1913-05-27 — Page 3

SUPREME COURT.

Monday, May 20th.

IN APPELLATA JURISDICTION,

Mr. Jenkin briefly replied; and said there was no evidence before the Court as to the capability of these coolics in carrying the londs. The Court would ser from the evidenes of the tallyman that the man carrying the two blg baskets--the BEFORE THE CHIEF JUSTICE (BIE WM. REES men doing the heaviest work would de

DAVIEB, K.C.) AND THE PUISNE JUDOE

about five journeys a day. The journey, he believed, was about half-a-mile. They had no evidence as to how far the coolics carried the baskets, or as to what they held in the matter of weight, The Court was no better informed at the present

(Ms. J. H. KEMP).

A QUESTION OF WEIGHT. Tho Kwong Hang firm appealed againat a judgment of the Puisno Judge delivered on the 9th April in favour of

THE HONGKONG DAILY PRESS, TURSDAY, MAY 27cm, 1913.

THE SITUATION IN CHINA.

AN INTERVIEW WITH CHINA'S PRESIDENT.

Mr. Thomas F. Millard, Editor of the Ching Press (Shanghai), had an interview with President Yuan Shih-kai on the 16th inst, and in giving an account of it he say

administration of Government." They fack practical experience, and knowledge of the real situation of China. The dis- affected politicians are of two classes: those who are dissatisfied with the rewards and offices they have received under this Government, and those who so Their for have had no rewards and offices; and efforts are entirely destructive.* hope to got them by a elange.

Chan Wo in an action to recover $2,000 time than the Puisne Judge was as to enough if one is welcome. An appoint in the art of self-government.

for work done and labour supplied in accordance with a contract to convey n cortain quantity of earth.

Mr. F. C. Jenkin (instructed by Mr.

whether a coolie conld carry a picul and The a half. or whether be could not journey was downhill, and there was no to sprint, necessity for the coolic

YUAN TOO CLOSELY GUARDED, It is not easy to reach Yuan thèse days; that is, it would not be easy for anyone whose presence is not desired. It is easy ment in advance is necessary. One is notified to euter by a certain gate. The President had sent word he would receive ine at 5 o'clock in the afternoon, and I was told it waccessary to allow about arrive at his residence. The President is not as accessible as he was last year, when he lived in the new Waichizopu building He now lives in the Imperial City, in one of the many places over beyond the lotus pond.

The

AERIAL DEFENCE.

A STRIKING COMPARISON IN POWER.

Lord Montagu of Beaulieu gave to the House of Lords recently some valuable

country and on the Continent. He raised statistics relating to aerial defence in this

the question by asking for a return show-

· ASSEMBLY SHOULD BETTLE DOWN.

ing the number of dirigibles, aeroplanes, I inquired what expectation he enter and waterplanes now possessed by the tains regarding the Assembly.

"Our problem now is to adapt repub. chief countries of the world, and the lican institutions to the needs and amount of expenditure for military or It will be naval aviation proposed during the character of the Chinese, necessary gradually to educate the peuple | coming year Assembly was elected by the people to aid in the organization of a permanent Gor ernment. How can it do this until it has organized itself? It cannot rulo the Nation until it learns to rule itself. help, the Government must continue to The Republic has function without it. now been recognized by the United States and other republican nations as a stable government, and it cannot fail to full this position. I, as President, would not do my duty if I would permit the Govern -munt to become the sport of rebellions factions. I hope the Assembly will settle down and assist me in establishing the Government on a firm constitutional basis. It is one thing to criticize officials at long range, and quite another to deal with the actual problems of government."

I asked.

Leo d'Almada) appeared for the appellant (Laughter.) He could do it in sections. forty minutes from leaving the hotel to Until it is capable of giving intelligent that we should train the men of the

Birm, and Mr. M. Slade, K.C. (instructed by Mr. Otto Kong Sing) represented the respondent.

