1914-01-15 — Page 3

SUPREME COURT.

Wednesday, January 14th.

IN APPELLATE JURISDICTION. BEFORE THE CHIEF JUSTICE, SIE WA. REES

DAVIES, K.C., AND MR. H. H. J.bud framed their case. GOMPERTZ (PUISNE JUDGE).

THE CLAIM BY THE CANTON GOVERNMENT.

The hearing was resumed in the action between Lung Choi Kwong, Governor General of the Province of Kwang tung and Woo

Ming-pun, Com missioner of Finance for the Province of Kwangtung and the Republic of China, against Chung Sau. Nam, and the Russo Asiatic Bank, in which the claim is for the return of $150,000, property

THE HONGKONG DAILY PRESS, THURSDAY, JANUARY 15TB, 1914.

received would not lie between the offence and his relations towarda Yuan, principal against the sub-agent That He referred to an affidavit in which a also was law laid down, and in that case person present at the last meeting of the the principal would be the Government, Provinsint. Assembly said that Chan. Chung San Nan the agent and defendant Kwing-wing "drew his sword, banged it the sub-agent. That was how plaintiffs on the table and said: I do not care Such an action whether you help me (to remove. Yuan) would not lie. He had no doubt, how or not. Many men got up to leave the over, that the idea of the statement of meeting, but were stopped by Chan of conversion, because the gist of the resolution was come to at this last moet claim was that it was really an action Kwing-ming's own bodyguard. No action was the alleged misappropriationing of the Assembly before Chan Kwing Any conversion of gooda, contrary to ming fed, There was no reference at case the alleged duty was to remit money State of Kwangtung. There was, Le specific order, was conversion. In this all to the establishment of an independent

to Nanking, as he had said, which must be

submitted, on behalf of the plaintiffs. Therefore, Republic of China.

no movement against the It was merely the notion was shorn of all technicalities; against the continuation in office of Yunn it was for a breach of that duty; not

The Puiste Judge-It came to this: the

done to the plaintiffs is respect of a of the plaintiffs. But wrong must be from his position. duty owed to him by the defeudan's " In other words, that the specific ordere which had been disobeyed must have been given by the plaintiff to the defendant. They had to consider what must, and not "what may."-

HONGKONG BENEVOLENT

SOCIETY.

Society, He confessed at once that, although a mild subscriber, to the fund, he was very largely ignorant of the ANNUAL MEETING.

details of the work, but he was assured The Hon. My J. A. 6 Buckmil, K.C. that his ignorance was shared by a very (Attorney-General), presided at

the large number of people After a little annual meeting of the Hongkong Bang. discussion and reflection, he found that volent Society, which was held in the really appeared to ho so, so his scruples City Hall yesterday morning.

were overcome. Thero

It did not seem difficult

(Dr. Lander), Mrs. David Landale, Mrs. Sed by so many were also present. The Bishop of Victoria to him to see why this ignorance was First of all, of Jordan (President of the Society), Mrs course, there were a great many people J H. Kemp (Hon, Secretary), the Reys, who raturally shrunk from being brought

Maconachio Commander Beckwith, R.Nattitude, and one that was shared by a N. C. Pope, D., B. Reynolds, and J. Kirk into contact in any way with distress or misery: That was a very natural- and Messrs. J. H. Kemp, W. L. Patten- den, and A. David,

Apert

very large number of people. The twenty-fourth annual report, pre-

from this, there were many women of paled by Mrs. J. H. Kemp, Hon.hat might be called the sheltered class, who from social and doinestic ties were

of the Government of the Province of sending the money to Nanking on behair forceful removal of the lead of the State Secretary, was read by the Chairman as incapable of taking any part in the work

Kwangtung, which sum was had and rocoived by Chung Sau Nam for the purpose of being remitted forthwith to Nanking, but which defendant has ant remitted, but has mis-appropriated to his own use, the said aum, or portion thereof, now being deposited in the defendant Bank. In the alternative the plaintiffs claim from the defendant $130,000, na Fiquidated damages. The motion was that the action be dismissed as frivolous, vexatious, and an abuse of the process of

the Court.

