1914-07-24 — Page 3

SUPREME COURT.

Thursday, July 23rd..

COURT OF APPEAL.

PRESIDENT; THE CHIEF JUSTICE, MB. H: H. J. GOMPERTZ, AND THE PUINE Junos, Mr. F. A. HAZELAND.

from Arndt & Co., pursuant to the principal agreement, c., as arranged for in Clause

10 of the agreement of the 31st July. There is, I think, a clear guarantee to repay on the failure of Arndt & Co. to do so. Then the amount

BEFORE SIR HAVILLAND DE SAUEMAREZ, guaranteed may be anything from nothing to $200,000. Mr. Pollock contends that the amount must be the amount due on the, completion of the contract. There is not a word about the completion of the JUDGMENT IN THE $85,000 CLAIM, contract in the guarantee, or in Clause 11 Judguretit was delivered by the three of the principal agreement, which calls. in the appeal of Francisco Pereira for u guarantee. As I read the contract, judges Maiques. The Great Western Smelting there is a guarantee of ropayment at such and Refining Co. of San Francisco. Mr.time as the Company could call for repay H. E. Pollock, K.C., along with Mr. F. C.ment, whether on completion or at any Jonkin (instructed by Mr. Leo d'Almada), other lime. Counsel for the defendant in the original netion, applied for an order that judg- ment might be entered for the said defendant, and that the costs of the appeal and of the hearing in the Court below before his Lordship the Chief Justice (Sir William Rees Davies, K.C.) might be paid by the above-named plaintiffs.

Judgment was originally given for $85,000,

A

The application was opposed by Mr. Sharp, K.C., and Mr. Eldon Potter (instructed by Mr. Beavis, of Messrs. Wilkinson & Grist).

The delivery of cannon by the Kwang- tung Government ceased, E. Arndt. absconded after very little had been delivered, and the plaintiffs discovered that his firm was in difficulties and unable. to deliver bronze or iron in accordance with the contract. It seems to me quite cloar that the plaintiffs, on this, were entitled to the return of their money, ten of so much of the Hongkong $200,000 as they were entitled to receive back," and that as Arndt & Co have failed to pay, the defendant is liable to his guarantee.

on

The President said-This appeal, as I ought to notice the contention of Mr. argued, appears to me to depend entirely | Pollack that such repayment as I have the construction of the contract just referred to is not a repayment, between the plaintiff and Arndt & Co. of pursuant to," or "in accordance with," the 31st July, 1912, a portion of which the terms of the agreement of the 31st was guaranteed by the defendant, and July. A careful reading, however, of the the contract of guarantee itself. The Clause shows that it is the calculation circunstances are shortly as follows of the amount due and not the repayment One Wong had induced the Kwangtung which is to be “pursuant to the contract.” Provincial Government to soll to him on A further point, that the plaintiffs

very favourable terms the old bronze and iron gammon of which there was a consider- able quantity in the province; he on the same day that he got his contract signed transferred it to Arndt & Co. Neither of these people had any money, and Arndt & Co., a few days later, on 31st July, agreed to sell to the plaintiffs this bronze and iron The agreement was reduced into writing and signed on that day, but it had been tho subject of earlier negotia tion.

One of the terms imposed by the Kwang tung Government was the deposit of $200,000, and the plaintiffs, so that this requirement should be met, advanced to Arnd & Co. such

accepted Arndt's creditors as the prin- cipal debtors, to the projudice of the defendant, is not borne out by the correspondence. They made inquiries of the trustee of a deed of arrangement to which they were not parties, but that is all.

I may add, though it has nothing to do with my decision, that the defendant was to make. $40,000 out of this contract in return for his guarantee, that it is impossible to think that he got 840,000 for guaranteeing the repayment of a small balance at the end of the contract, and that the circumstances under which he has been called upon to pay are just such as were, in fact, contemplated by everybody

The appeal should be dismissed with

costs.

The Chief Justice and the Puïsne Judge also gave lengthy written judgments in which they concurred with the views expressed in the judgment of the Presid ing Judge.

