1923-10-26 — Page 7

CABLES.

LATEST CABLES. (THROUGH REUTER'S AGENÓW-}

THE RHINELAND UPHEAVAL

MINES TO BE CLOSED DOWN.

BEULLY, October 24th.

THE HONGKONG DAILY PRESS, FRIDAY OCTOBER 26TH 1029.

LATEST CABLES.

BAVARIAN BEPARATISTA-

ACTIVE

REPRESENTATIVES OF GERMAN STATES CONSIDER, RAVA RIAN DISPUTE

BRITISH CURRENCY

INFLATION.

ITS ADVOCACY STRONGLY CONDEMNED.

October 24th. LONDON, Mr. Reginald McKenna, in an address to the Belfast Chamber of Cominerca, showed that Britain's proportion of the world's export trade had risen from 14

IRELAND AS A SEPARATE

KINGDOM.

18 THE FAST LINK BROKENT

ALLEGED - FLAW. IN THE CONSTITUERION,

'MR. DARNELL VIGGIA'S NEW THROHY.

of the Constitution, then this second FAR EASTERN CABLE paragraph rests on a false foundation and

An

NEWS.

[THROUGH REUTER, 8. AGENCY:]

is emptied of all meaning and validity,

-ANALOGY:-OF--DOMINIONS...ALLING The case may be put this way. appellant coming into a court is pre sumably required to state on what statute | NEW - CHAIRMAN OF SHANGHAL he resta his right to be there. If he can produce neither statute nor accepted practice he has no standing in that court. He is an adventurer merely. Now an appellant cannot (with all respect to and in spite of Lord Haldane) produce

COUNCIL

SHANGRST, October 25th The American lawer, Mr. Stirling

Advices from Essen state that the mine Chancellor, which was attended by repre. Per cent. in 1919. tɔ-17 per cent, in 1999 Committee of the Irish Free State and before the Privy Council. For that the Municipal Council, in succession, to'

owners have resolved to close all the

ties.

a Home

He maintains that the Free State Con- tice of that right..

“Simms,” who is leaving for

In the following article published the Daily Vaid Mr. Darrell Fingis, who BERLIN, October 24th.

was the chairman of the Constitution Article 66 as conferring a right of appen! Fessenden, has been elected Chairman of A meeting held at the residence of the

who is the lending nuthority on the Con-artiel confers nothing Is simply pre sentatives from the different States of He expressed the opinion that full revival situation, raises the important question teeks. It says that nothing shall funput

of whether there is a right of appeal to Rhenish and Westphalian mines on Octo- the Reich, unanimously adopted a state of trade was impossible with present the Privy Council frour the Irish Free right that already exists. An appel

FROM THE DAILY BULLETIN."] ber 29th, owing to the failure of the ment supporting the standpoint of the world conditions. A considerable revival State Courts, NAMIE existence, whether by statute or by prac negotiations with the Occupation Authori-Reich in the dispute with "Bavaria de British trade was possible by the stitution has made considerable changes What will be produce↑ An examina

DISTURBANOK AT “ANGHING. claring that an immediate settlement was abandonment of the official policy of in the Commonwealth Constitution, andtion will show that, owing to the speciali

deflation..

He instanced the case of contends that by faulty historical circumstances of Itland's history, no such

FERING, October 24th. reasoning, which coaluses the Dominion earlier right existed; and that those who necessary and demanding in order to

Amerien, in the autumn of 1921 with five Constitution with that of the Free State drafted this second paragraph were The Livil Governor of Anhui has re- Boring we may there is no right of appeal to the Privy led astray by the false analogy of theported to the Government that, on the avoith similar disputes in future the in-

million unemployed whereas, eighteen

Council as there is in the Dominions, Dominions-

1 instagroup of students-paraded mediate abolition of martial law in the ma different States The meeting was of the months Inter there was actually a short- In other words, that the last link that Very few, even among leading author the streets of Anching and raided the the age of labour, the improvement being bound Ireland to the United Kingdom is ise have, I think, realised the deep residences of the Peking members of

broken

change wrought in the Constitution of Parliament Chang Pen Hang and Ho opinion that negotiations should be open due to the abandonment of the policy of

[BY DARRELL FIOGIN.|"GET the Commonwealth by the addition of Wes damaging much of the furniture. ed for the readjustment of relations credit restriction. Nevertheless M Some weeks ago certain Irish cases Ireland as a co-equal member. I am not Tac Governor added that the polico were carried on appeal to the Judicial referring now to ancient claims, and intervened, bus that they were attacked between individual States and the Cen-McKenna did not advocate a policy of Committee of the Privy Council, as, until origins from old, ancestral days of the and wounded.

