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POLAND'S WAR," ATTITUDE OF BRITISH "GOVERNMENT.

i

THE STORAGE or goons, IMFORT CARGO

AN INTERESTING POINT IN BANKRUPTCY:

at the date of his death.

Nant

Lif

a

done so they would have had the respou-

The course of business of the bunka ig sibility, and they could not have curried,

finding import cargo is described by Ms. it out. There is more than that.

Geary Gardner as follows: the shipper thoroughly appreciate the sincerity of my Mr Bönar Las made an important noblò-friend in this matter. His enthu

draws on the merchant in Hankor statement in the House of Comwas on lau's very great. But great and vital

for the price of the gronds May 20th on the attitude of the British questions of this kind are not brought to

At HM. Supreme Court, Shanghai, on

by him: the drafts and bille fiovernment towards Poland and Busia, fruition only by enthusiasm. There must

the 2nd inst. His Hongur Judgs Skinner Inding are forwarded the bank at and the League of Nations. In reply to be wisdom as well, (Hear, hair.) Speak kong and Shanghai Banking Corporation not meet the drafts hu obtains a lon

gave judgment on a motion by the Hong-

Hankow; if the importes ja Haskow Hir Donald Macieux.who criticised Poland's policy towards asia as "Friend sai he liked his peroracions, but ing of the Prime Minister, my noble

and the Banque de l'Indo Chine, who the bank down the exvention of letters from the bank to release the goods. This attempt to reconquer entry contain would subunit to the loss of them if the cortain goods, or the proceeds the sale to hold the goods as the agons of the bank.

claimed to be secured creditors as regards ing 3 per cent. of Poles and 98 per cent, Minister would take effective action thereof, stored in the godown of Arthur The goods are then stored in the import of lien, in which the importer undertake of Russian," Mr. Boger Law anid:--In Well, I have served under more than one Reeves Bartenshaw, deceased, at Hankow, er's godowns under his complete contral, January of this year the Foreign Prime Minister whom I never expected tai Minister for Poland had 用 intererve under (laughter) but I do feel view with Mr. Lloyd George and bound to say the Prime Minister is

Mr. A. C. Holborrow and Mr. Langley tions of them. The importer. has the sale though the bank makes periodical inspóg the situation we thought to be strongly of the belief, and so am I, that Sinith appeared on behalf of the banks, and disposal of the goods. The gooch, the important that the views expressed by the however difficult it is, the only real hope Mr. K. E.. Newman represented the frus subject of the claims, are kept in Prime Minister re formally commual of getting rid of this system of possible to, and Mr. 8. H. McKenn an cured locked and separate gedown in no way cated to the Cabinet and were approved by terrible war is that the League of Nations creditor. us. In that interview the Prime Minister should be effective. In my belief, if the

connected with any retail business of the His Lordship said: This is a motion in importer. stated that Poland-must take the full ra ponsibility of aciding between peace and Leng, and in a far mor; effectual way ein! Court at Hankow by order to this the bankrapt's trade and business. On the timo comes advantage will be taken of the bankruptcy, transferred from the Provin-!

It is clear that such goods are goods in war, but the British Government certainly, than any number of speeches or letters court for argument and decision. It arise her hand they were (to use words of also made it clent that the British Govern noble friend says there were splendid op shaw dread, which is being wound up Co., 1905. K.B. on p.. 390.) the goods written about would suggest. My in the matter of the estate of one Burton-Bigher. J. in in re Hamilton Young & ment did not wish to give Poland the porturities of bringing in the League of as a backrupt estate. The claimants are of the bank to the sense that they had a slightest encouragement to pursue a policy: Nations, but curiously enough for the Hongkong and Shanghai Bank and charge using them, It is further clear of war, because if we gave advien it would "Pech he said, "I do not know that you the Banque de incur responsibilities which we could not they never ceased to be at war. I am sure fore, there are two motions; this judge rupt in his trade and bun of the bunk

can do it now they are at w But

Indo Chizo, all, there that the bank consented to the gods being discharge. But the Prime Minister went my noble friend is perfectly sincere, and

in the orchur and disposition a sincere artemps to an equitable pence, cannot imagine anything which would and he asks for a declaration that the hunt? Did the bank consent to a stain

the League of Nations hence, that I read on the trust in the bankruptes, the bust pt became the reputed owner and the Bolsheviks reussi, or having made make it future mice went forth that claimants are to he ranked as secured cace of ownership by the bankrupt and pence proeectfod to pediate it, Gut its infinence was to be thrown in at a creditors in pect of certain guody found in considering that the real ration of of things necessarily leading to the infer Britain, tele. bound six-l'ard-to-the-partientar time to help the Bolsheviks and in the bankrape's gedowns. The practiction (in re William Watson & Co to best of her power. But that is out all not to damage them (Cheers.)

