1912-10-18 — Page 3

Page

SUPREME COURT.

Thursday, October 17th.

IN ORIGINAL JURISDICTION.

BEFORE HIS HONO M. H. H. J. GOMPERY PO JUDGE). QUESTION OF CONSTRUCTION OF A BIED OF TRUST

The bearing of the summons for deter mining certain questions under the deed. of trust of the Zoroastrian Charity Fund was continued. The plaintiffs were M. P. Talati, D. K. Sethna and A. B. Avasia, and the defendant, H. K. Erani.

Mr. C. G. Alabaster and Mr. Elden Potter, instructed by Mr. H. W. Looker (of Messrs. Deacon, Looker & Deacon),

THE HONGKONG DAILY PRESS, FRIDAY,

Mr. Jenkin-As I understand there are further points upon which Mr. Brutton desired to see me with regard to construe- tion, and therefore in the minds of my client, I have not concluded thy argu ments as to construction.

CONFUCIANISM AND THE

REPUBLIC IN CHINA.

THE REAL CHANGE

[BY A CORRESPONDENT OF "THE TIMES"}

The French Revolution, contrary to the received dictum, was not, in the strict sense In of the word, a social revolution. spite of the success of some of its political and legislative reforms, it did not really succeed in diverting the spirit of the French from the communal form of society, into which they had lapsed since the natural dissolution of the fendal systern.?!

OCTOBER 18TH, 1912.

not

CRICKET..

POSSIBLES.-A. C. E. Elborough, R. E. O. Bird, Lt. N. J. Williams, E A. Fowler, E. B. Reed, S. H. Dodwell, R. P. Tharsfield, A. N. Joseland, C. C. Clarke. J. S. Lloyd and Cant, H. K. Hughes.

SHANGHAI CRICKET.

appenred for the plaintiffs, and Mr. F. C. would have to say what was the meanine but when all was over they sank once served." These principles permeate the the appended scores in a game played at

Jenkin, instructed by Mr. G. K. Hall Brutton, for the defendant, -

Mr. Potter said that before dealing with the questions specifically he would

like to address a few words generally on his friend's contention and as to what he conceived to be the law applicable to that particular case. His friend had said they were not dictators, but merely trustees. If that deed were construed in the way his friend wished, the com munity would be dictators and the He trusters would be mere genties. submitted that the trustees in fact werd dictators, not in the bad sense of the word, but provided they did the things which they were told by the trustees they must do, and provided they did get do the things they were told they

else not do, everything Taust left to their discretion, acd to that extent they

For were dictators.

instance, deed provided that rule 25 of the in all cases not provided for by this indenture the trustees for the time being may act in such manner as appear to then reasonable and proper and as may be best calculated to promote the interests

Was

of the community, That was to say, "best in their opinion for the promotion

of the welfare of the members." In fact, they were dictators to that extent, pro- vided they acted as reasonable men and

purely a matter for the community, and that it was a question which the Court

éould not Anal with at all.

His Lordship said the application was not with regard to negligence, but whe ther the taking of counsel's opinion was negligible.

more

[And Me, Kwaan Yan Choh, friends of Dr. Jackson, apake in Chinese and Dr. Graybill in English, telling, in so far as it can be told, what Dr. Jackson had done, not only for the Canton Christian College, but for the advancement in the

INTIMATIONS

COUPON

1844.

WE have pleasure in axmounting to

The permanency of birth privileges is allowed to the Royal Family, not because. it falls the functions of an autocracy, The following have been selected to play. but because it embodies the conception of in a match Probables. Possibles on the the nation as one family with a per- Hongkong Cricket Club Grennd to manent relation to the Will of Heaven, which so ordained the social nature of morrow, the 18th October Play to com-earth of that Kingdom, which is rights. cusness and peace and joy. In addition man. The rulers and people are not commence at 2 p.m. -

to his previous gifts he left the College They are

PROBABLES.-W. C. D. Turnos, G H. $15,000, gold. His Lordship You had concluded

trasted and divided. Bristocrats and democrats. They are not Sayer, A. H. Gillingham, Lt. A. G. yesterday morning. As a matter of fact if there is any new.matter or anything

masters and servants. They are of ure White, Lance Corpl. Dempsey, Lt. F. W. family and stand in the same relation as Christian, Lt. H. G. Bagnall, A. A. you have forgotten it would be best to

parents and children, as grandparents Claxton, R. O. Hutchison, H. Hancock

"It is not possible," and Capt. R. D. Crawford. go into Chambers on Saturday morning.

