1910-10-18 — Page 5

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1574

RUBBER TROUBLES AT

I. R. MICHAEL 8, W, V., CARMICHAEL"

This case in which his Lordship had reserved judgment, was called again on the 11st iust, in the Supreme Court at.

Shanghai Mr. Loftus E. P. Jones appeared for the plaintiff, and Mr. 9. Fessendon for the defendant. His Lordship said I have been considering this case very carefully and I have come to the

THE INDO-CHINESE OPIUM TRAFFTC.

A UNITED CHRISTIAN APPEAL.

The following United Christina Appeal for the Ending of the Indo-Chinees Opiam Traffle has been addressed to the Churches and Christian comunities throughout the British Empire:

We have received an appeal from an important representative confereuse on the opium evil, held at Edinburgh

conclusion that at the presant time I have not Missionary Re Zallowing the World

aufficient material to enable mo to decide it. I

addressed to the Arch-

saw yon, gentlemou, yesterday in Chambers, nad bishops and Bishops of the Anglican Com indicated the line I proposed to take, and I anion, and to the fondere of all the Protestant propose also at the prosent time

denominations in Great and Greater Britain. tell you to what fonts i Bud and what further informatting concerted action throughout the tion and argument I must have before I can

Empire on this momentous subject. deal with a case of this kind, and I all ela stato my reasons for adopting a course of this somewhat ungamal nature. The Tools which I am prepared to fad on the evidence are:--

1 The defendant employed the plaintiff to speculate for him on the Shanghai Stock Ez change by purchasing rubber shares for delivery in Juus.

2. The defendant know that he ran the risk of having to accept shares, but was content to run the risk of having to do so, in the expectation and hope that the pinintiff would be able so to

arrange matters as to rendor nothing but differ- onces payable.

3. The plaintiff never contemplated the de- fendant taking delivery of the shares.

The case was beard by me on

JUST BEING PUBLISHED.

}

NEW!

THE SOUL OF INDIA.

AN EASTERN ROMANCE BY O. SCHULTZKY. PUBLISHED BY WM, SUSSEROTT, BOOKSELLER TO H. R. H. THE GRAND DUKE OF MECKLENBURG, BERLIN W. 30,"

The handsomely bound volume; contalaing 140 pages and one engraving, is obtain able through all book-stalls at 3/6, and in a cheaper Einding at 2/8, or 2 rupees.

The stirring ethical and national exemplifactions, founded on the author's most mocont personal experiences amonest Indian and other Easterni nations, are pleasantly elad in the garb of a romance so as to produce a fascinating study enlarging the Knowledge-also in regard to that occult Indian faculty, which almost seems to toitiate a now sense,

This modern English publication Indientes a step forward in the political and to dive at times into the mysteries of creation.

[1186

then count rest the ultimate that with psychical evolution of humanity, and should be read by all those whose thoughts am apt

With the memorialists we recognize the gravity of the present crisis. We welcome also the assuranco given in the highest quarters that it is engaging the serious attention of our leading statesmen. Wo

solation of the fancial problems involved; and we share the hope expressed by the World Jasionary

Mary Conference that the British Emporial and Indian Guvern monts may be able to meet the flatcial diff. culties created by the cessation of the opium reventa in a way that shall not in a nor taxation of the muss of the people in India ner injure the Fandatory States concerned."

T

NAPIER JOHNSTONES'

Empire; and we have good reason to believe that they tre nations to answer it. But that it abould be done and done is quickly as possibly is a tained by all citizens who care for the honour of "SQUARE BOTTLE" decision which ought to be asserted and main. the nation, most of all by those who profess and

call themselves Christians,

The duty is the more argent becaużo we canot with what seem to be the pennine desires and

I when I'took time to consider. It day last misalons in the Far East, we agree with the without additional shame hesitata to co-operate

was practically Bried

without pleadings, the indorwment on tho writ does

not sat one the terms of the contract, or the customs of the Shanghai Stock Exchange relied

on. The defence besides the

allegation that this was a gausing and wagering coutract, contains a general traverso of the liability and loss which the plaintiff must be taken to here alleged himself to have suffered the action being by way of indemnity) and of his haring performed puy service which untitles him to indozanity.

By this plas the whole of the torms of the routinet aro iu issue, and the manner in which it was carried out, as well as whether the contract is void under 8 and 9 Viot. e 109.

