the ₫ Him frenching of the last
NAPIER JOHNSTONE'S
"SQUARE BOTTLE ”
WHISKY.
UNVARIED FOR OVER
150 YEARS.
THE SOTTO EXTRADITION CASE. WHAT ARE THE RELATIONS OF THE PHILIPPINES TO THE US?
The proceedings in the matter of au application for the surronder of Vicente Sotto, the editor of the Philip pine Republic, to the American Govern ment, on a charge of abduction at Cebu, within the jurisdiction of the United States were continued before Mr. F. A. Hazelard at the Magistracy yesterday.
Mr. P. M. Hodgson (Crown Soliciter); appeared in support of the applíention;
THE HONGKONG DAILY PRESS, FRIDAY, JUNE 13T¤, 1913.
WM.
POWELL LTD.
DEPT
TAILORING
Mr. Ronder Harris (of Moirs, Wilkinson HAVE NOW RECEIVED A
Grist) represented th American
Clovernment, and Mr. G. K. Hall Brutton; appoared for the defendant.
Mr. Brutton continued his cross
examination of the American Consul-
THE SAME TO-DAY AS IN General in Hongkong, Mr. G. E. Ander
1745.
BEWARE OF IMITATIONS.
SOLE AGENTS IN HONGKONG
LANE CRAWFORD & CO.,
and from ALL WINE MERCHANTS.
TRY
[74
Beecham's Pill, they are just the thing as a family medicine. Nothing to be compared with them has yet been part before the public. For over half a century this medicine has been an easy First Favourite in countless housholds and the name and fame of Beeshan't Pills have spread all The resson for the over the world enormous popularly of this remedy is not far to seek Experience has shown that there is nothing better for derangements of the stomach and digestive organ generally. Taken in accordance with directions
BEECHAM'S
Pitis give quick relief, stimulate the organs to healthy action and have a tónic effect upon the whole system. If you have not tried them and have any doubt as to their real value and efficacy, get a box and judge for youelf. You will find Beecham's Pal valuable aperient and
unequalled in regulating the stomach, bowels, liver, and kidneys, and restoring
the posters of digestion They increase. the appetite, promote arsimitation of food and establish good health. No household should ever be without a box. Many thousands of families have proved the value of Becchan's
PILLS
CHAPOTEAUTS
MORRHUSL
Superior to Emulsions or Cod Liver oil.
Each tiny Morrhuoi capsule re- presents the medicinal value of a teaspoonful of oil.
*
Recommanded at the Paris Aca. demy of Medicine, for loss of appetite and flesh, to patients with consumptive tendencies,
Sold to bottles of 100 Capsules. Bally all Chemists.
THE NEW FRENCH REMEDY. THERAPION No. 1
TEK MECHANÓRI, KİTITIK ERK. MIHDET IKJECTIONA
THERAPION No. 1 No. 1
CORKS BLOOD POSSE, BAT LEOK RHIN ERUPTION
THERAPION
CURES CHRONIO, VÍKNERKEN, DRAINS, SOME TINOR, ÁS FOLD BY LEADING GUEMISTS. PRIVAIKENALAND, 20. BERD STAKY AUDELNÍENYCLOPE
FREE BOCK TO DE..Lt Gizne Mae On- Hansen No. BaiesTEAD, Lokjesi TOY SOW DRAGEN VÄSTRLENG) PORN V
THERAPION
ACURE
FOR YOU
ZARY TO TAK SAVE AND LASTNO UNI
WED THAT TRADE MARKED WORD. THERAVION' De as PRITY GOTE, SPANÍ APPLIED TO ALL GENUINE PACKEN," INSIST ON HAVING THERAPIEN.
FOR EUROPE AND AMERICA" INDIA, AUSTRALIA, &C.,
and for
PRIVATE REBIDENTS AT THE OUTPOES,
A Comprehensive and Complete Reard. of the NEWS OF THE FAR EAST is given in the TONGKONG
H
WEEKLY
DRESS.