and descendants. Mr. Potter continued his address.. He

said Confucius in the Great Learning

for a man to teach others who cannot teach his own family. Therefore a ruler, said that in the circumstances he had

Thus wrote M. Henri de Tourville.

without going beyond his family, com detailed the truster affected would go to

De Tocqueville and Taine both support pletes the lessons of the State. There is the Court and ask for an injunction restraining those concerned from taking this view so that, in the opinion of these filial piety:Therewith the Sovereign distinguished writers, the French Revolu- should be served. There is fraternal suh- any proceedings to remove him, and the tion was not the tremendous change it mission-Therewith elders and superiors Court would have to construe the rule appeared. The dregs rose and became should be served. There is kindness.

Local cricketers will read with interest which dealt with absence, and the Courtseum, and lashed themselves into foam; Therewith the multitude should be

to the bottom. Practical men nation. The patriarchal family itself is Shanghai last week with a view to the If the fashioned now laws, as their kind is wont self-contained and self-ruling. The selection of a team to represent Shanghai of absence from Hongkong. trustees could not understand the rules to do, striving, in the phrase of Goethe, village commune is equally self-contained the Interpart Match to be played in

to heal every evil upon the spot where and self-governing. Districts are ruled Hongkong next month: -- he thought they were entitled to go to

selves about the place where it really towns and they, too, are self-governing. the Court and ask the meaning to be put it shows itself, without concerning them by delegates chosen from the villages and takes its origin and whence it works its The Tutuh assesses the national boaring upon them.

effects. But the permanent social change, of questions arising in his district, and which alone affects the nature of a people, serves to link up his district to other dis- did not occur, and so, when all the evolu-triets in the one national family- tions, were finished, there was no need. All this will remain in spite of the for the command "As you were." Achange from the Menchu dynasty to a little flurried, a little confused, a little so-called Republic. The hends of the less certain, a little ashamed of all the pother perhaps, the French nation re- turned to the game customs and traditions which it bad previously posscascal. The same may be said of many revolutions. Thoy make a big splash in the records of full of dramatic history, they are accidents. they are lighted by vivid visions and ideals, they are the intoxica tion of a people, bat when all is over and the people return to sobriety, they tend also to return to the old harness. The same tradition sits upon the box and holds the reins, pulling a little more on the curb, perhaps, and the people go their way steadily in the only manner they really understand Changes tako cen- but social Revolutions turica. Saturnalia, which are bound to be over- borne by the common grey of succeeding daily life.

His Lordship asked if this would not he subject for a bye-law.

Mr. Potter replied that the bye-laws were subject to the rules.

His Lordship Can you not explain a rule by a bye-law when the rule is vague? Mr. Potter-1 do not, think that the rule is.vague.

His Lordship-You have a construction of your own and want confirmation by

the Court?

Mr. Potter-I will put the construction which I think is the proper construction, and we are entitled to ask the Court if that is the proper construction.

His Lordship-Apparently these three trustees are out of touch with a large section of the community. I do not know why they want to hang on,

Mr. Potter--Because they are in touch with a large section of the community who want them to hang on,

His Lordship-You don't want to admit that you have not some following Apparently the following of the opposi tion is large enough to pass a vote of

censure.

£

are

PORSIULEN.

