1911-08-04 — Page 6

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THE CHINA MAIL.

THE STEAMSHIP CASE.

Judgment for Plaintit.

FRIDAY, AUGUST 4, 1911.

discourtesy, it brought forward to the

for the

[Corramur

A DELAYED TREATY.

Independent News Agency's Service to the China Mail)

TORTO, Aug. 4 Notwithstanding the exertions of the

His Lordship's judgment was as fol. judgment iurarodiately for the defendants. notice of dismissal is roof and the difficulties of sotling the

Both parties will therefore remain at present in non-Treaty relationship,

STRIKES.

P

naked, as pointedly as any question

kooping watch should be in communis could possibly be put, whether the

ation with the man at the wheel ptain of a passenger steamer, would give. and close to the telegraph, that his owners ample justification for summary Government considered the rent

onthe bridge. The captain may slip dial But nothing of this sort has which the lessee had agreed to

iate his room to light his pipe-in and out bean proved. I think it quite possible that Mr Justice Gompertz, at the Supreme at his own risk-they always do. If the the captain's monsures with troublesome pay was an adequate one But Court this naming, gave judgmont in the engineer went to the bridge to report, and passengers were on the regular aide-- could find neither captain nor mate that perhaps he was sometimes not a tactful as the answer WAS für from being

claim for damages for wrongful dismissal would be a serious dereliction of duty. It is he might have been possibly defendants direct as the query.

brought by Captain Tom Austin against 's serious thing to The

be off the bridge when thought they would like to dare a mildar COLONIAL SECRETARY embarked on months salary in lieu of notice, and but the

Chi We and Co., for 8870, for three the vessel is under way-there would be mannered man in command. But this is

more risk ple is the sine." Now I will the sound plea that there was an oral mercial Treaty with France could

or crowded wator, nothing

but conjecture. I came next to Japanese Government, the new Com- v, principle a rambling, irrelevant statement as to lodgings for three months at 850 a month. confess that when board this tatimony agreement for the determination of the the capital outlay, the improvements Mr D. V. Stevenson was for pinistir thought the case was at an end, and engagement on twenty-four hours notion, not be concluded on the 3rd inst

subject.

to any rebutting evidence the It has been repentedly held in this court the day Exed for its signature, owing to and the rates which will have to be and Mr Lawis for defendant.

plaintif might call I was prepared to gira that, special agreements apart, three months the changed political situation in France borne by the lessee, and deduced that

lows This is an action for damages. fore refused Mix Stenregson Jerve

master of 3 vessel. The "it would appear" that the accepted wrongful disurised by the master of a local practice was usual and ordinary with her ones that they have failed to convince yo

evidence to prove that the phins is of course on defendants and I will say at Customs rates. tender was." as good as the Govern passenger ship. There are two dafancon boats of this type. if rice that the alleged agreement, was over

ever made, Iment was likely to obtain.". · Wyhak | justification-the "employers maintaining is really wrong and indafausible I sua provious occasions the plaintiff's service us It was pointed out that on several publicity had been given to the that they were entitled to dismiss the can be no defence merely to proce

it ba sasal and prevalent. Finally however, master had terminated very suddenly, but letting of the premises? Tenders, plaintiff for negligence and failure to pro-it seemed to me not to be altogether fair is allegos that it did so on each occasion perly discharge his duties as master, to decide adversely to a man in a mattor of by mutual agreement and in any case the we are told, were invited during five Secondly the employers say that under an

his professional duty and competence on defence is not that the agreement for weeks in successive copies of the oral agreement made between themselves skilful an expart, moreover who rane into ordinary one but that it was spodin

the authority of a single expert however twenty-four hours notice is a usual or TROUBLE IN RUSSIA, EGYPT

AND ENGLAND. Gazette, and attention was called and the master on his appointment, the the case not with an adopendent and are expressly insisted on by the dire to the matter (gratuitously we may twenty-four hours notice on either side.

ongagement was to be terminated by quasi indicial status as aa sasensor duon tors because the plaintiff bad given them

hua merdly as a witness called by the other trouble on previous occasions. It is very (Router's Service to the China Mail) add) in the news colums of two There were also insinuations-they are refecting apen Captain Jones' impartiality the plaintif at the request as they put it side.. I need badly say that I am in no way likely that when the directors engaged

