1922-08-14 — Page 4

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THE CHINA MAIL.“

MATILDA HOSPITAL SURPLUS FUNDS.

HALF TO BE USED FOR. MEMORIAL NURSING

HOME.

AN INTERESTING JUDOMENT.

MONDAY, AUGUST 14, 1932

STRIKE.

MEN'S DEMANDS GRANTED BY FIVE MORE OF THE SMAL-

LER COMPANIES.

pelled to registar in Shanghai.) Wo

Justice held that. "assuming that Then there is also before the Court THE SHANGHAI SHIPPING are obliged to emphasize the fact that,

at the date of the testator's death, his | an affidavit of E. J. Chapman, a Land like Gilbert's flowers of spring, it has

residuary estate bequeathed by hia and Estate Agent, who submits nothing to do with the case, tra ls.

Will and Codicil was more than suf- accounts showing in detail the value Yat the Morning Post says "the point

cient to provide for the erection and of the estate. He states that the of interest for Hongkong is that under

maintenance of the Hospital therein Matilda Hospital working account, as the new Registration Ordinance we

mentioned, the surpins must be devot-sudited for the year ending 31st may not be any worse off than our

ed to charity and the cy-pres doctrine December, 1921, thows that the ex fellow subjects on the mainland." So

be applied and that there is no resul-penditure incurred in maintaining and you ees that, though it may not have

ting-trast for the next of kin as re-, running the hospital amounted to

With the exception of the signing. been designed propaganda, it has

garde each surplus." Hs "declared $65,308.58. The accounts also show and acceptance of the men's terms been doing propaganda work. Or O an application relating to the that the residuary bequest in the that there was a surplus of income by five Chinese shipping companies course we would be

worse estate of the late Mr. Granville Sharp Will and Codigil is a gool charitable, from the estate after defraying the there were no new developments on off." We would always, and an interesting judgment has bead bequest and that the Executors and cost of maintaining! and running the Aug. 8. in connection with the ship. anyhow be better off, by virtue of delivered in Chambers by the Chief Trustees of the Will should ereot and Hospital, in the year, of $190,849.43, ping strike. The five companies were living under our own lag justead of a Justice (Sir William Rees Davies). provide for the maiatezance of a Hos Figures were also laid before m the Mow Chong, Yue Fong, Ping foreign one. It is no part of our job. The testator, who died in 1899pital at the Prak in accordance with showing the surplus income from the Yang, Tung Yue, and Shaw Shing. to defend or attack compulsory bequeathed the residue of his estate the directions contained in the estate for the last five years from The Ningpo- Shnoshing 8. N. Co. and registration of Betishers in a foreign for the purpose of erecting and raid Will and Codicil, and that if which it appears that the margin the Jensien Co, signel on Monday. country. Our objection is to com- maintaining a Hospital, which is now dus provision for the erection and between income and the amount It is stated that the Sau Peh S.'N. pulsory registration ca our own the Matilda Hospital, situated on the maistesance of such hospital should required to maintain the Hospital has Co. are willing to grant their meni- middea, as the saying is--and the Peak. The surplus income arising not exhaust the whole of the residuary steadily increased. two situations are incomparable. from the residuary estate, after provid-state, the unexhausted portion or

creased wages as from July 29, the There is no possible connection. Wing for the maintenance and up surplus ought to be applied to charit-flome which it is proposed to erect an increase wassent, but not from Now, in regard to the Naming day on which the first letter demand. submit, since we must, to the order kerp of the Hospital, Las largely able purposes according to a scheme as a Hongkong War Memorial. Mr. D. January 1. This offer has been re- that we must have a passport before increased, and the Court was asked for the regulation and management GM. Bernard, a member of the Com-futed by the men, on the ground that we can go to a foreiga country. We by the present Trustees of the estate, of such surplus trast property to be mittee appointed to determine the the company have agents in Hong- don't quite know what we would do Sir Paul Chater and the Honourable settled by the Couth having regard ferm to be taken by the War kong they should pay the wages fixed if they ordered us to have a passport Mr. A. G Stophen, to order that one to the directions contained in the Will Memorial, submits a pro forma outline is the Hongkong award. to go from Vieteria to Kowloon, or half of the surplus fu.ds be appro and Colicil and the whole circum- of the constitution of the Nursing Three hosta arrived in port from the Peak to Wantani; but it priated towards the endowment of stances of the case." would probably be something noisy the proposed Nursing Home to be