H. Middleton, € Ollerde.mon b

#1

Roberts

G. C. Wingrove, e and h ́lteberts W. H. Moule,

Muriel, Brand Dr. H. B. Morris... Walker, b

Roberts

R. S. Anderson; h Qunyle

A. W. Hayward, a and b Quayle...........

E. G. Dickie, not out

T. Main, not out

A. J. Clarke and W. J. Hoyues did

.not hat

Extras

Republic will merely take the paternal position of the Emperors to themselves and as likely as not will either disguisedly or open perpetuate another dynasty. Indeed no other solution to a patriarchal country seems possible. This revolution, then, is not really an important change in China, it is not a social revolution effecting a social change. It is only a change of directors. The main business R. A. Brand will remain the same.

THE REAL CHANGE.

Total for six wickets) Bowling Analysis.

21

48

our Customers and Pablic of Hongkong and Coast Ports that under the Coupon system introduced by the Distillers, MOSITS. WILLIAM GRANT & Sons, LTD. of Glasgow, in connection with our M.P. Whisky, Mr. H. D. IFFLER has turned up as possessor of the number 1844 drawn, and we have provided him a First Class Passage home as stipulated in the Coupon,

H. RUTTONJEE

85

.180

& SON,

3.

H.

Qanyle

33

་བྷ

0

46

Wine and Provision Merchants.

H. B. Ollerdessen A. W. Roberts

7

2

40

9

រ

PRODÂBLES.

H. B. Ollerdessen, retired. H: E. Marial, retired

L. H. W. Crockwell, h Mem J. Quayle, bw, h Anderson P. Lambe, b Main

R. A. Brand; not out » men D. Brand, did not hat ....... R. W. Wingrove, did not ort I Walker, did not hat.... E. G. Tait, did not bat

Extras

Mai

A.J. Clarke

Total (for three wickets) ....33

Bowling Analysis.

R. N. Andersan

11.

W.

113

C

61

2

D

#

4

9

1)

GO

TENNIS.

A really important change is, however, occurring, namely, the adaptation of the Chinese patriarchal principles and system to Western commerce and manu- facture. That is of epoch-making import- ance, for modern trade has not yet appeared in a State wholly based upon and nourished by patriarchal principles. For it is certain that though China takes So it is with the present revolution in up Western trade and manufacture, abu China. It is a mistake to think that it will not take them up in a Western but forms an eposh in the history of China in an Oriental fashion. The result will and that it will effect-any great change. be something quite different to anything How long would it take to change a yet seen in Europe. Whether, it will ho tumbler pigeon into a fantail, or a dog more or less successful is a separate ques- rose into a Maréchal Nici No revolution. That it will be different may be tion of a few months would effect such a known from the character of the average 16, C. Wingrove transmutation. And China, as all know, Chinaman. has not only centuries behind her, but

He is a man whom tradition has con- tens of centuries, a foundation upon the Aned within certain definite limits. past; which makes modern European Within those limits he has developed a nations infantile in comparison.

Miss Wilkinson, the hon secratary, in- revolution-cannot- challenge the fibres of stery of life and means that far sur- centaries. The social formation of China Ses in subtlety and minuteness any forms us that a Mixed Doubles Handicap is buried in, and even deeper than, the thing in the West, For instance, for Tennis Tournament (knock out) will be "It is buried in the actual shades of colours he has so many different played at the Ladies Recreation Club centuries. social nature of man himself, in the grades and names that there are no Euro- during November. Entries ekse acip.nl. natural, social qualities that develop in pean equivalents for them. Nor are there on Tuesday, November 5th. the family. It is this which has given it and subtle ecunomical and utilitarian any European equivalents for this minute a permanence with which systema in character of his How the European will Europe, restless with ideals and hazy as

be able to hold his own against it and how to itself will deal with larger prob- to realitics, cannot compare.

lems are absorbing questions. This is the real change China will effect in the modern world, and it far outreaches in importance au ephemeral outburst that will only change the Government in

THE DURABILITY OF DYNASTIES.

A

Europe has been shaken again and

name.

