1910-09-16 — Page 2

INTIMATION

THE HONGKONG DAILY PRESS, FRIDAY, SEPTEMBER 16гa, 1910.

was in hopes of covering the other half by TELEGRAMS.

contributions from the British communities concerned, or alternatively by raising the Postal rates. We may conclude that both these ideas proved impracticable. It was foreshadowed in the Budget speech of last year that if a satisfactory arrangement by which Hongkong should be entirely relieved of all loss on this account was not arrived

$. WATSON & CO., at, the Government night decline to con-

LIMITED,

ESTABLISHED A.D, 1841

WINE & SPIRIT MERCHANTS.

WATSON'S

E

VERY OLD LIQUEUR SCOTCH

WHISKY

duct the Agentes any longer. It is very satisfactory to know that the difficulty has been solved by the Imperial Gov- ernment taking over the Agencies. It means a saving to the Colonial Government. for in of a not inconsiderable sum addition to the actual deficit this Colony has had to pay the military contribution of 20 per cent. on the gross revenue of the Postal Agencies. Presumably, under the new arrangemout the revenue will not be subject-to-that charge, so that the los falling on the Imperial Government will not be so large as the Hongkong Government bas had to meet.

One other item of special interest in the Budget Statement is that of the Kowloon-Canton Railway. The year's

estimated 18

at $107,000; while the expenditure on railway account, less the sum chargeable to, capital, is $611,276. H.E.the OFFICER ADMINISTERING

rerchte

THEGOVERNMENT explained that the interest on advances for construction amount to $410,000. This is a new charge on Reronte BLEND OF THE FINEST PURE Account, as such interest has hitherto been

MALT SCOTCH WHISKIES.

For over 30 Years WATSON'S

be borne in mind, when

debited to cist of construction." Until- through traffic is established with Cantón no conjecture of any value can be formed of the extent to which railway revenue may outribute to the relief of this heary burden.

must considering the estimated revenue for from the railway, that "B" has maintained the re- next

through communication is not expected to the FINEST be made with Cantou until July next. putation of

Meanwhile the earning powers of the British SCOTCH WHISKY in the action will be very limited. What with

FAR EAST.

A. S. WATSON & CO.. LIMITED,

ALEXANDRA BUILDINGS.

(25

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

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PRESS. Telegraphic Addresa: Code: "A.B.C. 5th Ed. Lieber,

year

this and the sinking fund which is being created in respect of the loan to the Viceroy of Wuchang, the Colony has to provide next year close upon five lakhs of dollars on railway accounts out of the ordinary re- venue, for the railway is not expected to cover running expenses. For the present the community can do no more than hope that when once the line is completed to Canton the volume of trafic will respond to the most sanguine expectations, and that the railway may soon be in a position to con- tribute substantially to the reduction of the

· Protected by the Telegraph Message Copyright Ordinanco, 1894.j

["DAILY PRE88" EXULUSIVE SERVICH. Į DEATH OF VISCOUNT SONE.

TOKYO, September 15th.

SUPREME COURT,

Thursday, September 15th.

IN ORIGINAL JURISDICTION. BEFORE HIS HONOUR THE CHIεr Justice (SIE FRANCIS PIGGOTT).

CHINESE GOVERNMENT NO "LOCUS STANDI"

IN EXTRADITION CASES,

for its appearance may bé come to, to assist in the deliberations. But it is quite alear that

Mr. Alabastor-I au bonit that under the oir. sumstances wo cught to have succeeded on the

His Lordship-A stay of execution will not provant you from appealing. I maintain the opinion which I expressed at the trial, that the damago for conversion will be nominal.

