1912-03-30 — Page 2

Page

SUPREME COURT

Friday, March 29th..

IN SUMMARY JURISDICTION.

BEFORE M1. H. H. J. Gowerstz (FUISNE JUDGE).

DENTIST AND HOLDIEL,

His Lordship delivered judgment in the case in which Drs. Kew Bros, claimed $36 from Sergeant Wreford, for dental ser- ices rendered. Mr. Goldring appeared fur the plaintiffs and defendant appeared h person. In giving judgment, his Lord ihip said:-

This is a claim against a Sergeant

THE HONGKONG DAILY PRESS, SATURDAY, MARCH 30th, 1912

HONGKONG SHARE MARKET.

Messrs. Varnon and Smyth in their weekly share report dated March 29th state:--

The market during the past week has ruled firm for all local investment stocks the outstanding feature being the sharp advance in Indo-Chinas, for which a good demand still obtains for both home and

"Rubbers local account.

have not

actuated to any material extent during the interval, and close steady. Discount rates are quoted at 3 per cent. (Bank of England) and 3 per cent. (open market rate) with Bar Silver at 28 14/168., and Sterling T.T. at 1/11). The T.T. rate on Shanghai has advanced to 724.

BANKS.-Hongkong and Shangbais are slightly firmer at 8555 with sales and prob- able sellers, Again, it

The London rate is un-

in the Royal Engineers for a debi due placed every soldier out of the reach of appears that the gate has hoen as a rule changed at £83,

in respect of dental services rendered to

with no other obfect in time of peace than I would have prevented his pony from fall- to escape the legal consequences ofing over, and that having failed in this peguniary embarrassment, and the enlist ment, with unlimited furlough, might be duty they are liable to him for their fraudulently urged against the honest negligence. I am of opinion that both claims of creditors. The action of Parlia these contentions fail. In the first place, ment was directed to these ends, to prevent the plaintiff has failed to show that he the soldier fret from being trusted, by ordering his officer to cry down his fiman has any right "to graze his pony on" cial credit in each town which the regi this land. He had, I think, no more right pent entered, and afterwards from being than a mere trespasser, but even if I can taken out of the Army, by those who had call him a licences that gives him no right Wrongfully trusted him, to the injury of

As against the Company. There is the public service: Thua the 3rd Act of George 1st 1715, declared that no nothing to show that the Company have "volunteers

"should be taken out of the control of this land or that the manage Army by any process other than forment could prevent animals from straying criminal matters, and the Act of 171 there if they ao desired. 1 should think authorized any Justice to discharge, such prisoners from arrest without the payment that as unoccupied Crown land this of an fcc. As applied to volunteers only, pasture would be under the control of the society was safe from the release of con- Public Works Department. victs or of imprisoned debtors, but it the law in regard to making any open since at any rate December 28th. It bim by the plaintiffs who are dental sur pecuniary compensation for torta com seems very probable that it was open geons. The question is whether defendant mitted or for any other legal obligations before that date. At any rate there is contracted by him. The Lords made this actually agrocil to pay to the plaintiffs the grievance a subject of

no evidence that it was even closed or that protest," and amount, be it what it might, by which their Parliament endeavoured to meet the dith- any representation to that effect was ever account to him should be in excess of the culty in both aspects, first by enabling just made to the plaintiff. Furthermore, there Bum allowed by the War Office. On

debts to be recovered, and then by proventare, it appears, unfenced portions of the ing the soldier from being withdrawn inquiring into the facts I have come to

from the Army by an arrest fraudently line accessible to any animal straying on the conclusion after some slight haritation arranged with a conniving creditor. The the grazing ground. If the plaintiff made that the money claimed is actually due Act of 1717 accordingly provided that no investigation of the locality but left on a contract between the defendant and the debt or damages should amount to £10 his ponies to wander on land from which at the least, and he proved on oath.The at any time, either through an open gate, the plaintiffs. But the question then

Administration of Justice under Military arises whether this amount tan be Martial Law, page 66.

