1909-06-09 — Page 5

WEDNESDAY, JUNE 9, 1909.

JUNK AND STEAMER.

COLLISION.

Both to Blameja

in fact, amended by the Ordinance of 1908France 1. It you should answer this in the and therefore, incorporated into a Irsapeo tive of the emoneous recibal / The object of this section is to extend the provision to lights prescribed by section 95 of the prinsipal ordinatos forunks when under way in the waters of has colony to junks At the Supreme Court, to-day, in Ad-when they are beyond those wibers It miralty Jurisdiction, the Chief Justice (Sir provides that 12 in any action brought

fa

of

F. Piggoto) gave judgment in the action for collision between sunset and sunrise,

affirmative was the manoeuvre which he did in that execute sosmanlike mancouvre 1 His answer is When the odiom of the watch ou, the as Holstein Artw the Hight I do not think for's moment that de considered what lack she's an on there was only a single light showing. Now it is recognised, axiom in seaman ship to haul away from an unknown light and if necessary to bring it abaft the brace and so make safety of it. This involves

THE CHINA MAIL.

SUKHUMATION

of the Sanitary Board on Tunday after

out

Mr Ho Kom Tong minuted-As far

damages for collision instituted by Wong in or outalde the waters of the answering the second part of the" question know, there is no law to prohibit thom -

Mr Lao Chu Pak-What authority has the Board in refusing to grant burials in the Colonial Cemetery.f

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Choong Was, owner of the junk No.babwean a junk and another 19114, against Michael Jabeen, of Apen. It is proved that the Junk did not and to this the sassonen kind of burials in the Colonial Cemetery rade, Schleswig-Holstein, in the Empire of carry the lights prescribed for ailing the officer in question noted as would be ze

Posisie by the International Collision quired by the ordinary practice of a saman Mr Shelton Hoopar- tall to uniqreand Germany, owner of the steamship. Holstein, Regulations or the lights prescribed for and by the special circumstances of this plaintiff claiming 810,000 for the loss of jums by section 25 of the principal or cas. But his helm should have been pub by what authority any site has been granted the junk and her sargð.

dinance se amended, than such junk shall to starboard sooner as he approached the to the applicants. No one has the powos Mr H. G. Calthrop, instenoted by Messrs be deemed to be fo fault think the junk too close before giving way. I accept to reserve any sito.

grammar, although it was criticised, bears the answers. The problems is not a very Goldring, Barlow, and Morrell, appeared the meaning I have given to it. It is dificult ane, and it has been worked out for the plaintiff and Mr M. W. Slade, in-intended to be a procedure ordinance, for me to sale by the scesor. The stracted by Messrs Deacon, Looker sad denying the right of action to junks unless Holstein was going 11 knots when the

certain conditions have bean filled, but junk appeared on her starboard bow. Hon Ms Brewin-We cannot refuse. Deacon, appeared for the defendant...... za

is drafted in such a way as to make it differ she will therefore have moved on three His Lordship in giving judgment aid: hardly if at all from substantifs legislation and a half cables in two minutes. The permits to exhuma except on sanitary

fresh The plaintiff is the owner of a certain junk having an extraterritorial operation. But wind nocording to the Holstein's pre grounds. And he brings an tien in rem against the in view of the decision"I have recently recce. This was the mate's own ahier opinion on the two cases under considers.

liminary act was northerly, a

Hon Mr Hewett-I cannot pa 8. Holstein for dathagos resulting from s giren on the effect of the King's non-allow- collision which is alleged to have occurred and or express allowance of Ordinances in vation so that if the Junk, had beention as I do not know the standing of the in the China Sea during the night of 24th Crown-colonics, the question whether ons minutes calling would hars, brought her people consumed, but in law of the

this the abarbosed tack as he supposed two October, 1909, about seven miles due south provision is ulir eru the Hongkongder of the Holstein's bow, and with limited arse in the Colonis! Camatory 11 of Tang Mi Point. The stories as told by Legislature or not need not be considered, those on board the two vastels are more Sabject therefore to the proviso of this the two minutes steaming of the Holstein consider this should be as far as possible than usually discrepant. The junk was section: I must hold in virtue of it that harself the junk would have been nineteen kept for the use of the "foreign popula sccording to the story told by the master the junk was in fault. The provide is dog three quarter points. Whereas if the Lion. The Government has gone to great GUARANTEED EVEN AT Taking so under through Bills of Lading to paint in Mexico, alsa to Narth

