1909-06-10 — Page 2

2

A S.

INTIMATION

WATSON & CO. Colonial Bible receives a rude shock.

LIMITED.

THE HONGKONG DAILY PRESS, THURSDAY, JUNE 10TH, 1909. The Bandmann Opers Company arrived in TELEGRAMS.

the Colony yesterday by the P. and 0. steamer Dovana, and there can be no doubt that the morry little mutils nitracted much attention. They open a season at the Theatre Royal to-night with "The Gay Gordóns," a pinturesque piecó which has been exceptionally popular at home, and the popularity of which the Bandmann Oners Company are maintaining in the Far East.

[Protested by the Telegraphic Message Copyright Ordinance 1894.]

JAPANESE ROYALTY IN

LONDON.

title to sue on the agreement in question either in bis owa right or as Governor of the Colony, delivered an interesting little bomily "for the guidance of the Executivo," and criticised “* most adversely " not a few lines of Governmental preceduro. Even our faith in the Government Gazette as a sort of We seem to have some recollection that not long ago, the Hop. Colonial Secretary was

LONDON, June 9th. laying the flattering unction to his soul

The Japan Society has held a that he was the Editor of "the most import-sterday when Mr. F. B. L. Bowley, Crown Garden Party in honour of the visit ant nowspaper in the Colony." No one.

Indies Government for hisextradition to Batavia. of Prince and Princess Nashimoto to ventured to dispute the claim, and local The defendant is wanted in the Dutch Indies to London. WINE AND SPIRIT MERCHANTS journalists welcomed the Colonial Secretary answer a charge of embezzling 7,000 guildors. to their ranks, We are sorry to see that The Consul-General for the Netherlands in the Chief Justice has not only thrown some doubt on this claim of the Colonial

JESTABLISHED A.D. 1841.

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WHISKY

A BLEND OF THE FINEST PURE MALT WHISKIES DISTILLED

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Leopold Fischer, on remand, again appeared before Mr. J. H. Kamp of the Magistracy

Solicitor, applied on behalf of the Netherlands-

Members of the Diplomatic Corps,

South China testified to examining transistions the Rt. Hon. R. McKenna K.C. of the evidence from Batavia. On comparing (First Lord of the Admiralty) and

Literally correct. The houring was further adjourned.

SUPREME COURT,

Wednesday, June 9th.

IN ORIGINAL JURISDICTION,

BEFORE THE CHIEF JUSTICE (BIR F. PIGGOTT).

ACTION FOR CRIMINAL CONVERSATION, Judgment was delivered by his Lentship

and on behalf of the Governor of Hongkong, for the addition amounts to nothing, and cannet, invest Sir Frederick Lagard with a right which he himself does not possess, I must therefore treat this as an action brought by Sir Frederick Lugard to enforon cause of action, whiob, If it existe at all, exists in him personally, though as his title to the petion asserts rights, which would result from a judgment, they would not be his per-

makes it remarkably plain, so plain that

од 1 point of Inw rajganj the sonal rights, but would be obtained by him for action brought by Thomas Alexander Mitchell and on behalf of the government of the Colony. against John Lemm for criminal conversation. Sir Henry Berkeley, K.C., instructed by Mr. Deacon, appeared for the plaintiff, and Mr. M. W. Slade, instructed by Mr. Harston, appeared for the defendant.

Steavenson, of Mosers Deason, Looker and

After explaining that plaintiff brought the present action on the same tarms as the previous ono, and stating, that defendant claimed that the matter was res judicata, his Lordship dealt

. A careful study of the ordinance.

the wonder is that it should have been s

The Governmout had this large scheme on hand and had deter mined to undertake it provided those who would

misunderstood.

Secretary, but has further expressed the them with the originals he found they were many other prominent people were with the authorities covering the case, and in had somo share in the land reclaimed. What

opinion that not everything that appears in the Government Gazette can be received as gospel. The Chief Justice tells us that the Gazette is "generally in charge of the Assis tant Colonial Secretary or sometimes of a | chief clerk," nad yet the Evidence Ordnance simply makes anything which a junior officer chose to put into a notice in the Gazette prius facie evidence." This was one of the things which His Lordship the Chief Justice could not pass over "without

has just been appointed colonel of "The Buffs," in succession to the late Lieutenant-General Sir Julian A. R. Raines, G.C.3. passed all bis regimental career in that distinguished regi.

