1912-05-17 — Page 3

Page

TELEGRAMS.

(TEROUGH HLUTER'S AGENOL)

THE LOAN TO CHINA.

LONDON, May 16th.

A WITNESS' FEE.

THE HONGKONG DAILY PRESS, FRIDAY, MAY 17′′¤, 1912.

In the hearing of the building dispute before the Puiane Judge in the Summary

Jurisdiction of the Supreme Court yesterday an interesting point was raised regarding the payment of Government servants called as witnesses. (A

THE HANDCUFF CASSINA

JUDGMENT RESERVED.

The hearing was resumed yuterday afternoon of the action at the instance of Lieut. B. 4. Law, of the K. O. ¥. L. 1, against M. F. Raymond, profesional con. jurer, for $1,000.

Mr. Fotter, who had intended calling The case was adjourned from the pre- Mr. Wright, of the Public Works Depart-vious day to allow the defence to produce ment, as a witness, but decided not to so,

The bankers enpresenting the six Powers concerned in the propoed lost to China conferred all day. They are ex-explained that Mr. Wright if he had been picted to meet again to morrow..

called had been instructed to ask for an attendance fee under section 29 of Ordin- anco 3 of 1873. It was a point for his Lordship to decide."

LATER.

The Daily Telegraph, in referring to the meeting of the Six Powers' representa- tives in London, says it has transpired that Austria has applied to participate.

U.S. PRESIDENTIAL ELECTION.

LONDON, May 16th. Reuter's San Francisco correspondent Lelegraphs that the returns of the Cali- fornian primaries indicate that Colonel Roosevelt has oasily defeated President Taft. Many women voted.

SUPREME COURT.

Thursday, 16th May.

IS SUMMARY JURISDICTION.

Baroka Mr. H. H. ‍}, GompreTZ (PUISNE JUDOE).

ALLEGED BREACH OF CONTRACT

His Lordship-What do you want me to decide 7

Mr.. Potter-Whether Mr. Wright is

entitled to a fee under that section.

His Lordship-Surely the Registrar decides that?

Mr. Potter-I think the presiding judge must decide that. His Lordship

Thore are taxation matters.

Mr. Potter-I am told that Mr. Wright has been authorised by the Government to ask for this fee.

His Lordship-Where does Mr. Wright | come from-the Public Works Office ?

Mr. Potter Yes..

His Lordship He is certainly entitled to his chair fare up and down.

Mr. Potter-I don't suppose day party would grumble to pay his chair fare.

His Lordship-Would the fee go to Mr.. Wright or to the Treasury ?

Mr. Wright said it would go to the

Treasury.

Mr. Potter He was instructed to make this application.

His Lordship-The money goes to the

Alexander Kotas, George Maidonis,.and George. Tsantsacopulos, traders, occupy-Treasury. ing premises at the old Post Office, sued: Li Hing, bruder, of 152, Queen's Road, for $1,000 for damages for breach of contract whereby defendant agreed to erect verandah on the premises occupied by the plaintiffs.

Mr. Eldon Potter, instructed. by Mr. Reader Hacris, of Messrs. Wilkinson and Grist, appeared for the plaintif, and Hon. Mr. C. G. Alabaster, instructed by Mr. J. H. Gardiner, appeared for the de- fendant.

Mr. Alabaster-I do not know that the

another witness.

HONGKONG LEGISLATIVE

COUNCIL.

not aware of the erection of the banskoo | scaffolding to which he alludes, and I cannot give him any information with

INTIMATIONS

regard to it will have inquiries inace SUN PILSENER

Council was held yesterday at the Coun-plots, precedence will be given to the the A mesting of the Hongkong Legislative carrying out the work of enclosing those respecting it. I may mention that in el Chamber, **

opposite the Law Courta.

"...

The following were present:......... His EXCELLENOX THE OFFICER ADMINIR- WEEING THE GOVERNMENT, Hon. Mr. CLAUD SavERN.