cau," was

the

Mr. Sharp replied that that was a long step, but that was really the state of affairs. The question that Kwangun should not have been put before their was an independent State was one which

Lordships to decide at that stage. His. friend had said that a personal movement. gainst Yuan was equal to a movement against the republic of China, or against a that the King was the State, and it had King. Speaking of this, Mr. Sharp said never been suggested that a President was the State Opposition to the King was opposition to the State, but opposition

follows:

The Indies of the Committee beg to submit the statement of accounts for 1913, which and to present the following report of the Mr. Evan Ormiston has very kindly audited, work of the Socioty during the past your.

The Society was formed in the year 1889 And the number of cases entered in the hunks has now reached 1,333.

wère" not

to give money or

other

not

of a Society snen as this, whilst there were tar inure inen who were prevented from taking any active part in carrying out aned through business routine and cares the surt or objects at which the Society

or their office, These two classes of persons made up a very large number of the community of this or any other place, and it was remarkable, if une stopped to consider, how extremely circumscribed the ordinary routine of one's daily life wea. The average person,

nothing of the poverty and wretchedness except for certain categories which he would mention, knew nothing, and saw which did exist, not only in this prosper Gur commercial centre, but also in almost

every other centre of population in the

There have been 60 applications during Dealing with what he called

the year just concluded, and in the very money," Sir Francis Piggott emphasised

fow eases in which no assistance was given the fact that money does not found

past curver forbade any help being given, and there has always been some special reason jurisdiction, and that the existence of

in three cases the applicants were of for refusing it. In eng aso the applicant's money did not justify unsound procedure,

Portuguese nationality and so Sir Francis Piggott and Mr. G. C. and an impossible statement of claim to

eligible under the constitution of the Society. Alabaster (instructed by Mr. W. B. lay bands upon the money. Hind, of Mr. G. K, Hall Brutton's office), Governments must comply with their one of the elected officers of the Governor necessary

Foreigo

There were, of course, many Some of the applicants received clothing world, to the President was merely opposition to only when it was not considered advisable persons whose duties brought them into represented Chung Sau Nam; and Mr.procedure."I don't want to be extreme, ment, temporarily appointed by the assistance, and the Committee wish to thank of alt, that great army of ministers of contact with misfortune. There was, first E. H. Sharp, K.O., Mr. Eldos Potter, but I am going to say something which people to Bll that office, and removable very warmly the large number of frionds religion who know only too well what a and Mr. F. C. Jenkin (instructed by Mr. I hope will not startle your Lordships," by the people, without affecting the who have so kindly sent bundles of clothing

terrible amount 01 misfortune and Hastings), were for the Chinese officials. added Sir Francis.

from time to time. Those who are.

misery, both mental and "I contend that integrity of the State. The republic of aware to what good use old clothing can be existed in the world; but unfortunately physical, Sir Francis Piggott said with regard to the rule of rebellion, so far as English Chinn was the State. The King was the put might kindly bear this in mind. For from lack of adequate funds they were the question of affidavit, which was men- Courts are concerned, is catch as catch State, and in certain cases he was allow. other applicants work has been obtained in very often unable to do more than tioned the previous day, that he had bad

Even supposing that the moreyed to sue as being the State. because he one drawn up in reply to Mr. Master's, wad it would be filed if necessary.

more plunder by the defendant was the State. Any officer of the State He during the rebellion, it was more than doubted, however, very much whether it doubtful whether the Court could assist. he was authorised to do so.

was allowed to sue in that capacity when would be read at all, but he wanted to If there had been confiscation (the usual safeguard his position in ease it was procedure in such cases), the Court could certainly not assist, for the penal sad Sir Francis then proceeded to deal with financial laws of other countries were not his third point-the completo disregard recognised. If English Courts would not (by the plaintiffs) of the fundamentalmeddle with internal affairs of other principles which govern the bringing of nations in time of peace, they will not actions in English Courts. He wont in time of war or rebellion. And on to say also, that the statoment of supposing that Chan Kwing-ming was alnim could only stand at all if it was the defendant (which he was not), again elaborated in the following way that the Court could not assist, for it would Chung Sau Nam had and received this be an act done while he held the power money from the plaintiff Government to during the rebellion, and intricate quca send to the rebels at Naaking, on behalf tipus must arise. The procedure of the of the plaintiff Government.