PROVINCIAL REFORMS IN.

KWANGTUNG.

of

Mestra

RECEIVED from RUTTONJEL & Sox, a first class ticket

fres, under the Coupon System introduced by the Distillers in cont.celion with their M.P. Whisky.

(96.) H. D. 1FFLIR.

133

Chs. J. Gaupp»

& Co.,

ALEXANDRA BUILDINGS,

CHATER Boap.

Always have on hand a very large complete

stock of

SCIENTIFIC AND

The New-Letter of the Canton Chris- tian College and Affiliated Schools says: Kwangtang Province is being amply its first officer and leader in education. justified in the choice of Mr. Chung as He has made census of the children of school age in Canton-an unheard thing, has opened many new schools for their accommodation, and forced their attendance as far as possible, thereby taking many off the streets, and removing some from positions of most taxing la- the tour. The provincial government grant ed Mr. Chung and his department of $200,000 for the purpose of sending stu-

dents abroad to study. Competitive ev. DRAWING

THE NORTH CHINA INSURANCE CO., LTD.

The report for presentation at ninth ordinary general meeting shareholders reads:--

Mr. Potter-Half a dozen could pass a vote of consure. Let us assume for the were not guilty of misconduct, in which sake of argument that we are out of case they could be removed. As regarded touch with the majority of the com- all other matters not covered by thosemunity, and it may be that the view of rules, those matters were in their absolute the majority is against the trustees discretion, His friend said several times What are they to do? Assuming they yesterday that that was a matter for the | are right as to the way in which the fund community. It was purely a question of is to be managed, what are they to do? management. For instance, when he Are they to walk out and say, "Do as you came to deal with the question as to like: we will resign and leave it to you" 1 whether the application was equivalent submit that is not the duty of a to blameable negligence or when he came

truster. He is elected by the members of to construo the rule as to what was the the community, some of whom may menning of absence, he said that it was

perhaps be dead and there are new nich again by changes of dynasties, by reshap in their place, to carry out a certaining of the map, and by the throes of trust, and it does not follow that h religious struggles. China as a whole should accept the views of even has passed through the centuries undis get with storms and lightnings, while majority of the community. That is not turbed. The national summit alore has the duty of a trustee. When you come the lower levels have enjoyed a calm air to Company law, you will find that it is and a peaceful sunshine. Dynasties have Mr. Potter replied that if the applica-ot the duty of a director to accept. the come and dynasties have gone, but the view of a bare majority, but to act on social outlook of the peoples of China. The same tion to the Court was ant blameable his own initiative.

They are trustees has remained the same. Degligence, then, fortiori, the asking the members, for the minority as well religious and practical precepts, those of of the advice of Counsel was obviously as the majority.

Confucius, have always formed the real sovereign power in China, and the great The directors have pleasure in sub-inations were given in Jaly, and the not negligent. So far from being negli

teacher taught that the people, whom amitting, for the information of share stedents have now gone, under pledge to genre, it was incumbent upon the

dynasty no longer served in the ways of holders, the annexed duly audited return as teachers in this Province

ten from C.C.C. majority of the trustees to get guidance

paternal sovereignty, should revolt and statement of the Company's accounts to Many of these went to America, including reject its unfaithful parent. So again the 30th June, 1912. from an independent person. He did not

and again reigning dynasties have fallen think that that question was really

and yet China has remained the same. Such and such type of governors the arguable. As Mr. Alabaster had put it,

Chinese people will have and no other, the matter had really arisen out of the

and if the reigning family fails, then the vote of censure, The vote of censure.

people reject it and choose another. So showed how necessary it was for the

the substance of the nation remains the For a same; only the dynasties vary. majority of the trustees in this case not

dynasty in China had not the same power only to take Counsel's opinion for guid ance, but to come to the Court and ask

as one in Europe may have and used to have. People speak carelessly of Oriental what was the meaning of these rules. It

