1904-09-09 — Page 3

Page

HONGKONG SANITARY

BOARD.

A meeting of the Sanitary Board was held Dr. J. M yesterday in the Board Room:

were sing Atkinson presided, and there present Hon. P. N. Jones (Vice-President), Hon, A. W. Brawin. Registrar-General; Major Josling, R.A.M.C.; Mr. Lau, Chu Pak, Mr. A. Ramjahu; Mr. H. E. Pollock, K.C Dr. W. W. Pearse, Medical Officer of Health; Dr. H. A. Macfarlane. Assistant Medical Oficer of Health; and Mr. T. A. Hanmer (Secretary.)

MOTIONS..

not slept upon, and during the occupation of the present tenant. He thought that would be. quite u rurient safeguard in the circumstances. Mr. RUMJAHN secoudel, and the motion was agreed to.

WELL AT KOWLOON, With reference to the contaminated well in the rear of Ribeiro's Bungalow, Kowloon, the Registrar-General minuted:--The proper course would be to supply the house with water und leave the well open. If there is water in the kitchen no one will go to the wall for it.

The DPWI prosutus this is a non- Chinexo house?

The PRESENT said it might be allowed to remain open until a connection was made with the main which ven in front of the house.

The ENGISTRAR-GENERAL remembered Mr. Chadwick having said that it was mostly from the top that wells were contaminated, and lie thought they might allow this man to keep his well open if he would cover it over and have a pump put in. He had an aere of ground there and the well was used for watering the garden.

Dr. PEAESE pointed out that Mr. Chad-

The REGISTAR-GENERAL moved 1. That the attention of the Sub-Committes appointed to consider what amendments are desirable in the Public Health and Buildings Ordipance, 1903, be invited to Section 188. 2. That all applications for modifications of the provisions of Section 188, Sub-section 3, of Ordinanco No. 1 of 1903, be forwarded to the Colonial Secretary whether the modifications be recommended by the Ronel or not. More than once, be saldwick's assertion was only partially true. In It had been suggested in the Board that Seotion 188 needed amendinent. There was one point in particular in which amendment was incessary, nanoly, sub-section 3, which provided, that no buildings should hereafter be erected xceeding one and a half times the width of the street. That was to say, on a site fronting on

THE HONGKONG DAILY PRESS, FRIDAY, SEPTEMBER 9rn, 1904.

SUPREME COURT.

Thursday, 8th September.

IN BANKRUPTCY:"

BEFORE HIS HONOUR Bra HENRY S. BERKELEY (CAIEF JUSTICE).

DISPUTE, ABOUT ▲ LEASE.

POLICE COURT.

Thursday, 8th September,

BEFORE Mt. J. H. KEMP (ACTING FIEST MAGISTRATE);

NOT A CONSTABLE.

A NOVEL CHARGE.

A Chinaman was charged on remand with assuming the role of a constable, to search a Judgment was given in the case of Liman; and with robbery. The case was dismissed. Sheang, ex parte the debtor, na between Leaug King Chen and Luk Shun ly and the truste in bankraptey of Li Sheang. Mr. M. W Slade, barrister (instructed by Mr. H. K. Holmes, solfeltor), appeared"for Lenug King Chen and Luk Shun Ip: und Mr. H. E. Pollock, K.C., barrister (instructed by Mr. C. E. Benvis, solicitor, of Messrs. Wilkinson and Grist), for the trustee.

The questions to be decided vers-(u), whether the document registered in the Land Office by Memorial No. 27.346 on 29th March, 1900. constituted a valid lease or agreement for s lease for 30 years to the Wing Fung Tai shop ut $72.50 a month, and (b), what is the interest of Loung King Chuen and Lak Shan Ip at the by far the majority of the cases he could-call-prosent tine in the house 19, Jarvois Street, on Marine Lot No. 6 A. These questions had to mind wells had been contaminated not from the top but from underground drains and heon ordered to be tried by Sir Willis cesspools. Care should be taken to see that Goodman. there were ie drain pipes in the proximity of the well, even if it was covered over.

+

The PRESIDENT explained that the water was contatainatei by the way in which the

that wa

NO.

