1904-12-13 — Page 3

Page

CORRESPONDENCF.

BAND PERFORMANCES AGAIN.

THE HONGKONG LILY TRESS, TUESDAY, DI CEMBER 13тH, 1904.

TO THE EDITOR OF THE DAILY PRESS."

Hongkong, 12: December, SIR, Ether Banyan" or your compositor must have made a mistake when writing or setting up the "Hongkong Jailings” which appear in your issue of to-day.

The paragraph I refer to is it relating to the Royal West Kont Regiment's · Baod.

SUPREME COURT.

Monday, 12th Decombor.

IN APPELLATE JURISDICTION,

BYFORE SIL H. S. BERKÉLÉY (CHIEF JUSTICE) AND MR. T. SERCOMBU

SMITH, (PUISNE JUDGE).

TAND THE U. THE ATTORNEY-GENERAL. This was an appeal against a decision of Mr. HH. J. Gompertz, made when he was presiding over the Land Loart, regarding a claim for

Mr. Slado- Paid no. assessed taxes. It was formasily registered land. & description of it and the area is given in the holding of the family. One copy of this is kept in the provincial treasury, and the other in the Sun On Magistracy. With lood, like this, put on the register, when the time. comes for it to be surveyed the officials know where to go to for such registration.

The Chief Justice-Land may be held in two ways!

Mr. Slade said that was 30, The Crown had pat forward a theory of Chinese law, und

Banyar "has no doubt” the attrudance will bland in the New Territory, being Chim C.Ale (Mr. Blade) at that moment was contending i

larger the nort time the Baud is "privileged to play in the Gardone"!

To me the bout seems to be on the other foot and the Public and not the Band would appear to be the privileged party."

This question formed the subject of a very interesting correspondenco in your valuable paper some months ago, and the consensus of public opinion as indicated by the letters of your correspondents very clearly favoured the common sense view that the people of Hongkong aceopt rather than bestow a privilege when they attend such a musical treat as is provided by the Military Bands in general and the West Kents band in particular.I have the honour to be, Sir, Your obedient servant,

GOLD LACE.

ROBINSON ROAD.

TO THE EDITOR OF THE "DAILY PRESS.

Survey District No. 4

Messrs. M. W. Slade and H. G. Calthrop, instructed by Mr. J. Harston, appeared for the Mr. H. E. Polleck, K.C., instructed by Mr. sppellat; the Hon. E. H. Sharp KC., and

the Attorney-Gouerul, F. B. L. Bowley (Crown Solicitor), for

Mr. Slude-My Lord, the appellant in this case is a trustee for and representative of the five branches of the Tang Clan. He is not appealing on his own behalf alone, but on behalf of bisulf and follow clansmen of whom he is trustee; and he claims on their behalf 150 acres of the foreshore is Chung-sha-wan Bay, which is the large bay in the Harbour on the mainland opposite Stonecutter's Island. The rights of the appellant are based on two documents issued by the board or bureau called the Sha Tin Kuk, in the year 1890. It is not disputed that these documents are genius documents or that the Sha Tin Kuk was the proper Chinese authority to issue them. Hongkong, 12th December, The questions which Your Lordships have to SIR,--May I presume to draw the attention decide are first, what is the effect of af the responsible authority to the disgraceful those documents-what title, if any, do they state of Robinson Road (Kowloon); the wheel give to the appellant; and secondly, whether barrows which have been used for removing the the British Government has the right to earth from the site of the new church have confiscate or avoid those rights by anything been allowed to make holes sud ruts several done or omitted to be done by the appellant. I Finches deep, and the lense murth covers the road propose before going into the legal question to to a depth in many places of two or three inches. deline the boundaries in dispute. The boundary In the present dry weather, with a strong wind on the east of both pieces of land claimed by the blowing most days, this state of things is pusi-appellant is Sham-sei-po, and the boundary ou tively painful to residents as well as to pedes the west, the Lai-chi-kok Custom House-the triens; it is impossible to open a window with old Chinese custom house at Lai-chi-kok. The any comfort, and walking is anything but two pieces of land which are claimed are con pleasure, and ricksba riding is positively tinuous pieces, the one joined to the other. !. dangerous.