PR
with which is incorporated
THE CHINA OVERLAND TRADE RENET. Subscription, paid in advance $12 per annuin. Postage 92 to any part of
The World.
son, and at the outset asked for a copy of the Constitution of the United States. This the Consul General produced, and Mr. Brutton then asked:-
Is it under Article 4. Section 3, of that Constitution that the United States have power to take in new territories "or property 7-10 is. The power of acquiring territorial property is inherent in the Government, and in any event would grow out of the Treaty-making power of the Government.
Is that power given by the Constitui- tion Yes, by Article 3, Section 2..
Is it only under Article 4, Section 3, that Congress has power to regulate, make rules, and legislate with respect to territory or other property belonging to the United States -That clause vests in Congress such power.
Is it only under that Article-Making due allowance for certain implied powers,
VUK.
FURTHER: SHIPMENT OF THE
EXCELLENT WHITE
UNSHRINKABLE
CASHMERE & FLANNEL
A REPEAT OF THOSE RECENTLY SOLD OUT.
FOR COATS....... TROUSERS
$15.00 TO $25.00. $10.00 To $15.00
WM. POWELL, LTD.,
HONGKONG.
SHARE TRANSACTIONS IN. SHANGHAI.
I do not understand what you mean NEED OF "A CLEAR HARD LAW.” by implied powers-The power to make
INTERESTING JUDGMENT IN COOPER-DISSET
CASE.
M
The treasury
0
of the
world's U best music
I
E
'S
TILATS,
That's what the Victor-Victrola really is. It holds in store for you the best music of the entire world-the musical gems of the great masters, the latest popular music, everything you want.
All yours to enjoy whenever and as often as you wish. Doesn't that interest you? Wouldn't you like to hear your favorite selections on the Victor Victrola? Come in at any time.
PRICES $35 TO $225.
EXCLUSIVE DISTRIBUTERS;
S. MOUTRIE & CO., LTD.
TO LET
TO LET
TO LET
TO LET.
M
0
U
T
R
I
E
PS
[629-3
"WILD DELL, No. 147 NO.2, WEST RED TERRACE, Shaneen Warcbai Road, Newly Built, cadh Flat with 3 ROOMS, Kitchen, Bathroom, and Servante Quarters. Quiet Locality. "HOMESTEAD," "No, 46, Peak,
Apply to-
TSANG KIT-FAN,
Compradoro Department, HONGKONG & SHANGHAI BANKING
CORPORATION.
duc respect, very doubtful; but that decision is binding on this Court, and unsound course of business grew up. Bo far the broker had, as he ought, made s contract between two principals, but in 1901 the practice was introduced by which the broker made. two distinct contracte, one between himself and the buyer, and cue between himself and the seller, the reason being that the speculator pie- ferred to contract with the broker and was unwilling to take the name of a second principal. The Shanghai share. broker sent the buyer a bought-note and SHOP, No. 12, Queen's Road Central. kept the sold note himself, and sent the seller a sold-note, keeping the correspond
a Treaty, for example, raight under con ceivable conditions involve other Depart ments of the Govertiment in auch matters. A copy of the Treaty of Paris between the United States of America and the Mr. F. 8. A. Bourne, C.M.G., delivered Queen Regent of Spain, dated the 10th extremely interesting judgment in the the Supreme Court at Shanghai last December. 1898, with reference fo Philippines, was produced.
week in the share case of G. W. Cooper Is it provided by the mend paragraph". J. P. Bisset &o. The plaintiff of Article 9 that the civil rights and was represented by Mr. J. C. E. Douglas, bought-nute himself. Although in political states of the territories hereby and Mr. H. S. Oppo appeared for the
ceded to the United States shall be deter mined by the Congress 1"-It is.
The territories thereby ceded are the Philippine Islands 7--The territories include the Philippines.
defendants,
Hongkong, 29th April, 1913.
TO LET.
1522
OFFICES, Nos. 12 & 14, Queen'a Ad. Central. No. 9, MOUNTAIN VIEW, PEAK, No. 5 STEWART TERRAČE, PEAK.
Apply to--
M. J. D. STEPHENS. Hongkong, 25th May, 1913.
TO LET.