Dr. MACFARLANE, who had visited the There place, stated that was another well for gardening purposes and le did not think that both were needed..

20 feet street no building could be erected tu a greater height than 30 feet. Then the pre-garden was manured. viso said that in certain streets the height of any building to be re-created might be equal to the height of the existing building provided that it did not exceed twice the width of the street, so that there could bo. a 40. foot building in a 20 feet street. This was ubvious abality. That was one of the main reasons why he asked that the attention of the sub-committee should be called to the section,

Mr. POLLOCK agreed that it was quite obvious that this section required amendment.

Mr. RUMJANN supported the remarks of the Registrar-General. He had already suggested the consideration by the sub-committee of this ation. It was pointed out then that the sub

mittoo was dealing only with the question of enbicles and that the matter should be left till ator for discussion.

The PRESIDENT remarked thuit the sub- committee had considered the matter, but had made no recommendation concerning it, ong reason being that they were told by the Colonial Secretary, that no further recommendation could then be considered unless those-dealing with cubicles. He thought the mutter might

now be referred to the sub-committee.

Mr. PoLuck pointed out with regard to the second part of the motion that by the wording of the drst sentence of the section the Governor in Conneil would have no power to act in the matter of all except on the recommendation of the Board; therefore he did not see that this would be much use in adopt- ing the second part of the motion.

The REGISTRAR-GENERAL agreed that the Governor in Council could do nothing without the recommendation of the Board. His idea however, was that where the Board camo to a decision which would involvo perhaps a claim of $10,000 compensation they should lot the Government know what was going on. It would be a different thing if the Board had to provide the funds for giving compensation in

these cuses.

Mr. RUNJAN said he was also of opinion that the second part of the motion was unnecessary. "The VICE-PRESIDENT mentioned that this matter had already been under consideration, and he thought there was a way out of the difficulty, though he was not in a position as vet to say what that would be.

The PRESIDENT thought they might discuss the matter referred to before the anb-committee. The first part of the motion was uniaminiously agreed to.

The PRESIDENT remarked with referenc to the second part that all applications such as were referred the Board and

to

came before of the minutes

the

WILL AT WOŃGNLICHEONG. Relative to the order of the Board for the closing of the well at No. Wongneicheng the owner, Ng Li King, wrote ashing the Board to reconsider their decision, as the water was used only for washing and cleansing purposes and watering the plants in the garden.

|

Au electric the driver was charged with not stopping his car when danger was impending. Mr. Konpaid there was no penalty provided for this offence; and he retarded üle, cast.

BEFORE MR. E. D. C. WOLFE (ACTINO SECOND MAGISTRATE).

42

COUNTERFEIT COIN. Inspector McDonald charged a woman with unlawful possession of counterfeit coin--$100 of it in 20-cout pieces. Mr. Otto Koug Sing. solicitor, appeared for the defence. It was said. that two men gave the woman the spurious coin. and she went to a money-changer to change it. The police were informed, and the woman and two men were arrested. The case was rewandegi, bail being allowed in the sum of stage.

The two male defoulants wore then tried. The case was remandfil, bail, as before, being

allowed in the sum of $1,500.

KAD LANGUAGE.

A Chinese copying clerk of the Magistracy was charged by Mr. E. Erskine, reporter of this Hongkong Telegraph, with unlawfully using insulting language; and the clerk issued a cross- suminens→→same charge. Both defendants pleaded not guilty,"

The reporter, sworn, deposed that on the morning of the 5th inst. he was in court making the usual daily extracts from the charge sheets, Noticing the sheets under the clerk's arm, he asked for them and quietly pulled the under- neath ones out from under the mun's elbow. The clerk looked around and said "You foel." Witness was very much astonished, and turning around asked Do you call me a foot and the other answered. Yes, you fool." Witness then remarked that that was not the sort a white man, and of language to use to

