, He was reported still in a serious con- dition though fully conscious. -Associated Press.
Rumour Of
As far as this case is concerned the reason is not material; what is important is that the distinction is firmly established. I must refer to one further case which points. the be HONESTY OF CONDUCT
[net that n distinction is lo drawn between
1 This passage
cases in which to convey appears
there if, though
were no tribunal has made a decision where which
to evidence upon
the Council there is said to be no evidence
it (E.. R. v. Nat Beil could act, the Counell nevertheless support pickets:
dkl act through some honest Liquors Ltd.) and cases in which a party has been deuled a hearing. In M The atmosphere In the strike- misconception the position would be
J. J. Ex parte that coalfields was re-different from bound northern
which would R. v. Wordsworth
Read (1942) 1 A. E. R. 50 a to be "Mense" ported tonight
but arise if the Council acted from an fendant was convicted by an calm, and without incidents.
Allinson improper motive. In
mitted mistake without having been Mass meetings at Douni and Lens General Medical Council (1094) 1
given an opportunity of answering were reported by the Ministry of
Q.D.D. 750 at p.760 the same the charge. There was no question the Interior to have been attended position was dealt with on the basis of mala fides. After quoling o by only 2,000 to 3,000 niners and that the Council would be deprived passage from R. v. Nat Bell Liquors that the speeches were "not parti- of jurisdiction:
London. Oct. 6-A Ltd. containing the essence of the cularly provocntive,"
decision in that ease on the question market scandal appeared about of the Jurisdiction Viscount Caide to blow up today in the face of cote L. C. J. continued:-
Only the intervention of General Douging MacArthur, the Supreme Allled Commander in the Pacifle, who is known to want current legis-
unions had now dissociated, them- lation, including an anti-strike bill.
selves from the strike, they were not enacted first, can reprieve the Gov-prepared to ask their members to ernment it was believed here.
run the gauntlet of the pithead strike Prime
Minister Hitoshi told apecial Cabinet and Party meetings that the re-arrest earlier in the day of his former Deputy Premier Suc- hiro Nishio was "entirely unex- pected" and had created a grave situation for the Cabinet. Head- vised resignation and this will be reported to a joint meeting of the three Coalition Parties which has been brought forward to morrow.
BRIBERY CHARGES Nishio is now charged with taking bribes totalling almost 1,000,000 Yen from the Showa Denko fertiliser concern.
Workers in railway workshops and locomotive depots at Metz who voted todny 10 struck yesterday continue the strike.
At the Thionville depot north of He was cleared of similar charges Metz, the men went back to work Involving smaller mums after resign-today. Ing his cabinet post in July,
The company were alleged to have supplied the black market after the Reconstruction Bank kad advanced them two-thirds of the bank's per mitter loan for the entire fertiliser Industry.
ported today to have confessed taking bribes of 450,000 Yen
year.
Just
The Japanese Diet is not due to
V
...If there were no evidence... they went beyond the jurisdiction given to them by the Act in entertaining the case and proceeding to adjudicate upon This puts the question of honesty on one alde though of conduct
be conceded that in it must
Maclean v. The Workers' Union (1929) Ch. at p. 621 Maugham J.
1
that the lan- expressed the view gunge used in Leeson's ease was the
not
de-
Dd-
Black Market
Scandal
black
"That passage as I understand it. has the Labour Government. It in- nothing to say about a case such as this volved the appearance on the
where there has been a denial of
natural Justice to a party who has been home market of huge quantities convicted.....It is not necessary, in my of textiles, lace, linen and
opinion, to consider whether or not, in
the present ease. there has been a furnishing fabrics originally de- Usurpation of jurisdiction. I take the signaled for export to bring Britain badly-needed foreign currency.
view that there has been here a denial of natural Justice."
This was a case of certiorari, which was granted.