The sum BUTH. advanced was in Hongkong currency, whilst that required by the Government was Canton money. The result was that someone, possibly E. Arndt, who was acting for this firm, made an illicis profit of about $38,000, for which he had never accounted. This difference never reached the hands of the Government, and it has been contended by the appellant that its repayment has consequently never been guaranteed by him. Later, a sum of Canton $50,000 was paid out to one Li Mau Chi, ander somewhat suspicious

Mr. Sharp asked that two Counsel should bo certified, and their Lordships agreed,

TÄR HONGKONG DAILY PRESS, FRIDAY, JULY 24mm, 1914..

THEFT OF RICE.

At the Magistracy yesterday a Chinese cargo coolin and marine hawker" were. charged with stealing and receiving 406 lbs. of rice from the Chow Tat. ***

& Bowley) proscouted, Mr. R. C. Faith ~ Mr. H. L. Dennys (of Mesars Dennys full defended the first man, and Mr. P.

U.S. CONSULAR FEES AND RESTRAINT OF TRADE.

AMERICAN JOURNAL'S PROTEST.

THE NUISANCE OF CERTIFYING INVOICES.

an American trade periodical entitled Some interesting views are set forth in Made in U.S.4. on the system of Con- dant, both of whom pleaded not guilty... 8. Dixon represented the second defen-sular certification of bills of lading und

invoices. We quote as follows:

Mr. Dennys told his Worship that at about one o'clock in the afternoon there were two policemen on special duty near the steamers Salamis and Chow Tas From their sampan, on which they were watching, they saw a man coming down from the Chow Tai carrying & bag of rice. The man came down the gangway and

The commerce of four continents is from the Dark Ages requiring the Con voxed by ancient regulations, inherited

lading, and the payment of burdensome aular certification of invoices of bills of fees to consular officials. A remedy for this international nuisance can be found in the United States

United States declares: No tax or A clause in the Constitution of thic

duty shall be laid on articles exported from any State, art2008 exp

of this clause.

got into a cargo beat which was

Neither the National Government nor lying near. He was seen to go to the any State in this country can collect a stern of the cargo boat, and to hand the penny, in the form of a tax or fee of any bag of rice to the second defendantesntinental area of the United States kind, on an export shipment. The entire The detectives immediately went over except Alaska is now organised into the boat, and observed the second man States, and comes within the prohibition transferring the rice from the small bug in which it was brought down by the first man into a larger bag. The men were arrested. The frst defendant was brought to the Police Station, charged, and cautioned in the usual way, and he admitted stealing it.

Mr. Faithfull-He said I did take the rice.

a

Mr. Dennys said that the second defen- dunt, also charged and cautioned, made a statement--and it would be entirely for his Worship to say whether it was bon-fide one or not that the rice was given to him by the first defendant. A the second defendant. The boat he was bodkin for sewing up bags was found on

that she did not know the second on belonged to a woman who declared

defendant.

Evidence was then called for the prosecution.

The first defendant went into the box and affirmed that the rice belonged to him, that he had got it from the shore, and that it did not come from the steamer.

The second defendant said that he first mat the other man on the rice junk. He offered to sell witness some burnt rice for $120, but no purchase was made. He had no suspicion that the rice was stolen. The first man was sentenced to three months' hard labour and four hours' stocks, and the second man was given the benefit of the doubt and discharged. benet

THE CAUSEWAY BAY MAN

SLAUGHTER CASE.

At the Magistracy yesterday the Chinese messenger boy employed at the Cotton Mills at Causeway Bay again appeared before Mr. Wood on the charge of the "manslaughter of a cook in the servants"

quarters at the Mills.

After the wife of the deceased had given evidener, Mr. G. H, Hall Brutton asked for the discharge of the defendant. He

Goverment has any shadow of a right It is very evident that no foreign to send officials into the United States for the purpose of doing, on American a thing forbidden by our Constitu- tion. Such an act, by any foreign Government, would be an invasion of the sovereignty of the United States.

