1918-11-12 — Page 2

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THE FREEDOM OF THE PRESS GOVERNMENT SALARIES IN

COMMENT ON THE RECENT PENANG CONTEMPT CABE

Dealing editorially with the proceed- ings of the case in which Mr. H. Welham and the Directors of the Straits Keho Press Co., Ltd., were called before Mt. Justice. Woodward and Mr. Justice Sproule to show cause why they should not be summoned for contempt of court, as a result of an article on the salaries: paid to members of the Colonial Judi cary, the Straits Timea says:-

THE STRAITS. THE STONE YIELDS A LITTLE

MORE BLOOD."

In view of the recent granting of a war allowance to employds of the Hongkong Government, the following ex. tract from the Straits Times of Oct 30th will be interesting:

י

FO CHOW'S TEA TRADE, MILITARY SERVICE Reviewing the ten trade of Foochow for THE STRAITS GOVERNMENT'S SCALE the current year, Mr. Albert W. Pontius, OF SEPARATION ALLOWANCES, American Consul at Foochon, writes in

In the Straits Government Gazette are Commerce Reports, Washington: Russia continued to handicap Foochow's the Governor-in-Council under the

The war and unsettled conditions in

published the following regulations made

export shipments being experienced. trade in black tea, a further decline in Military Service Ordinance, 1918. with At respect to granting allowances, to the the commencement of the year the stocks wives, children and dependants of men of ws in demand in foreign markets were called out for active service beyond the as follows:-Congou, 45,499 half-chesta; Colony: souchong, 15,394 half-chests; colong, 5.815 1. (1) Where a person called out for half-chests; and pekoe, 924 chests, The active service beyond the Colety under business done up to the end of July has the Military Service Ordinance, 1918, is been almost entirely in old teas. When married, he may apply in writing to the the new season opened in June the stocks Committee appointed by the Governor of old tea hnd declined to souchong 10,000 under these Regulations for a grant of a balt-chests, congou 23,000 half-chests, colong 4,800 half-chests, and pekoe 40% wile for the benefit of herself and monthly subsistence allowance" to his cheats

New tens first appeared early in June. children, if any. The application shall Total stocks of new feas arriving to July be in the Form A in the Schedule bereto. congon, 55,000 half-chests and 5,000 (2) The Committee, after considering 30th are: Souchong 1,300 hall-chests; chests of flowery pelcoe. The valuable the application, may grant monthly sub- chest, and the stocks were absolutely m flowery pekos was priced at Thu 200 persistence allowances

the following movable at the opening of the market. scafe:- business done in new fens was several to the latter part of July the only hundred chests of medium-grade Bowery half-chests of congru for pekoe and 2,000 ruling for congou shipment to South

The prices Th. 10 to Tis

2

"If public educator wished to explain, what is meant by the phrase drawing "blood from a stone' he could We extremely regret the prosecution not have a better illustration than the for contempt of court which has just series of circulars issued by the Govern taken place at Penang. It sens to usment of the Straits Settlements in refer and we speak with the fullest possible ence to the pay of varions classes in its respect for the whole judicial body in service. The latest came out yesterday Malaga-to be a very imprudent exercise almost before the ink was dry. on the of the somewhat arbitrary authority article in which we dealt with the whole vester in the judges. It is right, and question, but lest we be suspected of most necessary that our courts should be claiming to have influenced the Govern armed with the greatest possible powers ment a hasten to explain that the intest for the safeguarding of justice against circular is dated October 25th. What improper interference, and for the has influenced it, no doubt, have been prompt punishment of any insult offered warnings of a very serious kind that to a court, or to an individual judge the pay situation was becoming intoler when acting in his judicial capacity.able. We les the circulas tell its own But we have read, with full knowledge of tale. It is a mitigation, bu: the cost of all the facts, the comment made by Mr. living has gone up a great deal more Welham, of the Straits Echo, and we than even 20 per cent., "and the salarica 29--1bout Tis, 3 less than last year.

brought many of them down below star were meagre even before war conditions vation point. The stone will have to

mering it ceases. yield more blood before tue necu zor nam- bele is the dircular,

.