Mr. Jonkin said this was a question as to whether or not a picul was one basket

or two baskets,

The Chief Justice-That is the whole question t

Mr. Jenkin assented. Mr. Slade-I do not agree. (Laughter.) Mr. Jenkin mid the claim was for

He (Counsel) thought the chair woolies carried 400lby, between them occasionally to the Peak Tram Station. He submitted that his witnesses in the box had told the truth, and each of them said without a shadow of a doubt that a pieul was a basket,

The Chief Justice observed that he would have thought that this question had

been decided before somewhere.

ལྭ

Mr. Jenkin agreed, and said it was his suggestion that this was so well-known

"What is

He pointed out the seriousness of the new problem, how we were behind great Continental Powers in "sky-power," and emphasized the necessity of an adequats air force for defence. His main conten- tion was that it was absolutely necessary present day and so get in course of tinn available in case of war. Going into a number of trained men who would be details of our present supply of material, he said that at present we had three Wi Office and two Admiralty dirigioles, between 170 and 120 War Offee neroplanes, and 75 navel waterplanes, but a quarter of the aeroplanes would necessarily bo out of order at a niven time, pilots, we were in a serious position; a margin of at least 50 per cent, was neces sary for efficiency, and he suggested that system should be tried special rates of pay and gratuities for the number of hours spent in the air. He did not think at present we could only train 120 pilots we had half enough training schools, and a year. He pressed on the Government very seriously that they should provice military stations in various parts of the

housing accommodation. country, and in addition more sheds and

As to

81,000 balance due under a contract by He thought it would be na well to get this Evidently I was expected. A sentry took agitators Our policy toward political something in the nature of the French

Measures

question, as to whether a picul was a basket, thrashed out by offering more evi dence before the Puisne Judge:

Judgment, was reserved.

SERIOUS CHARGE AGAINST AN AUSTRIAN.

which the respondent undertook to carry earth from one point in the Colony to another,

It distinctly stated that 120 baskets were to be a thing, the price to be at the rate of $8 per ching, and it was stipulated that cach basket must be fully loaded with earth. The tallyman's record showod how much earth was carried away each day, and their Lordships would ob- serve that it was tallied out in piculs, THE POSSESSION OF BANK-NOTE IMPRESSIONS, whereas in the contract the only reference

Yesterday at the Magistracy, before wero in to weights and

Mr. Melbourne, the hearing was continued "baskets" and "chings."

The Chief Justice-Who prepared this of the case in which Auston Hauler, 35 years of age, a native of Austria-Hungary, tallyraan's document 1

and described as a broker, is charged with having in his possession papers upon which were impressions of bank-notes of the Netherlands Trading Society, the Chartered Bank of India, China and Australia, and the Hongkong and Shang hai Banking Corporation. He is further charged with having in his possession an

10 rounds

of automatic pistol and ammunition without a permit from the Captain Superintendent of Police.

Mr. Lewis, of Messrs. Johnson, Stokes & Master, conducted the prosecution, and defendant was represented by Mr. R: C. Faithfull,

Mr. Jenkin-I believe, from the evi- dence, that we prepared it, and we also

tallied it out. I am defendant, and em-

ployed the respondents to carry this

earth. Our case is, of course, that a

basket is a pioul, and that therefore they were entitled to be paid at the rate of 13,477 baskets. The respondents' ense is that they have carried just double that amount of baskets-20.054.

Mr. Slade The word translated picul istam," which means a load. We say that 13,000 odd coolic loads were carried.

After reading from the depositions, Mr. Jeukin asked his Lordship the Puisne Judge if he would give some indication as to the basis upon which the judgment

was given.

The Chief Justice-I should have thought you would have asked for that

Mr. F. Browne, Government analyst, gave evidence as to the contents of the bottles found in the defendant's room. One contained clove oil, which could be used for toothache or for loosening ink,

Arriving at the inner gate, one encounters evidence of the cure taken to .otect the President, and if one call credit reports these precautions are necessary. There is not one soldier on sentry duty, but at least a score, in com- mand of a commissioned officer. It was recessary to leave the carriage here. my card to the officer, who politely passed me through, and gave the card to a soldier, who conducted me some distance, to the border of the lotus pond. There was waiting a gondola-shaped boat to ferry across the pond. On the opposite landing, Mr. Chang, of the Waichiaopu, met me, and conducted me through a complicated series of courts to a waiting room. Soldiers were everywhere, at every gate, at every door, along the walks, at Strikingly well-equipped every turn. and set-up men they are, too, Sentries came to attention, clicked their heels and saluted in approved style. Everything indicated alertness and discipline.