"the starboard bow, that is, ons degrees on. and his steersman, proceeding t to her regular as follows,unlose it is shown to the junk werd a fact on the port tackexpanse in providing burial grounds of all fabing ground, which lies about fifty miles satisfaction of the Court that the cir south of Tong Mi Point; she had been fah. cumstances of the case made the omission coming along with just stearage way, that classes of residents, and no static should

On tho

is about one and half knots an hour, with ing in the bay between that point and Chi to carry such lights necessary." Lang Point and was sailing on the port plain meaning of these words this caso, does the Holstein going at 11 knots for two tharsford be interred in the Colonial Cem- tack with a light north east wind, as near not fall within them because there is noth minutes, the junk would bare closed cas stery unless he was during his lifetime a to the wind as she could ma, sud withing to show that the emission to cassy the degree which is inappreciable in bearing recognised member of one of the Christian only just steerago, way on her. The men prescribed light was necessary. But I was The mate says that he saw twenty lights denominations, got moraly a person who

all in the same direction and that the say that the course they were on would referred to the caso of the "nglishman." take them in ordinary circumstances about where, so it was said, similar words used in nearest light, that is the pisintiffs jank, was nominally professed Christianity. I make six hours to get to the lening ground a section of the Merchant Shipping Act half a point on the starboard bow, thres those remarks not in any hostile spirit without tacking also that they did not 1884 had received a different construe parters of a mile off; and that after two towards a certain section of the community,DING tack at all after they were ones on their tica The Hoglishana based minutes steaming the light widened about but because I consider the Colonial Ceme course, which was not before they got on a judgment of the Privy Council in quarter of a point whereupon he altered tery, which was originally intended for the

his helm and brought the light one point away from the Point. The Holstein was the Fanny M. Carvill" which is proceeding on her regular course from very important decision but on a caraful on the starboard bow. In cross-examine interment of "foreigners," should not now Swatav to Hongkong at about elevan perusal of the judgment it will be seen tion he stretched his calculations little, be invaded by natives who have ample knots. The night was clear with starlight that these words were in fact interpreted saying that the junk'a light headened from burial ground supplied elsewher but there was no moon. The discrepancies according to their normal meaning. What a ball to three quarters or one point in these In the two stories begin at ones. The junk, the Committee decided was the proper affect two minutes. But if his inference had beon says the owner, was hit by the Holstein aft of law which says that if regulations have correct when he altered his course halfs of her after bulk hund just where we gy been infringed the ship by which they have point to port at the end of the two minutes down into the cabin," the stem was been infringed shall be deemed to be in he would have brought the light wider even the starboard bow than says he did; wrenched off std sauk with four persons fault. It was held that these words do not on board who were drowned. The re-meen. that there is an absolute presump- it would have been all of two points, mainder of the junk was towed to the shore tion of culpability against the vessel guilty thirty seconds after starboarding his helm, by another junk which was in company of such infringement, to which the Court is which shove that his inference was com with the plaintifs junk, and afterwards bound to give effect, whatever the nature pletely wrong. It isalso material tonotathat Medical Officer of Health raising no towed round to Shauriaan; and there she of the infringement may be but that theho came to the conclusion that all the other objections on sanitary grounds. I move is, or was, when this action was commessed, more reasonable construction was to be lihts were on the same tack, that is gols that the permission asked for be granted. or the alips, in witness of the story, placed upon them; that the infringi take his chservations as having been super- The law was brought in, not to enable us

away from the Holstein, so that I chanot Mesra Long King's excellent photo- ment must be one having graphe showed.

And & Stineso fru-connection with the collision; or in ficial. Further I cannot understand how to hinder ezhamations, but to make legal man from the Holstein cans and told us at her words, that the presumption of having come to this conclusion and think- that he had seen the bit of the stara culpability may be taut by proof that the ing as he said that he would pass all clear, practice which has been in force for many fonting down the starboard side of the infringement could not by any possibility he should also have thought it necessary years. I don't think it is necessary for us on the point of sinking. He also heard worde which were interpreted by this doci ship level with the water, apparently just have contributed to the collision. The area for "greater safety to alter the to hinder these permits; atles have to do crics of dave life but the master and sim were shall be deemed to be in seccad mate of the Holstein threw doubts fault" and not the proviso as to the de- on this story aral questioned the identity parture from the regulations being excused of the junk on the alipa with that of the it was necessary. These same words junk with which they were in collision."shall be deemed to be in fault" occur in For this reason. It is quite true that the local legislation which I am considering, their ship did strike a junk about where the and they must clearly be interpreted

the decision and that of the

4

a

on

Hon. Mr Brewin-Has the Medical Officer of Health reported as to whether there are any sanitary objections ?

