1928-02-28 — Page 1

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Telephone Central 1246 or 1247;~*~

33. Wong Nei Cheng Rond. Happy Valley,

China" Mail

ESTABLISHED

1846

No. 25,805 HONG KONG, TUESDAY, FEBRUARY 28, 1928.

CHATER WILL CASE.

A COMPANY APPOINTMENT QUESTIONED.

1

MR. J. T. BAGRAM APPELLANT.

The alleged appointment by Sir Paul Chater of Mr. J. T. Bagram as one of the "Permanent and Managing Directors" of the Hong Kong Land Investment and Agency Co., Ltd., in succession to Sir Paul after the latter's death was the subject of an appeal before the Full Court this morning (the Full Court consisting of Sir H. C. Gollan, Sir Peter Grain and Mr. Justice J. R. Wood).

STEAMBOAT CO.

Interesting Review By Chairman.

THIS YEAR'S PROSPECTS.

A Shareholder Praises Directors And Staff.

PRICE, $3.00 Per Month.

YENMEN PASS. · CUSTOMS ́ CHANGES.

Peking Army Marching Nationalist Government

On Shansi.

NATIONALIST PREPARATIONS.

Five Divisions On One Side, Two On The Other.

Decision.

PETITION AND REPLY.

Shanghai Tributes Paid To Mr. F. W. Mare.

Further information about the

* Your Eyes Are Safe ̃With Us”

N. LAZARUS

Hong Kong's Only European Optician.

..(Established Over Forty Years), Manager:-RALPH A. COOPER, M.A.0.A., Registered Optometrist by Canadian Govt. Exam.

(Personal Attention),

TO RESIGN.

O'MALLEY OF HANKOW “FAME”

FRANC SPECULATIONS.

Foreign Office Under-Secretary Dismissed.

MAXSE TO BE SEVERELY REPRIMANDED..

London, Yesterday. Following the lawsuit connected, with speculation in French france in which it was revealed that high Civil Servants were in- volved, Mr. Baldwin appointed a Board of Enquiry.

An interesting review of Canton

Shanghai, Yesterday. Are Necessary Qualifications Complied With?

River delta conditions was 'made A message from Nanking changes in posts of Commission- by Mr. T. G. Weall (the chairman), states that General Yen Heiers of the Chinese Maritime Cus LAND INVESTMENT CO. PERMANENT MANAGING DIRECTORSHIP, when presiding at the 108th ordin-shan (of Shansi province) report toms, under orders from the COMMANDER

Hong Kong, ed yesterday on the outbreak of Nationalist Government -- the ary meeting of the Canton & Mueno Steamboat Co., hostilities between the Shansi transfers being confined to ports. Ltd., hold in the company's office forces (allies of the Nationalists) in Nationalist territory-are now to-day. On this year's prospects, and the Peking armies in the available. The "Shanghai Times” Mr. Weall said:provided condi- vicinity of Yenmen Pass, Re-gays:

Taiyuanfu Mr. F. W. Maze, Commissioner tions continue as at present, we inforcements from can look forward to some return." (capital of Shansi) are being of Customs at Shanghai, and rushed up in order to strengthen senior responsible official in the The Hon. Mr. J. Owen Hughes, the Shansi defences against which Customs service within Nation- speaking as a shareholder praised the Peking army, is preparing to alist territory has been instruct the directors for their decision in launch an attacki

ed by the Customs Administration matters relating to the company's -It is expected that heavy fight- of the (Nationalist) Ministry of accounts, and the staff for loyaling will take place soon-Reuter. Finance, to postpone his fur- work.

tough to England "pending settle- Supporting Mr. Weall were Sir Another cable from Shanghai ment of various important Cus- Robert Ho Tung, Mr. J. M. Alves, says that the Peking Government toms problems." This announcement, who was also involved, is to be permitted to resign. Mr. R. K. Batchelor, Mr. C. G. S. has three divisions of Infantryment was made in reply to a joint Mackie, Mr. A. B. Stewart (direc- [tors) and Mr. John Arnold (secre- tary). Shareholders present were Mr. D. M. Goodall, the Hon. Mr. J. Owen Hughes, Mr. Cheung Ching- po, Mr. Lo Kai-hong, Mr. W. E. Van Eps, Mr. L. S. Greenhill.

Mr. Eldon Potter, K.C., on behalf of Mr. J. T. Bagram, and Mr. H. G. Sheldon, on behalf of the Official Trustee of Bengal, appealed against a decision of Mr. Justice J. R. Wood.