Court and jurisprudence cf action were framed on a scale of peace, and were not. devised to supply foreign nations with meals of recovering spoils of war or rebellion, One reason stood out pre-

admissible.

to

The Puiane Judge then gave expression difficulty which he said he felt, Assuming that an usurping Government came in and turned out the actual

some

The Puisne Judge--Assuming Americans rose against the President to remove him, do you not think that would be high treason? we had to Mr. Sharp- question that; he is not the State. The law in America, might say he is.

The Puisne Judge-That may be so in America,

the world.

& smaller

INTIMATIONS

BROKE OUT ON

LEGS AND ARMS

Allment Started with Feet and Wrists. In Blebs Like Small Swellings. Would Itch Some- thing Awful, Cured by Cuticura Soap and Ointment.

38, Brook St.. Halifax, EngMy all. monk started with my feet and wrists first. then is gradually broke out up my loga

BXT

and arms and 1 also had It on the pit of my stomach. It broke out in blebs like small swellings about as big as a six-pence and they used to Itch something awful, more at night time. Now and agalu lumps the size of a shifing would rise on Joy. aboulders and body and legs and itch terribly, thou go away agali. I saltered eighteen months. Sooing the adver tisement of Cutleum Soap and Olatent I iod them and I found that the first tabist of Cuticura Soap reloved me, so in all I hed three tablets of Cutleura Soap and one box of Culega Chatment which cured ma!" (Signed) B. Glover, Ling 23, 1812.

Not only and Cuticura Soap and Ointment most valuable in the treatment of eczemas and other distressing oraptions of skin and ship, but no other amollents do so much for traplos, binekheads, red, rough skins, Itching scaly scalps, dandruff, dry, thin, sad falling hale. Cuticura Saspand Ointment soldovery- wher. A mample of each with 32-p. book free from nearest depot: F. Newbery & Sona 37, Charterhouse Sq.. Loadoa: K. Towns & Co., Sydner. N. 8, W.; Lennon, Ltd., Cape Town: Muller. Maclean & Co., Calentto and Bombay; Potter D.&C.Corp. Boston, U.8.A. Tender-faced mon should share with Cuticure Soap Shaving Stick. Sample froe.

[96-7

LIMITED.

NEW CONSIGNMENTS

SILVER WARE.

PRINCE'S

PLATE

Mr. Sharp-We have to take an English view of the matter. The King is the State, and no officer of a republic reed. occupies a position analagous to that of The Committee have been much the King, but the whole State occupies a position analagous to that of the King.

The Chief Justice also asked if a rising against the President, with a view to his removal, did not amount to treason,

Mr. Sharp did not think so, and said that this was not a rising against the republic and it was not a rising against the State, neither was it an attempt to establish an independency. That was the real point, But assuming, as did Sir Francis, that the general iden create an independency of Kwangtung assistance. then it was a big failure,

and managers of firms who have often given and nurses, for whose profession he had

