1912-12-24 — Page 3

Page

SUPREME COURT.

Monday, 23rd December. IN BANKRUZ URISDICTION.

Berone HI HONOUR MR. H. H. J. GONFERTZ (PUISNE JUDGE).

THE AFFAIRS OF ARNDT AND CO.

With referonics to Arndt & Company, Mr. W. E. L. Shenton, of Messrs. Deacon, Looker & Deacon, appeared for the debtor, and 1r. Hind, of Messrs. Brutton & Hett, appeared for the petitioning credi

tor..

Mr. Shenton stated that there was notice of opposition on the file denying the acts of bankruptcy. He had a certi- ficate from Dr. Davenport, of Canton, to the effect that Mr. Arndt was suffering medical treatment and had been ordered to take a complete rest from work for a considerable period.

from acute neurasthenia and was under

His Lordship-Where is Mr. Arndt! Mr. Shenton-In Canton.

Mr. Hind--I have no objection to the ense being adjourned until next Bank- ruptey Court sitting.

His Lordship-I see the petition is

THE WHISKY CASE.

TEXT OF JUDOMENT.

THE HONGKONG DAILY FRESS TUESDAY, DECEMBER 2irm, 1913.

Following a the text of the judgment delivered or the 10th izst, by Mr. Justice Gompertz, in the case of A. 8. Watson & Co., Ltd., . The Wing On Company :-

"NO WAR JUST NOW."

STATEMENT BY THE CHINESE MINISTER OF WAR,

General Tuan Chih-jai, Minister of War, made the following statements in a conversation with the representative of the Ostasiatische Lloyd:-

TRAGIC INCIDENT IN THE TOKYO. POLICE COURT.

ENGINEERING IN CHINA,

This is an action for goods sold and delivered. The plaintiff's Company had on the 6th August supplied 50 cases of E. Whisky on the order of one Cheung, present, at her disposal more than eighty who purported to act as the agent of the divisions of ten thousand men cach, 1858 ing regrot at the misconduct of the youth, own control, so it has become evident to

to be parts of these troops are but newly en- listed recruits, who do not constitute an army efficient for active service in the field. The barking for war raised by in competent interlopers is certain to vanish away just as, some time ago, the cnthu vanished away also without achieving the siastic appeals for the patriotic loan have

slightest effect. The main task for China is at preast to restore the order in her

After that end

No demonstration is needed of the pre- sumption, amounting to certainty, that The Tokyo Chibo Saibansho was re- before many years are past China must cently the scene of a tragic incidens hee a largo customer in the world's Court had boon conducting the trial of a engineering markets. Already the ap- man named S. Arai, formerly an employé pointment of Dr. Sun Yat-sen as supervi- sor of railway construction in China of Mr. Y. Sudzuki, a silk-thread mer-

is shows in what direction the thoughts chant at Nihonbashi, Tokyo, wh

of Falleged to have embezzled ¥1,800 belong- the authorities are turning; and although China is not willing to wage war ating to his former employer. he aged Dr. Sun's initial schemes are open to informed criticism, the design of one comprehensive the present moment, because a war would father of the accused, on being

of the affair, committed suicide on the railway system for the whole country is be disastrous to the development of her 2nd instant at his home in Saitama Pro-surely founded on the right principle. Though China has, atfecture. Prior to putting an end to his Just as the Manchus endeavoured to intérior affairs.

life, the father wrote a letter to Mr. strengthen their hold upon the nation by Sudzuki, the employer of his son, express coordinating all railways within their