In
any
on
pro-
see no
Five thousand railwaymen in the Department struck iri Dr Shinge Tinos, brother of the Mosello president of the fertiliser company, protest against alleged police action
more accurate. Moreover in R. v. was arrested last night. His de- in the collields. Railwaymen at
Nat Bell Liquors Ltd. (1922) 2 A.C. lentlon is believed to foreshadow Arras and Lens in the Pas de Calais
120 it was held that a conviction upon in support of his argument
One London newspaper sald at scandal Department are to hold a strice vote new developments in the
Minister Jeast one charge within the this point counsel for the defendant
Junior Cabinet no evidence on which has been under investigation | tomorrow.
Jurisdiction of magistrate was not submitted that the form of
was involved. for five months.
TAXI-DRIVERS STRIKE
proceeding without jurisdiction but seedings proper to be taken Because of Britain's rigid Ubel
wrongful Paris taxi-drivers were on strike the
exorcise of an by the plaintif
confined the newspapers laws, Case today because the Government had existing Jurisdiction and could where mala fides was not
themselves to sketchy accounts, and not repiled to their request for an
be challenged on eer-involved was by certiorari. He offlein sources refused to comment increased petrol and tyre ration. tiorari. The authorities quoted by based his submission on the special unt
until Scotand Yard had completed The secretaries of the Communist- Spencer Bower on the subject of led seamen unions decided today misconduct by English arbitral tri-position given to fraud in our law. Its investigation. However, London A judgment obtained by fraud can newspapers were playing the story Zakenu Kurusu, a Minister in theo call on Bil French ports for a 24-bunals make it clear that mola fides be set aside in a subsequent action under big beadlines and suggested Arhidu Cabinet and Director of the hour "national warning" strike on is not an essential element of the and this is relied upon as the reason that the scandal might test the Economic Stabilization Board, who
under type of misconduct
conai- Friday.
for allowing it alone to be set up as future of the Labour Government. was charged last week with illegally
The object of the strlko would deration. For example in Morgon an affirmative defence.
Some estimates placed the prob- disposing of war supplies, was ro
Improved living to get
and. Mather 2 Ves. at page 18 it was
was great force in this argument. A de-able value of the export trade lost working conditions, a wage increase, only grounds for that (setting down for a quasi judicial body by domestic market at several million
stated by the Lord Commissioner---
eparture from the procedure laid by the diversion of goods to the o collective work convention, and
aside an award) are, first, that the Its authorising enactment will sup- pounds sterling, It was understood the suppression of unemployment.
The trade unions of St
that Scotland Yard would complete Nazaire arbitralors have
power; secondly cor that body declared invalid.
fis inquiries in 48 hours and a gestion while La Rochelle fishing ruption, or, that they have
HONGKONG CASE QUOTED statement may be made before the crews decided to hold up the de-ceeded contrary to the principles of
Li Hong Mi v. Attorney General of next week-end. Justice; though there is no natural patur sins trawlers for 24 corruption, as if without reason. Hongkong 1920 AC. 735 is a case in Viscount Jowift, the Lord Chan- hours. Reuter.
cellor,
who asked for an investiga- will not hear a witness; third-point. A
tion, will discuss the matter with ly that they have proceeded upon to have a resolution for the expul
they them- sion of a club member declared in-
the Prime Minister, Mr Attice. mere mistake, which
valid
Mr John Belcher, Parliamentary where he has not had An ceives admit."
of Trade, opportunity
Secretary to the Board of presenting his de- SAME PRINCIPLE
confirmed that an investigation was fence Fisher v. Keang (supra). In under way, but refused In Brook, Delcomyn & dart 33 neither of those cases, was there
to com- the arbitrators had mala fides and in cach
ment further of the destroyer leader Broadsword LJ.C.P, 240
case a. de- party and the
claration in the Royal Navy's failed to hear for service
The Daily Telegraph, injunction
was of award was set aside although there
the opposition Conservative Sixth Destroyer Flotilla."
unable their
10 Party, sald, "Investigationa proceedings granted, was evidence that
why in principle the indicated that in nearly every ense in accordance with a trade
grounds
upon which a decision the alleged irregularities could have It was
ruch D held that D. of a
a quast judicial tribunal might been carried out only
the ship of the Scorpion, Crossbow and
usage was contrary to the principles be quashed upon certiorari should connivance of some
It is true not provide an affirmative answer to
highly-placed The new destroyer is 305 feet long of equity and Justice.
