1919-01-08 — Page 3

BREACH OF COMPRADORE'S

AGREEMENT

AN INTERESTING CLAIM.

(R the Supreme Court, yesterday, before the Chief Justice (Sir Wm. Boes Davies, 8.C), the hearing was continued

money due.

THR HONGKONG DAILY PRESS. WEDNESDAY, JANUARY 9TH, 1910.

HONGKONG SANITARY COLONEL ROOSEVELT DEAD,

SUDDEN END OF A GREAT¦

AMERICAN,

BOARD..

THE NEW BERRY SERVICE AND

4SEWERS.

Mr. G.

Anderson, Consul-General for The fortnightly mosting of the Sanitary the United States of America, informed held, yesterday evening us last night that he had received a. cable- were Mr. A. Gibson gram announcing that the death took

WILS

THE LIQUIDATION OF A. mado to a German, and, in the present instance, there were four Germana, As GERMAN FIRM.

regarded the executed contracts they ware finished altogether Mr. Alabaster quoted the recent case of Rodriguez and Spiora (Court of Appeal), and said that the minority of the Courts seemed to hold that Board even British partners could not recover Those presence

All werd, however, agrood (Chairman), Lieut-Gol: Crisp, Mondra place, on Monday morning, at his rosi- of the action in which Mr. John Own that the partnerships, as regards the partF. B. L Bowley, Chan Kai Ming, 8. W denoo, Sagore Hill." Oyster Bay, Teo, Dr. Ozorio, Mrs Hickling (oting Long Island, New York, from indam- Hughes, liquidator of the business and nors, had been entirely dissolved,

His Lordship suid there was a great M.O..). and Mrs. J.' D. Dánky (Becrematory rheumatiam, of Colonel Theodore personal affairs of Albert Wilhelm Arthur

Roosevelt, ex-President of the United The CHAIRMAN mentioned the appoint states of America. Booker (a partner of the firm of Messrs.

ment of Mr. H. E. Strange as a Sanitary Sander, Wieler & Co.) and Messrs. Harry

Colonel Theodore Roosevelt, the Repub- Inspector. He said that the new Inspelican lendet, was born in New York on Wicking & Co. (the liquidators of the business of the firm of Messrs Sander,

tor would work under Inspector Lamble October 27th, 1858, his father being of a Wieler & Co.), claimed from Chin Wah,

in the Eastern district, which would now New York (Knickerbocker) and his mother have three inspectors. cutopradure of the firm. 866,000 for damages, losses and expenses incurred by bronch of a compradore's agreeinen!.

The Hon. Mr. B. H. Sharp. K.C OB.E.. and the Hon. Mr. H. E. Pollock,

difference between the right of an alien to sue in Courts and the right of an alien

to be sued.

Continuing, Mr. Alabaster said that in the case of Rodriguez and Spiers all the judges had agreed that the partnership was dissolved by the outbreak of war, that an alien enemy could not sus, and that there was a rule to that effect. The majority held, also, that the rule was hot; an inflexible one and could not be applied where there were British and friendly partners, whose interest would be defeated if it were applied. In

KC (instructed by Mr. H. J. Godge) } there were no British or present case

appeared for plaintiffs; and Mr C. G. Alabaster, ().B. R., and Mr Eldon Potter (instructed by Mr. C. D. Wilkinson) appeared for the defendants.

partners,

no British or friendly creditors, and no British or friendly interest. The war pat an end to the contract because Mr. Booker and his partners were Germans, and no lisense was ever given to them, or to any Mr. Sharp closed the case for the plain-of them, to sue in respect of old contracts

tiffs in the last week in Dovember.

Mr. Alabaster then announced that it was not his intention to call any witnesses.

Mr. Polter then proceeded to open the CAs for the defence. He dealt with the facts and the legal defences raised by the pleadings, which were uuconnected with the outbreak of war. He pointed out

that the plaintiffe had adduced no evi-

the firm, nor were they given any lieuse which could have the effect of reviving contracts which the law had already declared to be dead-that was to Bay, Oxecuted contracts. The person suing in the present case was the legal representative of Bander, Wieler & Co., not of any individual member of the firm, At the outbreak of war the license issued was in no sense license to trade. I

ᎳᏓᏋ .

tary).

LANE,

CRAWFORD

AND COMPANY.

SOLE AGENTS FÓR THE OELEBRATED

LINCOLN

FELT

&

BENNETT HATS

STOCKED IN ALL THE

LATEST STYLES

AND COLOURS

$7.50 and $8.50 each.

Dr. Ozonio, pursuant to notice, asked-f a Georgian (Scottish) family. After being educated at Harvard, where hot () In view of the new ferry service

between Hongkong and Yaumati will came into noto because of his strong views,

Roosevelt was elected, in 1882, a member VELOUR TRE VICTORY PILE HATS the Government remove the existing sewer under the wharf in Jubilee Street?

