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ARBITRATOR'S JUDGMENT.

THE HONGKONG. DAILY PRESS, SATURDAY, APRIL 30ru, 1904.

The following is Sir Hiram 8. Wilkinson's judgment in the matter of the arbitration between the owners of the P. & O, S. Ballarat and the owners of the sa. Changen :--

life was spared when he cams of age has been, oddly enough, attributed by some to the unrest prevailing during the troubles with India in 1883. But a far more likely cause is that that very war afforded to the shrewder Tibotaus the best possible proof that the time had come to take their affairs into their own hands. The only way fo

to

so was to get rid of the Regent-and the only way to got rid of the Regent was allow the Grand Lama of Lhasa to live and tako the Government of Tibet into his own hands. This was dopa; and from that moment Chinese influene in Tibet has disappeared. No hotter prauf of the impotence of China in Tibet at the finting figure out at the present moment by the present moment could be given than the humi- Chinese cores empowered to treat with ourselves.

THE BALLAARAT"-"CHANGON", she began to cross the bar, and for some time before, with the wind blowing from the N. E.. COLLISION.

her holding back would have been attended with very great difficulties, and might have resulted in seriously obstructing the channel. It is not a question of a large steator having any diffe- rent right from a small steamor. It is merely a question of what under particular circumstances In this case I find both ressels to blame,

a large steamer can, by an approaching vessel, bs expected to accomplish. and in this case the First, with regard to the ease against the Ballaurat. It is alleged on behalf of the Chau Changen ought not tohave expected the Ballarat gon that the Ballarat, among other faults had passed the Gas Buoy,

to be able to hold back until after she It is to be failed to comply with the rules relating to the navigation of the Woosung Inner and Onter observed that there was no obligation on Bars which are laid down in Harbour Notifies that the Ballarat could hold back. She would the Chungon to come on even if she had thought tion No. of 1964, und which require a vessel proceeding against the tide to hold back to not, by hobling back at the time when I am allow a vessel proceeding with the tile to pass breaking any regulation requiring her to advise that she ought to have held back, have It was contonded on behalf of the Chargon

At most it. was a right which the that the Ballanrat ought to have seen the Chang. on over the land in time to hold back before Changon had to come ou, and it has been laid coming to the Gas Broy. But tho Assessors du that one has no right to stand in a iving at my request worked out the respective rectly good right, regardless of the safety of

difficulty upon a right, though it may be a poras oursalvas. times and positions of the two vessels, advice others, aul that, although there may be a rale me that the Ballarat could not be expected to have seen the Changon in time to hold hack of the Ben, yet a un who has the managempat before beginning to cross the bar, and that after of one ship is not to he allowed to follow that that she could not with safety hold back until rule to the injury of a vessel of another where he could avoid the injury by parsuing a different the Gas Buoy had been passed. But I have arrived at the conclusion that if a letter look ont had been kept on the Ballarat the Chan gou would have been seen from the bridge of the Ballourst before she was seen, and thess on

board the Ballonxat would have been more really to most the emergoney which arose; but svon if the Clungon could not have been seen before she was soon. the Assessors are of opinion, and I coucar in and adopt their opinion, that after she was seen there was time for the Ballarat to take muaanres to provent the collision. The Assessors consider that the Ballarat could have. anchored as soon as she had got past the Gas Buoy, and those on board of her ought in the

PIANO FACTORY out of the Ballarat a way The Master of the

Cash

OR

Credit.

come on.

Course.

the Ballarat in a position which was likely to By going on the Changon placed herself and lead to a collision, and for this she is to blamo.

The Assessors are also of opinion and I concur in that opinion that these on board the Changen were also do blame in failing to take proper stops to seeme that the wheel was properly manned und that the engines were properly manned.

Each side will pay half of the Court fews and half of the Assessors fans, and otherwise enrb side will bear their own costs.

(Signed) H. S. WILKINSON. Supreme Court,

Shanghai, 14th April, 1904.

THE TIBET MISSION..

Chambi, 6th February.

Government was necessary to the due appoint went of a Hegent during the succesive-and continuons-minorities of recent Dalai Lamas was the strongest link that hoand Tibet to the middle kingdom. So long as the policy of assassination of the children whose greatness

was thus strangely thrust apon them continued. the infinence of Chias in Tibetan affairs was unavoidable. The Dosi or Regent made his own terms with the sazorain Power without much concealment, and the repeated necessity for obtaining China's approval to a new or a confirmed appointment made it impossible for the independence party to gain more than temporary success. It is estimated that eight years has been the average life of the unhappy little supreme heads of northern Buddhism.

circumstanes to luvo unchored, when it was found that her head was being carried up by the tide. If they had done so, there would inve been tiine then for the Changon to have avoided the collision, and she would have been in a better position to do so than that in which she

No review of the present Tibetan impasse was placed by the Ballarat keeping on.

would be complete without some attempt to Counsel for the Changon also urged strongly understand the position of the Dalai Lama hitn. the impropriety of the sounding of two short self. It need hardly be said that one refers blasts on the Ballarat while she was still under thus rather to the power behind the throne than karda-port helm in an ondearer to get to its actual occupant; but there is no doubt that this was a most improper signal to give her head round to starheard. I am of opinion that the present existence of a Dalai Lama of years of discretion, and the consequent absence under those conditions. It is said that this of a Regent, is partly the cause of the present did not mislead the mustor of the Changon, situation, and may be partly also the key to it.