If Liberia, Portugal and the Latin American republics find that they are unable, through their Consular officials, to collect taxes from their rich uncle,' their Treaties will prove a barrier to any discrimination against European coun- tries; and the entire system of Consular taxation will fall to the ground.

#

2

THE FORTHCOMING FLOOD RELIEF BAZAAR.

We are asked to publish the following- further list of articles contributed to the Ваглаг -

oil paintings of flood disaster. The Kwong Tung Art Advertising Co.-

Miss Ma Po Shnon-One lot of artificial

flowers.

The World Mewa--Que framed picture. Chi Cha Tong-8032 worth of various kinds of medicine.

brandy, cases Binck and Whito whisky.

Mesum Donaelly & Whyte-8 cases estar

wine, I ask whisky and dozen coffee Messrs. Ruttonjce & Sons-1 case port powder.

Messrs. Bumun & Borblinger Wines and spirits,

Messrs. Melchers & Co.-Assorted perfume. Messrs. McEwen & Fricke-Wines, spirits and sundries.

The Chuen Hing Knitting Co.-A quantity. of socks,

The Sincere Co.-A large

toys.

quantity of Mr. Fung Si Hon-10 Palaco fans. Chuen, Leung Ching Chuen and Wu Shin Mowers, Yung Mau Hing, Trang Cham Po of Human & Berblinger--10 cases goldon eagle beer.

Kong Ching Lei and Kong to Si-3 fancy Messrs. Kong Min Jan, Leung Tai To, pictures worked by themselves.

Kwong Wing Sang Half-dozen large and 1 dozen nul ink juus,

fancy handkerchiefs,

The Onger Sewing Machine Co-60 dazen

Kwong Song Hong-500 worth of various. kinds of useful articles.

Tat Cheonk-75 boxes cigars. 1,000 packets, of cigarettes.

The Shek Wa Tong Lithographiers-Full supply of lithographic testments required. tablets) and 200 bottles nuiphorated ol

The Wing Sang Co.-100 hoxes camphor

dozen bottles of sweets of various sizes.

The Hongkong Preserved Fruit Co-120

INTIMATIONS

Odo!

The World's Dentifrice

This is the

dentifrice

which has won its way round the world and itself supremo in

evory

established country.

Odol, and Odol alone, possesses the re markable power of impregnating the entire lining membrane of the mouth, leaving a thin but thoroughly effective antiseptic coating which maintains ito protective influence for hours after the

Mr. Si Wa Pa-Fancy worked articks.

Yan Wo-1,000 bottles Po Ning" Pills Odolisers the absolute assurance that their 1 case sacks.

The Lee Man Hing Kwok Knitting Co-mouth has been rinsed with it.

It is this lasting effect that gives to and 200 boxes "Mun Ning

CHS. J. GAUPP & CO.,

Our friends in Europe are requested to consider this matter carefully and see if they cannot, through the influence of securing the abatement of this interna their own Governments, lend a hand in

ties in the fact that the United States, sweets, 50 curds of various kinds of buttons, the bacteria which destroy the teeth and tional nuisance.

A humiliating angle of the question Lee Wo Co-75 tins biscuits, 75 bottles months are permanently protected from for more than fifty years, has been 30 hottles fruit syrup, 30 bottica perfume endanger the health. collecting export taxes in foreign and 10 dozen assorted coloured socks. countries through American Consuls, on Mr. Ching King Man-8 fancy worked. shipments from those countries to the pictures United States. We are invading the sovereignty of foreign countries for the the services of students in selling things at The Suger Co-Servicablo articles and purpose of doing a thing that our Con- Busaar stitution forbids on American soil. A few years ago

raformed "A our. Consular service by a law which incident ally changed the Consular lee on invoices into the more odious form of a stamp tax. able to find for fees on invoices is

The only defence the Editor has been bureaucratic argument that the Consul invoice or bill of lading, and that performs a "service" in certifying an international usage permits Consuls to collect fees for any service they perform, This defence dues not hold water.

we

**

to

Consuls are undoubtedly entitled charge and collect fees for any actual service, that they render in their legal capacity as representatives: of their Governments and the Courts of their countrica In the validation of legal papers for use in Court proceedings, the taking of evidence in the form of deposi tions, and in a thousand other legal matters, they perform an actual service.