Mr. Alabaster-I ask for a stay, my Lord. His Lordship—I am afraid I cannot,

appearance independent of the English counter-claim Government is never contemplated. It Mr. Blade-We have been stared off fortwo must be understood that I am dealing solely or three years. I ask your Lordship not to pat with the procedure after requisition-and | say hindrance in the way. not with the application to the magistrate for the summary warrant. This decision does not throw any practical difficulty in the way of In the matter of Li Yu Mni, formerly co-extradition proceedings, for the foreign govern- pradors of the 6.8. Bujun Maru, in which a rule ment can work behind the scenes, get together The death is announced of Viscount was granted, his Lordship deliverest-jadg- its evidence, marshal is witnesses; only it I limit myself to the English Courts. I refor Sone, who succeeded the late Princement, in which be decided that the ale must be does not have the conduct of the case. Further, discharged. He delivered the following-im-

to this because in some treaties, notably that Ito, as Resident-General at Seoul:

portant ruling:- [Viscount Sone had been sufering from

with France, there are references in the French proceduro art clo to the British Government. cancer.]

which might possibly bear the construction that the British Government appears before the French Courte. We are quite in the dark as to what the procedure in foreign Courts is. I at therefore of opinion, that the Chinese Government has no locus standi.

[REUTER'S OBUVIGN TO THE "RONGKUNG DAILY PRESS,"j

I must now give a definite ruting to the locus standi of the Chinese Government in habeas corpus proceedings before the Court. The first cup I tried when I came to the Colony was an extradition case in which the Chinese CONTEMPLATED RÖYAL TOUR Government appeared. I was informed that it had been the practice in the Colony for some IN IRELAND.

years, sad in fact it was stated that the Colonial Government had been secustomed to stand nside, allowing the Chinese Government to take charge I hold that the Chinese Government had no focus stundi. The Fall Court in a recent case, however,

LONDON, September 15th. The Dublin Daily Express" states that Their Majesties the King and Queen will make a tour of Ireland ofter the coronation.

THE AMERICAN ELECTIONS.

LONDON, September 15th. The Republican primary elections at Washington indicate that an In- urgent supported by Mr. Roosevelt will be elected Federal Senator and two lasurgents and and one regular Republican as Congressmen.

A MANCHURIAN RAILWAY

AGREEMENT..

had their attention called to what were looked on precedents in the Courts at Home, in which foreign govorumeats had appeared, and, noting tat my attention had not been called to them, allowed the Chinese Government to appear; but refrained from giving a definite decision on the subject. I therefore allowed the Chinese Government to appear, and the case was con- ducted by its Counsel, but I indicated that I considered that the matter was open for me to

absolutely poiuit is express donits and considered opinion upon it Now, as to the so-called authorities, the most that

130

Usn

statement of the case

Mr: Potter asked the suspension of the rul for a few days in order to enable them to lay the facts before the Government. They land no guarantee that the man would not be sent out

of the Colony.

His Lordship-When are the fifteen days up Mr. Patter They are up.

His Lordship-I am afraid I have no power, Mr. Potter-Your Lordship has the power to suspend a decision for two or three days.

His Lordship-I am afraid that is a matter for the Executivo.

The Attorney-General-I cannot advise His Excellency the Officer Administering the Govern ment to exercise any discretion, haring regard to the decision of the Court, 1 think it would be a waste of time.

IN BANKRUPTCY JURISDICTION.

Berosz His HONOUR SIR FRANCIS PIGGOTT (CHIEF JUSTICE).

PETITION WITHDRAWN.

Be the Hang Hing Arm, Mr. Blade sskoð fór an adjournment sine dio, as the matter was in process of settlement.

Mr. Putter consented and aidel that the interim order was to be withdrawn.

Mr. Slado-Will your Lorthship giyo na louvo to withdraw the petition?

His Lordship-Yes.

Mr. Potter-Both sition to pay their own costs, AFFLICATION FOR ADMINISTRATION ORDER.

Be Chung Kam Sing, deceased, Mr. Davidson stated that this was a potition on behalf of a ereditor to wind up nu insolvent estate. The potitioner, a stone mason at Shaukiwun; stated that the estate of the deceased contained money in the hands of the military authorities and Messrs. Palmer & Tarror for work done and material supplied.

Mr. Wakomnu pointed out that a traster had to be appointed.

The application was granted.

RECEIVING ORDER GRANTED.