Mr. Sade here alluded to two exhibits (documents). Continuing-The veuson, I way mention, that both have counterfoils is because the man who held the originals would not give them ap, and then others were drafted-they drafted their own copias. There is nothing sent a petition to the Sun On Magistrate and

Contractors and coolies in Koricon seem to te allowed to do what they please with the roada; are there no byclaws or regulations for the protection of the poor persecuted and long suffering ratepayer and resident?

The Merry Microb has in this particular case & splendid opportunity to make himself known, and I sincerely trust that Dr. Clarke will at chce get on the war path.

Trusting that you will spare me the space for this little growl, which I know will be endorsed by all residents on the Robirton Road. I am,

eto..

W. K.

-A CORNER IN-SALT.

There is a plan on foot, according to native reports, to secure a monopoly of the salt that is shipped from Hangebow to to Shanghai Settle ment. Two native ex-pastors are attempting, with the aid of influential foreigners, to get the right to control the salt market of Shanghai.

was

The

however, between the two documents. boundary of that piece of land which is the northernmost of the two is stated as the long embankment on the horder of people's fields. This northern boundary reatified in 1892, and it was moved some little way nearer to the sea. The decision was given by the Sun On Court, specially sent down for the purpose of deciding this particular question. In the avidenes before the Land Court the appellant stated the effect of that decision. boundary the appellant pointari oat to the British demarkation officers, and was the one which he claimed in the Tand Court. It was held in the Land Court that this boundary was the northern boundary; the southern

that this was entirely an erroneous interpretation

of Chinese Inw

.

The Chief Justice--Was it not that the holde time and if he did not do so ho lost tho right. has the right to reclaim the land within a certain

According to Mr. Justice Smith Exercice control over the land" was the term used.

Hearing continues,

POLICE COURT.

Monday, 12th December.

BEFORE MK. H, II. J. GOмPERTZ (FIRST POLICE MAGISTRATE).

A. COMEDY OF CHRONOMETERS.

XMAS

3

CARDS.

LONG HING & CO.,

PHOTO GOODS STORE,

17, QUEEN'S ROAD

(SAME PREMISES AS MESSRS. AI CHEE).

MR

Hongkong, 28th November. 1904,

others from the privilege of gambling.

statou his case thus

He

Sir-Those who, like myself, have had amplo opportunities of watching the influx of Euro- Johore, Sunday after Sunday, will likely agroo pean, Eurasian and Chinees haba visitors to

passed by the Jehore authorities forbidding the with me that the regulation which has been entrance into the houses of the gambling farm thero of Europeans and Eurasians, is a wise one; but it seems a pity that the line was drawa there.

Two metermon, heavily laden with samshu, acesul each other of stealing a watch at West Poistn Saturday night last. One of them, in possession of a police whistle, was blowing its furiously when scone and took the pair in charge. On being constable appeared on the searched at the police station, it was found that each man had his own watch. A fine of $5 for disorderly behaviour was inflicted in each case

LARCINY.

parso containing $5 from nother bins in Chin Chin was charged with the larceny of a Wing Lok Street. Mr. Dixon (of Mr. John Hastings office) appeared for the defendant As the evidence of witnesses for the complainant was rathor conflicting, the defendant was dis- charge.

JEFORE ME. F. A. HAZELAND (SECOND

POLICE MAGISTRATE).

ATTEMPTED BURGLARY. The owner of a fish shop nt West Point was roused from slumber in the early hours of going to look see," he saw a man leaving his Sunday morning by a noise in his shop. On shop with a basket of fiel. The master, accom- panied by a foki, ran the run down and gare Station he was recognised as an old offender, him in charge. On appearing at the Police having but recently completed a team of six

and imprisoned for twelve months.

months', after which he was banished. He was charged with returning from banishment,

DISORDERLY BEHAVIOUR.