and announcing his luteation to commit the Republican leaders that effective gov- snicide by way of reparation. On receipt ernment, as well as that development of of this extraordinary information Mr. natural resourees and growth of commer and petitioned the authorities to drop permanent basis of settled order, is not Suzuki at once proceeded to the Court cial prosperity which are the only the case. The Presiding Judge, however, to be attained but by quickening means gave his decision, sentencing the accused of communication and by bringing all to imprisonment for one year, but an parts of the country into close mutual be suspended for four years. The Judge in respect of railways that a new field nounced that execution of sentence would relationship. Meanwhile it is not only then read the petition from the employer appears to be opening to the engineer in of the accused, informing the latter that China. The objection to mechanical his father had committed suicide on hear methods of development and fabrication ing of the crime. The prisoner turned in the past, that China's millions re pale and completely broke down. Medical quired not labour saving, but labour-em- aid was called and on the prisoner reploying devices, must yield to the growth covering, the Judge, in a grave bat of a better appreciation of what can be sympathetic tone, told him to hasten home done by systematic exploitation of the to attend the funeral, and to express his hidden wealth of the land. For the regret to the soul of his father for the moment we are passing through a phase crime committed. The accused burst into of antagonismi to outside assistance in tears and retired from the Court-zoom.--| these und similar realms of activity. But

house. own

has

been attained, China can dispense with thirty out of her eighty divisions, and can pick out some further three hundred thousand unserviceable soldiers. China is now on the point of training up good officers of lower as well as of higher ranks

against the two partners of the firm. The the salesman of the plaintiff Company in the military schools of Wu-chang, Japan Gazette,

other partner is out of the Colony,

Mr. Hind-He is at Home on leave. His Lordship-Do you want an order against Mr. Pittendrigh

His Lordship-You will have to amend the petition. You do not say the other partner is remaining out of the Colony,

Mr. Hind---I do not say that he is out of the Colony. I don't want to get an order against the individual..... partners, but against the firm.

His Lordship A firre cannot commit an act of bankruptcy. Partners can.

Mr. Hind One partner commits an act of bankruptcy on behalf of the firm, and then an order is issued against both.

His Lordship--Not against the other partner}

Mr. Hind-As against the firu His Lordship-In my opinion it cannot, I am only pointing this out.

Mr. Shenton--That point will be taken by me later on,`

His Lordship-It seems to me a little defectivo..

The bearing was adjourned,

THE PACIFIC. MAIL STEAMSHIP

SERVICE TO SHANGHAI.

MANILA'S BETTER INDUCEMENTS...

the

Ching-ho near Peking and in the military neademy at Pao-ting-fu. There are being trained now in these schools a thousand Temporarily all the students in all. cadets are educated for one year in the lover course of the military school. Later only graduates of the middle schools shall enter these schools. In this way China will gradually create an efficient army for the protection of the country.

MR. CRISP'S INDEMNITY.

Minister of

CITY MAN'S LOVE LETTER.

LOVE WITHOUT PREJUDICE,'

19

Marriage should not be regarded as a purchase but rather as a rental, the con- sideration to be daily instalments of for- bearance.

The following letter, recently received Chou-Hsueht-hsi, the

by a justly incensed correspondent, in- Finance, has told the Ortusiatische Lloyd dicates that the City man, by whom it was correspondent: "The negotiations with ritten, is far from being a Mr. Crisp's representative are still diff layer, even in his tenderest moments, says To-day I have discussed matters Vanity Fair. A more businessliks victim cult, with him for four hours, without coming of the tender passion never addressed his betrothed. The missive (one cannot say to a result. Mr. Crisp is willing to abanbillet doux, though it is intended as such)

on his claims with regard to Article XIV., if we pay him an indemnity of is typewritten, and may speak for itself:

*** 2990, Lombard Street, E.C., £100,000 sterling. This is, however, so

"October 18th, 1912.

In a previous com- much the less possible, as we have received

Dear but £270,000 sterling through him,

munication (dated 11th inst.), I acquaint ed you with my desire to enter into a contract of matrimony with yourself; and 1 acknowledge, with thanks, the receipt of yours of the 12th in which you give a reply in the affirmative.

that, we are convinced, is only a phase. A continuance of this isolation policy," Dr. J. Lowe wrote in a book recently re- viewed by us, in face of the yearly increasing population means poverty or misery in all classes." And the number of those who appreciate this truth must grow as time passes, to the common ad- vantage of all.

