1923-10-10 — Page 7

U

CABLES..

LATEST PÄBLES. İTABOGGIE BEUTER'S:ADYCY...]

¡DRAMATIC SCENES AT U.S. .LABOUR CONGRESS.

·VE WILL MEET YOU AT THE

BARRICADES

PORTLAND, Ockoler sth. 6

Tharawhs a' dramutio scope. when the

"

THE HONGKONG DAILY PRESS, WEDNESDAY, OCTOBER 10TH,

EARTHQUAKE FILM IN

LONDON.

TO BE SHOWN ALL OVER. ENGLAND.

LONDON, October 9th?

"THE "GORJISTAN" CASE

JUDGMENT, IN FAVOUR OF

CAPTAIN WATSON,

<

1093.

The letter read as followsim.

"Hongkong, 3rd Sept, 1993. Captain Watson, as. Gurfistan. Dear Sir-I am instructed by Mr. Nemo to suspend you. from command "for the time being Yours faithfully, (Sd.) H. M. H. Nomstre."**

Mr..

My Asesor divises, and I concur in IMPERIAL CONFERENCE.

Bis opinion, that there is nothing hers so "BRITAIN'S "FOREIGN RELATIONS

show negligence or want of skill. - Hero, DISCUSSED · PRIVATELY.

#gain, I think condonation cousin. His Honor the Puine Judge (Mr. The next charge relates to a "collidon 'Laxday, Octobet sth.

Justin Composts) gavn a learthy judgin Swatow barbour by which the vessel The Imperial Conference met at No.

A two thousand foot film of themont in the case of Captain, Watson 2. suffered damage to some of her platos, An hour later the plaintiff weRL-AN- 10. Downing Stress this morning. All the

H. M. H. Non esterelax, in the The plaintiff's amout of this is as fol. shore and proceeded to the Ece, shown in

Summary Court,

lows: On Jans the 12th, 1993, the resco Nemuzee was not in.. Next morning the Domainia Premiers word present, also Japanese earthquake was Marquess. Curzon and two representatives London to a siahli private audience, in-

His Honour said: This is a claim for was due to leave for Hongkung. No pilot plaintiff went again and was on the lầnd- of the Foreign Offers Mr. Baldwin, on cluding the Japanese Ambassador The damages for wrongful dismissal. Plain was, available that day. The vessel was ing when Mr. Nemazen arrived. The

Mr. "Nemnice said "yes" behalf of “the Clovernment, welcomed Mr. Thin was taken in Tokyo, teft-Tokohama tiff, who is a master marker, was in com- short of coal and water-she had just pinintiff asked if he could see him and Braga Senator Wilson (Minister of on September 12th, arrived at Victoria, and of the steamship Gorjistaz of which | enough of both to reach Hongkong. No

on Heptember Zivil,

the defendant is the owner. On the #thal was obtainable in Swatos. Three The plaintiff then followed A:, Ne»maze. Health, Australia), and Sir Loure Conin British Colambia

September fast the defendant, by his rgbailors were leaking badly. The plaintiff into the offer. There is some difference Minister of Justice. Canada). A dis was taken to Chicago by aeroplane, presentative, Mr. Machoped Nomage, gave had to donite instructions not to come in the accounts of what exactly took place American Federation of Labour Congressession of foreign relations was opened arrived in New York on September gath, the plaintif oral notice that he was die out without a pilot. He had been eight share. overwhelmingly • veted the expulsion of by Mr. Mackenzie King, and was con- and reached England aboard the missa The defendant claims to be en times in. Swatow.

The Japanes titled under the contract in the Articles-The vessel-was' very light and after she Wither. Dunne (of Butte Central Labour tinied by Messes, Bruce and Massey. 1 Leviathan last Saturday,

current act hir" down on another veil, Connell, owing to his alleged Communis regarded as most likely that the Ambassador subvequently thanked the to discharge the plaintiff at 21 hours weighed anchor, while swinging, a strong In my option he has nos such right. The daringe was trifling and the vessel tie activities. Dunne, an athletic leaking speeches will be publisheil. The Confer directors of the form concerned, aud said

ence adjourned at two o'clock until late he was of the opinion that they had per This special contract in the Articles is proceeded on her voyage. mau wearing a thưở shirt, picked up his

public service, anabling the made between the master as representing in the afternoon, when General Sants former paper, saying, “Good bye, Me. Chairman was the first spinker,

ser-what the earthquake had the swier onil the rest of the ship's ponury Assessor:

There is no such contract here and delegates. I will meet you at the On the disenssion of foreign_relations been like. Sir Edward Boyle said the pay.

manding a definite answer, Then it is argued that if there is no being continued in the afternoon, the picture showed that the disaster could between the master and the owner, o irricades"

Imperial Conference-unanirsously deciful not be exaggerated, and emphasised the tha the whole day's proceedings should need for suprating the Lord Mayor's contract, there must be an im The clues will mr. berlind contract to that effet between master

and owner. Here again the argument The confidential. Aleneral Smuts, 31. chef fund,

fail, O'Higgins and My Warren, participated shown all over the country.

BABLIER CABLES,

"POLITICAL SITUATION

IN' GERMANY.

RED #BLOC TO OPPOSÉ FASCISM.

BELRIN, Dctober 8th.

in this discussion. Mr. Peel, Maharajahj Alwar and Mỹ"Sapru spoke on behalf of India. The Vonference then adjourn ped" until Qendër rith. -

fans, Ortober sth. Reuter learns that up statuumad regaral The Communista have acerpted the portfolins of Labour anit Education in the Tug yesterday's transactions at the Con- Government of Saxony, after negotiations! ferrber will be issued at least unt? Thurs Uday, when, it ásatuberstenik, thus, Marquess with the Sorinalists, both parties weog. | nisiniz that the Government of the Reich Carano will reply to the Dominions is ponerle against You Kabr and Hitler, and that the t'ommunists and Socialists must unite determinedly to light this re-.

speakers.

BRITISH SHIPBUILDING

W

RETURNS.

peuples

LATEST CABLES,

HOMË FOOTBALL: STAMFORD BRIDGE, October sth. In a match for the Football Association Charity Shield the Professionals defeated the Amateurs by 2 goals to uil."

OBITUARY,

GENERAL SIR TIERBERT COX. LONDON, Cetober sth. The death is nanouucis) of General Sir Lerbert V. Cos, K.C.R., K.C.M.G., C.B.

[Sir Herbert Cox was Secretary to the Military Department in India sincs 1916 | 11" join the Indian Army 1984; cut- manded the 4th Infantry Brigade R. Pindi 1919-14; served in the Afghan War 1875

notice.

F:

On these facts I put two questions to

(1) Was the plaintiff negligent in lear

ing Swatow without a pilot? Jasper: No, In the absence of definite instructions not, to leave without "a Hilot Insider that the plaintiff acted reasonably and in the interests of the net, Boing light, she would have no trouble with the bar. (2) In all the circumstances, is the fact that a collision occurred dofinite proof of negligence or unskilfulness on the part of the plaintif Auswer: On the information available

there is no such proof. ..

I concur with my Assessor on both the

*:..

There is an essential difference in status between the master of a ship and his ship's company. Various duties aro cast upon him by law-he has responsibilities and powers which are not shared by bis officers. It is imposible to imply against him a power of summary dismissal re- points. served to the owner by express contract | One further matter requires mention; with the rest of the crow. It is, I think. | Mr. Nemaze states that the plaintiff. well settled that some notice that is reason reporting the dainage, pointed out that able notice is to be implied as a term of by his action the vesel saved, a day-and such cutract or hiring as this. The case saved also pilinge, and that the plaintill of Green . Wright, 1.C.P.D., 591, shows offere!, to make up the balaser of the how in the absener of a clmar cuntries to damage himself. that effect the Courts lean against a power of summary dismissal. This ene has been followed more than one in this Court and judgm„sitting as a jury have held three mouths "ybe a rensemble notice in the case of the master of a ship.

