1920-03-11 — Page 5

Page

RANDOM

REFLECTIONS. The pablie silence on the subject of the War Memorial scams to call for a low remarks. A year ago the columns of the Daily Press and other local journals bere testimony daily to the general public interest in the subject. No bolter proof of this was afforded than the fact that no fewer than sixty-two proposals were put forward. Now that the sub-committes has made its selection, and "recommended f it to the Executive Committee, there is a dead silence, except in the leader olumns of the papers where the recom- mendation has found half-hearted endorse

zaent."

THE HONGKONG

DAILY PRESS

THEFT OF BRER. "CLEVER RUSE WHICH FAILED.

RECENT SHIPPING AND MARINE INSURANCE

A Chinese truck driver was charged be fore Mr. E. A. Irving, at the Magistracy,[SPECIALLY yesterday, with being concerned with three others, not in enstody, in the theft of five cases of bear valued at $65 from Co. godown at No. 23, Praya

the Honda Co.

East.

A Japaness broker said he was passing the Honda godown at 8.30 am, on the 8th inst., when ho saw four coolies, two of whom he recognised as having been employed by Messrs. Honds & Co., some time ago, engaged in removing several cases of beer from the godown and load- ing them on to a truck. He went to the

-DECISIONS.

CONTRIBUTED TO THE HONGKONG

DAILY FRESS.]

CASE BL

by total loss. Marine Insurance. Partial loss followed

"

THURSDAY, MARCH 11TH 1990,

SPORT.

HOCKEY

HONGKONG H... Tá PUNJABIS. A. vary interesting game of hockey, played yesterday evening of the U.S.B.C. ground, between the Hongkong. Hockey

second half. The Club were without the Club and the 74th Punjabis ended in a The following, which deals with a diff draw each side scoring a goal in the cult question of Marine Insurance Law;rvices of E. L. Sim and J. V. Braga and is a decision of the Court of Appeal re vorsing the judgment of the Trial Judge serica. It further exemplifies the un- in the case dealt with in Caso 15 of this certainty, of litigation, and the advantage of a long purse,

tion to his side. The soldiers were un played a new man, Remington, who, with

and two forwards who are on furlough, a little practice ought to prove an acquisi- fortunate in losing their catirs half line Luck, however, was against them, and but they put up an excellent fight only the exceptionally good goalkeeping throughout, and at the commencement the from getting through. Play was fest soldier Connen, in particulars,

few of Jones prevented many hard abou

but the left wing somehow muddled up tory frequently. Connell, in was responsible for several tricity runs, dexterous dash to the Indians' goal, aided

Some opportunities of scoring After minutes give and take Edmonds, made a by Mackenzie and Piercy. The ball was

possession. to gain Indians among the Indians, but efforts at scoring passed to Brand at the right wing, who

On several occasions the ball was taken returned a fecble pass, which enabled the were frustrated by Martin and Mitchell, but the plucky play of into the rickling at back saved the Railton and god scored, situation. The interval came with no

It will be convenient to shortly re-state O. insured his ship for one your against the foots

by the policy was £4,000. I am inclined to think that the recommanagar of Honda & Co., and asked him

early in the morning. The manager said cular average. The total amount covered During the earrency of the policy the mendation does not come up to general where bo was sending the beer to so marine risks only, but including part

Ae the matter was ex he did not give an order for any beer expectations. pressed to me, the mountain (meaning to be removed from the godown that more ship: inflored three casualties Certain and found the door locked.. Opening the able amount of the damage remained an the sub-committee) has been in labour for 18 They went to the godown together, repairs were done to her, but a consider At the date of effecting the insurance nearly twelve months and has brought door, the manager inspected the stock, repaired when, still during the currency The question which and found that five cases of beer were of the policy, she was torpedoed nad sunk. In and likewise at the time of sinking, the missing. They then ran towards town forth a mouse! must have arisen in the minds of moat in the hope of meeting the truck.

for the loss of the ship by war people who read the long list of proposals Gressos Street, they saw the truck. The ship was under charter to the Admiralty

The risks, the behind, whilst two other men were palling ed to P. value to be ascertained at the pretty combination was next witnessed |

Witness stopped them. published in the Daily Press the other defendant was pushing the truck from Under the charter the Admiralty contract day is: What is it, precisely, that we in front. wish to perpetuate by a War Memorialt two coolies in front ran away, and witnes selves with arresting the defendant only II the general desire is, simply and solely, and the manager had to content shum sunk the Admiralty duly paid O. com. The defendant told them that he had bres ness made him take the truck back to the engaged to convey the beer to town Wit godown, and then called in the Police and hnd him arrested.

for a Mamorial to those who fought and fell in the War, obviously nothing could be more appropriate than a simple and dignified Monument. The Church Body Af St. John's Cathedral, I understand, have already decided to erect such a

The manager of Honda & Co., gave cor- roborative evidence

dair of lon

damage.