HIS EXCELLENCE THE GENERAL OFFICER COMMANDING THE Troops, Major-Gentral C. A. ANDERSON, C.B.

Hon. Mr. C. CLAMENTI (Colonial Hon. Mr. C. G. AraBSTER (Attorney

The witness was Mrs. Outerbridge, Kowloon, who appeared on sub-poena. Secretary). She spoke to hearing the challenge made by Raymond on the night in question.General). She saw the key thrown over the handcuffs, and saw a friend of Mr. Law's put the key. in Mr. Law's fitingers..

thought the point of the key being placed Mr. Harris-I must object to this. I

in the lock by anyone else was dropped.

His Lordship--So did I.

Mr. Goldring-No my Lord.

Mr. Harris-Then I must recali all my witnesses.

His Lordship-You are bound to do so. unless this point is dropped.

Mr. Goldring-I am sorry if my Lord has a wrong impression, but I never drop- ped the point.

Witness said that when Mr. Law got the handcufis on, he went over to his friend, who seemed to put the key in the fingers of Mr. Law. Mr. Law turned slightly away from the audience. M, Law seemed to release himself almost as soon as the handcuffs were put on..

|

Hon. Mr. A. M. TROSON (Colonial Treasurerį.

HIS EXCELLENCY-I am very new to Hongkong, but I can sympathise with the mover of this resolution regarding not quite clear which is the finest site. the disfigurement of these sites.

I am I have been three months in the Colony and I understood that the nest site was the One opposite the Hongkong Club. two sites beyond the one opposite the Apparently it has been extended to the

that the whole of this land is the finest Courts. I am quite prepared to agree

necessary at the time that the cook-house site. It seemed to me to be rather un- Hon. Mr. E. R. HALIFAX (Registrar-be there, but, as the Director of Public and other buildings referred to should General).

Hon. Captain F. J. BADKLEY (Captain- The site opposite the Courts will be Works says, it is impossible to avoid it. Superintendent of Police).

flou. Sir Kar Ho KA1, D., C.M.G.

prepared as a lawn

vary shortly. Hon. Mr. WEL YUK, C.M.G.

It will ultimately all be laid out as Hon. Mr. H. E. POLLOCK, K.C.

lawns and gardens; and alter the rail- Hon. Mr. C. H. Ross.

ings are put up the contractors will not be able to put anything down. Hon, Mr. E. OSBORNE,

Hon. Mr. W. CHATHAM, C.M.G. (Direc tor of Public Works).

Mr. R. H. UROFTOR (Clerk of Councils).

MINUTES.

The minutes of the previous necting were read and approved..

FINANCIAL MINUTES.

of His Excellency the Officer Administer The COLONIAL SECRETARY, by cummond ing the Government, laid on the table Financial Minute No. 22, and moved that it be referred to the Finance Committee COLONIAL TREASURER seconded, and the motion was agreed to.

FINANCIAL

The COLONIAL SECRETARY, by command of His Excellency the Officer Administer- ing the Government, laid on the table the report of the Finance Committee (No. 4), and moved its adoption.

The COLONIAL TREASURER seconded, and the motion was agreed to.

"THE FINEST SITK."*

Mr. B. Webb, who was one of the committee who went on the stage, was also called. He said that Mr. Raymond offered £100 to anyone who would release himself from the handcuffs, if they were properly locked, and without assistance, and in full view of the audience in the opinion of this Council, it is desir Hon. Mr. POLLOCK-I beg to move that, Whether these were the exact words heable that the plot of land to the west of could not say, but that was the gist of the new law courts should be cleared and Mr. Potter--So I understand. It is it. Mr. Raymond gave Mr. Law the key turfed, and that the work should be taken test case.

and repeated his first offer. Then events

in hand at once. Sir, I have reluctantly come to the conclusion that the Public came rather quickly, and he could not Works Department of this Colony are Law Officers have advised this as being see what happened except that Mr: Law very deficient in their appreciation of the a test case.

turned his back slightly to the audience. beautiful as applied to the laying out of this city. Quite recently, sir, the finest Witness then heard someone on the stage site in the Colony has been handed over say something about the cuffs not being to the Chinese contractor for the erection locked. Immediately after that, Mr. Law of a matshed for workmen, & latrine, and had one hand loose and Mr. Raymondparent justification for that course woul cook-house. But, sir, although the ap made a dash for his right wrist. Then be the presumed desire upon the part of there was a struggle. He thought the key and level the space of ground to the west the Public Works Department to clear was handed to Captain Warden in fun of the Law Courts, it has been in a very sent 7-Yes.