or by reaching the line where it was un- recovered, having regard to the provisions

fenced they could get into trouble, I think of section 144 of the Army Act with respect

he cannot lay the responsibility of this to debts under £30. The defendant has

action upon the Company. It seems that formally claimed the protection of the

quite recently another pony of the plain- Baction.

tiff's had somehow strayed on to the line and had varied the monotony of life at Taipo Shan by cantering along the plat- form. (Laughter.) My judgment must be for the defendant with costs..

tbe matter

not

hearing the

MARINE INSURANCES. Urions have been

booked at $860, and Cantons at the im- proved rate of 8200, both closing with buyers, North Chinae, Yangtszes, and Chine Traders are unchanged, and with out local business.

FIRE INSURANCES.-Hongkongs have been booked at 8350, closing with sellers at $332. Chinus after sales at $125 have improved to a buying rate of $128.

SHIPPING, Hongkong, Canton and Macaos are firm at $28 buyers, and no shares obtainable under an advance. Indo- Chinas after sales at $63, 364 and 868, have further advanced to a buying rate of 874, at which the market closes strong. China and Manilas are in request at 8111 Star Ferrys at $20 and 918 for the old and now respectively, and Shell Transports at 95 ex rights..

REFINERIES-China Sugars have not moved to any material extent, and close steady with buyers at $103, ex the dividend of 85 per share for 1911 paíð on the 25th inst. Luzons have receded to a buying quotation of $30.

WAR ORISES AND THE BANK OF ENGLAND.

IN THE GOLD RESERVE SUFFICIENT?

Could England meet the financial strain of a first-class war upon the banking sys- tom That is the question discussed in most important article in the Round Table.

London alone among the financial cen- tres, it is pointed out, has undertaken the task of meeting every legitimate demand in gold at all times and to any amount. And yet, paradoxically enough, her reserve of the precious metal com- pares unfavourably with that held in several other capitals.. The Bank of France holds gold to the amount of £128,000,000; the Bank of Russia, £125,000,000; the Reichebank, £55,000,000. while the Bank of England, with world- wide liabilities, has only £25,000,000.

The only gold reserve in Great Britain is the sum of £35,000,000 or so lying in bullion or coin in the vaults of the Bank of England, together with the stock of metal held by other banks-in all, per- And in previous in- haps, £70,000,000. serve has been reduced almost to nothing ternal panica in England the Bank's re- in us on

Since 1895 the world's gold has in- creased by £1,000,000,000. A great por tion of this huge sum has passed through London, because London is a free mar ket. Gold comes there freely, because it can be freely taken away again. But we have retained little. Since 1885, while the United States have absorbed about $200,000,con and Russia and other countries very large amounts, London, the great gold mart of the world, has retained only about £20,000,000 £30,000,000.

or

London is the bank of the world and the world's clearing-house. Bills on Lon- don are the usual means of settling all forms of indebtedness between this coun- try and the outside world, and are largely ised by other countries also to settle MINING-Tronohs have local buyers at debts as between one another. The 73/8, but otherwise there is apparently Clearing-House authorities have estimated little life in the market under this head. roughly that the amount of foreign and Raubs close with sellers at 341, Heawoods Colonial bills paid in London in 1910 was. at 6/3, and Chinese. Engineerings at 377. $1,200,000,000. London lends her credit DOCES, WHARVES AND GODOWNS.-Hong-to foreigners to the tune of hundreds of AN EXCELLENT PRODUCTION AT THE THEATRE. kong and Whampoa Docks have been millions at a time, and in such a way that booked at $43 and close with buyers, vast sums may be called 'from it without Kowloon Wharvey have been done at 850 notice, whereas it will not receive the and $57, and New Amoy Docks at 201.eover" due for these sums until two or Shanghai Docks are quoted at Tls. 65, three months later. and Shanghai and Hongkew Wharves at Tls 37, both nominal.