-the Hain Ning-boo, Ningshin and Home as approved by th: Committe, and unseemly. Hence these protests erected in conjunction with the Hang- b. made by the Registrar, as to the Institution to provide the very he thaothing Co. have signed the agree He ordered (1) that an enquiry and be states "It is aimed in this and the Ching Chong. As the Ningpo

now..

Another point we were overlooking. The Government assures us it is not s move in the direction of military conscription. We never said or sup posed that it was; but we pointed pat that if it is not a preliminary to industrial conscription is lacks all point and purpose. Let us simplify it If the Government passed a Registration of Incours Bill, what would you think, if the Government were to assure you that it only wanted making an Tocome Tax? See now? Now a final word for the mentally inuit folk who are reasoning in this way:-

kong War Memorial.

went, the crews of the first named

boat will not strike.

Jensien's Ftr.."Ping Yang' was able continue its voyage, the crew hav- ing received an increase.

THE CORONET.

"SHE LOVES AND LIES."

The part which Norma Talmadge

though it must have been specially attraction at the Coronet, stems as

The matter engaged the attention scope, size and costs of the medical and surgical attention and of the Court in 1904, when the then and Codioil to be erected and main of the majority of persons in the Hospital directed by the said Will nursing, such as is beyond the mana Chief Justice, Sir William Goodman, tained, and as to the endowment Colony, without some measure of ordered that the available surplus required for such maintenance, with assistance, and to relieve cases which fundi at that time, af er providing view to the future expansion would otherwise, suffer for, lack of for the Matida Hospital, should be (if necessary) of such Hospital, au proper treatment, ant in particular to devoted to charitable pu pores in that a scheme for the erection, afford to those who served in the late accordance with a scheme to be drawn endowment and management of war sccommodation and treatment up and approved by the Court.

such Hospital be prepared by the within the discretion of the Committee The application dealt with by Executors and Trustees and settled on Sir William Rees Davies was based by the Registrar subject to the ap- treatment

special terms including free No where expedient. upon that order and the evidence

that the funds for & War Memorial day and the Committee are convinced Mr Eldon Potter (instructed by any surplus of the residuary estate could not possibly be devoted to written for her. The minor parts are

(after providing for the erection and better or more useful purpose. maintenance of the said Hospital) The proposed articles governing the they are more foils to the witching cleverly enough sustained but at beat ught to be applied, and that a Nursing scheme be prepared by the Executors Committee to regulate the fees to be fascinating reels, joy of life and dan- Home empower the little figate which trips through five and Trustee of the Will and settled paid, which shall vary according" to cing fun in her every movement. by the Registrar, subject to the ap- the circumstances of the patient," and "She Loves and Lies" is pure comedy proval and direction of the Court, for the Committee are empowered to set with the threads of romance woven the appropriation of such surplus to apait a number of beds for which into the fabrio of it. such charitable purposes."

to know, and bad no intention of showed that the surplus funde bad/Proval of the Court." (2) "that an greater need exists in Le Colony to has in "Sho Loves and Lien," to day's

increased to a large extent sicco the to the charitable purposes to which enquiry be made by the Registrar as death of the testator.

Since I am willing to register, why should I worry about being compelled to register!"

We actually heard that.

You may be willing to give $100 to the Swatow Sufferera. It will cost you not a cent more if the Gore 3- ment compels you to seed a cheque for that amount. Why should you worry!

