1912-10-11 — Page 3

Page

SUPREME COURT.

Thursday, October 10th.,

IN ORIGINARISDICTION. BEFORE HITONOUR ME. H. H. J. GOMPERTZ (PUISNE JUNCE).-

QUESTION OF CONSTRUCTION OF A DRESS

OF TRUST.

An originating summons for the detor mining of certain questions under a deed

THE HONGKONG DAILY PRESS, FRIDAY, OCTOBER 11TH, 1917.

OPIUM SEIZURE.

IMPORTANT MAGISTERIAL DECISION.

in the Code of this Colony, but which was brought into effect by virtue of the pro- That visions of section 4 of the Code. was an order which enabled the Court to

At the Magistracy yesterday Mr. deal with questions of construction only. Irving gave his decision in the cast and the Court was asked under that arising out of the recent seizure of order to construé a certain printed opium on board the Fun Sang, the document which contained the rules Opium Farmer having applied for the which purported to govern the Zoroaster opiam, and the Revenue Authorities ian Charity Fund.

In the originating having opposed it. summons there were eight questions, and by consent an additional one had been

EAST AND WEST.

A DISCUSSION ON GENERAL "Noar's TRAGIC END,

dealt in by the farmer).

The proof would be easy if the farmer were, by a distinguishing mark able to tell his ting from thoas sold by the farmer in Macao. The farmor cannot ask to have the section so interpreted as to enable him to win in The following lettore appear-in-the all cance. The application is dismissed. Times:~-~

Mr. Shenton applied for leave to

Sia-The tragic end of Count Nogi appeal on law and facts. It might be that he would have to produce the books and his wife reminds me of another, per- haps less heroic but equally striking. of the Farmer.

His Worship said he did not think he illustration, within my own personal ex could grant a re-hearing as he had heard, perience, of the gulf which in some essen- the application.

bial respects divides the East from the West.

of trust came before his Lordship. The added. They wero (1), Whether upon the Mr. Shenton called witnesses in support that was not forthcoming at the lent

parties were M. P, Talati, D, K. Sethna

Krani (defendant.)

Parse

or

His Worship said-At the last hearing

of his application. Mr. Hodgson, in reply, argued that Mr. Shenton had failed to prove his case and asked to há a

the

Mr. Shepton-If I can bring evidence hearing.

INTIMATIONS

LOTUS BRAND

MOKHA

COFFEE.

The Food Questions

Some 15 years ago there were fow more trus construction of the deed of trust

His Worship-You will have to show interesting figures in the London Corps B. Avasia (plaintiffs) and H. K., and of the rules and regulations or

good reason why it was not forthcoming. Diplomatique than the Chirose Minister, prised therein as subsequently added to

His Worship granted an application Lo Fung-luh. Educated in the West, ho amended, the office" of president this point decided, before being called for a re-hearing, but refused to make an The Letter related to a deed of trust

or secretary (whether in either case upon for his reply. I have thought it order, that the opium be held in abeyance, bad, acquired an almost encyclopædia dated July 30th, 1874, and made between substantive or active) could validly be advisable to give a written decision. The Mr. Hodgson remarked that the opium knowledge of Western, and especially of ngisa, literature. He WAS B tine the several persons or members of the held by one and the same trustee when Farmer had applied to have the forfeited was forfeited to the Crown,

or Zoroastrian community of there were four trustees present in the opium delivered to him. It is for him.

