1910-06-15 — Page 3

SUPREME COURT.

Tuesday, June 14th,

IN ORIGINAL JURISDICTION..

THE LONGKONG DAILY PRESS; WEDNESDAY, JUNE 16TH, 1910,

be taken into consideration. That is the ordin. Mr. Blade said the plaintiff obtained that ary result of the plaintif bringing the notion; | judgment, but it was not intended to rely on fr, therefore the plaintif must look after himself up to the time the action is tried. I think, so far so I can see, that the mid man who was put in

because, as his Lordship now, a judgmont obtained by default in a foreign country under circumstances such as these, se conclusive

BEFORE HIS HONOUR SIE. FRANCIS PIGGOTT by the receiver is a man experienced in affairs, evidence of a debt was practically use1689.

(CHIEF JTFFICE)./....

and there is really no objection whatever that I

can see on the part of the defendant to his being present. He will act as shroff, but take no part or interfero in any way with the management, So far as the old lady is concerned, I think she

·★ "CHÉ APPOINTMENT OF RECEIVERS.

In the matter of the outlets of Pang Sing Yui deceased, and in the notion between Fang Chun Tong v. Fang Chang Yui and Pang Ng Shi, was only foolish, and I do not propose to the Chief Justice gave his decision on themomaka a special order with regard to hor. tions brought forward,

A report will be made to me in fifteen days, and if everything is satisfactory things can go on till the trial of the setion; if not, I question of costs, I think the justest way of will make a further order. With regard to the settling it is this, the costs of the motion will

Mr. H. W. Slade, K.C., who was instructed by Mr. Bulmer Johnson (of Messrs. Dennys & Bowley) moved on behalf of the plantiff. The first defendant was represented by Mr. Eldon Pottar, instructed by Mr. F. X. d'Almada e Castro (of Messrs. Almada & Smith), and the second by Mr. C. G, Alabaster, instructed by

His Lordship said he should strike out the paragraph in the statement of claim with regard to the Japanese judgment.

THEODORE ROOSEVELT.

BIK GENERATIONS OF PUBLIO LIFE, The Roosstalls are one of the oldest of Dutch- American families. It is two hundred and airty years since Claes Martenssen Van Rosenvalt brought his wooden ashape, bis big breeches and his long pipe from the old Amsterdam to the new-the city that was afterwards re-named New York. For a century and a half his dos condents kept their blood practically unmixed, christening their children Nicholas, Johannes, marrying almost wholly inside their own mos, Jacobus, and so on, preserving in all its in- tegrity the Dutch spelling of their surname, ring only their mother tongue as the language Dutch Reformed Church.

this home, and attending, sire and son, the

DISTINGUISHED ANCESTORS.

THE DECLINE OF BATTING,

DANGERS OF OVERCOLCHING. There is a general entory in the world of cricket that English batting has "gone to the dog" This gloomy view is not confined to that older generation of orities who always compare the peat with the present to the although expressing hopes that the eclipse is detriment of the latter. Fresent-day critics, temporary, are fain to confess that Fluglish cricket is at a somewhat low ebb.

Built. Building. Total.

Britain

7.

16

United States Germany France

4

2

11

.0

1

0

3 6

Гарка... Russin Italy

Britain is below the two-Power standart. It The table indicates that in Dreadnoughts does not include ships of the Invincible class, of which Britain has sly and Germsay four, while two are building for Australia and New Zes-

Land,

last year, especially in the Test matches, wAS lamentably weak, I think that there is a ten- While admitting that the English batting

dency to exaggerate our shortcomings. More armament of the British Dreadnoughts, It is Uncertain opinions are expressed as to the over I am inclined to blame indirectly that noted that the 6in. guus which the German ships most glorious bateman the Jam of Nawanagar of that class carry my tell heavily in an (K. S. Banjitsinhji) for our shortcomings. engagemont," and "might have a serious in- When the Jain was resident in England and fluence on the result of an action. But in was playing county cricket regularly he dazalad another passage we are told that the value of took it almost as a personal Insult if on opening the world by his brilliant performances. One the medium gun is doubtful."

