1931-09-04 — Page 1

OSIXIO

FREE WHEELING 1ST ADVANTAGE.

Gear changing is accomplished with great euse. One finger will move the lever. The four positions of the gear change lever are conventional.

HONG KONG & SHANGHAI HOTELS, LTD.

(Incorporated in Hong Kong.)

THE GREAT AIR RACE

AERO CLUB'S REPLY TO FRANCE & ITALY.

CANNOT DEFER

BRITAIN'S LONE FLIGHT.

The

Library, Supreme

THE NEWSMAKER INTERGRICH, LID,"

China Mail

No. 27,893

SHARE MARKET FEATURES.

Steady Undertone at

Opening To-day.

BANKS IN DEMAND.

The official summary issued by the stutes:-

Stock Exchange to-day

There, was a steady undertone

ESTABLISHED 1845.

HONG KONG, FRIDAY, SEPTEMBER 4, 1931.

İSTOLEN GLASS TO BE

RETURNED.

Innocent Third Party

CHINA & MEXICO.

Expulsion of Chinese.

The Sufferer.

DISHONEST EMPLOYEE. In the Summary Court this morning, Mr. Justice Lindsell gave judgment for plaintiffs, with costs, in the case in which Lee Yu-cheung, trading under the firm name. of Lee Yu Kec, at 24c,. Des Voeux Road, vice. Central, sued the Sun Hing Glass: Shop. of Battery Street, Yaumati, in respect of wrongful conver- in demand at sion of 100 cases of glass, the property of plaintiffs. An order was accordingly made for the re- turn of the glass.,

in the market this morning. China Light continued to case off. Trams and Electrics main- daned their rike and Hotels

d) were quiet. Banks were $2,305.

Unions were also in request at yesterday's rate-$557% — after sales at quotation."

"s.

U.S. TO MEDIATE.

TO-DAY'S

DOLLAR. — The closing rate of the dollar demand, to-day was 11d.

оп

PRICE $3.00 Per Month.

THE

TYPHOON'S TOLL.

Many Lives Now Reported. Lost.

THRILLING RESCUES.

Further light on the havoz

Manager,

FORT DUNLOP

Local Branch. Pedder Bidg. Tel, 24554.

GERMAN - AUSTRIAN CUSTOMS UNION.

Renounced by Signatory Countries.

FRANCE SATISFIED.

Geneva, Yesterday.

Washington, Yesterday, The State Department has ad- vised the Chinese Legation that Government might be able to wrought amongst junks by the Dr. Curtius, for Germany, help to seek a solution of the typhoon, which passed near Hong made a statement renouncing the controversy, in connection with Kong on Wednesday afternoon is customs union. It is practically the expulsion of Chinese from revealed in Folice reports this identical with what Dr. Schober Mexico. Reuter's American Ser-morning, and, according to the said. M. Flandin, on behalf of reports, there were some thrill- | France, said that the declarations ing rescues.

would contribute to the spirit of Rescued 8 Persons.

co-operation and good under- Wong Shue-hee, master of a standing in Europe.

M. Flandin's remark is inter- fishing junk, relates that he was

ling off Tam Kong Tau, which } preted 23 expressing French is east of the Colony between satisfaction-Reuter. Stanley and Salkung, when he

SILVER MEETING

TO ASSEMBLE IN PARIS.

SIX NATIONS

DEPRESSTION TO BE STUDIED.

Washington, Yesterday. An unofficial conference of "nancial experts is to meet in Paris on September 17 under the

heard cries of "Save life." He $3,500 MISSING FROM uspices of the International

the defendants to accept the goods or to do something which has London, Yesterday,

amounted to innocent conversion thereof. The Auro Club, replying to

Conversion Liability." France and Italy. states that

In Morrison v. Buchanan (supra) postponement of the race for the

the drawers of a Schneider Trophy is impossible.

At a previous hearing the plaintiffe, were facts had "been agree bill of exchange, the existence and observed a junk wrecked and Hence Britain will win the cur outright by flying Over the Underwriters were wanted at cd upon, in that it was admitted nature of which, and the means by sunk. He rescued eight persons Course on September 12 when she 86, after sales having been effect-hat the goods had been obtain which it might be stolen after ne- was informed that nobody, revealed to a dis-was drowned. The incident oc- will aim at creating a new re-ed at $6.20.

ed by larceny, and sold to plain-ceptance, were cord. Reuter.

