1912-07-25 — Page 3

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SUPREME COURT,

Wednesday, 24th July, IN SUMMARY JURISDICTION. BEFORE MA. H. H. J. GoмPBETZ (PUISNE JUDGE).

A NURSE'S" CLATE."

The claim by Miss Emmu S. Hamiltou against Mr. H. W. Looker for $1,000, damages for wrongful dismissel, was heard before his Lordship and a special jury consisting of Messrs. F. Maitland A. R. Lowe, and L. Berindongue. Mr. Reader Harris, of Messrs. Wilkinson & Cirist, appeared for plaintiff, Mr. Looker appearing in person.

THE HONGKONG DAILY PRESS, THURSDAY, JULY 25гn, 1913.

!

COMPANY MEETING.

STAR FERRY COMPANY.

An extraordinary general meeting of the shareholders in the above Company was held yesterday at the offices of Messrs. Jardine, Matheson & Co. The Hon, Mr.

attended Mrs. Looker on deck, fetched her tea with an amah. Plaintiff related the chair for her, and did other things details of the interview she had with Mr. because she did not like being ordered to Looker when he dismissed her, refusing lo them. When Mrs. Looker suffered to compensate her or to pay her salary.. from a chill she massaged her and under. When she went in to say good-bye to Mrs. took a great many duties which did not Looker, the latter kept her talking for come within her agreement. On arrival two hours and tried to persuade her to in Hongkong, this continued, and Mrx remain on. She told her that was impos C. H. Ross presided, and there were pre- Looker not only got rid of her wash amah sible. Plaintiff referred to having re- but dispensed with her own amab, as ceived letters addressed to her which were sent:-Sir Paul Chater; Mr. E. Shellim, plaintiff invariably assisted her in the opened by Mr. Looker. On another oc- Mr. D. V. Stevenson (directors), Hon. same way as a maid would have done if casion he opened a Spectator addressed Mr. E. Osborne (secretary), Messrs. G. H. she had had one, duties which did not fall to her, his excuse being that he wanted Medhirat, H. A. Sicbs, T. F. Hough, Plain W. C. Boonar, C. Friesland, M. S. within the duties of a child's nurse, to read it coming up in the tram. There had been strained relations between tiff complained that Mr. Looker used to Northcote, J. Hooper, A. A. Fyfe, He One of come in to breakfast, every morning in his Fook, F. C. Macdonald, Wong Kam Fuk, Mr. Locker and plaintiff. several grounds for dissatisfaction which pyjamas. Plaintiff mentioned that when Wong Kwok Kwong, and Wong Chick the plaintiff had was that immediately she went to town with Mrs. Looker she Cho.

The Secretary, having read the notice after arrival in Hongkong Miss Hamilton paid for her own ticket. After arrival received two letters and a newspaper ad here, Mrs. Looker underwent an opera convening the meeting, read the following dressed to her. Though they were pri- tion, and plaintiff did everything for resolutions to be submitted to share vate letters they were opened by Mr. Mrs, Lanker afterwards. Plaintiff spoke holders Looker. In consequence, Miss Hamilton to having started a drill class also, doing wrote to her lawyer to have her letters the additional work voluntarily. At the addressed to her at the Peak so that she time of her dismisss! there were eight could receive them direct from the post- months of her agreement to run at £5

The dismissal took place on June salary per month and she was also en 20th, the birthday of the child. A certitled to board and lodgings and passage Mr. Maitland thereafter took-his-seattain child and her mire had been at the money-borne. as foreman of the jury.

When the jurors had been called, Mr. Maitland explained that he was a trustee under the marriage settlement:

Mr. Harris said he did not object to Mr. Maitland.

.

His Lordship. He either goes or stays, Mr. Harris-I have no objection. Str. Maitland--I don't think it would influence my decision, but I thought ought to mention the fact.

Mr. Harris then read particulars of the defence, which was most detailed,

Mr. Barris said he proposed to set forth his views as to the law relating to wrong fal dismissal, the grounds upon which a master was entitled to determine a con- traet with his employes. The first ground was wilful disobedience to any lawful order by the master.

Mr. Looker-You are not putting that to the jury t

man.