The certification of invoices, however, is not a "service."

"It is a nuisance. It serves no useful purpose whatever. The oath on an invoice, even if it were sworn by principals, is worthless. In the States we cannot prosecute any citizen or resident of a foreign country for falsely stating the value in an invoice; nor can any foreign Government prosecute Courts.

Shoung Chi" Girls' School--Ditto. Chan Tung Sham-1,000 bottles, medicated oil, 500 boxes "Ping On" tea, 50 boxes white piutment.

Jai Chuen Brewery 200 bottles. -of various kinds of Chinese wine.

Yu Pun Son-10 cases dried fruit." The Confucian The Chinese Y.M.C.A.—Ditto. foreign band.

Society-Services

hoxes sweets and 50 1-b. tin of hisquite,

Ma Yah Shan-1,003 bottles sweets, 150

WATCHMAKERS

AND

JEWELLERS.

Ping On Shi-1,000 packages "On Ning' boxes pills, and for exhihition, articles of SURVEYING AND NAUTICAL ten, 200 bottlen "Ping On" oil and 20 art.

assorted soap.

G. Humphrey & Co. 100 cases

band at Bazaar.

Chinese St. Joseph Band Servion of

Sodan Co-Supply of toilet articles and medicin Co

tea and refreshments for 7 days and nights. Proprietor of Happy Retreat-Supply of Tak Cheung-A quantity of perfume, tooth. umbrellas.

paste, ladies hand bage and

The Hongkong Ice Co.-21 tons of ice. A. 8. Watson & Co. Full supply of serated waters required.

circumstances, and for this also the part in the social and business life of the said that the deceased, his wife, and other any citizen of the. United States in our required during 7 days and nights and for

guarantor says that he is not liable, the guarantee having been signed after this As I have said, everything

repayment.

witnesses had stated that the chopper produced in Court was the instrument with which the wound was inflicted, and

The certification has become A marre mummery. It is attended to by an office boy, a messenger, a clerk, a shipping

seems to me to turn on the construction They were addressed to one of our leading 1 the defendant himself admitted that that agout, or anyone who can pay the fee,

of the two documents, and I will now consider them.

It is first misterial to observe that the agreement of Sist July, though it recites the agreement between Wong and the Government, nowhere speaks of the deposit, not even where the payment of Hongkong $200,000 is provided for in Clause 10, so that although the plaintiffs knew perfectly well to what purpose their Juoney was to be put, they in no way "ear-marked it for any particular use. Clause 10 of the agreement provides that they shall pay $200,000 in instalments to Arndt & Co., which shall be deducted from the said purchase price between the said firm and the said Company on each shipment

at the rate of 25 per cent. of the invoice amount." ment purports to be made on account of the purchase price of the goods, and it is to be worked off by credits from time to time, The amount due to the plaintiff thus varying from time to time, The rest of this clause provides for the repayment of the balance, if any, at the completion of the agreement.

፡

The

Pay

Clause 11 contains the guarantee. What is to be guaranteed is the return of the two lakhs, or of such part thereof as may he unappropriated from time to time in accordance with the terms of the agree ment. What are these terms? Clearly, the terms of Clause 10 providing for the appropriation of 25 per cent of shipment prices to the reduction of the $200,000. And the event on which the guarantee is to become operative is the failure of Arndt & Co. to repay the whole sum, or such

GENTLE ART OF '' SQUEEZE.” - A certain institution, says the Central China Post (Hankow), which plays a great port, and which from the function it ful fils has us more or less at its mercy," has broken out in a new spot as the following letters which have been sent to us show. local tea firms, which in forwarding them to

"Similar letters received by every tes firm in Hankow. verybody believes that in case of refusa there world be unaccountable delays in the forwarding or delivery of their mess. ages. Perhaps you can say something about it in the lost as on previous occa- sions you have criticised the same institu- tion,"

us: says:

:

Letter A Bays : --

wero

Hankow, July 1st.-- DRAR. SIR,-How are you lately? I am very much obligo you with all of my heart. I having very think of your best tos to take a little, but I know the price of this season is more high thun last year. Will you please kindly give bearer one small box of the tea?