A Baropean named Sylusy, together with a Chinaman, was charged with behaving in a disorderly manner at Yaumati. The European struck a Chinman over the heal with his by throwing dirt and stones stick, and his Chinese friend followed this up

his country men. The defendants were each fined $5. Sydney was further charged with striking Worship was informed that this mau had the complainant while under arrest. His given the police considerable trouble of late.

gousequent

TRADE

TELEPHONE No. 195,

MARK.

BURGUNDIES

DURING the Change of Seasons FULL.

NUITS

CALIFORNIA

SPARKLING RED

I doz. 2 doz. Bottles, Bottles

$16.00 $19.00

17.00

19.00

22.00 24.00

27.00

32.00

31.00

39.00

13.50 15.50

83.00 35.00

Had they en step further and in- oluded all babas who are employed on this side of the water, it would be considerably better. It in wall known that positions of trast and responsibility are largely held by Strails born Chinese men, whose mania for gambling is as grent as, if not greater than, those who hail from the Celestial Empire. Instances are not wanting in which Straits born Chinese mon have been practically ruined in pocket and reputa- BODIED, STRENGTHENING WINES of Johore. The sequel to tion though frequenting the gambling hells. is generally most lamentable; misappropria-

such visita are needed, tion of the funds of their employers with results often being one afford to indulge in the dangerous and highly of them. As a class, they perhaps can least pernicious pastime; and yet. in the face of stub MACON born facts staring them in the face, the authori ties at Johore have not deemed it necessary to BEAUNE. exclude Struite boru Chinese from those dens sion prevalent among Europeans, that Eura- of vice. There is a most unfortunate impres-

VOLNAY... sians also are largely addicted to the view of POMMARD, "Superieur" gambling, an impression that has gained ground because of the misleeds of a few of a

CHAMBERTIN certain section of the Eurasian commnnalty as a result of too frequent visits to the gambling houses; but as a totally impartial observer. I think it hat fair, with the frequent opportuni- ties which I have had of satisfying myself as to the truth or otherwise of this impression, to add, that this class is decidedly in the minority. It should be borne in mind that there are Eurasians and Eurasians, and to tar every one of of a comparatively few, is hardly consistent with them with the same brush, because of the failings that esuse of justice and fair play which is the attribute of every true-born Briton. terested to study the matter with a view to dis To anyone who has been sufficiently in- abusing the minds of certain people of the flee impression that has been created, it should have been no difficult matter and would have cost but little trouble. I have made it a point to watch the passengers by the down truin far months at a time, and having done so, can confidently assert that thoes from among the class referred to, who make it a point to risit Johore on Sundays for the purpose of play, can be counted on the fingers The same feces of men and women are invariably seen. Sunday after Sunday, thereby enabling one to tell with a certain degres of acourary who are following Sunday. In the case of these identi likely to en'rain themselves for Johore the cal few, it might tonth fally bo said that they are thoroughly imbued with the spirit of gam- that is likely to deter such people from grati fying their inborn mania for play. If Johore were closed to them, they would still find an opportunity else! ere.

This was the He was sent to gaol for 14 days withioning, and there is no regulation under the sun

the option..

THE TALISMAN,

before the Court for chtaining money ander Chinese "doctor" Loung Tak Ming was false pretences. It was said that as Lat Chan was walking along Queen's Road mar Circular Pathway he was accosted by one of the doctor's from consumption. Lai hun was very much tonts, who informed him that he was suffering surprised to hear this, and of course asked

SOLE AGENTS H. PRICE & CO.

12, QUEEN'S ROAD CENTRAL.

ROBINSON

41

PIANO Co.LD.

SPECIAL

XMAS

PRESENTS.

