1909-12-03 — Page 5

NAPIER JOHNSTONES! "SQUARE BOTTLE”

WHISKY.

BEWARE OF

UNVARIED FOR

THE SAME TO-DAY AS IN 1745.

150 YEAKS.

IMITATIONS.

SOLE AGENTS IN HONGKONG:

LANE, CRAWFORD & CO.,

sad from ALL WINE MERCHANTS. (52

NA

RIGAUD'S

KANANGA

OF JAPAN

TOILET WATER

Beware

of imitations.

RIGAUD & C

PERFUMERS

8, rue Vivienne, A

Parle-France

THE SEEKER AFTER HEALTH

is always glad to hear of a medicine that has been frequently tried in complaints elmallar to those from which he may be infering and that has proved uniformly successful. Such a remedy is BEECHAM'S PILLS, For bail a century they have been doing localculable good, and all who suller from troubles tractable to disorders of the Stomach, Liver, Bowels, ar Kidneys

*

SHOULD TAKE

these plis. They are a skilful combination of valuable vegetable extracts fo precise proportions and act naturally and gently on the organs at fault, even a few doses showing mest macked results. Those who desire mesound: digestion and active liver, steady nerves, pure blood, buoyant and good spirits, should not delay s stogle day, but at once pesvide themselves with, and begta & course of

BEECHAM'S PILLS.

Suljkéverywheri In Sbass, price Hi.. 1/11 & 3/9,

SOUTH MANCHURIA RAILWAY CO.

SHORTEST AND QUICKEST ROUTS BETWEEN THE FAR EAST AND EUROPE, VIA Dairen.

CANDLE KA

ZALA

WINTER SCHEDULE,

(EPFECTIVE FROM OCT. 28TH, 1909).

THRICE WEEKLY EXPRESS TRAIN SERVICE, composed of rollently. equipped Sleeping Dining and Tat class Cars, operated between Dairen and Changuhun in connection with the Trans-Siberian Express Trains and with the Dairen Shanghai Direct Steamer Service by the 8.8. "Kos MABU" and "SAIKIO MART" (2,877 tons each) Es follows

NORTH-BOUND.

Bimmer)

Ipava →→Shanghai (Stemmer) Artive-Dairen

-Makdon

Ar.

Thursday

Saturday

12.00 m Sunday

9.49 pm.

解。

10.10 p.m.

Monday

-Changebur

-Harbin

(Russian Train)

5.30 am.

6.30 ..

-3.20 p.m.

Connecting at Harbin with

SOUTH-BOUND.

Connecting at Harbin with?

11.25 ..

Saturday or Sunday Monday or Tuesday Tuesday

Friday

Wednesday Saturday

THE HONGKONG DAILY PRESS, FRIDAY, DECEMBER 32D, 1909.

1464.5

State Express for St. Ferg

Wagon-Lite from Moscow

Saturday

State Express for

Wagon-Lits for Moscow.

Sinto Ex

pries from Express from

St. Pet's..

MOSCOW.

Tuceday

Thursday Friday

Sunday Tuesday

5.08 a..

Wednesday

Leave-Harbin

(Russian Train)

Train

Arrive Changchun

Lv.

9.40 p.m. 10.00 p.m.

Ar. Mukdez...

Ar.

Dairen

LT.

Ar

-Shanghai (

$.20 a..

3.00 p.m.

Friday

Russian Train Time is 23 minutes earlier than 8. IL E. Timë.....

Sonday

TICKET AGENCIES-The Company's Railway and Steamer Tickets are obtainable at all the Agencies of the International Sleeping Car and Express Trains Co. and Mesars. Thos. Cook & Soz

RAILWAY HOTELS YAMATO HOTEL (Tel. Add:"YAMATO")

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PASSENGER SEASON 19.10.

[137-722

IN 25 DAYS TO ITALY

BY THE

MAGNIFICENT N.D.L. LINERS:

PRINZESS ALICE

"KLEIST"

Capt. P. GROzon.

Capt. O PAHNKE.

Capt. F. v. BINZER

"PRINZ LUDWIG

Toxɛ, REG.

9,000

9,630

ON APRIL 6TH.

ON APRIL 20TH.