Shakespeare scholar, and he was a fami- liar with Chaucer as with Herbert Hongkong, and of Canton and Macao, Colony; (2), Whether and in what to prove two things. First, that this

THE CHINESE SAILOR

Spencer and John Stuart Mill. It was who had contributed §5 and upwards to events, and to what extent, at all, the was not covered by a cortifiente, and

he who composed for his patron, Li the Zoroastrian office of president and secretary could second, that he was not privy to its being able smount of isling engendered by speeches which astonished the British Apparently there is still a consider-Hung-chang, the remarkable series of the fund known as Charity Fund of Hongkong, Canton and validly be held by one and the same brought on board the ship. He has given the competition of the cab with public during that statesman's visit to Macao, of the one part, and D. R. Bisnes, trustee; (3). Whether the appointment evidence through the mouths of respon-British seamen. Thus Mr. Thos. Cham- England by their liberal and lofty philo-

of the farm denying bars, general treasurer of the National'sophy. M. S. Horiwalla and R. C. Sethna of of a president and a secretary from sible officers

If his pracuico sometimes fell amongst the trustees lies in the bands brith

issue of the the other part.

certificate Sailors' and Firemen's Union, has been shore of the ideals he admired, the ex- and the privity. He now asks me to explaining to a pressman that in so far planation may be found in the bold reply Mr. C. G. Alabaster and Mr. Eldon of the trustees or in the hands of the

as it was devised to give British seamen ho is said to have made to Li Hung- Potter, instructed by Mr. H. W: Looker subscribers to the fund; (1). Whether decido that he has done all that can be preference over foreigner on Brinchang on one occasion when his patron

expected in reason of him, He argues ships the Government's Merchant Ship- rebuked him : Your Excellency must There is no Other Coffee Equals (of Messrs. Deacun, Looker & Deacon), the decision of the majority of tho

on questions relating to the that absolute proof is impossible to be ping Act of 1200 is a hopeless failure.uct lay the blame for my shortcomings appeared for the plaintiffs, and Mr. F..C., trastees Jenkin, instructed by Mr. G. K. Hall management and administration of the given in such a case as this, and that it observation was made propus of the on my Western education, for I had to Cardiff Stipendiary's strictures on the leave the best of all I had learnt in the trust fund prevails and is the decision is for the opposing party to rebut his Board of Trade's language test in respect West Qutside your Tamen door when I Brutton, for the defendant.

Every day," said entered your Excellency's sorvige.”....... of the trustees; (6), Whether in this event evidence. The contention of Mr. Hodg-to foreign sailors.

Mr. Chambers, "largo buteles of Chine-0.

Lo Fung-lun had a grim sense of in the case were most anxious that there of the temporary abadnee from the ColoBYson-for-the Crown is to the contrary-seamen are engaged at the London docks

of one of the trustees between one annual The question at issue resolves itself into and at the other large ports throughout humour, which never deserted him until ceedings, as it was obvious in a case of meeting-of subscribers to the fund and this what sort of proof must be given of the United Kingdom, to the exclusion of the very end. He succumbed ultimately this kind, into which religious elements another, subscribers are entitied to treat the two points, the absence of a certificate British scaraen. The Act of 1006 provid over here to a painful and well-nigh suck absence as creating a vacancy and and the absence of privity. The evidence ed a language test that in practica has incurable disease. I had been abroad for proved worthiess." He went on to point some time, and, hearing he was very ill, entered, that there should be an as official elect another trustee in place of the one offered by the farmer on the latter point out that, as British subjects and in-I called upon him as soon as I got home. report as it was possible to get so that temporarily absent; (G), Whether the garbled versions of other proceedings laking by the trustees or any of them of appears to me to be all that can be re-kabitants of any British protectorate are For I had made his acquaintance in

If he was privy, excluded from the clauss whica relates to Paking, and had been on vary friendly Wine and Provision Merchants.

the language test, Chinese from Hong-terma with him. I was told at first that should not get into the vernacular press. legal, advics as to construction of the Juired of him.

be

kong can be passed without undergoing, he reived no one, but I pressed to have Therefore plaintiffs had arranged for the

any such test. As a result every seanan⠀

would ask his Lordship to allow the short band writer to be sworn so as to make the transcript as official as it was possible

Mr. Alabaster stated that the plaintiffs

should be a shorthand note of the pro-

to make it.