70: why Ranji has failed again!" was the fool the paper in the might not as having made B century. "Only

the Indian Prince piled up huge scores unsettled

Mr. Slade said he was perfectly willing. Mr. Potter said that all along the line Mr. Slade had sued on his judgment and nothing else. There were numerous defences to a foreign judgment, and what his friend now wished to do was to fight the case again on its merits." His Lordship could not allow the

say he was going to smend his own as8. plaintiff to come into Court sudderly, and

They were thrifty, plodding folk, whe rose His Lordship-You had full notion of that in to wealth, the title of oequire and the zaak of within a hundred years after their first settlement July, 1907.

Mr. Petter--No. The statement of claim is played their part in the public life of the city gentleman." For air generations they have Mr. Christopher Wilson (of Messrs. Hastings defendant must in any event pay his own costa.nothing more than explanatory. It gives your and State of New York. From about 1750 The consistency and the ease with which construction of the gun audite penetrative

onwards the Roosevelte Lordship a history of the case. I will show aldermen, assemblymen, State Sonators, council-

ing. Spear and reappear as His Lordship said-I am not sorry that the but I think that is as far as I can go at present your Lordship, when the time comes, that my man, or judges. One of them sat in the the montal balance of the cricket world, power at long range are said to have passed the Mr. Slade I hope your Lordship's orilor will friond-eannet, having issued a writ on a foreign Hamilton. But predominantly they were clear the orthodox methods handed down in us by our mount this weapon, though in the tables they

Constitutional

Convention with Alexander style was exquisito, but it differed entirely from some of the ships of the 1909 programme may which I hold with regard to the appointinent of work satisfactorily, but there appear to be some judgment, now set up a dístinet cause of sation headed, enterprising and successful men of wires. He had half a dozen methods of dealing aru oredited only with 12in. guns.

& Hastings).

costs in the cause, which means that if the plaintiff wins be will got his coste, but the male

If necessary to vary this ultimately I shall do so, discussion in this case has taken place, because I think it will enable me to state clearly the views

ressivers. No doubt the practice has got a little out of hand, and I think it is advisable that I should state as clearly as possible what the rules are. The appointment of a receiver in an action may be most necessary for the protection of the plaintiff's rights, but at the same time it may be most injurious to the defendant's rights. Thought only to be granted where the protection of the plaintiff's rights is essential. That, I boliore, is briefly the law in England; but in this country, owing to certain peculiarity of the lawe, which everybody knows, with regard to Chinese customs, I think

it advisable to introduce what I call a common order that is to say, an order which does pro- tect the rights, but is not altogether a hostila

All little

slight leapprehensions in your Lordship's and sus on a guarantee.

His Lordship The law is so hopelessly mind with regard to this master.

His Lordship-You don't quite follow me,rague, [ This was referring to something which happen.

Mr. Potter-If there is a merger they can ed in chambers. What I have said only applies only sus on their judgment; if there is not thay to arrangements prior to the action.

have two distinct causes of action, one on the details can be dealt with in the report which the judgment and one in the original case. Plaintiff receiver will make to me in fifteen days.

chooses one and sues us on it. It is laid down on a new and distinct cause of action, and that that you cannot, in your statement of claim, add

is what my friend would be doing if he proceeded

CLAIM ON A BILL OF RYCHANGE.

Action was brought by Yap Hok Long, compradore of the Yokohama Specie Bank at Kobe, against Chan Tang Song,, to recover the equivalent in Hongkong dollars of Yen 60,000 due on a promissory note, together with interest at the rate of six per cent. per annum from the 10th September, 1505, to payment or judgment, Mr. M. W. Slade, K.C., instructed by Mz, E.

on the merits of the case here.

His Lordship-The point is raised too late; if it came before me three years ago I might have considered it.

