1929-08-29 — Page 7

THURSDAY, AUGUST 29, 1929.

THEFT FROM AMAHS

CANE AND JAIL FOR TWO LADS

A CAUTION IGNORED

Two young Chinese lads, whh were

U.S. CITIZENSHIP

NATURALISATION LAW- CRITICISED

MILITARY SERVICE

To fight or not to fight? That - cautioned fortnight ago. und just lia the question to which Dr. missed a caning, appeared at the Kow-Douglas C. Macintosh. Canadian loon Magistracy this morning before professor at Yale University, gave Mr. T. 6. Whyto-Smith on charges of stealing two red woollen blankets, one clock, one wrist watch, two metal smoking pipes, two jackets, and two pairs of trousers, from twe umahs who who live in the servants' quarters of 313, Nathan Raad, where the theft Decurred.

such an unsatisfactory answer in his application for citizenship that Federal Judge Burrows denied the application. Coming, as it does, on the heels of the Supreme Court de- cision barring Madame Schwimmer. pacifist, on somewhat similar Div. Inspector 1. A. Marks said grounds, the Burrows rating leads that first defendant was arrested yes- the Columbus Ohio State Journal Lerday afternoon in the act of alight-to remark: "When such intelligent ing from a ricsha with the goods, in people as these are barred from Ningpo Street. Second defendant, American citizenship, it makes our who was with the first, ran away, but naturalization laws Inck extremely later was arrested. The value of the gilly." Both, incidentally, are too stolen articles totalled $51.

old to be drafted into military ser One of the pipe was pawned for 80vice. And, while Madame Schwim- mer is an avowed pacifist, and pe- His Worship: The cautioning of a fortnight ago has not done much good,casionally discusses her beliefs in You will both receive 12 strokes of the public, Dr. Macintosh, is willing to cane is Court, and do one month's hard take up arms in defence of the fabour each. The goods will be return country,

citizenship Ire ed to the complainants, and also the granted, with the reservation, how- pipe on paying demption money to ever. that the war must be a just the pawnbroker

one, and that this is a matter to be decided in his own mind.

cents.

LOTTERY MANIA

WHOLE OUTPUT SEIZED BY POLICE

of

CHINESE ADMISSION

Leung Kam 152). a shopkeeper 280, Shanghai-street, was at

should

Man's Duty to Nation

The professor, who is an ordain- ed minister, is quoted by the "New York World" as saying: "On this matter of hearing arms, there are just three stands you can take. One Que is out-and-out pacifism.

is the stand I have taken, that I will bear arms if I believe it is for the welfare of mankind. The third the Kowloon Magistraey before is that you will bear arms in any Mr. TS. Whyte Smith, charged war, the position Judge Burrows with having and running Po holds is necessary for citizenship. I believe the first two are the only

Piu Letlery.

A search of the premises at 2.15-ones possible for a Christian. {1.M. resulted เส Det.-Sergt. Humphreys and a Chinese detec- tive discovering 10 Po Piu tickets, announcements, application, printa. and printing inka.

Accused admitted buying the tickets, some for himself and some

for his wife.

The Magistrate convicted and fined him $100 with the option of two months' hard labour.

WILL CASE

(Continued from page 1.)

not know what he was doing. He knew that defendant was the eld- and should have been

est ход

called.

"Christian ethics, as i view them, make it a man's duty to act for the his own nation. A man's first duty welfare of all mankind, including

is toward his family, but not against the welfare of his nation. A man's duty is to his nation, but not against the welfare of all man. kind.

"Another great war would be such an irreparable calamity for the world that I cannot pledge my- | self in advance to support it. I am not a pacifist. Ir the welfare of

the world were threatened, I would

fight for it."

The "World" interprets the Bur- rows ruling as a declaration that a citizen, be he native-born .or naturalized, loses all right of in- dividual judgment and action the

moment that Congress declares that Defendant: If you had sent for a state of war exists; that every

President as if he were a soldier. completely at the disposition of the

Universal Conscription

THE CHINA MAIL,

presented none to Canada during

the World War.