HONGKONG LEGISLATIVE®

COUNCIL

(Continued from page 3)

SZHAM BOILER Benora was the question of inserting the words "Go

Hon. Mr. HEWETT said the only other point The COLONIAL SECRETARY-Bir, I beg to error-in-Council" instead of "Governor." ley on the tallo draft rules under the Steak Boilary Ordinance 1909 (Ordinance No. 32 of 1909). Under section 10 of the Ordinance the

The COLONIAL SECRETARY stated that under the existing law the matter was left in the hands of the Governor, and there was no reason why a ohange should be made to the

ME. STEWART

J

so-called · nuisance stands and described its rules must be laid on the table of the Legia Gove and the Governor meant the

lative Council and

any rule which is

На

MIŠUMILANEOUS SERVICES

The Governor recommanded the Council to Dollars (17,500) in aid of the vote, Miscellaneous vota a sund of Soven thousand five hundred Services, Printing and Binding Miscellaneout Papa

""""IMPORTË" AND EXPORTS OFFICE. The Governor recommended the Council to vote a sum of Nineteen thousand three hundred

prosent une as a desseration of one of the gateways of the Colony. Now, air, there is a gateway of this city of no small importance: laving. Honi, membors have, therefore, six weeks his own discretion. He can use his own Harbour Master's Department, C.-Imports

disapproved must be by resolation of this Attorney-General No, the Governor can and fifty dollars ($19,350) in aid of the vote, honourable Connall within six weeks after such

It is the pier of the Star Ferry Company. I travelled over the other day with a globe-trotter from a mail steamer on one of the Star Ferry steamers, and as we approached that pier we

to object by resolution to any of these rules TRADE MARKS AMENDMENT ÖRDINANCE. Conncil replyad itself into committee to con-

Common-sense in the matter.

and Exports Office, Salaries and Expenses of. Customs and Excise Staff.

JUDICIAL AND LEGAL

aaw in enormous letters the word Powell. Ha Bider the Balintitled "An Ordinance to amend The popular notion would be, at any rate, Dollars ($325) in aid of the vote, Judicial

ing some acquaintance, sir, with the Far East generally and with Hongkong in particular I thought this wLI an advertisement of a new

the Low Folating to Trade Marks,"

On clause 21,

Hon. Mr. STEWART stated that in any oue he would be advised by the Attorney-General, and would not have the advice the speaker suggested as being useful, at his disposal. that the

Attorney-General decided the matter. There were some people who disapproved of the He thought some of the lawyers were against it, Governor-in-Council being set up as a tribunal. but as far as the mercantile community wore concerned, they wanted it,

rote a sua of Throo hundred and twenty-five The Governor recommended the Council ta

and Legal Departments, B.-Magistracy, Other Charger, Allowance of $5.00 a day to the Police Magistrate in Hongkong. District Officer, Now Territories, acting as First

WOMEN WHO NAG.

His ESCRELANCY said the main objest of band of what might be called by euphemism making this otsuse identical with the Home whisky, but on getting closer I found from Act was to get the benefit which the Bill intend- other words on the placard that it did not refered to confer upon the holders of trade marks,

Hon. Mr. HEWETT said the idea of suggesting the Governor in Council instead of the Governor to anything so pernicions, but to something. The Hon, Mr. HEWETT sold that i was to have a sort of weider, board. to disonss perhaps more dangerous, millinery and they had not seen the text of the Treaty complex questions of this kind, and they based that, nine times out of ten, when i starasta Not long since a physician said ko believed. underwear." (Laughter.). On landing at the Great Britain and Japan they did not There they had not only the Courts of Law, but because of too much work, hat too little strengths their proposal very largely on the Homo Actpage she is tired. Tired, marked you, not | stage we found a ramshackle matshed which finakuow how it would affect trade marks hore. the Board of Trade, which, was very much the the physical and mental tire, the faced. into the air on the occasion of every gale. No When they did get it they might very well agree same as the Governor-in-Council would be here. foeling which is born of indigestion: That is

to modify the plause. with his Excellency that it might ha advisable The Home Act provided an arbitration hoard, the feeling of irritation, of nerveus iuratione, which was not so cumbersons or lengthy as that makes women shrews,, mon angry brutes. HIS EXCELLENCY-I propces when anb of experts. The Governor himself would be starving people are seldom pleasant company. Courts of Law, and was at the same time formed Indis eation means a sort of starvation, and mitting the Ordinanss to the Secretary of advised by only one or two of his officials. That Tho cure is food--not food that lies dead in your State the full reasons which have prompted us

memorandum giving was the point of the Chamber of Commerce.