Perhaps you are right. Perhaps you are the sort that shouldn't worry, about principles, British traditions,

and the like. But a true Briton must

Mr. Hoop, of Meers. Johnson Stokes and Master) appeared for the Trusters. The Attorney General (Io ourable Mr. J. H. Kemp, K. C.) appeared in bis representative capacity.

THE JUDGMENT. The judgment was as follows:- Chater and the Hon. A. G. Stephen, This is an application by Sir Paul the present Trustees of the estate of the fate Granville Sharp, deceased.. 1899 and by his will gave the residue The said Granville Sharp died in

|

A NEW SCHEME.

admission shall be free end shall determine what cases are suitable for

DOCTRINE OF CY-PRES.'

that there was not a resulting trust of hospital, but a general charitable the surplus far the subscribers to the

men which enabled the Court to apply. intention for sick and wounded Welsh-

worry because he cannot help of his estate in trust for the erection: judgment arem to have been deferred; and, in accordance with the enquiry the fund cy pres

$

The Court baving at that time | such admission." (1904) given a decision on the all im- portant-question as to the application Now the question which I have to directed by the learned Chief Justice's submitted as to the sarplus of the of the cy-pres doctrine, the enquiries decide is whether the proposal now

when British officials begin to act like Mount Kellet in this Colony now which is accrued to the estate the be approved. I may observe that the eays The trustees of the fund, having and maintenance of a Hospital.. at but owing to the very large surplus directed by this Court in 1901, should Prussian officials, putting Prussion

P. O. Lawrence, J., in his judgment* ideas into legislation to affect Britons, known as "Matilda Hospital" and Trustees now deem it practicable and appropriation suggested only deals this surplus in their bands have come The Chins Mail is not sanguine inject to the trusts set out in the uccessary to submit a scheme for the with one half of the surplas income to the conslesion that it could best this matter. It knows that the officials will (in the first beat any way) get a walk over. The Bill may pass If it were to pass and to law for ever, and we knew this for inevitable, volunteered. If the "bumian stare "we could do no other thun we have argument was volid, that is vlid, and done. It in our duty to protest, whe that will happen. Let us finally wara ther there is oris not a chance of the the Government not to build too protest being effective. It is a shamo ful proposal, at which future Britons, much upon the fact that the opponents,

upan the Government's promis not to opel their services, a make the only effective protest they ran against con cription by with-holding the HONGKONG, MONDAY, AUGUST 14, 1922riers they would otherwise have

**TRUIN, JUSTICE, PUBLIC SERVICE"

OBNOXIOUS REGISTRATION

LAW.

are

When a

and

MAD is

The official explanatione assurances given to us for poblication on Friday do not answer any part of our object our t the Registration of Persons Bill and we are in no way mollified. They absurdly inconsequential pointing an obviously loaded gun at ng, it is no relief, to be told by bim that he does not mean to shoot, We do not doubt his honcety of intention, but we distrust his capacity. His finger may slip. We object to the painting itself. The position is so simple and so clear that we require no

of the Bill have been less openly we are very sure, will look in mach expressive than we advised them to amazement. Our immediata hope is be. Although there have been few that Britore at Home will not ba too letters in the papers, the opposition precconpiel to look at it and say and the resentment is present and what they think of it soon, pervasive. Let them set their own me upon enquiry; they will find that it is so. Let them weigh their.

game against that candle, and ser if it be Let us tabulate it. We now have it worth it. What is their game again? from them definitely that all they want is chim:

LOGAL' AND 'GENERAL.

returned home from the China Station, The Alacrity, which recently is to be returned to her owners at Cowes. She was really a yacht before (1) Check on undesirable aliens she was acquired temporarily by the (2) Kaowledge of desirable Admiralty and commissioned throm citizens for emergencies. years ago. On the score of economy analogies to help our understanding. Both are worthy objects. Waal of thesa yacht despatch ships hava The Government explaine that approve of both, and are willing to do been done away with, save one-the registration gives them a useful check all we can to help them attain them,Triad," which carries the S.N.O.'S on undesirable alicas. Vory well But surely (let commonsense have afing up the Persian Golf them. Let them insist upon the chance)

ing

limited."