The President-There is no report in. either case from the Medical Officer o Health,

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Holstein's course to give the junks a widers to see that proper precautions are taken berth. I am therefore of opinion that there

Mr Ho Kom Tong seconded.. was no just(Beation for the assumption that in the interests of the public health. the junkwas on the starboard tack and after-

Mr Shelton Hooper proposed as an amand- wards altered her course. Therefore as the collision did result from the manoeuvre ment that a committes of the Board be ap- which he thought his inference necessitated

hold the Holstein also to samo. As to Fointed to report on the advisability or whether the Holstein stood by sufficiently otherwise of permitting exhumations, either

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Temple Thurston. Que Never Knows, y. & Philips. The Fault, by 0. T. Podmore. Kingsmead, by Baroness Van Hatten,

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junk people say she struck thoire, but there the light of Therefore I put to the I do not think anything turns on it. The in the Colonial Cemetery for re-intarunte The Old Man in the Corner, by Baroness

Assessor this third question-The junk having infringed the regulations as to lights and carrying only a stern light, can it be said that this fact could not by any possibility hate contributed to the collision In ether words, do you accept the mate's statement lights that had there been the regulation

was no crash, only I suppose a hump; and Englishman. they heard no crics; and is the junk with her sails set slipped down alongside the Halstein both master and mato say they saw the out line of her sails and her throa masts stand ing; that is to say, they saw the pole je the stern on which the stern light would have been suspended. Therefore according and the vessel on the slips of which we had seturately 1 His moawer fe-Eniphatically

assessor however does not see anything to criticise in the manoeuvres adopted by the Holstein after the collision.

Mr Colthrop asked if his Lordship had made any order for costs.

His Lordship-The usual order.

Mr Slade. When both are to blame the

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to thom this juuk was not eat in two at all the could have told the junk's course more usual order is no costs. It is perfectly well they thought the Board should draw up When a Woman Woos, by Chas. Marriott It is speedy and durable. It has 8-UNIVERSAL: KEYBOARD

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the photographs is not the junk with which it cannot be said that the intringement of they collided, and that one has joined the flect of the Flying Dutchman. In order got at the truth of this preliminary fact of identity I proposed two questions to the assessor. First: Would a junk with her stora knocked off as shows in the photo graphe put in evidence keep suficient ly aflost to enable her to be towed some seyen miles to the shore? And further to enable,, ber to... ba

the regulations as to lights could ust by any possibility have contributed to the collision, as with proper lights, that is," high light forward, and another light some fifteen feet lower and aft, the officer in question would have seen at a glance bow the junk was coming. Looking at this question as a jadga I sco a great distinction between the facts of this case and those of the Englishman.

There the trawler bad. round the coast to Shaakiwan 7 His infringed the regulations. by not exhibit Answer is: Yes. As

water-logged ing the regulation lights; but the court junk she would tow awash in smooth held that in the absence of a look. water long way: certainly all of seven out on the part of the schooner, this miles. Probably some strengthening would neglect on the part of the tmeler could be done to her by cross beams before she not by any possiblity have contributed to luft for Shaukiwan. Second: Would the collision. Each case must he decided

towed

settled that whatever cut of pocket axpenses either party has to suffer they have to put up with.

His Lordship--I should have thought the Assessor's costs would have been divided.

Mr Calthrop-Both sides agreed to engage Mr Beckwith

His Lordship-Lat the question be looked up by the Registrar.

Mr Calthrop There being no-costs the question won't come before the Registrar.

His Lordship-Then it raust come before him.

FATAL COLLISION.