His Lordship-Was. Mr. Raymond pre-shameful condition for some months past, and forms a very bad background indeed to the statue of His Most Gracious Majesty the King. But, sir, although for a time it seemed that progress was being made in the direction of clearing and levelling this plot of ground, I am sorry to say that

His Lordship-The Government · are deprived of the services of Mr. Wright for three-quarters of an hour. It is really

a Government matter.

Mr. Potter-Yes, it is the Government who have suffered the loss of time.

Mr. Alabaster-I have had no instrue- tions one way or another. Your Lord- ship will note it is the employers' loss of time, and it is the witnesses loss of time for which your Lordship is asked to make an order,

His Lordship-It is very dificult think it had better be mentioned later.

Did Mr. Raymond "say without sist auce 7-Yes.

What did Capt. Warden do?-He put the key in Mr. Law's Angers,

Witness further stated that only a few Mr. Potter-1 mentioned it because Mr.ecconds elapsed between the putting on Wright had no opportunity of doing so. of the handcuffs and Mr. Law getting entitled to his chair fare.

His Lordship- think Mr. Wright is free.

Mr. Potter-Yes, the chair fare is such

a nominal sum.

The matter was not pursued further at this stage.

By Mr. Harris-He did not have a free seat, and did not have dinner with Mr. Raymond that night. He had met Mr. Raymond at the Hongkong Hotel and had had dinner with him. It was all done so quickly that it was hard to say what did happen.

Mr. Potter, in outlining the facts of the case, said that on or about 14th July last Mr. Kotas, a partner in the Turco Egyptian Tobacco Company, which car ries on business at premises known a the old Post Offics, approached Mr. Haze- land, architect, who was acting on behalf of defendant, for the purpose of getting a lease of a portion of these premises. Defendant had leased the old Post Office from the Government. The landlord was also present at the interview and terms were discussed. The landlord agred to build a verandah on these premise, and a portion of the premises with venndah attached was let to plaintiffs for a sum of 8376 per month.

Plaintiff was pro- mised that the verandah should be finished by 15th September. He was told it might take longer, but there was never any sug gestion that it was not intended to build a verandah or that it was intended to re-

A memorial service in honour of the iste pudiate the contract. He thought he Sir Joseph Lister, of England, was beld. could satisfy his Lordship' that the lease' on the 2nd inst. in the Japan Hygienic provided for the erection of the verandah. Sucioty building in Koji-mochi, Tokyo,

Mr. Harris-But it must help my under the direction of members of the Plaintiffs had been, unable to get their Japan Chirurgical Society, the Japanese friend's case because he has been telling verandah, though they were paying for Army Surgeons' Society, the Naval Sur- this since we started, it. He thought it was obvious that to a geons' Society, and many other medical ship finish the case to-day ?

Will your Lord business of the kind conducted by plain- institutions in accordance with the Bbinto

His Lordship--I will sit as long as tiffs a verandah was of considerable prac-rites. Among those present at the service

were Sir Claude MacDonald, British Am- think proper. tical importance. The verandah was to bassador in Tokyo, Admiral Saito, Minis- be erected outside over the pavement.

His Lordship--Will the Government

allow that?

SIR JOSEPH LISTER AND JAPAN.

GREAT ENGLISH SURGEON'S MEMORY

HONDURED IN TOKYO.

Mr. Goldring--I will eall an expert on bandcuffs.

Mr. Harris-I must object; this is not évidence.