=

order. It is an order which I bare always J. Grist (of Messrs. Wilkinson & Grist), my friend's statement of claim.

Mr. Potter-It is not for me to quarrel with His Lordship Unfortunately the statement is it you want me to do?

*RANJI" THI MODEL.

It gradually came to pass then that the so- foot, the dainty out, the exhilarating drive fell called "old-fashioned methods," the firm right into disrepute. Ranj!" was unorthodox, and therefore away with orthodoxy and let us all "Ranji" was the greatest batsman of his time, imitale him.

To the new 13.5in, gun, which his bean so attention is deveted. We are told that the long expected and which has been so slow in making its appearance in our new ships, some

Lesta most satisfactorily," and it is hinted that

Navy, and another, dealing with the command A special chapter is devoted to the German of the Adriatio, trests of the increase in the has eleven battleships and ten armoured oruipers launched to twelve Austrian battleships and threo armotired ornisers.

ships and plans. One of these authoritativels The book contains the neual illustrations of discloses the fact that the Hercules and Calosate and more powerful type -- Daily Mail. will be sisters of the Neptune, and not of a now

LIFE IN THE EAST.

herited a large fortune and added to it as a length one business. The ox-President's grandfather in- with every sort of ball. He world treat a "good with the atmost contempt, de founder of the first bank over started in Nor seemed to him best. Tet he had been taught | Italian and Austrian fleeta. It shows that Italy glasa importer and banker, being, indeed, the spatching it to the "of" or "on" boundary as York. A great uncle shared with Robert originally to treat such a ball with respect. Fulton the honour of developing the steam beat, and built and navigated the first vessel of the kind that went down the Mississippi.

But it was in the ex-President's father, Theodore Roosevelt, son, that the family distinction. Carrying on and extending the stock arst put forth a shoot of real reritz and glass business and the bank he had received from his father, he yet found time to devote na shrewdness, persistence and practicability to innumerable schemes of social and philanthropio endeavour. During the Civil War he helped to raise and equip the eighty regiments thee went to the front from New York State; he a sanitary commission for attending to their comforts in the field; he drew up a Bill, and after a sharp struggle succeeded in getting it passed by Congress, authorising honorary Com sach portion of the soldier's pay, as he wished to risk to him; he collected the fands and maile sand home, and so forward it without cost or

dinner sont from the North to the Army of all the arrangements for a grand Thanksgiving the Potomaca fost all spoken of by the veterans of the fight with kindling sys; aud when the war was over he busied himself in forming sociotics to collect the dues of crippled soldiers and of the families of those who had fallen, and to find employment for the able. bodied survivors.

the plaintiff represented by Mr. Eldon Potter, instructot of defence moats that statement of claim. What missioners, appointed by each State to receive methods. They forgot that he possessed freely even in Byron's day, but it was undoubtedly

endeavoured to make, so that it can work with as little friction as possible, and, as I say, with as little hostility as possible. Because otherwise the plaintiff is apt to think when he has got a re- ceiver, that he has practically won the action, and the defendant is apt to think when a receiver is appoinlol that he has lost the notion, and some of the arguments addressed to me in chambera rather tended to confirm that view. Certainly some of the points put forward on behalf of the plaintiff were rather suggestivo that he had won the notion although it was not ultimately devided. Hers, so far as I can conceive, an ordinary order was made. This has had the inoritable result of annoying the defendant and making him do some exceedingly foolish things for which he will have to take the consequences. No doubt he was CX- coolingly irritated at Ending a receiver pat in and interfering with the old established course of his business. But then I think, after what I beard in chambers, that the receiver noted in a somewhat arbitrary fashion in depriving him straight off of his allowance as managar, and of somewhat naively expecting him to go on assisting the business without his allowance. I think that he should have come to the Court, then & definite order would be made natkrising

him, if necessary, to withdraw the allowance, for I have no doubt that he was in a difficult Position. Ism not criticising the receiver in any hostile way, because Mr. Soth has always done his work exceedingly well, and this is the first

|

appeared for the plaintiff, and defendant was by Mr. P. M. Hodgson (of Messrs. Ewens & Harston) H

The statement of calm showed that on 9th July, 1905, the plaintiff recovered judgment against the defendant in the Kobe District. Court. The plaintiff was liable to the bank for all Chinese notes, and the defendant had dishonoured this bill.