Thanking you in anticipation.-Yours faithfully,

(Signed) COUNTER OFFICES Letter B is of the same tone but in better English-

by Hankow, July 5th.. DEAR SIR-Wo are glad to know that you have a good tea-market during this mason of this year and goes prosperously with you."

Will you be so kind enough to let me "have one or two cases of ten by the some

bearer with many thanks-Yours faith- fully

(Signed) SUPERVISON.

By this time our perspicacious readers. will have guessed that the Institution to but we dare not say that it is because we which we alluded is the Telegraph Office, are in the same plight as the teamen, and if we give offence in that quarter there is no knowing what might happen to a service which is indispensible for a news paper and which costs us much money every month. We may say, however, that similar demands have been made on our selves. At Christmas time, we received a note on official paper and in the official chit book with the blunt request :

box".

"Please give bearer your Christmas

was the chopper he used, although he did not know he hurt the man. The doctor

said that the wound could not have been made by the chopper. There was no bloud on the chopper, and the doctor explained that the wound was two inches on the surface and four inches underneath, & wound which it was absolutely impossible to inflict with the chopper.

His Worship asked Inspector Mellardy If he thought he would be able to clear the matter up, and get more evidence.

The Inspector said he was afraid he would not be able to get any more witnesses.

His Worship-It is quite clear that the wound was not caused by that chopper.

Inspector MeHardy-No, it is quite clear from the medical evidence, but all the witnesses for the prosecution say that the chopper was the instrument with which the wound was made

Mr. Bratton-That is all in my favour His Worship observed that he did not think that a jury would convict on the evidence, and he discharged the defen dant

PERPETUAL CURRENT.

DUTCH PROFESSOR'S GREAT DISCOVERY.

The Hongkong and China Gas Co., Ltd.--- Donation of 8000 and full supply of gas exhibition various kinds of gas cooking and heating appliances:

INSTRUMENTS.

ZEISS PRISM BINOCULARS.

SUN GLASSES.

SILVER AND PRINCE'S PLATE.

Representatives

It is rare that the person certifying the THE TUNG WAH HOSPITAL FLOOD MAPPIN invoice has any personal knowledge of the facts that he certifies.

RELIEF FUND.

The Tung Wah Hospital begs 10 acknowledge with thanks the following further donations to the Flood Relief Fund:-

It is simply and solely a tax un exports, a relic of the Dark Ages when the merchant who was bold enough to travel had to obtain a safe conduct from pay tribute to every petty baron through whose domains he might pass It is like the nine protective tariffs in

Already acknowledged which the barons collected before the Ling Kee Company fifteen miles on the River Elbe, Mr. Ip Hok Ling Hanseatic League was organised; or the Messrs. Mow Foong forty tolls which & boat had to pay in Messrs. Sni Yick ...... Messrs. Man Treung passing through the Languedoc Canal, to barong and other authorities for the Messrs. Kwong Tak Lung alleged service" they rendered in per Messrs. Chi Wing

Meara, Sui Houng Yuen. mitting Louis XIV. to build the canal.

Every effort will be made on this side Mr. Ching Cheuk Nam to secure from Congress the repeal of the Messrs. M. Y. Shun & Company laws through which the United States Hang Fa Lau Restaurant collecte Consular taxes in foreign coun- Moars. Yut Wo tries Efforts along the same line were

Mr. Chan Chun Lau successful Inst year in eliminating Messrs. Chi Wo from the new tariff law several new Messrs. Yee Mco provisions that would have proved inter- Messrs. Tsang Kwai Koo national aggravations. We have seen Messes. Woo Yuon striking results in the past six months Mr. Lam Hin Lan of international co-operation in securing Mr. Chiu Yeung Chin recognition fur treaty rights in the Mr. Wong Kum Yes Panama Canal. The rights of commerce leurs, Fuk Cheong are not bounded by geographical Messrs. King Wa divisions or lines on maps.