Before Mr J. H. Kemp, at the Magis steamer of the size of the ae. Holstein on its merits and even assuming the tracy, this afternoon, an inquiry was held going at half spood, about sevau kuots. Holstein to have been in fault by reason of touching the death of a sampan girl who according to the mate's aridence, coming a wrong inference which the second mate

was drowned in a collision with a launch into contact with junk sailing slowly drew As

As to the course of

of the junk, I cannot across her bows ab more or less of a right say that this wrong inference would still at Shaukiwan angle, at a point just aft of her after bulk certainly have been drawn had the jank head, do her no damage at all, but merely shown both her lights and therefore that ona bor towing round and glide past by no possiblits did the exhibition of the the steambe uninjured? His answer is: stern light only do the junk not contribute

I consider that certain top damage would to the onlision caused by the zong in-

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Cemetery, or for exhumation of bodies from other cemeteries for re-interment in the Colonial Cemetary, and if they considered it advisable, what rules and regulations Mrs Whiston's House Party, by Thon Cobb,

permitting such exhumations? The Three Brothers, by Eden Phillpotts. Colonel Bedford, in seconding the amend A False Position by Mrs Baillie Beynolds ment, said although a comparative stranger The Love Story of St. Bel, by Bernard in The Colony, he could not help Capes. rearing on the enormous number The Burdon, by C. A. Dawson-Scott. off applications for exhumation and re- The Detam and the burial. All knew "of the difficulty experienced at Home in getting The Love that Killa, by 0, Stanton and H.

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"Applications here were very fre- quent, but he was not in a" position to judge whether

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regards the Colonial Cemetery, even undor the new Ordinance he did not see any authority which prevented Chinesa from being exhumed and re-buried them. He understood that the two applicants wers- Christian converts.

Hon. Mr Brewin opposed the amand- The following were sworn in as jurorsment, although he had ne objection to the Messrs A. Van Ginkel, T. Hunter, And A appointment of a committee. But he did

Warrack

not think that consideration of these ap plications should be held up until she com mitten reported.

The evidence of the father showed

be dous but not the amount shown ference as to her course. I therefors hold that the accident took place about

I

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in the photographs; as the blow would be the junk to blame. Is the Holstein also a glancing one with the tendency to push to blame? This seems to me to resolve years, was drowned, while the Bah-The amendment was put to the meeting 31, Queen's Road Central, the junk away after impact. These answers itself into one question and one question show that the sesensor thinks either that only; there are a variety of abordinate ing boat was at anchor. As soon as the

Mr Shelton Hooper said there was an- the damage done to the junk was very slight questions but they all come back to this one.steam inch, struck the bost the latter and was deliberately aggravated when she was the inference which the second mate capsized and the occupants were thrown other point that had arisen, and must arise was brought to Hongkong, or anffered more drew as to the course of the junk a reason into the water.

The occupants of the on this, and as the formation of a com mitteo had not been approved he would damage while she was being towed down, able and seamanlike one? This inference was

steam launch did not attempt to vascue ask the Board's indulgence to draw their stanow the Government refused a site, but or that the jank on the slip was not tho that when he first saw her light she was on junk with which the Holstein ecllided. He the starboard tack and that his subsequent anyone but steamed away.

attention to it. Where were the bodies allowed a man to be buried in one part of naturally cannot do more than give ex- observation of her one light led him to the

A verdict of drowning by an accident was going to be interred? We had set the cemetery instead of another.

Hon. Mr Brewin--I think we had, betier pression to, his doubts Imust therefore conclusion that she had altared her course returned and of manslaughter against some aside areas for naval, military vil

on the decided the question on the evidence, aud coming back.

servante, and old residents, and we get to order port tack.

on Hooper This well to hara should sat saide an area for another section Mr Shelton cannot accept the theory that the The subeuliary questions are: If he had person or persons unknown on a launch..

that was, the Chinese Protestants. The the truth out. 40 junk is a different one altogether, for the held on his course would he have struck

The Frendent. We have decided on the board should lay, down some regulations, so Doincidence would be too extraordinary the junk, or did his starbounding his helm

an not to have theth scattered all over the two applications, and I don't know whethus for me to adopt in the absence of anything bring about the collision, or if he had

Mr Hooper is going to propose.a cosolution but surmise to guide me. And if she was ported his helm, would he still have struck

place.

The President-Is the committee

tee to or not. If not, we will go on to the other the junk and was on the slips ebo was there her or would he have avoided her? The because she was damaged, presumably by court is not to be wise after the event; and

Pr Shelton Hoopers you, will re de Lau, Chu Pak mored that & select

particularly to this case, or generally? business,? tho- collision; this would not effect the we knew now that if he bad done anything The Bandmann Opera Company had a judgment but only the amount of but what in fact he did there would have ans pocsage up from Singapore and on from my remarks, it must be generally committee be appointed to deal with the damages, an to which those would have been no collision. If as a matter of fact their arrival here by the P. And 0. Do's Mr Lau Chiz Pak-It will have nothing question of exhumation. The Chiniest only to do with these two applications, which disturbed relatives graves on occasions set to be some precise negative evidence. the jonk did alter her course then possibly

fatto spart for snoestral worships. I have reason to doubt the inference different considerations might arise. I Davaths this morning, appeared full of have already been granted