To some men indifference is the cold wind that fans the flame of their ardour, Corresponding to the general belief in to others it is the draught that extin-China's engineering future, special efforts guishes it.

are being put forth in many directions abroad in order not to he left behind in And thus the supplying of her wants, may be noted with pleasure the institu- tion of the British Engineers' Associa- tion, which has been brought into being "for the purpose of promoting the

Incorporated on April 26th. interests of British engineering firms in romantic China."

under a certificate of the Board of Trade, it is in no sense a trading profit-making concern, but is designed solely to con vert that dead weight of influence which must exist in an industry which pays an active practical force." Already the more than £2,000,000 a week in wages into Association includes a large number of the best engineering firms in Great Bri- tam, and its council, judged by the fist of names included, may well lay claim to be the most powerful ever formed in such a connection. Among its honorary members and advisors are Sir Walter Hillier, Dr. G. E. Morrison, Mr. Claude Kinder, Sir Charles Dudgeon, Mr. Byron I am rejoiced to think that we have, Brenan and Sir Charles Eliot; and full come to an agreement in the matter, bus arrangements have been made for the col- Special feel compelled to intimate to you that, lection and distribution of the best first. with Consols at their present figuro, our hand information to members. engagement is likely to be prolonged In efforts are also to be made to obtain Gov- the interim, however, I have purchased erament assistance, the on your behalf a ring (with a written arguing that when the British Govern- warranty as to the purity of the stonement either lands money or sanctions the set therein), and trust that it will meet leading of money to China, there should with your approval.

be a clause in such loans to the effect that the engineering plact purchased with such money shall be had from British The argument, of manufacturers."

Association

INTIMATIONS

RINGWORM ON CHILD -WAS GOING BALD

Face and Head Affected 12 Months.

Improvement After First Use of Cuticura Soap and Ointment. Soon Trouble Disappeared. Also Cured Grandmother of Bad Ulcer.

**I cannot speak too idghly of the Cuti- eura Soap and Ontaient. Matte girl had ringworm very badly on tra head and

face for gutte twelve

months, I tried all kind of remedies but found no benefit from any. I took her to a doctor but was told it would take a long time to care her, so decísted to go to a siin hospital. The ringworm still con- Linued to spread, in fact, she was losing her ale through it. I was afraid she was going bald, and I got quite disheartened until oue day I met a friend who had just cured her little girl with the Cuicura femedies, and who advise ins to try them. With the first application I could see an improvement. In a few weeks, the ringworin had disappeared, and the bait which had previously fallen off her head was growing fast, many thanks to Cutfeura Boap and Ointment. My little girl will now bear Inspection by anycoe, She lias

splendid skin and a lovely head of hair.

My mother had a bad ulcer on her ankle, and is quite cured with Cutleurs Oint- ment and Soap. I would not be without the Cutleure Remedies, and the Soap is an refreshing and cooling in the bath. It is worth two tablets of ordinary soap for cleansing purposes. I have recommended the Cutler Remedies to my friends with equally good results." (Signed) Mrs. Loxley, Hale End House, Hale End Rd., Wal- thamstow, Essex, Eng., Jan. 14, 1911.

Samples with 32-p. book free from nearest depott E. Newbery & Sons, 27, Charterhouse Hq., London; R. Towns & Co Sydney, N.S.W.; Lenton, Ltd., Cape Town: Muller, clean d & Co., Calcatta and Bombay; Pøtter Drug Ohem. Corp., sulo proje., Boston, U. . .

89-7

Chs. J. Gaupp

& Co.,

ALEXANDRA BUILDINGS,

CHATER ROAD.

