1914-09-18 — Page 5

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123-5

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BELGIAN NEUTRALITY

THE HONGKONG DAILY PRESS, FRIDAY, SEPTEMBER 18TH, 1914

NECESSARY TO THE WELFARE OF GREAT BRITAIN.

BY JAMES MURDOCK IN THE JAPAN MAIL"]

A day or two ago we cited a picture of a very confidential communication from the old German Emperor, Wilhelm L, to Bismarck written just before the Austro- German alliance of October, 1879, was con- cluded. From that it becomes plain that the old Emperor had no thoughts of find- ing a way into France for hin forces through Belgium in case of another Franco-German war, for he expressly says, in speaking of the hermetically sealed French frontier extending from the Swiss. to the Belgian frontier that it is this restricted field that, according to Field Marshal Moltke, we are to deliver battle." In formulating his plans of campaign von Moltke invariably took political and diplomatic factors carefully into account; and although he no doubt would have liked to have the Franco-Belgian frontier to

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to think of doing so unless with a Belgian- German alliance, or at all events, the free- consent of the Belgian Government. He was not the man to forget the prompt, action of the ultra-pacific Gladstone Cabinet in August, 1870, when the neutrality of Belgium and hor territorial integrity, scened to be in risk of violation in the great war of that year. The recollection of that episode one would expect still to be pretty distinct in Berlin and if such is the case, the natural inference is that those now occupying the places of the grand old Emperar and his illustrious Chief of the General Staff, are somewhat lacking in the caution and foresight that were such prominent characteristics in the psychology of the great von Moltke and his Imperial master. The episode of August, 1860, should have been enough in instructed to announce, of the immediate itself to warn the world of what Great return to France of 20,000 men, and of Britain would be likely to do in case the the retreat of the remainder into that integrity and liberty of Belgium were part of Belgium between Nivelle and the meraced. But behind this there are French frontier. These dispatches were some half-dozen cases in modern history all written in August of 1831-just $3 where the protection of the low countries years ago. But the language in our final has been the immediate cause of drawing extract from Fainerston's communication England into long and costly wars, to the British Ambassador in Paris Antwerp in the hands of a continental applies, mutatis mutandis, astonishing over-lord like Louis XIV. or Napoleon well to the present political situation in would be a terrible menace to England, 1914. The chief change needed, of course, and Antwerp has cost England almost is to read "Germany for France." It is as much blood and treasure indirectly rather interesting to surmise what would as it has the Belgians themselves, now really have happened if last In a striking passage in his monumenta Palmerston had been at the British history of Europe, Alison has vividly Foreign Office at the present most unfor It is just possible portrayed the Constant influence of tunate conjuncture Antwerp on the destinies of the Island that the knowledge of the bull-dog

(149

·SUPREME COURT.

Wednesday, September 1stà.

IN SUMMARY Jurispiction.

'CLERK'S ACTION FOR DAMAGES. Jose Maria Xavier, mercantile assistant, 26 Mosque Street, v. G. Martini and Giovanni Adolphus Bena, import and export merchants, Queen's Buildings. The claim was for $1,000, damages for assault and wrongful imprisonment, in- posed upon plaintiff by the first defend- acts manager, and the second defendant acting in the scope of his employment as manager, on May 6th, 1914. Plaintiff als claimed costs of action.

Mr. C. A. S. Ituss (from the office of

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between them. Nature, he there Berlin supreme authorities pause and writes,has formed the Scheldt to be ponder the consequences deeply before the rival of the Thames. Following venturing to flout solemn international through a country excelling even the conventions. There would possibly have midland counties of England in wealth been no violation of Belgian neutrality probably no and resources; adjoining cities: equal to at this conjuncture and

war between Clermany and Great Britain. any in Europe in arts and commerce; the artery at once of Flanders and Possibly there might have been no great

