1929-08-15 — Page 1

NEW 1929

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The

DoWiban

Business Manage

China Mail

大英八月十五 禮拜四日 中華民國已巳年七月十一日

No. 27,258 HONG KONG,

RUSSIA STARTS

TROOPS LAND

AFTER A BELLICOSE DEMONSTRATION

CLASH ON

HEIGHTS

Manchuli In State Of Panic

RUSSIAN FIRE RETURNED

"It appears that actual hostilities have at last broken out be-

tween the two nations.”

"Russia began hostilities yesterday."

These are extracts from two telegrams to hand Tokyo and the other from Mukden,

- one from

Three Soviet gunboats are reported to have landed troops

in three villages on the Chinese side of the Sino-Russian frontier. These they occupied till night.

Russians and Chinese have clashed on the heights westward

of Marchuli. Chinese infantry returned the Russian fire.

Manchuli is in a state of panic.

The Mukden report mentions the occupation of two small towns

and state that Nordun, near Manchuli, has also been occupied.

CHINESE OFFICIAL REPORTS

Tokyo, To-day.

near Manchuli, has been occupied.

-Reuter.

- Gunfire Ceased

Tokyo, To-day.

A telegram from Harbin says that according to reports from Chinese official sources three Soviet gunboats, which have hitherto been patrolling the mouth of the Sungarichuria "averring that actual hos- River, ascended the Amur above tilities had appeared, at last, to

General Budenny of the Red Army, who was hastily recalled from leave to take charge of Russian troop movements along the Siberian frontier.

Sungari, confinence on Tuesday at dawn and landed troops in three villages on the Chinese side, follow- ing a demonstration by bombard- ments.

The landing parties, it is alleged, -occupied the villages all day long, withdrawing in the evening when Chinese reinforcements arrived.

A report from Manchuli saya that Russian and Chinese troops clashed on the heights westward of Man- chuli.

Chinese infantry returned the Russian fre

It appears that actual hostilities

have at last broken out between

the two nations. Manchali is in

a state of panic-Reuter,

300 Marines Land

Mukden, Yesterday. (6,35 pm)

According to a telegram from the Governor of Kizin General Chang Tso-hsiang, to General Chaug Haueh-liang (head of the Government in Manchuris and, concurrently. Commander-in- Chief Russia began hostilities yeaterday.

On the Western front 800 marines and two aeroplanes were lande from gunboats on the Sun- gari River and occupied two small towns ing.

Sul-tung-halen

On the Western front Nordon,

Last night's reports from Man-

have broken out," are apparently without foundation as the latest news in from Manchali, en the Sino-Soviet frontier, states:-

"Gunfire ceased as night set la. No encounter worth mentioning seemed to have ensued."--Reuter Chinese Divided?

Tokyo, To-day, Press despatches from Harbin indicate that there is disagree- ment between the National Gov- ernment of China (at Nanking) and the Provincial Government of Manchuria (at Mukden) in regard to the policies adopted towards the Soviet.

WAR

STABLISHED

1846

THURSDAY, AUGUST 15, 1929.

"NATIVE CHICKENS"

both Nanking and Mukden, for the purpose of advancing their own respective interests, are each seem- ingly playing into the hands of the Soviet-Reiter.

Red Hunger Strikers.

Tokyo, To-day.

A report from Harbin says that the 39 members of the Soviet Con-

Chang Hsuch-liang, also known

as the "Young General," It was on bis authority, ostensibly with the approval or connivance of Marshal Chiang Kai-shek, that the break: with Russia was forced. He is in charge in Manchuria and is alleged to have quarrelled with Chiang Kni-shek and the National Gov- erament.

sular staff who were arrested dur ing the Consular raid on May 27 have begun a hunger strike be- cause they have been imprisoned over ten weeks without the sem- blance of a trial-Reuter.