The Governor has ordered the Procu- tral Government, in the direction of inflation, and pointed out that improve the prescription of the Free State Con- Gaelic State. I am thinking of the accept

stitution, it had been the practice since ance, of strictly English legal traditionate Court to hold as investigation. larger measure of State independence,

ment in trade would necessitate more the Calon of Legislatures to carry them For the arguable precedents that RUSSIAN "REDS" THREATEN

banking credit and more currency; hut to the upper house of that united Legin guvern the case of Ireland are entirely lature the House of Lords. They were different from those that govern the INTERVENTION.

this was not monetary inflation.

so carried under Article 60 of the Free Dominions. The difference is precisely State Constitution, which seems, on its exhibited in this very care of the appellate face, quite clearly to provide for such an jurisdiction of the Privy Council appeal, as it is phrased, to the Privy All the Dominions that are now nations Council. Bub some of us were watching were once Colonies, and as such were these appeals For is now appears that established under the kindly prerogative, the right of such appeal is not conferred They were what Blackstone called one of by Article 66, and is powhere conferred the special flowers of the prerogative outside the Article that, in fact, no much For that reason they could not appeal right exists, the provision apparently to the House of Lords bat only to the made by Article 60 being invalid through King in Council.

curious error in historical reasoning.

COLOGNE, October, 24th. Two horiens were killed and six wound- ed in disorders following a meeting of unemployed. The police used firearms.

EARLIER CABLES,

POSITION STILL · OBSCURED.

LONDON, October 24th.

The position in the Rhineland is still confused, but the Separatists forces -- aza evidently meeting with much opposition. There End boop mild ríeting at Aix-la-

ぶ

Chapelle, and at Muenchen Gladbach, with Nationalist counter attacks on the Separatists in public buildings. A num ber have been killed and wounded.

A Brussels meewage says it is reported that Crefeld fell into the hands of the Separatists this afternoon, The police

were disarmed.

HELSINGFORS, October 24th. Advices from Moscow state, that a con ference of the Red Army, presided over by General Unschlicht, Commissar of General Staff, discussed the German

situation,

1.4.

LATER Sir Arthur Halfour, presiding at the Association of British Chambers of Com merce in London and referring to the ndvocacy in certain quarters that Britain should adopt a policy of mild currency inflation as a cure for economic ills, declared that infation was a malignant disease romparable to cancer, and was really another insidious form of a capital levy. Perhaps Britain had deflated too quickly, but inflation was not the cure

Lord Kylsant declared emphatically that the City of London was behind Sir Arthur Balfour in the warning against the appalling risks of inflation. BERLIN, October 24th.

Sir Arthur Balfour congratulated Reports from various, sources indicate France on her normal victory in the practiclly everywhere, only a few still it that the Palatinate, which hitherto has Ruhr, bringing home to the German The failure is attributed to popuheen part-of-Bavaria, ix boing declared on people for the first time that they were

fairly and squarely beaten.

A Paris message says French troops dis- pered an anti-Separatist demonstration: at Coblence,

A Berlin message states that German reports from the Rhineland represent the attempt to establish a Republic ‘as - an entire failure, and assert that the Separa tists have left or been forcibly evicted

ting

the Wiesäden and Coblenco town

lar opposition.

A DESPERATE FIGHT.

COBLENCE, Otober 24th.

Skilianski, Chairman of the Military Council, stated that the Political Bureau advocated the immediate employment of the Red Army to settle the German situation in favour of the Communists.

EARLIER CABLES,

PALATINATE: DECLARED - AUTON- OMOUS STATE.

Autonomous German State. One version attributes this to the discontent of the The Association passed resolution population with the recent happenings welcoming the Dominion delegates and at Munich; another mys the French repre hoping that their co-operation in finding It is reported that 12 Separatista were killed and 50 wounded during a thirty-six-sentative on the Inter-Allied Rhineland à means to bind the Empire closer to hour siege of Town Hall at Crefeld, Commission announced the decision together would succeed.

*KING OF IRELAND."

ANTI-JAPANESE MOVEMENT.