In the alternative the defculant con-

axim. Conversations at Leipzig between La BIG DECREASE LAST QUARTER. the Saxon and Thuringian Premiers

Loxnus. Ozgber 5th, the question of forming an alliance of} "the" Central States agaier Havarian : a big dierens in British slipbanding Dis">lmwn by Lloyd's Register for the Fascism have alrendy resulted in recog nition of the need for the formation of quarter ended" September ath, when a Red blog, accordingly the Communists 1,271,000 tons were under construction in will also join the Thuringian Govern. Great Britain mad beland being a clasp); China 1901-02 (medit and clasp) brought on at short notice by agreement

党

"These developments "have caused

Here Stresinann to summing the Premiers

of saxquy and Thuringia. to Berlin.

rease of 67,000 tons as compart with

the quirter ending on June #eth, and

1216,000 as compared with the currespond-

។

War 1985-89;t taking of Minhla Fort

Khyber Line Fares Ungial); Barmes and Mandalay (despatches, medal and two clips); North Wo Frutier 1857 Mob- mumil Expedition (despatches, modal and clasp) Tirth 1007-08 (claspi: Buner Deceased was in`his 64th year; }

DANCING ISLANDS.

CURIOSITIES OF THE PACIFIC,

Sir Walter Davidson opened the Sydney

sends that he was entitled to dismiss the plaintiff without potier owing to his negli

The case was gence and want of skill.

I think that sorexthing of the kind was said, but it was not, I think, intended to be taken nor was it taken seriously, nor has it been acted on. Paaï unable to find any definite admission "of negligence or unskilfulness by the plaintiff

In my cyou think that here again if there was any fault there was also a donation.

The next charge is of not reporting to the Harbour UBCE the presence of passengers on the ship.

R+1

of the parties. No written, particulars. This i onemer against stim law of have been furnished, but the defendant gives evidence of various matters which he

justify dismissal.

But the salient facts, as I find.. tham, are as follows

The plaintiff asked Mr. Nemaze, por- fectly properly and in a respectful mea. sowas it with pay or without Mr. nur, what was the meaning of the suspen- Nemaz did not answer this quest on-bo either ignored it or he requested the plain. ti to wait. The plaintiff repented the question, still with perfect civility, but no explanation was given him. He then repasted his question several times, ula mately, as Mr. Nomaze says, raising his voice in a disrespectful manner and den.

Mr. Nemaree says:- intended to transfer him to another vessel. But when he insisted on a rupy. I said: " You were not dismissed before, but you are now."

Now, in my opinion, the plaintiff was entitled to a definite reply to his quæ- tion.

Neither on the 2nd or 3rd September had he been told that suspension was coming or what effect it would have, The letter is silent on the question of pay. The plaintiff had gone up into the offico on Mr. Nemszee's invitation. I see no reason why he should not have been in- formed in answer to his question how matters stood.

Suspension without pay would have put him in a serious position, which might inst indefinitely, why he should acquiesce in such an un satisfactory situation, I am not surprised that ultimately he raised his voice and. insisted on a definite decision.

There was no

redson

Mr. Nemance has stated quite frankly that he believed himself entitled to dismiss the plaintiff at any time od 24 hours" notice. This. I think, gives the key to his demeanour, for he is not, as I should say, a man in any way lacking in cour tesy.

That he treated the plaintiff on this occasion with something less than the consideration due to him is, I think, en- tirely dugto his misinterpretation of their.. ond both mon last their teraper, but for legal relations. It is clear that in 100 this I do not blame the plaintiff."

Mr. Nemazee states that he had not intonded to get rid of the plaintiff. But if he was content to retain his services it is clear that he did not supp that the plaintiff merited dismissal. It appears. that the Seamen's `Union had requested

the Coldly, the watch the placut was Tav Marine auganestiA”, uned by plajtin stan, tha the charterer was on board with lux compratore, add that that the plaintiff should not be dismissed. No doubt Mr. Nemazce intended to con- ing period a year ago. Moreover, the

Some of those can be summupily dis personally was not aware that the charter A meeting of the Berlin Social-Demo total includes 212,000' tous on which work