His Lordship said will deliver judgment. on that no which was argued before me at the last Bankruptcy Court. I have put my reasons in writing, not, however, that I had any difficulty after the very clear arguments addrossed to ms by the Bar. Ti sooms to me that after these arguments there is only one conclusion that can properly be arrived at Eu my opinion the question raised on this issue is The PRESIDENT mared that the well be res judicata as between the bankrapt debtor, Li Sheung, and the Wing Fung Tai. and is ordered to be closed, giving the owner two weeks in which to make the necessary arrange incapabla of being reopened in any proceedings a between the trustee of the bankrupt estate sents with the Water Authority for lying ou

and the Wing Fung Tai. The question ad water from the main to the premises,

The VICE-PRESIDENT seconded and the mitted in issie A was fully gone into and fought out to the end in Suit No. 21 of 1900, in which motion was agreed to.

the present bankrupt was then plaintiff and the Wing Fung Tai were thou defendants, and was distinctly and finally determined by Chiof Justice Carrington, as between those parties, in favour of the Wing Fang Tai, when it was decided that the lease was a valid and subsisting it he would report the matter to the one for a term of thirty years from a day in magistrate then presiding, The clerk muttered The PRESIDENT moved that the Board adhero

October, 1895, therein called "lucky day." The something to the effect of Go on, all right," to their former decision.

effect of that decision is to stop the bankrupt and then called hizo a fool again. Witness Mr. POLLOCK seconded, and the motion was

Li Sheung, and the trustee of his estate. frem reported the matter to Mr. Kemp, who advised agreed to.

igning the accuracy thereof in any proceed-hia to take out a summons. MrA. C. Franklin reported on his analying subsequent thereto. It was contended by Mr. Pullock that the determination of the ques of two samples of fresh milk sent to him by Inspector C. W. Brett. The first, bought from. dairy at No. 40, Cochrane Street, was formal to be genuine. In the second case, from 57. Elgin Road, Kowloon, analysis showed that the milk was not perfectly mixcil before delivery to the purchaser. No opinion as to its genuine ness could be expressed, reported the Analyst:

Mr. Pollock minuted-What is meant by "milk not being perfectly mixed?*

Mr. Honett-If, as I gather, the Elgin Road milk has been doctores," cannot the seller be prosecuted in view of the opinion given by the Analyst?

ANALYSIS OF MILK.

+

The PRESIDENT in answer to Mr. Pollock's query sad the phrase meant that the milk bad been taken from the top of the

which was

more creamy than the can, bottom. This was milk bought in bottles. It had not been properly mixed before being bottled, and contained too much fat.

WATER ANALYSIS.

The Analyst's report on the water supply for the month of Angust showed that it was of excellent -quality.

LINEWASHING.

Tho limewashing return for the fortnight ended 30th August" showed that 454 honses in the Eastora district had been since last report.

KAT RETURN..

limewashed

During the fortnight ended 5th September, it was reported, 1,059 rats were destroyed. Of

these 29 were infected.

tion raised in this fessio was not necessary to the judgment of Chief Justice Currington in facone of the Wing Fang Tai in Suit No. 1 of

the jade. 1900 and that in consequence ment in that case in favour of the Wing Fung Tai does not bind the then plain tiff by the trustee of his bankrupt estate a subsequent proceedings. I do not comen in that contention. I think it is clear from the pleadings and from the Chief Justice's notes that the question of the validity, of a certain lease then set up by the then defendant as entirling him as against the then plaintiff to the Possession of No. 19, Jervois Street, for a terra of thirty years--which is the self-same question as in this issue "A"-was made and became

Magistrate: Was anyone present

Witness: One of the ushers was on the other site of the table, but he has said he heart nothing clearly.

By defendant: I have authority to look through the charge sheets. Authority was given to ne by Mr T. Sercombe Smith when he was a magistrate here.

When defendant and complainant changed. places the clerk gave aridence, saying the magistrate was not sitting at the time spoken of. The reporter called him a fool-frst.

ENLARGEMENTS

The best way to preserve your Pictures is to have them enlarged. Small prints are liable to be thrown about and thus made dirty or lost; while enlarged ones, framed sad hung up, will last for ever, bestdes sorving as decorations to the walls.

Hongkong, 8th August, 1904.

SINGAPORE HARBOUR.

LONG, HING & CO.,

PHOTO GOODS DEALERS, 17A, QUEEN'S ROAD,

(Same Promises as Messrs. Ah (Les).

TRADE

TELEPHONE No. 13.