deed, or upon questions arising in con- }

act,

wrongful was guilty of a ard perhaps of a criminal offence. attendance of a shorthand writer, and he nection with the management of the fund is innocence is not presumable in of the Celestial Empire who applies for my card sent in to him, and was presently

amounts to blamicable negligence or misconduct in office or any other reason this connection since the section anys able cause" within the meaning-of-rule he must prove it, but no detailed proof He swears he 22 of the deed; (7), Whether the president can be expected of him. can be appointed for a year and by was not privy; it is for the opposing rotation from amongst the trustees; party to show that he was privy. (8), Whether the trustees are bound to real question now at issue is whether or observe the directions given to them by not proof of a similar formal natures the medium of a resolution passed by a should satisfy me that the opium; was not In examining majority of subscribers to the fund in covered by a certificate.

Mr. Jenkin said ho did not know, ou

the construction of deeds, that religious clemonts came into the matter at all. He did not agree to a reporter, as he did not see that one was necessary.

His Lordship-It is entirely a question

stand?

Mr.

sworn.

should

The

He

·

"LOTUS.".

OBTAINABLE EVERYWHEER.

H. RUTTONJEE & SON,

133

Chs. J. Gaupp

& Co.,

ALEXANDRA BUILDINGS,

CHATER BOAD.

stork of

in Hongkong! Slipshod administra-whimsical smile on his drawn face be work on a British ship says he was born taken up to his bedroom. With a curious tion of the slipshod Act has filled the asked me to take a seat and "kindly wait. Britishi mercantile marine with thousands for-a-few-moments-until I have done with English language, to the detriment of the couch, and he pointed to a wizened little of Chinese who know nothing of the this gentleman." He was lying on a low English-speaking sailors und freuen. Chinaman who was crouching beside him Moreover, the language tests by the on the ground over a smoking brazier. Board of Trade oficials. under Section For about five minutes the Chinese medi 12 of the Act are absolutely inadequate, cine man continued to chant in a shrill and frauds are daily perpetrated in nasal voice, whilst from time to time regard to them by Chinese railors, taking up a pinch of ashes from the of construction of this deed, I under-general meeting regarding the manage this point it must first be noted that the Coached by their lodging-house keepers, brazier and sprinkling them over differ- ment or administration of the fund, or first condition is unqualified by any such they learn to repeat parrot like the

thereupon kow-lowed three times and Alabaster-The plaintiffs desire the form in which notices or reports are words as to the knowledge of the form answers to the usual list of questions, ut parts of Lo Fung-lub's body with

It would seem, therefore, to deal and thus pass into the mercantile service. strange passes and incantations.

Sometimes, but by no means frequency: retired. I thought, my dear friend," that tho' arguments should be fully re-

to be sent out or circulated, or as to the er."

which documents

accompany with a matter of plain fact, the question the questions are put to the Chinaman Lo Fung-luh thon said to me, it might ported, and surely there could be no

non-com in different order, with the result that

interest you to see how & Chinaran, objection to the shorthand writer being notice or reports or otherwise; of the farmer's complicity or

given by the alleged English-speaking steeped in your Western literature, Always have on hand a very-targe-o- I can understand my friend's (9), Whether-upon-the-construction of plicity being dealt with in the second some amazing anil amusing replies are.

This argument is supported. Chinaman. For example, to the question saturated with your Western science and objection. He does not want to say ho rule 3 the trustees without reference condition,

determine the by a consideration of what opium is What is your age the answer comes philosophy, dics Chinaan!" He was concurs, as then it might be alleged that to the community can he was liable for the costs of the short following questions: (a) as to whether covered by a certificate. It is by section, instantly Hongkong. Where were you too ill to talk much, and a few weeks 'haathen Chinee's' age may be, China many European specialists, but I believe We are not asking for bankers deposit receipts for the fund 39, all opium lawfully sold by the farm-orn Thirty-three, or whatever the later he was dead. He had consulted that; simply for a sworn shorthand sta should be made out in the names of the That is to say, it is of opium oni su, too, are all so much alike, inhe had always shrunk Irom carrying out,

