1909-04-21 — Page 2

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INTIMATION

A. S. WATSON, &

LIMITED.

ESTABLISHED AD. 1841.

THE HONGKONG DAILY PRESS, WEDNESDAY, APRIL 21st, 1909.

corporal punishment, said experience com- pelled him to recognise that the present law had a deterrent and wholesome effect on old and habitual offenders and a decidedly deterrent effect on juvenile offenders. Our Yokohama contemporary when referring to the subject of Blogging said English cri- CO.minals are no longer flogged. That is not, we

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"UNDOUBTEDLY THE BEST BEER BREWED IN AMERICA."

Dr. F. Kramor, German Consul: General TELEGRAMS.

Seoul, and Madame Kruger, have recently, paid a visit to Mukden.

"Colonel" Bob Love, the manager of Harms- ton's Circan, who has been ill for sous time past at the San Lazaro Hospital Manila with hemor rhagio smallpar, in steadily improving, and is now thonght to be practically out of danger.

"

The Chambers of Commeres of Portland! believe, a strictly accurate statement, for the Judges still have the power to order whip. (Oregon), Tacoma, Spokane, and Seattle have pings and they exercise it when the decided to invite a number of representatives circumstances of a case appear to them to of Japanese commercial inforests to visit the warrant it. There is no very marked distine-United States this year.

[Protected by the Telegraphic Massage

Copyright: Ordinance, 1894.]

"DAILY PREIS. EXCLUSIVE SERVICE.] RAILWAY COLLISION IN JAPAN.

TOKYO, April 20th. Last night the Kobe Express Some time ago these crashed into a freight train which had stitating the Associated Chambersof the Pacific Cost, gave a similar invitation to the business when near Kawasaki Bridge, near men of Japan, Jint owing to the recurrence of Tokyo. anti-Japanese feeling the San Francisco Cham- bar withdrew.

SUPREME COURT.

Tanday, April 20th,

IN SUMMARY JURISDICTION. BEFORE A Honors Mr. H. H. J. GOMFELTZ (PUISNE JUDGE),

The action in which Man Les Chan and Co. sued the International Banking Corporation to reciver $840 alleged to be due in respect of a bank draft, agniu caine before the Court.

Sir Henry Berkeley, K.C, instructed by Mr. Oo Kong Sing appeared for the plaintiffs, and the Hon. Mr. H. E. Pollock, K.C., ju stracted by Mr. C. D. Wildason (of Messrs,

tion between the practice in Hongkong in / bodies and the San Francisco Chamber, conhecome derailed by the axle breaking Wilkinson and Grist) represented the defendant traced the draft. There were from 300 to 500

this matter and the practice at Home, though it is quite possible the percentage of cases in which floggings are ordered here is higher than the percentage in Great Britain. We notice that when Mr. DaDaBror was referring to a comparison of this kind in the course of his speech in the Indian Legislative Council he remarked: "It would hardly be correct to compare England with India, where there is not much of healthy public opiuion and social refinement, both being confined to the educated classes and professions." May not very much the same he said of the comparison between Hongkong and England? If a Judge of an Assize Court in England were to be con- freated with a long calendar entirely mule up of cases of armed robbery, such as Sir FRANCIS PIGGOTT had before him at the February Assizes here, wo ean hardly doubt that he would have taken

much the same view the punishment hest calculated to benefit the individual and to protect society. Criminals of this type cannot be said to have a self-respect that is outraged by the infliction of a flogging. One of the general principles" by which the Government of India were guided in amending the Whipping Act was that "whip ping is peculiarly suited to brutal, cruel and sordid offences involving personal violence." The Government regard whipping as an unnecessary punishment for offences that are ret of an activeand daring character, and they lay down that it is not to be inflicted when it is likely to outrage self-respect. Thess sra intelligible principles, and if they are now to India, it cannot be said that they are now to Hongkong. For our Yokohama contem- porary to suggest that there is no distinction in this matter between the practice of the