HIS EXCELLENCY said the main, point to beach, but food that is eaten with a relish and to leave out this section.

considered was the similarity between two mill grinds groin.

promptly, perfectly, just as a perfect marks.

sir, I would ask the hon. mover of the resolution to endearenr, if he is anxious for the good ap pearance of this gateway of the Colony, to move his hon. seconder, who has some concern with the management of the Star Ferry Company to at anyrate remove that horrible advertise mont. (Hear hear, and laughter.) It cannot be worth more than ten cents a month to them, and I might add that he should do something to beautify the matshed, (Hear. hear.) It can vory easily be done, vide the matcheds erected for Chinese theatres which are quite ornamental,

(Applause.).

HON. ME. OSBORNE-Am I in order, sir? HIS EXCELLENCY-You are only ju order in making any personal correction: te

HON. Mr. OSBORNE-The hon. Colonial Secretary referred to the matebed at the Star Ferry wharf and its general untidy aspect and called upon the mover of this resolution to move ms to get that nuisance remedied. I can only say, sir, that as soon as the Government will move, the Star Ferry Company will move. The Star Furry Company asked the Government's permission some years ago to do the very thing

to attach

The ATTORNEY-GENERAL moved that section

out

do perfect work. In such warm, moist condi

When your stomach is out of order it cannot

poisons, instead of the risk nourishment that tions the stagnant food ferments and gives off

nerve and bone. The poison first taints the goes to build up and sustain good blood, musole, blood and is thus carried by it all through the body, dulling the brain and producing bilions. the stomach, loss of appetite. That was the condition of Mrs. Maria Pescock, of Flamstead, ness, constipation, dizziness, wind and pains in

her Daustable, who waste not long ago, mark ley absolutely at the discretion of His Erst used Mother Seigel's Syrap. My complaint

COLONIAL SECRETARY stated that under saying- the existing law the rafusal to register a trade Excellency the Governor. He submitted that was indigestion. My appetite was poor, the "It is now between 17 and 18 Fears since I the Governor was as well qualified as the Connoil slightest exertion fatigued me and I was always

22 be struck out, and the following substituted of the existing laws there was no mention of the The COLONIAL SECRETARY stated that in both and re-numbered section 21:--

Governor in Council at all. The Trade Marks The Registrar may refuse to register any there were no complaints from anybody except Ordinance had worked very satisfactorily, and trade mark it it is proved to his satisfaction by lawyers complained because it did not bring the person opposing the application for regis-enough grist to the millated that after further tration that such mark is identical with, or so consideration the unoficial members certainly

Honde HEWETT nearly resembles as to be calculated "to deceive, thought it would be better to insert the words any trade mark which is already registared · (în

Goreranr-in-Council," respect of goods of the same description as those in respect of which registration in Hong kong is applied for)' in a country or place from which goods of that description originate.

The

register shall be refused under this section in

Provided always that no application to to decide whether a mark should be registered after eating. Sometimes the following cases

predecessors in business have in Hongkong, in (A) If the applicant proves that he or his

connection with such goods se aforesaid, con.

more

I WEE 50

The

that was in danger of falling!" surest signs of the personens pollution of

and dizzy feelings are the blood. Poisons sometimes dail the sense and of the

Indigestion produces both of theso efforts. But sometimes cause, acute pain. The poison of

spoken of and they have not yet got an tinuously used the trade mark, the registration I the 2 People we have to devided that question | Mm. Peacock's lotter goes on to save

answer. (Laughter.)

