1914-05-07 — Page 3

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TALON DISASTER.

THE FINDING OF THE MARINE

> COURT OF ENQUIRE A

The hearing of the onquiry into the disaster attending the Tai On on her fateful voyage from Hongkong to Hong. moon on the 27th April was resumed yesterday,

before Commander Basil

HONGKONG IRON

MINING CO.

G. LANZIUS. SIR PAUL CHATER

THIRD DAY

THE KONGKONG DAILY PRESS, THURSDAY, MAY 7TH, 1914,

request carried with it payment: and remuneration. If there was no request another point would axles. What would happen if a man blacked his boots

His Lordship-It was suggested that one side had money and the others had no

CORRESPONDENCE,

THE RABIES EPIDEMIC

TO THE EDITOE OF THE HONGRONG DAG DAILY PRESS,'']

Hongkong, May 6th, 1914. Sta, In view of the serious outbreak of Rabies in Kowloon and Hongkong, would it not be possible to give and enforce an order to muzsto all dogs in

At the Supreme Court yesterday in Original Jurisdiction, before Mr. H. H J. Gompertz, Chief Justice, the action was Taylor, R.N. (Marine Magistrate, Prosi- continuod in which Mr. George Lanziua, a upon. He admitted at once that taking the prospecting and how much on the the Colony for a certain period and thus

ming engineer, sues Sir Paul Chator, 0.d.G., in connection with prospecting and mining transactions. The plaintiff claims: (1), The sum of $46,000; (2), 1883 fully paid up shares of $100 each in the Hongkong Iron Mining Co., Ltd., or, u the alternativo, the sum of $15,650.

dent of the Court); Lient. T. D. Bhorp, B.N. (H.M.8. Tamar); Messrs. T. F. Wheeler (master Aumeans); J. W. Evans (master Harmon); and John Robinson (master Jungkiang).

No further witnesses were called. The finding of the Court was as follows:

Mr. C. G. Alabaster and Mr. Eldon Potter (instructed by Mr. Willson, of Messrs. Stephens & Willson) appeared for the plaintiff, and Mr. Sharp, K.O (instructed by Mr. Looker, of Messrs Deacon, Looker, Deacon & Harston) represented the defendant. -

ONLOOKER.

TAI ON PIRACY RELIEF FUND

(TO THE EDITOR OF THE “ HONGKONG DAILY PRESS,T

Mr. Potter responded that on the other hand Lanzius and MusMillan had the discoveries and the other two had not, but that did not amount to partnership. and he did not care a ran about it: The fact was that Messra. Chater and Mody were to decide, and they alone were to know, what money was to be expended on other things. The exploitation of stamp out the disease as was done only discoveries rested solely with Messra. Chater and Mody That was pleaded and a few years ago in England Yours, ote..., ho quite agreed with it. The money for acquiring mining rights was also to bo fixed by Messrs. Chater and Mody, and that really was the

of the whole transaction. The actual acquisition of owners rights was vested in Messrs.

Hongkong, May 6th, 1914. Chater and Mody. Then there was

SIR, I beg to acknowledge receipt of another important point, Messrs. Chater They

and Mody could withdraw at any the following subscriptions to the above moment, and if his friend's construction fund was correct, they could withdraw after The Bishop of Victoria the other two men had worked for a few And years without earning a penny. That

was why they heard so much about part. Scholes nership; that after these two men had worked for a considerable time extending prospecting and developing, in spite of all that, these other two could withdraw and be finished with it. If that was a partnership, unless it was expressly stated to the contrary, Lanzius and Mac- Millan could have gone Fround and will be welcome. pledged Mesars. Chater and Mody to any will points mentioned in a case quoted by