I am clear that nothing that took place crats yesterday revealed a split in the has been suspended for a long time or sessions of thu, Pan-Pacific Science Cord of. The allegation of failure by the party had expired. It was not suggesund sider their request, but he did not explain on September 4th justified summary 'dis- gress on August 9th. Dr. Hakion, the plaintiff to maintain proper disciplineoplastiff in cross-examination that be this in any way to the plaintiff. party on the subject of participation in abeyance owing to the shipgard Cambridge anthropologist, said that the among his officers is entirely unsupported had profited by the presence of the passen

riginal Tasmanian natives walked from hy evidence and aerd unt be further con- Undoubtedly, he should have reported misal, and I give judgment, therefore, It follows from my findings that the the Stresemann Government. The feelspute. Thus the tonnage actually being Asia before the last glaciation of the re-sidered. The allegation that the plaintiff to his owners. But here again I find that in plaintiff's favour for claim nnd erste. ing of the meeting was generally hostile constructed is only 1,029,000, which is the gion, the Australians walking later. I disobeyed the order of the owaor in the any offence against the waers had been counter-claim is dismissed, with ecsta

towards, paéticipation, but postponed for, a Forsnight.

vpže was lowest on record for nearly 14 years.

EMERGENCY LAW DRAFT ADOPTED:

Bau.is, October 8th

יוt

The tonnage launched during the quar: was 66,000, compared with 20,000 during the second quarter of the year, and only 20 yrsels, of a tonnage of

The Reichsrat has adopted the draft. 111,000, were commenced, compared with Emergency Enw by votes to 1717 vessels with a tonnage of 211,000 for Bavaria and some of the Prussian pro- the Juae quarter.

wifes opposed the Bill. The new-law The tontage actually, under construc iwegrues invalid with a change of Gov-tion abroad is 1,024,000, being a decrease estment or in any ense og March 21st, of 50,000 compared with June 30th.

12 t authorises the Government of

HALFRENNY A MILE

the

rich to take whatever measures it

FLYING."

considers are necessary or urgent is THE MOTORCYCLE OUTDONE. Snancial, sonomic or social matters, and

Luxpas, October 8th. the provisions of the constitution can

Natura played the Tasmanians and Aus-

L

sentiasa dirty trick by isolating them and engagement of a ship's steward is disposed Who could ridela kangaroo or milk hat providing cereals and useful animals. of by his evidence. Another man, the old wallaby? On the other hand, waves of steward, had been alrowly signed on before migration had spread through Melanesia the order reached "the plaintiff. in Polynesia.

four.

-gere on board,

condoned."

༣།

The next complaint relates to the ab. sence of the plaint from the vessel ön

had been hoisted. August vor, when the red typhoon signul

The plaintiff's explanation is that bo The next charge aggiust the plaintiff is was suffering from dysentery and went on has he ordered certain covering for dishore for treatment. He waited on shore charge pipes to be made for the ship with to receive an injection and, having re. at the authority of the owner, and that, ceived one, returned to the ship at 10 in so doing he decurred unessary exp.m. The black signal was not beisted pense. The plaintiff's explantion is that fil 3.53 u. m. next day. he pointed out the necessity for these!

I agree with my Assessor, who advises covers to the owner who referred him that the plaintiff acted at unreasonably Captain Mercor, then acting as Marine and with das regard to the safety of the Superintendent. Captain Mercer agree ship,

The plaintiff that they were accessary,

My Asesor advises me that there wa« ] the ship should order the, hatches to he closed. He had the right to suppose that the chief officer, who was in charge, would do what was necessary for the safety of the vessel On this advice I concur.

My finding then on the facts as a whole is that the defendant has made out no case for the summary dismissal of the plaintiff.

STATE'S WASTE. LADY ASKWITH AND THE CANTEENS REPORT.

Lady Askwith, vice-president of the National Cities Union, writes to The

Cates that the following "poluta. Daily Mail with reference to the report of the Seket Committee on Navy and strike the onlinary person

Army

1. That very grave conclusions' were come to and words "implying serious blame were used by the Committee, aud. that no action has yet been taken upon :

That public mones kas agaių bera

2.

handled-in

.לעע,

away which it is complimea-'. to describe as careless.

"That theme of us who do not approse, and especially the women, who are the housekeepers of the nation, must urge action upon the Government, Lady Askwith proceeds;

The Army and Navy Board appoint & buyer, who had no expert knowledge of the commodities he was called upon to deal" in, paid him by commission, and gave him power to buy for £750,000 and upwards. Under these circumstances we can but bo thankful that in six months he spent only £800,000, and it was but natural that the greater proportion of his purchases should become surplus to requirements."