They's nothin' wrong with thHarbor," said [Mr Dooley. Th' Harbor's all a-right. 'Tis wan iv th' bost Harbor's I knaw, an' th leste timpeschons. A Harbor ye can't get | ahrowned in if yor sober, an' only if yor bind dhrunk They say its rongh, Hinnissy. Man alive, if there was no wau in th' Col'ay rougher than th' Harbor. 'twad be f'r th's Col'ny's good. They talk ir tb South-west swell. 'Tis nawthin' like as dangerons as th For HAVE YOU TRIED East Swells on shore that paragonate roan' th' Roads-in their lawg-earts, purtandin' theg'se used to it."

Then why-do-they-want to improve it ? asked Mr Hennessy.

He

th

"I dinnaw." said Mr Dooley.but after th' conversation, between th' Expert an' th' Garmint,

shtudyin th Export shtarts th Port. On ivry, side he sees th effect Firth shortage ir accomydashun fr ocean

teamorsan that give him an idear. goes to th Gov'raint. See yer,' he says, they se no actomydashun to speak' ¡v `f'r ocean steamers." he says. Thrue,' says Gov'mint; have ye a schame?' 'I here -Bay's th Export. We'll build an inner mule an outher mole un' a by th' East mole an 'a North by South-East-West mole, an a middle mole an some godowns. This will enable th' week-inders to come ashore wot inside and diary outside in- stead iv vice versey us formerly. But th shtrongest argymint in favour in me schame," he says, 'is that the ocean steamers will be able to stay outside,' he says, 'un' sayin th' back- wash,' he says, they'll be no worse off than befure. Besides,' he says, 'th' chaine will be as

roman'rative wan,' he says, 'an' that, he says: consid'rir th probable ray-duction in the Opynu Revenue, he says, is another advantage. A good boat harbor an' three Goy mint tugs fr wepkinders,' he says, 'an' a Gov'mint demur- rage an Insurance fund iv tin thousan' dollars to pay fr all'accidents au' loss iv time through rough wither, would serve the same purpose,' he says, a moot all requirements,” -ke-says- but," he says, 'twed not cost us much," he says

so I see nowthin' f'r.it but the moles he says.

au

'Tis fine schame' says th' Gormint-an axin' yer pardon f'r throublin' ye with such a detail' says th' Gor'mint-what'd it cost? Th Expert pulled back his coutsleere an' wur-raked.

it out on kis enff. Tivin Million Dol-ars', he saya.

WHAT! yelled Mr. Heruossy, jumping from his seat as if he were shot..

Ye may will jump," mid Mr. Dooley. Itivin Million Dollars iv th' wiekidist, th' most

*

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At the conclusion Mr. Wolfe dismissed the He was satisfied that in this cross-summons, vase, whatever had been raised about the charge-know. Hinuissy, afther yer fourth slug, can sheets, reporters hail no right to you them for ye still grasp what it means to saddle a col'ny the future. He was also satisfed that the clerk like this with an expandicher Eke that. Think had used had language, which had a tendency is the Municipality which is th Goraint's WHY NOT?? to cause a breach of the peace. and fine him neglicted younger brother-cryin' fr dhrains. Think it--Naw. Hinnissy, don't think--f'r yo $1.

haven't a shtrong hear-rt as it is. --Singapore Free Press,

outrajous az onscrupulions waste that iver mau WHY NOT?

OPIUM. .

* A man was charged with unlawful possessiou of one mace of opium, not from the Farm. He had just arrived in a steamer, did not conceal the opium, and it was only worth a few cents

and was considered by the parties and by the Court a acessary question to be determined in favour of the Wing Fung Tai before judg ment in the then pending suit could be given in their favour as defendants. The judgment of Chief Justice Carrington in favour of the Wing Fung Tai in the Suit No. 21 of 1900 renders the question of the validity of the lease. He was fined $1. yes judicata as between that firm and Lá Sheung and the trustee of his bankrupt estate, because. in that suit it was considered necessary to decide. that question, and, to adopt the language of Mi Best in his work on Evidence, Sth Ed. p. 5, it was actually decided as a groundwork to the judgment itself." I think the Wing Fung Tai are entitled to costs.