Arbitration cases but
persons at the headquarters of the that these' are
a plea of res judicata on the same Government Departments controlling and 38 feet wide,
She mounts four four-inch guns, the same principle has been applied decision if that is the more convert-distribution United Fress. John Willis, 52, an American
ent procedure: the grounds set out subject, who entered the Colony six smaller ones and two torpedo in other types of cases. Stafford v. complement Minister of Health (1946) 1 K.B.
appeal under
the last year without the permission tubes. Her peacetime
Acts Housing
where П10 of the Immigration Office, was will be 250 officers and men-A-021 was an
mala nocrated Press.
meet until next week, but observers ; and Bordeaux agreed to the sug-lout of their awarded what was port an action to have an order of
- then
doubt if the Cabinet can resist until tho gathering resentment against evidence of corruption with in it-Reuter,
Immigration Law Violated
Case Against American Again Remanded
further remanded for a week by Mr d'Almada at Central this morning.
New Destroyer
Admiralty London, Oct. 6-Tho announced acceptance on Wednesday
The Broadsword, launched in the Clyde in February 1940, is a sister were
Battleaxe
custom
pro-
Woman Defrauds Hotel
น
London. Oct. 6.-Barbara Elizabeth Parrents, a 33- year-old mink breeder, of Pine Hill, Lachute, near Mon- treal, was convicted by a magistrates court here today on n charge of incurring by fraud a credit of £116 at London's luxury Mayfair Hotel
Ser-
aimilar action
and
will lie
for certiorari to quash generally a pp.808-887 of Hailsham Vol. IX are in fact strikingly similar to tho affirmative answers discussed by
Spenter Bower.
I hold therefore that the affirma- tive answers which the plaintiff may
supporter
have
with
Junk Damages
Fighter Plane
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Still Chance Of
FOR BERGMANN Settling Dispute
on
London, Oct. 8.-Ingrid Bergmann, (Continued from Page 1) ► Mr P. J. Griffiths, who appeared
rely upon are not limited to those Shanghal, October 7--The United
Swedish Al stor, Was for defendant, applied for a further
Involving an element of mala Odes States cruiser, St Paul, sailed for famous wock's remand on the grounds that
a great welcome but that I anything. ho
her conducting a "ellent sltdown" boy- r minor given allues Hongkong today carrying he had made approaches to certain
amounts to the plea that he
arrival In Stockholm today on
cott. haa "combat wound."
in authorities, but things had not been
been denied a hearing to the extent
One of the two fighter planes visit after nine years' absence completed. He saw no reason why
which has been held In decided cases carried on the cruiser's atterdeck Hollywood, Stockholm Radio
Western omcials said that there report-
of the Council the remand should not be granted
to amount to
а preacht
Thousands in the City Square is little possibility of natural Was temporarily decomunissioned ed. as defendant had been in the Colony
"We Want to See Our reconvening on -Berlin until at for a year before the Immigration
She was remanded until October and I know that some of her lug Justice, ho is entitled to rely upon after an 'attack' by a Chinesa junk shouted
Mist
Bergmann has just least. Baturday and probably would Omco knew anything about it and
Monday. That will suffice and no other answer is Whangpoo.
Anished during that time he was a good 25 on another charge of obtaining gage is in a club in the West End it in these proceedings. Nothing less late yesterday at the anchorage. In Ingrid"
time to citizen and lived peaceably. ·
£4. 5. 0 from a Desmond Coyle, where she also owes a bill"
open to the plaintiff save any ques-
which has been would give the Kremlin The Junk, apparently out of con- nished work on a new film "Under not meet before
the Capricorn Inspector Moran sald ho had been at London's Cocoanut Grove Club. geart Gibson added.