Professor Andrews, the Australian geolo. gist, secretary of the congress, said that off the Philippines was the greatest depression et found in the earth, the water being cooft deep. The Pacific was ringed round by the earthquake zone in volcanic beit. Some of the Pacific islands, Wallis and Loyalty, are hobling up and down, while New Caledonia has been stable for ages. Towards the centre of the ocean the islands all did a kind of step dance. The

them.' The point was further made that when Pacific Ocend had been a unit for possibly had them mate (1) of iron and (2) in Mr. Nemazee went on board the vessel 1,000,000,000 years.

Batavia for reasons which he gives. The her hatches, scuttles and cargo doors were Dr. Omar, the Japanese seismologist, work was dots in November 12. The open, pleading for a ciser study of the habits bill did not reach the owner till March Now it appears that the master left the of volences, Parthquakes and earthquake 19. The defendant, says (1) the the ship before the cred signal was hoisted. waves, described earthquake waves as sweeping under the Pacific from Japan to savers should have been temporary struc- The Gorjan would come out of dry dock the consts of North Ameries in twelve tures of wood, and (2) that in any case with everything open,

the work should have been done in Hong- shoeby be rksregarded, but the authoriss What the papers describe as "half hours and to South America in tweng kang where rates are lower. I agree that no reason why the master before leaving |

Professor Perry, of Manchester, said the matter should have been reported tive does not extend to the law rezulat Pony a mile flying" is being tested at

that Australian aboriginal culture was un- earlier by the master. The defendant ing working hours. The Reichsing deals Lympne this week. Fourteen British, two der 5,000 years old, and was derived from warned the plaintiff in March that he had Belgian and two French machines, with outside; stone instruments, burial customs, exceeded his authority and cautioned him, an engine power limited to seven and and other examples were found elsewhere. but the matter went no further.

The boomerang was notan Australian- It is unnecessary to go into the merita VOTE OF CONFIDENCE IN THE half, some purchasable at only

invention, but was found in the New of the case as in my opinion any broach Hebrides and India, and its prototype in of duty there may have been has been GOVERNMENT.

hundred sterling, and mounted by | Egypt.

condoms by the defendant.

The next point for the defendant is that: I have not forgotten that a train of famous pilots, are competing for various

from the middle of 1921 to the end of actions, oach in itself of no very serioua Lady Askwith calls attention to the state prizes for speed, altitude and distance.

1922, while the plaintiff was either 1st importance, may in the aggregate by ment in the report that goods were sold at The principal prize is the Duke of

officer or master of the Gorjistas, that cumulative effect establish the positiva low prices to ex-officials of the board who Sutherland's 2000 for the longost flight

vres lost four archers in various porttitores of a servant for his employraent; were friends of the persons who disposed of a minimum of fifty miles on a gallon

not the case here, Nothing of of the property. She instances the follow Bavarian of petrol. The conditions for the start

The actue of self-sacrifice is depicted The plaintiff replied that in only one cave But this Pooples Party and Communists Are were ideal. Six machines this morning in "A Tale of Two Cities," Wm. Fox's was ho on anchor duty, and in that was which the employer can reasonably coming deals:

easily exceeded the City miles on a gallon picturisation of the immortal Dickens the loss was due to defective gear. plaid took place after June. The real solation was rejected in favour of the minimum. Gusty winds this afternoon masterpices. A dissipated. ner-do-well seems to me that it is imposible at this determining cause of the dismisant is to lawyer's clerk gives his life to save the distance of time and without fuller know be found in what took place on Septem- polition of state of emergency in the ended the fring

-- life of his rival in love. The first per-ledge of the circumstances to come in aber 4th. Reich. A Bavarian Socialist motion was carried endorsing the Government's con- atititional standpoint with regard to exceptional measures in Bavaria. “

NATIONAL LEADER DEMANDS BREACH WITH FRANCE.'

with Bill to-morrow,

BERLIN, October 2th. The Reichstag has passed a vote of con- Sidene in the flowernment against the

of the Nationaliste,

vote

BERLIN, October 8th.

In the Reichstag debate yesterday, Count Von Westar, leader of the Nationals, demanded that there be a breach of relations with France, with all the consequences. The statement evoked cries of War!" and hissing from the leit. Ho asserted that the nationals oppose the Government's emergency law. o which the Reichstag han to vote.

two

PARIS, October 8th.