"THE MOUSME."

soldier, then, to be effective, it must bind those who choose to deal with him. I may of course be wrong in my view, and it is of course possible that should a similar case again ariee, I may find it necessary The Bandmann Opera Company, who have arrived here with a brilliant reper- on hearing argument, and on a fuller con- sideration, to change my opinion. For toirs which includes several productions the present I will only say that, to the

new to Hongkong, opened their season in best of my judgment, the section is in Hongkong last night with "The Mouame," force in this Colony. The plaintiff has

a beautiful play which has aroused no not, I think, given the notice required by little interent by reason of the auccess This the provision, and he cannot therefore, which it has achieved in London. have judgment. I do not, however, think

success might have been attributed by the the writ is bad. If his solicitor desires cynical to the glamour which the Orient it. I am willing to adjourn the hearing. has of recent years thrown over the people If in the meantime the defendant is duly at Home who have seen nothing but the served, the plaintiff at liberty to come picturesque aspect of life in Japan and in here and prove his case, and get his judg-China and who have been entranced by

its glowing colours, but those who wit ment for what it may be worth.

It is often very difficult to decide a question of the construction of an Actin the absence of authority, and without

point The matter is not free from argued. I have not found it easy to make difficulty. First of all-comes the question up my mind, but on the whole I am whether this section of the Act is in force inclined to find, having regard to the in the Colony of Hongkong. The defen- scope and policy of the Act, that this dant is of course a person subject to section was intended to apply in the military law and therefore by virtue of Colonies. The section itself is stated, to section 2 (2) the Army Act applies gen-be binding on the soldier. If it binds the orally to him. Again he is a soldier of the regular forces and therefore comes within the special provisions of section 144. But this is not enough, for there is a further question--whether the section is also binding on the plaintiffs, who are civilians. In the United Kingdom the Act of course has a general force and effect sau the section binds anyone who has dealings with a soldier. In a Colony simple, for it is frequently not easy to decide whether &0 Act or pert of Act is meant to apply to the King's subjects abroad. There is in the Statute no such express extension of its provisions to the British Colonies as is found, eg, in the Merchant Shipping Act-nor does there appear any such clear intention that the Act shall have a general force outside the United Kingdom as can be found in, e.g., the Regi.nental Debts Act. The rule course is, that Parliament, while possessing undoubted authority tu legis late for any part of the Dominions of the Crown, will not, however, be presumed by the Court to have intended to enact a law to take effect outside the United Kingdom unless such intention is clearly to be If

A QUESTION OF LIABILITIES. gathered from the enactment itself.

Mr. Gompertz delivered judgment in the section is really in force here it will of course apply to persons not soldiers the case in which Mr. Harold West, Taipo,

of

08

Mr. Goldring asked that the case benessed the production last night must con- adjourned sine die. It was really in the cede that the comedy had intrinsic merits

which fully explained its popularity. nature of a test case.

His Lordship said the plaintiff must give notice to the defendant under the pro- visions of the Act. He informed defen- dant that even if he received due notice in writing he need not attend the Court

unless he chose.

The case was adjourned sine die.

and not even subject to military law-that claimed the sum of $100 from the manage is, to any person who may chance to givement of the Kowloon-Canton Railway,

"The Mousme" is a composite comedy written by Thompson and Courtaeidge, the lyrics being by Arthur Wimperis and Percy Greenbank, and the music by Lionel Monckton and Howard Talbot, and as Mr. Thompson spent some littlę. time in Japan a year or so ago it may be taken for granted that he has not been led into the popular stage delusions. re- Barding the geisha and Japanese in general. But what gives the comedy its particular grip is that it possesses more of a plot than the ordinary musical

a decided dramatic flavour. It concerns

credit to a soldier of the regular forces, being the value of u pony alloged to have comedy, and the story is one which has been destroyed by the negligence of the defendants or their servants. Mr. P. W. the love affairs of O Hana San, a young Goldring was for the plaintiff, and Mr.giri who is a singer in the Temple at the

and the effect will be to deprive that person of his remedy in the usual course of law. This does not of course mean that

LANDS, HOTELS AND BUILDINGS.-Hong- kong Lands continue in request at 8100, with sales reported at 3100 and $101, Kowloon Lands are in request at $34, and Humphrey's Estates at $261. West Points have been booked at $3 and $54 and Hong kong Hotels at $100 and 887 for the old and new issues respectively.