Major-General Frodorick T. Hobson, who

ypt, entering it so far back as the your 1857, and eroztually attaining to the confmand of the

present.

INTERNATIONAL HORSE- SHOW.

LONDON, June 9th. 2nd Battalion, then at Hongkong, in 1883. He the International Horse Show at the The French have won the Cup at

absequently commanded the Third ("The Bafts) Regimental District, Canterbary, 1887. Olympia.

92, and from. 1897 to 1902 he commanded the

conclusion said:-Those cases proceed on an accopied principle, that so far as the law is con. cerned rights do not exist until they are ascer tained, and determined by such ascertainment; and although the rights may have bòou in ex- istenco for a long time, yet for all fegal pur- posos, unless the decreo ascertaining them

Acts of the parties may of course take the place otherwise orders, they are not acquired until a decree prenounces in favour of their existence.

directly benefit from it would bear the cost- And the rotult of the preliminary negotiations was that the majority of the frontagers were willing to accept this bonefit provided they sach

share? Well, the Governmeal could not say definitely, because the scheme was still in embryo; so they said

if you contributo your share of the expense individually you shall havo -what

any. .0310 would

think was your proper share having regard to the public requirements for roadways and

majority of the frontagers in favour of the streets; and of course haviny regard also to the claims of other lessces. With the

| criticising most adversely." During the troops in Ceylon with the rank of major general, AUSTRALIA'S DREADNOUGHT. principle to retronetivo legislation is established expropriation so far as the minority was con-

to which hi. was promoted in the first-mentioned year,

With the gallani "Buffs" he went through the China War, 1860, including the

hand-to-haz) fight with the hordes of Chinese

LONDON, June 9th. The Imperial Government has

of a decree ascertaining the right, if they are

sobeme the Government decided to proceed, and sufficient mul effective. The application of this

determixed on what was, no doubt, forcibla in these cases; it altars the rights which the cerned. After referring to the circumstances persons affected had before it was passed, and at the passing of the ordinance his Lordship con-

ac-rights already acquired, that is, determined; they may enforce them; but it does not affect and this simple explanation is sufficient; the

on the plains of Siche; the action of Tangkhu, cepted the Commonwealth Govern. and the assault and capturo of the Taka Forte ment's offer of a Dreadnought. (medal with clisp).

time Sir FRANCIS PIGGOTT has presided over the Supreme Court of this Colony, he seems to have found not a few holes in our local ordinances, due to bad drafting. Another case in which his lordship delivered a judgment yesterday had reference to rights destroyed by an error in the drafting of an

The Rev. F. B. Meyer arrived by ss. Deranha ordinance, an error which has since happily yesterday morning from Singapore, where he been repaired. In the cass in which the

has been conducting a very succssafni serías of Government is suing for "specific perfor- meetings during the last 10 days Night after mancs of agreements in respect of reclama. night the great Theatre has been orowded and tion lots it does seam oxtraordinary that a doop impression made. The Bors. C. H. Hick- the agreements were not drawn up in &ling, I. Gewähr and Mr. T. M. Elliot welcomed.

BULL DOG BRAND manner which would have given the Governor of the Colony for the time being right of action in the Courts to

GUINNESS STOUT IN PINTS AND SPLITS.

A. S. WATSON & CO..

LIMITED,

ALEXANDRA BUILDINGS.

Hongkong, 26th April, 1909.

ין

[29

·NOTICE TO CORRESPONDENTS. ONLY communications relating to the news column should be addressed to THE EDITOR.

Correspondents must forward their names and adtreases with communications addressed to the Editor, not for publication but as evidence of good faith.

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

enforce them. But, as we have already mentioned these agreements were made a long time ago, and it is permissible therefore to hope that things are not done sit differently now-a-days.

The Hawke, oruiser, Captain H. D. Wilkin,

arrived at Portsmouth with relieved crown from China station on May 13th.