WORLD THEATER.

"A TALE OF TWO‘GITUS."

શું .

RUHR COAL-DELIVERIES-formance of the photo-demon-takes-place finding of negligence at unseamanlike con... It appears that on Boptember and the to-day (Wednesday) and will be repeat-duct against the plaintiff an allegations ship came into harbour, Mr. Mohamed up to Saturday at the World Theatry, of this kind, I am confirmed in this Nemuzee came on board. On September λ message from Duesseldorf states Growded houses are expected for such opinion by Lieutenant-Commander Hake, and the plaintiff went to the office and that an agreement has been reached an attractive feature. Wm. Farum, who R.N.R.,, of the Harbour Office, whom the presented for signature cheque for th tween the fater-Allied Mines Commission plays u. double role, intill hazerica's parties have agreed upon as Assor and pay of the crew. Mr Nemazen told him and the Phoenix and Rhenische Stahl favourite and an unfailing drawing card.ho has been sitting with me. In any to wait (I may say that in this judg werke Companies, who produce nearly The double-barrelled characterization event, if there was fault, in the plaintiff, at throughout when I refor to anything ten per cent. of the Ruhr output, that calls out the best in this great actor, it as long ago boen condoned by the done by the defendant. I mean done by deliveries of coal shall, esine immed and he does full justice to the novelist's owners. It is significant that plaintiff was Mr. Molimed Nemazer, who has appar iately under the Ateparations Commis great story. This wagnificant drama, promoted from 1st Officer to command of ently represented the defendant through- sion's conditions Taxes will be paid en written by the well-known English move the ship after two anchors had been lost out. The plaintiff did not get any money the coal not delivered since the occupafist, Charles Dickens, is one that should. The next matter of reproach is that in and ultimately he returned to the vessel. Lion.;

not be missed.

June, 1323, the vessel touched the bar on At shout 5.30 pm, & Captain Adams camo entering the port of Swatow. "The plain on board and informed the plaintiff that Prosiding at the meting of the governors tiff explains that no damage was done. his (Adams's) name was on the registas of the Lady Margant (Fruitarian) Hos. that the vessel was loaded as is customary as master, instead of the plaintiff's. Thi plaintiff naked what this meant and pital on August 22nd, Dr, J. Oldheld in that trade, that she way in, charge of stated that since i's foundation in 1903 no a local pilot who knew her draught and Adams replied that the office had told him The University of Syracuse has come, or fowl had been used in tho would, not have taken her in, when he that the plaintiff know all about it. The ferred degrees ou ten foreign delegates to divar of her patients or staff, and in did, had he not believed there was suff nizintiff then oponed a letter which had the World's "Dairy Congress, including view of the results obtained he urged other ciont water. The plaintiff adds that the been handed to him by a clerk in the the Doctorate of Seicurs of Mr. Masoye hospitals to use more fruits, vegetables, and Swatow bar is potoriously tricky sad office and which had remained in his

uncertain place.

pocket until then, shisato, of Japan.

salads ned less meat in their dietaries.

DAIRY DELEGATES GET

DEGREES.

SYRACUSE, October 8th.

።

SOLD TO OFFICIALS.

Over 16 million cigarettes were sold for less than the duty paid on them.

Sago was sold at £23 per ton, when the market price was £53,

Socks

were sold at 7. a dozen pairs. Two months later the Board bought

mory socks of slightly better quality af 23. d. par dozen pairs,

Another

purchase from the Board, in cluding gymnasium vests, Quaker oats,

usages, candles, and at a profit of 20 per cent.

cigare, was revold It is idle to pretond, Lady Askwith, says. that publie money is, even now, handled a carefully as it was before the war.

We do not like the enormous experses of the International Labour Bureau, ar the continued existence of the Publicity Department of Government Wa are tired of other people thinking million and our having to scrape sixpences. Wo intend to help and urge the Government to eliminate waste from all the public serv.com,

the

I hope that in the autumn ay union, and other organisations who ure of our mind, will be able to strengthen the Co- ernment in its determination to regnin effectual control of the spending of publi money.