THE PRESIDENT'S UNAFFECTED DENRAÑOUR,

In two or three minutes word came that the President was ready to re me. Passing through more courts, I met Admiral Ts'ai Ting-kan, whom I had preted the conversation. Eminence has now before, and who courteously inter not altered Yuan's simple and unaffected demeanour. His greeting was a hearty hand-shake, after which we sat at a table and commenced to talk about affairs. I congratulated the President upon his appearance, and said that he had bora the strain well.

ALL am

To conciliate as far as is possible, thinking that they may be led astray more by weakness of the head than bad

But there must be a ness of the heart. limit where conciliation will end, and stronger measures will have to be taken However, although I have been vilified and misrepresented. I harbour no rancour toward foolish persons who are misled by false reports. But there is a limit beyond which agitation against the Government cannot be tolerated Freedom does not mean that wicked persons are free to destroy law and order."

Lord Montagu showed the meagre pre- parations by giving these facts: -- Germany has 24 dirigibles (14 of them waterplanes; France has 20 dirigibles publicly owned), 420 aeroplanes, and 25 and 585 acroplanes. Russia 12 airships THE ATTITUDE OF FOREIGNERS.

and about 230 aeroplanes, Austria six The President was much interested con- dirigibles (lour publicly owned) and 135 cerning the attitude of foreign residents, aeroplanes. As to the financial estimates especially in Shanghai, toward efforts to for aviation, Germany was proposing to beginn, revolt, and about the 1186 of spend £7,000,000 for this year; France, Foreign Settlements as a haven for Chi£1,500,000; Russia, £1,000,000; Great Bri

£160,000; and He expressed tain. £601.000; Italy, nese political agitators. strong gratification when I said that Japan, £250,000.

Lord Beauchamp said that in the throughout Chion so far as I had absence of the representative of the War foreign sentiment in Shanghai, and served, unreservedly condemned such Office he could only assure Lord Montagu sidered by the War Office, and Lord agitation, and objected to foreign settle that the various points should be con ments being put to revolutionary use,

That is a just view for foreign resi Montagu, in thanking him, said he would " he said. Foreign be willing to communicate any figures in dents to take, residents are in China chielly to trade his possession. with the Chinese people, and trade cannot thrive when the country is in disorder, Foreigners will be and when the law and rights of property able to distinguish between fair criticism of administrative policies of the Govern ment and attempts to incite the people to armed revolt. Opposition is one thing; sedition is another. It sometimes is difficult to draw the line exactly be tween them; but the limits of legitimate eriticism are pretty clearly defined. This limit has been overstepped in much of the propaganda of the agitators in Shangbai. But I believe the people are such persons."

a little older, he said humorously, pointing to his head, which is now completely white. Perhaps here not respected. meant to connect his snow-white crop In the various interviews I have had with his experience as President. with Yuan Shib-kai, I have asked him many delicate questions relating to important matters of State and policy, and I have never seen him hesitate an instant in replying, nor fail to make an His mind is keen as a adroit reply. whip, his eye bright, and his expression in a particularly good humour yesterday. and laughed and joked frequently. It often has been remarked that whatever cares may rest upon him. Yaan never betrays any worry. To the public, he always is cheery and optimistic.

TRANSAUSTRALIAN RAILWAY.

ROUTE VIA AVON VALLEY DECIDED UPON.

INTIMATIONS

HAIR CAME OUT

IN HANDFULS

Began as Ringworm. Left Bal

Patch, then Scaly with Hard Crust-like Substance. Cuticura Soap and Ointment Cured Her.