Mr. Pollock referring to the question of costs There was no other business of public in-rgaed that there were special circumstances in the case which justified the trustos in banging this setion before the Court for definite deter- Board wout before the Government, so they terest before the meeting, might leave that matter out. The Government practically was informed at the present time aU.S. LAW AND TRADES UNIONISM.mation, and he should not therefore be held

to whether these applications were refused or not..

to drop...

Further correspondence was submitted re the refusal of the application for permission to fix windows" enclosing the cord for or andahs of Nox. 16 and 17, Connaught Read Contral, the occapauts asking the Board to reconsider their decision,

ENCLOSING VERANDAHS.

The 1.0.H. wrote:-This will, it granted, be followed certainly by many other applicatione. The Board have already refused permission to eract even iron bars 6 inches apart n verandahs to keep out thieves. I cannot recommend any reconsideration of the Board's decision.

Em

liablo in costs,

His Lordship remarked that there was a general principle that costs followed the eront. It did not follow that, because there were special cirensstances, that was to prevent the costs going to the successful party.

Mr. Pollock asked his Lordship to make an order that the costs of all parties some out of the estate in priority to the second and third mortgagees' charges.

Mr. Slade objected to this, saying such an order should not be made in the absence of the mortgagees.

His Lordship said the order would be that the trustee pay the costs and indemnify himself ont of the estate.

A recent judgment in the Federal Court of the United States, by Judge Evans, lays down The second part of the motion was allowed the general principles of the law relating to strikes, defining the relative position and rights of all parties. As those general principles seen to be adopted by the American Federation of Labour as the basis of action by trade unionists, it may be useful, anys Engineering, to briefly set forth the several points: 1. Every person has the right to work for anyone who will employ hin 2. Every person has a right to employ anyone who wishes to work. 3. Those who wish to strike may lawfully do, so if no contracts prevent; and even if a contract is violated, they may do so, subject to damages.

Mr. Pollock added that there was another ployers may resort to a lock-out-sabject. of

case of breach of issue-What was the interest of Leung King course, to damages in contract. Labour unions are perfectly Chen and Lak Shan Ip at the present time in legitimate, and possibly necessary. i. Preful the house. No. 19, Jervois Street, Marine Lot and killy arguments and persnusion are 6A." Who were the Wing Fung Tai? perfectly admissible from members of labour anions to induce persone not to take the place of those on strike or locked out; but all manner of violenco in conuection therewith is wrongful and unlawful In those cardinal principles the whole philosophy of a strike is covered as regards employers and employed alike. Tot within compass of those principles qustions may arise of a serious charactors for example, the effect of a combination of mən. the non-union men who may desire to. romain at work or to go in out take the order. places of those who are out. Conforanty is the desire of employers, as well as of the employed, appeared in support of the petition, said the and those who do not conform are often assets amounted to $3,100, the greater part of subject to pains and penalties, as to which the law cannot take cognisance. The personal high as recoverable, and the liabilities to rights of the individual have thm to be $0.000.

His Lordship granted an order, considered,

The President minted. I have seen this verandah, and from a public health point of Now I fall to see why it should not be granted. There are very few employees on the door, us machinery is chiefly used, and no one sleeps on it, The question how far verandahs erected over Crown land should be utilised for trade purposes is another question which does not concern the Board.

The PRESIDENT said this was a different case from those in which permission had been refused to erect iron bars on verandahs in Chinese tenenient houses. In these cases people were living on these floors, and it was injurious to interfere with free ventiation or light in aug way. Hare nobody slept on this floor and there were windows which were open practically all day. He thought this was a case where the Board might well grant the permission eought, MY POLLOCK mored that it be granted subject to the condition that the premises were

upon

His Lordship said he had decided that the trustee hail nothing to do with this lease, and there was no reason why the trustee should seek this information. In view of his décision | it was quito unnecessary for him to try this second issue.

RECEIVING ORDER. Chan Ching Po, alias Chan Tai, alias Chan Kwai, carrying on business under the style of the Hang Hing Tai, applied for a receiving

Mr. F. A. d'Almada o Castro, solicitor, who

FALSE PRETKNCES.