venture to say that there in in that com- ment no contempt in the sense in which the term is understood and interpreted by the greatest modern administrators of the laws of England. No case before any court was prejudiced, as judge of any or waien several copies were forwarded court was personalty reviled and no court to us anonymously:- was treated with contempt rWelbam-Circulars to 20 or 1917 and No. 7-ot wrote of the Malayan Judiciary as lo are canceled, as 170m" July 1st," whole and made two statements in regard it, and following revised rules, de to It (1) that It is imperative to raise by zis Excenency the Governor with the the salaries of the judges of the Supreme Court who at present receive a mere pit "pproval of the Secretary of State, re tance, with the consequence that it is ting to the payment og temporary war extremely difficult to obtain from outside allowances to uncers in receipt or monthly men of ability for the Bench," and (2)

or annual salaries, are substituted...*.. that To recover for the local Judiciary An allowance of zu pès cent on their that precious independence of which-no Butaries will we paid to valcers of gularies. doubt with the best intentions in the of less than zão per mensem, world Sir John Anderson and Sir 3. An allowance of 13 per cent. on their Arthur Young deprived it, is no doubt salaries, exclusive of qusy ailowance, will for the moment impossible." Is there be paid to ancers on salaries, eluding justification for

ther statements?

qusy allowance, ranging from $300 tử The judges of our Supreme Court dis-2400 per annum; proviued that I no charge duties identical with those laid cuse saall the total emoluments of the upon the judges of the King's Bench divi- omcer, including the temporary allow sich in England. There judges receive

ance, be less than $360 per annum. a salary of £5,000 each. The salary of our Chief Justice is

14. An allowance of 10 per centi con The salary of our senior Puisne Judge is £1,300, raised to £1,500 by duty allowance, and the of ordinary Puisne Judge is 207, raised to £1,400

allow The salaries of County Kars ance Judges in England, whose duties are far less onerous than those of our High Court Judges, are £1,000, and, practically with- out exception, salaries in the East are fixed higher than at home.. Surely in the face of these simple facts it is legiti- mate for any man to hold and to express the view that the Malayan Judiciary is underpaid, and most assuredly it is a fact that it is extremely difficult to obtain from outside men of ability for the

Bench "

Then we turn to the second point

By the executive action of Sir John Anderson and Sir Arthur Young, an impression was created-we have met it many scores of times that a judge who displeases the Government is liable to removal, though he may be ably and

and with full public

Anty allowance to £2,330 raised DY their salaries, exclusive of duty allow

ance, will be paid to omcers' on salaries, including duty allowance, exceeding and less than £500 per annum; provided the in no case shall the total emolu- meats of the oliger, including duty allowance, be less than £400 per annum or more than £600 per annum.

6. An allowance of 10 per cent, will be added to all sums, not exceeding half Crown Agents by any officers to their their salaries, remitted through the dependents, provided that the amount of the family remittance to which the allow ance applies shall in no case exceed £500 per annum.

8. In lieu of the allowances referred to in paragraphs 3, and 4 above, the following allowances will be paid, with effect from October 1st, 1018, on their salaries, including duty allowance, to oficers on salaries of $300 per annum and over, including duty allowance, if any, in accordance with the following

disch the duties of his one scule: N

Officers receiving:-

£1,100.

The market generally had not yet opened About 4,000 half-chests of old- stock souchongs had recently been pur. stocks show very few of the first tea chased for shipment to France. New and the quality all around is inferior to last season.. The bad trade had in black teas indicated that the second crop would be very small, with practically no third crop.

Wife ... Each son

ün

Resident in the Colong or Malay Peniusitía.

$330.00

not exceeding

not over 15

years of age.

exceeding .....

.not

30.00 A

Euch daughter not over

20 years of age. not exceeding

30.00

the event of their being equally divided Provided that the Committee will, 'in

on the question of making a grant or of the amount of the grant, report to the Governor-in-Council, who will decide the question.

Shipments of black tea during the pre- sent year totalled 3,000,000 lbs., about half Shipments to the United States totalled of which was consigned to Chinese ports. 2. If the wife and children of any such 371,000 lbs, all old teas, and the present sula in consequence of such man having man leave the Colony or Malay Fenin- year marked the entry of a local Japanese Been called out for active service, the firm

in this branch of the local trade The trade

Committee shall consider any application" in green tea was about the made for payment of the cost of convey same as last year. Prices ruling ranged ing the wife and chlidren to their final from Tis 10 to Tis 24 per picul, being port of disembarkation, and may grant somewhat lower than the figure of a year

ag All of the green tea is shipped to the cost of a second-class passage to such North China ports after being scented port. The application shall be in the with jasmine and chloranthus Bowers. Form B in the Schedule hereto. No figures were obtainable of the stocks of old green teas.