received. The draft was paid on January 6th, bat the Chinaman did not tell him the name of the drawing bank, the number of the draft, or the place of issue before he made the payment. The defendants received a letter from Mr. Otto Kong Sing, to which Mr. Brent replied. No notice in writing with roference to the draft was handed to witness. To trace this draft he would have had to go right through the register and the files. An index we kept in the registers with reference to the names of the drawers, but not with referenso to the aumes of the payees. If witness had been informed in this case that the drawers were the..... Bank of Hamilton, Vancouver, he could have drafts paid on the same day. The draft payable His Lordship thought it might be useful into Maa Lee Chan wes initialled for payment by The fireman of the freight train this case if he stated shortly his view of the law, the No. 1 Shroff. On being passed to witness It seemed to him when he heard the case ori e compared the amount with the book and was killed and the train itself over-ginally, before the pleadings, that it would be initialled it for payment. Witness did not turned into the marsh below.

dificult for the plaintiffs to recover as the connect this draft with the Man Lee Chan on Rocount of the great rush of

At that timo defendants were not acceptors of the bill, and one

his department was working until nearly midnight every night. Towards the end of January or the beginning of February Chinaman presented the second of exchange for payment, but witness wrote on it that payment had been made of the first of exchange. In passing this draft for pay- ment, witness acted in goud faith. The loss of a draft for £840, was not present to his mind at the time.

!

book.

:

Traffic on the Yokohama-Tokyo there was no entrust. As to conversion, the business.

A Ceylon resident, who has had a long conversation with Sir Patrick Manson about conditions of life in the tropics, writes at follows-Sir Patrick is very much down. on section is stopped to-day. the love the Englishman in the tropics has for exercise and says it kucoke them all up sooner or later. He says it is inherited from the old days whon people Blogged themselves because they thought it made hearen mow certain; now because they think it will keep them fit and people play games at the and of a day's work

well"!

The report of the Mercantile of India for the year 1908 states that the net profits, after pro. viding for bad and doubtful debts, and ineind- ing £24,601 brought forward, amount to £11,129. From this sum han to be deducted £16,875, amount of interim dividan, at the of 6 per cent. per annum, free of tax, on the "A" and "B" shares paid for the half-year onded Jase 3 The directors have added £40,000 to reserve fund (raising it to £250000) and £2,000 to the offlors pension fund. They now recan mend a farther dividend on the" A” and “B' shares at the rate of 6 per cent per annum, free of tax, for the second half of the year, leaving $25,379 to be carried forward. A year ago the dividends were the same.

The Nigpo correspondent of the N.-C. Daily Nowe mites-The departure of Mr. and Mrs. T. W. Lammert, on Friday, April 9, gave occasion for a remarkable demonstration of friendliness on the part of both foreigners and Chinese. For six years Mr. Lammert has been the Ningpo agent of Messrs. Butterfield and Swire, during which time he has gained the

respect and confidence of the astire merchants,

(REUTER'S SERVICE TO THE "HONGKONG DAILY FRESS"]

NAVAL ACTIVITY.

THE PREMIER'S

FEARS.

LONDON, April 19th. The Hon. Mr. Asquith, speaking at Glasgow, referred to Germany's activity in naval construction and hinted at the possibility of Germany developing an entirely new type of battleship vastly superior to Dreadnoughts.

DUTCH ANTICIPATIONS.

difficulty was that he could not see there was ay money of plaintiffs in defemilants' hands Since then had considered this case, and other cases referred to, and it seemed to him that there might be liability of the defendants for courersion of an instrument, whether or ot they had in their hands money of the plaintiffs. Inoue of the cases referred there was demand to deliver up a cheque which had been efused, but in this case there was nothing in the pleadings, or in the evidence before him, to how that a demand had been made to the de. fondant bank to deliver up the draft. ·

In-cross-examination witness mid that at the particular moment when he paid the draft he had quite forgotten that he had been written to by the Man Lee Chan and Mr. Kong Sing about it. He would not call it an act of carclessMÉS), as there was an exceptional rush of business et the bank owing to Chinese new year.