RAILWAY GUARDS

CHINESE AND JAPANESE IN MANCHURIA

from

According to the Japanese paper | "Asahi," the National Government

Canton, Yesterday, has ordered the arrest of Mr. Tsai According to a cable Yun-sheng (Commissioner for Shanghai, Japanese soldiers have Foreign Affairs at Harbin), and | driven away Chinese soldiers' on Mr. Li Shao-jen (a Director of guard duty beneath a Manchurian the Chinese Eastern Railway), Railway bridge, which is in Chin- who have been representing the ese territory. The affair has been Mukden interests, on the ground taken up with the Japanese Con- that they have been exceeding in- sul-General, in Mukden.--Canton structions.

News Agency.

The Rengo News Agency reports various rumours indicating that

smove erre

those Jhown

points

the Reds

(the Man

on the

Units such a

time at strategic

against sorties

À CONTRACT FOR ONE YEAR'S SUPPLY

AT 44 CENTS A CATTY

TO-DAY'S DOLLAR. The closing rate of the dollar on demand, to-day was 1/11 3/16.

PRICE $3.00

RIDER MAINS

TWELVE HOURS' SUPPLY ·

FROM MONDAY

DURÁTIÓN PROBLEMATICAL

Judgment was delivered by Mr. The "China Mail" is officially Justice J. R. Wood, at the Summary informed that, beginning on Mon- Court this morning in the case in day next, the supply of water which the Wo Ping Tung Kee from the rider mains will be ex- Restaurant Co., Ltd., claimed † tended from two hours to twelve $598.80 as damages from the Fook Kee Lan poultry stall in respect of a contract for the supply of native chickens which the defendant firm was alleged to have renunciated.

Mr. F. H. Loseby appeared for the plaintiff, and Mr. M. K. Lo was for the defendant firm.

Facts of the Case

The facts of the case were that on March 18 defendants entered into a written agreement to supply the restaurant with chickens for oue year, at an agreed price of 44 cents per catty. After April 9, defen- dants refused to supply further. Plaintiffs bought from day to day when prices continued bigh and, on June 21, when prices returned to normal, contracted for another year's supply. Plaintiffs bad dis- charged their responsibility, under the circumstances, of buying to the best advantage and thereby minimis- ing the damages suffered by them.

The Judgment

In his judgment his Lordship said, inter alia-

MR. & MRS. YING KAO

Sent Back to China for Trial on Opium: Charge

San Francisco, Yesterday. The Police have placed Mr. Ying Kac (hitherto Chinese Vice-Consul here) & Mrs. Ying Kao and Sun Foo (a servant?) on board the 8.S. "Shinyo Maru," bound for China, to be tried by the Chinese authori- ties on a charge of trafficking in opium-Reuter's American Service.

On arrival at San Francisco from China, Mrs. Ying Kao had luggage in which a large quan- tity of opium was found. She and her husband were on bail for a time.]

hours daily.. The Peak supply hours will remain as at present.

The new concession will be in In my view the defendant firm's dis-. continuance of delivery under the con- force during this month as; more tract amounted to a renunciation on or less, a speculation, future de April 9 of the contract, which was ae-velopmenta hinging, of course, on

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SCHNEIDER CUP

TAKES PLACE IN BRITISH. WATERS NEXT MONTH

FRANCE NOT COMPETING

Paris, Yesterday.

It is officially stated that France" will not be competing in the Schneider Trophy Race.teater.

Britain Preparing

WILL ENGLAND TRY

:

PROHIBITION?

AN INQUIRY.

ROYAL COMMISSION TO CONSIDER PROBLEM

CONTROVERSIAL QUESTION

London, Yesterday.

liquor

Air Chief Marshal Sir John Salmond

A highly controversial spent to-day at Calshot amongst the members of the high speed flight, who question is to be the subject of an are concerned with the race

for examination by a Royal Commission, the Schneider Cup. He embarked 'in in accordance with the promise made Southampton on a flyingboat and went in the speech from the Throne, after round the course over which the the present Labour Government had Schneider Cup Race is to be flown, taken office.

Squadron-Leader Orlebar took up a

new $.6 machine, built by Great Bri- Mr. J. R. Clynes (Home Secre-. tain for the Schneider Cup Race and; tary) announced recently that Lord flying at a great speed, completed its Amulree (formerly Sir William teata. $.6 has been flown twice only MacKenzie) would act as Chairman before.