LONDON, Ang 3. nothing more, for they were not sup- I am quite sure that he gave his evidence of a third party, they felt they were

12,000 dockare hare struck at St aman out of Petataburg. scarcely conceive a more eloquent ported by evidence that the plaintir with mirupulous fairness, and he was very confersing a favour ou

in bronch of his duties, to his employers areful to state that be had no local employment. They may have thought that illustration of the meaning of that comported himself towards passengers, I therefore reserved my decision fair that they should not be bound by the

UGLY SITUATION IN CAIRO. much-used word “Muskee." In such European and Chinese. Now as to the and with the consent of the parties I have three months rule. But they failed to called in the assistance of Captain Pybus, antisfy me that any such reservation in a case as this the matter should have defence of justification this was based upon RF, an officer also of very great ex their favour was insisted on by themselves

LONDON, Aug. 3. been widely advertised for weeks and by several witnessas for the defence the China coast and river service, he denies it and I accept his denial. Possibly certain evidence given by plaintiff himself perience and with peramal knowledge of or assorted to by plaintif Plaintiff stoutly Yet not a single advertisement was in-mate, chief engineer, compradore and moreover had frequently served on Marine

a somewhat no- serted in the newspapers, and no notice second pilot-to the effect that regular to him for his trouble and for the ssenger trade where competition is keen were frustrated by mole of strikers

Boards of enquiry. I am infinitely obliged sided

I mean that in the pas

was even posted on the buildings watches were not kept on board. Itapaistance he has given me. I proceeded as owners may feel that they are losing bus-whom the pelice repeatedly charged with follows: hest read over the part of Bauh declaring them "To Let." Tenders peared from the plaintiff's own statement witnesses evidence relevant on this point ter, which at the same time tite gives them sabres, the ricters responding by throw

aulinens through some idiosyncracy of a mus that he and the mate usually took the and then put my questions to Captain no grounds for summary dismissal. Then were invited in that un-read publica-sel out of harbour at 9.30 p.m. After Fybus, As to the plaintiff's evidence they tion, the Gazette, and two little Capsuimun the mate was busy with the to the duties left to the Chinese are in a dilemma. Payment down in ing stones and bring revolvers...

cash of three months full salary might be a pflats and tins course of himself and heavy oharge on the farmings of paragraphs appeared in local journals. tickets. The captain remained on deck until the mate I put the questions (1) Doca small local steamer. On the other hand if Yet the Government considers it has past, Castle Peak for one and thres this describe the usual course of duty on they give three months notice they may

16. 80, 1

in this under the circumstances a accension to conador their interesta, may do chat with passengers for two or three hours proper and seamanlike way to run the ship, serious injury to their buaiasa before the iden is that if one is anxious to success-being on deck again at the Chain Rocks. or is it negligence, and behaviours calculated period of notice ruda out. I admit the

A masa meeting of Londen dockers fully conceal a fact the best way to in open waters the captain stated that he to imperil the xafety of the vessel is difficulty but the remedy is in the hands held yesterday resolved on a general left the vessels to one of the Chinese pilots replies were 1) I believe this to be the of the owners. They alleged on this strike. It is expected that 20,000 will

usual course of

or the Yangtaze. (2) It is is ready

to necept summary not agred unlicensed, merely Chinese seamen with good quite in order and reasonable. The captain there is

be required to put his agreement in London. was called as a witness stated that he would not be proper

and

ie on provided he

the alert it writing. I have suggested that course possessed a coxswain's certificate. The with the pilot who has local knowledge. lengthy judgment, but I wish to have the lead to a strike of the transport workers

to interfore belo

Mr Ben Tillett said the strike might a similar occasion. This is a before, on a

captain said that the. Yosecl

was The pilota are very competent men. I facts and my findings on them clearly set of Europe and America.

SUPERFINE QUALITY, AN IDEAL SOAP FOR SENSI. of the daily papers." Ond could

TIVE SKINS.