CHRONOMETER-MAKERS,

WATCHMAKERS,

JEWELLERS AND OPTICIAN

defendants. The whisky was delivered to the defendants, of the Oriental Trading Co., c/o Kwan Tai Cheung stating that the defendants fad not much storage room and that Kwan Tai would store the whisky and supply it to them as it was wanted. The goods were delivered at the Kwan Tai premises and the order was returned receipted by the signature of the manager and chopped by the Kwan Tai firm. Four days later Choung returned and asked if the goods had heen duly delivered. He was told that they had been, and he asked to be lent the receipt, which he took away with him. As he did not return Mr. Phillips, through whose hands the transaction bad passed-went to the defendants' premises Mr.Kwok, the managing and saw partner. Whether Mr. Kwok then said that Cheung had been discharged is dis- Mr. Hind-If the order goes against the firm it operates against both partners.puted, but it is clear that Mr. Kwok repudiated any responsibility on behalf of the defendants and that Mr. Phillips told him he would hold the defendants liable, It appears that some time in April last, Mr. Kwok had been to the plaintiffs' cellars and informed Mr. Phillips that the defendants had recently obtained a liquor licence and were desirous of dealing with the plaintiffs. There is some dispute as to what exactly was said on this occasion, but I am pre pared, to find that Cheung was introduced to Mr. Phillips as the person authorized to order liquor on behalf of the defen dants. A course of dealing was thus instituted, the orders being given by Cheung, and this lasted into July. For the first month there were cash payments: subsequently there was running account usual in the trade. It was given in evidence that Cheung's services with the defendants terminated at the end of July. Now these goods were ordered on the 6th August, but no notice of this had been given to the plaintiff Company. Mr. ACCIDENT TO THE "PATROCLUS. Bowley contended that the defendants were not liable, as Cheung had acted

The Blue funnel str. Patrochus which outside the scope of his apparent authority. He laid stress on two porter left-Taky for Tairon on the 12th instant, (1) That this order for 50 cases was failed to arrive at her destination next | far larger than any previous order given day, according to her due time, and as on behalf of the plaintiffs by Cheung, she did not put in an appearance at (2) That delivery was to be made, not Tairen during the next two days, some on defendants own premises, but at anxiety was felt with regard to her safety, another address altogether. To this it is and H.M.S. Monmouth went out in answered, and I think fairly, that 50 cases search of her. Nows was received at The now schedule of the Pacife Mail was quite a usual order for the plaintiff Shanghai last Wednesday that the

"Can you dine with me some time Steamship Company provides for the Company to receive in the course of their Patrorfus arrived at Tairen at 1 a.m. during the current month at 7-15 (or calling of the intermediate steamers at business. The largest order previously that morning, escorted by the Monmouth, 7-30) If so, please send note by bearer.

I have a file (with index) for the safe course, suggests some misunderstanding Manila on both the outward and home-given by the defendants at any time was and that the reason for the delay in.

for 9 dozen of liquor, but Cheung had her arrival was an accident to her custody of the letters which I hope to re of the grounds on which the British Gov- ward trips. Most of the big ships will been introduced by the defendants as their main shaft. There is no damage whatever ceive from you. As Friday is mail day. Iernment sanctions the lending of money, call at Manila on the outward journey buyer and had acted as such for some to cargo, but temporary repairs to the trust that you will allow me to postpone not indeed as involving any specific fay

With our to the parties interested, but in ENGLISH, AMERICAN and one big ship also on the homeward months. I do not think the increase in shafting will have to be effected at replying to same till Saturday.

the size of the order was in itself a Tairen, necessitating short delay this exception you may reply upon my pursuit of its general policy for the

GOLD AND SILVER WATCHES. prompt attention to all communication. Fostering of Chinese finance. But in so circumstance which should necessarily there.

"I. Q. . many thanks, and am your far as the Government can no longer re-

AND SILVER BRACELET have put the plaintiffs right on enquiry.

dr. for the very pleasant hours that I main indifferent to the keen competition GOLD Again, there was a perfectly plausible

have spent in your charming coy. I hope to which its nationals are subjected in

WATCHES. reason given for the request that the

to make a suitable acknowledgment of the China field, the Association is worthy liquor should not be sent direct to the

same (orally) at a dato shortly to be of the warmest official support. It is defendants premises. Sitting as a jury,

arranged. I am disposed to find that the order was

This letter already exceeds a folio, pointed out that the Germans are spend- ENGLISH MOUNTED CHINESE JADE £100,000 on the erection of German properly taken by Mr. Phillips and that

Jobbery but is N.S. to express the depth of my engineering schools in China and are fur- I have indeed ther devoting themselves to attract Chi- the defendants are so far liable, But the

of $150 from their ship, the str. feelings towards you, value of these gouds is, of course, upwards Petchaburi. It was stated that the boat suffered a total loss of my heart, and my nese students of the right class to Americans also are by no of $1,000, and the defendants rely on Section & of the Sale of Goods Ordinance swain harf the money upon him in bank affection towards you is not Ltd. It will Germany. Is there anything to bring the contract notes, to be distributed among the crew endure many years after date. You have means idle. In these circumstances the

The three defendants crine, no more devoted admirer than myself in old policy of British official aloofness MAPPIN & WEBB'S within the execptions provided by the for wages.