ALMOST SUBSIDED IN YANGTSZE

AVALLEY,

PERING, October 4th. According to the latest official reports the anti-Japanese movement in the Yangtze Valley has almost subsided, except at Hankow and Ichang, though another incident is reported from Shast, where, on the 20th inst, the head of the local society to assist the Chinese Govern- It happened that on this occasion the It was the King who granted their ment in foreign relations, accompanied matter was not put to the test, For the charters of rights and duties: i was he by some hundred other Chinese, visited right to appeal in these enses was dit who exercised original jurisdiction in the Chinese merchants, and complained allowed on other grounds, Lord Haldane cases as between one Colony and another; that the latter had recently imported observed, very justly, that such appeals and he who exercised appellate jurisdic 1,300 bales of sea-weed and dried fish on out of the country of first instance should tion from their courts in other mattera.oard a Japanese steamer, demanded be exercised sparingly, and only on The case of Ireland, however, stands on that such he burned or returned, and matters of general principle. The ap quite a different foundation in the ambit gave notice of the infliction of a fine of peals were therefore thrown out, and the of the same law. Henry VII, big T. 10,400 upon the merchants concerned, question whether such a right exists atbeirs and succeziors" were maken to all under Article 86 was not argued be Kings of this land of Ireland, as I do not, of course, know whether the original statute read, and were to way the intention to raise the argument. “ enjoy the said style, title, majesty, and I do not see how it could well have bect honours of King of Ireland." avoided, for the difficulty is inherent in the phrasing of the Article And as this matter of the Privy Council Appeal is one of the most veked questions in the Commonwealth of which the Free State is a co-equal member, it is worth setting but simply,

p

WHAT ARTICLE 5 SAYS.

Fint Stall let look at that article, in order to note how it came into exist ence as 15 now stands. I am revealing no matter of confidence in writing of

EPILEPTIC AUTOMATISM

MURDERER GUILTY BUT INSANE

Therefore there was a separate Irish Privy Council the place of which has

The story of the Leyton tragedy was under the Free State Constitution been taken by the Executive Council of the told at the Old Bailey last month when State. When the Union of Legislature Herbert John Fryatt, aged 20, a piano

ker-maker, was indicted before M was effected in 1800 this did not affect Justin Swift for the murder of his wife, the separate dignity of Ireland in this Phebe Irene Fryntt matter; for Ireland continued to have

Mr. H. D. Roome, who prosecuted, said

where the police, barricaded behind bar members of the Palatinate Dieta view of THE REPARATIONS. PROBLEM these revelations were then made very rogative." Hers was the dignity of legis an evil spirit, which was upon him at the

bed wire entanglements, made as energetic defence, only yielding after a portion of their fores bad, it is alleged, deserted to the Separatista,”

-Dusseldony, October 24th,—— The Separatistes proclaimed the Ro

the dangerous situation of Bavaria," and

the president replied that the Diet was not competent to deal with the matter.

OTHER NEWS.

BERLIN, October 24th.

It is reported from Spier that the pro public in a number of towns to-day, posal to make the Palatinate autemonous including Ahrweiler, Soden, Diez, Bademe has been rejected by all the political and Rudesheim. The Commune of Gelsen-parties of the Dict.

;

ANOTHER GERMAN PROPOSAL.

PARIS, October 24th:

Germany has written to the Repara appeal to the Privy Council, and that no appeal to the Privy Council in Eng both a graphicgested that this WES

tions Commission declaring herself ready in principle to resume reparations de liveries, but table at present to finance same, requesting the Commission to undertake an enquiry into German re heim has also adhered to the movement. Food disorders continue in various parts sources and capacity, also to allow a Ger

A Mayence message says the position is of Germany. The police used their batone man representative personally to explain easier at Aix Chapelle, whilst order has and swords at Elberfeld, where many the measures for revising the Budget and been restored at Muenchengladbeck, the shopwindows were broken. Trama were stabilising currency. Separatists having left.

held up at Kiel. The revolt in Hamburg has been virtually suppressed,

LATEST CABLES.

BERLIN, October 24th.. The resistance by the insurgents in Hamburg has been broken, though small bodies of "Reds" are will scattered in WORLD'S LARGEST IRRIGA- isolated parts of the town. The police fost eleven killed -nadh. 24

FRIN

wounded,

October 24th.

TION SCHEME

WATER FOR EIGHT MILLION, ACRES OF BOMBAY LAND.

A demonstration by fire thousand work. ors resulted in a collison with the police, in which one workman was killed and several on both sides were wounded.

Food "riots are reported from Marien- burg and Allenstein, where the shops have battle, been pillaged.

BOMBAY, October 24th. His Excellency Sir G. A. Lloyd (Gover nor of Bombay) initiated the work's greatest irrigation scheme by laying the foundation - stone of Sukkur barrage, which is a mile long, spanning the Indus.

IMPERIAL CONFERENCE:

THE STATUS OF INDIANS.