A m

Three fatal cases of plague, all Chinese, were reported yesterday. Two were from the city of Victoria, and one from Reclamation Street, Yaumati.

Major Menzies, of the South Lancashire Regiment, who has spent many years in China. has just left to undertake an official position nudor the Chinese Government. He is to roorganise the police in the Nanking Provinces,

A native appeared before Mr. F. A. Hazeland No anonymously signed communications that at the Magistracy yesterday on the charge of have already oppoured in other papers will be trespassing on Army Ordnance property. His inserted.

Orders for extra copies of DAILY PEES excase was that one of his fowie flow on to this should be sent before” 11 a.m.

on day of property and got lost in the bush. While search publication. After that hour the supplying for it he was arrested. His Worship limited. Only supply for Cash,

Telegraphic Address: PRESS. Codas: A.B.C. 5th Ed. Lieber.

P. O. Boz., 34. + Telephone No. 13.

DEATH.

At the Civil Hospital, on 9th instant, Dr. WILLIAM BUNTER, Government Bacteriologist.

The funeral will pass the Monument at 6 pm. this evening.

[581

HONGKONG OFFICE: 101, DES VEUX ROAD C LONDON OFFICE: 131, FLEET STREET. EC

The Daily Press.

∙HÒNGKONG, JUNE 10TH 1999.

In delivering judgment yesterday in an action brought by the Government against a frontager on the Praya reclamation, His Honour the Chief Justice made a few canatic observations on the actions of past Govern ments which will be read with keen attention

are

imposed a fine of $5", the alternative being two months' imprisonment.

Before Mr. F. A. Hazeland at the Magistracy yesterday, alhinese boatman named Wong Fuk, was arraigned on the charge of stealing a log of teakwood weighing about two and a half

hundredweight. The defendant stated that the wood was carried alongside his bout by the tide. An Indian asked him to pick it up He did so, took it ashore, and was arrested. The Indian told the Court that he saw the defendant lift the log of wood on his shoulder and walk off. His Worship did not. believe this, and discharged the accused.

The annual report of the directors of the

Shanghai Mutual Telephone Co., Ld for the Pear ending 31st March, 1909, shows that the amount available for appropriation is Tacla 47,934.97. Of this amount it is proposed to pay a dividend of three tasks per share, thu absorbing $43.620. Directors' fees will account for another $1,500, and the balance $2,624.97.

oils; and the directors are of opinion, hav regard to the depression in trade, that the increase of subscribers may be considered as atisfactory.

not only by those whose interes s will be carried forward to next year's account. directly affected in any way by reclamations, The report further states that contracts cover "hut by the public at large. A criticism of ing a thirty year franchise, on satisfactory terms, have been concluded with the two Coun. Government action by the Chief Justice of the Colony is noteworthy beause of its rarity, though since Sir FRANCIS PIGGOTT has occupied the position of Chief Justice the public has been treated more than

Singapore papers announce with regret the to a few candid criticisms.

death of Mr. William Henry McLeod Read, judgment delivered yesterday there is some CM.G., which took place at Blackheath at refreshingly vigorous language and fine Les, B. E., on May 10. Mr. Road, who may fitly sarcasm which if it could only come undor be termed the Nestor of Singapore and the the eye of the officers of the Government Straits Settlements, for long us the oldest responsible for the actions referred to, ought Straits inhabitant can remember, was in his to make them aquirm. But the story is 91st year. It is enrious to note that he was an old one and the blame does not born in London on February 7, 1819, within a

ouce

Io the

may

over by the Rt. Rev. the l ishop of Victoris It

WIRELESS TELEGRAPHY ON THE BRITISH COAST,

LONDON, June 9th.. The Admiralty proposes to take

the gentleman, who seemed in good, henlth and over the wireless telegraph stations had enjoyed his voyage. At a Committee meet on the coast and to establish others hold immediately on his arrival, presided at strategic points, keeping them open, was arranged that the meetings should be held however, for private uso. as follows: Thursday, Friday, Monday, Taos- day, Wednesday and Thursday afternoons at 5.30 p.in. open to all; each evening, except Saturday, meetings for men only. All the above - meetings to be held in the City Hall. A great mass meeting has been arranged for Sunday night in the Theatre, open to all.