being so slack, that one batch may pass

I shall never forget this weird and piti- of the proceedings so that it could be trustees; (b), where such receipts should which the farmer has made inwful profit, addition to the Board of Trade methods their advice. referred to in case of any dispute after be deposited for safe keeping; (c) the and contrariwise the expression "opium their requirements and quite another wards as to what really occurred. The signature for choques; (d) as to place not covered by certificate" is equivalent batch go to join the ship, the letter more ful scene, enacted in the heart of London, In which it was meant to convey.-Yours to understand a word of English. question of costs could be dealt with of meeting and order of business; (e), to the expression "opium on which the frequently than not being totally unable nor the pathos and sincerity of the lesson

as to sanctioning disbursements; (6) farmer bas-not made a lawful profit, dealing with only the home trade ports obediently, periodical visits of trustees to estate; (f) Mr. Jenkin-If this is to be purely a

what are the arrangements made as to and the latter expression might be sub- the language bar to Chinese and other luxury on the part of the plaintiffs we

the mode in which the trustees shall carry stituted for the former in the context foreigners is of no practical us, for these can without question join British. have no objection at all, but if my learn-

without altering the section. ed friend wants to get the reporter sworn During the opening Mr. Jenkin

United America. so that we may be mulcted with costs an objection to the preceding a raised farmer must prove not only his moral in ships at any port in the world, and this Lordship intimated that he would give nocence, but also that he has not already advantage of chiefly in the a decision on the point on Tuesday next dealt in and made his profit out of the This interpretation opium in question. appears to agree with the intention of the Ordinance, for opium smuggled out From information contained in the of the country must, assuming the abrene trade of Formosa in 1911, which wil

hand writer.

afterwards.

object. My friend knows that a sworn- reporter's notes do not override the notes of the Court,

His Lordship-I don't see what the

point in in having him swoTIL

on their duties.

FORMOSAN CAMPHOR INDUSTRY.

77

Thus the

NAVAL AND MILITARY NOTES. Fleet Paymaster T. Hayes has been appointed to the Tamar, additional, to

VALENTINE CHIROL Queen Aure's Mansions, S.W.,

September 14th.

B-Will you allow me to say a word

-lota

SCIENTIFIC AND

SURVEYING INSTRUMENTS

Sight Compasses, Hand Levels, &ca, Bari). Transits, Levels, Plane Tables, Prismatic and

Biso

DRAWING

INSTRUMENTS

AND MATERIAL

on Sir Valentine Chirol's letter on this subject in The Times of September 18th, a letter of the highest interest and value from the nathority of the writer? Sir (quarca, Bet Squares, Straight Edge.-

Scales, Inks, &o., &o.) Valentine finds in Count Nogi's death a

Mr. Alabaster-In order to make him report of H.M. Consul at Tamsui on the of privity, first have been smuggled in dase-September 13th, and Assistant Pay. striking illustration of the gulf which an official shorthand reporter so that his shortly be issued, it appears that the by others than the farmer, and the mastor B. Orchard, to the same vessel, divites the East and the West. May I

sary,

Mr. Alabaster It supplements Judge's notes, and that and the judge's notes together must be the only report which is of any value.

His lordship--I do not agree that by allowing a reporter to be sworn, that, in any way makes him official.

The

RUBBER COMPANY DIVIDENDS,

BERLIN'S COLOSSAL

CARAVANSARY.

Her last great man dejected Romo adored, And honoured Cesar's less than Cato's

eward.

W. F. STANLEY & Co., LTD.

LONDON.

E. R. WATTS & SON, LTD.,

LONDON.

OUR

STUDY

venture to say, with all respect for his AGENTS YOU in of opium by others additional, to-date October 15th.