Losnos,” Detóber 24th. The Imperial Conference to-day dis-

cumed the status of Indiana in the Empire. Mr. Stanley Baldwin presided and long statements on the position were

submitted by Lord Feel, Mr. Sapru and the Mahari of Alwar. The debate was adjourned until next Monday, MYSTERIOUS SO.S. MESSAGE

LONDON October 24th. Mystery surrounds the earlier, Newport News message of 2 S.O.S. from the 8.8. Wexiaureland, as the Federal Steam

A network of canals will provide irriga LATEST CABLES. tion for eight million sexes in the Divi-Navigation Company, the owners of the

GIFT TO UNIVERSITY

LONDON

OF

TO PROVIDE BETTER KNOWLEDGE.

AND TREATMENT OF EAR DISEASES.

"LOSEUN, October 24th

sion of Sind, Bombay, costing £12,000,000.

MUSSOLINI'S TRIUMPHAL

TOUR

IN CELEBRATION OF BLACK SHIRTS MARCH ON ROME,

only steamer named Westmoreland, in Lloyd's List, declare that the ship cannot be theirs in view of a wireless the captain

addition or revision was required. Since

Fryatt said he went into the house

her separate Privy Council the young couple were married in May Until the establishment of the Free last, and they lived at the prisoner's State therefore, Irish appeals were not father house in Sidmouth road, Leyton. carried, as in the case of the Colonies Ther memed to have been on happy terms thin, for in the bubbub that was raised and Dominions, to the Privy Council,Me Fuller opening the defence, said when the Inte Arthur Griffith took the but to the House of Lords. She was not his case would be to fit was not Herbert draft Constitution to Downing Street one of the special flowers of the pre John Fryatt who murdered his wife, but lative right which the merging of legis time He suffered from epilepsy, and in freely in the London Press, 2

lature did not change, elden days a person suffering from thiy It was stated in several journals, on obvicusly inspired authority that the In other words, Ireland held the same disease was said to be possessed of the draft made no provision for the right of rank as did England herself. There is devil." Counsel

and accurate description Ireland. In spite of Viscount Haldane, Primer in the witness box broke into this was among several matters where an land, and thers never has been ny in of epilepsy,

Mr. Justion Swift: Try not to distress. this statement was made, not by me, I Ireland and with England in this tears as he said he loved his wife truly can refer to it in pointing to the wording matter, not with the Dominions at all

This is apparent in all writers on the yourself You have nothing to worry of the Article, which now reads thus subject early and late. Thus the enu- ahent. Tell your story as simply and st

The Supreme Court of the Irish Free nent jurist Blackstone wrote in the plainly as you can. State shall, with such exceptions (not middle of the 18th century From ill including cases which involve questions the Dominions of the Crown, excepting his wife to read, and they were perfectly as to the validity of any law) and sub England and Ireland, an appellate juris happy together until he felt himself trem ject to ruch regulations as may be diction (in the last resort) is vested in On waking he found his wife dead. He

all over He then lost consciousHOME bling prescribed by law, have appellate juris the same tribunal," the Privy Council wondered at first, what had happen, and diction from all decisions of the High" In our own day Maitland has said the knowing of his fits he realised that he had Court. The decision of the Supreme same thing" The Judicial Committee killed her. He, at once get the spirits of Court shall in all cases be final and of the Privy Council," he wrote, “ the salts which his wife used for cleaning, and conclusive, and aball not be reviewed Supreme Court of Appeal for all the drank some. Witness added that he had or capable of being reviewed by any

lands outside the United King: had fite at Stratford Fair, at the Cup. other Court. Tribunal, or Authority in and again The Privy Council Final as Wembley, and playing whatsoever

remained the Supreme Court of Appeal Food Wembley, and while Provided that nothing in this Con- for all the King's lands beyond the Etidence in support of this was called. stitution shall fupair the right of any seas The King, and beyond De William Norwood East, senior person to petition his Majesty for the can were the Isle of Man, the medical officer of Brixton Prison, said the special leave to appeal from the Sup Channel Islands, a few struggling prisoner described night terrors to him

and It was obvious than they had or the fight of his Majesty to grant The distinction present to the minds pressed him very much. Ho such lente of these two leading authorities is sound opinion that when the prisoner com Manifestly, each of the two paragraphs English low rooted in historical origins the offence he was in a state of epileptis of this Article appear contradictory That it should have been forgotten by automation. He did not think that the the other. The first supposes the copelt later draftsmen and spokesmen does not prisoner know the niue and quality of hie sion of the debate that the second re-impair its validity. Clearly no right of act, or that he was doing wrong opens. It is on the second that the right appeal to the Privy Council from Irs Mr Justice Swift: In your opinion be of appeal to the Privy Council is sup- and existed prior to Article 66 of the was insane at the time in the eyes of this posto rist, But does it rest there!

tions of the case precluded the existence found the prisoner guilty, but insane, amf leaving too box. This is the question fr

of such a right.

