1936-07-13 — Page 9

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JUDGMENT RESERVED

Building Contract

Dispute

P

CASE BEFORE FULL COURT

OF APPEAL

At the Full Court of Appeal. before His Honour Sir Atholl Macgregor and His Honour Mr. Justice Hayden, this morning, Messrs. Sze Tung and Com- pany, represented by Mr. H, C. Machamara (instructed by. Messrs. Russ and Company). sought to reverse a decision, given by Mr. Justice Lindsell on January 4. 1936, upholding: an arbitration award made by! Messrs. Chau and Lee in fa vour of Li Yik-yin, who was re presented by Mr. Leo d'Almada, jor.. instructed by

Wilkinson and Grist.

Messrs.

ہوتے

The arbitration award was respect of damages for overtime: work on a building contract, and Messre. Sze Tung and Company, Who were not, satisfied with the arbitrator's decision, sought to j quash it before Mr. Justice Lind- sell, who, however, upheld it.

On behalf of his client, Mr. D'Almada jnr., brought a cross. appeal to contend that so much of;

STRIKE

ON

STRIKE

These Chicago strikers, picketing a plant. wear roller skates to keep the building covered from strike-breakers. Being "tool and die makers, they have produced the machinery which made pos sible the production of low-priced roller skates.

the decision of the Hon. Mr. Jua MUI FONG COLLEGE

to

tice Lindsell, as relates to the in- plied authority given to the arbi-j trators by the appellants, award damages etc. should be! varied, namely that the said appel- lants impliedly authorised the ar- bitrators to award damages for delay, and that inasmuch as moj objection to the arbitrators' juris-

PRIZE DAY

Mr. Aw Boon Haw Gives Away Awards

CEREMONY AT KING'S THEATRE

THE CHINA MAIL, MONDAY, JULY 13, 1936

U.S. BASEBALL RESULTS PIRATES GO DOWN

TO BRAVES

TIGERS BEAT ATHLETICS

New York, To-day. The following were the results Jants at or before the arbitration, the Mai Fong College, gave away of yesterday's Major League base they had waived their rights, if the prizes at the annual prize-ball encounters:- any, in respect thereof.

diction was taken by the appel- Mr. Aw Boon-haw, a director of

Explanation Unnecessary Addressing the Court, Mr. Mac-

namara said that these proceed-

Counsel

~!

LOCAL NEWS BREVITIES

Ghulam Mahomed, a 22 year-old The twenty-first anniversary Indian, was this morning ordered celebration of the St. Paul's Girls'! to be expelled from the Colony by School will be held at the Lee Mr. C. B. Burgess at the Central Hysan Hall on Friday next, at 5 Magistracy on a charge of enter-1pm when Lady Caldecott will dis- ing the Colony without, a proper tribute the certificates. passport.

The first of the annual Launch "The Romance of the Westem Picaics organised by the School of Chamber," classical Chinese Accountancy and

3

Commerce will play written in 1271, will be stag-start from Queen's Pier on Satur- Clear ed at the King's Theatre at 9.30 day next, at 5.30 pm. p.m to-morrow in aid of the water Bay will be the likely Chinese Company of the Police choice, although the exact destin- Reserve.

Jation has yet to be fred.

picnic this year will be in the ca- 'pable hands of Mr. Eddie Mar-

The

The R.E.O.C.A. will hold launch picnic to Big Wave Bay on quess, who will be supported by leaving the Mrs. P. Phoon and Mr. E. M. Se-

next

Saturday R.A.S.C. Camber at 2.30 pim., then queira. The latter has promised Queen's Pier and Kowloon. Tic-to arrange for his hand to pro-

kets (31 for adults and 50 cents vide the party with a musical for children) can be obtained from programme and dance items. The S. M. Chapman, R. E. Wellington charge will be $1.00 per person, Barracks.

including refreshment, ånd tickets are obtainable from the organiz-

The &s. Tilawa is expected here from Amoy next Thursday after

2000.

Tat RMS. Empress of Canada leaves Shanghai for Hong Kong and Manila on Wednesday at 5.30 jpm

The R.M.S. Empress of Canada is due at Hong Kong from Yoke-

|hama on Friday next at noon, and will sail at 10.30 am. the same day for Manila.

The usual weekly dance will take place at the Cheero Club to- day, beginning at 8.30 pazzi.

The weekly REO.C.A Whist Drive and Tombola will be held at Wellington Barracks in the open air to-day, beginning at 8.30 p.m.

There will be an auction sale of Crown land to-day at 3 pm. at the P.W.D. offices.

The R.MS. Empress of Asia The Consal-General for France leaves Yokohama for Victoria and jis giving a reception at the Con- Vancouver, B.C., at 3 pm onsulate, No. 13 Peak Road, on the Saturday next

French National Day, to-morrow, from 11.30 am to 12.30 p.m.

The PMS. Emprese of Canada, which left Yokohama on Saturday,

Lady MacGregor is to present

is due here next Friday at noon. the prizes at the Kowloon Junior

She will sail at 10.30 p.m. the School to-morrow at 5.30 p.m. The same day for Manila.

School will be open from $ paz.