12 Ford Rd., Gosport, Hante. Eng.-- My little girl's head was bad for nearly two years. It first began as ringworm.

The bair camo out in handfuls, leaving a bald patch, and thon. I became scaly with `n hard crust-Mco sub- staneo. It would

Sweep 000

necasianaly

* kept

and be sare, I her home from school looked so badly. and it was very irri tated and of course

Was a great worry. I tried several remedies without success, but that ilid not scom to do it much good. I used Cuticuro Roop and Olntinent them. The first application seemed to ease it, so I persovered with them and it soon tot in the way for the better and now it is all right. Cutleura Soap and Ointment curd riy child, and her Imir to growing." (Signed) Afra. Selluna M. Peters, May 23, 1912.

· Cuticura Soap and Cuticura Olniment do so much for poor complexions, red, roilgh hands, and dry, thin and falling hair, and cost so little, tixat it in almost criminal to use them. Bold everywhere. A sample of each with 32-p, boala fròs from rivarost depot: F. Newbery & Sons, 37, Charterhouso- 8. London; K, Townn & Co.. Sydney. N.S.W.: Leanion, Lid., Capo Town; Muller, Afadigan & Co., Calcutta and Bombay; Pot- ter Drug & Chem. Corp., Boston, U. 8. A.

Tender-faced mon should shave with Cuteurs Soap Shaving Bilck. Bamplo froo.

The earthworks in connection with the ZEISS Kalgoorlie section of the trans-Australian railway line are now completed for a distanes of 17 miles, and the clearing gang is now 25 miles out. At the depot there

300 tons of rails. 150 tons of fish. lates, and 6,000 sleepers, and it is anticipated that plate-laying on the main

before you considered the question of Another contained sodium of bicarbon, invariably good-humoured. He seemed too sensible to be led into rebellion by Line will now have commenced.

appeal. That is the natural time.

Mr. Jonkin--I do not know whether

I could have done so, I am sure.

The Puiano Judge said he would give roughly the facts which weighed with hira in giving judgment. The word "tam' bad a double meaning-a "load" and a "picul" and he took the natural meaning to be a load carried at the shoulder in two baskets on slings," the average load carried in that way weighing about 100 catties. The sare word applied to the weight and to the load, and in that way a loud became the same as a pioul, apicul of 100 cutties being the ordinary amount carried on the shoulder by a coolie with two baskets with slings. The plaintiffs' case was that one ching was equal to 120 baskets of half apicul each, and that appeared to agree with the natural meaning of the word. "lam" Defendants said that the coolics

carried a lead of two baskets, each weighing one picul If that were so, the coolie would carry 266lbs., or 19 stones, which seemed to be almost impos

Bibic.

EL

which was used for medicinal purpose, and for loosening the fibre of paper. A fifth third contained turpentine,

a sixth eucalyptus oil, and carbolic acid, the others contained various compounds. Cortain of the other exhibits handel him

by the police smelt of oil of cloves, Witness stated that Mr. Weigal explained to him how the impressions had been made, and at the request of the police witness made sime experiments with a ve dollar note, following the process as it had been explained, and produced an impression which was handed in.

Cross-examined by Mr. Faithfull-Wit ness did not think he could make bank notes himself. It would require a lot of practice.. The ink on bank notes was peculiar and required oil of cloves to cosen it. If the fibre of the paper were loosened the ink would come off much more easily,

A question of interpretation arose Accused, on being asked if he understood the evidence, replied "More or less.”.

Mr. Lewis said that unless prisoner admitted that he fully understood the evidence he would need to have a sworn Court interpreter and have the evidence read over to the prisoner t

Defendants said they counted za catties to the pical for this purpose, so that the load would be a little over 2001bx. His Honour did not know whether it was likely that the coolie would be able to carry 14 stones of loose preter that he understood all that was

earth from Connaught Road to the Praya." It seemed to him to be unlikely, and that weighed with him.