COTTON MILLS.-Hongkongs have been booked at $5..

MISCELLANEOUS. China Providents have been in steady request at 87 and close firm: Salce are reported of Diary Farms at $21, Cements at $4.40 to 24.60, Electrics at 822, and Watsons at #57. Langkats quoted this morning at. Tis. 76 bave since weakened to a selling quotation of Tls. 73 London quotations (middle price) were LONDON QUOTATIONS. The following received by wire to-day:-

United Berdangs Batu Tigas

111/3

77/8....

Saponge

25-

Ledburys

60/-..

London Asiaties

11/-

Linggit

371-3

2/6 premium.

13/6 premium.

73/9

E. & I. Trusta Rubber Trusta Tronchs

Hongkong Electric Trams 3/7 Shell Transports

98/- Chinese Engineerings 36/3

54 sellers. Para Rubber

BRITISH NAVAL GUNNERY.

he is without remedy-only that he must P.M. Hodgson, Assistant Crown Soli-Shrine of Tsumara. Her lover is Captain issuing the gunnery resalts for 1911 ex-

citor, defended.

LIABLE TO A RUN,

The danger, therefore, of London's pasi- tion is that foreign countries are always in a position to withdraw large sums from the London market, and to withdraw them

gold.

in

The important question is whether our supply of gold is sufficient to meet these obligations in suck a crisis as a war with Germany. Supposing that Germany de- clared war,.

A crisis in the money market would be at once precipitated. Everybody

A

sams

INTIMATIONS

It is Criminal to Neglect the Skin and Hair

THINK of the suffering Lentailed by neglected skin troubles mental because of disfiguration, physical be- cause of pain. Think of the pleasure of a clear skin, soft, white hands, and good hair, These blessings, so essential to happiness and even suc- cess in life, are often only a matter of a little thoughtful care in the selection of effec tive remedial agents. Cuti- cura Soap and Cuticura Oint- ment do so much for poor complexions, red, rough hands, and dry, thin and falling hair, and cost so little, that it is almost crimi- nal not to use them.

Calienam Boap and Olstment arð sold thronskont the world. A liberal sample of ouch, with 32-p. booklet on the same and kreatment of the skłu nał hair, post-free from nesront depot: Potter Drug & Chom. Corp., néis props., Boiten, U.S.A. 1 Newbery,

· Dept, ILX, 37, Quartozkovas By Londoni Il Towns to.. Sydzor. N.B.W, Lennon, Ltd., Cape Tomas Muller, Alicano. Caloutta and Bumiay

87-B

Chs. J. Gaupp

& Co..

ALEXANDRA BUILDINGS,

CHATER Roat..

AND JEWELLERS,

OPTICIANS,

would be seeking to place themselves in WATCHMAKERS, a position to meet their engagements. Money would dry up. and the Bank rate would be forced to

At high figure.

the time, there would be a tremendous fall in value of all securities on the Stock Exchange, so great a fall that the Stock Exchange might even have to be closed. Banks would have to carry" their FINEST QUALITY customers who had borrowed against securities, and would find a large part of their assets unrealisable. The dia count market-e., the bill market- would be no beller off. Business would be at a standstill, paralysed by suspi cion. The value of a bill depends on

names the soundness of the

on it,

DIAMOND JEWELLERY

and there would be no firm which might | ENGLISH,

Our not be unsound in such a time. foreign clients, too, might in many cases

have great difficulty in remitting us for the bills falling due accept- ed on their account.

Cover

THE DANGEROUS PERIOD. Given time, says the writer, we could. pay our debts, but the question is whether we should be given time.

A SPECIALITY.

AND

SWISS

AMERICAN

GOLD AND SILVER

BUS | CLOCKS

"There is little doubt that in order to prevent internal demands from ex- hausting the Bank's resources the Bank Act would have to be suspended and a free issue of bank-notes legalised. But bank notes are no good as an Interua tional currency, and everything, there- fore, would depend on the action of our foreign clients as a whole. If they took fright and demanded immediate pay ment in gold, London might have to put up her shutters as a free gold mar ket, simply through lack of time to save herself by the realisation of some of her immense assets abroad..