Co., Ltd.,

A. S. Watson &

CHEMISTS BY APPOINTMENT TO HE. THE GOVERNOR

OVERSTRUNG

MEMOS FOR TO-MORROW.

12.30 p.m.-Meeting of Members, of

Hongkong Jockey Club.

UPRIGHT

GRAND

General Memoranda

-

MONDAY, August 7:-

Bank Holiday.

NY

Hooff & Hooff

Price $475.

A liberal Discount given forį

CASH,

waters. experience and did not know the Canton under the circumstances it would be only

the

9.15 p.in-Orgin Recital at St. Johns done its utmost in the matter!" Oun quarters to two hours. After that bo would / river boats carrying only two officers i (2) foar that the captain, having no further

Cathedral. TUESDAY, August 8-

Noon.-H.K. O. & M. Steamboat Co.'s

Meeting.

"Hall.

notice.

occurred at Chiro.

A serious strike of tram employees has

Attempts to run the trams yesterday

11

Many were injured on both sides.

LONDON STRIKE GROWING:

LONDON, Aug. 3.

4 p.m.anitary Board Election in City do so is to advertise it in the Gazette of whom he carried two. These pilots are Riverboats beauty not only on West ocasion an oral agreement.. li a' master be idle today. The unions abroad are Neon-Ordinary General Meeting of desire to impress upon his hearers and local knowledge. Ono, of the pilota who is always available and can be called not no reason whatever why he should being asked to boycott ships from

WEDNESDAY, August :-

Hongkong & South China Steam Fish- eries Co., Ld. 5.30 p.m.-Annual General acting of

the Victoria Recreation Club. THURSDAY, August 10-

-10.55 o, m.—Full Moon.

The China Mail.

HONGKONG, FRIDAT, ACOCST 4, 1911.

THE OLD POST OFFICE.

The COLONIAL SECRETARY, in his

the public the enormity of the rent

to be paid by the lessee, said that it represented a total of $23,000 per acrc. He might have made the figure much more imposing by work-

follows that the plaintif mast have judgment. Three months salary he is

·LONDON, Aug. 4 entitled to. As to the quarters he is not A meeling of masters and dockers sus of pocket through the dismissal the

ing it out on a square mile basig daty, that he followed the custom, and be a report made to the bridge as soon had this payment to make while still was held yesterday afternoon. Sir. A.

OL

His Lordship On what grounds? Mr Lewis-To appeal

S. MOUTRIE & CO., LD yesterday relative to the letting of in which much more could have been the captain nor the inste the bridge, came out wirun the boats were rather thick for a stay of os ocution. The usual course

SOLE AGENTS.

Hongkong, Aprli 16, 1907.

made out of the

THE AGADIR EX- PULSIONS.

BRITAIN'S VIGOROUS

'INTENTIONS.

in charge of the pilota for perhaps consider the practice described in the

10 CDS ( cut in the event of an appeal. As the captain's evidence seamanlike and reason defendants' two plens have broken three hours, but that the

mate was able. I then requested Captain Fybus down it knocking about part of the tine. He opinion on the Chief Engineer's evidence, added that he considered he dit bis The comment an "If boarings get heated the engines should be stopped at once and 8552,000,000 a square mile!

went on to state that in fact he himself possible afterwards. The captain might defendants service. 1 disallow this part of R. Rollit presided as arbitrator. Reviewing the whole thing, it seems was always in charge of the ship and that easily not bo the bridge if the. the claim. Eut the point was not argued The Conference is to be continued

at oneo that the

and I willing to hear the parties in Chato-day. as if the Government, with a vacant it was incorrect to say that the pilot was in zeer went up

captain fa out immediately if the bara if plaintiff presses this point and his charge. He himself was always ca the telogmph ringe shows him to be on solicitor really thinks he has any case, pile of premises in the very best centre bridge and was in and out the whole time

A alightly more optimistic feeling the alert." On the pilote evidence Subject to this thors must be judgment for of the city on its hands, was only and the pilot never knew when he was

the comment was **The pilot was not in plaintif for three months salary at 8940

prevails. THE questions which the Hon. Mr concerned to be relieved of the build. going to pop out. The Chief Engineer's because he was alone on the bridge. Be

fact in sole charge of the ship merely and the costs of the action. H. E. POLLOCK addressed to the