Hen, Mr Brewin-If there is any doubt Hon. Mr Brewin seconded. drawn by them on the night in question. tharafors put this fourth question to the life, bustle and misty. We anticipate a

motion I will move that the ap. Mr Shelton Hooper did not think à com misssssor-ID your opinion did the junk auccess for the "Gay Gordons," particular about mys I conclude that they must be taken as to what they saw of the junk se alter har course. His ver la-No. I

rabury in the.Colonial Cemetery.dk Board, should authorise the President to she slipped by the steamer. Moreover believe that the junk was on the port tack 19, while other items in their programme plicants be given a permit to exhume and mittes was necessary. He thought the Quotations for any description of Machinery the identity of the junk was not formasily and kept her course the whole time the s.s. ought to stingt theatre goes. The Merry Mr Shelton Heopar-Who chooses the grant permits for exhumation, provided it challenged so as to throw the burden of Holstein was in sight up to the collision. Little Maids all looked charming this mom-site somewhat superficially" in De examine the nautical evidence; and with regard to

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Even was foc remoral out of the Colony don't care who The Prendent Then there is the other question of re-burial in a Chinesa cemetery

proving it on the plaintiff; it was only done The Assessor hases himself, of oarse, of Ing, and delighted... many a jaded residentses the Bites in a da. I think The Chinese choose lacky dayok

ior, so that the onus was on the Holstein; that evidence I see a reason for by their quaint remarks on Hongkong

disbelieving and many points occar to ma which

the statements,

ints of the proved might have gone far to substantiate people as to the lights which they saw

Junk

the suggestion such as careful examination Both men were positive that they saw the

Bragi Mr Shelton Hooper-Eat I

it would be very ropugasut to civil servanta in Dinosa cemeteries bored was a

for me f

to bury Chinese on their site and raises monument orare hinataggi

Hon Mr Brewin-Why should you speak Mr Shelton Hooper Because I think

are credited, with su

How Mi Brovin--I hope I am, nob

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DODA theis in selected sites. bodies and re-buy

Me Shaiton Hooper don't think any humistion and removal from the Colony-s

The President and Registre Ganem! were appointed a commites: to great ex humation perm

bermits for removal orb of the

An animated controvseny has arisen of the jack itself, and as to the owner steamer's red light and nothing could shakes between Sir & Swattenham, the on-Gover- ship as shown by the books of the them; it was also clear that they knew tad nur of Jamaica, and Sir S. Olivier, the owner of the lips. While therefore I from green. They say they saw the Holstein's Governor, regarding the amalgamation of admit the foron of the severanza" doubts. I | miast hand white light and her red light Kingetan with St. Andrew here, Sir that you have foalings which most of us opposition: should be fruited to their ex- must hold that the junk's identity has did not see her green light till the mamant Alexander Swettenhamn gwna proparty and been established. I now come to the of the collison. Moreover I cannot question of his The evidence of see the alightest resson for doubting their resides. The e-Governar sy that the credited with stab feelings.

plaintiff himmelt shows that the junk story as to what they had been doing and Government misunderstands the financial The President-Parsons are burled was not carrying two bright white lights as to where they had been and where they station, to which Bir Bydney Oliver rep regular order in that portion of the

"tery to which that person is entit of which one was on the forumist head, were going They had been Sabing i she was apparently carrying one in the about the bay for few days Ware some lies by mying that Sir Alexkader Swetten-Mr. Shalton Hooper stern which was abont az fest above her miles to the west of Tong di Point and ham attributes to him the policy promoted ion of any information ball or sixteen feet above the sex abe were going straight back to their ashing by his own Government, and that his state

the

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"had a second light it was on her main, maat 3 ground. I now come to this mumb of si (monte are: s.ba:

not, I don't think you

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CO., LIMITED

MAN JOHN & ROBERT HARVEY

And not on the foroment it was not at the trouble, the Inference, which, they made

fog even of that mast and was not so high drew that, the funk) was on the starboard.

the light in the stern The defendant tack, and I think that

relies on this tact to bring the junk within Holstein's laquity mart

120 30 new section, introdcood & this was a reasonable

toit the Merchant Shipping Act of the faresos. I therefore put this

Be PAY

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