1917-01-04 — Page 7

SPORT.

HOCKEY,

1.K.V., (A) v. 57TM W.R,G.A.

The following have been selected to play for the H.K.V. (A) on the U.S.R.C gropid, at 4.16 this afternoon:-Lieut.

THE HONGKONG DAILY PRESS,

GERMAN GOODS AND

AMERICAN STEAMERS.

POSITION OF BRITISH AGENTS,

IMPORTANT SHIPPING CASE IN

SHANGHAI,

rule, what they should have done they are, as regards plaintiff, conclusively pre sumed to have done, "

But aside from this presumption do not see that it would aid defendant.

THURSDAY, JANUARY 4Tm. 1917.

DEAL IN ANTIMONY.

At the Hongkong Summary Court yesterday, a deal in antimony was the

if it were proven positively that its cause of an action. The Lee Hang firm, agents did not so inform it and that it mereliants, of Greason Street, claimed remained ignorant of the inet that its

The

agents would not accept freight from all 6000 from the Chi On Chang firm, the A case of very considerable interest to who might apply. That would merely parties being represented by Mr. Bulmer T.. Woull, Lieut. R. O Hutchison,shippers, and especially to British firms show that the agents were acting adverse-Johnson and Mr. Otto Kong Sing Pte. Evans (F.W.S.), Bulmer Johnson, who act as agents for American Ship-ly to their principal, which, as we have

ecou, will not according to the weight of respectively, Hamilton, Redmond, Brayshay Piercey ping Companies, was brought to a con-authority, relieve the latter from lia-estimated damages alleged to have been claim reprezentod Shythe, Dyer Ball, and Miskin.

clusion in Shanghai on. December 28th,bility. when Hia Honour Judge C. 8. Lobingior, its agents offered to accept the cargo auty of 30 tons of antimony, agreed to Defendant observes in its brief that caused by the non-delivery by the defend- of the United States District Court for provided plaintiff could procure the co-be sold on October 23rd, 1916. China gaye judgment in favour of the sent of the British Consul." But that plaintiff.

YACHTING.

ROYAL HONGKONG YACHT CLUB. The following Championship fixtures iave been arranged for 1917:-

6TH JANUARY;

FIFTH CLUB CHAMPIONSHIP RACE.-HANDI-

CAP CLASH.-Distance 0.2 miles. ONE DESIGN CLASS.-Distance 81 miles: HEYWARD HAYS AND GAEL CLASS. Die

tance 8 miles.

14TH JANUARY.

BHIND CRUISEL CHAMPIONSHIP

Distanco 19 miles.

20TH JANUARY.

was a condition which our law does not Mr. Johnson said it was agreed that permit a common ourier to impose. As the antimony should be sold at 8450 per finally and equally and while the com we have seen it must serve, all unconditon, and that offer was chopped by the

law may have been modified for the defendant firm. British Empire by the recent Enemy Trading Acts these have no force as to America.

At the time the offer

was made it was limited to acceptances within three days, Subsequently, the time was extended to seven days, and. within the extended time the offer was accepted by telegram from Canton, This was on October 23rd. On October 14th plaintiffs wrote and asked defendants for the delivery of the antimony, but no

INTIMATIONS

LANE,

CRAWFORD & Co.

ESTABLISHED 1950.`

SPORTS

TELEPHONES 1741 ▲xp 1742.

DEPARTMENT.

SOLE AGENTS FOR SPALDING'S ATHLETIC GEAR.