THE COURT APPROVES.

The

will. A Codicil to the will contained approval of the Court as directed to

arising from the residuary estate.

Sir William Goodma reviewed, at ships for the encouragement of the he applied in the foundation of sobciar- number of instructions, but for the the nnquiry in order (2).

The Trustees say in their affidavit length, the authorities bearing upon study of medicine and surgery by purposes of this application I think it

ly necessary to set out the follow-that these deponents have given the the Cy-pres principle and there is a person of Walsh nationality at the

matter their anxious and careful cun- pass ge in bis judgment which reads: University of Wales.. instructions, viz "I desire that the Hospital shall sideration and it is their opinion that It is possible that Mr. Granvilio question is whether the particular ap- in all things be considered to be the surplus income now available after Sharp, when he made his Will and plication which the trustees desire to established as an absolutely ra providiaz for the maintenance of the Codicil; did not contemplate that his make of the funds in their hands is ligious and evangelistic institution Matilda Hopital as indicated by the residuary estate would be more than one which is justified under the doc- That it be for the Accounts for 1921 has reached sach sufficient for the purpass of the Hos-trine of cy pres. It was argued that benefit, care and happiness of pati proportions as to make it practicable pital. At the time of his death that the suggested application was not a ents primarily who are helpless to advanos o scheme for the approval resideary estate was less than £100, diversion from the particular object ..and emphatically, that of this Honourable Court in answer 000, which at first sight might not for which the fund was raised. I the Hospital be for the poor, the (or part answer) to enquiry No. 2 seem very excessive for the erection think, there is great force in this ar helpless, the forsaken and for him directed by the order made herein on and suitable endowment of a hospital gument that, if a fund is devoted to who is alons and desolate .. 2nd June, 1004.”

of a charitable kind." I wish that different classes be

the benefit of sick and wounded, that They pointed out that "the estate Then, the estate, it appears, was benefit includes the training of persons provided for and that the Hospital was in fact sworn for: Probate at sworn for Probate at about one whose duty it would be to attend to be reserved for British, Americau $1,030,000 but as the result of careful million dollars, whereas the present the sick and wounded." Vide also, and European patients, with some nursing and judicious bandling value of the estate is over $3,600,000 In re Da Neilles, 85 LJ., Ch. 807.) very limited discretion for the after laying out $846.572 60 on the It is clear, therefore, that the testator Directors, but excluding Chinese, purchase of a site and the building and had not contemplated the extent of The Attorney-General, who is made Portuguese and Japanese, who ate equipment of the Matilda Hospital and the funds, and it is suggested, and and supported the application of the a party to these proceedings appeared well able to make arrangements for the Baternity Ward Addition to think with reason, that bis exclusion Trustees and associated himself in Mr. Hospital accommodation on the it, the Trustees now hold invest of Chinese, Portuguese and Japanese Faltar's argument. hills if they see fit, and for whom ments of $3,720.343.11 represent-from the benefits of the hospital on urged, that any scheme to be sp He, however, this Hospital would be far too ing proceeds of parts of the the ground that "the hospital would proved for the control and manage estate and accumulations of surplus be far too limited" was based on the ions arising in the will came before Testator's residuary estate unrealised, were not sufficient to include patients the free or assisted treatment of poor The determination of certain ques-income and still have a portion of the assumption that the available funds at of the Lew Nursing Home school contain definite provisions for Sir William Goodman, when Chief of an estimated value to-day of of ali nationalities. Justice of this Court, by Originating | $951,280."

patients. This is, of course, pontem- compulsory registration of aliens. (1) It is unnecessary to compel and Mr. Choa Hein Chu,....Chiness [Sammons in 1901, The Court was

Well, then as to the proposed sp-plated in the proposed Articles which Why bother and threaten loyal threates desirables in order to catch Chargé d'Affaires. in London, gave then asked to determine, inter alia.