King's Buildings Mr Alabaster, The omission of the word partnership from the original agree ment, he held, showed that partnership and Mody or Laucius and MacMillan, was never in the minds of Messrs. Chator He submitted to his Lordship that solicitor of the standing of Mr. Victor Deacon, or any solicitor, would not have pussed an agreement of that kind if it was intended to constitute & partnership between these people. They were, inter partners among themselves, and as

although he had not asked him to do so? Referring to the Statute of Limita tion, and the question which had been raised as to their bringing in a new case, he would say at once that it was not the now case which they were depending their writ as it was it was a claim for remuneration for professional services, If they wished to add to their statement of claim a claim for damages or slander or anything else it would be clearly law. When they had started an action they stopped the Statate ranning, and that came in in that case. They stopped the We find that the British 1.8. Tai Un,

Statute running against a certain claim ON 95858, of Hongkong, of which Robert

by issuing a writ. He had authority to Henry Wetherell, the number of whose

show that that could be done. certificate of competency as Master is

had to commence and issue the action 09651 of London, was Master, left Hong

before the expiry of six years. What kong on the 27th April, 1914, on a voyage

they did and what the other side to Korgmoon, with a general cargo of Mr. Sharp, continuing his addreas, said had put forward as a new case, was about 100 tons, 396 passengers, of whom he had a few words to add to what he simply to give further particulars of the unly 303 paid any fares, and a crew of said the previous day upon two points professions services. Sir Paul Chator, 38. At about 10 p.m., the ship being then One was that he found he had understated he asked his Lordship to bear in mind, off the Ieland of Kiu Au, near the the evidence which he was going to call had never written, nor had his solicitor, Bwashway entrance to the West River, upon the old work done. He understood saying that he wanted to conclude the some of the passengers who had embarked as a matter of fact that not, one ounce partnership. In face of what his friend at Hongkong rose and attempted to gain of stuff was ever obtained for sale or sold, had said, and of the evidence which he possession of the ship, being armed with which had been got from the iron mining said he would be calling, Sir Paul Chater Mauser and Browning pistols. They are. He did not know whether that really would surely have long ago written to attacked the bridge, where the Master, affected the case, but he was under the Lantion, or got his solicitor to do so, Mate, Chief Engineer, and two armed impression that the previous day he said saying, From to-day our partnership Portuguese guards were ent

entrenched something which might give his Lordship is at an end. Why was Sir Paul Chater behind iron and barbed wire grilles and a wrong impression. There were certainly new claiming to be's partner of Mr. loop-holed bullet-proof shields, who were some rights. But if he had said that Lanzius He (Mr. Potter) would show able to repel the attack of their assailants, material was in fact taken out and sold his Lordship why. It was a good defence with the loss on their side of

it was not so. With regard to the other to that branch of their claim relating to work done. Until 1912 Sir Paul had Chief Engineer slightly wounded.. mines, no mining rights were obtained or

The pirates then retreated below and were ever exercised, and not an ounce of never suggested that he was a partner peaceful passengers to go up and call purposes or for sale. The other point which he absolutely denied, that was no upon the master to surrender, and upon was in relation to what he had described answer to the claim. It was law that their refusal to do so shot them. They as the now case. He did not think be no action could be brought until for a farthing of the losses, they bore no then deliberately set the ship on fire in had made himself clear on that point. Partnership was at no end. But us to partnership in this case his point was two or three places. This was about It was a new case for several seasons. In this

In most partnership cases of the other side claimed for.

which he had read or heard in 09 per “In the meanwhile the officers, in the remuneration for services, but it was not cent of them they had the plaintiff intervals of fighting, fired distress signals stated in the writ how the claim arose coming into Court to claim he was a -rockets, bombs, and coloured lights, In the new case the claim was made under partner and the defendant coming into which were seen and answered by the two heads. Under the 1905 written agree | Court, denying he was a partner. In this British steamers Shun Lee, Shiu On, and mentit was due for work called proscase, peculiarly enough, that position was but that was not so. Coming to the mean- Boi Sang, which were on their way down the river, bound for Hongkong, and by the Chinese 3.8. Wo Kwas bound for Kongmoon. These four ships rendered all assistance in their power, and succeeded in rescuing some. 165 means of their boats.

the

extent they liked That was one of the

850.00 Hon. Mr. H. E. Pollock, K.C. 50.00

Pepe"

L Gibbs

HW.