Palmerston had Holland, of Brabant and Luxemburg, it war at all... is fitted to be the great organ of com-unenviable reputation of being a political munication between the fortile fields and firebrand, and he certainly has to be rich manufacturing towns of the low blamed for the outbreak of hostilities that countries and ether maritime States of might have been avoided by the excrcise the world." Antwerp, moreover, the key of a little more tact and complaisance. of the great estuary, is eminently adapted But against this is to be set the indubitable for the establishment of a vast naval fact that his strong determination--and arsenal, such as it became under Philip the general knowledge of his strong II. of Spain, and again under the first determination-prevented the continent Napoleon, and as it would promptly from being convulsed with a general war become if in the hands of Wilhelm II. of on more than one occasion.

Germany

41

It is the point," continues

MR. LEEFE'S EVIDENCE.

Alison, from which in, every age the independence of these Kingdoms (Great Britain and Ireland) has been seriously RIBEIRO COMMITTED FOR TRIAL menaced. Sensible of ber danger it has been the fixed policy of Great Britain for centuries to prevent their formidable outwork from falling into the hands of

The concluding evidence for the prosecu her enemies, and the best days of her history are chiefly occupied with the tion in the charges of uttering two forged struggle to ward off such a disaster."

and Mr. R. C. Faithful defended.

The case arose out of an action brought against G. Martini by plaintiff two or three months ago, claiming damages in lieu of notice, and also alleging a libel. On that occasion a special jury found that defendant was not justified in discharging plaintiff in the summary manner he did.

At the outset Mr. Faithful held that the two actions should have been brought together. He had no authority for this, but. held that multiplicity of actions should be avoided.

There was a long argument on the point, but eventually His Lordship said the cast was to proceed,

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Mr. Russ explained the previous action, and said that at the time of the dismissal of plaintiff Mr. Benn must have been wildly excited, because he refused to allow plaintiff to leave the room, and said INDO-CHINA he had got papers in his possession belonging to the firm Mr. Benn stood at. the door so that plaintiff could not get out of the room. Mr. Bena-then sent for a policeman and a European constable responded. Defendant said Arrest this nan; he has got papers at mine. The European officer did not want to arrest plaintiff, so an Indian sergeant took plaintiff to the police station, in custody. Vsisted on the sergeant holding plaintiff. The European constable saw the sergeant holding plaintiff, and said you ought not to do it; he is going quietly." Plain- tiff was marched all along Queen's Road. where there were many people, to the police station, where he was searched. No papers belonging to the firm were found on him, but he had some papers which were his own. Defendants made no charge against plaintiff at all; in fact he believed the Inspector would not take the charge.

Dr. Lewis (Messrs. Johnston, Stokes and Master) prosecuted and Mr. Gardiner wateed the proceedings on behalf of de fendant.

Here the historian indeed goes too far in cheques and forging an application for a On the way to the station defendant in ascribing every great war in which cheque-book proferred against A. England has been engaged to this course Ribeiro was heard at the Magistracy alone, for the security of India and of

on Wednesday, the way to India has been a motive of equal strength. But it still remains true that it was to protect Antwerp from Louis XIV. that Charles II. sided with the Dutch in. 1070; that the English. Government declared war on Louis XIV.

Mr. L. N. Leefe, secretary of the China in 1704, that Chatham supported Prussia in the great Freidrich's times, and that Association, and head of Messrs. Jardine, the younger Pitt entered upon the long Matheson's Insurance Department, said struggle with the French Republic it that on behalf of the China Association 1793. Yet again in 1831 the British wers there was an account at the Hongkong The defendant on the very brink of a war with France and Shanghai Bank.

prior to February last, was employed in over the temporary occupation Belgium by French troops at the invita the Insurance Department. He also did tion of the new King of the Belgians the clerical work of the China Association himself. Witness this extract from & for witness. He had access to the Asso despatch of Palmerston's, then Forciga cintion's cheque-books. When he wante Minister to the British Ambassador in a cheque on the Association's accounts it

One thing out and bring it to him for signature.