The most dangerous period, there fore, will be the few days or weeks after the declaration of war, or, if it was quite clear war was inevitable, the few days before that declaration, when our enemies might attempt to withdraw as much money as possible. What hap pens will depend upon the coolness of mur own people, and the view which foreigners take of our strength. If we are defeated a financial collapse can hardly be averted. So long as we are reasonably secure against defeat Gught with luck to be able to pull- through, shaken no doubt, but not per- manently damaged.

It is significant, says the Naval & Military Record, that the Admiralty in Fujiwara. He is threatened with ruin at

presses no opinion as to the character of avail himself of the limited one provided

the firing. In many respects the return by the Act and that he must follow the His Lordship said-The plaintiff, who is the hands of a brother officer who has un- procedure there given. Shortly stated the a survey officer of the Public Works De scrupulously foisted a gambling debt upon of the Test of Gualayers with Heavy Guns is disappointing, owing to the position effect of the section is that a soldier of the partment, was the owner of two ponies his rival, but O Hana San learning of his regular forces cannot be taken out of his which from April, 1911, he was in the evil machinations frustrates them with which is occupied by the new ships in the First Cruiser squadron. The East Indies. Majesty's service by any process of any habit of turning out to graze on a piece the assistance of Suki, the fortune-teller, First Division of the Homo flest and the court of law or be compelled to appear in of unoccupied Crown land adjoining his and redeems the debt, without her lover's squadron, owing to the high standard of knowledge, by selling herself to the leader efficiency attained by the Highfger, the person before any court on account of any quarters in a Government bungalow at of a geisha-troupe. She sends the re only vessel in the command which com- claim for a civil debt where the amount Taipo. It appears that a predecessor of

fleet, although the Highflyer did not as a an exquisite parting scene with her lover matter of fact do as well as the Minotaur of the claim does not exceed £30, but there the plaintiff's grazed his pony on the same ceipt anonymously to Fajiwara, and after peted, stands at the head of the British

Iand since 1905 and eattle belonging to

she takes her place in a tea-house as on the China station: The China com- is a provision that a person having a cause

Tocal Chinese also pastured there fium

geisha. A dramatic turn, is given to mand, of which six ships fred, really of action may, notwithstanding anything

The plaintiff had never

events by the return of Fujiwara from the holds first place, with the Atlantic & bad in the section, after due notice in writing, time to time.

Believing certain lying third, and closely followed for the fourth proceed to judgment. He can then have asked or claimed permission to use this Russian war.

place by the Mediterranean command. execution other than judgment, other than pasture and he paid nothing in respect stories circulated about the girl by his Next in order come the Second and Third against the person, pay, ammunition, of it. His ponies were put on the ground rival, he turns from her in scorn: Hap Division of the Home feet, and the or unsecured and unattended. There is no pily all ends well through the agency of seventh and eighth places are taken respes- equipment, regimental necessaries

and then, Fourth Cruiser squadron, clothing of such soldier. So that in effect statutory obligation on the Railway to the General's daughter, whose enlightened tively by the Australia squadron and the the section binds a creditor in two ways, fonce, and in fact only some 15 per cent. ideas regarding marriage smooth out almost at the tail of the Return, comes the first of all he must give a proper notice or less of the line is protected by fencing. the differences which had separated the First Division of the Horae fleet contain- and then after judgment his remedy by There is a fence on the north-west side of lovers. The story is distinctly Japanese, ing the ships with the rest modern guns

and the best equipment. execution is limited as provided by the the line where it adjoins the grass land, but it is one which is understood by all. position taken by this section of the Home Act. There is perhaps no particular and this fence has a gate in it, made The language of love may be taken as fleet is most disappointing, and it may hardship involved in the requirements that formerly for the convenience of the universal, and the tender scenes may be be anticipated that the Admiralty will

as typically Japanese snd make a thorough investigation in order is the best protector of London's gold

ascertain the cause of this falling off. It notice must be given. The notice should, occupant of one of the Railway bunga-described