His Lordship Then if it is not, it cannot hurt your ease.

I

intely there seems to have been some stay in that progress. At the present day, sir, you will see a number of piles of materials if you go down and view the ground, of various descriptions standing heaped up upon it. Now, sir, I strongly object of ground for the storage of this material. to the contractor having two large plots

Already in the space of a few short weeks he has dotted the finest site in the Colony with various heaps of material in very liberal fashion, and consider it to be altogether unnecessary that this space of ground to the west of the Law Courts should be dotted in a similar fashion, The plot in question is. I believe, part of what is officially known as Royal Square, and I think, sir, that it is in the public interest that this plot of land should be turfed as soon as possible, in order to make it uniform with the other portion of Royal Square, which is under the con-

trol of the Government, and which has

Sir Frederick Lugard's explicit instruc

The DIRECTOR OF PUBLIC WORKS-By

as the finest site has been, ordered. His tions no railing enclosing what is known Excellency's orders were that that site was not to be enclosed by a railing, but caly the plot opposite the Law Courts.

the remarks of the Director of Public The COLONIAL SECRETARY-In view of Works, it will not be possible for the Government to accept this resolution exactly as it stands.

I would suggest that instead of the words "at once," at the end of the resolution, the words, As soon as possible," be substituted.

pared to accept that amendment.

Hon. Mr. POLLOCK-I am quite pre- The motion was agreed to.

BEER.

Nothing like it.

OBTAINABLE EVERYWHERE.

H. RUTTONJEE

& SON,

•LAW REVISION ORDINANCE (NO. 3), 1912.

The ATTORNEY-GENERAL moved the first reading of a Bill entitled; "An Ordinance WINE & SPIRIT MERCHANTS. to amend the Law Revision Ordinance, have in their possession were laid on the 1911." Since the papers which members table the editor has sent me a communica tion asking me to move in Committee certain amendments to the schedule pro- vided for by this Bill. With your per- mission I would move that the proof revised by the editor be substituted for the oreof on the table.

the motion was agreed to,

The COLONIAL SECRETARY Conded, and{

The ATTORNEY-GENERAL ored that no

pars

much of the Standing Orders be suspend

as would enable the Hill through all its stages that day. the motion was agreed to.

The COLONIAL SECRETARY Seconded, and The ATTORNEY-GENERAL then moved the second runding of the Bill.

The COLONIAL SECRETARY seconded, and the motion was agreed to.

Council then went into Committee to

consider the Bill clause by clause.

On Council resuming,

Bill be read a third time.

The ATTORNEY-GENERAL mored that the

(33

Chs. J. Gaupp

& Co.,

XANDRA BUILDINGS

CHATER ROAL

The COLONIAL SECRETARY seconded, and WATCHMAKERS, the Bill was read a third time and passed. LAW AMENDMENT ORDINANCE (50, 3), 391.

The ATTORNEY-CORNERAL mured the first reading of a Bill entitled, "An Ordinance to amend the Law Amendment Ordinance, case of the last Bill, the editor at one 1911." In doing so he said-As in the

o'clock sent me a revise in which he has made certain amendments which I shall

move in Committee.

The COLONIAL SECRETARY gezondet. The ATTORNEY GENERAL moved that o much of the Standing Orders be suspend- ed as would enable the Bill

рана through all its stages that day.

The COLONIAL SECRETARY Seconded, and the motion was agreed to.

The ATTORNEY-GENERAL bloved the second reading of the Bill.

The COLONIAL SECERTARY Seconded, and the motion was agreed to,

Council then went into Committee to

consider the Bill clause by clause.

On Council resuming,

The ATTORNEY GENERAL reported that the Bill bad passed through Committee with slight amendment, and moved that the Bill be read a third time.