The statement of defonso set forth that the plaintiff was a partner in the Hip Tang Fang fem, and was liable with the other partners to contribute to the payment of its debts. Do- fendant admitted gising a guarantee in writing on May 18th, 1905, but said that this agreement was entered into with the Yokohama Sperie Bank only, and not with the plaintiff. In the alternativo ho said that if he did enter into any guarantee or agreement with the plaintiff, anch guarantee, was, entered into without any con- sideration au between plaintiff and defendant. Defondant denied that judgment was recovered against him in the Koke District Court, and said that if it was recovered it was invalid, às ko was not a subject of the empire of Japan, and not subject to its courts..

Mr. Potter-I want your Lordship to say this action is simply on the foreign judgment.

His Lordship-The result of that is that you want me to strike cut certain paragraphs of the statements of claim and defence.

Mr. Potter-I have approached this case from the point of view of the foreign judgment, face of the writ. because I could not have any other view on the

His LordshipWhat I propose lo de, and what I think is the only possible way, is to strike out the whole of the paragraph with regard to the Japanese judgment.

Mr Potter-We have been sued on the judgment and nothing else.

His Lordship.I should have thought steps

would have been taken to amend the writ,

Mr. Potter-They have not

Mr. Blade-Because of the wholesome pro- vision of the Code, which says that we need gut do it.

His LordshipThe final claim is not on the judgment. It is on the guarantee.

Mr. Potter-Why should there be any mention of the Japanese judgment if they do not intend to rely on it.

A TRACTICAL PHILANTHROPIST

The temptation was certainly great, the pros- pect very alluring, but the pitfalls wore unrous, ad few if way who attempted to them. In the first place the majority of imit imitate "Ranji's" example managed to escape ators attempted to run before they would walk. the Bitie," the public at Home have och fry Since Kipling published "Main Tales from idol had mastered the alphabet and gram- They were oblivious to the fact that their convinced that English people who live in the East are systematically wicked and collectively mar of orthodox orisket before he electrified immoral. There are some lines in "Don Juan the world with his brilliant yet peculiar which go to prove that this view was hold fairly extraordinary powers of vinion and 20 tire ball just that faction of a second and Anglo-India has hated him for it ever since. could Kipling who fired it firmly in the public mind him to shape for unorthodox strokes. His eye the Pinang Gazette, knowing how somer than any European, and this enabled

intensely not to wrists, too, were uncannily flexible.

say suburbanly, respectable are the English communities in the Straits-whore When one looks back now, it is obvious how the climate is still more sultry than in India- futile it was to attempt to teach or to learn we have always believed that Kipling coloured "Ranji's" methods except in so far as they his pisture rather highly and used were orthodox. A young dramatist might say. more carmine and vermilion that was necessary. good deal "I will imitate Shakespeare," with as happy But now there has arisen one who emiter results. Alphabet and grammar both of Anglo-Indian society from its vory midst. The language and cricket must be mastered, but Simla correspondent of The Asian, the spright after that individuality must come into play. liest of papers published cast of Secz, has had Imitation of another's individuality is worse bad attack of liver and gives the show away, than aseless. It is to this "sincerest form of so to speak, in an article from which we dare to flattery" that I attribute much of the poverty extract only the very mildest passages. He- of English batting to-day.