MASTER PIANO PLAYERS

In regard to Chinose nonias who are not Johore, it seems strange indeed that while they 8385. $495. $595, $700, permitted to visit the gambling houses at

raised in protest. Are there not sufficient and TESTED 5 YEARS IN HONGKONG are denied the privilege, husbands, fathers and brothers may do so without any voice being

They say that now the salt is being smuggled boundary was the sea. I was Leld by the Land into that place and the Government is failing Court in regard to this that the land comprised to get the revenue. It is not reported what within that certificate included land only above offer is being made to the officials, but "the high water mark (Sec. 14. Page 6 of Judgins immediately took him to the Doctor, who, of enough wealthy and foolish Chinese men who

foreigner who uses hia influence in Shanghai ” is to receive 300 tals per month for the rest of This life and the one who wins over the Governor to the plan is to receive a pension of 100 taals per month.

GERMANY AND ENGLAND.

Dealing with Connt von Bülow's statement to the XIXth Century, the Mercury : Nothing that the Conut could have done to gain a hearing from the British people was more certain of achieving its end. We as a people like plain-spooking. Be it friend or foe

to

The northern boundary was sand fields on taxed property of the same family (referred to in exhibit A. S.). That being the northern boun- dary, the southern boundary is the sea. The weaning of “The Sea" has been hold by the Land Court as low water mark-we admit that. The word sea in the two documents is different in one it is high water mark and in the other low water mark. The sea being a shifting boundary the area might alter, from time to time. Our case is that under" these documents (A. S. and A. T.) we obtained title of the land; the case for the Crown, apparently, is that these documents conferred no

title.

Mr. Stade here referred to the afdarits.

The Chief Justico-This remains Govern- out waste till put on the registrar-You dispute that P

Mr. Slade said that the Crown's contention land for specific purposes; this was the was that they were moraly licensed to go on the

What must I do to be cured? The tout

course, tried the Deedle cure. "Now,

I'm going to

run this needle through you," said the donor. Hold your head up." Lai hold his head up and felt a prick, and shortly afterwards the medico informed him that the noodle was in his chest. He asked for all the money tho gull had on him, which was $14.50, and then quietly informed his patient that he could not extract the needle until he was paid $8 more. Lai Chan went to but this man told him it was fl & hoax and bis clausman to borrow the required amount,

went with him to the dector and demanded te return of the money. his the doctor refused until a European constable was called in, when he yielded. The door stated that the com. plainant hast caled asking for a prescription, and as His Worship believed this, he dismissal the case.

ILLICIT OPIUM.

each fined $100 for being in possession of Four Chinese from Ping Chow Island were illicit opiam,

GAMBLING LAWS.

who talks to us, we like plain meaning in plain terms. If there is the slightest suspicion of mentul reservation, of evasion, or equivocation at any sort then every act, every word, and every thought comes tainted to us. It is this more than anything else which has so widened the bresch between curselves and the Government of the Tsar. It is not fair to say between ourselves and Rusia, for Rus- siapa are by no means unpopular personally with Englishmen. But biving been 80 grossly deceived again by the Govern principle of Chinese law; they had no right to ment we have come the conclusion the property till it was on taxation-thora wasing leading article on November 29th- nothing can be done wish Russia without no authority on that. He would ask Their muderial guarantees that she will carry out ber engagements, and that her people in St. Peters. Lordships to take the interpretation of Chinese larg shall not say one thing and her representa law to be founded on judgments of Chinese tives elsewhere do the opposite.