GOLF CLUBS

RIGHT AND LEFT HANDED

INCLUDING

SPALDING'S

Messrs. Jardine, Matheson & Co., the agents of Swayse and Hoyt, Inc owners of the steaner Yucatan, refuseúd the application of the plaintiff, Leonard Everett, for space on the boat unless the freight offered was passed by the Bri- tigh Consul in Shanghai. It was ad mitted that Bwayne and Holt, Inc., is

We must find, therefore, that defendant an Americaa corporation and the steam has not shown exemption from ita com- ship Facatan, an American freights, but men carrier's obligation; that its duty RACE—it was contended that Messrs. Jardine, was to receive plaintiff's freight; and Matheson & Co. the agents, were Bri-that, by its refusal, it incurred liability. tish subjects and, as such, were pro

The measure of damages for auch re- hibited by British law and orders in fusal varies according to the status of | Council from dealing in any way the applicant. If he is the owner of the directly or indirectly with German sub-goods offered for shipment and the object goods and was put forward that the to the difference between the market price all was given to it. Eventually, defend- jects of their agents or German enemy is a sale at the destination, he is entitled reply was received, and no attention at CANN plaintiff was acting as an agent for at the latter and that prevailing at the ants denied all knowledge of the affair, German subjects and that the cargo point of application, less freight charges, offered was owned by German enemy to thin sometimes added the element of and the damages claimed represented the subjecté of Great Britain,

depreciation while the goods are awaiting shipment, and always the award must be such as will reimburse the applicant for actual lose. Thus he is entitled to recover any profts he would have realized from the refused shipment.

·SIXTH CLUB CHAMPIONSHIP RACE --HANDI-

CAR CLAB.-Distance 8 miles. ONE DESIGN CLASS.--Distance 7,7 miles. HEYWARD HAYB AND GAEL CLABS

tance 7.7 miles.

Dis

ŽÍTH · JANUARY. RE-SAIL FOURTH CLUB OHAMPIONSHIP RACE HANDICAP CLASS.--Distance 114 miles. HBTWARD HAYS AND GAEL CLASS.-Dis-

tance 94 miles.

10TH FEBRUARY.

SEVENTH CLUB CHAMPIONSHIP RACK

HANDICAP CLASB.--Distance 14 miles. ONE DEGION CLASS-Distance 9.68 miles.. HEYWARD HAYS AND GAEL CLASS-Dis

"

banco 9.08 miles,

11TH FEBRUARY,

The plaintiff would not agree to the sondition that the cargo should be ap proved by the British Consul and sub sequently brought the action to recover damages from Swayze and Hoyt for their refusal, as common carrier, to transport the goods,

The plaintiff admitted that defendant's agents, Jardine Matheson & Co., were prohibited by the authorities of the Bri- tish Government from accepting and FOURTH CRUISER CHAMPIONSHIP LACE shipping the cargo offered by plaintiff

Distance 22 miles.

by alleged that this was because the said authorities had placed the plaintiff on what was known as the British bisek list or because the said British authori- ties suspected that the cargo was owned by German subjects. Plaintiff further

'. 3RD MARCH,

EIGHTH CLUB CHAMPIONSHIP RADE, HANDICAP CLASS.-10.1 miles. ̈ONE DESIGN CLASS. Distance 6.9 miles.

HEY WARD HAYS AND GAEL CLs.-Dis-admitted that as a part of his business

tanco 6.9 miles,

17TH MARCH

NINTH AND LAST CLUE CHAMPIONSHIP

Race HANDICAP CLABS.--Distance 9 miles.. ONE Lasias Clars.—Dîstanco 9 miles. ESTWARD HAYS AND GAEL CLASS--Dis-

tance 9 miles.

29.5 miles,

18TH MARCH

..to

66.

FAMOUS

'GOLD MEDAL”

CLUBS.

From 84.76 EACH

AND TAYLOR'S

“AUTOGRAPH” CLUBS,

ALL MODELS

83.50 EACIST,

difference between the price offered, and, GOLF BALLS. CAPTIVE GOLF SETS. as they alleged, accepted, and the amount paid for antimony elsewhere.

RUBBER TEES. BALL CLEANERS. ETC.