The very manner of his selection in 1974 is and this is to a certain extent correct. Ho know that the Ballarat was not going not without some interest. If the miraculous to the starboard side of the channel by scretious which disguise the narrative are choice. But the signal led him to do wash it brished away. Indeed the exceptional method was intended to lead him to do, and what other employed to identify him as a child and the fact wise ho would not have done. Eustoud of that he the first of anany child Dalai Lamus continuing to go over, or keep over, to the was in due time permitted to arrive at maturity starboard side of the channel, he made an offort to botay a fairly consistent policy on the part of go over to the port aide. He gave orders for the Lamaic hierarchy. Briefly stated, that his helm to be put hard a-starboard, his star-policy was, and is one of complete independenes board engine to be put full speed astern, and, of the suzerainty of China. although he almost immediately afterwards The fact that the approval of the Chines reversed those orders, yet time was lost, and I am advised that but for the delay which those orders occasioned he would probably have got Changon was asked why he did not give the orders intended to turn his head to port and to go over to port, a chance, and he said: "I did not think I ought to run the risk. It is true I was on the starboard side of the Ballarat, but I was on the starboad side of the fairway, and I did not know when the Ballarat's how was going to swing round into the fairway. If ho had given the orders a chance as suggested I agree with what was urged by Counsel for the Changon that he might have failed-and probably in the circumstances would have failed to get out of the way, and in that caso a ranch more serious catastrophe might have occurred,

The signal intended to mean that the ship's head was boing directed to port ought not to have been given when every effort was being mado to direct her head to starboard, simply because those efforts were for the moment unavailing. As a fact the ship was not under command, and if any sigual was to be given it was a signal which would have been a proper signal to indicate that she was not under command.

The signal prescribed by the Regulations is that laid down in Article 4 (a) namely, two black balls shapes each 2 feet in SKIN AND BLOOD DISEASES diameter carried in a vertical line one over the other not less than 6 feet apart where they can be best seen. This is the signal for vessels But if snek signal is not ready, I am in the day time when they informed by one of the Assessors with local knowledge that there is a signal very frequently used, and which it would appear from reported eases is sometimes used else where, that is a continuous succession of short blasts on the whistle. How far that would in all circumstances be held to be a proper signal, it is not necessary to stop and consider. It would, however, I am advised, be understood by those on board all local steamers, and the fact of giving such a signal would have brought home to those on board the Ballaarat the necessity of taking precautions, such as suchoring, a precaution which, as I have said, the Assessors consider they could have taken and ought to have taken,

Hongkong, 6th April, 1904,

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Bat I am of opinion that the Chango was also to blame.

That there were from the standpoint of the hierarchy many advantages in this policy cannot be denied. Apart from a formal and, in external affairs, a very genuine subservience to China, the perpetual minority of the Dalai Lama gavo the central authority in matters religious, and therefore national, into the hands of an almost hereditary-if the word may be used loosely- oligarchy of governing families as carefully selected as were those of the Republic of Venice during the Middle Ages. It was no light thing, therefore, to run the risk of surrendering the supreme power into the hands of a single individual for an indefinite period. Ho could hardly fail to be inclined to one of the many and jealous religious sects of Lumaisin whereof the balance was substantially held evon by the commission into which for a hundred years the supreme ecclesiastical power had been placed. The danger of disturbing the settled order of things was obvious. On the other hand. Tibet was no exception to the rule which impels & nationality to become a nation, and this, nder continuod Regency was impossible. For years they had had before them the example of other rates, and possibly so the promptings of more persons than the rare emissaries of Russia, inte whose scheme of Asiatic extension un indepon- dent Tibet would find its place more easily than would a province of Chin

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But in this policy of independence there ure disadvantages also, ad the Tibotans have found to their dispict. The Dalai Lama at this june- ture has to oppose China almost us strenuously applied for 2.000 seldiers as an escort before he started for Lhasa to take up his invidious duties 1 months ago, and now that his request has beca refused, still hesitates to trust himself among PORTABLE those whom he has come to regard as the enemies of his country niñd, in an especial degree, CA M.P BED- of himself also. The line must soon evano when

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Then the Dai Lama will come face to face MADE with the responsibilities as well as the deusurae. of minory, and the shrewdness which enabled the Council to foresee the results of their policy 30 years ago will not fail them in this instance also. Unfortunately, in their own interests, bat at our expense, if has fallen to the let of the

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I am advised that the Changon ought to bare anticipated meeting the Ballarat about the bend of the Bar, if the Changon kept on, and ought to have arcide that by holding back. The Master of the Changon as a fact did anticipate the two vessels eo meeting when he sounded the blast on his siren between the Lismore Light and the Fort Buoy. He says ho came on because he did not know whether the other vessel might not be holding back FORES OF ALL KINDS and waiting for him. But as he came on less a dizuitary than the Treasurer of the he saw that the other vessel was not hold Gadon or Galilan monastery-which openly

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54

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