minister some comfort to the Colony, and thanks are due to the benda

the mind. There was that nobte army of doctors another chance to men who could hardly always expressed, and always would MAPPIN&WEBB, claim help on their own merits. Many have express, the utmost admiration, persons received advice and have been directed to where they could be further helped 13 remarkable, and whose constant contact. whose courage to him always seemed are received pussages to different parts of with illness brought them into touchi with One of the most interesting features in but it was not very often they were placed the very lowest cbb of physical distress; the work of the Society is the maintenance to do anything more than relieve physical and education of fatherless children. This discomfort, Lastly, and in whom will be supported by the Government, whose duties brought them into touch rear 11 have been placed at school, one of degree, they had the class of persons and two small boys were kept at school here with the inost sordid side of life, the for two months while arrangements were persons who had to carry out the dread STERLING being made for sending them back to their functions of the law-police, gaolers, and were very unusual and but for the Society the most awful and horrible crimes which native place. In this case the circumstances persons who had to prosecute and try the children would have been in very great the wit of humanity could possibly devise, and he knew nothing more disheartening and more miserable than the prosecution cases from persons who were helped back to unfortunately to be engaged in during encouraged by receiving donations in three of criminals such as be (the speaker) had their homes in other countries, one of the the last 15 years; but it was not the duty three being that of a woman with six of those who administered the law to do had been receiving regular help wrote to say suffering. They would see that there wEB children, and in another case a woman who anything towards the alleviation of

that her circumstances had improved and a big gap. There were many people who that she would no longer require the money did not want religious comfort, there directly by the Society many have been dealt inmates for a hospital, and there were Besides those who have been helped were many people who were not fit with by the Chaplain of the Missions to many who had not brought themselves Seamen, the Rev. D. B. Reynolds, who within the clutches of the law. Yet there receives a grant of $15 a month from the entirely, or at any rate partially, beyond people might, from circumstances Society for distribution. The Chaplain their control, or from some hasty action Always ready and willing to co-operate and to the Committee thank him for his very kind The thanks of the Committes are due to adjourning in the arranging of passages, to all the the steamship companies for so kindly help subscribers and donors, and to those who so freely gave to two special subscription lists. They wish to refer particularly to a most generous doantion of $500 received from Mr. Ellis Kadoorie, to whom they desire to express their thanks for this large addition to their income for the year.

The hearing was subsequently ed until this morning,

WRS

PROGRESS OF BRITISH NORTE BORNEO

ite behalf. Mr. Ede's nos propose to mention anyone by name,

(Applause.)

ally

were

the Seamen's Mission, in seconding the The Rev. D. B. REYSOLDS, Chaplain of

acknowledged his deep gratitude to adoption of the report and accounts, Society for their grant towards the

(GUARANTEED FOR 30 YEARS)

CUTLERY.

From the

SOLE AGENTS :

CHS. J. GAUPP

& CO.,

ALEXANDRA BUILDINGS,

CHATER ROAP

CALDBECK,

(ESTABLISHED 1864).:

Government, and that that Government eminent: the Court must know the facts was afterwards turned out and done away on which an alleged cause of action was with and the other Government came in based est, in giving judgment, it got hopelessly wrong and judgment night and stood in the shoes of the usurping have been given on that statement of Government, how would it stand as claim without the Court knowing one regards property?

Sir Francis Piggott replied that he single fact. Public policy was a very

or ill-advised words, have brought thein- selves to the depths of poverty and illness. intended later to deal with that point good reason why the plaintiffs should not

and they were stranded in a foreign They were outcasts, they had no money, exhaustively; it would be better for the succeed. He had contented himself with

inadequate funds, nor the doctors. Dur country, and neither the clergy with Court that he should do so. At the relying on facts, although he had

the lawyers could do anything for them. present time he was looking at the case intended to rely on facts to "gild the

I was in that gap that the little band in the light of common-sense, and upon rose," but the question he had submitted

of devoted workers of the Hongkong Benevolent Society, stood, and it was that general principles; on the broad general to the Court was one of construction.

hiatus which the work of the Society principles of bringing actions. Actions, alone, one of law, and one of high public

endeavoured to fill up. There was no he added, were to enforce rights and law. In that argument on construction