Mr. Slade called attention to the state- ment by one of the chief witnesses, Mok Hing, who deposed that 120 big baskets made aching. There were snall baskets ከ6. well as big ones. Under the contract 120 baskets would equal 120 pieula. It seemed to be perfectly clear, said Counsel, that a coolie would not carry two piculs He would not be able to carry over

Prisoner intimated through the inter-

going on.

Mr. Faithfull ther cross-examined the witness Weigal at length, and the hearing was again adjourned.

the

|

I asked about his plans for China,

"First to establish a permanent Govern ment; then institute measures to develop the country and increase its prosperity, while remaining at peace with other nations," he replied.

"What form of government do you favour?"

A republic, of course," he said. "Now that the people have decidest upon a republic, we should give it a fair trial, It would be foolish to think of reverting to another form of government before doing our troost to make the Republic

a success."

"It is alleged in some quarters," I said, “that you are not sincere in sup- porting the Republic, and that you plan to restore a mounrely with yourself on the throne,"

THE NORTH AND ROUTE ARE ONE. "Are there any differences between the north and south which cannot be adjusted by sensible treatment?" I asked.

There are really no serious differences

These diffor between north and south.

ences

For one months past the Government experts have been making exhaustive inquiries as to the best route for the branch gange line which is to be con- structed by the State from Fremantle to Kalgoorlie to couple up with the trans- are the inventions of designing Australian railway Their reports have to the route to be followed. The Acting politicians. The interests of all parts of now been submitted to the Government, the country are one, and all sectional and Cabinet has arrived at a decision na jealousy should be sunk in efort to con- solidate the Nation. Opinions may differ, Premier (Mr. Bath) made the following but the will of the majority should be statement to a Feat Australian repre- respected and until the will of thesentative in regard to the matter :- majority has been ascertained, and a way to express it in Tegislation has been put into effect, the Government has no course but to act as seems to it wise and just The Government cannot accept the acrid fulminations of politicians as the will of To do so would lead to the people, chaos."

The trial surveys are now sufficiently completed to enable the experts, Mr. Thompson (engineer-in-chief) and Mr. Light (engineer for existing lines), to make a definite recommendation to the Cabinet. In the first place an effort was made to secure a route through the Darling Ranges Armadale, hut the I asked the President if he thinks that engineers had not proceeded very far recognition of the Republic by the United before it was realised that through the States will be of practical help to China. engineering difficulties which would be

THE POWER OF SENTIMENT.

at this time,

experienced in the construction of the railway in that direction a less expensive route would have to be sought. Attention was then directed to the Avon Valley from Midland Junction, and after one or two

trial surveys had been made it was dis obtained for a line along the Wooroloo covered that a grade of 1 in 80 could be Brook, connecting up on the existing line to the eastern gold-fields at a small piace

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"I believe it will be," he replied. "1 A NAPOLEON OF A WASHINGTON,

am not one of those who depreciate the "I know that such accusations have

influence of sentiment upon practical been made, he replied, "but a man in

affairs. I believe that sentiment plays a public life cannot escape vilification,

and of nations. This act of America Has my conduct given warrant for such great part in the affairs of humanity, suspicions I leave the answer to the world. Since I embraced the Republic cannot fail to stimulate our people to I have worked to make it a success. If make effort to deserve the trust."

The President inquired about efforts of it has been in danger of disruption, the

Chinese politicians in Shanghai who have danger did not spring from me, but from been opposing the Government to prevent called Werribee. those who would plunge the nation recognition by the United States, by into civil war."

"Some persons I said.

sending telegrans to Washington and say you wish to be an New York protesting against recognition other Napoleon,

Yuan Shib-kai laughed.

That should show who did and who Yes, I know they say that," he said. did not want to see the Republic estab But they are wrong. I have taken

"I have been Washington, not Napolcon, as my model, lished," he remarked. Who is the most adraired figure in labouring to secure recognition of the Emperor? No. Is is Washington, What are talked republicanism for years were which side of the river the line will run history! Is it Napoleon, or any, King or Republic, and when these efforts were about to succeed, some politicians who did Napoleon leave↑ A torn and ex- trying to prevent recognition, because between Midland Junction and Fremantle hausted country. What did Washington they thought that recognition would is a tatter for further investigation, create? A great and free Nation Why strengthen the present Government. This which is now being made. would I want to be a Napoleon when I reveals their so-called patriotism in its Werribee, the point at which the trans- THE might become another Washington ?**

What is the chief need of China at present?

