1937-12-30 — Page 16

PRESENT LINERS

LUXURY LINERS

utside, Large and Aby

SEATTLE AND VICTORIA

Via Kobe and Yokohama

SS. PRESIDENT GRANT Sails Friday, December 21st, 4 p.m.

NEW YORK AND BOSTON Via Manila, Singapore, Penang, Colombo Bombay, Suez Canal, Naples, Genoa and Marseilles. S.S. PRESIDENT VAN BUREN

Sails Sunday, January 2nd, 8 a.m.

MANILA

S.S. PRESIDENT COOLIDGE Sails Friday, December 31st, 9 p.m.

DOLLAR STEAMSHIP LINES AMERICAN MAIL LINE

ANADIAN PAGET DO

12, Pedder Street.

3DAYS

IODAYS

5 DAYS

Go EMPRESS to America, Europe

Hong Shang- Naga-.

Empress Kong hai saki Kobe

Leage Arrive Leave. Leave Leave

Yoko-

Honoluin

Leave

Van- conver Victoria Arrive

Jan. 26 Jan. 28 Jan. 30.

Feb. 8 Feb. 10

Feb. 23 Feb. 25 Feb. 27

Feb. 1 Feb. 3 Feb. 13 Feb. 15

Mar. 1 Mar.

Feb. 12

Feb. 21 Feb. 26

Mar. 12

RESUMPTION OF CALL AT SHANGHAI

Commencing with the Empress of Russia from Hong Kong January 26, 1938, Canadian Pacific "EMPRESSES" will call at Shanghai on the eastbound voyage.

The Empress of Asia from Vancouver will call at Shanghai on January 24th, en route to Hong Kong.

SAILING TO MANILA

Empress of Japan on January 14th.

Canadian Pacific

CHINA MAIL, DECEMBE

30, 1957.

WRITTEN JUDGMENT IN SEVERN LEIGH APPEAL

Written

the Severn Leigh

Sir Atholl MacGregor

tice Fraser, at the Supreme this morning.

->

use there has been

of war between

and Japan and because mex the Chinese Navy nor the Chinese Air Force could take af- It may be recalled that leave was fective steps to prevent the ship- recently given for appeal to His ment of coal to Japanese ports the Majesty-in-Council, on the applica-respondents had no justification for tion of Mr. H. G. Sheldon, KC their action. He conceded_how- The Chief Justice's judgment ever that the situation in Chinese states:

waters and on the Chinese coast The British vessel Severn Leigh, generally was indistinguishable on time charter to the Mitsui Bus- from that off the coast of Spain. san Kaisha Ltd, a Japanese com- The admitted facts are that at pany, reached. Hong Kong on 1st the time when the men made their September. Here she discharged a demand for increased wages hosti- cargo of coal, and the master Tolities were raging between China tended to sail in ballast to Hongay and Japan. The Japanese feet had via the Haman Straits, at which declared a blockade of all ports port she proposed to load anthra-lover a large part of the coast of cite for Keelung, Miiki, Wakametsu China, damage had been sustained and Tokoyama.

by neutral shipping in Chinese On 7th September the master re-waters, and Japanese warships ceived a letter in the following were lying off the coast of South terms:

China China has a small fleet of Sir,-After reading the "China, vessels of war and also possesses Mail of the 6th September, Monday, an Air Force which according to we do not feel inclined to continue to the newspaper article to which the serve in the Severn Leigh. We feel

that we are entitled to either war- crew referred in their letter of th zone monet or otherwise we can September intended to attack enemy. claim to be paid off the ship Wel vessels cruising close to the waters demand one of these two altera of Hong Kong, while there is noth

tives."?

That letter was signed by twentying but the vigilances of the Ja six members of the crew, including panese fleet to prevent her mining the respondents.

any part of the waters off ber coast line..

REQUEST REFUSED

HOUSE FLAG

The master interviewed the re- presentatives of the crew and In such circumstances can it be cabled to the owners for authority said that the respondents were un- to pay additional wages, but that reasonable in holding at their request was refused.

service in the Severn Leigh, a ves-" The signatories of the letter were set under charter to a Japanese so informed, and on the afternoon company and flying that company's of 9th September a statutory entry houseflag was subject to risks in the ship's log was made. On greater than those incidental to an 15th September the respondents ordinary commercial voyage in were prosecuted before the Marine times of peace? In my view the Magistrate for combining to im- matter is concluded by the decision pede the progress of the voyage of the House of Lords in Palace Throughout the period from 6th Shipping Co. Ltd. v. Caine (1907) to 15th September the moderation

GOOD FAITH

and reasonableness shown by both The good faith of the respondents the master and the crew is most has never been challenged There noteworthy. No member of the crew has been no suggestion that the refused duty, and many of them course they adopted was inspired worked overtime. The respondents by any motives other than those however made it clear that they which they stated. The onus of sa- would not sail in the ship to Hon- tisfying the Court that the risk gay, maintaining that the condition was so remote as to leave the char- of the voyage had changed by rea- acter of the voyage practically un- son of the hostilities between changed is on the master, and in China and Japan, and that such my opinion he has failed to dis change justified their demanding charge it

increased wages to compensate for It follows therefore that this ap- the increased risks.

peal fails.

NO WAR DECLARATION

Mr. Justice Fraser, in a written Counsel for the appellant has judgment, concurred.

Priestina

Lloyd

CONTE VERDE"

will despatch for

Trieste, Venice, Brindisi (London: Overland).

via-

Singapore, Columbe, Bombay, Massawah and Port Said

on 2nd Jan, 1938

Special Two Months Round Trip Tickets At Reduced p

TO BOMBAY

COLOMBO

SINGAPORE

SHANGHAI

£44

£41

$18

$21 £22 $19 £13 £13.10.0. £9

£6

BOUND THE WORLD tickets issued at Special Reduced Estes in nection with all the Tzans-Pacific & Trans-Atlantic Conference Lizes.

“ITALIA” Line Agents for the sale of through and independent tickets

to North, Central and South American ports via Italy.

THROUGH TICKETS TO LONDON - 28 days — Special facilities for despatch by train of heavy baggage with Hiberal free allowanes.

INTERCHANGEABLE RETURN TICKETS with the Dollar Lines

rable condition

LLOYD

TRIESTINO

Canton Agents 222 DOOVEEL 2 CO., LTD., Sha