the parties must be taken into considera- The Allied Supreme Council made publicly

It is said that the Government, by keep followed is this matter seems to be this K.B.751.) The parties here wer about the same tiine their views, which in Supreme Council in being, wishes same as that adopted in the matter of ous fact principals and agents, but n were to the effect that if the communities is absolute nonsense.

to minimise the League of Nations. That Bavier, heard and decided in this court in circumstances from. which customers guar by tire agent must not takes pine, under which border on the frontiers of Soviet to face with the carrying out of a treaty. 191. The trustee. having doubts on the rally will be entitled to presne that the Russia, and whose independence of de One of the securities for carrying out the claims made by tin bank, declined to admit gods must be, not tiny or may not be, th fact Governments they have recognised, treaty was the occupation of enemy ter-

property of the bankrupt. (Per

did not advise war, The Prime Minister

further, and said that if the Poles and I would say to him, and to anyone who has ment covers them both. The motion was, they do so under such circumstances that

doubtful than if the idea

Here we are 'face

+

were to approach them and ask for advice ritory. We have not even completed the ore their proof and left them to Williams L. J.). I have no dangan as to what netion they should take with Turkish Treaty. The time may corne, and move the Court for a declaration of their apart from the custom or usage leged regard to Soviet Russia, ille Allied Gov- no one would be more grateful than his rights. I think this is an inconvenient the goods are within the reputed wace- ernments would reply that they could not Majesty's Government, when this disagree-

accept the responsibility of advising them able work will be left to the League of practice; and its inconvenience and pos- to continue a war waith wight be injur Nations. At present that is utterly im sible injustice was shown in the course of as to their own interests: sült fese would possible, and I do not suppose that anyone the proceedings betere me: they advise them to adopt a policy of ag would say that the meetings of the Allied int argument, one unsecured creditor au gression. What more could this Govern Council should stop and the whole thing

ment or

gular enstone of trade in Hanhow is that ship classe. But it is said that the re goods in merchants' godowns are know butted by the notoriety that goods of thr For on the bo often pledged to the banks. Now the reputation of ownership may be re- particular description are of the usage of enough to establish unge in one market trade in the possession of persons who are

In re Gonty Jonas & Co., 1888 1.Q.B.787. and the remark of Brott M.R.. QB.D. on p. 101. int part Reynolds, in re Barnett 15.

a. in

Shanghai and Tientsin well Hankow (ser my judgment in the Brat Here we know the bankrupt traded in Dion in this matter): but I have evid There the goods as described are many of ence on these motions only as to Hankow. which are ordinarily sold retail; and they consist in the godown of goods partly bulk

What more could they have done? (Hear, Much as wy noble friend is interested in application was resisted by the present not the owners of them but it is not

the Allied Governments dal be handed over to the Lengue of Nations play to be heard on the maker, and his hear) We orcined to give a promise of this subject there are others who take a claimants. I think the trustee, if he had to give advice, but we made it plain that keen an interess and take a different view. this country is sick of was that the one They think that if you try to get the doubts, ought to have rejected the claim only thing we desired was peace.

While I any that, I think it is a little ment of this work neutrals will not come decision on that" appeal, he would League of Nations mixed up in the settle, and left, the Bank to appeal against his unfair to overlook the position of Poland into it; and you would damn it as an in the matter. (Hear, heur.) We night effective "instrument. (Cheers.) What have doubtless taken the view of the have come to the conclusion that it would the good of saying to l'eland, "We want uncured creditors who were vitally in be wiser not to make tais kind of advances to submit your dispute to the League of terested in the matter." If he had no but it is nas enough to hold a view. All Nations, if you cannot rely upon what this kind of consideration leaves out of you try to do being effective with the doubts, he should have admitted the claim, account the one vital fact In dealing Soviet Government? Can you rely? We which would still buve left the unsecured with Eastern Europe, in dealing with one tried in the interests of the whole world of these coantrim, it is no use giving to get Russia opened up again. Three creditors or some of them the right tu them (t.g. safe», and elbetric fans articles advice and expressing opinions unless you months ago the League of Nations sont a appeal. are prepared to be them up. (Cheers.) message to the Soviet Government asking -It really means that" we must take the thezi if they would allow a deputation to that there was no power on this motion shelves and some in bins.. The bankrupt As it is, tur. position put to us was imported and partly gonds stored on responsibility of sending men to carry go into Russia

report on the conditions for the court to hear the unsecured creditors was apart from the lies to the bank the them out. Is there any man in this House Chere.