The defendant said he was a licensed truck driver and lived in Circular Street I do not He had been in Hongkong some twenty know whether the War Memorial Bub-years, and had never got into trouble beno case shall the underwriters be liable

Monument in the Cathedral compound, with funds already in band.

The second half was, more or less, a repeti- tion of the first, both sides being more than once on the ace of scoring. Jones, the Club several shots being attempted. Towards custodian, at one stage, had a hot time, the closing stages of the game the Indians, some tricky work, managed to get past Jones defence. The Club seemed to re- by a brilliant rush, carried the ball to

and Martin, wero continually feeding the enemy territory and the loft inside, by the ball in Indian territory Mitchell A pretty pass from Mitchell to Evans ended in the latter sending the a short ran returned the ball to Edmonds. forwards. ball across the field, to Brand, who after the opportunity A melce ensued in front of the goal and Mackenzie, seizing

Committed made their "recommendation fore. On the morning of the 8th inst-subsequent total loss during the barvive and, patting on extra efforts kept)

The ship having been torpedoed and pensation for the loss, but insisted on deducting the sum of £1.000, the amount that her value at the time of the loss was of the unrepaired damage, contending

Anxiots not to lose the £1,000, '0. turn- reduced by that amount by reason of the ed his attention to the Insurance Com- The policy incorporated the Institute pany and sued them on the policy. Time Clauses, one of which read:"In for unrepaired damage in addition to a ho was leaving a ten shop, when he met covered by this policy."

O. admitted that if he had been no worse him that as be was a licensed truck off by reason of the unrepaired damage with full knowledge of the intentions of a coolle named Ah Hong. The latter told

Japanese claim, but be argued that he was in fact the Cathedral Body. It may be that they driver, he would give him the inb of rebe would have had no grounds for his Witness reed.worse of because of the Admiralty dedne of the damage to the ship: edant upon the Cathedral memorial taking moving some beer from

Strenuous Another shape it the general community's godown in Wanchai

and two other men. One of them, a man made becaUSE

the net, thus equalising. efforts were made by both sides. for a Memorial takes the form of a cenotaph. Outside the godown, witness met Ah Heartion of £1,000: that the deduction was At any rate, it will be agreed that it dressed in blue, whom he did not know, that the damage was caused by a pen managed to send the ball to the corner of produced a kev. and opener the lock insured against: and that therefore the

So much for the facts.

to the occasion. the godown. They then all went inside Company should pay him

The only provision of the Marine Insur-winning goal, but the defence was equal

on the case is section

OPEN having a and removed the beer which they loaded

Act which comes any where near to on witness's truck.

(9), which states: Where, under the rame polies, a partial loss, which has not

would be well to avoid any duplication.

My own idea of a permanent War Memorial is that it should take the form of & memorial of the grand Imperial or perhaps I should say the elfort, grand Allied effort a sort of Are de

Triomphe conception, not necessarily in

that form, but in some form which, while honouring the memory of those who fell, would yet embrace all who participated in the war and mark the general sense of relief and thanksgiving felt over the triumph of the Allied Cause in the great conflict. If that is to be the idea, then there is room for a wider imagination in the choice of a Memorial than is repre- sented by a simple cenotaph.

Inspector Keat informed the Magistrate that the manager of Honds & Co., lost duplicate key of the godown lock some

time aro.

Mr. Irving aid he was of opinion that He would the defendant did not know that the other Rive the defondant the benefit of the men were stealing the bear. doubt, and discharge him.

bearing

been, repaired or otherwise made good, is followed by a total loss, the assured can only recover in respect of the total loss.

The Trial Judge beld that as, before the total loss, the underwriter was not liable expiration of the policy there had been. to pay for the earlier unrepaired damage. sustained during the currency of the same and it made no difference whether

(postal loss fell on him or was due to

the

an excepted peril against which O was he said, was that the smaller loss merged or was not insured. The true doctrine. in the larger, and the rule was not limited to the ground that there was no continu ing prejudice. If the policy had expired attached, the underwriter was liable for so that the underwriter's liability had the unrepaired damage, although the ship wards and the unrepaired damage be no prejudice to the owner. If the total loss might be totally lost immediately after happened before the underwriter's liability The three Appeal Judges concurred in to pay for the unrepaired damage accrued, the underwriter was zot liable. holding this view to be erroneous. The following is a summary of the Appeal judgments"

