1924-09-09 — Page 8

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--Landon, August 2-At Birming-. ham Police Court, Joseph Selkirk, 53, inanager of the King's Heath, Birmingham, branch of Barclays Bank, and Helene Frederique Terry, 30, a married women, of 40 Blenheim-road, Mossley, Birining ham; were charged with conspiring together between September 1983 and June 16, 1974, to defraud Barclay's Bark of £5,350.

Selkirk was also charged with falsifying the accounts of the bank, and Mrs. Torry, with obtaining credit by fraud, and forging che ques for £1,700, £4,000, and 25,700 Mr. Roome, prosecuting said Mrs. Terry opened an account 0000000000000000 | at Barclays Bank, King's Heath, on

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INDIA.

SHALL WE MANAGE TO KEEP IT?

[BY ATHERTON WILSON,

Shall we be able to keep India? Everybody with any knowledge of the East is forced to ask this question to-day.

his pension, even bis remuneration, is dally threatened.

September 13, 1922, with a credit of £65. Br. June to this your her account was overdrawn to the extent of £6,197.

COURT OF APPEAL

SZE YAP CO. LOSE CASE.

PICY BOND-BREAOH="~

Judgment against the appellants was given in the pupreme Court

morning in the coms au wie

slap 8.8. Co., Ltd., appealed against the aesion or Mr. U. D. melbourne that there nad been a breach of a bond our no Fracy. Regulations on the oc cusion of the paralical attatc on their ship, the "i's Lee" and that the bond ($5,000) should be tor taited.

Appellants vore represented by Alabaster, the hon. Mr. C. G. KC., and Mr. H. S. Fitzroy, and Mr. Eldon Potter, K.C., appeared for the Crown

trum

decision

The acting Chief Justice, Mr. H. H. J. Compartz, in the course of bis judgment, said that this was 8.11 appeal Ou points of She opened a second account in law

the

of the name of the Woodworking Magistrate ordering the for Machinery Co, Ltd., in January feitura of a sum of money under a 1923, and by June 16 this year that bond entered into: by the appel- accoust was overdrawn to the Jants with the Crown. The bond extent of £2,530. A third account was executed on January 10, 1928, opened by Mrs. Terry in the name and provided for the complurcs of of A. MacLachlan & Co. was over the persons named therein, numely drawn by the same date to the the crew of the s.s. "Tui Lee,' amount of £493.

with the provisions of the Piracy Ordinuice 1914.

There was no security-for-those overdrafts.

Selkirk allowed her to increase her overdratts and concealed them from the local head office of the bank. In his monthly balances he arranged that cheques for large amounts credited to Mrs. Terry should be out for collection at the eud of the month, and when they were returned dishonoured as held them back to the following morita.

DISHONOURED 5 TIMES,

One cheque for £1,700 was pre sented and dishonoured five times and was never debited to any of

the three accounts.

After relating the facts of the case, His Lordship said the first ground of appeal was that the act or omissions relied on took place in Chinese waters but the Colonial Legislature had no authority to enact restrictions on persone out side the limits and in so far as the Regulations, purport to do so they are ultra vires.

MOON-CAKE FEAST,

SATURDAY'S BIG CHINESE FESTIVAL.

TEA-HOUSE HARVEST.

Moon-cake festival, or "Mid- AutunnFestival, or Chung-chin chich to give its classical rendering, falls this year on Saturday next, the 10th day of the 8th moon.

Tradition places its origin about 3,150 B.C. when lived the famous archer-emperor Has I (Hou Ngai in Cantonese). He shot nine of suns illuminating the the ten heavens when the sun god besought im not to make, s bull's-eye of the tenth. For this boon he was given potion which would make him immortal with a home in the sun. Before he could take the potion which had to be prepared in an un 15 night with devout prayers-mean- while, a naaghty concubine by name of Sheung Nga drained the last drop while her spouse slept through the watchnight service. Light as a fairy the woman fled to the moon to escape the archer's wrath. Every year she returns to mother earth and moon-cakes are caten in her honour.

falised into a favourite stage-play, This episode has been commer- being one of the star-numbers of Mel Lan-fang's repertoire-Mei- ill be remembered as the famous Northern actor who was down tere in 1922, The legend has been lightly lengthened and ends up with Hao f being thrown out of he moon after a hot pursuit of his concubine.

Tea-House Harvest.

:1

It is a harvest festival in that he tea-houses reap their annual arvest. Moon-shaped cakes with wonderful ingredients are made aonths ahead of the festival and hipped to all parts of the world

there Chinese are to be found. Children" delight in these dell- acies. Another aspect is the making and sale of beautiful anterns with which Chinatown vill bé decorated on Friday and Saturday nights.