॥੪

-That the capital of the Company he increased from $200,000 to 2500,000 by the creation of 10,000 new shares of $10 each, 2--That when the present reserve fund of the Company exceeds $100,000 the directors be and they hereby are authoried to distribute $100,000 portion house in the morning.

Cross-examined-She took up nursing thereof amongst the persons who When plaintiff was engaged placing candles on the birth because she wanted something to occupy registered se shareholders of the Company day cake. Mrs. Looker asked her if she herself with and because she was fond on such date as the directors may decide had asked the child who visited her of children. She took up nursing after by way of bonus in proportion to the daughter to return, and plaintiff said her father died. She had private means number of shares held by them on such certainly not," adding that Mrs. Looker of about £240 a year and was able to live last mentioned date and that such bones had told her the children would have with hor mother and sistors if she liked.

be payable on such date as the directors nothing to do with each other. Mrs. When she started nursing she had only way appoint. Looker replied that she had never said £40 a year, but after she had this £240 such a thing, and called her a "wretched she preferred to go on working. She had Women,"

Then she said Go away, I worked for five different families before don't want to speak to you." Miss engaging herself to Mrs. Looker. Hamilton replied, "Yes, that's what you Is it your view that a trained nurse bas always do when you don't want to hear different rights and privileges to an un- my aide of the question." After the lady trained nurse and is in a different posi- who was at lunch had departod plaisciff tion to an untrained nurse ?--I think she went to have a talk with Mrs, Looker, and | has. asked her if she were annoyed.

HAMBURG LETTER.

ESPECIALLY WRITTEN FOR THE HONGKONG DAILY PRESS."]

HAMBURG, July 1st. KIEL, REGATTA,

The Regatta at Kiel, or the Kiel week as it is called here, came to an end last

week and was equal in interest, and brilliancy to any of the previous onea, being the twenty-fifth since the founda tion of the Imperial yacht club. Numer- ous yachts flying the flage of most mari- time nations bad assembled in honour of the occasion. and the weather boing for the greater part of the time fine, if some what squally, the spectacle throughout was bright and gay. Great Britain was well represented, and it will no doubt please all at home and abroad to hear that the much-coveted challenge cup for one-ton yachts was carried off by the Burity, and thus returns to England once moro.

The Commodore of the Royal Thanus Yacht Club, Mr. Pim, presented a copy of the Cumberland Cup to the Emperor in commemoration of the event and as a token of gratitude-for the hos-- pitality extended not only to the club but to all British boats on this and all other occasions. His Majesty, apparently much gratified, signified his acceptance with a few suitable words of thanks, concluding with the wish that the cordial relations that had at all times prevailed between . British and Gorman yachtsmen might continue and extend to the two peoples.

A MOTOR VESSEL

3.That the directors may be authorised to offer at par to every person registered as a shareholder on such date as the The appearance of the large motor directors may decide one new share of the vessel the Pian, built in the yard of Mr. Harris-Yes, the question whether

Company for every complete two old Messrs. Burmeister and Waine in Copen- the facts justify dismissal, and if they

shares held by him on which all calls have hagen, created considerable sensation, it did not justify dismissal the amount of

been paid, such now shares being equal being the first of such a size that has damages to which plaintiff is entitled.

in nominal amount to the bonus payable ever been launched and, if successful, Continuing, be said that the jury was entitled to take into consideration all the

to him for every complete two old shares likely to cause a revolution in naval facts leading up to the dismissal, and the would not listen to what Miss Hamilton nurse has the right to say whether certain

In what respect 1-1 think a trained held by him under the last preced-architecture. After an exhaustive trial special facts of the case such as regarded had to say, declaring that she did not treatment is good or not and to say howing clause and that the nominal amount trip of several hours it was bought by the the place where the service was being per- formed, also as to the fact that plaintiff want to speak to her again. Afterward; a child should be looked after and in of such new share be paid to the Con- Hamburg-Amerika Line and re-christened

what way it should be managed.

pany on or before such date as the Christian X., in honour of the King of What is the difference in the position directors shall appoint, buch now share Denmark. It looks like a vessel of, say, was engaged by defendant who knew the Mr. Looker say plaintiff and told her that Fast and plaintiff was ignorant of the she was dismissed and that she was to of an untrained nurse with experience to participate in the first dividend de- 8,000 tons, but owing to the absence of

East, and the jury should take into con- sideration the social position of the par

Lins.