The issues are therefore not sufficiently defined, and I shall, ander Ra's 123, frame the following isar of fact. I know that it is tch a course at this stage, but at I have said the matter is of and my judgment may

anusus! to ta!

in addition to

to

Chermore imp

sffect millions

money. I

I cannot do justice

to the issues on the very mengre materials I bave, and shall therefore direct a farther

consideration of this matter and gire leare to the parties to advance from evidence on the points other than those I have already found.

issues of fact are as follows:--

A. What are the terms of the contrast between the plaintiff and the defendant

B.

What customa of the Shanghai Stock Exchange are alleged by the plaintiff to goveru the contract? Had the defendant knowledge of them!

C. Did the plaintiff in fact purchase the shares which he undertook to purchase for the defondant ? and if not, what was the contract wade with the selling brokers?

D. Has the

paid any plaintiff sccount of liabilities incarred by him in conso quence of the content in this case F

runi on

..

E. What liabilities did the plaintiff incur (s) in purchasing shares on the Stock Exchange (b) at the time of the settlement in consequnes of the defendant's contract and refusal to take delivery

F. Has the plaintiff committed a breach of contract by refusing to sell shares when requested to do so by defendant-

I may point out that the application of certain rule of the Stock Exchange in other casas doos not necessarily bind the Court as between the present parties, and I would particularly direct counsels attention to the case of Robinson Mollett and othom reported in L. R., 7EL L p 803. I shall deduce from my fadings on the ission the legal position of the parties and their mutual rights and liabilities.

I may add, gentlemen, that I bare carefully excluded from these issues anything but plain ізацен of fact. For instance,

to make myself clear and for your information so that yon may know

toms of the Shanghai Stock Exchange are a legal by the plaintiff to govern the contract? Had the defendant knowledge of them? There might be a farther question, which, however, it question of law

Ia view, however, of the moral issues at stake, and the effect of our national action on Christian memorial that the present situation constitutes an urgent need for the expression of Christian efforts of the rulers of China. I cordially conscience, that nothing can justify continuance in an evil now so fully acknowledged.

We commend therefore the following surges. tions to the attention of the Churches and con- gregations throughout the Empire; sad while not wishing to dictate, shall rejoice if the Bishops feel able to recommend its adoption throughout their dioceses, and the Protestant bodies throughout their respective denomina-

tions.

1. That each parish or congregation, either directly, or by means of societies or meet- be invited to adopt a memorial to the Home Government, in harmony with the recent recommendations of the Central Board of Missions of the Church of Eng- land, and with the findings of Commission VII of the World Missionary Conference on the subject, asking

(a) that China be formally released from Treaty obligations to admit opium ¡ (6) that the connection of the Indias Got.

vernment with the opina

export trady

be brought to an end.

2. That the occasion for this memorial be as Bear as possible to Monday, October 24th, that being the 50th anniversary of tho ratification at Peking of the Treaty of Tionisin, under which the import of out Indian opium became for the first time leg. alized. If this dato be found inexpedient, it is suggested that snoh notion be at any rate taken before the close of the year.

5. That the incumbente or ministers of the various Christian Churches throughout the Empire be invited 1 to

prench (whore pracfi. cable) a sermon on the

Bunday, presions setting forth the very painful story of our opinm relations with China in the past; the prejudicial influence on the cause of mis- sions exercised ofort of by the traile; the heroic of China, at vast pecuniary loss, aliko to Government

and people,

to free herself from the opiam curse; and the wrong on the part of Great Britain of continuance in that which Parliament has unanimously condemned as "morally indefensible"

4. That in consonance with the Resolution of

the Lambeth

Conference of 1908, which calls upon al Christian people to pray

fot the repression of the opium evil

special prayer be offered for the objects named above, and for the guidance of the nations in thus dealing with this prolitle sence of degradation and misery. For the glory of God and the honour of the name of Christ in China and the Esat, such prayer is earnestly asked for at Воде and

abroad

Lambeth Palace, B.E.. Auznat 3rd, 1910. Day Mr. Mayer, As the outcome of your

with

in

"gree with you and theas with whom you are acting that a special effort should be made to instruct and invite the Christian public opinion of the nation, so that it may strengthen the Government in pursuing a courageous polior of reparation.

Yours very truly,

COMO EBOL.