On each occasion it was of the Commission." handled very gently. To-day, the full power of its engine was tested.

The results are believed to be satis. factory. every way. The speeds at times exceeded 300 miles an hour.

In taxi-ing across the water the 8.6 evidently struck a small piece of drift wood or some, other obstacle. One of floats, was dented and the machine was taken to Woolston for repair. The damage is in no way serious.

lar course.

Medical Problem

Group-Captain Fluck, of the Medi- cal Research Section of the Air Minis- try, who has specialised on forces in posed on the human frame in flying

Lord Amulree is one of the fore- most experts on industrial arbitra- tion and an authority on the law relating to liquor licensing.

The names of ten members of the Commission are now announced.

Mr.

Arthur

The liquor interests will be repre- sented by Mr. Thomas Skurray, President of the Brewers Society and Mr. John Morgan, Chairman of There is a very distinct medical pro- the National Council of the Retail blem involved in high speed corner Liquor Trade. ing, which is the feature of such a The temperance advocate on the race as that for the Schneider Cup, Commission will be the Rev. Henry which will be flown over a quadrangi Carter, Secretary of the Temper

Council, and ance Sherwell, who has written much on the liquor trade. The other six members include two prominent trade unionists, Sir Edwin Stockton, who is a Manchester merchant, a club secretary, Mr. Bryson, chair- man of the Birmingham licensing branch and Mrs. Barton, decretary of the Co-Operative Women's Guild. These six members constitute the balancing body between the temper ance interesta, on the one hand, and the liquor interests on the other.

An American Strategist's View of the "War" in Asia

SIBERIA

35000, RUSSIAN TROOPS ALONG THE

Trans-Siberian

BERANER

Desert of.

MONGOLIA

EASTERN

TURKESTAN

NAN-SHAN

TIBET

"Poto

MARCO

6500 |CAVALRY

AT CHITA THE CAPIXAL SIBERIA

EKING

CHINA

MANMING

OTHER TROOM ARE ALONG THE

„AMUR RIVER.

JAPAN

Here is a map showing the relative positions of Siberia, China and Manchuria, The bone of 'contention is the Chinese Eastern Railway (jointly ovasd by the Soviet and China) which" runa across the shaded territory which denotes Manchuria. The line is spelt "Chinese Eastern R.R." in the sketch. In the opinion of an American strategist, at the time when hostilities were doomed likely (on the sirength of premature, or erroneous reports), China had a military advantage. This lay in the much smaller and more compact area guarded by the Chinese troops, as compared with the long expanae held by the Soviet After the interruption to train traffio on what is popularly known as the trans-Siberian route, trains (and passengers and meus) from Europe came as far as Chita, whence they went to the worth of Manchuria by the Amur Railway down to Vladivostock for final transhipment. ·;

cepted by the plaintiff company, in, a letter of April 18. The defendant firm (though this may not be material) in repudiating the contract, seem to me. to have been influenced by the fact

that the market price of the goods was rising abnormally owing to ex- ceptional circumstances but, at the rame time, to have acted in accordance with its supposed legal rights.

In these proceedings an onus has fallen upon the defendant firm to justify the renunciation of the con- tract. In order to do this it may rely on the construction of the terms of the contract and may submilt (using the Language of Lord Blackburn in. "Mer- Boy Steel and Tin Company v. Naylor Benzen and Company 1884, 9.A.C. at page 445) that the contract is such as to maké punctual payment for one |let which has been delivered a matter causing the contract to deliver other (lots) afterwards to be a dependant contract." In general a default in pay- ing for an instalment will not discharge a seller from future deliveries unless this has been so stipulated in the son- tract and in interpreting this parti- culer contract it is in my opinion im proper to find implied (it is certainly not expressed) in its terms the stipula tion suggested.

Plaintiff's Sound Position

The defendant firm may rely on the circumstances of the case and may sub- mit that it reasonably Inferred from the conclusion that, as payment was withheld by the plaintiff company, the company had neither the ability nor the intention to pay the price of any future delivery thus impeting prior repudiation the plaintiff company The plainti· compan pems to have beencing a sufficiently sound position: financially.

second half of August,LATA the amount of rainfall during the discussed the subject at Calshot to-day.