courts-there could be no more competent It seems to be forgotten sometimes that Great Britain and Germany are not only of the authority than decisions of courts within that samo race, but that they have never once in ailuisliction. In the present case there was history fired a shot in anger against each other, fortunately a long sorics of decisions of no less Count Bülow repudiates the assertion that Ger than sight different magistrates who had many is preparing for a naval war against us. sat in the Sun On District, and these Englishmen will be glad to bear it. Germany The following is the programme for Wednes his just as good a right to a navy as we erecisione were before the Court. The groat by night's concert, at which H.E. the Governor anybody else. Whether she has any need for importance of these judgments was that they were is-to-be-present. Other particulars apparin probably differ. But when the Count stigms which the appellant relied was given to the so great a oue is a matter upon which we shall given at a time after the document of title-on- the advertisement.

tises war between us as a moustrous crime Dict for Violin and Piano......Balinda... Dvorak he is saying nothing but what is strictly and place, so the decision of 1890 had reference to sa Henrietto Markens and Misa Edith Merryleys literally true. That it would completely rain the exact set of facts on which Their Lordships sdag...Angels Guard Thee (with violin obbligato)Germany, and partially destroy British trade" had to roly. The appellant had possession of B. Godard is no loss true, and the game, notwithstanding the land at that time, and, as a matter of fact,

the vapouring of fools on both sides, is not Chopin worth the candle.

continued in possession to the present day, Another most important fact to bear in mind was that this land was never shing fo (assessed to taxation).

FORTHCOMING FASHIONABLE

CONCERT.

Mr. Lammert.

iano Solo... Prelude op. 28 Impromptu A.C.

ing...

Mize Edith Merrylees."

The Enchantrees.

Mrs. Wobb

Hatton |

elin Solo... Faust Fantaisie... Gounod-Saraente

Mine Henriette Murkens.

(a Chanson de Nuit El gar

Miss Hemitte

- Honciatto 31urkena

mitte Murkons

olia Soli Bapillons..............

25

no Solo

Lovely Spring Willem Corner

Mr. G. P. Lummert.

ammert.

Carnival..

Miss Henriette Merrylees.

Grieg

.......

Still wie die Nacht...... Carl Bobm

Mrs. Webb,

Ha Solo ...... Danse Tzigane

Miss Henriette Mirkene

Naclez

o Solo...... Irish Rhapsody... A. Rosenthal

Miss Edith Merrylees.

WEATHER REPORT:

The Hongkong Observatory yesterday issued the following report:-

His Lordship-You never had a title of ownership.

Mr. Slade The land itself was registered

Ca the 12th at-11.95.m. The barometer has tilen in N, Chine and also though slightly, in-and taxed.

Philippines,

In 8. China and Formosa it has fallen Gradients have become rather strep upon the hina Coast and strong N.E. monsoon will pre- veil in the Formosa Channel, and moderate hatt increasing monsoon in the northern part of the China Sea,

Forecast-Moderate to fresh N.E. winds, cloudy, fair.

The Hou. E. H. Sharp-It never was. Mr Shade said that premium had been paid, The land was registered and had paid taxes, and was described us taxed land.

The Hon. E. H. SharpThe appellant before the Land Court said that he paid no taxes on the sand bank,

It als

WITHOUT A FAILURE.

NEW SINGING

MACHINES.

BUT AN ACTUAL REPRODUCTION

Bro not Straits born man, from whom the croupiers of the gambling honses zay wheedle their hard earned dollars without taking in the St aits born Chinese met as well? This is a matter in which the Straits Government is us much interested as all employers, and the moral responsibility rests on them should they, omit or neglect to improve the social status of a class in our midst that is by no insignificant.'

Knowing, as we do, the identity of " Übzer- Fer" we may not criticise the motives of his NOTA PHONOGRAPHIC ATTEMPT latter which we know are of the best. Atthe same time we regard his suggestion of dividing the Chinese into sheep and goats- Babas and ou Baba-is going to present insurmountable difficulties if the Babas desire to share the same rights as their alien born brothers in respect of gambling As for the alleged gumbling pro- ofivities of Eurasians, we think Observer's"

far the men control or uncurb that instinet, to gamblers by instinct. It depends upon how All men are apology is scarcely called for.

be able to determine whether the liberty given to the instinct is to be described as a vice or a pastime. The inab-lity of some people to ntrol the passion renders gambling a vice so far as they are concerned-and the vice is one which almost invariably brings in its train many miseries to innocent

persous.