The

leave on Saturday. That was on Thurs day. He said that she could leave Hare kong on Wednesday following er Satur Mr. Louker-That is a point we dispute. day week, Miss Hamilton told him that Mr. Harris-I dispute every word of he could not turn her out of the house like that. Mr. Looker said he would not your case. I am setting out my case, Proceeding, he said the jury would have pay her fare and that she could cable 1o consider whether there had been sub-home for money. On Sunday Mr. Looker stantial disobedience and whether the told her that she would have to leave the master had provoked the employee by his following day, and on Monday after her ક્ષમાdu.

The next point was habitual things had been packed Mrs. Looker tried neglect of duty, and then there was gross to indues her to remain, but plaintiff said insulence or rudeness to the employer in that was impossible. which the social position of the parties and the customary language of the people in that condition must be taken into ac

Mr.

count, Gross incompetence was another ground, but this was not alleged. Roughly, those were the grounds upon which dis- missal could be justified, and the onus was on defendant to prove those groumis in justification of the dismissal. Harris then went on to relate the facts. His client, he said, was a lady of good She was the daughter of an position. advocate at the Scottish Bar, a gentleman wh was Sheriff of Edinburgh, and she Was the noice of General Sir William Stirling Hamilton, Baronet. In 1902 she Joined the Norland Institute, which is a training home for lady nurses for child

Plaintiff then went into the witness box and bure out the opening statement of her solicitor. She mentioned that in the training institute she had been nick named "Pongo," and when Mrs. Looker called her that she told her that it was a name which she particularly disliked. Mrs. Looker said that she was already known in Hongkong by that name. Mrs. Looker persistently called her "Pongo,"

was ill, and a

and a trained nurse --I don't know. maintain that a trained nurse was in & I confess I agree with you. Do you different position to an untrained nurse,

No. Plaintiff never said to Mrs. Looker that if people were determined to get their own way they would get it. That had not been her experience. She did not tell Mrs. Looker that as soon as she heard of her application to the Norland Institute she was determined that Mrs. Looker should pick her. As a matter of fact she and hesitated whether to accept the place, She had long wished to visit the East, but she never told Mrs, Locker that she preferred to travel luxuriously to the East in some one's employ rather than do so on her own means, She denied hav- Sug declared that she would leave when ever she pleased, as she had signed the agreement under protest.

Have you found the Hongkong climate had for your memory-No.

The houring was adjourned until to-day.

point.

THE POSITION IN CHINA.

A PESSIMISTIC VIEW,

Some

{

of receiving one half of the dividend paid machinery its carrying capacity amonats in respect of the shares fully paid up on

4.—That no shareholder shall be entitled to an offer of any fraction of a now share in respect of an old share held by him.

INTIMATIONS

HAD BAD ECZEMA

ON BOTH HANDS

Unable to Do the Slightest Thing. Irritation Almost Drove Her Mad. Cuticura Remedies Cured Her. No Return of Complaint Since.

**About twenty-six year agɔ I had a very bad attack of ecserna on bail bands and

unable to do the slightest thing. I did not know what to do for mile!. The ccom appeared on the backs of both heads and between the tigets. in the form of small pimples which were filled with a clear' Bold, the bands being very much awollen and the trita- flon so bad that almost drove me mad.

"This state of things went on for a long time and I kept on trying a kinds of remitten without deriving any bene At from them. Al last, seeing an advertise- ment about Cuttura Remedies, I decided to give them a trial. I therefore sent for a vet of the three remedies, Cuticurs Soup. Cullenza. Ointment and Cuticura Resefreni, vakar 78. d. and soon obtained retiet. I continued using the und they entirely cured me. My hands wem entirely healed and although it. is now twenty-9lx years ago that I nas cured. I am happy to say that I have never once had the lightest retum of this distressing complaint, thanks to the Cullera Remedies which I must eay mught to be in every Bome." (Signed) Mon, Sheldrake, 30, Upland Road, Ipowich, England. July 12, 181.