Respondents were Mr. W. E. L. Shenton and the Hong Kong -Land Investment and Agency Co., Ltd., the former being represented

by Mr. C. G. Alabaster, K.C., and the latter by Mr. F. C. Jenkin.

A “COLOURABLE ATTEMPT "?

Profit on Working,

for filling the appointment. Sir Paul had himself filled during his life-convening. time.

The secretary read the notice The directors' report, accounts and auditors' certificate Referring to the Memorandum of were taken as read. The chairman the Company, counsel said that the then read his address, as fol- appointment of the Senior repre- laws sentative of Messra. Jardine, Matheson and Co., Ltd. as one of the Permanent and Managing Directors of the Company therein provided "so long as they carry on business and have

was

111

Mounted Troops,

MORE RAIN.

N.E. winds, moderate, general- ly overcast, some rain, is the official weather forecast until

noon to-morrow.

petition from the Chamber of Commerce and the Shipping Guild at Shanghai, who had requested that Mr. Maze be requested to stay here for the time being.

Navigators' Petition.

In consequence of the Board's findings Sir A. Chamberlain has directed Mr. J. D. Gregory, assistant Under-Secretary of State of Foreign Affairs, to be dismissed; Commander Maxse to be severely reprimanded and forfeit three years' seniority.

Mr. O. St. C. O'Malley, negotiator of the famous Hankow agree-

SIR MILES LAMPSON.

Sir A. Chamberlain adds to the higher officials of the Foreign the announcement a minute that Office.

In their petition to Ms. F. he is glad to observe that serious Chang, Director-General of the as were the offences from a Ser- Customs Administration of the vice viewpoint, there was no ques An anticyclone is at central Ministry of Finance, the Cham-tion of corruption or the use of

south Manchuria. Condi-ber and the United Navigators' official information. tions over south China are un- Association of Shanghai stated:— certain. Moderate monsoon may be expected over the China Sen.

over

All Three Lost.

The report reveals that all

While all commentators regret the revelations, it is thought the report amply vindicated the hon- ourable traditions of the Civil Service.-Reuter.

In the course of the case it was mentioned that one of the qualifica- tions provided in the Memor-

[Earlier cables announced: andum of the Company

"Ever since his appointment to for

In the course of the Iron the necessary qualification of a

the present post, Mr. F. W. Maze,)

monger-Dyne proceedings; it was the Commissioner of Customs of three lost in franc speculations, stated that Mrs. Dyne was a Permanent and Managing Director was that such a person must be a

Shanghai, has handled the work Gregory about £20,000, Maxse friend of Mr. J. D. Gregory's senior representative in Hong Kong

period under review including in-ed troops marching on Yenmen carrying out his duties, he always £100. Gregory in 1923 jointly secretary during the War.

The pront on working for the men and two divisions of mount-faithfully and efficiently. In over £3,000 and O'Malley over mother. She was Mr. Gregory's of any firm or corporation carrying on business in the Colony.

come from investments, rents, gov-Pass, which is one of the defiles shows justice and fairness to all, speculated with Mrs. Dyne, wife The defendant, Mrs. Dyne, de- the mountainous road into much to the satisfaction of the of one of his ex-achoolfellows, nied that she had acted in part- It was further stated by Sir H. C.

ernment grant, profit on the sale on Gollan that in the previous hearing

commercial public, of a lighter and moorings amounts Shansi province.

In matters till 1925, dealing approximately nership with Mr. Gregory in to... $847,882:89 from which has to (before Mr. Justice J. R. Wood, office in the Colony. A right was be deducted cost of repairs, direc-ferred to by Reater are stated to tegrity, Mr. Maze pays highest which Gregory apeculated separ-code telegrams were sent her The Shansi reinforcements re-concerning China's rights and in- with 250,000,000 francs, after currency transactions or that from whose judgment the appeal is given to Sir Paul, the other tors and auditors' fees, interest be two divisions, according to the respect and takes most careful ately, involving over 40,000,000 through the Foreign Office when made), it was suggested on behalf Permanent and Managing Director,

and depreciation on

consideration. of the now respondents that a

the usual "Kung Sheung Yat Po."-

Hia record of francs. during his temporary or permanent

she was abroad. Her counsel, ad- "Enemy Fabrication.” management of harbour and Company called the Hong Kong absence from the Colony, to appoint scale, leaving a net profit of $78,-

dressing the jury, described the nothing Finance and Investment Company.