IN "CHINA MAIL"

can." "Good citizenship and duty SHADOWS BEFORE, to one's country permit of no re- "Since conscription is not our servations," asserts the Memphis COMING EVENTS ANNOUNCED permanent policy, it would seem to Commercial Appeal. Besides, be- be going pretty far for judges to lieves the "Milwaukee Journal," it: dical with applicants for citizenship would be a dangerous precedent to as if conscription was our perman-permit a would-be citizen to "pick ent policy."

and choose" what he will subscribe to: "one might say that he would not bear arms, only to be followed by another who would elect never to pay taxes, and so on. The logical end of such a course would be anarchy."

The Professor's Views In New Haven, where Professor Macintosh has taught theology for twenty years, we find The "Journal Courier saying: "There can be no question of the general fitness of

Professor Macintosh for citizen. ship. He is an educated man of high moral character and a teacher of marked ability and inspiration. He is a man of courage, as of con- victions. He served in the World War, which disclosed his sym- pathies for the great issues which were then tested, and his readiness to defend them. We may fairly judge from that experience that

under like conditions he would again offer his services to his coun- try.

"The following statement made by Professor Macintosh to this newspaper rings with sincerity and I am willing to sup- port my entry, even to the extent

conviction:

of

.

Isque Definite and Clear As the "Kansas City Star" ex- "Dr. Macintosh is an plains: ordained minister. He is also. In his fifty-third year.

Because of these two things, it is altogether unlikely that he would have been called upon personally to bear arms or engage in national defence.

"But the issue, as the Court em-

phasized in the Schwimmer case, is the probable influence of that kind of position, especially in the event of conflict. It is neither ex- pedient, wise, nor legally possible to make exceptions where a state- ment of an applicant for citizenship Has made, the fasue definite and clear.

Grant Hall in the West

Grant Ball, sentur vice-president of the Canadian Pacific Raliway, has been taking his annual tour of inspection in Western Canada and is here shown in the grounds of the Empress Hotel, Victoria, with three old friends. They bad just returned from a game of golf and the foursome from left to right is J. E. McMullen, Canadian Pacifle solicitor; Mr. Hall; Chief Justice J. A. MacDonald, and E. H. Mackly, president of the Manitoba Free Press, Winnipegs.

bearing arms, if asked to do so war by the Government, in any which I can regard as morally justined. But I am not willing to purchase American citizenship by promising beforehand that I will be ready to bear arms for my country in any and every war in which my country

whether

may

Social Functions To-day-Dinner Dances at Hong Kong Hotel, Peninsula Hotel and Repulse Bay Hotel, 8.30 p.m.

Entertainments To-day Queen's Theatre: "Dream of Love."

To-day World Theatre; "Odette."

70-day Star Theatre; "The Villa by the Sea."

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Land Sales

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LES CLOCHES

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Africa

Sept. 2-At P.W.D. Offices, two lots of Crown land 41 Pokfulam and Wong Nei Chung, respectively, 3 p.m.

Lammerl's Auctions To-porrow-At · „Sales Room, Duddell-street, household furni- ture, 2.30 p.m.

Sept. 2-A 196, The Peak, Flat 1 (Mount Kellet) household furniture,

11 a.m.

Sept. 7

Sports

H.R.V.D.C. annual

aquatic sports meeting at V.R.C., 9

P.RL.

TESTIVAL DAY!

"CURIOSITY KILLED THE

CAT

IN A GAMBLING DEN

Twenty-seven ricata coolies appeared at the Kowloon Magistracy this morn- ing before Mr. T. S. Whyte-Smith on charges of gambling at 114, Canton Road. The first two defendants were charged with keeping the house as a gaming place, while the rest with gambling. The first defendant plead- ed "not guilty" to keeping, while the second did. Seven of them said that they were watching only, while the rast admitted playing.

One of the Cantonese sall that it was a Chu Chow festival day and that, through curiosity, they entered the place where the ricshs coolies were gambling. There were

dolla and paper joss things which drew the four Cantonese in.