If be

Sir Henry Berkeley submitted that the defendants were not protected by the Statates because the bill that they paid did not, en son had bren able to trans the draft, he would have lace of it, parport to be endorsed by the porzon then whose fawne it was drowa. The bill was drawn in English, and wade payable to the firm with the name in English Man Les Chan and Co."

His Lordship-Probably that is the only way it could be drawn in Canada,

a

LONDON, April 19th. Queen Wilhelmina attended service at the Palace Chapel yesterday morning, and walked in the garden. It is semi-officially explained that extraordinary preparations announce made to the birth during the past fortnight were necessary owing to the possibility of surprise.

and, by his genial courtesy, the goodwill and

This is regarded as indicating that friendship of the foreign residents. Harmony and confidence--the essentials of a succesful the accouchement is not quite merchant's life in China-wete marked charac

A. S. WATSON & CO., Chinese Courts and the Courts of Hongkong is too gratuitous to call for serious notice. LIMITED,

To say, forsooth, that because our Hong kong Courts recently inflicted the praisthey displayed their goodwill by saluting the ment of flogging on seven desperadosa con- victed of armed robberies, that, therefore,

THE HONGKONG DISPENSARY. Hongkong, 1st April, 1909.

(29

NOTICE TO CORRESPONDENTS. ONLY communications relating to the newes Numm should be addressed to THE EDITOR.

Correspondents must forward their names and addresses with dominunications addressed to the Editor, not for publication but as cvidence of good faith.

All letters for publication should be written on one side of paper only.

No

anonymously signed communications that have already appeared in other papers will be

inserted.

we have no right to preach reform to the Chinese: no right to attack them on the ground that their laws are bad and their judiciary worse, is the reductio ad absurdam

For altering the water service in the Western Market, a Chinaman was at the Magistracy yesterday fined $209. `-

On Thursday night Dr. Lau Lai will deliver

Orders for extra copies DAILY PRESS a lecture at the Chinese YMCA on the should be sent before 11 a.m. on day of publication. After that hour the supply subject "Prevention of Malaria and kinured

limited. Only supply for Cash.

Telegraphie Address: PRESS.

Cadet A.B.C. 5th Ed. Lieber.

P. O: Box., 34. Telephone No. 12. HONGRONG OFFICE: 10A, DES VEUX ROAD C LONDON OFFICE: 131, FLEET STREET, 20

The Daily Press.

Direason."

The Y.M.C.A. annual "Library Concert" is announced for Saturday evening. May 1st at the City Hall. The concert enjoys the patronage of H. E. the Governor.

-

Senator Stone of Missouri has introduced bill in the United Stater Congress providing for anconditional free trade between the Philip- pines and the United States and for the independence of the Islands at the end of fifteen years 1924.

We observe that notices printed in four languages-Chinese, two Indian languages and English are now posted throughout the Colony repeating the pablis not to spit on the sidewalks

Please do not spit is the leading which arrests the attention on the notice in English.

HONGKONG, Aram 21sr 1909, We drew attention about a month ago to comments in two of our Japan contempor aries deprecating the punishing of criminals by fogging in Hongkong. It was remarked by the Japan Mail that the practice" goes on without interruption " in the Colony-ap observation which might give to the readers. of our contemporary in Japan the idea that our Judges habitually order this form of punishment, while, as a matter of fact, they do so but very rarely indeed. We are reminded of these comments now by noticing in our Indian contemporaries the report of

A special weeting of the Sanitary Board a discussion which has recently taken places held yesterday for the purpose of consider in the Legislative Council at Calcutta on air the question of declaring No 12 slied of the Bill to amend the Whipping Act in the Dairy Farm Company's premises at Bassoon's direction of mitigating the severity of the Villas. Pokfulam Road, to be infested with pusishment. It would apparently be car-rinderdcat. The necessary motion was carried rect to speak of the flogging of criminals

The Hippodrome Circus, which was expected

The theft of rails menticual yesterday is more extensive thus was at first, thought. As much as 1.000 feet of iron rail were taken from the eastern end of Kennedy Bad, and this is estimated as being worth $300, A similar theft is also reported from Conduit Road.

teristics ni Mr. Lammert's relationship with the Chinese throughout the whole period of his residence in Niugno. In truly Chinese fashion departing stomer by firing three to four hundred bombs, and sixty thousand crackers!

imminent.