A Chinese report says that navigation represents a successor or, in his will and 162.48. We carried forward from

suggestion as regards the code Ltd. had been founded by Mr. codicil, in writing, to appoint a suc-previous account a deficit of $246,- General Yen hon has report but a result of wisely contemplat-

telegrams as "abominable, scan- Bagram "merely

colourable Cessor, 15 a

such successor to be "985.38.and your directors recom-ed to Nanking the receipt of aned and skilfully executed plans.

dalous and utterly baseless." attempt to get qualification that had senior representative in the Colony should be made to wipe off this hsiang (the "Christian General"),

Assistance Needed, mend that transfers from reserves inquiry from General Feng Yu-

"However, the merchants in

A "Woman of Straw.” - of Hong Kong of any firm or cor-deficit and leave a

Mr. Justice Horridge,summing small credit who is also an ally of the Na- Shanghai, particularly the navi- poration so long as such firm or balance of $11,197.15 to carry for tionalists, as to whether there is gation circles, are surprised to

said that Messrs. Iron- (for appellant) that the main corporation carry on business, and ward to new account. According any truth in a rumour that a learn now that such a good and The notorious Zinovleff letter

monger's counsel had opened the without referring to Mr. object of the formation of the with an office in the Colony."

ly, $100,000 has been taken from Japanese adviser of the Peking much appreciated official is about of October, 1924, was mentioned Gregory, while Mr. De Wael; a Company

to qualify, and, queried counsel, "why should he not the Memorandum, claimed counsel, Equalisation of Dividend Fund Government has been in Taiyuan-to take leave and return to his by the Board of Enquiry, which partner in Messrs. Ironmonger's

no existence in fact."

It was admitted by Mr. Potter

da go."

wns

The whole intention underlying

was that Sir Paul should be given

His Lordship commented that exactly the same power in bis will Mr. Bagram was entitled to do it only was Sir Paul empowered to as he held during his lifetime. Not and the Court was entitled to con- sider the circumstances of the appoint a nominee during his life- case and to come to the conclusion time but, in the event of a nominee

whether the Company was carrying

on business or whether it was mere ly an attempt to get over a dif- ficulty.

Mr. Potter Opens.

In opening the case, Mr. Potter said that the appeal was from a decision of Mr. Justice J. R. Wood concerning the appointment by the Inte Sir F. Chater of Mr. Bagram as Permanent and Managing Direc- tor of the Hong Kong Land Invest- ment and Agency Co., Ltd. The -three points covered would be (1) whether alternative appointments were good (2) whether Mr. Bagram was qualified and (3) whether, in any event, Mr. Bugram was duly appointed.

and $80,000 from Investment Fluc- tuation Account, reducing these accounts to $50,000 and $250,332.88 respectively...

"Taishan" Mortgage Repaid.

The value of investments show

STREET FIGHT.

- Police Quell Riot In

Tokyo.

toma

The Initiator. O'Malley initiated the whole business but his transactions were infinitely smaller and of shorter duration,

Baseless Accusation.

up,

case

homeland. We all feel that, at recalls that on October 25, 1924, & gave evidence without referring this time, when many important letter addressed by the Foreign to him. But, when cross-examin problems relating to Customs ad-Office to the Soviet in connection, ed, Mr. De Wael (to show that ministration are about to be with the Zinovieff letter was Mrs. Dyne was so much a woman solved, there should not be a signed by Gregory "in the ab- of straw that she had to take a change of personnel in the Cas-sence of the Secretary of State" situation at Waring's and also servicé, lest a new hand and the circumstances of its des dispose of her beloved jewellery), of his resigning, the power of apa reduction of $137,189 on account pointment again arose. He could of the sale of certain securities to

would be at a loss as to how to patch and publication became the said that he relied in dealing with tackle the task left behind. We subject of an acute political con- her on her "introduction," where- times as the enable us to repay the mortgaga

Tokyo, To-day. appoint as many

therefore earnestly petition the troversy. There were suspicions upon it was elicited that she was arose. Similarly, there on 8.8. necessity

"Taishan" and

Several police including two offi-Government to comply with the that Gregory the sum

deliberately at introduced by a man with this was power in the event of transferred from investment Fluc- cers, were injured last night when wishes of the people and to cause tempted to compromise Mr. Mac influential position in the Foreign there ceasing to be a nominee of tuation Account, namely $80,000,

a crowd estimated at over a thou a postponement of Mr. Maze's Donald's government by "going Office. Sir Paul at any time after his approximately represents profit on

sand clashed with a strong de- leave so that all good works behind MacDonald's back "a few death. The language used, claimed realisation. The amount standing tachment sent to watch a Prole initiated by him can be carried on days before the general election,

Had Not a Half-penny. counsel was "extraordinary" if the at credit of Investment Fluctua- tarian Party meeting. The main without interruption."

simultaneously to serve his own to comment on the matter, which His Lordship had not intended intention was that Sir Paul by his tion Account still shows a reserve trouble nrose when the police, Instructed To Remain. financial ends. will could appoint and that then and of fully 30 per cent. of your in-

after suppressing several speak- In reply, Mr. F. Chang

The Board finds the accusation was one for the jury. there his power ceased.