The annual meeting of the Hong

meet at 5.30 p.m. to-morrow at the Kong Football Association will be

giving ceremony of the College, j which was held at the King's

New York Theatre yesterday.

After the usual ceremonies had Chicago

National League

REE

2

9

2

The Kowloon Chess Club will

4 8

1

Diocesan Boys' School.

8 11

1

6 15

2

6 11

1 AMERICAN SAILOR

Watkins hit a homer

6

6

$

FINED $100

11

15

2

Assault On Motor

11

Boat Coxswain

1.

ings arose out of a building con- been performed. Mr. Chan Tit- tract which was entered into in yat who presided, gave a short New York

Chicago 1932 and which had already given speech, in which he said, inter rise to litigation which, fortunate-alia: ly, had come to an end.

"As a school we

are naturally Brooklyn went on to say that the appeal responsible for the education of concerned an award made by the the young children, so that when St. Louis architects themselves and that the they leave school and go out into point on which he would ask their the world they will be useful Brooklyn

Stripp hit a homer do not therefore Lordships to find in his favour citizens: was this, that in his submission regard this as an ordinary meet-St. Louis of this part of the dispute was not ing, but as an important occasion|

dispute which

*

came

We

J. Martin homered.

Philadelphia ...

4 11

0

1

Dolph Camilli hit a homer Cincinnatti

Bowman pitched.

within when we are able to return Clause 4 of the arbitration. Mr. society the children whom we have Macnamara went on to say that been trying our best to educate to he did not think any of the dis-jbecome good citizens." putes could come under this head. The reports of the girls and contending that before the clause boys colleges were then read by could be invoked at all, Mrs. Chan Tit-yat and Mr. T. Philadelphia there must be à genuine, dispute Chan' respectively, after which a as to the meaning of the contract concert consisting of plays and Eleven innings were played.

songs was given by the students. "In this case," said Mr. Macna-from both the boys' and girls" de-

itself.

Cincinnatti

Boston

mara. "there is no need to expartments, and also from the kin-Pittsburgh

plain the meaning of Clacze 15 of dergarten class. the contract as the parties, con- An item rendered by the little | cermed knew perfectly well what children won a great deal of it meant all along. They never applause, while selections of Euro. disputed it at all, but what they pean and Chinese music were also did dispute, and dispute. very played by the school band. strongly, is the number of days which elapsed after March 2 (the date of completion of the building construction under the contract).”

Architects' Powers

FROLIC TO CLEAR WATER BAY

In his reply, Mr. D'Almada jur. English Forum Outing

said that in this particular case,

if there was

3 9 4.7

held at the Sports Club, King's Building, to-morrow at 5.30 p.m.

The annual meeting of the Kow- locn Residents' Association will be held in St. Andrews' Church Hall at 6 p.m. to-morrow.

The monthly Council Meetings lof the Accountants and Secre- taries Students' Society will, in on the second Central Tuesday of the month during the Magistracy this morning on A. C. luncheon hour at the St. Francis

A fue of $100 was imposed by future, be held 1 Mr. Schofield at

on

the

1 Phillips, a cook the U.S.S. Tulsa, who was charged with as-

saulting Leung Kam, motor-

Hotel

To-morrow the Police Branch off

3 boat coxswain, on July 9. He the Ministering League will hold their monthly whist and mah ordered O was also

to pay $10

jongg drive at the Police Recrea- amends to the complainant.

tion Club, commencing at 3 pm. Defendant stated that if he did Admission is $1 each, which in- anything he was not aware of it as cludes tea. he had been drinking.

1 6 12 2 5 2

Vaughan homered. Ten innings

were played.

American League Chicago

Radcliffe hit a homer. New York

Lyons pitched.

5 11

0

9

Lady Caldecott has graciously The complainant said that he consented to open the Eu Tong was near the Wanchai Praya on Sen Gymnasium at Hong Kong Ofthe day when defendant and a University at 4.45 p.m. on Wednes- friend came up and asked to be day Dext After the open- 0 taken back to their ship. They ing ceremony, tea will be served

boarded the motor-boat and the in the Gymnasiuzz complainant proceeded to start

O the motor.

Chicago.

9

Radcliffe hit a homer. New York

8

Detroit

7

12

0

Rogell hit a homer.

2

21

no dispute on the "A Frolic to Clear Water Bay" Clause; there was enough evidence is the way the Hong Kong English Philadelphia to show that the parties had been Forum describes their picnic ar-

**

energetic committee

Puccinelli hit a homer..

is St. Louis

at variance, and the whole point ranged for Sunday, July 26, and was that the architects, who were as the arbitrators, should be the looking after the arrangements, a Washington sole judge as to the meaning of most enjoyable afternoon is pro this specification. Counsel went mised all those attending. An Cleveland on to say that even if in fact the added attraction (tea and refresh- arbitrators had no authority toments will be supplied) is that Boston

Chan and his Melody the award, and Mr. Andrew

make

* D'Almada said that he submitted, Makers will be in attendance

"from the correspondence and

are available from

The launch will leave Queen's from the conduct throughout the Fier at 2 pm sharp and tickets, whole proceedings, both parties at $1 each, thought the arbitrators had juris-members of the Forum diction and treated them as having it."..