After a delay of nearly three at all: though it is clear that, after the owner he had absolute and entire control ¡ment or the British people could be a reply which the Council of the League of ed." The case of Exparte Kearsley in re was only an agent selling on commission duced to throw their armed weight into Nations described as laying down con- Genesy (17.Q.B.D.1) shows that a dissent (see In re Bavier in 1909). In my opinion this scale? That the position. I have ditions which were practically equivalent ien: minority of unsecured creditors has the evidenes before me of the custom of there no suggestion that he heard an account of these difficult negotia to a "refusal. Much as the League of the power to bring their views bore the range of trade in Haakow is entirely in

tions given by my noble friend. It is Nations is admired by Lord R. Cecil. it Court, though the trustee may have acted ficient to take the goods out of t no part of my duty to defend the Polish has a friends in Lenia and Trotsky in accordance with the direction given reputed ownership clause. I observe that Government or to attack the Soviet Gov. (Laughter.) There is nothing we would him by the majority. In this case, there according to the facts as stated in the grnment. I may only justify as far as I ke better than to put an end to this is no suggestion that there is a Committee above mentioned case of Hamilton Young can the artion of the British Government. fighting, but is there any sense in suggest of Inspection or that the trustee has call & Co., the goods which reached India as But there is another side. It is a farting that it is a parctical proposal that ed a netting of creditors on this matter import cargo were stored in a godown that after the defeat of Givneral Denikia the League of Nations should intervene for instruction. Under all the circum- rented by the Back on which the Bank's the Bolshevist army on the Polish frontier when the fras offer made by the League stance of te case, I decided to hear the name appeared and the keys whereof were was increased by more than 60 per cent. of Nations to the Soviet Government that unsecured creditor: he has filed no evid the Bank's property and in their posse

Lord E. Cecil: When was that! Mr. Bonar Law: In April, as compar. refused? (Cheers.)

they should receive a deputation has been enco bere ine, though it is clear he could sten. ed with the end of the year. Their num bers had increased to that extent. It may

have done out I do not think he has shown me any suficient ground for grant Banks: and they must pay the costs of the ba said they only sent this contribution

I, therefore, refuse the motion of the ing any further adjuriament in the matter. Trustes. As to the unsecured creditor whe It seems the Banks concerned hold appeared here, I think that he is outitied

because they were afraid of an attack. On / LINER SEIZED BY PIRATES. lotters of lien" from the bankrupt in to receive them out of the estate and so

PASSENGERS ROBBED AND PUT

ASHORE.

Sir Percival Phillips writes to the Daily Express from Constantinople under date May 9th:-One of the most daring raids

the other hand 'the Poles saw every indi- cation that unless they showed their strength the Bolsheviks would overrun them. (Hear, bear.) I am not going to Bay whether they are right or wrong. But I do say that I can imagine nothing that would be more discreditable to this Gav- ernment or to the Supreme Council then to say to Poland, You are not, if you pirates since the days of the Spanish think it necessary for your safety, to Main was perpetrated off Batoum Inst attack the Bolsheviks and then to find week, when armed Bosheviks seized the that the Poles were right and that the French liner Souirah after she had left the Bolsheviks overran Poland. What would our position bet

An Hon. Member: And that of the League of Nations?

port.

DECONTROLLED PASSAGES. ARRANGEMENT TO "ACCOMMODATE

rospecs of certain goods; these documents order. are in somewhat different form. The Hongkong Bank's is dated November 30th, 1919. 1912. The French Bank's December 5th, 20th, 1919, and an administration order in bankruptcy was made on January 19th, The bankrupt died on December

bankrupt's godown and he kept the keys: though the banks (at all events one of them) babad) dated London June 14th, states that 1020. The goods concerned were in the