THE TURKISH TROUBLE.

4

Why did you not, when you received Mr. put a mark of cuation in the register. Kong Sing's letter giving you the amount of the bill, make a mark in the register P- Because I couldn't trace the draft in the register.

Is pot the name Man Lee Chau in a letter of

advies you received from Vancouver ?—Yes.

You said had you been informed that the

Sir Henry Berkeley thought it was probably the only way. The only proper endorsement which could purport to be that of Mau Lee Chandrawer was the Bank of Hamilton, you could. and Co. would be the words "Maa Lee Chan have traced the bill?-Yos and Co." in English.

His Lordhip-And you say that if the bank took any other endorsement they did it at their own risk?

a

Sir Henry Borkeley-That is what I submit. proceeding, Counsel submitted breadly that

favour of the bill drawn in English in payee, whose name appeared in the body of the bill in English. wes not properly endorsed in Chinese. If it would be pro. perly endorsed in Chinese, the onus lay upon the bank to show, that the endorsement in Chinese characters truly represented the name of the payet. So far as the evidence had gone,. the plaintiffs declared that the endorsement "Man Lee Chan Sing Kee," did not represent the Chines equivalent of their name in Eng

There had been no evidence to the

contrary, and the Court must therefore accept that. His Lordship would remember that Counsel had addressed him on the question of

LONDON, April 19th. Consular telegrams from Aleppolish. At the invitation of the senior pilot of the ports state that twenty people have been Capt. A. J. Philbey, who had specially hired the stean-launch Shunning, a large company of killed in Marash province, foreign and Chinese friends escorted the steame Lita to the month of the Ningpo river, where a final fusillade of Chinoso crackers conveyed best wishes for a safe voyago, and a pleasant and happy farlough in the Holand

LAWN TENNIS.

Captain Beasley and Captain Brierley yester day evening renewed their inssle for entrance into the final of the champisnship. The game however did not prove so interesting as was expected, Captain Brierley failing after the Arst net. The former won by 4/6, 6/0, 6/1, 6/1

C. C. Hickling (owen 30) beat A.0. Brawn. (owed 15/4) in the omni-foal of the single bandiay "B" clasa 6/3, 9/1

WORLD'S LARGEST FARM.

BOVEIL'S 14,470 SQUARE MILE ESTATE, The purchase of Mr. Sidney Kidman's enor mnous screage of Australiax pasture land by a new company called Pavril Australiau Estates, Limited, is the sensation of the moment in

financial circles,

The area of the property acquired is more than 14,470 square miles, situated in the northern territory of South Australia, and the Kimberley district of Western Australia. The purchase also includes cattle to the number of about 100,000 bead.

Some idea of the extent of this immense estate may be gathered from the fact that it is equal to about one-fourth, the area of England and Wales Phere are no fewer than 9261,400 acres.

The Aleppo Young Turks have taken possession of £60,000 of Government funds at Salonika.

#

JAPANESE PRINCE IN FRANCE.

LONDON, April 19th. President Fallieres has received Prince Nashimoto.

TURKEY AND BULGARIA. LONDON, April 20th. The Agreement between Turkey and Bulgaria has been signed. RUMOURED ABUIGATION OF THE SULTAN,

LONDON, April 20th. The utmost excitement prevails at Constantinople over a rumour that the Sultan has abdicated and has taken refuge in the British Embassy.

There are now 30,000 troops at Hadenkoi, and it is expected that the enveloping movement will be con- pleted to-night.

I put it to you that in your letter of advice you were distinctly told that the drawer was the Bank of Hamilton-That is 83, bat we got

another 200 similar sheets by the same mail..

I suggest to you that yen would have looked

up the advice if it had been a European client

-Certainly not.

As a matter of fact you had this information, but it was too much trouble to inform yourself of t-Not too much trouble; teo

་

mich

business.

You cannot say it was physically impossible? It was physically impossible for me to do it.· You are not the only one in the bank? That is 8.