Mosses, Ching Wà Our English friends ought to be Mosara. Po Tseung especially interested in this question, Messrs. Siu Yuen Kes because we had a very serious controversy | Mr. Fong Yuen King with them a century and half ago over Mosses, Hang Keo MAL the subject of "taxation without repre Messrs. Shan Cheong Hing stamp taxes. Parliament undertook to Mesra, Yuen Choong Tai sentation, especially in the form of Messrs. Tung Yu Tai collect stamp taxes in territory then Messrs Kwan On Lung known as the American colonies, now the Messrs. Li Wong Kee It is the work of Professor Kamerlingly resisted, and was one of the incidents Mr. Yung Kwong ly

United States. The effort was strenuous Mosers, Kwong Wa Danes, of Leyden, a great physicist, who first succeeded in liquefying helium,

leading up to the revolution which Messrs. Tak Cann Professor Onnes found that mercury United States.

resulted in the independence of the Mosers. Hop Lee ...

Mossra. Kwong Nam Shang subjected to a temperature of 4.19 degrees

English merchants are now paying in Mesars, Theung Fat Centigrade tin to one of 3.8 degrees lend,

Consuls & 22 donations of 25 to a temperature of 6 degrees would offer stamp taxes to American no resistance to the passage of electric greater sum each year than the entire Collected by steamer Kin Shan

revenue collected from the erstwhile Ame- current, and would beome amper-con-rican colonies for the support of their

Всоще #прет-сок

Colonial Governments. Single cities in The professor then wound a thousand

amount involved in these historic stamp" taxes. ANY

A sensational discovery, described at the by Professor D'Atsonval, is of a method Academy of Sciences at Paris last month to make electric current practically porpetual,

ductive.

part as may from time to time be with the approval of the great men at turns of very fine lead wire on a bobbin England are paying more than the entire

unappropriated.

We wonder if this sort of thing meets

the head of the Institution. It is practi Let me turn to the guarantee itself.cally an attempt to levy blackmail which is a passable translation for the word These two Clauses are recited, and the "sanceze" But the interesting point is operative part of the contract, which is the illustration it affords as to how deeply material to the present discussion, pro- the propensity to squeeze has penetrated vides for the repayment on demand of the writers of the letters in question occupy the personality of the Chinese. The two lakhs, or such portion thereof as the good positions and cannot advance the Company may be entitled to receive back usus excuse that they are poorly paid.

At an ordinary temperatore the wire offered a resistance of 736 ohms, but when plunged in a bath of liquid heliu¦ it offered none at all, and the current intro- The present Solicitor-General ence gave duced into the wire by induction persisted a quaint definition of golf as he plays for many hours without the least per it. Pleading before Mr. Justice Serutton

The discovery is expected to open a new ceptible diminution.

on a point of law with regard to land, his lordship interjected, We must not path of research into the constitution of forget that golf in an agricultural pur matter-Reuter,

suit. Mine is, replied Sir Stanley Buckmaster.

(8th instalment).

.8120,143.49

& WEBB. LTD..

LONDON.

ALEXANDRA BUILDINGS.

CHATER ROAD.

CALDBECK,

50.00

50.00:

30.00

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25.00

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20.00

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20.00 MACGREGOR&Co.

15.00

∙10.00

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(ESTABLISHED 1864).

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SOLE AGENTS FOR

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17.79

8120,911.28

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The daughter of a very prominent Liberal statesman is telling this story gainst herself, says the Daily Sketch. She was footling round the links North Berwick way, accompanied by an elderly outspoken caddie.Do you think I'm improving in my game at all, Sandy?" she remarked casually. No. I wid na go sse faur as to say that, leddy, bit je've got a gaid prip of the language."

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