4.9

3 6

·5 11.

1

Earl Averill hit a homer

2

4

-Reuter.

WEATHER REPORT

A depression is situated about

To-morrow being the French)

Defendant came up from behind National Day, the French Con- him and hit him on the head with salate will be closed to business.

a bottle and then pushed him into The Consul for France, M. Jules:

the water.

Defendant jumped Leurquin, will be "At Home" at

in after him but the complainant No. 13 Peak Road, from 11.30 am

swam ashore and reported thej

matter to the Police. The de ATTEMPTED MURDER

fendant's friend stayed on board

and tried to stop the defendant from assaulting the complainant.

Further evidence was given by Leung Fuk, a foki on the boat, 1who said that the defendant want- ed to hit him but missed and struck the complainant.

AND SUICIDE

Grim Tragedy In Kennedy Road

An attempted murder and suicide took place at No. 32, Kennedy Road this morning at 6 am. as the result of which

350 miles south-west of Tokyo LONDON COMMENT Cheung Kau, aged 25, a con-

BABY'S DEATH FALL

Beryl Roberts, aged 13 montès, loverbalanced from the third-floor

ON AGREEMENT

(Continued from Page 2)

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VI

MODERN

FURNISHING

JONES

POLICE RESERVE

Orders For The Current Week

WONG & CO

PHOHE #V-mi ga pre

cubine of a wealthy Chinese. moving east-north-east; another is

has been admitted to the Gov- tion of whether or not they knew indicated over South Manchuria,

crnment Civil Hospital suffer- ing from wounds on the arms Coming to the cross-appeal, of any point and waived it, but probably moving eastward. South-

and back, while her assailant, Counsel said that if in fact, under whether, not having taken this ob-west winds, moderate; fair; with jection of the arbitrator's juris-local showers, was the forecast

will attend at the Indian Company Clause 15, the arbitrators had zo

The Manchester Guardian says Ng Yun-tong, died some four at the arbitration, that for to-day, as issued by the Royal

Headquarters on Tuesday, July 14 hours after admission from that Herr Hitler has temporarily power to deal with the point in diction

to them now. IObservatory this morning.

severe self-inflicted wounds in abandoned the Anschluss because dispute, they were explicity aù-point is open

the abdomen.

at 17.30 hours for instruction

Emergency Unit Reserve thorised to do so by Messra. Wil-submit it is not The objection

Germany is not yet sufficiently re-

Motor Patrol A motor patrol It appears that the man call- armed to run the risk of war and kinson and Grist and impliedly should have been taken before,

will be carried out by members of authorised by Messrs. Russ and and failing to do it resulted in

wants to go ahead with other ed at the above address at 6 am. this morning and entered

Orders by the Hon. Mr. T. E the Emergency Unit Eeserve on plans. Company, "and where the learned implied authority."

the house through the front King, Inspector General of Police. Friday, July 17, 1986. All mem- trial judge, in my

Judgment Reserved submission,

BAURUMANIAN REACTION. - went wrong, and it was probably Mr. Macnamara said that it was window at her home in Blomfield. Bucharest: The Austro-German door, which was open. He

-Chinese Company due to my not having made my not possible to get rid of the road, Paddington, last month, fell agreement has disturbed Raman went straight to the woman's

Training Course Fart II All Optional argument clearer, was in holding term waiver by merely calling it 40ft into the area below, and died fan political circles. It is feared bedroom and stabbed her on the

a fractured skull in Pad- that it is only the beginning of arms and the back while she recruits of Chinese Company who Strength Constable R425 Don- struck that this was a waiver solely, and implied authority, adding that the from

a greater bloc of nations opposed was still in bed. He then stab have not yet passed Part I of ald, Hoy Toy has been not a question of implied an-Court could only find Implied au-dington Hospital.

Training Course will attend at the off the strength of the Emergency thority."

thority if it found that Messrs.

to the Little and Balkan Ententes. bed himself. PRAYERS IN CIRCUS TENT

Pessimists see a wall SCTORS Both were taken to the Gov-Chinese Company Headquarters on Unit Reserve as from May 14, Concluding, Counsel said that ass and Company waived it ́in

Europe, cutting off the Little ernment, Civil Hospital; where Tuesday, July 14 at 17.30 hours 1936,

SGD. C. CHAMPKIN, "no question arises in this case the sense that, knowing that the

and Enterte from its ally France the woman was immediately for instruction.

Indian Company

SP (E). of one party misleading the other point was available to them, they Performers in costume. and they acted in such a way as did not take it up when it was make-up attended a religious ser Some circles suggest the post-operated upon, while the man

Training Course Part IL All Hong Kong, Monday, July, 18. vice held in a circus tent recently bility o Rosso-Rumanian, mili-was in a very serious" condi- to give the arbitrators authority to before the arbitrators.

tion

recruits of the Indian Company Judgment was reserved.

at Bridlington: give the award. - It is not a ques-

Itary ali

N

bers will parade outside Queen's Pier at 1720 hours. Dress