IMPENDING DEPARTURE OF THE

COLONIAL SECRETARY. The Hon. Mr. F. H. May and family are expected to leave by the next P. And O. all for England. The Colonial Secretary is returning home on leave, and a number of friends assembled at Government House last night to bid him farewell, His Excellenvy the Governor giving & dinner on the eve of his departure.

A FATAL COLLISION.

VERDICT OF MANSLAUGHTER.

THE GERMAN NAVY..

LONDON, June 9th. The Berliner Tageblatt " sintes that the next German Navy Estimates will show a considerable increase for the maintenance of the Reserve Fleet, and now proposals for the accelera- tion of the construction of fast hat. tleships will be made in 1911.

SIR CLAUDE MACDONALD.

person who has acquired them acquire: thom nader the low as it existed at the time, and there is nothing left on which the new law can operate the question is, in fact, decided, and is

ren judicata. It certainly requires expires words to canect or destroy rights which have already been determined and sequired.

In coming back to the facts before me, I first repeat the questions which I have already put,

based on the standard cases on res judicate

Was

raised the question that the original compact on tinued: Suppose in fact that-some or many had

which the ordinance was based, that the division was to proceed on the principle of equitable- there be any doubt that they would have been propertion, had not been momplied with, can entitled to be heard? Assuredly not. They could not bare protested before the ordinace was passed because the plan was not in existence. Having had much practical experience in suck matters, I say unhesitatingly that a Government would be mad which insisted on pressing

the former judgment of this Conft on the through a scheme such as this if it had boon merits of the issue raised in the probext action challenged as being a breach of their original between the parties? The answer must be undertaking by those with whom the undertak- "No." What then did that judgment decide? ing was entered into. Fortunately nothing of That the right of action for criminal the sort happened, and so far no one can judge conversation Wa Mon-existent when the the adherents soem to bare been satisfied that alleged adultery took place, because it had the Government had kept faith and that the been destroyed. That cannot be pleaded as res proportions allotted to each were equitabla judicata in this "action, the basis of which is from the standpoint of each.

There is no that the destroying Ordinance has itself boonevilence that such

was the case,

but destroyed, its effect wiped out, and everything it might be well that this very question declared to be and to have been just as it was which is raised between non-adherents, should before the Ordinance of 1895 was passed. I have been raised among adherents; and I have now put the question which results from the no hesitation in saying that if the question three cases which I have just examined. Did whether the complete ignoring of back section the defendant acquire any rights by that judg. holders had been so raised they would have been ment which are in issue in this action? If he entitled to a patient, hearing and further that if did, alike on general principles as laid down in there had only been one without prejudice to the these cases, as on the effect of repeals as laid down rest of the scheme proceeding, he would have in the Interpretation Ordinance, and which of been entitled to have the question, which is course apply to this Ordinance of 1998, those raised in this sotion, very seriously considered rights would be respected, and the matter would by the Government, and if necessary, by the be res judicata. But the caly right which he law officers at home. For I wish to say this. could be said to have sequired was not to be at once: That is a very sorions question, vezed twice for the same cause, which is turning and one not to be B-0 easily assumed the argument in upon itself; it is petitio adversely to the back section hollers principi, and only raisesagain the very questions soms to have been done by the Government in which I have been discussing in order to this case. Referring to the judgment of his ascertain whether they exist or not. The only learned predecessor, who said that "equitable other possible right which is perceptible as proportion" meant so much as a court of equity haring existed during the period 1895-1508, i would give, his Lordship said the Government to have criminal conversation with another ought to have treated the protest they had man's wife with impunity. Such was the received with le scant courtesy than they LONDON, June 9th.