They further express the opinion propriation of a moiety of this surplus are before the Court. citizens in this way? The Govern undesirables. Have compulsory re-lancheon at the Chinese Legation on (a)-Whether an endowment fund creased amount of the Fund the re- Home. It has been laid down that if that in view of the enormously in fund to the endowent of the Nursing ment reply to our criticisme reminds gistration of slicns, if it be aliens you July 10 in honour of Dr. Sao-Ke Alfred ought to be provided for the said strictions which the Testater thought the income of the fund, in process of I am prepared, speaking generally, us that (apart from the inclusion of ars after. Do not empty the baby Sze, Chinese Minister to Washington. Hospital and if so, of what amount, the requirement of information likely with the bath. Do not pall up tha The guests included; The Earl of (b)-If the purposes incidental to

himself forced by what he supposed time, become greater than is neces to approve the scheme, bas balore to ba useful in an emergency) it is spring onions with the weeds. Balfour, Sic Auckland Geddes, British the said Hospital do not exhaust the to be the limits of his fortune to sary for the purpose named, the Goally sanctioning it I desire to see mely a repetition of a war measure. (2) It is a repeat) not only un For this admission we thank them, necessary but undesirable and harm- Ambassador, Sir William Tyrrell, the unexhausted portion of the residue widened just as the Testator would proper, upon the Cypres principle. having regard to the proposed large Minister to Washington, the Japanese Testator's residuary estate whether adopt must necessarily to some extent Court has power to apply the sarplus the scheme more fully matured. I be relaxed and the scope of the charity to such other purpose as it may deem quite agree with the Trustees that, an respectfully remind them that the ful to risk slisasting the spirit of Under-Secretary of State for Foreign is applicable to charitable purpose probably have related them and (Judgment of Lord Belbome, LC.J., contribution from the estate which wac is ov r. It is so much and so long co-operation you want (and which Affairs, Sir John Jordan, the Danish generally, and if so of what natura widoned it could he have known to in Chamberlaynes. Brackett, 8.C. A. they reprenant, there should be sos over that all their other war measures you deny intention to coerce) by Minister, Lord Chalmers, Mr. Victor and in what locality, and that, what extent his estate would grow." have been countermanded from home. compelling desirables to register, by Wellesley, Mr. Fred Anderson, Sir neoemary, a scheme may be settled

at p. 211). This is direct authority measure of control over the moneya If the Germans can come into the threatening them with $250 fines, by Maurice Banker: Sir Charles Addis, for affecting alt general oharitable

for the present application. It is also to contributed, and to ensure this the Colony..? We suggest that they giving the police inquisitary powers Sir Arthur Shipley, Parfessor Boatbill, purposes.

Alter observing that they cannot laid down that if the income of the Trustees should be on the "Committee may regret passing this irritating ant over them, and by tangling them up Mr. M. Lampson, Sir John MaLeavy

conceive of any other purpose, to fund is actually exhausted by the of management of the proposed Nurs accessary Bill, when it in turn is with their neighbour's teh phone.

(c) If auch unexhausted portion in which any surplus from the estate charitable purpons declared at the ing Home, and further that they shall, Brown, and Dr. W. C. Chen. countermanded from Home and we One more point-rather a rida

not applicable to general charitable could be more advantageously, tap time of the gilt, the Court assumes as of right, be trustees with uther have to remind them that "we told issue, but dragged in by others. We

purposes docs sach unexhausted por-plied, they proceed to submit to the that any subsequent increase in the who may be appointed (under pro- you so." Are we right in culling it rather wondered, guessed, surmised, so ool, at the recent annual exhibi- Testator.?