Examining the cheque of November

of

*་་

MORE THAN TEN MILLIONS IN USE IN THE FAR EAST. SAMPLES AND FULL PARTICULARS FROM

P. SOFFIETTI & Co., 14, DES VOUX ROAD. TEL. 289.

ALWAYS IN STOCK.

THE LAW OF THE SEA.-

LIABILITY OF SHIPPING TO CAPTURE.

$100.

Invasion was often impracticable, and thus the destruction of trade was the one and only method to attain the object of the belligerent Power.

Assuming a state of war to exist between England and Germany, there can be little doubt that it would be considered

Paris-an extract which, by the way, ja was his practice to ask Ribeiro to draw it was brought to the police station Mr. on their way to America, calls attention tional character; and it is significant that"

underlined in the original,

is certain the French must go out of Belgium, or we have

ture, witnees said the signature was a for gery. It resembled his (witness') signa Mr. Leefe recognised the hand

THE RIGHTS OF PASSENGERS.

From The Times of August 1s1 :- The fact that the German authorities necessary to strike at the merchant ship. have stopped the sailing of the Imperator ping of the enemy; but apart from the risk of actual capture the problems of and Paterland, which in the ordinary

insurance call for consideration. Marina course would have called at Southampton

insurance is nowadays of an interna- to the position in which the merchant shipping of belligerents would be placed. time ago at the Chamber of Commerce in English underwriters deposited some

trade. It is still generally recognized as

obligations to German a sound principle of international law fulfil that an enemy's vessel is liable to capture, creditors at the due date, war or no war. Such an undertaking could not bo sens.. It has been "pointed:

their

Plaintiff gave evidence bearing out his Solicitor's statement, and in the course of Mr. Faithfull cross-examination by denied that he took papers from defend ants office, which he thought he would be able to use against them.

Inspector O'Sullivan of the Central Police Station said that when plaintiff Bena first charged him on suspicion of Subsequently defend stealing papers." general war in 28th for $200 purporting to bear his signa- ant withdrew the charge, saying that the whether engaged in cargo or passeng Hamburg an undertaking in writing "to

papers were of no value.

Mr. Bena, in his evidence, said that plaintiff refused to shew him what paper told the constable to hold or arrest plain

He also said that tiff, who, he alleged, was willing to go to the police station. plaintiff had brought all the trouble on himself by refusing to reveal what papers. he had.

Cross-examined by Mr. Russ, defendant admitted that it was a fact that he was spiteful towards plaintiff. He broke open plaintiff's desk the night before he was dimissed, but he had no time to look into it,

ture.

be settled by the conference, and it must writing in the body of the cheque as that he was taking away. He denied that ho either in territorial waters or on the higa | enforced at law in the Courts of either

in

out by

is

not

a given number of days. But say the French, we mean to go out, but we must shoose our own time and our own terrns. The time, however, they have agreed shall

a learned writer on the subject that country either during or at the conclusion be as early as is consistent with the of defendant's Witness gave no instruc

of war, at any rate in respect of losses in face of the results maritime objects for which they professed to join. tions to defendant to make out the cheque. The counterfoil was missing. At the and

capture has

occurring while war was in progress. often produced it Further on, the same dispatch, of the year witness received a statement

The Courts do not recognize an alian to pretend that it Palmerston writes: "The French from the Bank showing the balance to the

idle among the most formidable of belligerent enemy as having any focus stands what- miscalculate their chances, I think, and credit of the Association. Witness did not

Thus if, for example, war, wero weapons; one cogent, reason being that by ever they will find that a war with all the check the balance himself, but instructed

to break out between England and rest of the world, brought upon them by defendant to do so. He brought the cer-

tendering sailors prisoners of war it saps. a violation of their word will not turu tificate to witness for his signature, which

the offensive maritime strength of the tiermany while a German vessel was on a voyage to America, and the vessel was to their advantage, nor redound to their stated the balance to be correct. If he

belligerent to which the vessel belongs. It honour; they will not be the better able had examined it himself he would have

has been said that this priciple has been lost through a peril of the sea, the owners weakened in modern times. In 1805 Italy would have no remedy against English to carry on the war on the continent for found that $200 in excess had been debited

The second Mr. Russ quoted authorities to show adopted a marine code by which the underwriters who had insured her.