Captain . B. Otter Barry Royal opinion, but with all confidence, that Government smuggling report could be used afterwards in ease export of camphor (B

in Chinese; both in the case of Count Nogi and interpreter of necessity. By making the note offciat monopoly) showed a decrease of 872, 4lbs, is in direct opposition to the farmer's Sussex Regiment, bas qualified as it could be used hereafter in the event of last year, the estimated output of re-interest. It is therefore quite natural second-class

fined camphor being 7,207,000lbs. As the

L. Moore, Somerset Light Infantry, have fundamental law of humanity common appent. Clearly the Court has power to

result of experiments carried on for five that, on the detection of such opium while Second Lieutenants R. B. Denny and R. also in the case of Lo Fung-luh I find a P. Shedden, Grecian civilization, both Stoica and order a shorthand writer to be sworn to years, the Monopoly Bureau will com- being smuggled out again, the farmer passed the preliminary examination into East and West? The philosophers of take a report. I am not asking for that, once the distillation of camphor from guld bave a claim on it to compensate Chinese: Lieutenantry.

Cantonese; Lieutenant R. M. Crosse, that among many evil gifts the gods had but I am asking that he be permitted to leaves from young camphor treas on a

practical scale. Camphor afforestation him for the loss which he might have in- Royal Garrison Artillery, in colloquial Epicureans, ware at one in their belief be sworn so that the report may become has been carried on for some time by the curred had it been disposed of in the Royal Garrison Artillery. has passed the granted man one good gift the power an official report of the proceedings Bureau of Productive Industries, which may be used, hereafter if neces area afforested, now amounting to nearly Colony, such risk of loss having to be third year in Cantonese Captain A. M. to take his own life. They differed only Captain L. U. Unwin, Hampshire, the the power. Roman civilization publicly manifested its adherence to Grecian 10,000 acres, will in the coming financial provided against by the farmer by the Cardew, Royal Engineers, the first year, in their judgment of the reasons which ver be handed over to the Monopoly upkeep of a costly revenue staff. But if and obtained a special mention; and might justify or desaand the exercise of His Lordship-I see no objection to the Bureau, which will in that year plant the smuggled opium is certificated opium first year in Chinese.

Major E. W. Comyn, Royal Garrison philosophy on the day when reporter being sworn, but that of course another 1,200 acres. From the following

on which the farmer has already made his does not make him official in a sense if year, 1013-14, it is intended to plant some

3.000 acres annually with young camphor profit he has nothing to loss from this Artillery, who has recently arrived in command of the Hongkong-Singapore

The bodily fullment of the spiritual the other side object.

trees at a cost of £20,000. This is to be continued for 12 years, after which the export On the contrary, contraband Hongkong having has been posted to the estimated that the annual production export traffic in certificated opium muat Battalion Royal Garrison Artillery, has

Artillery, and reached his present rank matron who handed to the husband the dagger with which she had stabbed her from this area will be some 6,500.000lbs, affect him bencficially, since it must swell latterly been serving in Ceylon. Major principle in the case of Count Nogi sure- of camphor and a like quantity of his sales beyond the arnotat required for Cowyn has 25 years' service in the Royally funds analogy in the case of the Roman self, saying, "It does not bort, my camphor oil.

local consumption. Clearly then, there is in 1906,

Pactus." And surely the spirit of no cason why he should get a proft out of

humanity that encouraged the Eastern- such smuggled opium when found. It must

customs of harakiri and suttee is the same spirit that finds general expression be for this reason that the Ordinance distinguishes between certificated and

Berlin has a new toy, a truly colossal in the Western boast, Death before Dis uncertificated opium. It follows that thi The following interim dividends have evidence needed to establish this first con- caravansary modelled on the lines of honour, and found particular expression York. You cannot build sky-scrapers cer who, setting out on frontier, duty, tention must be of a much more perfect the giant apartment hotels" of New in the words of an Indian political offi in Germany, instead of shooting handed a revolver to his wife with tho been announced: --

The Federated (Selangor) Rubber Coy..

nature than that needed to prove mere' Ltd., 30 per cent.