"Peace, within and without.”

first?"

The adoption of this route has been The the exports. recommended by estimate shows a saving of 50 miles in length and of £197,000 in cost of construc- tion as compared with the Armadale Cabinet has adopted the proposition. recommendation of the experts, and the Junction and along the route mentioned,'' line will, therefore, go through Midland Mr. Bath added: The question es to

true light."

If Yuan Shih-kai has any qualms Australian line will join the route of the about the political situation of China, existing vastern goldfields reilway, is his manner does not reveal then three miles to the cast of the station fesses to beliers that agitation against known as Woorolog and 40 miles from

Perth. the Government has reacted upon the instigators, who are now discredited with the people, and who will not be able to make headway in any effort toward an other revolution. He would say this, of course, no matter what his real opinion

THE POSITION IN TIBET. The re-establishment of Chinese auth- ority in the tracts outside the borders of Tibet proper must be a slow process, writes the Allahabad Punteer, and any.

What reforms should be undertaken adventurous policy in the way of an Advance towards Lhasa would involve

It is necessary to reorganize the serious risks. But. Yuin (the provin- cial Governor) is ambitious to emulate revenue system and the methods of taxe These reform 200lbs., but he might carry a little over. actions of thy late Chao Ertion; also the currency.

are necessary to make others feasible 100lbs. if he were a strong man. Accord. feng, and in spite orders from Peking Productive enterprises should be encour

he may eventually begin a campaign on aged, and the resources of the country might be for Yuan ja an astate politician ing to the evidence for the defence, a

a pretentious ele. The position is one coolic who carried two big baskets would that may case alarm at Lhusa, and hence developed, so that the people may become above all things. But in this instance rosporcus Prosperity of the people is the facts appear to justify his belief that the true foundation of stable, govern to the radical opposition be entitled to remive 16 cents as pay it is important to know whether the nent, at the rate of eight cents a basket orders of Yuan Shil-kai against an A limit must be put to the He submitted that the judgment of the 398ressive movement against Tibet hold

good

· Court below should be confirmed, as ambition of provincial governors sooner there were no serious grounds for alter or later, if Chinese policy as a whole is to command the respect of European iog it. It had to be shown

Боше to Powers; and in this instance

A number of butchers' coolies had a fight the satisfaction of the Court that the definite pronouncement is required from of such agitators," he replied. “I am The British Government have sure the people will not support them.

in Queen Victoria Street, alongside the Peking

Such men exist by planning revolution. Judgs in the Court below was wrong, and the right to demand this, for less com-

Central Market, and in the melće "one he (Nr. Sinde) thought the Court would plications with regard to Tibet will They have got the habit. They have the

inan who came from Saiwanho met his confirm the judgment. There seemed to inévitably occur if Fuin is to be allowed revolutionary itch inside of them, and

a free hand in Eastern Tibet with the they cannot help agitating. Snch men, death. A number of the men concerned as a rule, have no constructive pro- be no material ground put forward for

local forces under his direct orders.

gramme or practical plans for the in the melés was arrested. reversing it.

ment."

·THE CKFORT AT REBELLION.

I asked the President his opinion of. recent efforts to divide the Nation by starting a revolt against the Government. The people will judge of the motives.

beaten.

A FATAL QUARREL.

|

JUNK PIRATED.

The master of an Aberdeen fishing junk reported to the police at Tai O on Sunday that while he was fishing on Saturday off tintin Island in Chinese waters a boat came Hongside ustensibly to purchase fish. The occupants proved to be eight nien armed with rifles and revolvers, who boarded the junk and stole money to the extent of $500 and clothing and jewellery to the value of $25 They also took away a small boy, the grandson of the owner, and sailed the junk to Shek Ki, where they landed, the boy afterwards bringing back the junk.

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