Matches

Vacuum Oil Company W. A. Dowley

8,00

·6.00

25.00

25,00

6:00

100.00

50.00

All further donations, however small,

Connaught Road.

W. A. DOWLEY.

HONGKONG LEGISLATIVE

COUNCIL

QUESTIONS" REGARDING : THE HOSPITAL

#NURSING = STAFF.

At the Legislative Council meeting this

afternoon the following questions will be

INTIMATIONS

SORE UNDER KNEE

CONSTANT ITCHING

Nearly Unbearable. Caused Great Pain. Always Running. Could Get Little Sleep. Half a Tin of Cuticura Ointment Healed Sore.

Russell St.,,Hull, Yorics, Eng-“I had been troubled with a more under my kudo. which caused me great pain through. Its

constant itching. The Dart affected was the fleah Just under my knço about eight Inchos long. It began by a constant Itching nearty - unbearable, and was sle whys running. I could ́mes Hitia sliep as it was KAWASH WOLWe when my bodywas warm at night.

"I teled everal reme

dies which utterly fallod. Thappened to sou an advertismant one day about Cutiepro Ointment and I thought I would try it. I used only and half a tin of Cuticora Olt- ment and thật completely heated the sove which I had been troubled with for no lom than eighteen months." (Signext)⠀⠀ #red Hudson. July 2, 2012.

Cutiepra

tina Soap and Cutler Olaimant are wold everywhero No other

omažlicate

domo much for pimples, blackheads, rod, rough skins, itching, 'ntaly' acálpa, dry, thin and falling hair, chapped hands and abapolca nails nor do it so economically. A sample. of each with 32-p, Skin Book free from nears ‚est depot: F. Newbery & Sons, 27, Olariar

bouse Sq., London, R. Town& Co. Bydder, N. 8. W.; Lennon, Lid., Cape Town: lar. Machian & Co., Calcutta and Bombay: Potter D. & D. Corp., Boston, U. 6. A.

4 Tendor-faced men should shave wink: Cuticura Soap Shaving Silck. Sample free:

[06-2

endeavoured to persunde one of the stuff was brought up for commercial And even if there was a partnership document made them so. Under that asked by Hon. Mr. H. E. Pollock, K.CGHSAK GAUPP

11 o'clock,

the writ

regards the whole world as well it that document the only right Lanzing and and not net profits; they wore not liable. MacMillan had was to share in the gross

nut

1-When was the decision arrived at to aingrouse the staff of the Medical Department by two Probatiopera instead of by two Sisters, between what dates were the Probationers advertised for, and in what nows papors 2 AAN ON 2--Har it been found by the Government, as the result of experience, that it is an easy matter to engage Probationers poussing satisfactory qualifications! Do not such Probationers, as a rule,

require, during the first year of their engagement, to be carefully supervised by the Sisters

expenge for prospecting or anything else, Lanzius and MacMillan could authorise any liability at all, and the others could stop short at any moment they liked. In the original agreement no one was safe at all, and it was obvious, he thought, that Lanzius and MacMillan said that the words set with us and had to say in the matter. It had been joint venture, indicated partnership, ing of the word expenses," Counsel contended that it obviously meant work- ing expenses. That was obvious from hie friend's argument. Looking at his friend's Own case it was obvious that expenses included the costs of labour.