The foundations of the methods of all the world's greatest batsmen are the same, but these having been firmly established the individuality of the great batsman frequently conceals his orthodoxy, and this individuality is inimitable,

Thereafter business engrossed him lese and lass and practical philanthropy more and more. He founded a hosptal and dispensary for the treatment of epine and hip discases. It was he who incessantly advocated the creation and ultimately became the president of one of the most useful and intelligent institutions I have ever encountered the New York State Board of Charities. Improved tone- monte, rational treatment of vagrants, lunatics and orphans, the protection of children, the

NATURAL ABILITY TO BE ENCOURAGED. Young Men's Christian Association, the

It is possible, however, that this very error tablishment of museums of art and natural into which English batsmen had fallen and sciences all these interests and causes, and from which they show signs of recovering, may

val many others besides, found in him a champion prove to be a blessing in disgniss. Not very of unsparing zeal, liberality and rarer still-long ago coaches at private and public schools commonsense. A lodging house in connection were inclined to cramp their pupils by a to rigid his particular charge; and one day in every Any sign of individuality or unorthodoxy was with the Children's Aid Society was nuder adherence to the recognised rules of batting. seven this wealthy and prominent man of affairs sternly upped in the bud, and batting was in religiously set aside for work and visits among

dangor of becoming stereotyped and unenter- the poor. With all ho, was of I hourly, prisiar relial for company and a passion for outdoor to Lord's, and there found Mr. H. K. Fostor winning spontaneous nature, with 'ready

In the middle of writing this I wandered up life, driving a four-in-hand in Central Park or batting at the nets. When he gets going there sailing his boat on the Sound with a youthful than "H. K. Many of his most fascinating is no more attractive bat in England to my mind

one who was thorough in efi ho undertook. "My father," said his son, "was the finest for they are what might be called natural impossible to teach them to young players, Mr. Potter-Plaintiff cannot go on without ever know, and the kappiest." When he died having the writ amended.

in 1878 flags flow, at half-mast all over the city feels to be the most natural and affective comuner stroker-that is, the stroke which the batsman and rish and poor followed him to his grave.

The future President's mother beloned to a in which to deal with certain balls. family, the Bullocks, of Georgia, as old and wall- the North. fairestoomed in the South as were the Roosevelts in Two of her brothers entered tho Confederate service and served in the Confed. erate navy, both winning for themselves a niche in the history of that Titanio struggle. The

Mr. Slade, in outlining the facts, said the plaintif was and is compradors of the Yokolaus Specie Bank in Kobe, and by his compradore agreement he was liable to the bank for the non-payment of all bills of exchange, inter alia, to which Chinese were parties. There was a time, se for us. I can say, that I have had torm carrying on busines in Kobe and Bong- to raise technical points now. They should enthusiasm that never left him and the skill of stroker are quite unorthodox, and it would be

kong called the Hip Tung Fung, aut this firm from the year 1903 did business with the Yoko-

criticis the work deas. The result of this action is undoubtedly arbitrary, and there was

But defendant

illegality on the part of the defendant, but I hama Spocie Bank in bills. From 1903 til have not any donht that what he did came well 1905 this business was put through without within the principle of law as well as within the the plaintiff, as compradors, requiring any principle of common sense.

special guarantee or security, as he was satisfied deliberately took steps that would interfere with the standing of the firm. In 1905 he, with the rights of the business which was compradore, refused to do business with the firm under the control of the receiver, and therefore without a special guarantee of some security. thove motions would inevitably follow.

His Lordship-Thiey rely on it as evidence, The judgment follows by the way in which the claim is put in the statement of claim, and the judginent would not be a judgment on the Japanese judgment at all. It is really too late

have come up before.

your view that I should amend the writ.

His Lordship-I am disposed to agree with

to me. It would not be amending the writ, but

Mr. Potter-But I say that would not be

adding a now cause of notion on to the writ

His Lordship-I think it has been laid down

i

So. It is with Mr. Jossop, Mr. Trumper, and countles other batsmen who rise above criticism.