Sir West Ridgeway, presiding at the

doubt that this Society had received duties, actual and not imaginary; and

he said that Yuan's proclamation was an half-yearly meeting of the British North

The Committee also wish to express theix liberal support during the past, and there "act of State" which swept away all Borneo Company, said that the policy of most kindly interesting himself in the receive support in the future. There was sincere thanks to Mr. Montague Edo for was no doubt that it would continue to because of that, there must be a duty to the shallow sophistries which could be the Court was one of vigorous develop financial position of the Society and for equally no doubt that with greater funds the plaintiffs which the defendant had based on Chan Kwing-ming's proclamation ment. The money which they were spent using his valuable influence with the it could do still greater work. He did broken. That was the only way in which of independente; while it left the essen- remunerative, and the shareholders were application was most kindly entertained by but the persons who former teby

ing in that way promised to be highly Government the claim could stand. There must be a tial facts storing them in the face, it was already reaping, to some extent, the His Excellency the Governor, who has recom active members of the Society duty passing from defendant to the declaration of independence, and it fruits of the policy. The Court pro mended to the Secretary of State the pay persons who did not want any such plaintiff which the defendant had broken; was acted on as such. In a lesser degree posed to encourage the immigration of ment to the Society of an annual grant, had the knowledge that they were carry- and looking at the general principles also, the acquiescence of So Chun-se, and Northern Chinese as settlers in contradis equal in amount to one half of the subscrip

specious reward as public thanks. They

scientifically there was

tinction to labourers. no duty owed of Tutuh Lung himself, cut away the Government had agreed to the principles do not exceed the sum of $500. The Con- which could be carried out by no others.

The Chinese tions for the year, provided that such grant what because work of my MACGREGOR&Co. by the defendant to the plaintiff to send ground from under the impossible denial of a scheme, and the first batch of mittee desire to tender their thanks to his that money to the rebel troops at Nan of patent facts on which that action was immigrants, comprising 106 families, Excellency for this promised grant, and they king. On general principles that was a hased. If ever there was a case in which construction of the railway loomed large with all European residents who can afford arrival in Borneo on the 7th inst The feel that it ought to be a point of honour complete answer to that case, and that doctrine prohibiting approbation and in the programme of the directors. They it to become subscribers to the Society. The justified the dismissal of the action. At reprobation in a Court of Justice had already spent £112,000 on it, and the first reading of the statement of claim applied, that was one.

subscription is only $12 a year. He would say further considerable sum was to be spent

assistance of necessitous seamen, of whom During the year 1913 the following ladies there were a great many. These men fell there was a little doubt whether that was further, that the denial of patent facts, from a pioneer into a

on it before it was entirely transformed huve served on the Committee:Mesdames under two heads. an action for money had and received supported by public documents, was way." As an instance of what they might Kemp, Kennedy Landale, Maconachie, were the genuine unemployed.

First, there was the permanent rail Alabaster. Becker, Bell, Chatham, Jordan, professional beachcomber, and then there for conversion, The term had unworthy of a Government, As in the expect as the result of the reconstruc Messer, Ross, Shellim, Stabb, and Voretzsch, thought that the beachcomber resembled and received" was applied to the money; Remington v. Scales case, where the tion, he was pleased to be able to say that and Miss Inness

the lily of the field, in so far as he toiled. sham, when the facts during the first half of the current your THE WOMEN'S 'HOSTEL PROJECT.

AND MEDICAL not, neither did he spin, and to such they "used" in setions for money; had and were known, so here was a sham action, £23,000 per annum, which was more than Mrs. Jordan, President of the Society, an turned a deaf ear. At the same time

received," and misappropriation was the when the public facts were known. It £2,000 better than during the preceeding a report on this project, says:---

there were a number of seamen only too AUTHORITIES AGBEE IN STATING only term which they would use in is a sham because the plaintiffs have no year. From cabled reports since the end At the last annual meeting of the Society willing to work. Some of them came to sounection with conversier. In connce right of suit in an English Court," con- of June last, the directors left confident an appeal was made by the Committee for Hongkong thinking that its streets were THAT IRISH WHISKIES ARE

funds to establish a Women's Hostel in the paved with gold, but as a matter of fact tion with that sort of action-that was cluded Sir Francis, "and it is a sham during 1913 would exceed the revenue of Colour, This scheme is still being pressed an European sailor, as the crowe shipped ALMOST

Hongkong was the very worst wort for

INVARIABLY BETTER if they could, sue, their1018 by at least £3,000.

forward and a sum of $1,720 has already o say, misapplication of money there because, even

In connection with this here were Asiatics, were only two forms of action which action in the circumstances, and also the At the meeting in July the rescinding of been collected.