Iput it to you that it was not physically impossible for the International Banking Cor portion to have informed itself of the

cesary particulars after getting nutive from the Man Lee Chan and Mr. Kong Sing A elerk was detalled to try to find the draft, but

was unable to do so, being very busy at the time.

When you passed this bill for payment, a for as you could see thors was no endorsement. by the pages on the back of the bill ---That is so.

bona fides, and thist Mr. Pollock had suggested element of good faith did not enter into the that as far as Statute 7 of 1907 wont, the -consideration thereof, but that it was confined to section 60 of the Bills of Exchange Act. That, he submitted, was a contention which could not be supported. A banker who paid a bill within a few days, almost hours, after hay. ing been informed that that bill was stolen, should not be held by the Court to have soted all

The fact is, you trusted to your compratore, who is guaranteed R--Yes.

Which leads, perhaps, to relaxation of vigilance and diligence on your part. Not at

Tho No. 1 Shroff of the defendant bank was in good faith in the ordinary course of his business within the meaning of those words as called, and gave evidence regarding the eximin-

as gooding and initialling of the draft in question. used in the Statute. Inasmuch

After Counsel had addressed the Court, his Lordship reserved judgment.

Tuesday, April 2014.

A MISPLACED TULO..

A beatwoman was prorocuted by Constable Adams for failing to keep the yule of her bost out of the water and rigged so as not to project outboard whilst alongside the Prays,

His Worship imposed a ine of $10, or one month's imprisonment.

A MISSING LIGHT.

faitli was essential to protection under the Statutes, this bank which paid the bill under the circumstances detailed to the Court should not be protected. They refused to MARINE MAGISTRATE'S COURT. pay the slightest attention to the owner, and a fow days afterwards they paid the money to a thief. After the bank had got notice from Mr. Kong Sng, when the bill was presented they BEFORE COMMANDER BASIL R. H. TAILOR,

R.N. MARINE Magistrate). should have made some arouse and sent round and informed Man Lee Chan and Co. that the bill had been presented. Man Lee Chen would base followed hot foot, and the thief would have been arrested. If his Lordship should fod that the bank were protected by the Statutes, then Counsel would submit that they were liable in conversion, or for money had and received for plaintiff' se If the defendants were liabis in convarain, then they were liable to the plaintiffs

For failing to exhibit a white light on her. for the bill or its value. If the bill had been received by the plaintiffs and taken to the In-apan whilst at anchor within the waters of the ternational Bank, and the bank refused to pay Colony, his Worship fixed a boatwoman 310, or

one month's imprisonment. it, plaintiffs would have had no case to sue, but ON BOARD WITHOUT FRBMISSIÓN, ho submitted that the fact of their paying the

A fireman from Yaumati was proceeded WARD COMEDY COMPANY.

bill made all the difference. From the facts The Banouncement that Miss Ruby Baxter before the Court, his Lordship must draw the against by Lance-Sergeant Edwards for being

of the masher or other officer in charge. would appear in the famous Salome Dame" inference that the bank did admit that it had on board the s.. Silesia without the permission His Worship imposed a fine of $15, in lefault For the defence, Mr. Pollock called Mr. F. Sve weeks' imprisonment with hard labour. was asuficient inducement for the large andisice funds to pay this hill, because it did pay it. at the Theatre last night to view her inter pretation of this classical style of dancing of Clarke, cashier in the Hougking office of the which the famous Maud Allan was one of the International Banking Corporation. He was first exponents. But apart from this special the offer who sanctioned the payment of drafte attraction the farcical comedy" Brown's in drawn on the bank. The endorsements on Town" was well worth seeing. The piece has drafte payable to Chinese were examined by one of the shroffs. Witness remembered a Chinese fund of humourous and amusing situathas calling at the bank sometime in December last

Captain W. Cooper of the 8.8, Tak Hing and the undience' evidently vastly enjoyed the production, judging by the hearty applaase, with reference to a draft for 8840. The caller proceeded against the Tai Wo Company, owners said the draft was payable to Mau Lee Chan, of the licensed conservancy boat 1097, for allow

to obetract the "One of the principal objects of the company M Ward as Primrose was an ideal coon

was asked to stop payment, but On Wharf in such a manner de

Tree access of the steamer Tak Hing. an-Express representative was told, is the servitor with a high sense of proprsty, but that it had been lost or stolen, in the posting their vessel to anchor too close to the Ping development of a new source of supply in and Suzanne Dacre's (Miss Grace Palota's) Australasia for Bovril, Limited."