Mr Lowis-Will your Lordship' grant à ings at the minimum of trouble and evidence was to the effect that saveral would be perfectly capable of navigating stay of execution Government in the Legislative Council

times having to report temporary break the ship in ordinary circumstances, and if worry. There were innumerable ways downs in the machinery be found reither the captain was at hand and ready, that would be quite sufficient. That the captain,

His Lendship An appeal is no ground the old Post Office buildings in Queen's

situation, and he then reported to the pilot. He shows him to have been on the alert." Onia to satify me that the money would be Road brought forth some interesting and we are sure that the public stated to me, when I recalled him, that, as the nato's evidence the comment was as paid if the decision is reversed admissions. Although the enquiries agrees in condemning the aathorities did not trouble to call the captain if the are no rule the

the practice was not to keep watches, he not necessarily on the bridge.

follows."

**the_captain should be on hind, Mr Lewis-But Captain Austin proposes

There going Home and if he goes and we bring (Bouter's Service to the China Mail.) were drawn up in the form of five for their lack of enterprise and fore- latter was not on the bridge, but reported left to the discretion of

matter must be our appeal our money is gone.

the s 31r Stevenson-If your Lordship is

LONDON, Aug. 4. questions, they embraced more than sight in the matter. The unseemly to the pilot or whoever be found there be called at once that is sufficient. Chinese your Lordship that defendant should be at Agadir and Tangier, the matter of

ter. If he in at hand so as to prepared to

&lant

atay any

Britain is vigorously taking up, both I would ask double that number of actual queries, haste to get rid of the premises at He proceeded "No doubt if I had pushed pilots are as competent as anyone. The bound to appeal as quickly as possible to A good proportion of these, however, any cost is a distinct reflection on the open the swing door, I should have found evidency does not necessarily prove negliguse my client does intend leaving for the expulsion from Agadir of Mr. Ostler, were carefully avoided in the replies business aptitude of Government the telegraph rings the captain is dat im on the Yangtze. If the vessel want to

the captain in the cabin," and again **Ifence. I have followed this practice myself Europe.

Daily Express correspondent, and Mr Mr Lewis-There will be no delay. read by the COLONIAL SECRETARY. officials. If a Chinese speculator can mediately. Should I want to stop before fog, then the captain is called. The mates be arranged between the parties as to correspondent.

Anchor-comes to a station--or there is a His Lordship suggested that the matter McCullagh, the Westminster Gazeta It was admitted that the premises, get "very high rentals indeed" for comes the mate whose evidence does not opinien he gave in cross ozamization that curity. He would not great & stay of

the telegraph I am out before him." Then ridence is perfectly consistant with the situate as they are in the very heart the premises-and it is proved that differ materially from that of the captain, the captain, is a careful navigator and at nude he would grant a stay of execution execution but if no arrangement could be of the business part of the city and he can-what excuse is there for Isummarise it as follows:-Since the let then pub further question.

tends to his duties in a proper manner.” for a limited pariod. covering an extensive area of ground, the Government letting them go for ship the (new) captain and I kept diligent and seamanlike why shoulder tho when plaintiff loft the practice under captain Austin was proper, had been let on a two years lease at DEPARTMENT. a monthly rental of $406, that tenders Once again the Government is being was there there were no regular watches.

mere song None whatever. regular watches. When the plaintiff been altered on his dismissal when a new had only been invited through the taught by the Chinese "How to medium of the Government Gazette, do it." that only three were received, that no enquiries had been made as to the rents paid by shops in the

WM. POWELL.

LIMITED,

CHILDREN'S

THE NEW

"BONNIE neighbourhpód, that no calculations

Straw Hats

a

of

Jaly

gard the system under Captain Austic as a

master took command 1" Answer “I re.

SOCIAL AND PERSONAL.