Lastly, may I not, with all reverence, The Gienshi Rubber Estates, Coy, absence of privity. It is not enough for up forty or fifty storey into the air, parting phrase "If they come, shoot

in Kurfurstendamm have spread it over an enormous area. Nothing in town is ask the Christian world whether the Ltd. (Selangor), 10 per cent.

worth of opium because I swear that so Malacca Rubber Plantations, Ltd., 25 the farmer to say "Give me the $25,000 the builders of the Boarding Palace the child first and then shoot yourself. Bikam Bubber Estate, Ltd. (Perak), 6 tur as I know I have not already made nearly so "colossal except the Police bed ly fulfilment of the spiritual law of The Boarding Divine authority in the central fact of per cent

a district by itself. per cent.

Palace hopes to end the misery of home Christianity of which the Cross is the The Seremban Rubber Estate Coy.,y profit out of it." He must prove his Presidency in Alexander Platz, which is self-crifice was not consecrated by

contention that it is not certificated up

the hi The London Asiatic Rubber and Pro-to the hilt as if he were a plaintiff in a less families and bachelors who have symbol? Ltd., 10 per cent. dure Coy, Ltd., 15 per cent.

It has 600 rooms, with baths, The Nebola Rubber and Tea Estates, civil action. It was argued n behalf of hitherto had to content themselves with

the farmer that it is impossible for bim precarious existence in a German"

Kin p Ltd. (Ceylon), 3 per cent.

to prove absolutely that the muggled enormous restaurants, coffed-rooms, grills opium was not covered by a certificate; and, "American bars," and includes a

The telegram quoted below was received that to ask him to do so would be to de-full-fledged sanitorium and Turkish bath feat his rights under the section, which "parlour" among its other attractions.

American Consulate General, must be interpreted in a lenient and In tune with the tastes of the New Berlin, equitable manner. But the answer to the interior is the last word in overdone

and the at 1.15 p.m. yesterday - this contention appears to be that in ornateness and gaudiness. For the at the

was found to differ materially from that Hohenzollern Museum as & "eight," and

all Berlin is flocking to see it. dificult (as where pruggled upfum shinee the Royal Castle and out Hongkong, from the Manila Observatory

Mr. Alabaster We want a responsible" report, and a report which is given on oath has a degree of responsibility about it.

Mr. Jenkin-Possibly the question of cost is going to be a bone of contention between us, and I would like your Lord- ship to appreciate that we are all here as trustees of a charity. Therefore my sabnission to your Lordship is that you will make it a condition that this Juxury shall be paid for by the three trustees in person. They should not seek to take it out of the trust funds.

Mr. Alabaster-It is very probable that your Lordship will make that ruling, but it is rather bard for your Lordship to bind yourself to make any ruling as to costs beforaging the case.

A specin! London wire to the Penang Gatte dated 28th September gives the following information

namely

INTERS,

FINALS.

Final dividends have been declared, By the Directors of S. S. Bertam His Lordship left the master open, and Rubber Coy., Ltd., 10 per vent.

The Bak Rabit Rubber Estate, Ltd. (Province Wellesley), 10 per centi the reporter was sworn,

The Batak Rabit Rubber Estate, Ltd. (Lower Perak), 10 per cent.

2

Mr. Alabaster said this summons was taken out under Order 4a of the English rules, which had not got its counterpart

(Perak), 20 per cent.

The Sungkai Chumor Estates, Ltd.

pen.

I am, Bir, yours faithfully, A CHARLES BRUCE. Arnot-Tower, Leslie, Fife, Sept. 17th.

TYPHOON WARNING.

"Cyclone or typhoon near or over. Balintang Channel moving W.N.W.”

OF

THE EYE.

and its anatomy and our long experience in correcting defective vision enable us to tell boyond doubt it your eyes will be benefited by wearing glasses.

Our method of testing is soientific and Boburate. If you do not need glasses wo will tell you so. If you do nos gitases we can supply and fit them at extremely Duderate prices.

MAKE CERTAIN.

WE WILL TELL YOU.

LARK

& Co.

- SCIENTIFIC OPTICIANS

MORE BLOGS, CHATER. RD

HONGKONG

75.