I cannot express my feelings, in terms Statute Mr. Stephens suggested that up to him and asked for their wages, the UK. (P.T.O.)

but the boatswain said he would have to of specia; the surrender value of my the paper delivered with the goods and change the notes into subsidiary coin (see above) is considerably below receipted by the Kwan Tai constituted a before he could pay them. They then sufficient note or memorandum within the assaulted him and the first defendant took par, for you hold the entire block of pre meaning of Section 6. But this paper the notes. Two seamen came to assist theference shares in same. I can only add omits an essential element of the con-

when we shall start à jt. act. tract, the price which had been agreed, boatswain, but were stabbed by the second that I am anxiously awaiting the day Till then, believe me to be (without and it will not therefore meet the ease, and third defendants, ons of the seamen

prejudice)..

Yours, etc." Again, there are two letters, the one from having to be removed to hospital as the

result of the injuries received. the plaintiffs' solicitor to the solicitor for third defendant was fined $19, and the

(Errors and omissions excepted.) the defendants, dated 7th September, the other men were discharged. other in reply from Messrs. Dennys & Manila offers us all the business we Bowley, dated September 7th. The first can handle," he said, "and much greater contained the material particulars of the advantages. In Shanghai we compete contract and the second, acknowledging it, with the Japanese trans-Pacific lines was, of course, signed by the defendants under great. handicap owing to their solicitors. I was in some doubt whether government subsidies. But the point that these letters taken together did not con- weighs with us principally is the heavy stitute a memorandum sufficient to satisfy port dues and the system of administer the Statute. But I think that the law ing them. This system, through its four was correctly stated by Mr. Bowley-that months' clause, gives the coasting vessels there must be some recognition of a and local lines a tremendous advantage, pre-existing contract even if the writing But here if the owing to the fact that they make several expressly repudiates it. calls to our two, by each vessel, during correspondence is looked at, it appears the four-month period covered by each that the defendants all through denied all payment of port dues. However, we knowledge of any contract. The next have never made formal complaint about point is whether there was an acceptance this, and whon better facilities were and actual receipt of these" goods. I offered us elsewhere; it was but natural found that the defendants are estopped from denying the authority of Cheung to that we should take advantage of them. Another point that induces us to go clse-order these goods, and it naturally follows where is high cost of lighterage and that a receipt given by the firm to which stevedorage here. It costs $1.12 (Gold) he requested the goods to be consigned is per ton in Shanghai, against six cents a good receipt as against the defendants. gold at Hongkong and nine cents gold But I do not see that any acceptance has

run.

In this connection it is announced that the number of walls made at Shanghai by the mail ships of the P. M. and T. K. K. companies under. their joint schedule will be reduced by 40. Thirty-one calls will be omitted on the outward trip and twelve on the home trip between San Francisco and Hongkong. Mr. R. C. Merton, Shanghai manager of the P.M. Company, will be transferred to Kobe and the Shanghai office relegated to - condary importance.

"It was not that we wanted to cut out Shanghai, but that we found it more advantageous to go elsewhere for busi- This was, in brief, says the China Press, the explanation made by Mr. A. J. Frey, Vice-President and General Manager of the Pacific Mail Steamship Company, of that company's withdrawal of several steamers from this port of call. Mr. Frey is in Shanghai on a trip that combines business and pleasure, accom- panied by his wife and child.

at Manila. However, we still take care been established against the defendants

of a very large quota of goods and passen- gers, from here and will continue to do

There is no evidence as to how the Kwan Tai dealt with the goods after receipt-

so, although at one time we considered or that they purported to deal with them

2

AFFRAY ON A STEAMER.