The general manager of the May-on of jurisdiction not already de-trol, crashed into the stern of St produced at the AGM studios, et study the detailed American paper Detective Sergeant instructed to oppose any application
Gibson told
fermined against him. The ques Paul. The mast of the junk smashed Elstree, England, under the diree presented today-the foundation of for a further remand.
the court that Mr Parrcats known fair Hotel, where Mrs Parents was term According to the
it 15, it is not open the junk keeled over,
visit her parents in Holland before
Even the American delegato, Dr prosecution, In the pre-war years as a meing alleged by the prosecutor to have tion for my determination being in against the wing of the plane when ten of Alfred Hitchcock. She will the West's ease. without me,
giving The accident resulted
the Stater Philip Jessup, hinted after had been made for driver, had been married three lived luxuriously" from August 25, to arrangements
recess to reporters that the major defendant to leave by a ship of the times, on two occasions bigamously. Bald she told him she would pay counsel an opportunity for further deutli. A harbour policeman in returning to the United She left
reason for the delay is to give the Everett Steamship Corporation on The last of three previous convicher bill on September 3. Octobor
Dofendant formerly
a swinging!
| Rusalatra chance to answor. tions
of the irregularities claimed by the off, the junk's deck by her "rather amazing carens the hotel and had not been, back argument, to consider whether any vestiging the accident was knocked worked as a seaman on a. ship
The damage to the plane was not belonging to that company and the was in January when a New York since
Mrs Parents told the court she plaintiff, if established, could post-upom and drowned, court sentenced her to six months
hiy amount to much a denial.
beyond the crew's capacity to make company was prepared to take des imprisonment for obtaining food intended to pay the money on in fendant back to the United States
repairs-United Press. and lodgings by false pretences, the turning from a visit to a friend in. nt any time.
detective Bald. She was deported Portsmouth who was in a position from the United States and landed to supply it.. Bho added that sho collapsed on reaching Portsmouth. at Plymouth on July 23.
#.
in
the
опо
FUEL FOR WINTER HANGING TRAGEDY
Berlin. Och
Router.
When asked: "Why the delay?" CUSTOMS SEIZURE.
Ha repiled without referring to New York, Oct. 6-Custom Russin, We might get an answer," officiala seized $185,150 worth of gold Mexican pesos which were hid-
Officially, the reason for the recess Mr Griffiths said he was surprised
den la a motor car about to be was to give other members of the to hear that arrangements had
Council participating a chance to - The throo
Venice, Oct 6-An Italian woman shipped to Rotterdam yesterday! - already been made for defendant's
The car, which was on a Brooklyn study, the case and prepare stato- In June 1947 she was charged whore she was arrested, and was deputure before the Court had
Western Military Governments have found dead by hanging here loft a with larceny at Hampstead, Mon- for some days given its decision.
From first to last I had an in-ordered the telling of up to two-note saying she had decided to take pier awaiting shipment on the 8.8ments of questions to be directed at Mr d'Almada, in granting the treal. She was allowed ball but did
suggested that some Council mem-.
· remand, said he could see no ob-not retum, and there was a warrant tention of defrauding the Mayfair," thirds of the forests of the Western her life with the same rope and at Norwalk Victory, arrived from Laro the disputants. One delegate even
No arrests were made..
bers might want to ask Mr Vyshin- jection as no money had been paid in existence for her. She was also Mrs Forrents stated. "If I am given Fectors of Berlin and balf the trees exactly the same time that her hus- do, Mexico,
easily pay the in the city's streets, avenue), parkes band commitfoc.suleide 20 years ago.
She cald she had,' carefully: pre- The car held.2,050 coins in 100 sky some questions on the chaned › for defendant's passage which could wanted for cheque frauds in Wit-two weeks. I can
sor, Ontario, he alleged, A
amount, who said. She added she and gardens to provide fuel for the be arranged at any timris.
and replyUnited Press. floor mat-Reuter "She appear, to live on her wita. had already cabled home for money,coming winter. It was announced served her husband's suicide rope packages crudely concealed by the that he would abandon his boycott
during "Twenty years of sorrow," here today-Router. Defendant facer a possible"'er- pulsion order from Hongkong. She has owed bills at several hotels, Reuter
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