WILLIAN ARMAGH JF. DUBLIN, Archbishop of Dublin. WILLIAM BOOтn, General of the Salvation

Army

W. BHECHIK, Primus of Scottish Episcop.

al Church.

J. K. CAMBRON, Moderator of Free Church

of Scotland.

W. CARLILE, F. under and Becretary of the

Church Army.

HENRY

THOMAR CHAPMAN, President of the I nited Methodist Church. WILLIAM CLOUGH, President of the

Wesleyan Reform Union.

ARTHUR HEATH, Principal, Moration

Ming onary

Collage.

SAMUEL 8. HENSHAW, President of the

Primitive Methodist Conference. JOHN HORRABEQUE, President of the

Wesleyan Conference. C. SILVESTER HOEND

Congregational

President of the

J. WEST DAY JONES, President of the

Conütees of Huntingdon's Churches.

J. H. JOWETT, President of the National

Free Church Council. Gro. W.

MACALPINE

Baptist Union.

President of the

JAMES MELLIS, Moderator of the Presby

terian Church of England.

PRASION MCADAM MUIB, Moderator of the General Assembly of the Church of Bootland.

J.

HOWARD MURPHY, Moderator of the Presbyterian Church in Ireland. OWEN PEYS, Moderator of the Prosby-

terian Church of Wales.

HENRI LLOYD WILSON, Clerk of the Yearly Meeting of the Society of Friends Joan Youge, Moderator of the United

Free Church of Bootland.

THE DISCONTENTED ENGLISH- WOMAN:

A JAPANESE VIEW.

Mr. H. Kanazawa, Professor of English at the Paris Bobool, Tokyo, has addressed the

what I want, take “B” for instance--"What matter to me and of the intervies which I following Interesting letter, to a London con.

and others upon the present temperary you position of the opium question, I write, in full accord with you in desiring that the subject candlestick. One can see the salient features accordance with premise, to say that I am

We have a proverb in Japan: Todai nuoto kuraski- the darkest place, is just below the should be kept before the public in England, and of a range better from a distance than whon where reminded of England's peculiar respon-of a foreigner may have the merit of being in *sibilition in this sations and I difficult matter. Ne

not

in there. "Is the defendant to be bound by them that people should, as occasion serves, ba every basy on the mountain itself. The rough view

That

i

can look without a sense of national sell one can look with satisfaction, and few, I think,

perspective.

Before I left my country a friend said to me: Kanazawa, there in also the Women Suffrage movement find why it is most developed that we admire in Anglo-Saxon countries so much.

although he did not know them? question of law to be deduced from the argu. ment. I asked you when I handed you copios of these issues yesterday to consider whether there was anything further you wished, and I and even shame, at the record of our should be pleased to hear you,

country a relation to the spin question. I am statesmen, both in the India Of certain that at this moment our responsible Fereign Office, are as anxious as any of us can ond the be that right should be done, and that affect Japan-if it does arise ze shall have, as we have This question is not yet a pressing one in

desire now widely entertained in Chins, and not ence of the West to guide as-but it seems to should be given as speedily as may be to the bad before in many other matters, the experi- less eagerly endorsed by us, that the train me to be the most important in England to-day, which has caused so much mischief should come. because it affects the rels ions between

Mr. Fessendon said that he had no sugges tion, but he would like to ask whether Counsel should assume that "was intended to cover

the whole of the June settlement?

His Lordship-In so far as there are liabilities, Mr. Fessenden-Any fact conaceted with that settlement which in our judgment would affect the relations of the parties?

the to an end. For the exact manner of bringing sexes. If the vote were all that Englishwomen Hie Lordship-It seems to me that unless the this abo at I am myself willing to rely primarily wanted this question would not be so important, plaintiff bae contracted liability which is enforceable in law it would not be possible for on the efforts of the statesmen to whom but I think that "Votes for Women" is only Lim to enforce it against

referred, but it will be defendant except tha the

o Tho are promotie an assistance. to one expression of the general discontent with in the absence of some special contrast.

both Chins, in Indis, and in is not a ruling, but an opinion in order to guide abundant evidence is given that

go

hace

That

you as to what you would be entitled to farred

I that his Lordship hadi

Mr. Jones sid to the fact that he handed Counsel copies of these issues the previous day. From that state-

nient it might possibly be thought that tho present proposal and the way in which the case should be dealt with was a matter of concurrence or consent on the part of Counsel. His Lordship had directed that the matter be dealt with in this way entirely as Judge, and did not consult the parties.