Having learned orthodoxy, they have improv od upon it by making nse of certain shots which come satural to

to them. Had they boog chooked when developing these natural shots they would never have risen to the hoights to which

they to describe as "the nearest approach to Colond have now attained. It is all important there Newcome of any man I ever not in actual life"

efore that coaches, when they notice young was despatcher by Jefferson Davis to player tatting with natural if unorthodox England. It was he who ordered and equipped there natural strokes can only load to disaster. buy arms and vessels for the Confederacy in freedom, abeuld not throw cold water upon the the Alabama, and it was his younger brother

The case itself is, I am sorry to say, ono of /Accordingly the Hip Tang Fung firm in Kote, by the Court of Appeal that the Court has elder whom his famous rephow was afterwards those only too common in the Colony. The obtained from one of its partners, the defendant, absolute power to do anything it likes subject to !

a written gaarantee which was addressed to the Yokobema Specio Bank and the plaintiff by nano This guarnatee was made in May, 1905, but no business was done under it until August of the same year. The firm being in argent went of money, the plaintiff out of his own tunney advanced on promissory notas to the Hip Tung Fang irm, which ainmounted. altogether to a sum of Yon 66,000. The bark at that time, an account of fluctuations in ex- change, declined to do exchange business. In September, the bank being willing to take exchange business, a bill for Yan 60,000 was drawn by the Hip Tung Fung Arm in Kobe un the Hip Tung Fung firm and the defendunt in Hongkong, payable at the Hongkong branch of the Spocis Bank thirteen days after. sight. The bank bought this bill and paid Yen 59,000 odd for it, and the amount which was paid out by the bank was paid over to the plaintiff towards the indebtedness of the HP Tung Fung firm on the promissory note. The bili in due course came down to Hongkong, was accepted by the Hip Tang Fang firm here, but hon presented for acceptance the defendant

he accept and said refused to

+ beir comes of age, is discontented with the old methods by which the estate is managed, and brings an action The manager becomes ex- ceedingly annoyed that the old customs and ways of management are going to be upset because he thinks his ways are the best. His own ideas were expressed in the answer he gave to me that with regard to his overdraft, which amounted to a considerable guro, I think $13,000 that that covered a period of 25 DT 29' years. They may ba Chinese methods, but un fortunately when they come before an English Court they have to be put straight. In this case it is perfectly manifest that in the interests of all parties this manager ought to continue in charge of the buisness, and the business should derive the benefit of his experience and good-will, which undoubtedly the abips' captains bear towards him and if it is possible I think that must be continued. It is quite oloar be cannot go on in the A. Tai, but he must, if possible, go on in the A Dai. But I only propose to make an order which will be subject to report within fifteen days by the receiver as to the way the thing works. I propose that the defendant shall continuo in the management of the property and receive au allowance from which must be nothing about it. On due date the bill was deducted a definite sum in meeting the overdraft Fresented for payment and dishonoured. Then His allowance will be $50 a mouth, less $20 a the matter was roferred back to Kobe, month which the receiver will retain towards the and the bank came down upon the compradore ultimata ndjustment of accounts, I think under his agreement, and the compradore ha that the ordinary family arrangements of the to pay Yen 60,000 and interest, which to date of establishment must go on just as they were before. payment amounted to a sum of Yen 709 When It was suggested with regard to the means he paid, the bill was endorsed over to him by the that the wives and concubines and cousins bank, and he now sued upon the guarantee and and hands all participated, that this was upon the bill. Plaintiff sued the defendant in not very fair, and that if allowed to go the Japanese Court, but the defendant did not on the plaintiff ought to have some allowance appear, and plaintiff got judgment, which was for his food. My view is this: If a porpractically waste paper. .....

knew

son Books to upset by notion a course of Mr. Potter asid he was going to take the affairs which has been going on for some time, objection that this action was an sction on the he cannot finally upset that until the action is judgment of the Japanese Court. It was not tried. He cannot possibly upset an old sa notion on the guarantee, or anything like it. arrangement until the rights of the parties are His Lordship-Take it after Mr. «Blade's' flaslly decided. When they are, everything will opening.

the protection of the defondant's rights. irregularity unless application is made within Mr. Blade-Advantage cannot be taken of an

a reasonable time.

mothole employed until thoroughly satisfied that

Orthodox batting must certainly be taught,.