3. The allowance specified in Regula- The arrivals of new tion I shall be payable from the data green teas to date totalled 50,000 piculs, of departure from the Colony of the man shipped from the port of which amount 5,652 piculs had been

called out for active service, or if the circumstances require it," from such car lier date as the Governor may decide.

THE INFLUENZA SCOURGE OFFICIAL STATEMENT AT SINGA-of

PORE MUNICIPAL MEETING. At a meeting of the Singapore Muni- cipal Commissioners, on October 30th, the chief topic of discussion was the influenza epidemic...

The total sum payable under" Re gulation I shall not exceed three-fourths the average monthly earnings of the man called out during the twelve months immediately prior to the first day of October, 1919.

by his Majesty's Government to the

3. The separation allowances granted dependants of persons enrolled in his Majesty's Forces shall be deemed to be included in the allowances granted under Regulation 1-

ני -

mic in Singapore had been serious and The President said the infuenza epide there were signs of it abating. They (1) Where a man called out for could congratulate themselves that it had active service has, dependanti (other than not been so bad in Singapore as in some

wife or child) in the Colony whom he is of the other towns in the Peninsula, yet legally liable to maintain and towards at the same time it was a regrettable fact whose support he tas regularly contri- that the death rate last week rose to 89.11,buted, he may apply in writing giving which was appreciably higher than at the full particulars to the Committee for a time be came here, when it reached a grant of an allowance to or for the figure a little over 60.

benefit of such dependants. The appli Deaths from pneumonia last week cation shall be in the Form C in the amounted to 107 as against 47 for the Schedule hereto. previous week, which shows a very high increase when they took into consideration

(9) The Committee, after considering that the average normally was 20 deaths the application, may within the limita from influenza. Most of the deaths up specified in this Regulation grant an pear to have

occurred

ages allowance of such amount and subject to between the of 25 and 35.

such conditions and restrictions as they Judging by the figures, the epidemic think equitable seems to have existed in Singapore for (3) The allowance granted shall not three weeks so far as they could exceed the amounts specified in Regula nearly highest number of deaths in one day from tell from the data before them.The tion 1 pneumonia of various kinds was 63 whilst Colony or Malay Peninsula in conse on Thursday it was 38.

1. If any such dependant leaves the

With regard to precautions he sent out quence of such man having been called notices, after consulting the Health Ofi- our for active service the Committes cers to the newspapers drawing the ashall consider any application made for tention of the public to the need for payment of the cast of conveying such notify them, "If taking care regarding the from it, to disembarkation, and may grant the cost the disease, and dependant to his or her final part of.

to undergo medical treatment and keep The application shall be in the Form D isolate, themselves as far as possible, also of a second-class passage to such port. erally gave in such matters. Hele gent in the Echedule hezető du me

their beds advice

which doctors were taking them to take to similar the Governor for each Bettlement in the to the Chinese Chamber of Com 8. A Committee shall be appointed by merce. action as they did in regard to the plague Colony consisting of persons, thres consented to do so and inserted the of whom shall be nominated by the

agree with Mr. Welham that Sir John Anderson and Sir Arthur Young acted

with the best intentions in the world. From $300 up to 15 per cent but We would go farther and say that each £600 per annum Dot less than 8360 conscientiously and courageously per

per annum in all. formed a painful duty, but the fact Over £600 and up to 12 per cent.; but mains that an impression of dependence

not less than £600 upon the favour of the Government was

£800 per annum created, and that this is prejudicial to Over £300 and up to 10 per cent.; but not

per annum in all, the dignity of the Bench For many

less than 2000 per many years, dothering old men have been

£1,000 per annum tolerated as administrators of the law in Over £1,000 and less Amount to increase

annum in all.' England and in India simply because great value was attached to making judi-

than £1,100 per emoluments to cial appointments lifelong, so that the

annum holder would remain independent of 7. The allowances referred to in para- everyone, provided his personal conduct graphs 2 and 8 above will be paid to was above reproach. We claim a right, officers while on leave from the Straits in the name of the public and in the name Settlements Government, on the salary of the free British Press to discuss payable to them while on leave, but in freely the constitution of the judiciary, no caso at a higher percentage than it its pay and its terms of service. We they were on duty in the Colony grant claim a right to argue that the system. of promoting Civil Servants to the