Hon. ME. STEWART-Your Excellency, I have nothing material to add to what I have already said on the subject. I am very glad indeed that the hon. Colonial Secretary has committed himself to sympathy with the hope underlying this resolution. There is one point he made against the unofficial members which I think can be turned. He said we did not realise the difficulties in which the Government ware placed by the necessities of these great puble works which they had been called upon to ulertake. Well, I think there can be no better proof of the public's realization of those dificulties than the fact that those who here

of which is applied for from a date anterior to the date of the registration of the other trade mark in such country or place of origin, or unless the opponent gives an understanding to the satis faction of the Registrar that he will, within three months from the giving notice of oppasi tion, apply for registration in Hongkong of the trade mark so registered in the country or place of origin, and will take all necessary steps to complate such registration,

HIS EXCELLENCY This draft clause has been accepted, I understand, by both the China Association and the Chamber of Commerce P

Hou Mr. HEWETT-Do I understand there is a question depending, entirely on appreciation of the similarity between two marks

The COLONIAL SBOBETARY-That is so. Hon. Mr. Sreward—I should think the

better. The COLONIAL

SECRETARY—I should think it would be want moral support in such a care.

much worse. Hon. Mr. STEWART said, he would always HIS EXCELLENCY stated that in judging of similarity and deciding on the granting of huge amber of large volumes of rogistered trade marks was necessary to trade marks to see how user two resembled arch

look through

other. He did not consider it necessary that this should be referred to the Executive Council, Hon. Mr. HAWETT stated that they would not press the point, but might perhaps find it would now take his Excellency's decision. necessary to bring the mutter up again. They

Council then resamed;

However,

Syrup thoroughly freed me-uftheepailments. a few battles of Mother Saigel's

tion, but I have often given the I have never since been troubled with:-Indiges children for their ordinary ailments and always

Syrup to with good remalt,"

my

Still another good result that Mrs. Pescock Mother Seiger's Syrup good only for Indigestion obtained the describes thus: "People who think

old and my constitution undergoing as change are mistaken. Now that I am nearing 50 years. common to that period of a wousan's life, I find it is the only medicine that will relieve me, I has proved always a true friend to us and mine.

Mother Seigel's Syrup is made of the ohra

extracts of certain roots, barks, and, leaves. It cares in the healthy, natural way, by toning BP, strengthening and assisting the organs and good general health.

of

tried to sarta that public have sat silent so long vamber 19th to the Chamber of Camineree, and reading of a Bill entitled "An Ordinancé, to digestion, giving pure blood, full nourishment -

Her. Mr. HEWITT The amended clause, as read by the Attorney-General, is the corrected clausa sent by the Colonial Secretary on No- has met with the approval of the Chamber of Commerce and the China Association. We Accept the resolution as it is now read.

STAMP ORDINANCE AMENDMENT, The ATTORNEY-GENERAL moved the first amend the Stamp Ordinance, 1901." Bill was rend a fest bine.

The COLONIAL SEJGETAET Seconded, and the

THE CODE OF CIVIL PROCEDURE. The ATTORNEY-GENERAL moved the Best object-reading of Bill entitled “An Ordinance to

this resolution has been abown to Mr. Consland ? Hos. Mr. STEWART-Do I understand that The ATTORNEY GENERAL Yes. Hon. Mr. Stawint-And he saw no

tion

Colony,

The section was agreed to, On Clause 28 being read,

under the nuisance complained of. It was only when answers to certain questions which I asked gave me the impression that the yard was only required for the Post Once that I felt justified in giving expression to those feelings as I have done to-day. I pointed out that the nuisance is admittedly, not altogether at any-

The ATTORNEY-GENERAL-NO rote, justifled by that necessity. Part of it is Hon. Mr. STEWART-He is man who admittedly devoted to other purposes. If saw-knows more shout it than anyone else in the ing weed is the only thing to be carried on there I'do not see any reason for the existence of these matahede at all. If nobody lives there, as wo were given to understand at the last meeting, szcept watchrien, they could live in very small hovels, and the mstaheds could be removed and the sawing of timber done where it is done sat in the open If there wore none" of those tattered and ramshackle matcheds there, for only wood, the yard would not be half so objectionable as it now . I appeal to your Excellency to intervene in this matter and to exert your influence to have removed at anyrate the matabeds that are complained of.