Mr. Justice Horridge, refusing vestments, which is ample consi-ers, closed the doors and refused stated:-

against Gregory baseless as the a stay of execution, pointed out Right of Re-Appointment. dering the

to hundreds who "Your telegraphic petition has late Sir Eyre Crowe, permanent that the defendant (Mrs. Dyne) class of investments admittance In answer to His Lordship, coun-heid.

wanted to enter.

been received. With regard to Under-Secretary of Foreign had testified that she practically Bricks and stones were freely the proposed furlough of Mr. Office, decided to despatch the had not a half-penny in the world. used RE missiles. Reinforce F. W. Maze, the Shanghai Com-letter following instructions from ments of police had to be hasti-missioner of Customs, the Cus-MacDonald, Gregory's signature ly rushed up before the infuriated toms Administration, acting un-was a matter of routine.

The Prime Minister, after con- mob would disperse. A number der the orders of the Minister of

sultation with the Foreign Secre- Officials Censured of persons are reported to be Finance, officially instructed him

tary, has directed an immediate seriously Injured and about 100 pending settlement of various ing in these transactions at all statements affecting civil ser- some time ago`to the effect that, The report says that by engag- inquiry in connection with the were arrested.Reuter.

important Customs problems, he the three officials mentioned acted vants made in the course of the should not abruptly take leave in a manner inconsistent with suit in which Messrs. Ironmonger without proper authorisation their obligations as Civil Servants, and Co., bankers, Throgmorton from Nanking, but continue his Information obtained from many Street, claimed £89,000 from Mrs. been forwarded to him as a re- to conclude that rumours of the respect of losses suffered in duties as usual. Petition has sources led the Board of Enquiry | Aminta Marjorie Bradley Dyne in

minder."

many Civil Servants being involv- currency transuction in Dec., ed in such transactions are 1926, and Jan. and Feb., 1927. groundless.

The "Introduction." Mrs. Dyne pleaded the Gaming Act, alleging that the transac- tions were merely gambling dif- ferences.

sel agreed that his claim was that With regard to the transfer of Sir Paul could, in his lifetime, ap-$100,000 from Equalisation of Divi- point three different people. Ifidend Fund, you will, I feel sure, Sassoons renouneed the power, or agree that it is better to appro- privilege, Sir Paul had the right priate a part of this reserve, thus to appoint agnin.

enabling us to start a new year Referring to a passage in the with a credit balance rather than

Meniorundum of the Company with carry forward à déficit, reference to delay, counsel claimed

overtures to

Quoting from the will and codicil of the late Sir Paul, coun- sel said that Messra. E. D. Sassoon were appointed in the first instance that if there had been delay, it was Last Year's Suggestion on certain terms and conditions, the Company which was concerned.

Your directora regret that once fu making peace then there was the appointment of If any person was appointed he again they are unable to recom-General Yen Hsi-shan. Yen Hai Sir Robert Ho Tung

on certain must, of course, be given time for mend payment of a dividend, but shan denies the rumour and saya conditions and falling acceptance making up his mind. The Memor- provided conditions continue as at that it is a "fabrication of the .or in the event of their renuncia andum, must be construed reason-present, we can look forward to

enemy," tion, there was the third appoint-ably.

some return for account of the pre- ment of Mr. Bagram.

In reply to Mr. Justice Wood, sent year.

Mobilisation Ordered.

Shanghai, Yesterday. It was necessary, in deciding the who drew counsel's attention to the Before passing from the ac- The "Kuo Min", News Agency first point, sid counsel, to go provision for a nominee duly ap-counts, I would mention that, fol-states that in view of the impend- direct to the Memorandum of the pointed to act," counsel said that lowing the suggestions offered by ing Nationalist offensive against Company. It would at once be "duly appointed" meant a persona shareholder at the last annual the Feking Government along seen that the power of appointment who would satisfy the require meeting, the possibility of effect the Tientsin-Pukow Railway, was of extreme Importance to the ments of the Memorandum. An ing economies in our office organi- Chiang Kai-shek has ordered the Company, because it was specifically alternative appointment was not asation was fully considered and it mobilisation of all the participat- dealt with in the Memorandum and "due appointment." It was a sub-was found that only a few minor ing armies in preparation for the it was extremely doubtful whether stitutional appointment.

economics were possible without advance at a moment's notice, the Court would alter that Memor- Sir H. C. Gollan called attention Impairing efficiency.