Mr. Potter-This is not an irregularity of who fired the last shot from her sinking deek but natural gifts must not be discouraged.

practice, but an extension of the stateront of

claim.

His Lordship-It is quite impossible at this stage to take sach s point. I think the writ should be amended. While I agree with your argument in ordinary cases I don't think it occurs in a foreign judgment. The whole question is covored by time.

she went down before the Kearaage... Mr. Roosevelt has always glories in his Southern ancestry. Born too late to feel the bitterness of the Civil War, he has been valour and devotion on both sides. His uncles fortunate in falling heir to its memories of

attached themselves to the cause, they beloved to be right, and each, in furthering it, did He has repeatedly paid public honour to their full duty. For Mr. Roosevelt that is enough. memories and to the memories of all who under the compulsion of an ideal-mistaken and pernicious as he knows their ideal to Southland. More than once in the White House he claimed to speak to predominat ing und Bext to that Dutch, with a

Mr. Potter-I think the plaintiff should show your Lordship some authority, not for amending the writ, but for substituting a new cause ofve been-rieked everything for their beloved

action,

the point now.

WORLD'S NAVIES.

POSITION OF THE BRITISH FLEET,

Navias of the world, The Naval Annual, has The 1940 issue of that invaluable guide to the

just been published (Griffin, 128. 6d. not). It is edited as usual by Mr. T. A. Brassey, and the other leading contributors are. Admiral Sir Cyprian Bridge, Vice Admiral Sir S. Eardley- Wilmot, and Mr. Loyland.

The first question seked by all who open it

with somewhat confisting voices. It declares

His Lordship-I think it is too late to takelighter mixture of French, Huguenot and of/ will be, What is Its view as to the position of Mr. Potter-You are amending an absolutely more delight and pride than that which unites in the opening paragraph that--

Gaelic, Bat of them all none has given him the British Navy Here the aungel speaks good writ in order to bring it into line with him to the South, and makes good his title to faulty pleadings. Might I ask for leave to share in its traditions of horofam and ecustaney. amand and plead res judicata?

His Lordship-I amend in order to bring the writ into line with the statement of claim.

Exaggerated statements were made by the Opposition in Parliament last spring as to the relative weakness of the British Navy, and the attempt to use the British Navy for party purposes was too frognently made during the recent general election.

or is it a shoP-says-

People in Simla simply adhere to the tradi tivas of the station which provide that - neither man nor woman shall remain unattached aftor once reashing this holiday resort. And as there are always a number of young officers and civilians "ap on thras months leave, and a host of grass widows who have left their grumpy and liver. strieken hubbies to their punkabs and tattinn, down in the plains, it is a matter of no difficulty to get "attached" for the time There are, of e urso, taang women being. who are inclined to get mors out of aurriage that there is in it, but this is the case all over the world, and the sordid records of the Divorce Court sometimes convey the sequel to that social stigma that generally attachos to those who change lovers too frequently aral to openly. There can be no two opinions as to the "life" which the presence of the grass-widowy puts into the hum-drum monotony of hill-station existence. She lanoes the lightest, drosses the smartest. and dirts them st bowitchingly, and the worst that is said about her usually comes fram her own cox. It frequently happens that she says more risky things about her. self than any mere man would venture te say of her.

"How, ahe

can the Hays man of hor maiden fancy fall tho used of a woman's maturity? To every season its- book and its frock; why not also, its love?" And the grass widow solves the problem in a manner highly satisfactory-to herself at least, Isn't that our old friend Mrs. Hawksboe once again!