The CHAIRMAN replied: There is no sewer outfall under the pier past Jubilee Street. There is a storm-water culvert discharging there, which it is not pro-

of the New York Legislature. He became leader of the Minority in 1883, and leader|

He held the of the House in 1884. appointment of U.8. Civil Service Com- iioner from 1889 to 1895, and was President of the New York Police Board for the next two years. He then organis- ed the First U.8. Cavalry Volunteeri (ra) Will the Government also remove (Roosevelt's Rough Biders) and com

He the two refuse depots in the immanded it in Cuba in 1898.

elected Governor of New York State in mediata vicinity of this wharfi

posed to remove:-

Dr. Ozonjo then asked:

was

$8.50 to $15.00 each.

OAKMORE BOOTS

FOR MEN

The CHAIRMAN: One of the refuse depots 1899, and held the past till 1900. Further The "OAKMORE" Brand stands in the Front Rank of Northampton was issued to Mr. Becker, personally, and will be removed shortly. There is no pre-honour came to him in March, 1901, when Productions and Amply Outbears the Fame of the World's Boot Centre

he was appointed Vice-President of the Made on such common-sense lines they fit your feet perfectly at every a sort of a ticket-of-leave given to a pri-sent intention of removing the other. the time he received that licence was that ono used by the P.W.D. would not benput one till the following September, for he walking, sonor, and Mr. Becker's position from Dr. Ozoxio stated that to remove the United States. This office he held only point. They do not draw the feet or make them ache with continuous only had a right to enter inte new con- the people. The one used by the Sanitary became President in that year and held tracts for his own sustenance. was in the same position as any other

Mr. Bocker Department should be removed. prisoner-of-war, he was only let out on iral with restrictions.

dence as to--and so had failed to prove of a prisoner-of-war. He might have facts which were absolutely essential to their case such as that the consent of the late compradore to the contracts for gale of goods in respect of which the action was brought had been given, that delivery of the goods had been tendered to the buyers, who had made default, etc. Mr. Potter also developed the argument that the surety having retired from his surety ship some months before the outbreak of war there was no existing liability on the date of the appointment of the liquidators which would entitle them to suc, especially as no demand had been made prior to their appointment.

Mr. Alabaster dealt with other points, mainly those resulting from the outbreak of war, for the defence. Amongst om things, he contended that while it was always an offence at common law to have dealings with an enemy subject, the Trad. ing with the Enemy Ordinanen, passed in October, 1914, expressly made it so, and did not contain the proviso, contained. in the Home Act, exempting transactions. permitted by Proclamation, such as deal ings with the branch of an align enemy Grm, doubtless for the reason that no Proclamation to that effect was in force

in Hongkong. Counsel further argued that the contract by the alien enemy arm with the defendant suroty, being un exeentory contract, in respect of which ne action could have been brought prior to the outbreak of war, was dissolved by that outbreak of war,

The CHAIRMAN: The P.W.D. depot is west-ward of the wharf, the Sanitsey: Board depot is to the east.

Dr. Ozonio: There are eastern side.

to office till 3908, when be was succoedad

Mr. William H. Taft.

When he was relieved of State respon- sibilitics, Colonel Roosevelt went on a two on the memorable big-game shooting expedition in British East Africa. A few years ago; The CHAIRMAN: I could go and see it also, he created some stir by his geographi- cal discoveries in Brazil. He has always

His Lordship: As far as I understood Mr. Sharp's argument, these men were out on parle as other foreigners, and allowed to carry on their business.

Mr. Alabaster: This document was relied upon by the other side, and the fact that the unan was refused permission to again. go was relied upon, and the fact that be was permitted to remain in the Colony

Dr. OzZORIO: I am not bringing this maintained bis interest in American poli was relied upon by the other side, and question on behalf of the owners of thetics, and, soon after Great Britain enter- they aid that as long as he was allowed taunch, but on behalf of the public, and,ed the war, be made a great stir in the to reside here he was placed in the posi- tion of a friendly alien, I combat that, boing one of the public travelling to States by his spirited utterances to the and any that he was a prisoner-of-war, Yeumati often, it is a big nuisance having effect that America should range here:if just ne much as the men who were taken this depot next to the wharf. to Btonecutter's and put within a barbed

When the on the side of the Allies. For nearly three wire fencing. I say, secondly, that that wind is blowing the squall is intolerable.years Roosevelt spoke loud and long on permission was personal to himself, and The rubbish put into that place in very that if any rights were given at all they infectious, and the air passing through this theme, and it is considered that his were given to Mr. Becker and not to is heavily laden with gorms. From a persistence on the subject had not a little Bar, Wieler & Co. Thirdly, that if it sanitary point of view it must be removed to do with America's plunge after such did put him in the position of a friendly think the Medical Officer of Health disolation. When America enter- alien it enabled him to make new contracts, bear my out on the point. but no caso has ever beba aited which goes to show that the licence oap vive con- tracts which were already determined st the outbreak of war.

tion

The CHAIRMAN replied that the question could hardly be settled at that meeting

We Stock them in Black and Brown in all sizes. $13.50 to $18.00 per pair.