Tytamtuk reservoir is still 85 feet below overflow level, which means that it is only half full.

·He said that more than is realised way depend upon pilots turning corners with at least a loss of speed.

If the turn is taken too wide full

more miles flown yet, on the other

In regard to the importance of the questions involved and the magnitude of the interests concern- ed, it is understood two or more members will be appointed in order to reinforce this central balancing body.

The inclusion of a medical repre- acntative is also advocated in some quarters.

The terms of reference of the Commission are, however:

"To inquire into the working of the laws relating to the supply and sale of intoxicating liquors and inte the social and economic aspects of the question and to examine and report on the proposals that may be Dade for amending the law in England and Wales in the public interest."

The medical aspect of the question is, therefore, hardly within the scope of the Inquiry.

No members of Parliament will sit on the Commission, it being held that they might be subjected to pressure by electors, which would tend to affect their freedom of judg ment.

The inquiry is expected to last as long as two or three years. It will be for the Commissioners to decide whether they shall visit the United States to see prohibition in practice.

-British Wireless Service.

DOCTOR'S ESTATE

PLAINTIFF WITHDRAWS IN PROBATE CASE

BROTHERS WILL ACCEPTED

During the five days of the two speed may be maintained but many hours supply from the rider mains hand, too sharp a turn will slow down the estimated consumption has the machine and, what is equally im- risen from four to six million gal-portant, impose terrific acceleration Jons a day, Under the 12 hours loads on pilot and aircraft. These supply as from Monday next the londs, as the pilot swings round corner, · Plaintif...... (Hung Sai-chuen) in consumption will probably rise to tend to arrest the normal flow of the "Chinese doctor probate case." between eight and nine million blood to the brain and eyes so that if which has been before his Honour gallons daily.

the turn is over-sharp everything tends the Chief Justice (Sir Henry to go back before the pilot's eyes and, Gollan, C.B.E., KC) for two days,. in extreme cases, momentary mconse-withdrew this morning. ousness ensues......... How sharp these When the Court resumed, Mr. turns can be made with safety depende, F. C. Jenkin, C.B.E. (instructed therefore on the strength both of air-

To-day's Rainfall 0.45 inch

1929 Rainfall, ...43.26 inches

Average

Deficit

59.20 inches

15.94 inches

DON'T WASTE WATER !

GRAF ZEPPELIN

Friedrichshafen, Yesterday. The Graf Zeppelin left world tour at 4.80 pm Beuter

1

craft and of the human physique, and by Messrs. Wilkinson & Grist) the object of much of this prosent asked leave, on behalf of plaintiff practice is to establish the limiting (fifth son of a deceased native factors-British Wireles Service; doctor) to withdraw the case.

MME. ASSOLANT

His Lordship assented, making an order for costs against plain tiff up to the announcement of withdrawa, in spite of an applica- tion by Mr. Jenkin (who admitted SEEKS DIVORCE AGAINST HER that he was "rather daring” i in su

FLYER HUSBAND

doing) that costs be paid out of the estate.

BRIEF MATRIMONIAL TRIP

Further reference was made to the local estate being a small one. After Mr. H. G. Sheldon (in- New York, Yesterday.

structed by Messrs. Deacons) had Madame Jean Assolant, the ex-addressed the Canrt, his Lordship chorus girl Pauline Pariser, who made no order on the counterclaim in my view, without a valid defence, married the Yellow Bird flyer and directed defendants to apply They must pay damages. So far my judgment is in favour of the plaintiff just before his Trans-Atlantic in Chambers for probate on the will propounded by them. Defen- company's contention and the defen- flight is reported to have brought dants are a concubine (Hung L dant firm must pay costs to the prea divorce suit in Paris. Reuters Shi) of deceased (Hung Kwa- American Service. Ma cheang) and his third son (Hung [The parties had been married Sakaty and sixth aus (Hung Sai- merely two months: A

senti datës

The parties may agree the damages. Falling agreement, the plaintiff may The defendant urmare, therefore apply to the Court.

DAT