1907-10-19 — Page 9

A CORNER IN GINSENG.

The case of Leh Tak-chong Co. v. the Korean Government came before the Korena High Court on September 18th, 23rd and 28th. The Court consisted of a Korean Judge, Korean Assistant Judge and a Japanoss Amsesor. There were several foreignées present, including the Consul Generale for. Great Britain, Franc, and Chinto,

Mr. d'Auxian da Rufe of Shanghai appear for the plaintiff company.

Plaintiff's petition was briefly as follows:: In August 196, Korean Governmost ficial named Chao Chiu-shing, Head of the Ginseng Department, came to Shanghai for the finding of purchaser for a qulity of ginseng the personal property of the Emperor of Korea, by whom he was instructed to sell it.

#

This gins aig was the 30th year's crop, and consisted of 67,0&catties best quality and 13,400 catties second quality; all being store! in the godowns of the Mitan Bussan Keisha at Chefoo.

THE HONGKONG DAILY PRESS, SATURDAY, OCTOBER 19cm, 1907.

Mr. Tu Bio-yuoc, General Manager of the Imperial Treasury, was called and sold: Mr. Cheo was sent to Shanghai by the Imperial Treasury to find a party who should be disposed to give a suitable price for the ginseng on aala; that is why he made a contract with the Chinese firm.

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a

Mr. d'Auxion:-Wan Chac entitled in sign contract on behalf of the Imperial Treasury-Chao wrote to the Minister of the Imporial Treasury and to myself, stating that the Chinese offered Y.1,650,000 for the ginseng The Minister said that if the money was paid at once, that price would be accepted. Chso told us that the Chinese would not pay at anos, and that they offered Y. 1,650,000, payable in three instalments; then the Minister of the Imperial Treasury saw His Majesty, and then time to tell me that the price and conditions were accepted and told me to write at once to Chao, to order him to make the contract. I did so.

(3). The managing owner of the ship, on the receipt of any such notice of alteration, shall forthwith transmit the notice to the master of the ship on receipt of the notes shall produce it to the registrar of the port at which the ship is when the notice is recei: d, if a port having a registrar, and if not to the registrar of this flest port having a registrar at which the ship arrives aftor the antice is regoived, and the registrar shall alter the crificate of registry of the ship in scoralsace with the notios,

(4)

the managing owner or master of a skip fails to comply with the provisions of this. section, the managing owner or master, as the case may b shall be abln on sumar! conviction, in respect of each offence, to a fina not exceeding fifty pounds,

5) The expression "managing owner" in thin section includes any person registered under section fifty-nine of the principal Act in cases where there is no managing owner,

COSTUME AND CHARACTER,

4. This Act may be cited as the Blerchant When the contract was signed sot when the Shipping Act, 1967, and smil be construed as representative of the Chiness arm came to Beonlone with the principal Act, and the Marekant For the purpose of paying the first instalment Shipping Acta, 184 to 1906, and this Act The Leb Tak Chong Company, Shang and fake delivery of the gissong, what took may be cited together as the Merchant "Ship- bai, has for several years purchased the placa -I do not know exactly, as I did not ping. Acls, 1604 to 1907. Korean crops of ginseng, and is the larges How the Chioaman: I heard that the Imperial ginsong firm in Shanghai, Originally theyTreasury dil not approve of the contract. parahased through Mr. A. Chazalon, and sub- For what reason The Mitsui Bussan Kai- sequently through the Mitsui Bussan Kaisha.ha offered to pay the same price as the Chinese, They were, therefore, well known to the Korean nad wo had to give the ginseng to that Com. officials, and Mr. Cho entered into negotiations pany," as we have a contract with the Miami: with them on his arrival. Offers and counter besides, if we had given the ginseng to the offers were made, and Hally a contract was Chinose, we should have had to pay a commis signed on September 12, 1906, between Mr.sion to the Mitsui, as a compensation;_ab' we Chao Ching-shing, noting on half of the Emperor of Kores, on the one part, and Mr. Ya Yaching as Managing Director of the Lel Tak Chong Company of Shanghai, on the other part.

up

to

MISS-CONSTANCE COLLIER DISC TASES THR PHILOSOPHY OF DRESU.

Miss Constance Coller, who plays Lady Marion Beaumont in "The Sins of Society," the drams at Drury Lane, gires in the following preferred to deliver the ginsong to the Japan-interview her opinion of the effect of stage

so, this would have been a loss of Y90,000 to costume on the mind of the player.

TS.