Reuter. andum ever on the application of

Time Hardly Opportune." the Company Itself,

that being insisted on by Sir Paul

to the provision in the will regard-

ing the payment into the estate of

Chiang Kai-shek Respected?

(Continued on Page 7.)

66

'RED MONEY.”

FOR SWEDISH ORE MINERS.

Immediate Inquiry.

The jury found for plaintiffs. It was stated in evidence that Mrs. Dyne was introduced to

Sir M. Lampson. The report refers to Sir M. W. Lampson buying jointly with his wife £1,000 worth of French francs in November, 1920, which The sold later at a profit of £185. Riga, Yesterday,

The Board of Enquiry state Ironmonger & Co. by Mr. J. D. The Red trade unions have sent a further 16,000 roubles to the they regard such a purchase of Gregory, an Assistant Foreign

foreign currency by a member of Under-Secretary. atrikers in the ore mining Industry the Diplomatic. Service as un- in Sweden, making a total of 75,000 desirable, even though it was a

"Certain Transactions."" Mrs. Dyne stated that Mr. roubles... His Lordship: I can understand everything Mr. Bagram received, as It was also suggested that a SRV- News from the Nationalist Wage disputes have besa pro-single transaction only and had Gregory had certain transactions successor, and asked whether this ing of some $80,000 might be military headquarters at Nanking ceeding for some time in the Swe-nothing at all in common with the with her and that she had made ng it would then be impossible, to did not affect the appointment. effected by the appointment of

payments to him and also to Com la that preparations for a new dish ore mining, and pulp indus- gamble in differences.--Reuter,

mander Maxse who also is em altor it by resolution.

Mr. Potter thought it did not local shipping firm as General offensive are well under way- tries. Reuter

Press Agree

ployed by the Foreign Office, and said he had not intended to

It has been felt that The 4th mobile. column has been Agents.

The newspapers commend the The Board of Inquiry will con- Counsel continued that it was argue this point which had been while the present unsettled condi- ordered to proceed to the front.

promptitude of the Govern- sist of Sir Warren Fisher, Sir In connection with Chiang Kai- manifest why the Company, gave

decided in his favour by Mr. Justice tions of trade exist, the time was

ment's action in regard to the Malcolm Ramsay, and hardly opportune to explore this shek's appointment of General Sir Paul the power therein speci- J. R. Wood.

Tan Yen-kai as commander-in-

francs case and the courage and Maurice Gwyer., fied. They knew, he was a person

His Lordship asked whether this suggestion.

chief of the 4th Route Nationallat

candour of the framers of the re- Members of the Board. vitally interested in matters which would not go right to the root of Your flect and property have Army in Wu-Han as the basis of

port,

Sir Warren Fisher is Perman- concerned a Company of this kind the appointment. Someone might been maintained in first class order further consolidation of National- Rio de Janeiro, Yesterday. They agree that the punish ent Secretary to the Treasury; and they had, no doubt, absolute | have been appointed who Sir Paul and, while on this subject, I would ist forces there are indications Many fatalities, mostly of women ment of the officials concerned is Sir Malcolm Ramsay is Comp confidence in him as an advisor expected would pay this money into like to mention Captain R. Innes, that Chiang Kai-shek will be re- and children occurred at a collapse bone too severe, though the "Daily troller and Auditor-General; and and that on his retirement or death the estate although that person the China Navigation Co.'s Marine spected, and Tan Yell-kai fe said of a cinema at. Curityba, in the Telegraph" appears to find some Mr. Lu Gwyer is Procurator- he would appoint a person or par- might not be duly qualified, Superintendent, who has acted as to be about to start from Nan-state of Parana. Thirteen bodies extenuation in what it described General and Solicitor to the Tres- sors, who would be fit and suitable | (Continued on Page 7:) (5%) (Continued on Page 7) king for Hankow...“

have been recovered.-Reuter. as the Inadequacy of salaries of sury.]

Confidence In Sir Paul.

1

..

CINEMA FATALITY.

MANY KILLED IN COLLAPSE.

Mr.