His Lordship-Do you mean coolies? Mr Potter replied that not only did it includo coolies, it covered the salaries and costs of an analyst and engineer, a Mr. Last month the new claim was sprung be able to satisfy his Lordship that a Davidson and a Mr. Laurier. upon them, that was to say, that a new partnership stood it would be a very assumed that expenses meant unly out-of- His Lordship suggested that it might be The anchor was let go to bring the contract had been set out, and also new good defence to any claim by the pocket expenses, and that this included the Nursing Staff at the Government

pecting. Then in the original agreement reversed. They had the plaintiff coming also it was claimed under an express into Court saying he was not a partner promise to pay for prospecting work and the defendant coming into Court It was in these respects only that the new saying we are partners." He asked 65 per statement, was made last month. The his Lordship to ask himself why that was other side said there was an express necessary. He thought the answer was promise to pay in the 1908 agreement. that the defendant hoped that if he would

The flames spread rapidly, and the ship was shortly ablaze from stem to atern, the passengers, including pirates and oraw, jumping overboard. Many however, appear to have been unable to escape, and were burnt, a

ship's head to wind, but the officers soon work. By the new contract he meant a plaintiff in found the bows untenable, and had to

the shape of remunera remuneration, and that remuneration jump also, the Master being the last to verbal contract of employment. To do tion; as his friend had properly leave the ship. They were picked up. what? Not prospecting, but managing, pointed out, there was a statutory pre with the exception of the Mate, Mr.

Evans, who was unable to secure mining, developing and opening up sumption against a partner being entitled a lifebelt, the fire having reached his mines. That was not included in prosto remuneration unless it was expressly cabin when he went to get one.

The ship was completely gutted, but pecting. Mr. Sharp added that the right provided for in the partnership deeds, was subsequently towed back to Hong of one partner to bring an action against or unless he could prove express promise kong, when the charred remains of 17 another was only limited to certain cases to pay such remuneration. Therefore, bodies were found on board, besides but this was one in which such a course once again, he said, they had the defen evidences of many more host totally

was quite inside the law.

dant raising, the defence, call it technical consumed by the flames

if they liked, of a partnership with the express object of defeating the other side Sir Paul was quite entitled to do it, but

We find that no blame attaches to any of the certifiented officers, who took

meant also that Lahzius and MacMillan had Sir Paul Chater and Mr. Mody's Thames to assist them in the market, and to make their shares saleable. Possibly Lanzius and MacMillan themselves might not have been able to sell, t

Mr. Potter said that no such thing was mentioned in the agreement. Lanzius and MacMillan had really presented Sir Paul Chuter with their quartet of shares They had no liability at all and were not meant something The word expenses responsible for a penny of the expense. more than out-of-pocket expenses. word expenses in the agreement was specting, including propping, digging equivalent to cost the cost of shafts, coolies, and even machinery it reasonable to assume that they were if it was used in prospecting Was

The

Pro

& CO.,

WATCHMAKERS

∙AND

JEWELLERS.

3. In the year 1918 how many Military SURVEYING AND NAUTICAL

women and children were cared for in the Government Hospitals, and what fees dil the Government receivo in respect of such coses? Has there bean any, and, if so, what increase in the

INSTRUMENTS.

Government Nursing Staff, and whon, ZEISS PRISM BINOCULARS, since the Government took over the care of such, cases from the Military Authorities

4-How many. Sisters are there now on SUN GLASSES.

Sisters liable to be sent down to the SILVER AND PRINCE'S PLATE. Civil Hospitale Aro two of such Konnedy Town Hospital to nurse small-pox and other infectious diseases, and are two more of such Sisters attending for the greater part of their time to the nursing of private cases in different parts of the Colony Punja

Representativas-

5How many Probationors Are there now MAPPIN & WEBB.

on the Government Nursing Staff, and how many were there on the 23rd

- October, 1913, and the 2ård April,

1914, respectively? 6.When will the vacancies, which wore caused by the marriages of two Sisters in April, 1914, he filled up? How long before such marriages did the Govern ment know that they would take place, and is the Government taken any and what steps to fill up such vacancies and when?

What is the maximum number of beds which a Sister on night duty has attended to since the 1st May, 1813?!! Hon. Mr. H. E. Pollock, K.C., has also given notice of his intention to move the following resolution:

That the Governor-in-Council ......... be requested to nominate (under the Comi missioners Powers Ordinace, 1886), five

LTD.

LONDON,

ALEXANDRA

BUILDINGS.