The commission you are speaking of is 2 per cent, therefore. the compensation that you The conditions of the said contract were as pratend you should have to pay would only have follows The sale to Mesars, Leh Tak Chong been Y, 33,000, neodly, this commission is Company, Shanghai, of the 30th year's orop of paid, not by the Korean Trosary, but by the ginkong for the sum of Y: 1,650. Dalisory to other party who buys the ginseng: Mors, be effected at Chefer, in three instalments of Rondon Plaisant paid, in that manner, Y equal proportious, the sollers paying all charges 20,000 to the Mitani when they bought the fime of delivery. The first delivery to beginseng in 1904. Why did you order Chae to taken within three months from date of contract, make a contrast in Shanghai, and not tell him the bayer paying at the same time the sum of to come to Seoul with the bayer and make the Y 600,00-The second lot of Ginseng to be contract in Seoul? The ginseng was not is cleared three months after the above, against a much a good state as the Chinese, thongh, and outh payment of Y. (01003 Delivery of the if they had seen it they might not bare giver remaining third to be taken three months later, suh high prics-(Laughter.) the buyers paying a further sum of Y. 50,000, thus completing the total of Y. 1,650,000. The seller agrees to make fair, allowance for short weight, damaged goods or for inferior quality.

The seller nadertakes not to supply any farther quantity of ginseng to the China markets during one year from the date of this bontract.

The buyers shall have the option of purchas ing the Slat year's op of ginseng, and the leiler shall not offer it for sale to other mar. hauts until after the delivery of the present rop, nor without the knowledge and consent of be bayers,

A penalty of Yon 155,000, aqual to ten per ent of the full contract price, shall be paid by Ither party horate failing to carry out any of he conditions of this contract, to the party de

anding fulfilment thereof.

be

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Do you know how much the Mitsai Busan Kaisha offered for the ginseng, before Chan made the contract with the Chinese in Shang hai -The Mitsui had offered Y: 1,800,000.

And when Chao came back with the other contract, the Mitaal than were willing to pay the same price, that is to aspY. 1,650,000 Yes.

So that by making that contract in Shanghai the Imperial Treasury benefited to the extent of Y. 350,000 behind the Mitsui's back (Laughter.)-You cannot say it was a benefit.

At this stage the case was adjourned to Thurs- day, Septembar 2, to examine the contrast made in Shanghai," Me d'Auxion asked the Court to allow him to bring, as evidence. I E. Ma Ting Land. Consul General of China; and the Ceart finally consenter.

Mr. Anxion asked His Excellency whether he had seen the agresinent and a reply was given in the affirmative. Counsel they asked the witnem if he considered the agreemeul was binding one or merely provisional.

Do Fon find that on the stage generally the costume affects the noting?" I put the question abruptly to Miss Collier,

She looked serious and thoughtful.

On frock, as on art; on art as on literature, Misa Consianos Collier exhibits her predomin aut charm-intelligence. She never does any thing without it, whether it be to talk, to dress or to act, or possession of intelligence and beanly is the measure of her distinction among women. After thinking, she said :-

"Not exactly the acting, but the continel, perhaps. Dress naturally reflects the manner of the period in which it was wern, Fashion en of to-day asks some consideration of its wearer to exploit it to the best advantage. Different attitudes spring inevitably, from different garb. Under the silf Elizabethan stomaober, for instance, one would not be able to bear oneself exactly in the same style as in an early medieval frock. Then, too, under the influence of Eastern and Western raiment. the stops and gestures would differ. Au actress tries alway to suit her potions, her methods, and her modes to whatever age or country the play might belong."

I

I suppose it is not so much of an effort?' Not stupendous in some cases, I confess to feeling requettish directly 1 get a patch on my cheek-though, to be sure, the early Romans are authentically accredited with wearing palokos, and the Fates forbid should add cognatishness to their traditions Then, too, when conscious of a Walton pleat at my back and paniers on my hips, I have an irresistible desire to dauce a minuet. : Cos- tume does alEset one'a 'mools. You cannot. imagine dancing a minuet it a kimono, can you?