OFFICIALS AND BUSINESSMEN. made periodical inspections. The docu. Passages are to be decontrolled frod A special cable to the Pioneer (Alla- menta are not registered as bills of sale August 31st and from that date Govers- under our Order in Council, 1904. It is met will apparently divest itself of its The story was told by three of the victims sale, and, therefore, do not require regis to sell them to whom they please. This urged that the documents are not bills of who arrived here to-day in the American tration: further that the goods are not will not mean, however, that Anglo-Indiang

legal right to cannot have it both ways. We have got to Colonel Haskeli, director of the Caucasus bankruptcy as a custom of the trade in globe trotting millionaires

Mr. Benar Law: It is obrious that we letra Gel, director as the within the order and dispetton and in will have to compete unassisted against shipping, companies will be ages and in a position

they think best, or take the responsibility/son; Mra. Dales, wife of a Colonel; and« import cargo.prevents the operation of made an agreement with the P. &.O. Com of supporting them by arms. (Choorn.) Mr. Booth, wife of

from America a major: The pirates, numbering about fifteen, Now I come to the position of the whether as passengers or crew is not clear, provision of our Order in Council myself, Government officials required to India

also embarked on the Soural at Batoum,

I raised the question of the bills of sale the coming cold weather will be issued to pany under which firstly, passagen, during League of Nations. I awure hon. membars but at nine in the evening, they appeared batch is the matter had to some extent nearly as possible in accordance with the that when they talk of our military suddenly in various parts of the ship, from beca, before this Court in a case from dates on which they are due to resume their sprit they are really absolutely in ignor the bridge to the lower decks, ring to that a similar document was a bill of sale to globo trotters until all those having a anco of the facts. On the contrary, we rolvers. They seed the wireless, ordered

Tientsin, where the Provincial Court held duties. Secondly, no passages will be sold have felt not only that the financial strain the passengers to their cabins, and began and, therefore, requited registration for right to go to India have been accom on this country was so great that we had a systematic search of every one, ransacke validity and no appeal was made from modated. This will include not only basi undoubtedly to cut down the military re-ing sources of the country to a point, which is They appeared

the luggage quickly and thoroughly the lion on However, on a careful, con Inc, but wives whose husbands are In hardly justified in view of the difficulties the ship.htm 199

10 absolute

luta control of sideration of the cases quated to me, and Inuis, It is hoped similar agreements will

specially of In re Howitt Tong & Co., shortly be made with the other lines.

passage difficulties next winter will be say

THE CHARGE OF MILITARISM

in which we may be compelled to take part.

that olauso.

It

My noble friend says, "Why did you not of their booty, but Mr. Haskell alone lost hold, that these documente do not require thing like those of last year, as it will no

cannot

∙is

It is impossible to estimate the extent 1805, 3.K.B.772, by which I am bound, 11 not believed io official circles that the refer the matter to the League of over 2400 worth of jewellery. Nations 1 I notice that in, one of the appears to have been no resistance. The separate the facts in that case from those longer be seccary to secure Zords of

There registration as bills of sale, I stated, "The League shall take any action captain to land them on the coast between is not enough for the banks-in-thig caso affect the passage, questent to seriously articles of the League of Nations it is passengers say that the pirates forced the here, and I, therefore, so hold. But that accomodation for military passengers and that may be deemed wise and effective Batoum and Trehizand before date the bankruptcy law includes for the par- Precautions are, however being consite. safeguard the pace of the world." That wireless then brought up a reach as poses of division amongst erectora pro ed and it is not improbable that er

ng American rush suficien is the whole point. Our rio is that the shipped. They thus returned to Batoum tion of the bankrupt in his trade or busi. the prospects of the scarcity of hotel accom-

troyer, to which the Americans were tranperty in the possession order and dispost unique will be issued, drawing attention, to". Government ought only to take action if

anticipated. it could be effective. How can anyone and joined the Cole, suggest that the League of Nations could

now by the consent and permission of the modation in India and the possibility that hare intervened successfully in a matter of

true owner, under such circumstances that globe trotters aging out for the cold this kind Is it not obvious that they M. Calleaux, the Belgian Socialist De in this matter that has caused me the dif- out the summer. would have been faced with precisely the pute, has been sentenced to a week's in-ficulty. The facts before me are contained with the Shipping Companies were ad he is the depated owner thereof and is ther will find themselves hung up through- same difficulty we would have been faced prisonment and a fine-of-60f, by the Liege in the affidavits of the managers of the it is contemplated they will include honic with if they had said to the Poles, You Court of Appeal for refusing to take the two Banks and of the trustee and the ad ward passages and such a warning

Bince the arrangements are not to do this or

If they had customary oath,

missions of the trustee.

perhaps prove anperfluous,