I never kept strick watch under the resonable

Surgeon Verry of H.M.B. Flora has one for voyages of this plaintiff Plaintiff never kept watches in sort with a vessel carrying only two been lent temporarily to HMS. Seipe open waters. The captain said I need not watch about on a river boat carrying only

officers. Any regular system of watch and whose Docter is sick. keeps regularwatch-it was not necessary..

captain and a mate must be illusory. The In cross examinatida be said that the maste is on special duty before arriving in captain was a careful navigator and attend port-in port he is busy with passengers

to his duties in a proper manner. The

has many 5110 with sickets...

anties CRIZO: He

in con It is necessary for next witness was the second pilot. This hin to have reasonable time for sleep.

was from ten to twenty days on regard it as physically impossible for a man the ship with plaintiff.. Не саул

so much to do to keep his regular watches satisfactorily. No would

with

t

It is stated that the Earl of Crowe will take the title of Marquess of Houghton His father, the famous Monekton Milnes, the poet, was created Lord Houghton.

Mr Laurence Currie has been appointed

NEWS OF THE_DAY_ To-day's quotation for Para rubber, had been made as to how many per Mesa Vertion and Smyth, is is. 8d. shops the ground floor could be The year's total of plague cases is now sub-divided into, and that no

248. Three more masas were notified to-day• { again I summarise.......“I very saldom saw tend to efficiency to have the captain to the Council of India in place of Bir enquiries had been made as to what

Owing to the matsheds at Lok Lo His rent the first floor was likely to having been destroyed by typhoon, bathing bring in if sub-divided into rooms for that place has been cancelled unti Boys and Girls. offices Against these interesting confessions we have to place the tact that the tenant has already succeeded,

FOR

A VERY PRETTY DESIGN.

farther notice.

and

of

tr

CHINESE FEARS,

(Wah Tax Yet Po's Service)

PERINO, August 3.. HE. Chan Chin Shang, Governor of Kirin, has reported that a Power intende to occupy Toman River. Ele has requested instructions.

The body of an Indian watchman employed in a coal godown as Yaumati wos found in Thursday night foating in the harbour. The watchman is supposed to have been drowned accidentally.

The total number of cattle admitted

20 YEARS OLD

Extropeen on the bridge-I never always on the bridge. The system, des James Mackay, who resigned on bis elava- to the Hongkong Government Depola for aw the mate on the bridge except when caibed by Captain Austins in perfectly tion to the peerage. Sir James Mackay is the year was 38,409, a doraes on the antoring or leaving port. When leaving circumstances of the coil the taking the title of Baron Inchcapo. precious year of 4,333. This decrcano is

I am quite Canton the captain was on the bridge. prepared to accept the

owing to the deation of the trade with After leaving Whampoa he was someticam Captain Pybus in a subject matter ubi opinion

in A telegram received in Singapore an the Philippines, This trade was carried A Board of Military Oßcors assembled on the bridge but more often not there. I which lie is thoughly at home and his pounces that the Sultan of Perak and party anally came to an end when a compulsore - on with dificulty during the year and today at 1 and 2 Antrim Villas, corner of After Whampoa the captain remained about suficient. But even were I not ready, se Highness has been ill, during his sbance catile entering Manile. In Kennedy Town ressons seem to me as a layman, good and have arrived at Penang from England. His ninety days quarantine was imposad ou Chatham and Observatory Foods, How ten minutes on the bridge. In my watch I cortainly am. to accept his conclusions, it €1.50, $2.50, $3.50. apparently without any difficulty, in toon, for the purpose of inspecting and after the captain left I got orders from no is clear that if the matter is left in any from this country, but it ja satisfactory to 3,561 on last year. There were 107 rejected Depit 33,833 were admitted, a decrease of letting portions of the premises at reporting upon the houses as to their At-one, For the rest of the watch I was in ascertainty then, when two professional know that he is now in better health. alive as unft for food againab 118 in 100%. rentale aggregating over 32,000 per ses for occupation as Officer' Mee and sole charge of the ship till I handed overexperts dizer so widely on a matter of

Quarters.

professional duty as do the assessor and month and that he has every hope of

to No. 1. Now and again the captain came the expert witness in this case, it is not yet further adding to this little sum.