And we seem to have met this other engaging couple before:

Grass-widows are generally fairly numerous in the hills, but some of theas soon find consolation. One notable instance was a pretty woman whose husband was in Eugland, and her special adorer was a grass-widower, whose wife was at Home also. What a pity a meeting could not have been arranged between the absent couple, and a fair exchange might have scoured in the matrimonial market. Everyday, and early all day, tho pair in the bille might be seen in each other's company, walking and talking together, gasing into eaca other's eyes, or sitting together in shady nooks and secluded spots..

We suppress the reat, with a fervent feeling of gratitude that such things simply couldn't happen here.

A TEA BOOM.

A writer in Commercial Intelligence says *--*-* I am assured by those who know that when the rubber boom is over there is to be a boom in tea. We all know that some of the toa companies are We also should know, if we quite prosperous. do not, that the shares in all of them are quite

Mr. Potter-I want to put in an additional life. But it is just worth noting that almost But the point is missed that the statements as high as they ought to be, and that they

defence.

His Lordship –I will allow the amendment. Mr. Potter-I will leave it as it is. I won't press for an amendment.

His Lordship Theoretically I agree with you, but not practically,

Mr. Potter am really right, but your Lordship cannot help me. It is comfort, my Lord, but it is cold comfort.

The case stands part heard,

WRIGHT AND GEDIG'S “PREMIER”

SCOTCH WHISK-just the same as you

get at home in Scotland.—Advt.

(340

Estimates..

AN AMERICAN ARISTOCRAT, York house on October 27, 1858. He is, of Mr. Roosevelt was born in his father's New

course, altogether of the type of man who would have risen high whatever his initial station in alone among American Presidents he belongs to made by the Opposition were based on the return very little more to the investor than any wist, for want of a better word, may be called the starming admissions of Mr. Asquith and Mr. other industrial company. In fact, tos sharon American aristonracy, that he never was called

McKenna in the debates on the Navy the public. will not care what the pries of the are too high to-day. But if a boom is coming upon to straggleforalivelihood, that he was born to

sharos is. Personally I very much doubt thin And when we turn to the section dealing with boom in tes. I think that the whole taste of wealth, an established social position and a family tradition of public service. Easy circumstances, battleship strength justification is provided for England is changing. The compounds browed the best of home lives, an atmosphere of comfort, the Opposition's criticisman. Hore it is stated from Ceylon and Indian herbs are, in my opinion culture and sound citizenship, and the diversions that

and those of most doctors, extremely

delatorious. of a country house at Oyster Bay, were his,

The tea drunk by the average Britisher and the from the start. All his predecessors in the

tea drunk by an Australian in the bush boars White House were country born and country

about the same resemblance to the tea one drinks reared, and nearly all were the sons of poor

in St. Petersburg or Poking as cheap gin does to men, received little or no regular schooling

98 Pomeroy. Every year the trade in finer nad had to work their way upwards as best

qualities of China tos increases. Up to the they could. Mr. Roosevelt's case was the pro- And again: "It is evident that our naval present this has not seriously affected the tes ciso opposite of theirs. Ho was a member by position must deteriorate in the immediate plantations in either India or Ceylon, but sooner right of birth of what we in England should fatars, for the five large armoured ships at the or later the ingreased consumption of China tea all the governing class. For the advantages (British) 19 0-11 programme are not to be laid and the increased attention paid to the cultiva he enjoyed from his cradle he has others to down till 1911, and will not be completed till tion in Chius, must result in a slump in the too thank; but the credit a rightly his that he 1913."

trade. I hope I am quite patriotic. But I should have turned them to the amplast use and The following figures are given for Dread cannot scrow ap. my patriotism sufficiently to made the most of himself and his opportunities. noughts, built sad building:

risk indigestion from tannin poisoning

Germany, owing to the fact that she has under construction more battleships than Britain or the United States, must improve kar ralativo preition in the near future, unless increased exertions are put forth by ourselves and others,