Police court proceedings honest third party by the negli- cured at 1.30 o'clock yesterday were taken after the discovery, gence of one of the plaintiffs' em- norning.

The acceptor having

38 Lives Saved. The Royal Air Clab this morning

nd one man, plaintiff's office employees. received 4 ነ official notification Providents (all) were againnloyee, who wrongfully obtained parted with the bill to that third not liable in con- from the Auro Club of Italy and wanted at $6.55, after sales being possession of the delivery order party was held the Aero Club of France that, un-put through at $6.65. The new for the goods, was convicted of version on the ground of plaintiffe'

negligence inasmuch less the British Club was prepar-shares were again in request at conspiracy.

thereby they had ed to grant a postponement of the $3.15. Schneider Trophy Race for at least six months both, countries musi de- finitely withdraw from the contest, The reason given by both coun- tries were bad weather, bad luck, lues of pilot and loss of aircraft.

Rugby, Yesterday

L

Wharves were enquired for al $164.

Hotels (old) were wanted at were the old shares at $17-as $16.60, with sellers asking $17.

H.K. Lands, after changing at $911%. hands at $91, were in demand

Humphreys Estates, old and new, remained stationary at yes- terday's buying rates.

The matter was considered by the Royal Aera Club at a meeting this afternoon and subsequently it way announced that the Club had Aero Club of sent letters to the Italy, and France informing them Realties were done at $17.90, that the rules of the contest would but at the close there were not allow of postponement and ers at $17.60. that the Committee had no option but to refuse the request. The at news of the withdrawal by the $15.30 Italians and French has been ret this rate. "ceived with the keenest regret by the British Team at Calshot which, of course, has had to face and over-

come severe disappointments and misfortunes due to adverse weather and loss of personal and material just as the Italian and French teams have done.

As the race must be held British pilots will fly round the course on September 12 and will, it is certain, set up a new record. This, follow ing her two previous victories at Venice in 1927 and at Southampton in 1929, will give Britain the right to retain the Schneider Trophy permanently.

Thereafter an attempf will pro- bably be made on the world speed record set up after the last 'race by Squadron Leader Orlebar.

own

held

аз

out

SAFE.

Motor Bus Manager's Unpleasant Surprise.

ACCOUNTANT GONE?

At eight o'clock, Cheung Kam kec, master of a fishing junk was also sailing in the vicinity when

Mr. Ngan Sing-kwan, manager he noticed four junks in distress. Three had been wrecked, whilst a of the China Motor Bus Co., Ltd., Conversion and Estoppel.

the third party as authorised to re-fourth was washed up on shore. has reported to the Police that on Mr. F. X. d'Almada, junr., who veive the bill and hence had induced He approached the scene, and was opening the safe at the company's appeared for defendants, had defendants to hand it over to him.

successful in saving the lives of 38 office, Chatham Road, Hunghom, at two o'clock yesterday afternoon, he contended in Court that they Hence it seems clear that to de- persons.

Washed Overboard But Rescued. found that $3,500 and a quantity of could not be held liable in conver- feat plaintiffs' title in such a case sion, as the Police had removed there must have been some form

Cheung Fat-kap, master of an- jewellery, the value of which is at the goods under a search warrant; of representation, on their part to other fishing junk, reported that present not established, had been and he also pleaded estoppel, by the defendante on account of which daring the typhoon he anchored stolen. He further alleges that reason of negligence by plaintiff's the litter have been induced to treat 7 Aberdeen, but at 4 o'clock that his accountant la alao missing. servant, the godown keeper, whn the goods as their own or to deal afternoon, the craft broke moor

innded over the goods.

with them in some way incomings and drifted being finally patible with plaintiffs' rights,

wrecked at Tai Lok, near Lyee- mun Pass. Four males were car ried overboard by the heavy seas, but there were fortunately picked p by another fishing junk which happened along.