LANE, CRAWFORD & CO.

Ղ.

VICTORIA THEATRE.

TO-NIGHT

January Bih, at 9.15 p.m

Midtnge at 5-10 p.m.

ed the war he offered to lead an a THE OFFICIAL BOY SCOUT

If the Board wished for further inform to Europe himmelf. Though this was not tion he would prepare a report and have-permitted, he sent one of his sons, who His Lordship: The Royal Proclama.it ready for the next meeting.

can revive such contracts.

1 This was agreed to by the membera. Mr. Alabnater: There is no such Proclamation.

There is no Royal Pro-1 clamation which purports to revive tracts determined by the outbreak of

war.

His Lordship: Becker was subsequent-

interned?

Mr. Alabaster: Yes, and he was sent. to Shanghai,

Colony

+

VICTORIA HOME AND ORPHANAGE,

-।- ।

was killed at the front. Col. Roosevelt was seriously considered as a candidate, for the nexs Fresidential election. By his death, America loses one of hor greatest citizens, and Great Britain and the Allies a trua friend.

la discussing the probable candidates for the next Presidential election, Mr. P. W. Wilson wrote, recently, from New York

Held to the Daily News:-

ed for.

boy

'He

ANNUAL PRIZE DISTRIBUTION

The annual prize distribution in con- Mr. Sharp He went to Shanghai, Mr. Alabaster: He was forced to go. Dection with the Victoria Home and He was

Wea not permitted to leave the Orphanage, Kowloon City, Colony till that date. It may bave been yesterday.

"This leaves "T.R." still to be answer- The Bishop of Victoria pre- that some of the Turks hers were re-sided, and those present included Mrs. "I knew Theodore Roosevelt aa a garded as alien friende and not troubled Me. Sharp then applied for leave to purate,

much, but Mr. Becker was put under Garner, Mrs. Kemp, Mrs. Beattie and so Dr. Elliot, of Harvard, is

and given restricted limits, many others.

quoted desaying-" and he is still ä- recall one witness and to call others to Could one possibly say that he was put Archdeacon Barnett read the..antiual boy." Mr. Roosevelt's own diagnosis is prove certain facts, stating that he had citizen occupied at the outbreak of war? outbreak of spotted fever last summer

into the same position as an American report, which stated that throughout the You follows are as clover as I am, but omitted to do this in the first instance se He was not treated as a friendly neutral no child in the Home was affected; and let nothing pass me." During bia he was ander the impression that these in any way.

though later more than fifty were ill with operation he was reported dead one more facts were admitted by the other side.. His Lordship: Thero was nothing the new fever," all soon recovered, and ing, and one realised how deeply he is effective in the undertaking. It was there had been no need for special anxiety. Mr. Petter strongly opposed the applica-simply an undertaking not to do any They were very grateful to Dr. Smalley beloved. With an audience he enjoys him. tion, pointing out that he had ophuls thing prejudicial to the interests of the for giving medical help, medicine and self, and the pleasure is mutual. declined to make any admissions whatever Army and Navy, and if he did anything advice. The ordinary school routine had speaks quite slowly, wasting no words. other than the arithmetical correctness of contrary he would be turned out of the gone on smoothly, thanks to the loyal help and his gestures are low and infrequent, of their native teachers, and the Inspo but, when they do happen, they fall for- certain' accounts put in.

Mr. Alabaster; No; it says: "We

tore report was being looked forward to cibly on the furniture. His style is of the The Chief Justice said he would allow will put you in Stonecutter's within had been received in the Home during the and periphrastic, like the eloquent orators with confidence. Twenty-one new children oast plain, blunt, concise, not peripatetic the evidence which Mr. Bharp desired to barbed wire fencing" It is common year, several of them non-Christian with from the west, who need a large platform, call to be taken de bevir esse by the knowledge that they were sent to Stone relatives who desired them to be taught some would even say an automobile, for cutters and afterwards to Hunghom, the Christian teaching, and who seemed to their perorations, Mr. Roosevelt never Registrar on the understanding that it where they remained until they wore expect much from its influence. Thirty talks without paying tributes to England; was left opau to, the defendant's Counsel taken to Australia. That is to say, the girle had joined the school branch of the and I have heard many a roof, ring with to object to such evidence being placed prisoners-of-war camp was opened at the YW.C.A which holds regular meetings cheers for yourselves. He is out frankly

outbreak of war. Those who were not

managed by the girls themselves. Thanks for nomination. At the moment the Re- resident in the Colony, but had arrived wore tendered to several kind friends who publicans have no one else seriously in by ships, were interned. Other people wall which had fallen through heavy Another in his previous splitting of the

had made it possible to rebuild the garden view His bealth will be one faster.