The motion having been carried MATURED AND BETTER FOR THE eould be brought: "had and received," action, if it were brought by the Central the mineral concession held by the British proposal it may be as well to say that a

unanimously,

BECK WITH Borneo Exploration Company was strong large part of the usefulness of the scheme and conversion." It was perfectly Government, it does not fall within the ly advocated. He then pointed out that will be the promotion of an institution which moved a vote of thanks to the retiring

Committee and officers.

HEALTH THAN SCOTCH: clear on the authorities that they could narrow limits of actions permissible in so long as the Exploration Company will be a niceting place and a centre of help

M. A, DAVID seconded, and the pro- falfilled certain conditions the British fulness for the girls and young women of not bring both, and in one claim they those circumstances as laid down in North Borneo Company were powerless the Colony, who, in many respects, lack the position was carried with u amation.

The CHAINMAN then

the And it is also a sham in the matter. The directors, bail never-advantages which those of their class and election of the following officers and Com.

postd because the cause of action, as laid, theless, been in negotiation with the board age at Home possess. The Committee remitten President, Mre, Jordan Vice- elementary rules governing the bringing had made an offer which they had reason fonations, which may be sent to Mrs. J. H Assistant Hon. Secretary, Mrs. Me Francis said that the motion must be of actions in the English Courts,

to the surrender of the concession, and subscribed, and are anxious for further My Messer; Hon. Secretary, Mrs. Gale; dismissed because the statement of claim

It to believe would be successful. If that Kemp, Honorary Treasurer for the Fund. did not contain any cause of action, and us, therefore, be struck out as an abuse should be the case the rights granted to. A list of donors will be published later.

As in the the Exploration Company would revert he would give modern authority in sup-case of the Republic of Peru. Dreyfus,

of the process of the Court. port of that. He wanted to look at that the Court must aay:If this were the action as if i were an action for money trial, I should have decided against the the first six months of this year's working great privilege to take the chair at that Dr. Francis Clark, Hon. Mr. E. A.

those were the technical words which were defence was a

could not allege both.

That was estab- McRae's case. lished law which was laid down.

the receipts had been at the rate of

that the revenue derived from that source

Commander

H

EXPERTS

A SHIPMENT OF

In reply to the Chief Justice, Siris at variance with the most of the Exploration Company with a view very grateful to those who have already President. Mrs. Beil; Hon. TreasurerJOHN JAMESONS

for the Court to consider what the next adoption of the report, said he felt it to the Government, and it would then be The CHAIRMAN, in formally moving the step would be. Comparing the result of

Kenny: Committee, Mesdames Becker, Belles, Forsyth, Kemp, Kennedy, Maconachie, Shellim, and Stedman; Reference Committee Commander Beck with, Dr. J. Befl, Mr. J. W. C. Bonnar,

Hewett C.MC Reve. C. H. Hickling, V. H. C. Moyle, and U, B, Reynolds,

The Rev. J. KIRK MACONACHIE seconded, and the perting recorded its approval.

A vote of thanks to the Chairman. by Mr. W. L. Pattenden, concluded the meeting.

had and received, and the facts were plaintiff without hesitation.'.'

with that of the corresponding period of meeting. He confessed that he had some simple. Chan Kwing-ming gave the

Mr. Sharp, in replying, dealt at the increased by £17,000.

1912, the company's revenue receipts had little hesitation when he was asked to do order, the money was given into the hauds outset with the connective history of the reason to anticipate that this rate of expected from and customary for the There was no so, because he was told that it was of the defendant by the order of Chan rebellion, and the position of Chan during the remaining six months of the person who presided to make some proposed by Mrs. JORDAN, and seconded increase would show any falling off Kwing-ming, but money had and Kwing-ming at the time of the alleged.

original observations upon the work of the

year.

THREE STAR BRAND

HAS JUST BEEN RECEIVED.

Samples free on application.