After completion of this agreement, the buyers, Lesers. Lei Tak Chong & Company, made necessary financial agreements for carrying it their underiaking. A representativo vas dis. The witness replied that he considered it

"Moderu dress: no less has an influence on atched to Seoul with sufficient funds at his cia binding because on the ens side it was a govern. bearing sul on mood. It is an admitted fact meal in order to take delivery of the first instalment agreement and both the Chinose and that a woman in the very Intent fashion, listed entof ginseng. He was detained at Seoul without Korean Governmenta invariably, to a provisional in the very best manser, fools herself cou by satisfactory reason being assigned for the agreement, added two characters which meat soiously more triumphant, even happier, than play, and ultimately be was informed that the that it was only temporacy and must be ratified when lu a costame labelled of yesterday. And ntract-could not be carried out because the by- that Government before any responsibility there is much responsibility attached to the Iltan Bassani Kaiele had declined to deliver was incurred. Those characters · were pot wearing of the latest millinery. And colour ginseng, asserting their right to parchase it placed upon the agreement made at Shangh-colour lias a great power upon me; it cau remselves at the contract price. The Lak Tak and moreover there was one charsoler in the excite or depress me, And overyone I should hong agent then demanded payment of the said agreement which signified that it was

say. I always fell melancholy when in black... enalty, Yen 165,000 as stipulated in the con-binding.

"In slage dress it is unquestionably wise to act, to which he received the reply that he

suit the costume to the spirit of the st. Just look to fas Japanese for compensation, as

Choosing a dress, by the way, gives opportunity hey had compelled the Koreans to ignore the

for repressing the meat alluring of crimes- patrast.

egotism-for every gown should be selected primarily with respect to the scene in which it is to appear: secondarily, with respect for the dresses by which it will be surrounded; and, thirdly, with consideration for your own individual figure.

Does to-morrow show you demonstrating or what do you wear whan theory. ropenting?"-

Grey clupe de Chine."

On October 1, 1908, Leh Tak Chong sold another party in Shanghai, 15,000 patties of is ginseng under contrat to them, at a profit Tis. 4 por catty, and they are being pressed! or delivery, or, in default, for compensation.

Lob Tak Chong Company, therefor, clain. rom the Emperor of Keras, or his representative, 10 primi of Yen 165,000 for breach of contras), accordance with the conditions agreed upon. About four years ago a similar inci lent curred, the buyer teen being Mr. A. Chazaion, ho recovered from the Korean Government similar breach of contract au indeninity of fon 300,900.

The defence was that the agreement made at shanghai was merely a provisional ous which has not ratified by the Koreau Gorerament nd, therefore, was not binding,

Mr. d'Auziou thereupon pressed for a verdict for his clients, but the Court decided to adjourn in order that the evidence might be translated to the Japanese Assessor, for he did not under. sland Korean, nor did the other members of the Court na lensland Japanese,

MERCHANT SHIPPING ACT, 1907.

Following is the text of the not to amend seotien saranty-aight of the Merchant Shipping Act, 18, with respect to the deduction of the

taining the tonnage of a ship. spice occupied by propelling power in secer |29th August 1907

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this.

•

"Tell me how you like the privilege of orce again descending from a heights of Shake speare to the depths of melodrama

Why call thou doplás?" said Miss Collier,

Is it exacted by the King's moat Excellent Why not breath It in very road, thir Majesty, be and with the silvice and consent of work, and very delightful to me in conse the Lords Spiritual and Temporal, and Comxcites and interres me, it is 89-couter- mons, in this present Parliament assembled, and porary; I cannot, Fhink of a batter word. Not. by the authority of the ame, as follows;- along does it march with the Limos-it, šepressats.

the times. It is quick with life of the hour

Do you ever make your own gowns for the stage:

*

Mr. d'Anxion gave the complete facts ns-

1. The deduction nuder section seventy-eight stated in the petition and added that Mr. Chan of the Merchant Shipping Act, 1894 (in. This Korean official who went to 2hangbai, bad n

Aot referred to as the principal Act, for the anthority from the high officials of the Imporial specs cocupled by the propelling power of Treasury to sign the ontract on that basis, this ship shall not in any case excood fifty se per authority consisted of a letter written by Yu cont. of that portion of the touange of the ship Sin-ynee, General Manager of Es Ginseng which remains after deducting from the gross Department, and addressed to Chae, in which tonnage any deductions allowed under section Le says: I have talked over with His Majestyseventy-nine of the principal Act: Provided and the Ministers of the Imperial Treasury the that sale of the ginseng to Messe. Leh Tak Chong (a) This section shall not apply to steam ships of Shanghai; Lbay hare given me the crder constructed for the purpose of towing vessels so to inform you that the price, Y. 1,650,000 is long as they are exclusively employed us tugs zuitable, therefore, you are asked to sign, but if sad when pmployed for the carriage of Immediately a contract on that basis ibe money passengers, onrgoes, or stares, or using graving having to be paid in two instalments. The docks, or places provided for the repairing of contract having thus been signed, Leh Tak shong vessels the register turnage on which dues based Co. sent a parinor to Sasul for the purpose of paying the first instalment and taking delis ry of a certain qusutity of goods; but the representative could not approach any of the officials in Seoul, and he was told, finally, that the contract would not be carried on, the ginseng having been sold for the same price to another company.