*

that

"The readiness of Professor Macintosh to take up arms in a 'just' war hardly helps the situa- Mr. Whyte-Smith advised the Can- tion. If the individual is left to tonese that they should not have en- pass upon the issue for himself intered.

Sergt. Humphreys indicated each case, there is established the principle by which each person they were playing "Po Chi," and that a terrific fight, when the selects the laws he will obey and there was

With that police arrested them. The gambling those he will ignore. engage,

was done very daringly and was principle at work there soon would

aggravating. be no country for anybody to de- fend."

"In other words, it would never enter his head to oppose his Gov-| ernment, even though the justice of its cause has escaped his approval.

me, and if the signing of the will/citizen should thereafter be as morally justifiable or not.' was attended to by us, this trouble would not have arisen, would it?

His Lordship: This depends.on yourself.

In this paper's opinion. "The If you wish to make

absoluteness of this doctrine is as trouble you can.

naive as it is intolerable. The In answer to another question,

in which any witness said that he was not majority of wars handwriting expert, and he could treat Power engages are no life- not say whether the signature ouand-death struggles in which its

existence is at stake but little The will was that of his mother.

wars of policy. interest, or ac His Lordship: Don't try to be

cident. It is absurd to lay down a too smart. Surely you can form rule which makes it the absolute an opinion whether it was your obligation of the citizen to give un- mother's writing or not.

Chinese LaWR

"Having renounced war as a IN OTHER PLACES policy of government with the universal approval of the people of CHRONICLES FROM JAPAN

TO JAYA the country, it seems more or less absurd for the Government to deny a perte-loving and law-abiding ap- News has reached Calcutta of the plicant for citizenship the enjoy-death, in Manchester, of Dr. J. N. ment of it."

Court's Decision Supported questioning support to every war. The great majority of the coun- Such a rule would condemn Cal-try's newspapers, on the other Expert evidence in regard to

hown and Lincoln. who opposed the hand, seem to uphold the decision Chinese laws governing the mak-Mexican War.

of Judge Burrows, "The New York Evening Post," for example, recalla the Supreme Court's remark, in the Schwimmer case, that naturaliza- tion is not a right, but a privilege. And declares the Charleston (W. Va.) Mall, "Dr. Macintosh should not be accorded privileges that are denied our native-born." "It is diff-

ing of a will was called from the "The rule is contrary to the Hor. Dr. S. W. Tso, O.B.E., LL.D. | fundamental policy of the United He said that in China there is no States. It tacitly assumes that a law ut al governing the execu-declaration of war puts universal tion of a will. The word "will" conscription into effect. in English does not have the same "We do not have, and there is no mouring in Chinese. The Chinese prospect that we shall have, a per- word for a will is "Chuk Sha"manent conscription law. Our "Chuk" means the intention of a fundamental military policy is and person as expressent, by word of always has been voluntary-that is mouth, and is commonly related to say, hased on just such right of to the intention of disposing cer-private judgment as Dr. Macintosh tain properties after death asserts. Conscription has been in- "Shu" means reducing that inten-voked twice in our history, during tion to writing.

the Civil War and during the World Signature Does Not Matter War, and immediately abandoned There are also certain laws in at the end of these wars. When an China regarding succession or in-extraordinary emergency of this heritance, but the one possessing kind arises, men of such manifest the property has the rights to dis-good faith as Dr. Macintosh will own any persons, whether those present no serious problem. He persons come within the laws re- garding to succession or inherit-

ance.

There is no law provided as to what form the will should take, therefore any writing which pur- ports to be the intention of a de- censed is valid. It does not mat- ter whether that document is sign- ed by deceased or by others, or even if not signed at all.

Counsel for plaintiff then sum- marised the facts of the case for witness and asked if in his opinion, the will in dispute was not a valid one.

Witnesa said that taking all the facts into consideration the will Was good.