The COLONIAL SECRETARY seconded, and the Bill was read a third time and passed.

already been burfed. It has been suggest ed, sir, I believe, that this turfing should remain over until the railings have been put round this plot and the granite pillers put into place, but I see no real reason why any such delay should take place. Such turfing seems to be desir able so as to make it uniform with the other plot of land mentioned. One would hardly suppose it is beyond the wit of gan to supervise the Chinese contractors in putting railings and granite pillars round a plot of ground in such manner reading of a Bill entitlect as to prevent them from damaging the ance to repeal certain enactments relating Only this morning, sir, a to the law of Copyright." In doing so fresh intrusion has taken place on this be said-Last year in the United Kingdoni

THE COPYRIGHT REPEAL ORDINANCE, ID12. The ATTORNET-General' moved the first

An Ordin

te of the Navy, Surgeon-General Baron Mr. B. Server, Exile Garage, a Ishiguro (retired). Dr. Aoyama, Presi mechanic, said he knew the particular dent of the Medical College in the Imhandcuff because he was an inspector perial Tokyo University, Dr. Kitazato, where the handcuffs were made in New Dr. Teaser and other prominent physi York. It was, something like the figure cians, the assembly murabering two hun dred in all. The service was conducted in eight pattern of handcuff that he was turf itself.

most impressive manner, presided over examining. He thought it was impossible by Mr. T. Senge, the Grand Master of for any man to free himself even with ground in the shape of a bamboo scaffold- an Act was passed which will apply to that the Director of Public Works does Rites, who was assisted by five priests and the key. He had never known it to being which has appeared on the eastern this Colony when its provisions have been

Mr. Potter-They applied for permis

sion and got it,

His Lordship-I know as a general rule

Mr. Potter-It would probably be the width of the pavement.

done.

By Mr. Harris-It was an easy matter, if the handcuffs were not working pro- perly, for one side to open and the other to remain locked.

Mr. Goldring and Mr. Harris having reserved till Saturday.

side, and put in close proximity to the new Law Courts. When the Director of Public Works replies to this resolution I shall he very glad to hear from him what reason able explanation there is for this strange intrusion upon this plot of ground.

Hon. Mr. OSBORNE-I was hoping that

That Act

proclaimed by the Governor. repeals a number of the earlier Imperial Acts which have been reproduced in our local Ordinance. The application of the Act to the Colony will necessitate the. repeal of this Ordinance, and it is better that it should be expressly repealed.

of the antiseptic treatment in margery. — addressed his Lordship, judgmnet was the hoa, member opposite who proposed This Bill repeals these enactinents.

the resolution was also going to include Clause will delay the operation untit the "finest site." I wish he had, because I the 1st July. On that date it is hoped think that as long as this plot remains this Bill will be passed and the proclamt- waste ground it must always be a temptation made on the same day... tion to lend it to contractors, and it The COLONIAL SECRETARY seconded, and will remain an everlasting eyesore. It the motion was agreed to.

The Objects and Reasons attached to

not love these verandahs.

a body of musicians. Dr. T. Honda, Pre- Mr-Potter-All we wanted was a shelter sident of the Japan Chirurgical Society. representing the promoters of the ser- to keep off the sua.

vice, read an address, in which he eulogiz His Lordship That would cover the ed the great service rendered by the late pavement.

Lord Lister to humanity as the discoverer Dr. Baron K. Takagi next read an in English, pointing out that by the dis covery made by the deceased the medical world of Japan derived enormous benefit

TIGERS ON LAMMA ISLAND. in surgical treatment. Bir Claude Mac Donald, Admiral Saito and others present then made offerings in honour of the the Chinese in the Stanley district re- Some time ago, it may bé remembered, deceased in accordance with the Japanese

will be an excellent plan to have the whole The ceremony over, those present ported that a tiger had visited the locality, and the fact that live stock had disappeared lent color to the assertion. Shooting parties were urganised. but "stripes" was never bagged. It now appears that the tiger has come back to his old haunts, and brought with him one or two companions, for during the

rites.

were served with tea in another room, and the party dispersed at four o'clock Japan Gazette.