A Chinese clerk employed at Central Police Stution was charged on remand with obtaining money. (860) by false pretences, and larceny of sume. A friend of his, it was said, came up and asked him for some truck. licences, giring him S60, to put the matter through. It was not this clerk's duty to receive money for, or issue licences.

·BRAVO!

WHY NOT???

† Ar a bull fight at Ean Sebustsen a bull and a IT MAKES MUSICIANS OF US ALL.

tiger were turned loose in a cage together in the ring, and when the tiger spoiled sport by crouching too low to enable the ball to get in IT 18 A SPLENDID ACCOMPANIST.

work with his horns, quibs, crackers, and spikes were applied to both. The bull" bellowed pitiably," and the tiger still crouched, until IT MAKES ENTERTAINING VERY

EASY. the bull sont bim flying through the door of the cage into the ring, where he lay on bie back Whereupon the audience showed the inspiring influence of such YOUNG AND OLD CAN PLAY THE spectacles on their manhood by fleeing in all directions. and the Provincial Guards shot the tiger, and, to prove they were not afraid, want on firing some time after he was dead. The casualty list includes the tiger, an ex-Minister shot in the jaw, and a Carlist. Deputy and zing other people wounded.-- Bangkok Times.

in erbaustion and terror. Mr. Hanson prosecuted, and Mr. John Hastings, solicitor, appeared for the defence.

Defendant was sentenced to one month's imprisonment.

CHINESE COOKS IN LONDON. Is the Chinese cook arriving? The answer is that there appears to be a slowly growing desire for hira among curtain West End restaurant-keepers. Fut good Chinese cooks are as scarce in London as they are valuable.

If any case the new movement must take some time; for the experience proves that London does not appreciate novelty like New York or San Francisco-the happy hours of the heathen can cook. An enterprising Chinee who restaurant-keeper, who is proudly advertising his possession of a genuine culinary Chinaman. gave his views on the subject to a Morning Leader representative..

"My man," he said. "is very valuable. I would not part with him for anything. It took me two years to get a real, first-class Chinese gook; and having got him I intend keeping him."

"What can be cook!".

SHIPPING NOTES.

STEAMER MOVEMENTS. The A.A.steamer Epsom left Amoy yesterday morning, and is due here this afternoon.

The steamer Gregory Apcar, from Calentia, left Singapore for this port on Wednesday. morning.

The 0.8.8. & C.M. steamer Stentur left Moji yesterday at daylight and is expected here on the 12th Sept., at daylight.

The Boston Towboat Co.'s steame. Lyra left Seattle for Japse, Hongkong, and Manila on. the 7th Sept.

MISCELLANEOUS.

The Mochew, from Bangkok, brought 1.700 tons of rice and 100 tons of timber for Messrs. Butterfield & Swire.

The 8. Glenlochy, from Loudon, has 6,500 tons of wargo. for distribution in Far Eastern ports. Some, 1,500 tons of it are for Hong- The ss. Tyr arrived from Hongay yesterday

"Anything," exclaimed the proud caterer | kong. You see here is uong yoke, which represents pork that can be eaton in this hot weather; and with 2,600 tons of coal. I also recommend sop chai young chai, stewed lazak.

"People who try these dishes agree that they are delicious, and a pleasant change from the ordinary French and English cooking. Very good, too, are Young ohni miso it'-sweets in the best Chinese dinner style.

But should you want, say, roast beef and Yorkshire pudding the Chinese cook knows ull- about it. He can Ara eat an English dinner quite as well as any Englishman, or even Frenchman or Italian, who mostly do the cooking in our restaurants."-London Morning Leader.

WEATHER REPORT.

The Hongkong Observatory yesterday issued the following report

On the 8th at 11,35 am. The barometer It has neighbourhood of the Loochoo Islands. has rison in Japan and over the Pacific in the fallen slightly in 8. China and still more in the Philippines.

the

There is a depression probably a typhoon, të Gradients are slight on the China Coast, and

east of Southern Eazon. light variable winds, and calms will prevail in the Formosa Channel, and light E, winds in the northern part of the China Sea. Forecast:-Light E. winds, finé,

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Hongkong, 24th August, 1904.

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