Head of the Family Cruss-examined by defendant, Dr. Tso said that the deceased widow would remain the head of the family. as long as she was alive.

·

Defendant then quoted the pro- verb mentioned above. and asked Dr. Tso if that was not the true status of a Chinese woman.

Dr. Tso said that the proverb. did not mean that, a woman had to be submissive. It all meant that she should go with or live "with" her parents, husband and sons, during her three stages of life

Case proceeding:

His Worship said that he would take a lenient view because the players frankly admitted their respective charges.

Sergt. Humphreys said that it would bave been a very serious fight as there were about 100 people in the room. He himsel received a cut wrist and one two more knocks, while two other persons were also hurt.

The second defendant was fined $CO or, in default, five weeks jail. The re- Farquhar, Professor of Cempara-mainder were fined $2 or four days' jail tive Religion at Manchester Univer.each. The gambling outfit, and $11.50 sity since 1924. Bince his retire found, were confiscated. ment from India in 1923 he had rendered distinguished service to scholarship as Professor of Com parative Religion in the University

of Manchester and Wilde Lecturer

in the University of Oxford, as well as by articles on Indian subjects in the leading reviews. He spent nearly 33 years of his life in India.

MURDER OF A P.C.

EVIDENCE RESUMED AT KOWLOON MAGISTRACY

This morning at the Kowloon Magistracy before vir. 1. S. Whyte-Smith Lam Ling made his sixth appearance on a charge of the murder of Indian Police Con- stable B-405 Sapura Singh.

The MO. in Charge of the Kow- ments last summer, has achieved loon Hospital, Dr. D. J. Valentine, even greater success this year. At gave evidence

say that Unzen she was the only foreign the

accused Was admitted lady to secure a prize in the ladies to the hospital suffering open singles championship, and this from a scalp would and several she won, following up by also an- superficial wounds on both hands. nexing the singles for foreign which he testified could have ladies only. Miss Bary received been caused through a scuffle. two handsome silver cups present The accused had scratches on the ed by the Nippon Yusen Kaisha.

right side of his neck caused by finger nails.

Miss Bary, daughter of Dr. A. cult," says the "Boston Herald," "Bary, of Shanghai, who did so well get around the conclusion that in the Japan lawn tennis tourna Judge Burrows did his duty in this instance." "In fact," notes the Hart- ford "Times," "he had no diser tionary power." "There might be no danger in granting Mr. Macin tosh the rights of citizenship," ad mits the "Washington Star," "but how is it possible to make a rule for one man, and another rule for the great majority?" This is also the view of the "Springfield Repub-

Where Cupid Holds Court

Brides, groome, weddings, re-quarters for Dan Cupid and a per- ceptions, rice, confetti, and old manent check room for als, bow shoes all combined during June and arrow. Guests at the fam to make the Place Viger: Hotel, ous old hotel heard the wedding Montreal, one of the most Inter- ceremony in many forms, and the esting and exciting places in the "best wishes” of friends delivered City Manager Delton and his in many tongues.Pr Bisigiants "-welcomed the happy The Place Viger was the head-. couples and their friends by the quarters, for· Romance during Lundred, and at one time serious June, and is still carrying on the ly thought of preparing special i good work.

The Malayan Agency has just Detective-Inspector C. P: Fallon placed an order for, a memorial also gave evidence, which, will be tablet to be erected in St. Mary's continued this afternoon. Church, Kuala Lumpur, in memory

of Mr. Wm. Lance Conlay, C.B.E., It is understood that Mr. Justice who was formerly Commissioner of Stevens will go to Singapore as Police in the Colony and subse- puisne judge when Mr. Justice quently attached to the Agency in Deane leaves this month, Mr. London in which service he died. Justice Stevens was formerly a dis- It is understood that the tablet will | tinguished member of the Singa comprise a plaque with a silhouette pore Bar. On his elevation to the of the deceased, and that the cost Bench he went to Penang, from is being borne by Mr. Coulay's col- whence he was transferred to leagues in Malaya.

Seremban several months ago.

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