Weather permitting the .a. Houng.out. Once the exptain had left the bridge competent for me to find the plaintif in shan will make the excursion trip to Macao I saw him once or twice in the twenty of course, on the defendants, if at the fanli. The burden, of justification being. Even as things are he will draw

on Sunday the 6th instant, leaving hers days. Most days he never came out conclusion of their case I cannot come to a 348,000 during the period of the earlier than the usual time-at 8.30am. The Compradore's evidence is merely conclusion in their favour, then evidently

they lease, while he has only to pay to the instead of 9 a.. and returning from Macao that he visited the bridge at right bound to do: But the plos fails for havo, not done what they were Government a total of 89,744. As tost 5-p.m. The Sui An brill (weather on several cocasions and found neither the yet another reason, have no the alterations and renovations of Permitting) make an extra trip to Macco, enptain nor the chief offcar there. Then doubt that the practice on local river which the COLONIAL SECRETARY p.m. and returning from Macao on Sunday Assistant Harbour Master of the Colony,

leaving here on Saturday the 6th inst, at the defence called Mr Edward Jones, Acting boats in eetly what the plaintiff said it as supplied by as will be found to be the beat Brandy to take in this VICTORIA THEATRE. made so much, it a much to be at 2 p.m.

doubted if the tenant will spend

as an expert witness. Very early in the

I have also no doubt that the plaintiff ran A splendid variety entertaiment is to case. I stated that had I known what the his ship on these very lines from the date on them more than 35,000 at the be given, at Mount Austin barracks issue was likely to be I should have insisted of his appointment a master in March outside. This will still leave him a to-morrow (Saturday) night, commencing on having a marine sosor. An advises 1010 Nor can I have the least, doubt In 9,15 7 to 11.15 margin so lange that it is obvious to all devoted to military charities. Booking is his dianities and get counsel and expina múns of knowledge and that they fully

at 9.15 p.

The proceeds are to be on the Bench to whom the judge can put that his owner know very well what be was doing they had of course, ample but the wilfully blind that the proceeding the Moutrig's and only a few tion is much more helpful in a case of this concurred in what was going on. This premises have been woefully under-sets recoain untaken. These intending to be present who have not yet booked sesta had batter do ao first thing to-morrow

Wm. Powell,

Ld,

DES VŒUX ROAD CENTRAL.

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RETURN VISIT

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The whole case displays an in- difference on the part of the Govern ment which is unpardonable at a DONNELLY TROUPE time when the Colony needs every penny it can lay its hands upon. And s one reads the COLONIAL SECRET ART's replies to the questions ona cannot escape on impression of their apologetic character. Mr POLLOCK

UNPARALLELED SUCCESS.

Look out for the Greef Artisto LYNDON DAVIES COMING SOON,

morning.

the responsibility of the pilot. My nesesor was with regard to the keeping of watch and holds and I am ready to agree with him.

sort than an expert witness in the bar. being so, one would expect that if at kuy I should like to have notice in future watch ought to be kept they would as time they came to consider that regular on for trial. Now the gist and substance their desires. It follows then that boforehand when any similar case is coming air ressonable man notify the master of of Captain Jones ovidence is contained in when after all these months they pat The total number of piga admitted to chief which I reproduce. He said "On the vious notice, the failure to keep regular the Inas few lines of his examination in forward, suddenly and without any pre- increase on last year's total of $9,829, morning the ban boon guilty of breach of they make 16 yery difficult be believe that Kennedy Town depot last year wah 197,660, captain's own evidence in the box this watch sa a ground for summa dianal Many enquiries among pig dealers and serious reson of duty, such the culonable ground is the read our Nor batchers have failed to furnish any adeq In cross examination he said have no defendants had some collateral totive for and would imperil the ship and lives in her do I myself bolleve it. In my opinion the which occured chiefly in the latter af know the state of water at Castle, Peak or were made in cross examination that they ate reason for this substantial Increase local knowledge of Canton waters I don'tishing to be rid of plaintiff Suggestions mouth of the year. The total number of Chain Bocks I can't say if captain id had found him leking in consideration ta ahoon admitted to Kennedy Town was mato in Chine owed bosta koup wabchsengers. No doubt acts of deliberate 20,604, a decrease of 425 on 1909 it is their duty to do so.

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12, Queen's Road Central, Hongkong.