The firmness of the Silver market neu despotism, but in this vastest country of was not correct when his friend said that tioned in our last circular continued for the Orient there was no such despotism the question of what was negligence, and some days, the quotation advancing to over the nation. The Emperors had little what was absence and other kindred ques-d., with business done even at higher power. They were not despois or tyrants rates on the 24th inst., when several buy able, except in their own Court circles, tions were matters for the community.ing orders came in late from India. The to carry out a whim with the force of They were questions of construction for quotation, after remaining at 29 d. on sovereignty. Tradition was all powerful the Court. Let them assume for the sake the 23rd, 24th, and 20th inst, fell on with them, too, and with its time- tyrants-that ia, momentary of argument that members of the com: the 26th inst., but to day has recovered honoured restraints prevented them from

to 291d., at which the market is steady, being munity thought that in the case of a trustee who was absent from the Colony they could forthwith elect another trustes in his place. He thought he could satisfy

his Lordship that it would be competent for that trustee to come to the Court and

commquity or the parties concerned from taking these proceedings.

His Lordship reserved judgment, the question of costs to be argued when the judgment is delivered, and allowed Mr Jenkin the privilege of mentioning in Chambers any specific point of which he would give notice during yesterday.

THE CHINESE LOAN AND SILVER.

We subjoin extracts taken from Messrs. Mocatle & Goldsmid's circular dated September 27th:

SURVEYING INSTRUMENTS

Transits, Levels, Plane Tables, Priamatio and Sight Compasses, Hand Løvels, &c., &o.).

also

INSTRUMENTS

AND MATERIAL:

Opposition of a very threatening na (T Squares, Set Squares, Straight Edge, 1911. The balance at credit of this

Scales, Inks, &o., &c.) account is. Tals 186,349.23 and, after ture arose when the new Christian Com missioner attempted to abolish the wor deducting an interim dividend of 10 per ship of Confucins in the government cent. aggregating Tacle 37,200.30 paid on schools of the Province, but he held firm, AGENTS YOU... 1st May last, there remains a sum of Tacls 149,139.93 which the directors-re- commend should be appropriated in the following manner:--

A final dividend of 10 per cent, on the paid-up capital, making 20 per cent. for the year

tributory premiums.

bonus of 15 per cent. upon con- Taels 30,000.00 transferred to silver

to

at the risk of his position, and prevailed. being made toward complete religious Under his influence rapid advance is also freedom in the private schools which en- joy recognition by the government. This

interesting when compared with the re ligious requirements in the schools of

Japan.

During the Summer Mr. Chung con ducted a school of normal methods and reserve, bringing that fund up ratory, in which men were trained to Taels 370,000.00.

go out into the towns of the Province and And the balance to be transferred to pleach the doctrines of progress in educa- underwriting reserve account, closing tion. Many of them will become teachers, the account for 1911.

Tho yamen of the Commissioner of

1912 The balance at credit of working Education is, in accordance with the old account to 30th June amounts to Taels Chinese way, a big rambling building Hr. Chung. with extensive grounds. 224,855.96. The buying has been almost entirely masters exccuting their own caprice as

DIRECTORS.- it is with the greatest ignoring the personal aggrandizement for India, although there have been a few the policy of a people. They were the Chine covering orders.

paternal heads of the nation, and gathergret that the directors record the death possible to him in such an establishment, The issue of A Chinese loss

years and been intimately space, leaving room for a large educa patriarchal principles of the nation. twenty £10,000,000 through other charts for ed together in their persons all the of Mr. Alex McLeod, who for over has contracted his offices into a reasonable

has causedi

ed. the grounds for a public park and the Six Power Group

Company's affairs.

playground. Such a course is not only another replaced it to form once more. In accordance with the provisions of quite a sensation in the market, and is And when one dynasty was deposed, associated with the direction of the tional exhibit and museum, and has open- thought by some to open up a new era the gathering point of the paternal and apply for an injunction restraining the in Chinese finances and to be a bull point alial qualities of the nation. The nation the articles of association the directors astonishing to the people but will winf

terest in education, the exception of Mr. Helves-with for silver,

Mr. Chung hopes that the Y.M.C.A. or all retire, but, being eligible, offer them their confidence and increase their in- Meyerink, who is leaving for honie for re-election. Mr. Hans Tiffenbacher has some other Christian organization will agreed to accept a seat on the board in open student hostels near the great gov ernment schools, and so bring near those place of Mr. Meyerink.