The gate is now used by the typically Western. Affaires de cœur seem

is true that all the ships of this division. I suppose, be to the effect that the soldier lows.

to run pretty much the same in the East except the Collingwood, St. Vincent, and is not bound to appear in person and that inhabitants of Taipo Shan village is a

Vanguard, fired for the first time, but if judgment goes against him the creditor short cut to the railway station. Appar-as in the West.

curiously enough among the armoured ships of this section of the Home fleet it has only limited power of exccution. It ently an December 28th, the pony jumped was considered in early times to be through this gate as the train was passing

is the Superb and Nenture firing for the entirely in accordance with public policy and galloped along the line inside the

assisted in lifting the general average. for a variety of reasons that neither fence until it reached a bridge over the

first time which did best, and materially

the person, pay, or military appointments river. There the fencing ended and the of a soldier should be liable to be taken pony fell down a step, bank and was killed.tain Fajiwara, the ardent lover, while Mr. The plaintiff stated that te gate was In execution for petty, debts.

usually left open, that is to say, after the date of the accident. Before that date he had not noticed whether it was kept open San, the General's daughter, and Mr. for

or not.

Bobby Roberts and Mrs. Alfred Frith are responsible for not a little comedy in their respective parts.

A learned author writes on the subject as follows:-

the soldier The arrest of debt involved different considerations. In the first place, where conscripts had

The case for the plaintiff rests, I been impressed, or felons (to escape the punishment of death), or insolvents, (that think," on the allegation that there was a duty on the defendants (1) to keep the gate closed, and (2), to continue the fenc

cf perpetual imprisonment), had catered the Army, it was important to society to keep them there. On the other hand, nen, then as now, might enlist into the service ing by a return fence at the bridge, which

The success of the comedy is assured by the capable artistes who take the makes a charming O Bana San, and has principal parts. Miss Marjorie Tempest a good partner in Mr. Farmer as Cap-

E. Granby is very effective in the role of Yamaki, the unscrupulous brother officer. Miss Frampton is well suited as Miyo Ko

The relative

0.8.K. STEAMER STRANDED.

100 PASSENGERS IN AWKWARD PLIGHT.- The O.S.K. steamer Chikugogawa Maru, which left Chemulyo at 3 p.m. on the 17th instant, ran into a gale when about five miles off Kuusan, and got stranded. The steamer listed about 40 degrees, and fear ing that she would capsize the passengers -100 in number-landed on the rocks near The rousic was very tuneful and encores by. Assistance was sent from Kunsan, were frequent, and the scenery was but owing to the high seas the boats sent to the rescue of the passengers were unabio to approach. picturesque and very effective.

We

"The British feet," adds the writer,

reserve."

THE UNITED STATES NAVY.

FOURTH OR FIFTH PLACE!

Mr. Meyer, Secretary for the Navy, appeared before the House Committee for Naval Affairs recently, and urged the continuance of the battleship programme of two new battleships a year. He said that at that rate by 1916 the United States would be only the fourth naval Power in the world, while only one new battleship a year would mean a fall to fifth place, with Japan holding third. Mr. Meyer also. asked for an appropriation of one million dollars for the establishment of a wireless telegraph system throughout the world that would enable American battleships everywhere to keep in constant communication with each other.

WATCHES.

of all descriptions.

If You Wear

TORICS

you know you bave the best. If you do NOT, you have not yet done the best you can to give your eyes comfort. It is possible to correct the vision of eyes that need gissees without using TORIC LENSES. It would also be possible to use a motor-car without preumatic tyres, but it would not be az comfortable. If you have failed to find real eye comfort, try a pair of TORICS. The deep inner curve conforms to the natural motions of your eye. Their advantage is particularly noticeable to players of tennis, goll, cricket, and billiards. Made in clear gloer and tinted shades,

CLARK & CO.

OPTICIANS

WORK BLOGS, CHATER, RD"

HONGKONG

75