CO129-391 - Acting Governor Claud Severn Governor Sir May - 1912 [7-8] — Page 214

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208

I note that they state that we should receive no

payment for loss on late running. Their intention is I know to

repudiate all claims, or practically all claims for this under Class 22, page 4 of the Working Agreement. This clause reads

as follows:- "In order to ensure punctuality each Section

"though whose fault delay occurs shall forfeit to the other the

"gua of one dollar for each minute after the first fifteen

#minutes that any through express train arrives late at Sham Chun

*Station, unless such delay arises fr a causes beyond the reason-

"-able control of the Section concerned, and a fine of one

*dollar per minute shall be imposed for late departure from

"Sham Chun Station if not due to the late arrival of the train

'concerned",

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Mr. Loore in his letter addressed to me dated May

1st. writes as follows:-

"During these days (October 28th., 29th. and 30th)

we were entirely in the hands of refugees flying to Hongkong

and it was impossible for us to do more than we did without runn-

-ing the risk of a wreckage of the trains themselves or of build-

-ings. The working agreement distinctly states "unless such delay arises from causes beyond the reasonable control of the

Section concerned" and I think we are quite justified in in-

-terpreting this clause in the manner stated".

I am of opinion however that our claim is a just

one and should be pressed, for they should have made arrange-

-ments for relief trains if necessary. To suit their convenience

we allowed them to use the Express Train as a stopping train and under ordinary conditions this was entirely for the benefit of their section and enabled them to develop their local traffic

with considen ble increase to their revenue. When the rush came they found themselves without an Express Train with which to deal with the Canton Traffic to Hongkong and should be prepared to pay us in view of the advantage gained by them under normal

conditions.

This