Defendants alleged that the time was In the case at bar plaintiff was not the extended without their knowledge and and hence could not claim the measure owner of the goods offered for shipment that the alteration in the date was made of damages applicable to transportation by a foks, who was not a partner in the for sale. But we think it clear from the firm. authorities just reviewed that he is entitled to reimbursement for the loss incurred from the refusal of shipment, including profits therefrom.

Judgment was given for defendants.

It is admitted that defendant's freight BRITISH INDUSTRIES FAIRS, 1917. rates on the Yucatan were Q, $15.50 per ton. But it is undisputed that plaintiff had made contracts with his customers by which he was to receive G. $30, pér

BRITISH INDUSTRIES FAID, 1917.

This Fair, which, as in 1915 and 1916,

TENNIS RACKETS.

SLAZENGER'S

** LAMBERT CHAMBERS,”

"DOHERTY,"

“ IZ,”

SPALDING'S "GOLD MEDAL ** TOURNAMENT, VANTAGE.

[18

aa shipping agent he had accepted cargo from Gorman subjects and admitted that ton for what he should ship for them. It is being organised by the Board of Trade, came into his possession from German into when freight rates were high in the cargo mentioned in the petition appears that these contracts were entered will be held in the buildings of the Vic- subjects and that he received his in-Shanghai and that by the time applicatoria and Albert Museum, South Ken- TENNIS BALLS, TENNIS POSTS. NETS, COURT structions as to shipment of the same tion for space was made to defendantsington, London, S.W., from February from German subjects but as to whether there had been a fall of almost one-half-

MARKERS, CENTRE GUIDES, TAPES. the cargo at the time he offered the same a situation so much a part of local his- 26th to March oth, 1917, and will com- ALL THESE GOODS ARE OF BRITISH MANUFACTURE for shipment to the defendant was owned tory that this conrt might almost take prise the following trades, viz:--Toys by German subjects as alleged plaintiff Judicial notice thereof: FIFTH AND LAST CRUISER RACE--Distance belief and therefore left the defendant had not sufficient knowledge to form a

HANDICAPS. The Handicaps for the

provide proof Cruiser Class have been readjusted as

The judge said: follows:-

Defendant having elsewhere admitted that it was acting as a common car rior and its refusal to accept plaintiff's Freight being thus likewise admitted the naked legal question is presented whe ther the justification offered for such such refused is sufficient; for no tosti- mony is produced except that of plaintiff and

somo depositions in support of the petition. The question of liability must therefore be determined largely upon the pleadings.

Miranda

CHINESE 'RIQ.

Scratch.

20 Soc. per Mile. 3:0

Lady Godiva .....140 #

Cenone

Bestengden

+3

Dorothy II.

$0 11

ENGLIBË' EIG.

Scratch.

2 Min, per Mile.

2 1

11

Feathers

Irons

Yeaper Queen Bee

BOXING

F

Corporal Scott was seen in training at the Whitfeld Barracks last night when he had several rounds with his sparring partners most of whom are taking part in the contests on Satur day night" The Champion's exhibition was in every way satisfactory and a good confest is promised in "his event with Stapleton.

BOXING FOR CHARITY,, During the race week, next month, the Hongkong Police Reserve hope to arrange a boxing tournament, the proceeds from which will be given to the Sportsmen's Motor Ambulance Fund. This fund which has been organised by Lord Lonsdale, has as its object the raising of £250,000, from among British sporting men, with which to provide moter ambul ances for presentation to the Allied Armies.

13

fendant or its agen's knew of plaintiff's fancy goods, stationery and printing.

There is nothing to indicate that de-and games, earthenware and china, glass, contracts with his customers. But that BRITISH INDUSTRIES FATE (Glasgow), 1917. was not necessary. Nor was there any This Fair, which is being organised speculative element in plaintiff's profits. by the Corporation of the City of Glas- In some of the cases cited prospective gow under the auspices and with the profits were allowed on estimated sales support of the Board of Trade, will be and probable contracta, But here the held in Glasgow from February 20th to contracts were actrally made and the March 10th, 1917, and will comprise the proceeds susceptible of exact calculation following trades-Textiles, ready-made and it seems to us that the carrier's re clothing, boots and shoes, foodstuffs fusal was an oven more direct and proxi-(prepared and preserved) and domestic mate uso of the loss of these proats chemicals. than in the authorities heretofore cited.