on register tonnage my te levied by any harbour

Wel, no but I think could. I have a feeling, indeed, That were I presented with a long white dressing gown and a sufficient variety of sleeves and head-dresses I conti accurately represent the costume of almost any age or country. It is wonderful how much wa depend upon the arrangement of our hair, and how tempting it is to allow the modern note of becomingness to donirate resential historical accuracy.

"Which stage-drow bare you worn most thoroughly satisfying to your asthetic oals.

“Miss Collier considered a moment.

That of Athene, in Ulysses, Poroy An

It bad straight derson designed it for me.

a crimson pendant "But modern dress

or dock authority shall be ascertained in manuer white draperies and a gleaming cuirass and a provided by the blerchant Shipping Acts, 104 helmet gorgeous with to 1966, as amended by this act; and (4) This section shall not

davome into operation until the first day of January nineteen hundred and fourteen in the case of

"On, in modern dress I have an especial affection for a gown of shaded purples and green chiffons, whick I wore in The Eternal

the following abips (in this Act referred to as City" but really the part of my dearest de- Mr. Chat was called and to existing ships), namely, ships constructed, or light was Nanoy, in 'Oliver Twist, and sbe, anything of what we said by counsel, but said the construction of which has been commenced, poor dear, had no chance to respect her dress that be had received the order to make a before the first day of May ninetees hundred marker. But I loved her ragged old bodice contract with a firm in Shanghai; that, in his and seven, and ships a contract for the con aud palobed skirt and shawl and battered mind, that contrast was only provisional, and atruction of which has been made before the bonnet, ought to have been approved by the Imperial first day of

May

nineteen hundred and seven,

A stage picture which is impressed upon Treasury to become definitíve.

my mind for over is the one I saw last week~~~: Mr. d'Auxion-Did you tell the Chinese though the constraction has not actually com

Miss Brayton, as Ildico, in loss wonderful, firm in Shanghai that your Government had med before that date.

Nothing in this Act shall act any power blue draperies. alauding at the door of the mada, previously, a contract with the Mitsui Bassan Kaisha-No, I did not; the Chinese who aur dock or harbour authority bave under tent Did you notice what & blue it was?" Any Act or Order confirmed by Parliament or "Is the report true that you are going inte

·would not have bought the ginsong.

having the effect of an Act of Parliament to

If your purpose was only to find, as you say, a charge tonnage rates, dues, or charges otherwisanagement one day?"

suitable party who would be disposed to buy the glossng, why did you not get a simple promise to buy, instead of signing a regular contract?— Because the ginseng was in 6 very bad condi- tion and I was afraid that one the Chinese saw it, they would not like it, therefore made them sign a contract.

then on registered or register tonnage,

"Of course it is true, and of course it is untrue! What actress do not wish to, and 3-(1) Whare, in ascertaining the tonungs of bow few of us can? I know I should like to be existing ship, a deduction has been made for the head of a stock company, preaching Shake. speare all through the length and breadth of the space occupied by the propelling power of the ship greater than the maximam deduction and. I should love to play in small villages allowed under this Act, the tonnage of the ship and teach the people something of the greatest ahill, before the date on which this Act comes

an the

Did you sign the contract in your own name ima operation as respects that ship, besopher, the greatest poet, the greatest

or as representative of the Imperial. Treasury

F

As representatira. When the Imperial Treasury wrote to you, bidding you

to sign the contract, the officisin of that department knew how much the Chinese firm offered for the ginseng and in bows many --instalmenta P.----- I had let them know

beforehand,

-Yes

And the Imperist Treasury approved every thing ?—Yes, finally. But, anyhow, it was provided in the contrast that it should have to be approved by that department,

mere

22222

paychologist who ever lived, and I should like to recalculated on the basis of allowing the be able to do this regardless of any consideration maximam dedaction under this Act instead of of profit or expense. Bat that is a that previously allowed, and the necessary dream-at once an idle and an industrious alteration of the particular and certificate dream," of the registry of the ship shall be made and shali take effect on that date.

(2) The registrar of every port of registry shall make any alteration it the particulars of any ship registered at that port, which is required for the purposes of this section, and shall send now of the alteration so made to the managing owner of the ship,

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