For more than a generation Cutitura Soap and Ointment have afforded the most ma -pomical treatment for affections of the skin end scalp. A single cako of Catkum, Sue}▸ and box of Chalcura Ciniment are often suti. cient. Sok throughout the world. A sample of each with 32-p, book free from nearest depot: F. Newhery & Sons, 27, Charterhoum? $..Tonton, R.Towns & Co.sydney,M.S.V.. Tennon, Ltd., Cape Town, Muller, Miclean & ch, Caleutta and Bombay: Potter Drug & Chern. Corp, solo proj.. Huston U. B. 1.

89-16

Chs. J. Gaupp

& Co.,

ALEXANDRA Buildiyan,

CRATER ROAD.

clared after the issue thereof to the extent coal bankers and to less voluminous

to 7,300 tons, whilst its cubic contents are the 1st May, 1912, and thereof, pari pesu ¦ stated to be between 8,000 and 8,000 tous with the existing shares.

of 40 cubic feet. The length is 375 feet, the width of beam 53 and the draft 24. There are two niotors of eight cylinder engines of 1,200 h.p. each with auxiliary engines of 350 b.p. connected with them for electrical and other purposes. A tank Always Lave on hand o in the double bottom which in other vessels contains the utilized as a reservoir for the oil that as fuel; it holds 1,000 tons, sufficient to last for a voyage to the Far Eant and back.

-That the directors be authorised to dispose of any now shares offered to a shareholder and declined or not accepted within such time as the directors may appoint and of any surplus now shares to such persons upon such terms and con- ditions and at such times as the directors think 6t.

·

The CHAIRMAN said:-Gentlemeri,-The jeffect of the resolution which has just been read to you and which you are asked tu sanction is that $100,000 appearing in our accounts as a reserve fund be taken from that hund and appear in future as capital. I may be asked what is the reason for this change and in what manner it will benefit the Company. · Wo have,

are you

doubtless

Aware

nurse in 1903. Since that date she hadsion in Hongkong after friction arost,ments amongst the troops have been again fund does not now exist as a liquid asset)

serves

water ballast is

very large complete stock of

SCIENTIFIC AND

SURVEYING INSTRUMENTS

(Transits, Levals, Plane Tables, Prismatic and Sight Compostes, Hand Lovela, &e, fo.)

also

DRAWING

INSTRUMENTS

INCOME TAX RETURNS, The income tax returns for the State of Hamburg for the year 1910 just published afford an interesting picture of the economic condition of the popula tion, more especially as incomes down to

800, equal to £45 praunum. included. The number of contributorg amounts to 251,116, the aggregate of their incomes to M851,819,900--and the yield to (T-Squares, Sot Squares, Straight Edges. M1,635,603, paid by persons for arrears, M35,960,201—to which has to be added

Scales, Inks, &c., &c.)

AGENTS FOR-

are

and when Mr. Looker once ad. dressed ber AS Pango' she said

Miss Hamilton, please." In speak. In a leading article The Times writes: the voyage, she 1t is quite clear that the efforts of the ing of incidents on recalled that once she

Provisional Government to surmount the tremendous difficulties with which the re- day or so later Mrs. Looker wanted her volution has confronted them are strain accumulated out of profits during the to take some medicine. She declined to ing their resources almost to the breaking past 15 years a sum of nearly 8100,000 the do so. and Mrs. Looker said that to such as Tang Shao-yi, are already desert whole of which has recently been utilised not been here a full year. 972,313 contri-

their ablest members,

for Enes, etc., or by residents who had punish her she would not be allowed to going the ship, and even Yuan Shih-kai's for the purpose of building the new fee ren, and became a qualified Norland

ashore at Penang. Referring to an occa- position appears to be very precarious. House Street pier, so that our reserve

butors with an aggregate income of Within the last ten daya mutinous move

M777,568,100-yielding M34,193,133--live bern continually in employment as a lady

in the town itself, whilst the figures for Burse for children except for the period plaintiff said that Mr. Looker came to her reported not only from Poking and Muk- but is invested in the business. This

the outlying districts are respectively from October, 1818, till October, 1911, when and told that she had swollen head, that den, but also from Canton. One of the being the case, your directors deem it wise she thought too much of her own abilities, past blocking the whole traffic of the to forestall any misconception which may Chinese generals has been for some time