1722
these contracts he purported to be dealing His Lordship said:-The plaintiff aues as a broker, he held himself liable under the defendants for the return of prete contract, and whereas before 1901 he missory note and of monies paid under charred 1 per cent. to the seller and a mistake of fact; and the defendants nothing to the buyer, he now charged He bought himself Mr. Brutton asked the witness if he had counter-claim against the plaintiff for their cent, to each. a copy of the Treaty under which Florida balance due under the promissory note fold his own shares under the foura was ceded to the United States. and, on with interest. The costs, and events on of contract, although he signed for the one being obtained, naked:
which the rights of the parties depend concerned Broker" (Toeg v. Graham, Oct. 1ST FLOOR, No. 8, Wood Road, Does not the last paragraph of Article are briefly as follows:-In and after 1900 1900, Liuw Graham, July, 1903, Mar in that Treaty differ considerably from the plaintiff was employed by J. A. shall e. Nazer, June, 1909), or he dealt with that in the Treaty of Paris-It differs in Wattie & Co., kept the books of a partner another, broker or with a second private language, but not in essential principles in that firm, W. S. Davidson, a share client. Such a praction fell foul of the Did not Florida, immediately upon that broker in a large way of business; and, and was often condemned by this Treaty being signed, boronie a territory in the winter of 1909-1910, being mindedirt, but that it was the practice, knova of the United States-It became n to speculate in forward share contracts, to all the babitues of the local share nur portion of the territory of the Unitedoraplayed Davidson and made money that brokers call personally on their 66 DRDEZY VILLA," No. 2, Parle Rond
States.
is one.
Can you produce it I can't say. When was Florida made a State in the Union It was some considerable time after the signing of the Treaty.
During March · quarter
1910 he first
ket, there can be no doubt. The fastā
Apply to
THE YEE YUEN, No. 192, Queen's Road East Hongkong, 14th May, 1913.
669
TO LET
4. Eoomed Bungalow with Tennis Court. Commands splendid View of Harbour.
For Rent, at, please apply to
YAP HOK LING,
No, 4, Ripon Tei race. Hongkong, 28th March, 1913
107
TO LET (From 1st July, 1913) TO.2, MOUNTAIN VIEW, THE PEAK.
Apply
LINSTEAD & DAVIS. (780 Hongkong, 10th June, 1913.
TO LET AT KOWLOON. NEW MODERN SROOMED FLATS with Two Bathrooms, Pantry, Kitokez
ATBO
[663
No. 153, PRAYA BAST, GODOWN,
FOR SALE or TO LET, Unfurnished, a HOUSE at The Peak Apply.
THE HONGKONG LAND INVEST
MENT AND AGENCY 'Co., LTD Hongkong, 1st June, 1913.
165
THE
TO LET.
THE Premises presently occupied by D. OHELLARÂM, No. 66, Queer's Road CONTEAL. 1 Silk Store, Also & ROOM on First Floor above the Store, jointly or separately;
For particulars upply-
D. CHELLARAE, 56, Queen's Road Central. [789 Hongkong, 12th June, 1913.
TO LET.
N 2ND FLOOR, No. 2, PEDDER STRUKT NONE.ROOMED OFFICE.
Apply Property Offoo,
JARDINE, MATHESON & Co. Lzo. 166 Hongkong, 23rd May, 1912.
MEN-OF-WAR ON THE CHINA AND JAPAN STATION,
BRITISK.
Alsurity, despatch-boat, 1,700 tons, 4 guns, 2,000.
1.b.p., Comdr. A. Cochrane, Wellniwel, tas, admiralty tog, 615 tons, 1,400 ih.p.,
Hongkong.
Bramble, gumbost, 710 toas, 900 ip.h. Lient. Coudr. B. E. Prichard, on mute to Shanghai.
Britomart, gunbont, 710 tons, 900 h.p., Llent..
Coudr. W. H. Darmall, Hongkong. Cadmus, British sloop, 1,070 tons, i.p. 1,400 fd. Commr. Hugh P. E. T. Willams, Shanghai.
Cherab, water tank and tug, 390 tons, i.h.p, 340,
Master W. Smith, Hongkong.