CHATER ROAD,

CALDBECK,

Unofficial Justices of the Pego us Com MACGREGOR&C®

missioners for the purpose of instituting malcing and conducting an enquiry as to tbo suficiency in numbers, efficiency, and organisation of the Nursing Staff at the Goverment Hospitals and as to their terms of service, pay and allowances.

(ESTABLISHED 1864);

SOLE AGENTS FOR

Mr. Potter then addressed his Lordship on what he described as minor points all possible steps to secure the safety of which could not be decided at that period; the ship, and conducted the defence of the bridge most gallantly. The means partnership, construction of agreement, in doing so he was putting forward pleas adopted for the protection of the bridge etc. His first point was that of which would have never entered into his appear to have been most efficient

We are of opinion that the conduct acquiescence. In law scquiescence could head if they had not put forward the of the Master of the British s. Latas, be no defence to that form of action at claim they did. They had been told that to have a quarter share for the knowledge in failing to stand by the Tai no to all. Another point was that of accounts Sir Paul Chater could only refuse to pay they had acquired, and nothing clas render her any assistance, requires fur- ther enquiry, as does that of the Master stated. That was wholly a question of that remuneration on two grounds; he There was nothing on the face of the muneration for their services. They had of the On Lee, who similarly failed fact. He himself had never heard, and could not pay, or, he would not pay agreement to exclude expenses and re We also wish to point out the irregu he did not think Mr. Alabaster had done That was to say, he had nothing to pay done prospecting in obedience to orders larity, and very probable surce of danger, of the practice, which seems to be so, of what position the defence took up with he agreed with his friend that that and they were entitled to remuneration universal on board vessels on this run,

with regard to the defence of accounts position was never likely to arise and for the prospecting. If the agreement was such that the two men were to work for of carrying an unlimited number of stated. They had been assured time after he hoped it never would-or that ho several years and get nothing at all unless passenger runners, cargo brokers, and live stock attendants, who pay no fare, time that the fence did not desire to would not because he was dishonest Messrs. Chater and Mody chose to develop and are common supposed to form an take any technics fence. All he could They had not suggested that. He (Mr. the mine, then it was most iniquitous, If such wore the case they were to be intelligence department for the pirates

say was that the defence was wholly Fotter) could conceive many possibilities excluded from getting the reward for THE PIRACY OF THE " CHILDAR." technical from beginning to end. There between those two sad he did not think their services There was a suggestion was the question also of the basis on the defences were exhausted at all. But that plaintiff claim was a false one, and that it was not brought forward until Before Mr Wool, at the Magistracy which the accounts were put up. That this he could say, whether Sir Paul paid 1911. It was discussed, and he could

ORDERS OF THE DAY. yesterday, ten Chinese; three of whom

was going to he used as a defence or it the remuneration or not, and he would prove this, as far back as 1908. Sir Paul

The orders of the day are as follow: were arrested at Yaumati, and the

was not. They had heard a lot about the put it to his Lordship, did he believe Chater could go into the witness-box and ewear what he liked, but he would nover

First rending of a Bill entitie, Au remaining seven of whom were brought way in which the plaintiff had been Sir Paul Chater world claim to be convinces Counsel that at the time the

Partner of two mining engineers whom agreement was made partnership was Ordinance for more effectually preventing From Mação, were charged that they treated by the defendant, the kindly way he had never seen before July 1905 in his mind. Burely it could never he the Publication of Obscene Hooks, Pictures piratically and feloniously did assault in which defendant had acted; that he

said, either, that prospecting stopped and other Articles, mariners and divors other persons on did not want to press things, that he was when he said that he did not mean that when they had to dig into the ground? Second reading of the Bill entitled "An board the Childar on the 15th March, and generally going to treat plaintiff in Sir Paul Chater would be in any way Prospecting meant looking for minerals, Ordinance to amend the Protection of

ashamed to be a partner but had he and they often had to dig for that, and Women and Girls Ordinance 1887***** put them in fear of their lives, and also very liberal way, and that he was noter claimed to be such unless it was to when they had found the minerals their Secend reading of the Bill entitled, "An piratically, feloniously, and viclently did going to put up a technical defence. Yet stand for him as his defence to that prospecting was finished, and the Ordinance to amend the Magistrates' Ordin PILSENER BEER

the question as to whether what had been ines, 1890 steal $14,000 worth of jewellery and his friend, Mr. Sharp, after saying action Counsel then proceeded to deal discovered justified them in working a Second reading of the Bill entitled, "An clothing.