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If You Wear

TORICS

you know you have the best. If you da NOT, you bave not yet done the beet you can to give your eyes comfort. It is possible to correct the vision of eyes that need glasses without using TORIC LENGES. It would also be possible to use a motor car without preumatic tyres, but it would not be as comfortable. If you have failed to and real ere comfort, try a pair of TORICS. The deep inner curve conforms to the natural motions of your eye. Their advantage in particularly noticeable to players of tennis, gol, cricket, and billiards. Made in clea

Hin Lordship-What do you want it for ---table and chairs as on the continent?

Mr. Potter-Oh, no. We want a shelter iroin the sun and the rain. There is no doubt that if there is a verandah people

of the ground, including the finest site, the Bill stato: The Copyright Act 1911 are more likely to stop both in wet

turfed, and the Government released from (1 and 2 Geo. 5 Ch. 48) will, by virtue weather and in sunny weather and look

the temptation of lending it,

of the provisions of Section 37 (d) thereof, in the windows and be attracted to the

The DIRECTOR OF PUBLIC WORKS-There apply to the Colony on its proclamation could be no objection to the adoption of by the Governor. Its application to the wares. I hope to be able to entisfy your

this resolution if it were practicable to Colony will necessitate the repeal of the Lordship that the loss of the verandah is a

give effect to it in its entirety, but with enactments mentioned in the Schedule to serious one, and that the claim for 81,000.j

the work now in progress of erecting an the Bill. It is intended that the Ordi- ̈ is not an exorbitant one. As a matter of

ance shall come into operation at the enclosing railing round the plot of land The Bombay superintendent, P. & O. fact, the verandah is in fact built. It is

it is impossible to carry out the work of same time as the Proclamation. an iron verandah. It was built in Kow-Co., writes to the Press: I have had many past three or four days, cows and pige turfing in a complete manner. The spac

enquiries during the past few days as to have been carried off at Lamma Island is very limited and the operation involved whether the P. &. O. Co.'s steamers are and even from the vicinity of Stanley in the erection of these railings is bound reading of a Bill entitled, "An Ordin- adequately equipped with sufficient boat No fewer than twelve head of cattle dis-it, and therefore it is desirable that the tion of the Full Court." In doing so he

glass and tinted shades. to encroach to a considerable extent upon ance to make provision for the reconstitu accommodation. To allay any anxiety Mr. Potter then dealt with the corres there may be in this connection I would appeared in one night on Lamma Island operation of turfing should be postponed said--Under the present system, the pondence and the plans supporting the like to inform the public through your and the inhabitants report that they had until the railings have been completed. Colony has only two judges, and although plaintiffs' claime. He understood that medium that an ample number of boats frequently seen spoor resembling that of The contract for that work is uois in pro- it is fortunate in the judges themselves, the defence would plead the Statata of is supplied in overy ship. Not only are tigers. With one exception the cattle had gress, as my hon, friend on my left me- any system which has only two judges of Frauda. Counsel then quoted cases to show there sufficient boats for the fullest com-

tioned, and the railings are expected to appeal, and one of them the judge appeal. that a building contract could not fall plements of passengers and crew that each been seized by the throat, One or two of arrive in the Colony within the next few

ed from, is unsatisfactory. Under the within that statute,

steamer cani carry, but a liberal margin the animals were partially eaten, but the weeks. As regards the heaps of material present arrangement the Chief Justice by is allowed for besides. There may there bulk of them had not been eaten. A deposited on the ground, they will shortly virtue of his seniority is given a caating Mr. Alabaster addressed his Lordship, fort be absolutely no anxiety whatsoever number of pigs were also carried off from have heen dag, in order to form a founda- Limsolf and the Puiste Judge who ha

be deposited in the open trenches which vete, so that an appeal from him goes to i and the case was adjourned.

in this connection so far as this company's Po Toi, a small island off Stanley, stcanners are concerned.

tion for the base of the railings. ¡1′′am }

(Continued on page 5.}

loon and is on the premises. It only needs to be put up.

:::

THE PULL COURT ORDINANCE, 1912. The ATTORNEY-GENERAL Inoved the first

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