Clio, Brith Bloop, 1,070 tons, i.b.p. 1,400,
Comadr, Mackenzis, D.8.0., Penang. Fame, torpedo-boat destroyer, 340 tona, 6 guna, 5,700 i.h.p, Lt.-Comdr. Wilkin- son, Hongkong
Flora 4,360 tons, 9,000 14, 12 gun, Capt. Charles F. Charles F. Corbett, M. V. Ò. en route to Weihaiwei. Hampshire, 10, 850 tons, 21,000 f.d., 14 guns, Captain Marcus Rowley Hill, Weihaiwei. Kent, armoured oralser, 9,800 tons, 14 gulB. Lb.p. 22,000. Capt. Allen T. Hunt, C.B.I., Hongkong.
Kineha 616 tone. in 1,200, La-Comdr.
H. Marryatt, Hankow,
Merin, surveying ship, 1,070 tons, 6 gaus, 1,400 ih.p., Capt. F. C. C. Pasco, Labuan Minotaur, armorrad oruiser (Bagship Vice
Admiral T. H. Jerram, C. B., Lb.j. 27,00ʻj Capt. B. B. Kiddle, Weihaiwai. Monmouth, armoured craiser, 9,800 tons, Eh... 22.000, Cept, B. H. F. Barttelot, M.V.O.
Yokohama.
Moorhen, river ganhost. 180 tons, 2 gur, ih.p. 800, Liont.Comdr Allen Dizon, Canton Newcastle, 2nd class craitor, 4,800 tons, tueblue 22,000 td., Captain George P. §. Huat, D.S.(., Shanghai.
Nightingale, river gunkat, 65 tons, 240 b.p. Lt. Condr, Malcolm Murray, R., Yang, tazo.
In fact on the signing of that Treaty, employed the defendants. On the March clients here and that there are no jobbers did not Florida become incorporated into quarter settlement he made a proft. In explain the practice to some extent, but the United States-I will have to ask regard to the June settlement 1910 R. U. not excuse the form of contract, which you to define the meaning of the words Hummel, a partner in defendants' firm, confused brokers between private clients,
incorporated into."
says that be asked Cooper whether the brokers on the Stock Exchange and must In the Made a part of It bears a part of did business with other brokers: he have decoivod all but the elect
course of argument Counsel seemed some- the United States in the sense that a replied that he did not intend to do so. territory is a part of the United States However, he did in fact do business for times to assume that the law and practice Was any Act of Congress necessary to the June settlement through four firms of the London Stock Exchange applied to make Florid territory of the United of Stock Exchange brokers, Wingrove and the Shanghai Stock Exchange; but States ?-I have to ask for your Burrett, the defendants, F. L. Marshall, nothing. can be further from the truth: definition of e word "territory. and A. L Anderson, besides outside they are alike in nothing but name, as the It is for you to define it. Was any brokers. Cooper says he employed Bisset, above statement will show. In justice to Act of Congress necessary to make Florida intending to sell through them because the leading Shanghai sharebrokers of to- a part of the United States 7-Nothing they were substantial people and he woulddy I ought to add here that the course was necessary to make it a territorial get his money, also that he employed of business described above, after bring possession of the United States.
several brokers in order that no one ruin on the poorer white people, on Was there an Act of Congress passed broker might know what he was doing, many Chinese and on many of the brokers making Florida a part of a territory of and so put the market against him. themselves, has at last been abandoned, or incorporating Florida into the United About the middle of February, Cooper and that the Shanghai Stock Exchange States I am under the impression there was short of rabber shares, but he found has since 1st January, 1912, used founs
he was on the wrong tack and bought of contract which disclose the true rela-ad Servante Quartors. Bathrooms fitted with heavily, chiefly Anglo-Javas. It would tion of the parties; but whether the English Baths. Kitchen has English Cooking serve no useful purpose to go into his landing men will be able to keep their Ranga and Hot Water Boiler, Electric Light transactions in detail: his salary was following long in order remains to be throughunt. Immediate Possession. Tls. 375 a month, but he dealt for the son
The plainsff can only succeed if he NEW FIVE-ROOMED TERRACE An Act of Congress was produced June softlement to the extent of Tis. respecting Hawaii, approved on the 30th 100,000 to Tis. 600,000, making a loss of proves that be paid under a mistake of HOUSES with Tennis Courts, Ready for April, 1000, and Mr. Brutton asked: Tis. 76,000 principally in Anglo-Javas, et in such circumstances that it is occupation about 1st May.