Tickets of admission to either of the But we also think that something must above Fairs can be obtained by mer be charged against those profits. De-chants on their arrival in London by fendant's counsel centends that the trae application to the Director of the Bri the difference between the rate at which 32, Cheapside, London EC., or from Mr. measure of damages here "could only be tish Industries Fair Board of Trade,

other shippers and the rate actually pati Department of Commercial Intelligence, defondant's agents accepted cargo from E. A. Williams, local correspondent, by plaintiff to ship his cargo by other Board of Trade. this rule applied but it seems reasonable steamers. He cites, no caso in which

to require that an applicant who is re fused service by one common carrier The grounds which will justify

should not charge the whole damage op n refusal to perform the duty are few. the latter if another is ready to provide Those usually enumerated in the books service which will prevent, or at least aro the "Act of God," or of the public reduce, the damage. Such a principle, enemy The latter does not include oblains in the law of master and ser mob violeno. Whether it includes avant; it seems equitable and sound and strike is a question on which the courts hare divided.

the

it in an ancient doctrine, coming down to us from the common law, that Common carriers owe to the public all who may employ them, and in the the duty of carrying indifferently for order in which the application is made, and without discrimination as to terms

The doctrine resembles, and probably derives from, that of the Civil Law and, as thera, applies equally to carriers by land or, such as defendant, by water.

க

Under all the authorities morcover the obstacle which will excuse the carrier must be one which he cannot remove with proper care. Not even an "Act of God " will relieve him if his own negligence, contributed effectively to the result, So, although a bona fide lack of shipping facilities will excuse the carrier, it must appear that he has used ordinary care to supply them not only from the locality in question but from others and it is no defence that he has failed to provide them or han depended unsuccessfully upon arother,

i

we see no reason why it should not als be applied here.

Plaintiff testifies in response to his counsel's questions:- "Q. You had this car for shipment at 930

a tou?

A. Yes.

Q. What ultimately became of it, did you

ship it?

Inquiry Room at each of the above Fairs The Board of Trade will provide an for the purpose of furnishing commer- cial information, and Interpreters will be placed at the disposal of foreign visitors free of charge at both Fairs.

The first player who drove off was very It was during & golf game in Scotland,

that his opponent was directly in front bow-legged. The second player, unmindful of him, struck the ball and it whizzed be- tween his opponent's legs.

"Hoot, mon," said the bow-legged one in anger, "that's nae golf !"'

"Aweel," said his opponent complacent

A. No, Arnold Karburg shipped it byly, "if 'tis nae golf 'tis gude croquet."

some people in Kobe. They shipped

the cargo to Kobe and afterwards

shipped it to America and I had the

cargo from the Tientsin firm shipped difference between its rate and that of

to Koba, for transfer to America, but the Japanese company which would bo

I made no pront on it and the services about G. 89 per ton. mero absolutely without remuneration, I lost the business and the profit, besides it took up a lot of time and trouble."

On eross-examanction he states fur.

On the other hand we do not think de- fendant has shown that other shipping facilities were available to plaintiff at the time. After stating that the British firms and their Allies would not do busi-

. Although you would not ship it your-ness with me," he testifies:

self still the German firm could ship "Q. When the Yucatan shut out that

It?