His Lordship--I have not consulted the Farties on the subject.

Mr. Jones-But what I meant to say was that I had not concurred in this way of dealing with the case.

His Lordship-No.-N.C. Dady News.

LATEST STEAMER MOVEMENTS.

The 1.6.1. str. Prins Bite! Friedrich loft Shanghai on the 15th instant, at 5 p., and usy be expected here to-day af 61.10.

The F. & D. S. N. Co.'s et Namur left Singapore for this port on the 15th instant, at and is due era on the 20th instant, at about

30

A.I.,

Book.

The C.F.E. Co's str. Empress of Japan arrived at Koba at 8.30 am. on the 15th inst.. and loft again at noon same day for Yokohama, where she is due to arrive at noon on the 16th instant.

The M.M. str. Tonkin, with the French Mail of the 25th ultime, and mails from London of the 24th

altimo,

laft Singapore on the 17th instant at 4 p.m., and is expected to arrive here on the 244h instant, at daylight.

The P.M. str. Mongolia, which sailed from Hongkong on the 17th ultimo, arrived at San Francisco on the 15th instant

in this country is strannomaly on their side.

cause,

il

the relationship between the sexes here.

English people forgot that the relatioza be tween the sexes in their country is very peogliar. First of all, men and women do not enjoy them.

without

moro

At the recent mooting of the Central Board of salves in each other's society so much as else. Missions of the Church of England emphatic ex where. The man play games or sit in their pression was given to the conviction that the clubs and smoking rooms by themselves, Tho effectual repression of the cpiam evil will not be lovers in the parks are silent, and have no attained until

(4) China is formally released from treaty ways for each other; they hope only that friends

will see T

them with in fine dress

girls obligations to admit opium.

In Japan there is no enjoyment for young (b) The connection of the Indian Govern the society of women Dar men are

people ment with the opium export trade is immoral than the British, but we understand brenght to an end. (c) Measures of prohibition of opium, except brutal, we can please them when we like.

women botter, and, although we are sometimes for medicinal uses, are enforced through out the Crown Colonies where the opium babit prevails.

A like opinion was expressed in connection with the which aissionary Conference in Faliubarat, representatives of different Churches and ustionalities.

did not matter: orhaps it was a rood thing, it In the old days look of appreciation of women kept Englishmen moral and hard at work. But now strength only will not bring him a wife. For although Englishmen are not so much in need of female society they must desire a home. The whole subject can appropriately he Therefore, my Bawer to my

friend's brought before Christian people both in town question is that the Huffrage movement--which and country by te elery and ministers of a sit-conania aling dissatisfaction religion Belvas by effective study

to the

mind.

WHISKY.

いつま

1745.

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FOX

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108-

A by others who have qualiftof them.gat-conscious feeling of

with

the general attitude towards women of guidance and instructor de la abject to Anglo-Saxon mes. There is another case, On the Day Proceding the Departure of the I entirely approve of such rise and

well-consid

common to all Western countries, that is con. English Mails from the Year of the Closing ered steps being taken as may facilitate this nepted with it, and that explains why women of the Indian Mints to the Free Coinage of action, and thus help by the blessing of God can give now so much time and attention to Silver towards bringing the evil to an end.

political questions such as these.

FROM 1893 TO 1905; very truly, RANDALL CANTUAR. Bishopathorpe, York, August 10th, 1910.

1.

ALBO

I will speak openly. You talk of the Yellow Peril. We have a mying, “Defeat comes from within. If there is Yellow Peril you are RATES FOR SOVEREIGNS,

Dear Mr. Meyer-The present position of nursing it. Europeses suffer from over-refine the epium question demands the earnest attenment of a special kind. They banish from their tion and action of Christian citizens. We thoughts and conversation everything relating

have come to see the wrongnees of our own to the physical side of existence; wealth, town attitude as a nation in the opium trafic life, European domestic architecture, &o., telp Unfortunatoly it is easier to see the wrong to cover up all the processes of Nature, with the then to set it right How this is to be done is result that when the latter are forced on their question which must be answered by the re-atlantion thay vive women a shudder. This ponible Governments of India and of the shudder is the Yellow Paril.

GOLD LEAF, BAR SILVER (From 1900), and other Useful Information.

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