19,038 persons, M30,377,300 aggregate she was unable to take up any employ and if she was a specimen of Norland Pakow Railway by the simple process of arise as to the nature of this reserve fund income and M1,119,183 amount paid. ment owing to an accident which she had net with while in the service of the Crown He told her that she was in the same posi- his army."

nurses he did not think much of them. annexing its rolling stock as quarters for by arranging that the amount in future The greatest number of taxpayers, 65, 132 Prince of Bavaria. In all her previous tanto Mra-Looker as one of his under thing to lose are swarming in with all belongs, which is in the capital account. · Possessed incomes of between M1,200 and other places the Chinese who have some-

4 Shanghai. Tientsin, tad shall appear in the place where it rightly or 25.9 per cent. of the total number,

On the their valuables to 300k

of the but highly complimentary testimonials morning afterwards Mrs. Looker came to foreign settlements in apprehension of Another reason for the change is that if M1,500, 42,183 or 16.8 per cent, such from and had never had any trouble with any her and aaid that she was ashamed of havinder-Secretary for India, who doubtless misleading impression is given as to the cent, such from M1,500 to M2,000. After

engagements she had never had anything clerks in the office was to him.

previous employer. The negotiations for The present engagement were opened in December last year, when she had an in- terview with Mrs. Looker in London. At

M1,000 to M1,200 and 40,420 or 19.7 per some fresh upheaval. Yet while the the amount is left as a reserve fund a ing lost her temper the previous day. spoke after consultation with the Foreign extent of our dividends, in that we

that a rapid falling off has to be recorded, In reply to further questions, plaintiff Office, Frankly recognises the gravity of

ing on M3,000 to M4,000. About half as said she never forced the child to eat food the situation created by the inability of appear to pay higher dividende than only 12,748 persons of 5.08 per cent. pay- the Central Government to govern, an in- really the case seeing that the amount

she did not like. The only time there Antial group of bankers propose to actually investe in our business is larger many, 6,507 or 2.41 per cent, on M10,000 -

might have been any mention of that w when she thought the child should taste

that interview there was a discussion as Le salary. Mrs. Looker offered £40, but plaintiff asked for £70. Miss Hamilton, however, said she could not decide the mat. ier until Mrs. Looker had decided whether! Did the child do so 1-No; Mrs. Looker or not she was going to remain at home, said the child need not do ao.

some spinach.

yes,

to M16,000, whilst the percentage of those

invite the British public to help in pro viding China with a huge loan, which if than what is at present represented by in the enjoyment of higher revenues sinks the figures named are correct, will capital, and in order to prevent mis- nese of China by something like 40 per able the ultimately increase the foreign indebted understanding of this nature it is desir. down to decimale, viz., 83 per cent, or 2,092 persons have 125,000 to M50,000 a The only real safeguard would be that capitalised.

FL8Prve fund should be

be pleased to answer to the best of my ability any questions which shareholders may wish in ask

AND MATERIAL

W. F. STANLEY & Co., LTD.,

LONDON.

E. R. WATTS & SON, LTD.,

LONDON.

WE ELIMINATE

THE LATEST- AND MOST

| SCIENTIFIC APPLIANCES

Before the resolutions are year, 39 per cent. or 073 have declared.BY USING as his client had promised her family that I believe Mra. Looker had a favourite not a penny of any new loan should be forinally propused and seconded, I shall 80,000 to 100,000, 16 per cent, or 404 she would not accept any engagement at remark about the privileges of a mother advanced or spent except under respon home. There was also the question: of She said it was the mother's privilegesible and independent foreign control,

tiff to wear uniform, but plaintiff told hero when nurse said mniform. Mrs. Looker wished the plain to say "yes" when nurse said "no," and and that is a anfeguard which, so far as we are aware, the Chinese Government as the have not accepted, and, in view of the op- that a badge nurse did not wear uniform.