AUDIT The accounts have been audited direct Christian influences which he can-

crowded with the best class of students. holders by Messrs. Wingrove and Hayter, who not as yet intredues within the schools. again tender their services to the share He believes that such homes would he

By Order of the Court of Erectors.

H. G. SS,

Secretary. Shanghai, Ist October, 1912.

Mr. Jonkin interpolated the announce ment that he had just been informed that the solicitor instructing him was ill, and asked that the case should be adjourned

in order that he might be instructed with

regard to two or three points.

His Lordship Is Mr. Brutton ill since last night?

Mr. Jenkin Yes.

Hie Lordship-Both sides were ready to go on yesterday.

Mr. Jenkin-Yes. I understood I was to have had a cofference with him this afternoon.

Mr. Potter-There is no desire to shut

out Mr. Jenkin from putting forward anything is case I can proceed with

my arguments and deal with what my friend has already said. I do not think

will prejudice my friend.

PATRIARCHAL ORGANIZATION.

Spot silver has fallen to 1/16 discount itself does not alter, only its head alters during the past week, having been at a There is no reshuffling of territories with premium since the middle of August. change of dynasties such as occurred in This, in view of the continued shipments Europe. for the Indian Government and the com paratively low stock of silver in London, is rather curious, but must be accounted for by most of the recent buying being for forward delivery, the future of the market being apparently considered good by speculators.

CHINESE TEAM FOR THE FAR- EASTERN OLYMPIAD.

Consequently the present revolution, actively engaging but a handful of people amongst the millions of China, will only ship. This change is hailed under the result in one more change of the head- name of Republic in the Western Press. But the Republic resulting is in no way like a Republic in Europe. Occidental aames for the Orient only lead-to-con- fusion. China in far from being Re- publican in the European sense, and yet

MISHAP TO A HOLT LINER.

SAMUEL MACAULAY JACKSON, D.D., LLOD.

The news of Dr. Jackson's death has been received with sorrow by all at Hong- lok, says the New Letter of the

A College- Canton Christiau

personally, but

The Ocean Steamship Company, man knew him

few

every-

A national team of athletes will repre- the has always been more Republican than sent China in tennis, basketball, track Western peoples. The patriarchal family and field sports, volley ball and swim-element is that which permeates the aged by Messrs. A. Holt & Co., received one had felt the results of the wis news on the 7th ult, from their Suezdum, kindliness and efficiency which le ming, at the Far Eastern Olympiad to kingdom and prevents synonymity with

Canal agents that their large steamer had exhibited in all his service as Pre- be held in Manila February 1st to 10th, the West Democracy and aristocrey can

Stentor had fractured her intermediatesident of the Trustees The influence of 1813. This was decided at a meeting halo not be contrasted in China, as is the case

of the Collegn A service in Dr. Jack- in the Chinese Y.M.C.A., Shanghai, last in the Occident. They do not exist as shaft sorge 300 miles from Port Said. his truly noble life will be continually

proceeding ander easy steam. week attended by representative mea, of distinctive classes. With the exception Clamps have been fitted and the liner is present in all the life and development The Steator is a vessel of nearly 7,000 scu's memory.was held in Martin Hall. Shanghai from the universities, student of the Royal Family, there is bodies and the Y.M.C.A. athletic depart-hereditary aristocracy in China, save to

Mr. Chung overy student was present. a limited extent among the Manchus.ns, and is outward bound from the Tue attendance was voluntary, but almost

Clyde and Liverpool for Yokohama.

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75