His Lordship intimated, this buy-morning that he would not need to hear Mr. Horace Lo, (for plaintiffs) on the latter point. He would deliver judgment at once,

Text of Judgment.. His Lordship's judgment was as followe:-

Ewos came in for some support $15, but Bellers wanted and nothing transpired

Trams. which were reported done at rates ranging from $224. 22.85 to $23, were in demand at the close at the middle rate men- tioned.

China Lights were dealt in at 531; there were sellers at this rate, but buyers would not go higher than $30.85.

Electrics were again in de mand and at a slight advance, the rate being $82, at which sales were effected, and at $88.

The facts in this case being agreed there is no need for me to

(1) It is admitted that the cases of glass, the subject matter of this action, were in fact stolen from the plaintiff's godown.

Present Case Different. In the present case there was no such representation. Defendants had contracted to buy the goods some days before delivery. They appear to have trusted the mid- dleman Wong On but it cannot be argued that defendants in any way

held out the latter as having au-

Illiterates over 10 years old in the United States are reported off- clally to have numbered 4,283,749, or 4.3 per cent. of the population, in 1990, a decrease of 648,156 dur- ing the last ten years.

Twenty-Eight Lost?

Victim of Storm Washed Up. The body of a woman, uged Inter Bank. She is believed to about 26 years, was found by the have been drowned. The value of Police on the foreshore at Cheung the sampan is given as $110. Sha Wan. She had apparently been drowned during the storm. Kwok Kit, master of fishing junk Deceard is believed to be Wong 3607, reported that at about 10 ang Mee, who was reported miss-a.m. on Wednesday the boat was ing from a iuak anchored in the engaged in fishing off Waglan with Yaunati Tynhnor shelter

Derelict Junk.

dilate upon them, except to em-thority to dispose of their goods, or phasiac three points not appearing that the negligence of the godown in the statement of facts

keeper in any way contributed, to the carrying through of the sale contract, although it may have made the actual delivery of the goods possible.

It is also learned that the Mr. d'Almada's argument goes a Police at Stanley Station observed great deal too far. If it were

derelict Junk drifting in westerly direction.

Nearly 80 reports of native

(2) And it proved on the evi- dence given before the Magistrate

the law,'

the

B

reports of fatalities:-

Chambers of Commerce to study the silver depression. This move apparently was initiated by the Tnited States Chamber of Com- merce who previously had sound- ed other countries. Experts in- vited to attend the Conference comprise Britain, France. India. China. Jau and the United States. It is explained that the conference has not bren called with the idu of stabilising silver, but to prevent wito puctuation. * decision will he submitted to of International the Council Chambers of Commerce in Paris meeting on October 28.-Reuter. [On September 1, Senator Key ittman told a meeting of silver iners in Spokane that President Hoover would convene a Silver: Conference at an early date. But President Hoover's Secretary, however, stated that it was most unlikely that the President would take the initiative in calling such a conference.

It was ascertained, however, that International Chambers of Commerce was "sounding out" experts in order to determine whether it was feasible to hold an unofficial international con- ference. held feasible.]

It would seem that it has been

■

A QUEER WILL.

Mrs. Julia Marianne Wasteneys Marianne Westeneya), of Ivy Lodge, (sometime known

as Lady Julia

Southwick Green, Hove, who left £26,698 gross, with net personalty £23,807, stated in her will:

I wish my body to be cremated and my_ashes placed in the vace

into the Ganges by either Dr. Ambus Rose, of The Hospital, Patna, Bengal, or by the eldest son of Mrs. Rose of Midnapur, Bengal.

Among other bequests she left: £250 to the Free Home of the

a crew of 30 on board, compris ing 12 men, 14 women, and 4 boys. They did not know that a typhoon was approaching. When the wind arose, they attempted to return to that plaintiff's godown keeper was sound it would follow logically that

shelter in port but failed. The Telephones (part paid), which guilty of carelessness in nccepting wherever a servant's negligence,

junk was capsized and all its oc- were reported done at $35 and a delivery order which he ought toe.g., in leaving a window unbelted, craft sinking or being damaged in cupants were thrown into the rag- $35.30, were again in demand at have realised to be a forgery.