position of the provinces, are not likely to accept. At the moment when the very On one occasion did you say that Mrs. dishanding of the troops is supposed to be the first and chief object of the loan, plaintiff nurso." His client told her Looker should have brought out khat she did not desire to baordinary nurse and not a trained nurse? the provincial authorities are trying to ruise loans on their own account, of which

The CHAIRMAN-1 declare the resolu. called nurse, but Miss Hamilton. Mrs. I did say that on one occasion.

the principal feature

supply of the

tions onrried. That is all the business, Do you still think so?--Yes.

inore arms and ammunition. It that fuller information will remove some gentlemen. Thank you for your atten-

dance. of the apprehensions which we cannot

At a subsequent interview another point case might be. was raised when Mrs. Looker called

Looker demurred to this, saying that she did not wish the child to be grown up

an

Witness, further examined, said she had

16

may be

country must in

their

There being no questions, The CHAIRMAN proposed the resolutions.

and MEDHURST seconded, motion was carried."

Mr.

LOSS BY THE BREAKING OF A DYKE.

the

M250,000 to M300,000, whilst there are 40 M100,000 to 250,000 0.3 per cent. or 78

porsons whose incomes exceed M500,000. The largest rateable amount, M93,592,900, or about 11 per cent of the whole, has been returned by contributors figuring. and M150,000, for between M100,000 nearly as much by the classes between M1,200 and 1,500, and between M1,200 and M2,000, the sums being respectively. M91,967,000 and M88,417,300. Incomes be tween M7,000 and M8,000 show the smallest aggregate total, viz., M16,976,900 or 1.88 per cent. of the whole. Owing to the graduated and progressive scale is heavily taxed, the rate on incomes over force the wealthy are by far the most M100,000 being 9 per cent., whereas that

all at once, and eventually plaintiff said not terrified the child. She never wanted help entertaining. But as the issue of a CROPS IN THE YANGTZE VALLEY. she did not mind the child calling ber to break her agreement and never told Chinese loan in this cou nurse. Matters were settled and it was Mrs. Looker that if she would not let her existing circumstances depend very large. countenance very grave agreed that plaintiff was to begin her go she would be ill on her hands. Plainly on official con responsibility rest

rests with the British Gov- duties on the 27th December, which she tiff never offered to pay her own passage ernment, and we think the time has come have been greatly reduced by the breaking The prospects of an excellent harvest did, at a salary of 260 per annum. The back She denied neglecting to change for an authoritative statement agreement was not signed until the 7th the child's clothes. Questioned as to the attitude towards the scheine. We do not of the northern dyke at Huangkitang, ten Wish to see British money hastily hazarded miles up the Yangtze, from Wuhu, with the result that crops valued at over The. February, just before the parties sailed alleged refusal on. her part to give teà on the mere chance that things may con 10.000.000 have been destroyed. This dis- more then 3/4 per cent, and on such from for Hongkong. Plaintiff would describe to an amab, plaintiff explained that tea right in the end. Still less do we wish various incidents on the voyage, how that had been set for an old amah, for the to see British financial interests further triet is partly protected by the Wuliper M1,500 to M2,000, 1 per cent. to ti per

involved at so critical a juncture in dyke, thirty miles up the Yangtze, which she did a nutmber of things that were out-child and for herself. She did not think China, at the risk of finding ourselves was built by a foreigner during the cent., the latter class producing but side her duties as nurse to the child. She that she should be asked to sit down to ultimately drawn into active intervention spring and summer this year, when the M757,145 or 2.11 per cent. of the entire

for their protection.

work was greatly appreciated locally, proceeds of the tax.

on incomes from 1900 to M1,000 is no

GUESSWORK

in testing the sight for glasses. Your eyesight is the most precious of your senses and you cannot afford to jespordiae it by using incorrect lenses or ill-Stting frames. We are competent professionally, and we have the equipment to satisfy ourselves and to satisfy YOU what is

It best for your eyes.

physician is needed we will so advise you. Lanse

ground and polished on the premiser.

LARK & Co.

SCIENTIFIC OPTICIANS

ORK BLOGS, CHATER RD

→ HONGKONG

76