law then, and it has now been declared by the did and a timely reference to the law officers at It is stated in New York that Legislature that it is to be deemed not to have home would have svod this troublesome and shat the collision occurred at 2 sm on May 15th, President Taft will veto the Tariff Bill been the law. I am therefore of opinion that from very costly litigation. The Government hai His vessel was at anchor near Shauki wan at the unless there are radical changes. Hea fact this defendant did have criminal converen was manifest, and an amending ordinance ought all points of view that plen fails. Whether as begun by ignoring its own ordinance. Its duty time, and his family; including deceased, ware is particularly irritated over the cotton tion with the plaintiffs wife, as is alleged, is a on board. When witness heard the nalee made

to have been passed immediately giving the Government and the losses further time, to by the approsohing launch he gross, but just then schedules.

settle differences. He had been trained in the the vessel struck the fishing host and capsized it. Witness dived from beneath his boat and

strictest school of constitutional law, more especially in its application to Crown Colonies; called out "savo life." The crew of the launch did not offer any assistance, but stoomed

legislature had been provided and the rights A leture on Wellington was delivered at Road, was defendant. The action was for of that legislature must be respected even straight on.

Assisted by other boate crows, 11.30a.m. yesterday by Lieut. Simmonds R. A. the specific performance by the defendant in the smallest detail. Further, in this case, witness succeeded in rescuing all on board with at Victoria School to the senior pupils of of an agreement dated 19th December, 1989; with and the greatest ofremspection was the rights of individuals were being dealt the exception of Lo Kem Tai, who was under the Kowloon and Victoria Fchools. the upturned craft. His young son, who was B.. James, Head Master, in introducing with the Governor of Hongkong, for the and its officers that everything should be

Mr. whereby Chu Chuen (now deceased) agrood

necessary on the part of the Government on board at the time, died on the same day at

LONDON, June 9th. Sir Clande Macdonald, H.M.'s Ambassador to Japan, has arrived in

At the Magistracy yesterday afternoon before Mr. J. H. Kerap, sitting as coroner, and Messrs. London. T. Hunter, & van Ginkel and A. F. Warzsek, jurors, an inquiry was held into the cirvan- stances of the death of a Chinese boat girl named Lo Kam Tai, who was drowned through ́sz. unknown launch selliding with, and capsiring the boat, on which she was sleeping.

The master of fishing boat No. 3238 stated

the French Convent.

His Worship informed the jury that in the case of the second child, a doctor certifed that he had died from bronchitis.

THE U. S. TARIFF BILL.

VICTORIA SCHOOL

**

question still to be decided.

THE GOPEENOL AS PLAINTIFF,

His Lordship gave his formal judgment in the action in which H. E. the Governor was

plaintiff, and Cha Ping, of 313 Das Voeux

the lecturer, stated that Lieut. Simmonds consideration therein mentioned, either to done regularly. He had no notien of a had offered a prize for the best essay ro resign an equitable proportion of the re Government passing an ordinance and then salting from the lecture. At the conclusion of clamation to Marine Lot No. 536, or to pay acting antocratically as if no ordinance had been the lecture, Lifeat. Colonel Chapman addressed the pupils and informed them that he had per Section B. and D. of the said lot. The plaintiff learned predecessor in his judgment in the an, equivalent sum of money to the owners of passed and doing what it thinks fit. His Witness, proceeding, said his vessel was sunded the Head Martor to give them a half also asked for the specific performance of Fall Court said: "The Crown, could, however, not anchored in the track of any launches, holiday and also that it was his intention to second agreement dated 24th July, 1903, for I presume, by its representative, allow the or near any wharf. Another boat was anchored give a priso for the second best essay. After certain declarations, and for costs. alongside his, and both vessels were struck the National Anthem, cheers for the lecturer Both boats had lights at the stern which showed and Col. Chapman, an adjournment was made above the hoods. Witness trimmel and lighted to the woods behind the school, where an exhibi his latop, and it should have burned all night. tion of Baden-Powell Boy Scouting, in which The only light witness saw on the launch was both schools took part, was wituessed,

the stern.

the

agreement to be entered into after Denays, took the place of the Hon Mr. B.E not under its statutory authority." With Bir Henry Berkeley; instructed by Mr. three months under its general powers if

the plaintiff, and Mr. M. W. Slade and Mr. GC. ed passing by the provisions of an ordinance-did Pollock, who formerly conducted the case for much respect such general powers which involv-