For the Crown it was pointed out that the appellants did not contend that the Ordinance itself was ultra vires. It had no extra-territorial force. In view of the prevalence of Selkirk volunteered a statentent piratical attacks it was necessary to that he had not kept the books provide security for persons and correctly. He said he received goods entering or leaving the port 333 shares in the Woodworking, and to avert a menace to its trade. Company without paying for them, Neither the Ordinance nor the and an agreement from Mrs. Terry Regulations impose any penal sanc to pay bim not less than £4 a week tion outside its jurisdiction.

Actually the men-folk take little as long as MacLachlan and Co. certain circumstances it would be carried on busigeas,

competent for the local Governote of the religious side of the ment to prohibit altogether the estival except to organise a feast clearance of vessels for specified tt West Point. Schools and vari- local porte.

bus working guilda make a holiday The answer to the argument for of it and it is also one of the four the appellants was, His Lordship settlement days in Chinese busi- thought, that on the proper coness circles. The women,” of struction of the Ordinance and the course, must "chin-chin joss.". Regulations they have no extra territorial effect.

Selkirk and Mrs. Terry were committed for trial and allowed

ball.

GUN-RUNNING CASE.

FATHER AND SON REFUSED BAIL.

London, August 2-The Mau- ston House Court, London, was crowded when James Herbert Attfield, 64, retired schoolmaster. and his son, Cecit Herbert Autüold, 32, merchant, both of Felstead-road Wanstead, Essex, were charged with attempting between April 8 and July 2 to export machine-gun parts from Brewers Quay, E.C.

In

"No criminal liability is imposed on any person outside the Colony: It is no objection to the enforce ment of a civil obligation that the breach of the obligation had taker elsewhere.**

"In my opinion the first ground of appeal fails."

CRUELTY TO. FOWLS.

FINED TEN DOLLARS.

A Chinese woman engaged a coolle to carry two baskets of 42 The Second Point.

chickens from a passenger junk at The second point was that the the Praya to Cross Street. Whilst Regulations were ultra pires for on the way the coolie was arrested another reason that they had not by the Pallee, for ill-treating the been made by the Legislative Body chickens through over-crowding. Mr. R. G. Beattie, for the Com but by an Executive Authority As the result of the over-crowding. certify money bills he would missioners of Customs and Excise, the "Governor-in-Council. Mr.ane chicken has. since died. The starve, and he views any extension said that under the Arma Export Alabaster had said that the Coun- two baskets, containing the birds, of Indian rule with justifiable Prohibition Order of 1921 every cil had no right to so delegate its were exceptionally small. alarm..

description of firearmsand maching

If it were not for the power of the Governors and the Viceroy to

the

COLONY'S HEALTH.

The

Neither is the Indian pleased. guns, mountings, and component powers as to deprive the Crown of coolle was charged before Mr. The Swarajist is a difficult person. parts, were prohibited from export. ita prerogative right of disallow-R E Lindsell at the Hongkong ance. Various cases were cited Court this morning and ordered to Some wish to boycott the assem- The articles in this case were blies and the councils altogether, machine-gun parts and mountings, which stressed the necessity of the pay a fine of $10, which was sub- Dissent of the Sovereign. It was. sequently paid by the woman who others wish to join, not to en- Mr. H. Myers, defending, sald however, pointed out that the hired him It must be realised that we have operate but to destroy. Some the offence with which the men to a considerable extent already like Gandhi, wish to have nothing were charged imposed only a Ordinance which gave power to Regulations had itself abandoned our old position of to do with anything Westers; they penalty of £100. It was difficult to make rulers of India. Roughly, we would even return to the spinning understand why a warrant was received the sanction of the Crown

His Lordship pointed out that retain in our control finance, order wheel; others, like Mr. Sastri, wish issued. Attfeld, sen. repudiated

The returns of the M. O. H., for and police. The administration of to build up a highly protected any liability in the matter. He had the Charter merely reserved power the law is now largely in the hands homogeneous state, ruled in been headmaster of London school to disallow. There was no pro- the week ending September 6; of Indians, and a host of other ternally by Indians, but defended for 40 years and had lived in vision that law was ineffective contain five deaths from enteric out of II cases reported; and one services are run by natives.

for the time being by the British Wanstead a long time. He was until approved. The result has been a prompt | Army and Navy.

arrested in his own house.

No direct authority was given by from diphtheria out of two CHEOS cessation of supplies of young and But, on whole, Indian Some time ago,, at the request of Mr. Alabaster for his contention la addition 2 cases of paratyphoid able men from home, who in politicians have made no attempt Scotland Yard, Captain Aufield, and he was satisfied that it must be and one of influenza are reported. For the 24 hours ending yesterday former days played such a noble to co-operate and work loyally the younger man, voluntarily made, dismissed.