Bo Hang Shing firm, Mr. P. S. Dixon slated that the application was for a receiving order, The act of bankruptcy was the notice of suspen sion of payment of debts. The liabilities wore $10,000 and the assets $5,000,

The application was granted.

A PUBLICAN'S DIFFICULTIES. Be R. F. Daly.

the new ony: be said is that

AN INTERESTING DECISION, the prac

Judgment was delivered in the action brought tice has grown up of allowing the foreign government to appear, and that it has never by 8. A. Marion against Chu Pak Ngok te been challenged, and therefore has never been recover $7,970.85. His Lordship said the case considored by the Courts. In ons case, indeed, was atestausatisfactorily presented by the defend. re Guaria, the Banque de France, complainante nut, and he could not say that he was altogether in France, were represented by Counsel. The satisfied with some parts of the plaintiff's case. LONDON, September 15th.

practive seems to me to be entirely contaary to the So far so the defendant was concerned his Lord- A St. Petersburg telegram states fundamental ideas of extradition. The English ship said he ultimately granted an order for the extradition proceedings are in aid of the foreign appointment of a geardian ad litem becanso that the South Manchurian Railway criminal procpetings: they are instituted by there was sufficient prima facie evidence on Co. and the Kirin-Changchun Railway this English Government at the request of the doctor's certificate that he was of unsound Од this еге mind. But there was no definite evidence that it appears to me he now was of unsound mind. He had not Co. have signed a working agreement the foreign government.

clear that the foreign government cease apps rod, that was all, and the obvious inference at Kwangchangtse.

to have any voice in the matter otherwise was that he was being kept ont of the way and then diplomatic. It seems to me inconceivable that the action was defended by his mother, or that a foreign government should, first ask the the family generally. One thing was abundant English Government to ast, and then construely clear: that he was sane and intelligent when that into a permission to conduct the proceedings. he indulged his craze for motore and on that The letter and spirit of the Aot ass dead against point his Lordship was quite satistiod that the it: If it had been thought advisable, nothing two solicitors who had dealings with biar did would have been easier than to have made what it was their duty to doin the circumstances, only three creditors represented, the amount and that their independout evidence that heowing them being $1,100, but as his of knew what he was about, was to be relied on. Lordship would see his total indebtedness was The defendant's family had not produced him about $3,000, the balic of the difference being to satisfy his Lordship that he was of unsound for costa owing to Messrs. Brutton & Hett, mind-which he was very much disposed to He had to make application for a receiving or doubt and if he was not of unsound mind the der, but he was in hopes that the creditors plaintiff was entitled to the benefit of the fact that would agree to some sort of composition or an

HONGKONG UNIVERSITY.

SIR FREDERICK LUGARD ISSUES AN APPEAL.

LONDON, September 15th. Sir Frederick Lugard, Governor of Hongkong, has issued an appeal for support for the Hongkong University Endowment Fund, His Excellency gives a lengthy explanation of the scheme and dwells upon the unique burden. Another item calling for mention is advantages of the University in under the Ordinance passed last year. The in China is bound to come under the that of the revenue from the liquor duties kong. He remarks that a University approved estimate for the year 1910 deadening influence of Chinese official 8600,000, and it is anticipated that owing dom. to exhaustion of old stocks of liquera, the duties on the imports in 1911 will yield $725,000/ so that expectations are being amply fulfilled

The net rwult of the Estimates for 1911-

The Liverpool Clergy Union has raised £2,000 in aid of the Fund.