The ATTORNEY-GENERAL moved that the words "Registrar or Court" be deleted, and the word. Tribanal anbetitated. The word belbimal should menu Governor, Court or Registrar.

The amendment was agreed to, For section 44, re-numbered 43, the be substituted :--- ATTDENEY GENERAL moved that the following

鶸

to

(1) The Court may, on the application in writ. ing made within seven years from the registration of a trade mark in Hongkong, by any persen ag trade mark from the register if it is grieved by registration, remove saph the satisfaction of the Court that such trade

proved

to The COLORIAL BECEETARY-I would like to mark is identical with, or 80 nearly resembles. explain--I did not make it quite se clear as I which was, prior to the registration in Hong salenlated to daosive, any trade mark ought to have that the whole of the joinery

of the first mentioned and carpentry for the Post Offee, which is a registered (in respect of goods of the came trademark building covering nearly half

acre of description se those in respect of which the ground and three times as large as Jardine's, Hongkong) in a country or place from which first mentioned trade mark in registered in is done in those matsheds. I don't think it goods of that description originate. reasonable to sak that the work should be done in the open in all sorts of weather.

ад

Provided always that no trade mark shaff be removed from the register under this section in the following cases:

Hon. Mr. STEWART-Does it, noed two.

(A) If the proprietor of the other trademark storeys ?

consented to the registration in Hongkong of Post Offoa itself.

Hon. Mr. OSBORNE-It can be done in the the firet mentioned trademark; or,

(3) If the proprietor of the trade mark The COLOBIAL SECRETARY-Not the whole predecessors in business have continuously used registered in Hongkong proves that he or his of the work. Part of it might.

smead the Code of Civil Procedure."

The COLONIAL SECRETART seconded, and

the Bill was read a first time.

SQUATTERS' ORDINANCE AMENDMENT. The ATTORNEY-GENERAL moved the first reading of a Bill entitled "An Ordinance to amend the Squatters' Ordinance, 1890." the Bill was read a first time.

The COLONIAL SECRETARY seconded, and

· EXEMPTION OF GROWN LEASES, The ATTORNEY GENERAL moved the first reading of a Bill entitled An Ordinance to srampt Crown Leases granted in respect of Territories from a certain condition Imposed Foreshore sad submerged land in the Now under the Foreshores and Ses Bed Ordinance 1901. Bill was read a first time.

The COLONIAL SECRETARY second and the

WIRELESS TELEGRAPHY ORDINANCE AMENDMENT.

The ATTORNEY. GENERAL moved the first the Wireless Telegraphy Ordinance, 1903, and reading of a Bill entitled An Ordinance to amend the Wireless Telegraphy Ordinance, 1909.

The COLONIAL SECRETARY seconded, Bul the Bill was read a first time.

ORDER AND CLEANLINESS ORDINANCE. The ATTORNEY-GENERALMoved the first road- ing of a Bill entitled An Ordinance to amead the Order and Cleanliness Ordinance, 1867.

The COLONIAL SECRETARY seconded, and the Bill was read s first time.

LIQUORS LICENCES ORDINANCES AMENDMENT. The ATTORNEY-GENERAL moved the with- drawal of the previous Bill, and the substitution of a new Bill which had been circulated to mem- bors. He then moved the first reading of this amend the Liquor Licencas Ordinance, 1898, new Bill which was entitled An Ordinance to and the Liquor Licences Extension Ordinance, 1908, and to repeal the Liquor Licences Amendment Ordinance, 1902.

The COLONIAL

BEURETARY 80conäed,

anch trade mark in Hongkong, in connection HIS EXCELLENCI-I presume the hon. mematerior to the date of the registration of the with moh goods as aforesaid from a date bor who propmed this resolution does not wish other trademark in the country or place of to press it to a division. I may say the Govern- origin; ox, ment are fully in sympathy with the object, within the five years immediately preceding (C) Unless the applicant proves oither that and I mymat am very fully in sympathy the making of the with it, but I take some exception to the section there has been bond fide user in

application under this His EXCELLENCY-Gentlemen, with regard. to this Bill I would just observe that in speaking wording of the resolution. That is really connection with such goods as aforesaid in Hong to the roselation which was before the Connell going rather further than the meaning of my Kong of the trade mark registered in the country