The Headmaster of Weihaiwel tion belong to the next of kin of the Court the following proposal, vis: fund is also intended for charity and posed Art. 3) of the prop sty and unbocessary! We remember the suspicioned, when we sawin the Daily tion, referred to the School's success The learned Chief Justice gave

"that, as from the 1st day of Jan- applies the sarplus accordingly (At.funds of the Nursing Home. splendid way in which our citizens and Press a long piece about the Order in in preparing pupils for entrance to very elaborate judgment in which he income arising from the residuary 19 Ver. 187.)

uary, 1922, one half of any surplus torney-General v. Coopers' Company to the wishes of the testator, well Then in order to give full effect alicas too, rolled up at the City Hall Council requiring British subjects in schools in England and mentioned a remarked "I was specially asked by estate of the Testator, after providing to offer their services and set down China to register, whether this was a former scholar, John Cochrane, who the parties to express my opinion on for the maintenance of the Matilla canes which demonstrate the extent mitted for the free treatment of poor I was referred to certain recent matured proposals should be sub- what things they can do. Have those pirce of subtle propagands. After a lad successfully passed the tests for the following point of law, viz. Hospital, shall be appropriated yearly to which the Courts now apply the patients, and in this connection it recorde been kept? If not, why not? little meditation, we dismissed the entrance to the Royal Navy. He also Assuming that, at the date of the to and applied in or towards the Cy-pr. doctrine. In a very recent may be well to consider whether it The Government now assures us that suspicion, as too absurd to be likely. read an extract from a letter from testator's death, his residuary estate erection and/or endowment of the case-In re Welsh Hospital (Netley) would not be practicable to set apart it will never try to force people to give But now (Aug. 11) an editorial writer Professor Middleton Smith, whose two bequeathad by his will and Codicil was Nursing Home proposed to be erected Faad 1921, 1 ch. 655-on the outbreak free ward under the style of "The it the benefit of the special in the Morning Post bas 'fallu for sons had been bis pupils," You will more than sufficient to provide for the as the Hongkong War Memorial.” yaslifications it is compulsorily it," so we are compelled to notice it be pleased to hear that Jim has had erection and maintenance of the They further submit that "as Netley and equipped and run during tion. This, of course, will involve of the war a hospital was erected at Matilda Ward" or some such designs- registering. But human nature Just why this Order in Council should quite a good career at Tonbridge. Hospital therein mentioned, ought the condition of the appropriation to the war, for the benefit of sick and much elaboration of the proposed being what it is," it says they will have been reprinted at this time we Last year he won the swimming surplus to be devoted to charity and Trustees of the Testators will should wounded Welsh soldiers, by means of Art nat-register, without an emergency, do not know. Perhaps there have championship of the School. unless they are forced. We put this been some minor amendments. He entered in the lowest form in Sept. would there be a remiting trust for the Committee which will have the in Wales In 1919 the hatpital was Truston will convey the opinions of the cy pres doctrine to be applied, or be constituted ex-officio members of large voluntary subscriptions raped. I have thereferata request that the poft to them, that human natura justifying republication. What we 1919, and won the prize as top boy of the next of kin as regarde such management of the proposed Nursing closed, the staff disbanded, and the the Court to the Committes charged being what it is," men who would mast emphasise it that it is nothing that form. He has had remove surplus 1*" normally bare volunteered, and who new. It is not even a war measure, every term since, won the prise as top BIR WILLIAM GOODMAN'S DECISION. With others who may be appointed, after winding up the affairs of the War Memorial, and there will be

Home and should also be Trustees, property sold to the War. Office, and with the control of the Hongkong. are incensed (as many are) by das It has been the rule for many years. boy last Christmas, and does quits Alter examining at length a number of the property and funds of the pro- Hospital there was surplus of some liberty to apply further on this cuma- piece of proposed legislation, will rely (Nineteen years ago' we were opu- well in mathematim."

of legal authorities the learned Chief posed Nursing Hema."

£9,000: It was held, on the evidence, mons.

NURSING HOME SUGGESTION.

1