..Apply to- Was it by virtue of that Act that the market for which was assiduously gainst justice and conscience that the
HUMPHREYS ESTATE & FINANCE Hawan was erected into the United talked up and then well supplied in defendants should retain the payment.
Co., LTD., States -This Act is for the organisation | 31arch will vendors' shares although The mistake of fact pleaded is that the
Alexandra Buildings. of Hawaii, and provides for a Govern the Company was scarcely registered. A plaintiff believed the defendants had
Hongkong, 12th May, 1913. ment. It organised the Islands as a crash followed in June. Mr. A. Lurchased the shares in question in the territory of the United States. The Anderson heard on the Stock Exchange open market at the lowest price attain- Islanda were already annexed by the in June that Cooper was unable to com- ablo, whereas the shares were sold in the United States.
plete his wttlement. "I asked him: heame of E. Falloon, J. Gould. Lavers & Clark, and Chin Yet-ching, the said And it was by virtue of that. Act that said it was true and I must make the alloon being a clerk and insurance A HACIENDA BART, 74, Mount Otter, torpalo-beat destroyer, 385 tons 6 guns, Hawaii became a territory of the United best arrangement for him I could. This States? It became en. organised Cooper confirmed in writing, on the 18th broker in the defendants' employ, the said June, 1910 (exh. 11), The four brokers Chin Yet-ching being their Compradore concerned held meetings and arranged and the said J. Gould being father-in-lawn his affairs, the result being reported to to F. M. Crossley, partner in the defend- him by Anderson. He made no corament, int firm, and that the defendants in so but signed promissory note for the acting were serving their own interest as Have you an Act providing temporary amount found to be due from him to the share sold as from E. Falloon, civil government for the Philippines Bisset & Co. He had made a profit on Chin Yot-ching and J. Gould or in the Yes.
transactions through Davidson and with lternative, the interests of E. Falleon, What is the date of that It is dated that sum be was credited by Anderson, Chin Yet-ching, J. Gould and Laver & and approved 1st July, 1902.
and he afterwards made some monthly Clark, and were not serving the intereste Is there any Section in that Act which payments on account of interest. So of the plaintiff, and that defendants expressly provides that the Constitution matters remained for 2 years when, on received commission from the above and laws of the United States shall not the 25th February, 1013, be wrote to the sellers in addition to that paid them by apply to the Philippine Islands? There defendants that having left the firm of the plaintif But I find on the evidence is a clause in Section 1 of the Revised J. A. Waitie Co. and being no longer that the plaintiff was perfectly well aware Statutes of the United States, providing prevented from freely considering his when he entered into those contracts of that such Section of the Revised Statutes legal position, he claimed the repayment the course of business described above, which relates to organised territories of of his gains and repudiated his losses.
namely, that a broker could buy from the United States shall not apply to the In order to decide this case I must 400thor principal or from a broker as Philippines
ascertain with some precision the practice be chose, and that in the former ease Does Article &, paragraph 2, of the Treaty subject to which these contracts were the practice of brekers was to charge of Paris incorporate the Philippine made. Long before 1500 it had become per cent. to both parties and moreover Lelands into the United States in the same customary in Shanghai for sharebrekers have not the least doubt that if the way as the Treaty of Friendship of 1810 to contract on behalf of an undisclosed defendants had volunteered the names of incorporated Florida into the United States-It does relate to the territorial Principal by a contract note aigned for the other principals Cooper would have
the concerned," "Broker,"
for the replied that this was of no interest to relation of the Philippines to the United bargain was often made by the broker him as he looked to the defendants to States.
Therefore, some Act is necessary to in-between the principals who wished to complete the contracts, for he says that Plaintiff's action fails corporate the Philippines into the United remain undisclosed. It was decided by it was with this very object that he em
this Court in Toeg & Barff v. Graham ployed Bisset. States-An Act or Acts is or are new Anderson & Co. in November, 1900, that then (1) because there was no mistake of sary to cutablish any relations of the
fact pleaded, it would not
territory.