De was ordered to be detained as a crim LORD „HALDASE & POPINION/

But since that Article does not create inal lunatic until his Majesty' pleasure Viscoune Haldane is certainly such a right, but merely protects a right he knows. opinion that if dore He stated

that is presuroed to exist alrendy, And

reme Court to his Majesty in Council colonies th

Free State Constitution, far the condi- law Quito, my lord,

The bury, without 2

In Ireinne under the Constitution since no such right ever did exist to be Act, by Section 60, the prerogative of protected, then it seems to follow that the Sovereign was saved, and the pre- no right of appeal exists now, in spite of The second of these referred rogative, therefore, existed in Ireland the Article,

decisions of the joint Exchequer Bónrd.

just as it did in Canada, South Or, to put it the other way: An up which also failed to come into operation Africa, India, and right through the pellant before the Privy Council cannot consequent upon the failure of the Ac Empire with the single exception of claim Article 86 as giving him a right itself

has sent his wife reporting he is well and Australin, and in that case it had refer to be there. He must, by the very fernt Indeed, the very limitation, will be boms on Saturday."

GOVERNOR WALTON

SUSPENDED.

ence only to Constitutional disputes of the Article, produce an earlier stated in Section 3 of this Ac These words (especially from so high authority. But there is no earlier autho matters in respect of which an an authority) are very remarkable in rity. What right, then, has be to be might be carried to the Judicial Com

3 of the Privy Council, lostead stance of the faulty historical reasoning there at allf

rather strengthens all I have sail.

ing

to which I have referred. For they sup INBUBSTANTIALLA OKLAHOMA, October 24th, Pose that the case of Ireland in the Taur prepared to bear the Government For it means that if the word "impair The Sonate has suspended Governor matter is similar to it not identical with, of Ireland Act 1920 quoted against me refers back to the Government of Frelsink Walton, flowing the sabrasion by the that of the Colonies of England that For it migbla be argued that Section Act 1990, it refers only to the two matters. which charged the executive with a cornity of nations, whereas the two cases are peal and this the word impair in neither of these two matters can over lower House of Bill of Impeachment, have now risen to the strength and dig of that Act crested such a right of an allowed for appeal in that Act rupt agreement to divert State moneys separated by a wide difference Article 66 referred back to that section. come into issue, since the domain of that from the purposes for which they were The difficulty will be seen if the words Bet sccording to that Act, the right of Act has been superseded in thees appropriated. Se

of the second paragraph of the article appeal referred to, and was confined to, matters are examined. These words are that two matters neither of which is operative The case therefore falls beck un nothing shall impair the right of any to-day, both of which are set aside by the larger argument. That larger aTE person w

A treaty map is that those who drafted the

Boiz, October 24th. Signor Margothi has starting on a tour The Senate of the University of London of the Northern Provinces in celebration has accepted a gill of £15,000 for a Chair of the anniversary of the Fascists march of Gtology from Mr. Geoffrey Duveen, on, Rome. He was triumphally received who intends to allocate a further £15,000 at Turin where he addressed 100,000

the University College Hospital for Black Shirts" after a military tourns- DUTCH CABINET THREATENS

TO RESIGN the treatment of the deat

nt. He was loudly acclaimed The double gift was made in memory of According to the Messaggero six gren- the donor's father, who was one of the ades exploded prematurely during the founders of the famous art firm of tournament, wounding one officer and five

soldiers. Duveen Brothers

ment

・

The word impair is critical, For The Art of these concerned the paragraph of Article 68 of the Free Sinta it does not create a right; merely pro slidity of laws, whether they were or Contitation imagined a right THE HAGUE, October 23rd,

tects right that is presumed to exist were bot" beyond the power of the that in fact never did alat In the Second Chamber, the Premier already as it existed in the beginning Parliaments of Northern and Southern ing protected a-sisubstanti announced that the Cabinet would resign in the case of the Colonies ne dominions Ireland, and the Council of Ireland a which, being an inqubet if the Bill to construct a fent for the of the Crown, But if it should prove Council which never came into being as before, remains an insubs maintenance of neutrality in the Dutch to be the case that such a right never the Act itself never came into operation, still.. Fast Indice were rejected.

existed before, prior to the prescription (Confinuta af foot of neza contímn.)