this, had said in the same breath that he with the partnership document and said mine. And if they had done prospecting Ordinsun to amend the Flogging Ordinance, The Crown Solicitor (Mr.___P___M.___would prove what took place at a meeting it was a strange and very vital fact that work at the instruction of Sir Paul 1903

A PURE LIGHT GERMAN BEER Hodgson) prosecuted.

His Worship observed that he already which they absolutely denied ever did the word partnership was not mentioned Chater, outside that agreement, then they Second reading of the Dill entitled, “An were still entitled to remuneration. The Ordinance to amend the Airships Ordinance, had two charges against the three men take place. For what purpose, he asked throughout that document. It would not sele judges of what was to be developed 1912. FROM THE PILSEN arrested at Yaumati, and asked the As a defence, of course Sir Paul Chater, have been left out if it was really were Messrs. Chater and Mody, who Second reading of the Bill entitled, "An in regard to this matter. Crown Solicitor what he proposed doing according to Mr. Sharp, was taking Pintended to be a partnership agreement seemed to think that they had bought the Ordinance to provide for the public lighting

others, body and soul, for a quarter of MrHodgson said that the charges the position he did as he was desirous of for it was drawn up by Mr Victor the shares, because they had sent the of the Colony, and for the protection of the POSSESSING ALL THE DELIGHTFUL would stand as at present, and they

Second reading of the Bill entitled,An technicalitice He (Mr. Pottery would have to be combined, as the

Deacon, who was fully experienced in such money up. What his Lordship had toppliances led to connection therewith evidence in respect of all the defendants saw no reason why he should do so. That matters. Such a point must weigh with decide was whether, on the agreement, the Ordmance to amend the Stamp Ordinance,

two-men-Lanzing and MacMillan could was the same. He asked for a week's was the meaning of the agreement of any Court. Joint venture, he submitted, be compelled to do this prospecting work Committen on the Bill entitled, “An remand, and intimated that he would 19061 proceeded Counsel. This brought was not a partnership. Then, again, they at the command of Messrs. Chater and Ordinance to attend and consolidate the PER 1 DOZ. QUARTS. $3.00 then be able to proceed on a date the him to the point which had been made found that the expense of the prospecting Mody without remuneration. If that Law relating to Chinese Passengers Ships stranged

Prisoners were remanded until of the second issue, as to the request toute borne solely by Mounts Cher was so, what was the use of claimingas defined by the Chinese Passengers Act, Wednesday act

do certain work. It had been argued that and Hody; the expenses of the

uses of the actual. Patter had not concluded his are generally 22 Mr. Agasaiz (of Mr. RA. Harding's Office) applied for bail on behalf of the if one man worked for another it need mining, etc., were also borne by Messrs ment when the Court adjourned until this woman prisoner.

not be assumed that he should be paid Chater and Mods Lanzius and Mac. morning,

When the legal issues have been desit *At the Crown Solicitor's suggestion his for it. He held that if s man was Millan had really no say in the financial with, a special jury will be empanelled to

Worship fixed the amount of the bail at

requested to work for another that matters.

deal with issues of faut $5,000.

avoiding

That was the point,

1855, and (pocermug Asiatic Emigrants

Committee on the Bill entitled, " An Ordinance to provide for the registration of qualified Dental Surgeons and otherwise to regulate the practice of Dentistry.*

Will not be proceeded with.

FALCON

DISTRICT,

CHARACTERISTICS OF SUCH BEERS.

PINTS

2.00

(Plus Government Duty for Local Orders).