1 Alabaster, instructed by Mr. Godge, of Messrs not exist. For further guidance of the Execu Johnson, Stokes and Master, appeared for the tivo, he thought it advisable to correct such a defendant.

misleading impression, which sees to have Lordship said: The preliminary objection bad went thought they were achieving by dating In the course of a lengthy judgment his prevailed in the colvay, and what the Govern-

been taken that. Sir Frederick Lugard had no the agreements and getting them signed by right-to-bring the action. The position was the land officer within three months and not this: It may be that the Government is to be by the other parties, more especially when the ultimately benefitted by the agreements entered other parties wore not ready to sign them, he into in the ease of the Prays reclination but they had not the remotest idea, Certainly not com- are not entered into on its behalf, nor does the pliance with the ordinance. After referring to Government figure in any of them. Therefore, the preliminary point that had been raised, his to the house of a music pablisher. Addressing the simple case I have imagined of the Governor Lordship, said he was of opinion that Sir F. the publisher, he said, Monsieur, we have a suing to enforce the rights of the Government Lugard the present Governor, had no right or to ask you to buy a song. This gentleman has

Another boatman, who corroborated - the

A SYNDICATED LUNCHA evidence of the previous witness, stated that the hall of the launch which collided with them Alfred de Musset, a Paris cont.nporary rates Apropos of the anniversary of the death of

was gray, while the funnel was yellow.

au arousing incident in the life of the poet. The jury, after hearing bis Worship's Three friends one day had takon a walk into the directions, returned a verdict of death by drown-country, and returning, discussed the prospects ing, and of manslaughter against anime person of lunch. Que observed that he could eat a line ar persona unknown, on board of an unknown lunch, the other said a moderate lunch would Lunch,

satisfy his desire, while the third confessed that any kind of lunch would content bin, Enfortunately funds were very low. I have a good idea, said one, and he took the other two

music-hall

GIRL PARITONE.

幕后

few hours of the time Bir Stamford Eaffles apparently rest with any of the pro hoisted the British dag over Singaporo, and it ent officers of the Government. The be added that his father came to the Chief Justice remarked that he had been Colony almost immediately after its foundation. A lifteen-year-old girl with a fully developed trained in the strictest school of constituMt. Read had been the inmate of a nursing man's threat and a perfect baritone voice has tional law, more especially in its application home for some time, nad but for the physical been discovered by Mr. Froderick Little, s to Crown Colonies," and "he had no action disability of his deafness had enjoyed fairly get ex eis Maris Dreams, written the words, this one the music, and this does not arise, because, on the plain wording of title to sue on the agreements, auit the fact that quite recently she was employed by the only one who can sing, will sing it." the document, it has none Therefore, if any he alleged that he was suing on behalf of the good health up to comparatively recently. The the Imperial Tobacco Company as a cigar Sing of a Government passing an Ordinance and late Mr. Read arrived in Singapore so ago long stripper. Her throat has heen examined by 0.

The young man ang and the publish action can be brought on this agreement, it must Government did not alter the position of affairs then acting autocratically, as if no Ordinus the year 1941. For approaching suurly half a specialists, who regard hers as un uztraordinary was so satisfied that he sequired, the song for be brought by a party to it, or some one to and therefore that a non nuit should be entered. auce had been passed, and doing what it century thereafter there were few leading at the Oxford Music Hall on May 22nd. At a rejoicing, made for the nearest restaurant. Froderick Lugard is not a party to it, nor the in the Government Gazelle of 19th Decolaber oase. Marie Dreams was engaged to appear fifteen francs, and the thres hungry trailers, whom the rights have been assigned, and Sir Reverting to the facts, he said there appeared thinks ft. His Lordship in holding that questions whether of a public or quasi-private privata concert praviously she sung three ar The author of the words was Alfred de Museet, Sir FREDERICK LOGARD had no right or character that his name was not associated four baritone sange, doing particularly well the musician Manpon and the singer Dupree assignee of the rights. This defect is not 1891 a notice which contained a list of lessees

with in a more or less prominent manter.

remedied by the addition that he is suing for, who had accepted and among them figured the The song was Andalusia.', with “ My Old Shake.”

AWAY,

"said the publisher, “and we shall

"