Was it by virtue of that. Act that the Constitution of the United States came into fall force in Hawaii?-I think I can answer that in the affirmative.
than as an unorganised territory of the
TO LET.
Eullet Road, GODOWN in Ice House Road, at present cocupation of cars. E. D. Sassoon & Co. Apply to
THE HONCTONG LAND INVEST
9 Co., LTD.
[587
Ho
TO LET
TO 21, SHELLEY STREET CRAIG BYRIE No. 4. The Peak, T Let. 8 ROOMS; Tennis and Chognet Lawns. Fine Situation.
Fion 1st February, 1913, MERION, No. 10, PRAK, Furnished or Unfurnished, 6 ROOMS To Let or For Sale. "GLENSHIEL" No 124, Barker Road, Fank, 5 ROOMS.
For Sale —“LADBROOKE,” No. 9, Con-
duit Road. Fine View of Harbour, 8 Kooms, 3 Bathrooms, Garden and Tennis Court. Accommodation for 30 Bercanta.
For Sale HARTING and ROGATE » Apply to LINSTEAD & DAVIS, on part of Kowloon Inlaid Lot No. 1154.
3rd Floor, Alexandra Buildings Hongkong, 33th May, 1913.
TO LET
FURNISHED,
64
Fer: particulars
6,300 i.h.p., Lieut.-Comdr. Wilkinson. Hongkong. Hibble, T.B.D., 590 tons, 7,500 f.d. 6 guma, Lt-Comdr. E. J. G. Mackinnon Tangles, Robin, river gunboat, 85 tons, 2 guns, 240 h.p. Lt.-Condr. J. Hestwood-Nisb, Hongkong. Rosario, depot ship for Babmarines, 150 ton
ih.p. 1,400, LL-Commr. N. E. Archisle, Canton. Sandpiper, river gunboat, 85 tens, 2 guns, 240 hp.. Lieut-Comdr. 1. A. 8. H. Hutton, West River
Snipe, rire gunboat, 85 tone. 2 ga, 200 BAL
Lt.-Condr. Maurice B Leslie, Tangise Toku, torpedo boat detrayer, 305 time, L.B...
6,000, Gunner W. H. Ryder, Hongkong. Tamar, receiving ahip, 4.650 tons 6 zurs,
Commodore B. Anstruther, CMG., Hong koog.
Teal, river gunboat, 180 tons, 2 guns, 800 i,h-
Lient Comdr. Hon Guy Stopfoal, Chang - - kiang,
Thistle, gaubost, 710 tons, 900 hp, Ident.
Com, H. B. N. Gottroli-Dormer, Honkow
Usk, T.H.D., 590 tons, 7,500 f.d., 6 gums, Li,
Maxwell, Yangtso Virago, torpedo-bost destroyer, 395 tone, 6mun
8,300 hp Lient. Cerede, Boddua Whit ham, en ronte Welhaiwei
Welland, T.B.D., 690 tons, 7,500 £1,6 gunsy
Comdr, Seymour, Yangise, Whiting, torpedo-boat destroyer, 360 ton.
guns, 5,900 i.p., Lieut. Comdr. R. Neville, Yangise.
Philippines to the United States other there was a valid custom of trade as fact; and (2) because, if there had been. << TADGEBILL, No. Es, The EAK | Widgeon, gunboat, 195 tone, 2 guns sind hp,
between brokers in Shanghai in all cases the mistake of fuck porno, in istuistare they are regarded as themselves liable-compare Kerr on Fraud and Migake, apply to
Whether this case 3rd ed. p.441. under the contract.
(Continued on page 5) was rightly decided is, I think, with all
United States.
The case was adjourned until this afternoon at 2.15,
R. SUTHERLAND, JARDINE, MATHESON & Co., LTD. (598 Hongkong, 9th May, 1913.
Llant and Comdr.J.C. F. Burratt, Kisfing, Woodooek, gunboat, 150 tons, 2 gust, 200 p, Lent Comdr. M. B. R. Blackwood, Yang- tace.
Woodlark, gunboat, 150 tons, 2 guns, 550 hp.
Liert,Comdr. Robin W. Lloyd, Hantow
No comments yet.
Private notes are available after approval.