8. The above allowances, will be | judicial bench is far less conducive to ed during the period of the war and for who have given their whole lives to

to the Governor is of opinion that the condi- legal profession. One may say cco tions during the above period continue a Government servant, always a fovezne to justify their being paid. ....... ment servant, and never a wholly inde pendent judge," and though the larg ment and opinion may be capable of the

streets should be increased, so as to lay may be granted under these Regulations, most crushing refutation, it is privileged

and the advocacy of reforms in the dust which was always a source of 9 Allowances under Regulations i and MACARONI, PASTE STARS, EGG NOODLES, VERMICELLI, honest, and is expressed in terms of the article on Contempt of Court in the

and it is not contempt as long as temus wholly respectful to all present danger in diseases like that and he also e will not be made in respect of any members of the Bench. The writer, of instrusted the Health Officer to do all period after such mat has ceased to be that he could to combat the disease. long to his Majesty's Forces or of any Personally be thought that everything period after the termination of the war, renzonable had been done and he thought unless provided that the allowances be with a change of weather things continued for such period as would improve

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judicial eficiency than selection of mer six months thereafter, provided that the in the Chinese newspapers. Unofficial member of the Legislativa

moderation.

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He had also communicated with the Council for the purpose of considering Chiness Protectorate

The President said that he also gave tions and granting auch allowances is

applications made under thene Begul instructions that the watering

of

the

The reason why we take this rantter Encyclopedia Britannias remarks that is that the action of the court at Penang There has been at times a disposition, strikes a blow at the freedom of the by judges of the Colonial Courts to use Press It practically amounts to this the process of the court to punish eritic that no public journalist can advocate is on their acts by counsel or parties judicial reforms without exposing him or even outsiders, which the self to the risk of being summoned to oil has been prone to discourage, Coun

DRIVING U-BOATS OUT TO SEA appear before two or more judges: on Would venture to council Malaysa charge of contempt.That is a preposter Judiciary not to follow the bad example

Mr. Franklin Roosevelt. Assistant Dua position, and if the court before therein referred to The constitution of which Mr. Welham was summoned our law courts in a matter in which the Becretary for the United States Na had, inflicted any penalty we should public is profoundly interested, and very speaking on the progress of the fight have counselled him earnestly to great and very wise lawyers had created against submarines, said, the work, which submit his case, to the Institute of Jouzz Judges in the discharge of their duties ing away the submarines from the consta, modern practice in reference to contempt was being incessantly carried on was driv- alists for revision by the Privy Council have a right to the fullest possible pro The method employed had already given not only in his own interests, but in the interests of his profession and of the tection, but their completed acts are as excellent results, and it was evident that, acts of men in any other department of longer be able to attack transports at a the State service.

We Velkam Baid given spot, that is to say, close to a port. recently that we are,

are all suffering some because they would have been chased off

public Reference was made pen to fair, temperate criticism as the when the enemy' submarines would not

Justice Woodward to the case of

Gray We happen 7 da

parties, in that ease i

bears no compari

from

| nerves,

HONGKUNG POLICE RESERVE.

"ORDERS" ́ÍBSUED BY ME 3. G. JIWIIN. C.EX

PATZŐLMII

Blue uniforma, caps without covers, will

be worn on Patrol" and - Searchi duty until further orders. Mount- od Police will wear cap-oovefa. Men without winter uniform will wear white uniform and capi

WINTER UNIFORM.

And from Friday, November 15th blue uniform will be worn for all Members of No 8 Platoon, No. 9. Co.,

perduties, day and night.

No, 3 Co. AmbulanceBand Buglers and Drummers who have form and/or cap will attend at been passed for new issue of) uni

On and no doubt thing is, thin me the Penang Court: the was Tight) Bu

Let us hope that this conto distance of same bradreds of kilo Welman. It was a case in which the toys, and that our couru will not get more difficult, tinue; instead of in

tempt case is merely an example of metres, their task would become much offender personally insulted a judge and fully recognised his own! misdeed and fussy about the delence of their bouqur sense, lying in wait, they would have to threw himself upon the many of the thean to remember that they will remain "And when that time comes," added Mr. who respect them sincerely counsel seek out their prey on unknown routes court. That is totally different from an the proud position of being shove Roosevelt, we shall be employing other broad general reference to the judiciary, saspicion until the begin to complain means to render the task of the sub-oordin's shop for measurement.

(Continued at foot of nest column) that they are being inspected.

marines still more difficult, Reuter,

November 11th, 1818.