Some managed to cling has enabled a thief to get in and Wednesday's storm were received ing sea. (3) It is admitted that the cald steal some article belonging to the at the Harbour Office yesterday. to the sail whilst others hung on lined with silver now in the Indian $84

Cements (combined) were in glass had been seized by the Police, servant's master, the latter will be Included in these are the following to bamboo poles and drifted about. Hall and cent to India, to be thrown

warrant, and re-debarred from recovering request at $201, but no shares under a search

They drifted in different directions came out at this rate.

moved from the control of the de- article from an innocent purchaser

Foki Missing,

and soon lost, right of each other. Ropes were again in request at fendants before they received any who had given value for it to the

Chan Yung-fook, master of cargo liwok and a foki named Ip Yau $22.20. In Aeronautical circles satisfac-

demand from the plaintiffs to de- thief. I cannot agree that this is beat 288, stated that at about 9 managed to keep together and Dairy Farms, after being done liver it up: tíon la expressed at the ability of

8.m. on Wednesday his vessel was after drifting for a time they were On the strength of this last fact,

Clear Law on the Point, the British Aircraft Industry, int $33.85, were still in demand at

alongside the 8.8. Tung On deliver- rescued by Shek Tao-tai, master of Mr. d'Almada argues, and I think

The other 25 spite of the lateness of the British the close at this rate.

Beven on negligence, Vol. 3 ating coal. At about 11.30 the Tung fishing junk 9247. decision to participate in the race, Lane, Crawforda (old) were quite rightly, that defendants can- to produce new "Wonderplanes," wanted at $8. and the new shares not be held liable in conversion. It age 1584, lays down the true law On left to go to shelter at Stone-fokis were not, seen. again and it follows in my opinion that even if very clearly, "the doctrine of es- cutters, taking the junk in tow. is feared that they lost their lives. as high speed pilots have christen-t $7.60.

toppel in pala is aimed at the pre- About 6 pm, the Tung On start- The junk, which subsequently Constructions (cum rights) I hold that they must hand over vention of injustice where need to return to the wharf and the sank, is valued at $5,000. ed them, reports on the perfor manees of which have no doubt con were quoted $13.75 nominal, and the glass to plaintiffs, they should vinced the Italians and French that the new shares had buyers at $1. not be mulcted in damages for de- party has been led into error by junk was again taken in tow. Clung to Capsized Boat for 2 Hours, the fault or fraud of the other, but when in the middle of the harbour Fung Ngan-chal, master of fish- It can have no application, unless the tow rope broke and the junk ing junk 4447, reported that while the party invoking it can show that drifted away, being soon lost to his craft was under way near Stan- Mr. d'Aimado, however, claims he has been induced to act or re-aight. All the crew of the junk,ley on Wednesday morning, he saw that plaintiffs are estopped by the frain from acting by the acts or with the exception of one foki, the typhoon signal holsted and negligence of their servant, in the conduct of the adverse party in cir- were on board the Tung On. The promptly tried to make for the absence of which the larceny of the cumstances that would naturally Toki, Chan Sui (25), has not been shelter of Aberdeen harbour, but goods could hardly have been effect- and rationally influence ordinary seen since and is believed to have the junk capsized before it could ed, from setting up their title to men. Thus it can only be set up. been drowned. The junk, which is reach shelter. The crew of 11, thuse goods, and in support of this by one who has been actually mis given up as. wrecked, is valued at comprising

men, threo elaim quotes 27 Halebury, para- led to his injury; for if not misled $1,200.

women, one boy and one girl were

Miss

of

it would be useless to enter the ma- chines at present available for their teams. One of those, a Vickers

WINDFALL FOR CHARITIES, Supermarine Rolls Royce Seaplane, has already, in the course of train-

Bird. Amy Mary ing, flights, reached a speed of 405 Palmeria Avenue, Hove, left a con- miles an hour. This may be com- siderable portion of her fortune of pared with the speed at which the £210,090 (net personalty £185,594) last Schneider Race was won, by to charities. Flying Officer, Waghorn-928 miles an hour.

tinue,

Estoppel Point.