The next objection was that the one Chinese case of typhoid is part in the stabilising of India, and with us during this difficult period a statement.**** a general deterioration of service, of transition; they have sought to Both were men of respectability. Regulations were bad as being re-reported. The administration la now neither destroy the first instalment of that Captain Attield was amazed. to pugnant to Section 735 and 788 of one thing nor another, and the for which they claim to bave such find in the papers that a warrant the Merchant Shipping Act. It native blames the British for the forvent desires the establisisment had been issued for his arrest and was only necessary, he thought, to charged against the appellants took incompetence and malpractice of of Western political institutions. that of his father.

reply that it was not contended place between Wang Moon and that the Regulations expressly er Kong Moon and this could not be the Indian public servant.

Mr. Beattie indicated that a The problem has also been

by implication repealed any part of a place where great ships go." the Merchant Shipping Act. Bec The depth of water is only eight tion 735 did not therefore apply feat. The Regulations could only The second section referred only to legislation regulating ceasing trade Pply to a place where piracy was bave not possible and could and it had, in his opinion, no appli effect even in the danger cation to these Regulation.

70110 where that offence was The next point was taken by Mr. insusceptible of commission, Fitzroy. He pointed out that in order to determine the effect of think it was necessary to go further His Lordship.said that he did not legislation it was necessary to look into the matter than to say that at the object it had in view. It the breaches complained of took was here necessary to examine the place within the limit defined in scope and intention of the Ordin-the Regulations and the obligation ance. Then piracy-jure gentium of the appellants was absolute that being robbery within the jurisdic- the conditions of the bond should be tion of the Admiralty: piracy could observed within the danger zone. only take place within the jurisdic The Legislature must be deemed to The breach of obligation have been cognisant of the con

dition of these trade routes. E

In his opinion the appeal must be dismissed with costs.

Mr. Justice Dyer, Ball, concur ring, said he had very little to add to what his learned: brother had said. He had come to the conclu- sion that Mr Potter a view of the

*

All this follows from the idea further complicated by the exist- further charge would be alleged listic and hasty reforms of the ence of the native Princes. They against them which involved a Montagu-Chelmsford report, adopt rule, with British help and penalty treble the value of the ed by the Government of India guidance, practically one third goods concerned. Act of 1919.

· Their ⠀ wealth- and | of India

The magistrate ordered a remand The definite and distinct under revenue le immense. Thelf loyalty and refused bath standing was that an experiment is marvellous, and their pride, in was to be tried, the ultimate aim personal contact with the Viceroy of, which was self-government or and the King-Emperor is a tribute Home Rule, but the preamble to to the justice of British rule. But the Act most carefully laid it down today they are puzzled and that the final granting of the worried.te Dominion condition was to be "It fa a curious paradox," said strictly dependent upon the success Lord Peel to me the other day: of the various stages of the experi-but the nearer you get to Home ment.

Rule in India the further you really

It was further agreed that ten get from it.

years after the Act, that is to say,

The explanation les In the

ADVERTISTAX

ROXOR

in 1930, a Commission should religious and the caste system of report to whether and to what India. The present aglution is government in India, and since extent it is desirable to establish largely run by high Caste Hindus, 1919 we have soon the control of the principle of responsible govern and Hindu Home Rule would re the country gradually slipping ment, or to extend modify or sult the opinion of both away. There is only one way to restrict the degree of responsible Mostems and Impartial observers stop the rot, and that is by a government then existing in Hindu rule. The Brahmin definite measure of reaction for

It would not be hard to show caste would dominate India, Just the time being. shaz the present state of India as the Moral rare ether In requires a firm hard, and the would, If reported on now, demand is democratic The result is that sentimental platitudes of the the restriction of oxisting forms of the moro, noisy and extreme the Fabianistic Lord Olivier, are the government, and, for the safety Hidulator Become the wrong medi-inen for her now. and prosperity of the country, a stronger become the forces of few more false steps und nope return to the old system, ut reaction.

operation", will boca quastust

sistance

The presant experiment has And side by side pleased, no one." The Angloj negation, of rule them Indias: fluds himself adrift from economic policy. his traditions.” He bitterly resents, definitely;; aimed.

the position of pseudo-equality with | countrysch||

the Indian, in which he is placed Already there is an Hid tenure of office, his security, amount of densocrai

Who knows but whit the racan, murder of Mr. Day, In the streets. of Calcarta, is, but the brefade to In apoch of bloodabad 'ngil war.

ators which the Indian-20

tion.

STO-DAY'S ADVERTISEMENTS.

NOTIFICATION.

intention and effect of the APratenfioné. Ordinance, 1914 was the correct view, Ordinance and the Regulations. pésred to have Been specia Kemgned to avoid impeachmen

the

that

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