Bay

that

Mr. Hett stated that he appeared for the petitioner, who was a partner in the Owl Grill Room. The mattor had been before his Lordship, a partcorship action between the two partners being pending: That case was commenced in Original Jurisdiction, and his Lordship, having regard to the smallness of the assets, dirooted that it should be transferred to the Summary list. It was fixed for trial, but sometime previously two judgments were obtained against his client, the whole of whose assets were in the business, and i had nothing wherewith to pay those judgments. Rather than let his to prica is had filed the petition in bankruptcy. There were

a different procedure; and to the requisition should take the form a request to appear before the English Court to conduct the case. But there seem to me to be many reasons why such a course has not been adopted. The main one is this: that the foreign criminal proceedings have dropped out entirely, except so far as any oridence which his evidence was uncontradicted: The ovidence arrangement for payment in fat-

whole English procedure has been super-

precautions to provide himself with an intelligent

Jaterpréter, if he went about the world entering care of himself: und if a deaf and durab Look

fato contracts, establishingum intelligent system of communications with the persons with whom be dealt, then the law consed to give him any

from his father,

imposed on the foreign proceedings as auxiliary Currency is not given the foreign warrant; the

to it; and, further, the question before the English Courts is entirely one of English law; an arbitrary but convenient test, the reference of the facts to English criminal law special protection. Those things the defendant has been created: so that the questions before, and reduced to its elements the case set up the magistrate are essentially English from be by the family for relief amounted to no more than GREEK NATIONAL ASSEMBLY, ginning to end. And on the habeas corpus the that the defendant was extravagant nod safered- question is whether according to the principles into bargains which were reckless. He was a moa

of property inherited and there was no evidence to show that he could of English law, that is; the English law of LONDON, September 15th.

personal liberty and English rules of construc-

not very well pay for his extravagance. The Opening the Greek National As-tion of Acts and treaty, the person has boon

law had no special protection for him and he must be treated like any other defendant; and HenaKoNG OFFER: 10A, Des Vœux ROAD Caxation is contemplated to ecrer this. The gembly, at Athens, which has been unjustly deprived of his liberty. BUNDEN OFFICE: 131, FLEET STEERT. EO Mongkoktsui Harbour of Refuge is reconvened to revise non-fundamental proceedings, directly a requisition has been sponsible for, over two lakhs of the deficit, clauses of the Constitution, the King order to the magistrate, made thereon, the

the Secretary of State's as lus Lordship had said, as a defendant who had presented and

not chosen to go into the box. When he turned but this is chargeable to surplus balances said he rejoiced over the eminently foreign proceedings dropping out,

to the plaintiff has Lordship confessed that he The reminder of the deficit is expected to be more than covered by the Tuperial Gov pacific manner in which the electors impossible to say that the foreign government was far from satisfied, and in some things he had erament's contribution towards the loss incurred by the Colony on the letting of the Opium Farm.

·P. O. Box, 31. Telephone No. 12.

The Daily Press. Dress.

HONGKONG, SEPTEMBER 16TH, 1910.

is a deficit of close on three laichs of dollars. It is consoling to observe that no new

For selling opinn without a licen os resident of Gutzlaff Street was ordered by Mr. Halifax at the Magistracy yesterday to pay a fine $50, the alternativo being six weeks' imprisonment.

On Wednesday morning there was a collapse at the Ting Lap Ting coal godown on the Praya at Wanchai. Portion of the roof of the godown and the wooden frontagu gave way, but for- tuustely no one was injured.

A. Japanese, who was charged before Mr. J. R... Wood at the Magistracy yesterday with stow

g away from Bingapore on the steamer Hirano Maru, was found guilty and sentenced six weeks' imprisonment with hard labour.

had used the supreme political right. He was confident that the Assembly would overcome all difficulties and prepare healthier bases for working their institution,

CHARTERED BANK OF INDIA, AUSTRALIA AND CHINA,

We are officially informed that the Hongkong office of the Bank has received a telegram from the head office advising that the directors hare declared an interim dividend for the half- year ending 30th Jane last at the rate of 13 per cent. per annum free of income tax.

+

TRE " AGAMEMNON” ASHOLE,

In these

it

is

certainly laid himself open to the criticism that ho had taken the in into his own hands His Lordship en more than one occasion. dealt with the speciffe items of the dispato aud stated that the horse item must be kaoaked out altogether. It was an altogether unwarrantable

His Lordship remarked that the receiving

order aus grat

Mr. Goldring, representing two creditors, opposed the application, which he said was u device on the part of Messrs. Bratton & Hott to secure priority for their costs. The proceed. ings are unscessary, as there was bot, the smalles likelihood of his client putting the man in gaol.