The

inability of certain other people to recognise that there are many who can gamble without being visions in so doing, is not the init often touches upon that most painful of virtuos -bigotry..

LATEST STEAMER MOVEMENTS.

OF THE VOICES OF THE WORLD'S

BEST SINGERS AND BANDS.

$60 To $125.

BECHSTEIN

ROYAL PIANOS

AND THE BEST MAKERS OF

EUROPE.

OUR OWN MAKE

$400. TO $550.

OR CREDIT

SYSTEM. Hongkong, 9th December, 1901.

DR. NEWELL WILSON,

The Straits Times had the following interest- John was very empty on Sunday, as a result of the latos: regulations which forbid sil persons Hotel was desolate unpared to ordinery Sab- save Chinamen from gambling there. The bathe, and it is fair to assume that the revenues of the State will suffer through the new restrictions; because the Farmer canot senratly be asked to pay his contrac price for legitimate patrons from playing at his tables. the Farra if the antar rities forbid hie whilom Leaving the ethics of gambling entirely on one The P. & O. steamer Malta eft Singapore side because there are people who regard for this port on the 11th inst, at I p.m., with even beggar-my-neighbour in the light of a the outward English malls, and is duà hero ou

rickshan coolie or the house" boy," the kani or the French mail, left Enigen on the 11th inst, at liding chute te eternal damnation--we cannot the 17th inst. about 2 pm recognise the justice of a law that pormits the The M.M. stazer Dumbea, with the next CASH muck-bearer to enjoy the privilege of gambling 5. and is expected here at daylight on disposed, and denies that privilege to the Euro- his head off, "80 speak, if he feels thus Wednesday. pean, the Eurasian and the indigenous Malay. left Manils for this port on Sunday at 6 am.. The O. & O. steamer Doric, with mails, ke,, Morally, no doubt, it is a very good arrange and is due here this morning. ment; legally, however, it seems utterly najus titiable. It does not seem to be consistent with left Kobo via Nagasaki and Shanghai on Sun- equity that the governing race should be dis-day at 10 p.m., the 11th inst, and may be ex- criminated against in favour of the Chinese by poofed ho on Tuesday, the 20th just. the potentate of such a friendly end pretically The J.-C.-J. steamer Timahi loft Moji for and emphasising this point, we doubtless place hore via Swatow aud Amoy on the 21st inst dependent State as Johore. In bringing up this port on the 10th inst, and may be expected the authorities in dilemma, but gambling should not be permitted to one section of the community and ho-donied to another acction, in s country whore we are all alloyed be equal in the sight of the law. In these views we differ from many of the more piously minded among our readers who may hold that the ends alway justify the means irrespective of the matter of equity. Sacha one writes to us ander because the Johore regulations do not ozelnde the nom de plume of "Observer," and protests all Chinees Bias as well as Europeans and

The LG.M. steamer Prinz Bitel Friedrich

The 0.8.S. & C.M. steamer Hyson left Singa- pore on the 11th inst. at daylight, and is dus here on the 17th inst, at daylight.

The 0.8.8. & C.M. steamer Sobralenee left; Singapore resterday at noon, and is due bore! on the 19th inst.

The G.P.R. steamer Athenion arrivod at agesaki ot 9 a.m. on Monday, the 12th inst.,

DENTIST.

Latest American Methode.

Reasonable Fees.

No charge for examinations, Office hours 9 AM. to 5 P.M.

12150

and left again at 4 pm. same day for Shanghai, 1ST FLOOR, WATKINS BUILDINGS. where she is due to arrive at 4 a.m. to-morrow

The steamer Lowther Castle laft New York on the 5th inst.

31, Queen's Road Coutral. Hongkong, 19th October, 1904.