six

Teatatrix gave: £750 and a perpetual annulty of graph 1614 on page 915, "if the he can have no grounds for the pro- Woman Balleved Drowned. all thrown into the water. They It is believed at Calshot that £600 to the London Royal Free Hoi-owner of lost or stolen goods is tection of the principles he Wong Muko, master of passen clung to the bottom of the capsiz- nero-engine experts in every coun-pital School of Medicine for Women guilty of such negligence that third invokes." (cf. Young v. Groteger boat 8286, reported that nted boat from noen until 2 a.m., try will be astonished when the (University of London), and the parties are thereby induced to ac (1827) 4. Bing, 269, Swan v. N.. about 9. p.m. on Wednesday, his yesterday when they were rescued statistics of the performance of the following perpetual annuities: quire them bona fide and for value British Australasian Co. 1868.2 H boat, together with two cargo by Ma Sun-hing, master of fishing new Rolls-Royce racing motora, £500 Dr. Barnardo's Homes, the owner may be eatopped from and C 175,182. Union Credit Bank boate, was taken in tow by the Junk 387. When a roll call of the fitted to these planes can be £300 each Royal Free Hospital, claiming the goods."

v. The Mersey Docks and. Harbour steam launch Lee Ka. The inton-members of the crew of the cap published. The engines fitted to Miss Agnes. Weston's Homes, the Examination of this dictum and Board (wo cases) 1899, 2.0.B. tion was to proceed to the Yaumia-sized junk was taken, Fung dis- the 1920s planes developed 1,900 Surgical Aid Society, the, Middlesex of the case one which it is based p.205.) polyvala

ti shelter through the northern en covered that his father, Fung horse power continuously through Hospital, Brompton Hospital for (Beckwith v. Corral 1826,8 Bing, There must be judgment for the trance. When the craft were off Cheung-kwong (55) and his wife, the race though totalled below Consumption, and London Associa- 444 and Morrison v. Buchanan return of the glass to plaintiffs, the breakwater the tow ropes of. Fung Cheung Shi (22) were miss maximum power. This year the tien in aid of Moravian Missions 1893:6 C & P 18) make it perfect with coste.

the cargo boats broke and they ing. He believes that they drown- power of the unit has been con- £200 each Royal National Mission ly clear, however, that the all- ||

Damages Asked.

dropped back on the sampan and ed. The junk is worth $3,200, siderably increased. British Wireto Deep Sea Fishermen, Royal important word le "induced." To After His Lordship had delivered the three drifted together until the Several reports were also receiv· |-·

Society for Assistance of Discharged deprive them of their title it is not judgment, Mr. Lo again raised the rope securing the sampan to one ed by the Secretariat for Chinese. Prisoners, and Church of England sufficient to show that but for their question of damages, maintaining of the larger craft snapped under Affairs, and it is possible that Two women managed these, added to those made at the It is now being gradually re Temperance Society

negligence the plaintiff goods that his clients were entitled to the strain. cognised that good manners and $100 each Salvation Army, Church might never have been lost or damaged incurred whilst the goods to climb on to one of the junks. Harbour Office, would make the good business have a lot to do with Missionary Society, Cancer Hos- stolen; it must be clearly establish- were out of their possession. A third, Wong Kam-mui (28), fail-toll of native craft taken by the each other-Mr. Clough William pital for Women, and Charity ed that it was their antecedent His Lordship agreed to permit ed to seize the tow rope and she "blow" amount to over the 100

Organisation Society. Ellis."

negligence that actually induced evidence to be brought on the point, drifted away the sampan which mark,

less Service,

£300 to. Dr Barnardo's Homes.

CLOUDY AND RAIN.

Dying, Church House, Westminster.

The Royal Observatory's re- port issued at 10.42.a.m. to- day states:

The typhoon has left an area of low pressure over S.W. China and the N.W.' China Sea, The northern depression continues to move ENE. to the South of Vladivostock.

Forecast Southerly winds, moderate; generally cloudy, zome rain.

Rainfall. Rainfall for 24 hours end- ed at 10 am, to-day, 1:20 inch.. Total since January 1–68.42 inches against an average of 67.25 inches — doffeít. ; 3.8% - inches.

Temperature,

The temperature at certafa specified centres this morning

at 6 o'clock was

Hong Kong'.

Macao

Pratas Island

·Märila

Foochow Amoy Chefoo Shangha!