Mr. Ilett said if his friend agreed with Mr Gardiner not to put the man in gaol then ho would withdraw the petition.

Mr. Goldring said that so far as his clients were concerned they would certainly agree to that course,

Mr. Hett said that if Mr. Gardiner agreed he would ask leave to withdrew the petition.

Mr. Gardiner said that so far as the personal debt was concerned he had no wish to put tha man in wan in gaol, but he represented other credits

clair arose in Shanghai. Mr. Hett asked leave to adjourn the matter sine die until his friend had had an opportunity

consulting his crediters. Finally it was agreed that the matter should stand over.

of

A KING AND A SUN-BATHER.

INCIDENT IN A WOOD, Somewhat over zealous enthusiasm for hygiene has been the cause of a distressing incident in Saxony, writes the Berlin correspondent of the Loudon Daily Mai

An elderly gentleman who is an earnest life has been led, as the result of a long:

Thera is. aucther, and it appears to me vary weight to the argument that bad been advanced i student of the rationation of the subject, to

to appear.

it has rece

been bis custom to make excur sions attired in a "reform dress" which he has designed for his own use.

is the party aggrierod. For that there is n analogy between the position of the foreign gor. cramont and that of the complainant in an English criminal case. This English Bench is The Colonial Budget for the year 1911 was

charged solely with the duty of ascertaining whether the English Government can comply presented to the Hongkong Legislative

with the request of the foreign government transaction, and he was bound to say lent mush Council yesterday afternoon, and its most salient features were outlined by H.E. the

important, reason against allowing the against the plaintiff. The claim must be reduced OFFICER ADMINISTERING THE ÚOVERNMENT

foreign government

of Cemusel by $500 and the $100 paid on account must go attach great importance to the beneficent action of aunlight upon the human body. With a view After reviewing the to seoaring for himself the advantages of this in a speech commendable for its clear

for the government take their inatractions from into general account. ness and notable for its brevity. It is, on

the government, and must therefore put forward transactions his Lordship said what he was to treatment he retired to a lonely cottage in the the whole a hum-drum: Budget, but there

official interpretation of the Act or treaty. The do in the face of the jumble of right and woods near the well-known country mort of

recently doubtful as to the soundness of what he was are, as usual, a few items in it of excep

Court will decide whather that view is right wrong was exceedingly puzzling. He was very Heichonberg. Here in the solitude of the forest

Bat it is quite conceivable that a In the first place, we tional interest.

or wrong. foreign government may not at all like this going to do: he did not think it either law or

In this contume some of the more important may mention the announcement that as

aims of civilised dress have been subordinated to official view, and if it were allowed to appear equity, but it was the only thing possible. It a result of the correspondence initiated

independently, we should get the requesting was to leave things just as they were, in spite the hygienio consideration of allowing an- by Sir FREDERICK LOGARD, the Imperial

The steel scrow steamer Agaman of government arguing as to the duty of the of the fact that some of the things which the interrupted access to the body of the rays of (British) Post Office has decided, as-from the end of this year, to relieve the

7,000 tons, owned by the Ocean Steamship Cour requested government, which seems-to-me-im- plaintiff did were quite wrong. It was rougher the sun. The treatment was justified by the On Friday, how-ver, as the elderly health Hongkong Post Office of responsibility for

any, of Liverpool, bound from the Mersey for passible. This undoubtedly was the view of justice than he cared to administer, though benefit experienced from it, which had been very Glasgow, went ashore during a dense fug at Lord Russell when he said in re Galway: "The sometimes it turned out best in the end. There marked Clonghey Bay, on the er. Down coast, the

was just this to be said in the plaintif culturist was taking his daily walk in the sesh- Uby

law officers of the government of the day aro the continued maintenance of the British

scene of namerous previous carusities. The

of Saxony and his two daughter, When His

consist of about sixty, including number

mber here expressing the desire of the government favour: he had genrauteed the defendant to sion demanded by his dress, he unexpectedly the extent of $2,009 and he had a lien on it met the in taking a stroll through the woods Postal Agencies in China.