Inquiries by au Express representativeshowed that the board of the now company is partied Iarly strong. The ave directors are as followe

Lord Brasscy The Hon. H. Rasen (Agent General for

Western Australia)

Sir Edward H. Wittencom, K.C.M.G, (ohair man of Local Board of Advice of Dalgety kud Co.)

Mr. Sidney Kidman. 1r. M. C. Thomson (director of the Colonial onsignment and Distributing Company, Limited).

Bovril, Limited, have the right to nominate an additional director, and the agents for Australasia are Dalgety and Co., Limited.

All the directors but cus are experts in the pastoral industry, and Lert Brassey's presence on the board is due to tho. strong interest of the enterprise.

Witness

was

TOO MUCH WHISTLE, The master of the licensed steain launch arraigned for blowing the Bailey steam whistle of his vessel other than for the The fine imposed was 820, the alternative, six geeks' imprisonment,

purpose of navigation.

THE TAK HING" COLLISION.

as a "practice" in India, and it is noteworthy to have opened in Hongkong a fortnight age, is that the Indian members of the Council act due here nutil next Abonday or Tuesday. spoke strongly against the Government The circus did so well in Saigon that the measure to limit the powers of the Courts management was induce to prolong the stay in in this direction. Giving way too much that city, and regret having had to disappoint to sentimental objections" were the words their Hongkong patrons, used by Mr. DABABHOY, while the Nawis

A remarkable coincidence is reported in con- OF DECCA urged that the hands of the nection with a case which is at present in the magistracy ought to be strengthened rather hands of the police chair coole was

The estate parcbased is Mr. Sidney Kidmanpostulations and donanciations at Dick said he wanted the number of the tiraft, the Mr. P.8. Dixon (of Mr. R. A. Harding's office) than crippled and he desired to record his arrested for being in unlawful possession of a "humble at the way this piece of silver cigarette case inscribed "Presented to name of the drawing bank and the place of

under the assumed name of Mr. Brown) were issue. When the Chinese called later on the Harris (of Messa Wilkinson and Grist) for the C. 8. Wade by his colleagues st Dick, Kerr and

After hearing the evidence his Worship found legislation has been virtually forced upo Co's, Preston." Shortly after the fact was fourteen the "Australian Cattle King," as very amusing. The play was founded on the same month witness advised him to communicate defendantes. the Government at the instance of irms announced, a gentleman arrived at the Contral he has been known for years past, was carning complications which had arisen through the with the drawer, who would communicate with that the junk was lying off the wharf in such a ten shillings a week as a cowboy. At fifty-two marriage of Dick Preston without the know the drawing bank, who in turn would communi- manner as to abstract the free access of other ponsible members of the ultra-Radical Police Station and stated that the owner was he owns more of the British Empire than any ledge of his father (Mr. Robert Greig), and cate with the bank here. The drawers wrote vessela; that was to say, the lines to her anchors a letter to the bank here but it was received caused such obstraction. He would convict the" party in the House of Commons Mr. absent in Japan but he could identify the sigarette other man. His holding of Australian pastars the scene where everything is discovered is DADABHOY, while proclaiming that his case as he was present at the presentation in personal feelings were against any system of Preston. The hearing of the ees takes place Australian Estaten, nearly 50,000 square milis

at the Magistrany to-day.

estate in the world.

was, at the date of the purchase by the Bovril decidedly funny closed with the Boma ilong after, the draft had been delivered. Ne defendant, and impose a fine of $10, in default,

in extent.

The perforUARDO

dance which was greatly appreciated.

telegram corresponding with the letter was

one month's imprisonment,