A. Yes, they did it through a Japanese firm and it was not shipped in their

MEN FOR SERVICE. British subjects in Japan have been called upon to furnish the Consuls with such details regarding themselves as

Applying to the case at bar these prin- may be required and undergo a medical ciples (for no precident on all fours examination as to their fitness for ser- with this case has been cited or found). vice in the army. There is no inton-we must inquire whether defendantanised tion to apply any form of compulsion, sufficient care to avoid the situation and ateps will be taken to minimize which led it to refuse plaintiff's cargo, ther:- damage to British commercial interests As we have seen their avernment is that through men leaving for service in their agents were prohibited by their (not, Europe. Britons in Shanghai are an- defendant's) national authorities from ticipating a similar call, says the ND: accepting it. But there is no claim that Daily News, and will receive it as an this prohibition was legally effective earnest of the new Cabinet's intention against defendant or that it could not vigorously to prosecute the war to easily have employed other agents who successful conclusion. Meanwhile the were exempt therefrom. In the language protect made by Sir Henry May, of the opinion given in a Governor of Hongkong, at the last Pennsylvania case "the means of pro- meeting of the Legislative Council,tection against such condition was in de- against anonymous secusations that members of the local armed forces were such is the case the common carrier's fendant's own hands." And wherever taking refuge in the uniform of the Hongkong Volunteers or of the Special liability continues. Police Reserve, being unwilling to do We have seen, too, that the carrier can. their duty to King and country, is of not shift the responsibility to his em interest. Without doubt, the paper adds, ployees, even where they defy his orders the question of maintaining the strength and assume an attitude adverse to him. of British volunteers in the 8.7.0 will There is no averment here that the acts be taken inte consideration in arranging of defendant's agents were such. For for any further contingent from Bhang- aught that appears the agents' policy was, bai,

also the tof the principal,

POPE'S DENUNCIATION OF GERMAN AIRMEN.

Beterring to a letter sent by the Pope to the Queen of Roumania, the news

paper Universal observes that the head of Catholic Christendom, who counts mil lions of Germans and Austrians among his spiritual Enbjects, brands #1 criminals the armen who are bombard- ing the Bruin capital

recent

own name.

Q. You made no effort to ship in your.

A.

sulf?

Well, I did, but they were satisfied

to take it over and did it them- selves,"

Pacific" for this shipment he replied

On being asked the rate across the

"I estimate between $25 and 826 including all things such as lighter. ages commissions. Elsewhere he says:-

cargo you took no efforts to ship by other lines and dropped the matter?

A. No, I beg to differ thors. I tried to make negotiations or arrangements with Anderson, Meye and

steamship people.

other

Q. You restricted your efforts to Ameri

can steamers?

Ev

Yes, I might say that I tried to get Vladivostock steamer, but the

Yucatan was the only vessel I could "take advantage of"

W might almost take judicial notice that the lines mentioned in plaintiff's testimony included all of those then operating and the burden was on defen-

"If I could get cargo away by the Yucatan at $18 why should I go to

dant to show that the Japanese company the Japanese lines for $25 or 828′ a

was not the only one open to plaintiff, It seems clear from this that plaintiff's We must therefore find that he is entitled The briefs contain considerable dis- customer was given a rate by the Japan. to recover as damages for defendant's re- cussion as to how far the agent's know ese company about G. $4.50 per ton le fueal the difference between its rate and ledge may to imputed to the principal, than that fixed in the contract with plain that of the Japanese company which was, It may be conceded that defendant was tiff though the shipment was made in hi we have seen. G. per ton. As it is not presumed to know the British Enemy name at least as forwarding agent admited that three "undred tons were Trailing Acts but it is hard to conceive. He admits in effect that he did not ask, red the whole would amount to G. of knowledge more important for its and hence was not refuses, apare from

$2,700. agents to communicate than their own eid company for this particular cargo, It is accordingly considered and ad- restrictions as to those from, whom they a wiffent positive showing to that judged that plaintiff have and recover were nermitted to accept freight. Clear- ly this is a matter which they should shares ahan the do-ndart more than the geven hundred dollars United States cur font we link it would be inequitable to from defendant the sum of two thousand

tourd at fout of next column.) renev ogether with his costs.

have reported to defendant and, as a

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