who were also of Chinese.

from the royal hunting-box of Moritzburg. EXCELLENCY THE GOVERNOR addressed the The Great Nicola," who is described as

All

two treaties only is the subject dealt with, for his work done. So he might be said to have

self-contrel though the two Princesses waro safely takon ashore in the steamer's boats.

for public life, Council on this subject a year ago he stated America's foremost entertainer, "the marvel of considerable alarm amongst the Orientals.

The motor lifeboat and another were launch those with Spain and Switzerland, and I acted in self-defence. Any other decision would Innred

they had oaught only one glimpse of the age that the Agencies began to show a loss the Twentieth Centary and the miraculous

The Great ed, but thoir services were not required. The agres that the articles do lead some colour to the prolong what had been a very costly litigation, are by a long course of training

nised exponent of sartorial simplicity when in 1908, in which year, including the mystifier of both hemispheres."

Nikada is a magician, "the acknowledged King report added that the vessel was in a very argument that the foreign government has a But for this the defendant's people seemed en- military contribution on gross receipts,

would become a total wreck. The forehold was it amounted to $51,172, The Estimate for Mystery," A Japan paper says: "It is safe dangerous position, and should a gale arise ahe locus standi, because they provide that in cases tirely to blams. The result was that the plain-they screamed and fed down the nearest forest The King bimself advanced furiously goal to say that never in Yokohama bas à more re-

full of water.

"whare it may be necessary" the Spanish or tiff must have judgment on the counter-claim path. Acting on the instractions of the owners, a Swiss Governments are to be represented by the and judgment with costs of the whole action on

walking-stick in a theatening manner. Now the past year was a little in excess of that markable and attractive performance been given amount. It was manifestly unfair that the than that by the Great Nicola and his company." unember of tnge proceeded to the scene of the English Law Officers, and vice versa, I am not his claim, less items totalling $870.60, the dethe trembling sun bather, grasping a steat attempted to explain to his Sovereign the ra Colony of Hongkong should be required to When he was in Shanghai last July this clover casualty for the purpose of attempting to float very clear what the words "in cases where it fendant to have $250 costs in respect to the claim crimson with modesty, the latter stutteringly

It is a long

may be necessary" really mean; bat judging for the horso.

son of his lack of dress. The infuriated monarch, however, would hear no excuses and, having bear that loss, and last year H.E. THE entertainer drew crowded houses.

taken the name and address of his primitively Some foar farther charges of obtaining by re Costioni, where the Attorney General ap GOVERNOR was able to announce that he had time since Hongkong was provided with an

attired subject, strode off after his feeing entertainment of this description, and the Great

money by false pretences have been preferred peared for the Crown, and the Solicitor Genera succeeded in inducing the Imperial Gov- Nicola can safely count on as good houses here

indi-daughters, with a threat that he would at once set in motion the extreme rigours of the law against such an enpardonable breach of the ernment to so far recognise its responsibility as he has had elsewhere in the East. He gives against John Grant, the ex-surveyor in theby arrangement" for the Swiss Government, was formally charged before Mr. J. E. Wood grave importance to the foreign government,

usual conventions of outdoor coNSTAKES. as to pledge itself to meet half the loss on his first performance in Hongkong on October Public Works Department. The defendant it seems to me possible that where a case is of as that was, an agreement as to the possity at the Magistracy yesterday and remanded, these Agencies. At that timetheGOVERNOR

5th.

Next mouth Hongkong is to be visited by crew on When the vessel strack theme was that this extradition" shall take placə."

the vessel.

In

stay.

Mr. Alabaster asked his Lordship to grant

His Lordship Why?

a

Mr. Alakastor-I think your Lordship cafed it at the sad of the judgment,

His Lordabip-I indicated justice of s sort,