Me Sharp said both sides had arrived at

who gave an undertaking not to do any rains; also to annual subscribers and party, which some of the orthodox have thing prejudicial to British interests an agreement, as neither bad received

were not put into camp, but they had any new friends who have helped to not yet forgiven. Then there is the third of copies of the admissibility of certain evi to report to a Bergeant Major.

make up the loss in exchange on subserip-term difficulty. His first term was hug bood

an dence, as regarde the instructions given where about the beginning of November, from home; to Messrs. Loxley & Co. course, incomplete, and there has

for cargo cases of print and flannel, and interval. for, recuperation since he last by Government to the liquidators. He 1914, those of military age were sent into to the Ministering Children's League for ran the country.

Most

serious of all con- was of opinion that argument on that the camp, and those who were old and their generous contribution... The kind siderations in his belief in universal mili- point should be left over till they obtain sick were sent out of the Colony, Mr. friend who provided the Christmas gifts (tary service, which many people want as ed copies

Becker was

either old or sink, and the last your had again remembered the a means of emphasising American citizen. Mr. Alabaster had no objection. Con- Sergeant Major saw

him out of the children and his generosity gave unlimit:ship among the sections who still speak ony. These people were thor the compradore agreement, in mort- to

at I

incidentally desire to receive as big wagen gago, was between the compradore and the.

Mrs. Gurner kindly presented the prizes as the Bolangviki. surety, on one hand, and the firm on the may use the term, contemplated in Hail's

and afterwards complimented the girls. be had presented prizes on many coca- sions, in England, but did not romeinter

before bir.

When the case was resumed, yesterday,

Sómo

t

tinuing his previous argument as to whe-Colony lik" friendly enot allowed od joy on Christmas eve and provided the English as she is apoke at Berlin, Jond

gone.

horean friendly neutrals,

prizes to-day.

whom

other, Counsel oxplained that the war had International Law. Your Lordship will destroyed the firin, not because the mom- remember that there was a Turkish bers were. Germans but because one of the General in the camp, who, generally having soon a brighter or happier lot of

UNIVERSAL WEEK OF PRAYER members was resident in British territory speaking, in common with Armenian and girls than those present. She hoped the t and tin others in German territory, and others, was not treated in the same way in uftor days they would all remobert Frangsiltak Alliance are being Mestings on the basis of the programino therefore, cotumercial intercourse became as the Germans. I say that no Germans the loving care which had been bestowed held this week in the Helenn May In- impossible and the firm was ipso facto wore treated by the military authorition upon them in that

Home; above all, they would remember that God, o jstitute, and members of all churches in Ilia Lordship: Not because the firm is His Lordship: I take it that the object they had boon taught to know bore, would the Colony are carnestly invited to observe a German firm, but because one partner of getting him to sign this agreement ho always hear them to help and guide, this specina songph of united pravoid bre is in English territory and the other in

was to enabln bim to carry on his busi Archdeacon Barneta moved a volg of

On Monday the Bishop of Victoris, pre- German territory!

Mr. Alabaator: Yes, and therefore com-

thanks to Mrs. Gurner, and exproved the sided at the meeting, the subject being Mr. Alabaster: No, the object was in thanks of the Church Missionary Society day the subject was The Church Uni- Thanksgiving and Contorsion." Yester mercial intercourse and agencies, which aro the basis of partnership, become im. Stablo him to extend his liberty; to give to all who had made the long, jourgby to versulitika a of the programme ikink] possible between them. Consequently, the him more liberty than would otherwise show, by their presence, their infort whole firm became dissolved at the out-have boon allowed. There was no refer and sympathy in the work of the Homs, follow break of war, gave your Lordship once to business. The same license was Lady May had hitherto boon generally:

overal nuthorition,

given to male and "femala German sub-present at their prize distributions, and Continuing, Mr. Alalmater said that, in Jools.

now that she was away, it boonde A wo far na the partners were English they The afternoon was spont by Mr. mattor of anxiety who should Videoedi would be allowed to collect their share of Alninnter in citing various authorities, her. He thought that in. Mrs. Obrner the nagels after dissolution and during the and sie bearing was adjourned until to- they had found a worthy substitute. war, but no such concession' could be'day.

Rose 7

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