on 13th August last, and on other occasions, I words: I mean to say that the word naisanes stances of the trade account for such a known liquor hill at an early date. There were suck a

or place of origin, or that the special

promised that we should bring in a consolidated is one which I think may carry a wrong con-

user, or that the trade mark so registered in the number of dificult

questions îa connection with struction in this connection. Building opem country or place of origin was first registered this subject that it was pointed out to me that it tions when carried on in such localities as there within the like period of five years, and in would be advisable to defer the consolid the Lair Courts and Post Office, the repair faction of the Registrar that he will within ance in the meantime. Cestoquently stere either event gives an undertaking to the antia tion bill, and to bring in this Liquor Ordin, of roads, permanent roads in the city which three months from the making of the applications were rendered uscessary by the amend involve the use of tar macadam, naturally are tien under the section apply for registrament of the schedule which now replaces this nuisances in the ordinary conversational acception in Hongkong of the trade mark so

resolution, and some other matters have been regia- tation of the term. They are great-nuisancestored in the country or place of origin, and will omitted which were in the bill withdrawn. It in that sense, but I am most anxious that the registration.

necessary steps to complete such is not proposed to bring in the consolidated bill for twelve months time, when we can consolidate nuisance should be abolished as soon as it

(2) All applications under this section shall the liquor licences in one bill dealing with the possibly can be. I will give my own personal be heard in open Court in original jurisdiction, whole subject. consideration to the matter, and whatever can be for an injunction, but he is not entitled to bring

HIA

EXCELLENCY-A person can apply

The Bill was read a first time. removed will be removed. I therefore feel that an action for damages.

His EXCELERNOY then adjourned the Council until Thursday next. Hon

·CALLING AT NAPLES, GENOA; ALGIERS; GIBRALTAR AND SOUTHAMPTON there is no radical point of difference between

TO LAND PASSENGERS,

Early Booking Recommended,

For Particulars, apply to

1226]

MELCHERS & Co.,

GENERAL AGEN

the offcial and unofficial members. Do you wish, ir, to pat your motion to 's' division P

Hon. Mr... STEWART-I hafa no perticular

wish to.

الله

Mr. HEWETTThat was the point, your should be allowed to apply for an injunction, Excelloney: Whether a person not registered bat not for damag 16. *

HIS EXCELLENCY thought that moet the views of members.

FINANCE COMMITTEE.

A meeting of the Finance Committee was than held, the COLONIAL SECRETARY presiding, The following votes were passed:

Mother Beigel's Symap is also prepared in Tablet form, as Mother Beiged's Syrup Tablets.

Price 2/9,

[74-10

AB SUPPLIED TO THE HOUSE OF LORDS AND HOUSE OF COMMONS.

THORNE'S

PER CASE

OLD VAT

$15

Érmar VAT WAS STARTED BY THE LATE ROUÉNT THORNE GOF ERZENOCH AND HAS BEEN BOLD AS NAS SINCE İAD

SCOTCH WHISKY.

BOLE AGENTS IN

HONG KONG, CHINA & MANILLA: A.S.WATSON & CO.LTD.

1375

MITSUBISHI GOSHI KWAISHA.

(MITSU BISHI CO.)

COAL DEPARTMENT,

SOLE PROPRIETORS of TAKASIMA OCHI, MUTABE, HOJO, NAMAZUTA, SAYO, SHINNEW and KAMIYAMADA, Collieries.

SOLE AGENTS FOR KISHIDAKE, MIYAO and KIGYU KOMATSU Coals.

HEAD OFF TO WRONGIN

BRANCH OFFICES-NAGASAKI,

MOJI, KARATSU, WAKAMATSU, KOBE, OSAKA, SHANGHAI, HONGKONG, HANKOW.

Cable addresses for above, "IWASAKI” Codes, AI, ABC 5th EL, Western Union,

AGENCINE YOKOHAMA: M. ABADA, Esq. CHINKIANG: Messin GRABING & Co. MANILA: Messrs, MACONDRAY & Co.

For Particulars apply to

H OISHI,

Manager,

• No. 2, Pedder, Street, Hongkong.

Hangkeng, 9th January, 1909,