SNATCHING CASES. INCIDENT IN CHINESE THEATRE Before Mr. N. L. Smith at the Magis trsey, yesterday, a Chinese was charged with attempting to pick the pocket of another Chinese at the Sun Hei Yia Inspector Brazil said that the complain Once again our attention is being direct Theatre ed to the subject of Chinese slavery in cally for discussion; but we seem to get theatre on Tuesday night. The dor com Hongkong. The subject crops up periodi aut, who was a shoemaker, was in the no forrarder with it. When in a case of sat next to him. Suddenly the com alleged kidnapping a couple of years ago, plainant heard the sound of money fail in the Supreme Court, the Chief Justice ing on the ground. He put his hand in innocently asked: "What is slavery 1 his his pocket, and found that it had been lordship started quite a lot of investiga- ripped open, Twenty of the 78 cante be tion into the subject by new hands who had in, that pocket were missing. The were aghast at the idea of slavery being money was subsequently recovered from permitted in a British Colony. Since then the floor of the theatre. The complain- representations have been made to the sat grabbed the defendant as he attempt Colonial Office on the subject, and it ised to get up from his sent, and pinning quite probable that it will form him down, raised an alarm. A constable the subject of qucations or a discussion in camo up, and took the defendant to the Mr. Smith asked if there was anything the House of Commons when the Colonial Police station.

known about the accused, and Inspector Offer votë next comes before the House.

It has been claimed for the Chings that Brazil said he was sentenced to six weeks they invented, ages ago, printing from hard labour for theft in 1912, and then, tense of three months hard labour was moveable types, gunpowder, the tank. banished to Macao for five years. Ben-lapártial loss which had caused him no

WOMAN VICTIMIZED.

West has invented in comparatively passed. recent times. And now-mirabile dictu- someone has startled the world with the

A Chinese was awarded" six months information that Jazz was popular "in China 6,000 years ago! By the time the hard labour, twelve strokes with the world learns all that there is to be know" cat," and four hours' stocks by Mr. about China its respect for the wisdom of the old prophet who declared that there Smith for snatching a gold ear-pick from

1. The Marine Insurance Act contains.

LEAGUE BASKET BALL

The following are the results of the played at the Y.M.CA Gymnasium games in the open League Basket Ball yesterday:

American Athletic Club 50 v. Queen's College White 7.

0.8.8. Helena 37 v. University "B" 8

BUGBY.

THE CLUB v. THE ARMY.

The following toata has been selected to represent the Club against the Army today at 5.30 prompt: H. G. B., Way; B. Wallace, R. A. Brand; V. B.. Smyth, E. M. Henderson, G. A. Y. Hall, A. M. C. W. Martyr, G. Tinson, N A. Harper, Railton. P. G. Paravicini, J. 8.-McCand, and J. Ralston. CM de Courcy, A H. Cobb, 14. L

CRICKET.

CIVIL SERVICE C.C.. CRAIGENGOWER C.C.

The following will represent this Club no express provision covering the case, on the Civil Barvice ground at 2 p.m.; section 77 (2) being confined to an un- on Saturday:-R. O. Hatchison (capt.), for this provision is clear because, if the E. O. Bird, B. W. Bradbury, E. C repaired partial loss followed by a total G. E. Bayer, E. W. Hamilton, E. B

of the ship fauch value under an open or Edmonds. lose under the same policy. The reason Head, H. E. Strange, W. Grimmett, R. sured were to recover the whole value Witchell, G. E. Piercy, and W. H a valued policy being the sound value of the ship at the commencement of the risk). and in addition he were able to recover

indemnity.

section 91 (2) 2. The Act, however, preserves and maker applicable ure existing rules of the Common Law save in so far sa they are inconsistent

old Common Law authoritica with the express provisions of the Act. 3. The circumstances of this case, aro This being so, it is necessary to look at

over 100 years ago, 1.6 delivered well

It was

is no new thing under the sun " will have the hair of a Chinese woman în: Quced covered by a rule init down in a c330

increased immensely.

Bond on Tuesday, afternoonZONE

HONGKONG C.C.. UNIVERSITY,

The following will represent Hongkong Club ground in Saturday at 215 p.m. :- C... University (league Axture) on the E. J. E. Mitchell (capt), O. Blaker, R. A. Brand, A. Burnie, EW. Day, B. A. Green, P. Jacks, A K. Mackenzie, W. W. Mackensie, P. G. de Parsvicini, end

B. Philp.

BOXING.

[TO THE EDITOR OF THE "HONGKONG DAILY PRESS.''

The complainant said she felt someone Livis v. Janson,-12 East, 648. the defendant running away. She ran deteriorated is afterwards totally lost to There is no need to, attempt, & defini- pull at her hair, and turning round saw there decided that where the property tim of Jazz. Everybody knows it to be after him, and someone stopped the de- the assured, and the previous deteriora the heading of Another Boxing Tourna- the devil's own noise, created by a cfendant. She saw the defendrat throw tion becomes ultimately a matter of permentro Amay meeting either. Dencio

" musical bination of nerve-racking.