While, however, the energy's vessels ara losing all their commerce and for being against the Association.

that a private person has no power to eapture of mercantile vessels of a hostile deprived of the revenue arriving there cheque bore a very bad imitation of wit from.. The ruin of their seaports will

must have been an actual felony com forbidden in all cases where reciprocity confiscation, it is generally recognized ervate general distress throughout the Dess's signature: It was for $200 payable arrest upon suspicion of a felony there nation by Italian vessels of war was liable to capture, and goods on board to

to hearer and was dated February 3rd. country; the chambers will soon be sick On that day defendant asked for a half mitted. There was no felony in this was observed, and a similar course was that destruction is to be avoided wherever case. It might be true that plain hollowed by Austria and Prusaid in 1866. possible. Passengers on an enemy's ship of barren glory if they succeed, or of day's leave of absence and he never

tiil was unreasonable, but defendant was in 1670 Prussia exempted French vessels would be liable to be disembarked at the defeats brought needlessly upon them if returned. In each case the cheques were

more unreasonable.. He dismissed plain from capture without insisting on earliest opportunity, and they would they fail; the Ministry will be turned out, taken from the ends of cheque-books.

tiff without a moment's notice, raked up reciprocity. But special reasons may be have no retardy in contract or tort; but The and the King may go with them.

and the counterfoil extracted. It was in Carlist party will make an effort, and March, when witness had his pass-book a charge against him, and flew into assigned for the departure from old they would run little risk of more serious comparativeable that a passenger vessel would resist with the Republicans may give much made up and found the two cheques temper and plaintiff was absolutely methods in those instances, an important consequences, since it is almost unthink-

baing the standing upon his striet consideration in embarrassment. Austria and Prussia are

weakness debited against the Association. Witness right

Powers capture by a man-of-war. Still, it must well prepared for war.' On that coca-

called on the Bank and asked for an ex-legal rights and saying I will have maritime sion such decided language, which a less planation, and the Bank turned up the nothing to do with you." If a stigma concerned at that time. When we come to not be forgotten that a vessel seeking to more recent times, we find that Count evade capture would be liable to be fired resolute Minister would have avodied as two cheques. The paper on which the letters was placed on a man in a small place like likely to produce war, really prevented it, as will appear from what Lord to the Bank asking for a cheque book on Hongkong it could not be repaired and Caprivi, Chancellor of the German Em-upon and possibly sunk; and the mere one could not possibly estimate the dampire in 1892 pointed out that the changes fact that a state of wer exists is sufficient to deter the majority of people from Frauville aaid from Paris: My written, was paper supplied to Jardine, age, Defendant had not only made the which had come about in the methods of representatives and Tullyraud's (then Matheson's by a company for which they charge of felony but had persisted in it, conducting a maritime war did not tend venturing on a voyage where there is any Un to favour the protection of private substantial risk of falling in with an French Ambassador in London)

He said in substance enemy's man-of-war; and if compelled ta This completed the case for the prosecu- and no damages were too high. despatches of the state of public feeling

cross the seas where there was such a. in England have alarmed them (the tion and Ribeiro was then formally com- fortunately, owing to lack of means, ther

or the destruction of the enemy's commeres risk they would probably prefer to go in and could not claim more than $1,000... French Ministers) a little, and produced mitted to take his trial at the October had had to proceed in the Summary Court that not naval battles but either invasion

His Lordship reserved judgment. would in future bring a war to an end. the vessel of a neutral Power the half-measure which Talleyrand is Sessions,

behalf of Messrs. Reiss & Co. were

property at sea.

Documenta translated from er-into-Cluanion)

or Colloquial. Chinese,

of the