Three Chinese seamen were charged, before Mr. Melbourne, yesterday, with being

concerned with the

The

Odol

Odo! Is the first and only

seriously cutting out Shanghai entirely. on behalf of the defendants. This is preparation for cleansing the mouth and Freight to and from Shanghai, when not sufficient to distinguish this case from carried by our steamers directly, can be Dodsley v. Varley, 19 A. & E. 632, which transferred without extra cost and not was relied on by Mr. Stephens. Nor, much inconvenience in Japan. Our again, do I think that the fact that the through passenger transportation will be goods or some of them remained on the. honoured by the other lines running premises of the Kwan Tai can constitute between here and Jinese ports, so that an acceptance by the defendants. It is tourists who 'desi. come to Shanghai clear on the evidence that the defendants will find no dif» in doing so. Of repudiated all knowledge of the alleged course nuder the routing to some of contract so soon as it was brought to our smaller steamers, Shanghai will cease their notice, and that they never had to benefit by the visits of many travellers any tiring to do with the goods. There bound straight through for Hongkong must be judgment for the defendants with

costs. and Manila.

teeth which absolutely counteracts the causes of microbic fermentation. While all other preparations are effective only during the few moments of application, - the antiseptic and refreshing power of Odol continues gently but persistently for hours afterwards. This absolutely certain effect, scientifically proved, is principally due to an entirely new and unique property of the preparation which causes it to penetrate the interstices of

the teeth and the mucous membrane of the mouth, to a certain extent impregna- ting them, and thus securing an after effect lasting for hours, which no other mouth-wash can produce, not approximately

even

Owing to this characteristic, peculiar only to Odol, the whole oral cavity, to its minutest recesses, is completely freed from and protected against all ferment. ing processes and injurious bacteria.

-Of all Chemists and Stores.

[1.399.7

from trade interests can no longer be pursued without grave risk.

FINE

DIAMOND

JEWELLERY

OUR

A SPECIALITY.

JEWELLERY.

AND

SWISS

SILVERWAKE,

CUTLERY and

PRINCES PLATE.

Already the Association has been an proached to extend its influence to South America, Africa, Mexico and elsewhere. But for the moment it proposes to devote sphere of useful activity has been sug its attention exclusively to Chira. One gested to it in the Hongkong University, of which the Dean of the Engineering Faculty has made an indirect appeal for an equipment of British machines, alike for the instruction of students and te

Thert attach them to British models. seems little doubt that the appeal will not go fruitless. But while so much is being done at Home for the furtherance British interests in China, t is only fair that some corresponding effort should be put forth by those on the spot. While engineers are making provision for them- selves, there are other directions in which In organization might be welcomed. particular, the time is surely come for the formation of a British Chamber of STUDY Commerce. Other nationalities possess ch, but the British merchant remains Batisfied with the Shanghai General Chamber of Commerce; and while we would not underrate the usefulness of that body, or dispute the harmony in which its merabers work, it is obviously incapable of doing what might be done by

British Chamber. an exclusively. Hitherto business men have been able to continue without inconvenience on the old lines, and indeed, a suitable motive for forming a British Chamber of Commerce may have been difficult to find. But to day we stand at a dividing line in more senses than one, between the old China and the new, and the time is propitious to follow where the British Engineers" Association has given so useful a lead N.C. Daily News.

There is a viear of a country parish in the Midlands who has a great and deserved name for learning. He had & brilliant career at Cambridge, but has settled down to humdrum, though useful rural life. A stranger lately wandered into the village who knew of the clergy- Your vicar is a very man's reputation,

," said he to a parishioner.

able ma, Why, he is a wrangler," "1.

Ehi

never heard of that," was the rustic's reply" but his missis is!'

OF

THE EYE

45

and its anatomy and our long experience is correcting defective vision enable us to tell beyond doubt if your eyes will be benefited by wearing glasses.

Our method of testing is scientific and accurate. If you do not need glasses we will tell you so. If you do need glanes we can supply and fit them at extremely moderate prices,

MAKE CERTAIN. WE WILL TELL YOU.

LARK & Co. SCIENTIFIC OPTICIANS WORK BLOGS, CHATER RD

HONGKONG

75