Sis-In reply to your article under

instruments; but the savant who tells me down the ear-pick which was picked up feet indifference to his interests, be cannot or Flores, let me state that Amey is will

"BRITISĦER” A TERM OF no claim to indemnity where there is to fight men who are an ounce over the

CONTEMPT.

INCIDENT AT SHANGHAI

SUPREME COURT. "

of its Chinese origin argues, I daro say by a man and returned to her. convincingly, that it is but a nigger imitation of the religious music and ceremonies of China, Even tho name proves it, for Jazz is simply, the nigger pronunciation of Joss, just as he would may bass for boss. The Chinese of Frisco introduced the word Joan (which is in ätself a corruption of the Portuguese word Dins, meaning God), to describe 6 Americans their religions deremonies and musical torture. Joey music, with its noisy cymbals, drums, and flageoleta, made a great appeal to the niggers, who gava rein to their imitative faculties and produced an orchestra, more discordant thin the original. Thus was China's in- vention popularised in this United States and many other parts of the world 15

make it the ground of a claim upon the ing to meet either of them providing they underwriters. The object of a policy is can scale 8st 6lbe, or under. As Amey indemnity to the assured; and Eo can have is only Sat. 3lbs. himself he cannot afford ultimately no damage to him from any regulation Bantam-weight, and, unless pezil insured against The rule in ex his opponent can scale at 6lb, or under confined to a case where the pre-on the evening of the contest, Amey pressly vious deterioration becomes altimately a wishes to say he will on no account enter

the inter

inter the Ring-Believe me, yours truly, matter of perfect indifference to

P. A MERRIN (Gimner, B.N.). esta of the assured, w

H.M.S. Fame, March 10th.

The decision impliedly recognizes the

Daring

an argument at H.B.Mpsibility of cases occurring in which the Supreme Court, Shanghai, on March 3rd, sesared might be able to show that the

cern to him, Buch cases would appear to the assured has proved that the deteriora M Wilkinson mare rise of the expression, previous deterioration was of serious con-

Britisher." Bir Havilland de Saumarez: What is arise where, owing to the previous tion of the ship, as the result of the un damage, the assured: bas & smaller claim repaired partial damage, was a continu- lom This partial Mr. Wilkinson explained that he was for the total loss than he would otherwise ing prejudice to him, notwithstanding tho a Britisher?

covering total loes only covers the value damage arose from aperil insured subiect using the expression as synonymous with have, as, for instance, where his policy subsequent tothi British almond. It was an American er of the ship at the time of the loes, and against, and the Company must therefore pa pression of contemplin the old days, therefore reduces the sound valne by the pay the claim. I hear that at farewell reception I and not prepared to have it used in this previous damage, or where, as in this chee, Is is set pecary to decide whether Court as an expression meaning's British he can recover from his charterer only the the fact that an owner has no remedy at wet and the charterer therefore deducts the insured) would deprive him of his claim uninsured against given in honour of the departing Colorin, subject. This is the origin of the word, value of the ship' st the time of the loss all for a total loes (e.g. is altogether un-

dislike it.VAL End I

added that unrepaired damage from the sound value for previous partial damage, though why Beoretary at the Engineers Institute

Mr. Wilkinson laughingly

fail unless they en estab- total loss from specified causes, the somebody acted on a suggestion I made in this columa n fortnight ago and sang the other day he was asked to subscribe to 6. This being the rale, the Insurance became the assured the pathetic ballad: Will ye no' come the Jatirnal of the American Red Cross Company must f back agin 1" Dr. Bovern responded in im The request had been sent to him as an lish that the previous deterioration underwriter against loss from other

hand, did not insure, tis difficult to perceive. provised verse affirming that he would American, and Mr. Wilkinson had becomes ultimately a matter of perfect causes should be treated as if he had

failed in this, whilst, on the come back it nothing intervened to preplied that he was not an American, but indifference to the assured. They have insured against loeste against which ho

darned Britisher

(ConHaued at foot of next column.) at it.And once more the audience

His Lordship: There, you have the expression

For he a jolly good fellow.

ド

SICKEBANDON

22

G.W

CADBURY'S

CHOCOLATES

KING GEORGE

IMPERIAL

TROPICAL

(Hermetically Sealed) CHOCOLATE

(Bourneville Mixture)

CHOCOLATE JORDAN

ALMONDS

in 14b. tice $1.00 per tin

0.50

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BISCUITS

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CHOCOLATE NEAPOLITANS

in Packets

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AT GREATLY REDUCED PRICES.

CAFE NOIR,

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OVAL WATER, WAFERS.

LANE, CRAWFORD & CO.

Just received from U.S.A., a new shipment of Typewriters- different models.

Inspection cordially invited by→→

UNIVERSAL IMPORT & EXPORT CO.,

HOTEL MANSIONE.

HONGKONG.

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