1924-05-09 — Page 5

Page

LIFTING THE ROOF,

TENANT, SUES "LANDLORD FOR $1,000 DAMAGES.

ÄLLEGED DELIBERATE ATTEMPT TO

GET BEHIND THE COURT.

for trespas.

the teran

THE HONGKONG DAILY PRESS, FRIDAY, "MAY

A CHINESE GRIEVANCE ATĮ

AMOY.

ALLEGED WRONGFUL, ARREST IN KILANGSU,

CORRESPONDENCE.

HAHONG DISTRESS.

#TO THE EDITOR OF THE ** HONGKONG

DAILY PRESS. '

1

i

The oil and tobacco

TN, 1924

CANTOMS CILARITABLE

ORGANISATIONS.

HAMPERED BY “MIJÍTARY

WASTE

In a reference to the work at one of the charitable associations of Canton the; reang Stu-says the charitable agein political influence. The oficers of the tions in Canton wield a great social and

leading institutions are usually composed of leaders of the more powerful trade

assoriations came together, the fody in ful represcritative assembly of the com session practically forms the most power

unity. For this reason, whenever the officials of the Government have anything| to put before the public, they call upon the charitable institutions and the deg these two bodies lead the officials and the eral Chamber of Commerce, in a way

We have received from an organisation

SIR. Some 80 miles off people are In the Summary Court, yesterday,

elaiming to be

"The Whole Amos dying of starvation, self-respecting people before Mr. Justice Dyer Bali, the Kamu People Society" a lengthy document who had done their heat to hold on till Song Faulinidery Fig. of No. 27. Lynd. which begins by stating that "there has harvest time and avoid making any burst Trnave, sued Wong Sau, the land.revratly occurred in the Settlement off

appeal for help. loril of the preprises, for $1,050 damages Kalaagsu a case that has proved conclu-

The plaintiff also applied sively the inefficiency-nas, the corrupimiately forthcoming. Teu cagnilds of the city, and when the principal

6,000 "of them will die if help is not for an injuction to restrain the landlord tist-of the Kulangsu Manicap! Council day, say five dollars in all, will save a - front y filling down, the house recupied by constituted and functioning under the life, perhaps a herne.

direct control of the Consular Body of So far between $5,000 nml 24,000 have Mr C. A.-S. Russ, appeared for the the Island. Whatever basis there maybeen raised here, and there is hope of a plaintiffs, and Mr. E. C. 8. Buokes be for the charge of ineficiency the hundred haga of rice in addition. But represented the defendant.

statoneht furniches not a tittle of erid- teu times that amount is needed, and it is ME C. A.. S. Russ, opening his ense, Fence to support the grave charge of slow in coming in. said he was sorry to say this class of case ** corruption."

firtus have contributed, and congregations was becoming extremely prevalent in The story is set forth in the document which heard of the matter on Sunday this Colny. It was one i which notice | in "ihe following terms:

responded well, as they always do. to qisit had been given and although the The principal of a Vocational School, I don't apologise for "trespassing on

husiness men and citizens of the com handfind horng that the native to quitwa Kulangsa applied to the Mised Court your valuable space" a second time,munity more effectively than the Proxin would be disputed and uithough he kasy for the arrest of one Shing Nau Tien, though the matter may seem no special cial Assembly or the Municipal Advisory the 'perian" was pernoteypni by, the fonts | ex-Hend of the Bureal of Finance of the business of mine, Someutic must make Coniecil, which are the regular, organs Ozlinance, he` went to the preuiads with | Fakirn Army, Anicy. residing or it bis lusiness to attempt, successfully or

representing the interests of the people an ang of workers and procended to pull Kulangsti, n a charge of money owed not, to divert enough attention from the but they have been rendered impotent by their failure to control finance and direct and mail by the latter. It being a preoccupations of business and sport te

cise, the Mixed Court get something effective doné.

force during the military administration which recognizes no law or precedent. Notwithstanding the additional, respon sibility imposed on the charitable asso- ciations by the Government, or the rival! factions which have lately forced theni to mortgage their real property in order! to supply military waste, some are doing much good work towards the poor still. and mention of what one institütion bas

clown the house over the tenants head.

اوه

1. said Mr. Ross, you Lordshirely "civil con in the renchstion that this is Magistrate accordingly issued warrant of.

arrest, stated, on the imper that it was

deliberate attest in the part of the Landlord to go "behind the back if the Court and to take the law into his own hairis by committing at net which might very likely lead to a breach of the peace. E ask for exutundary damages and ask for permissilai in umond the writ making my clain ng ganuages from $500 to $1,000 winch the highest that this Court ean gives

Conuifuing. Mr. Rass said the ven: Wak payalde en the sth day of every Chinese 4 December 9th of last year the plaintiff was given notice to quit. It was

myHaza

was

abc nutive,

BREACH OF PRACE LIKELY.

|

a civil ense

The effective thing is to send a little money ; it can be spared, and the trouble is surely not tee mugh to save a fellow.

defridant was possessed of arms, and

Being subsequently informed that the creature's life.

It should be noted that this is a ten-

has overtaken a district which has not

as a precaution to evade fatal danger,pnry need which really can be met, and the Magistrate comunanded his detective not a case of a drop in the lacket. A ask for assistance from the Captain very usual series of natural, calamities Superintendent of police, who, for some reason unknown to any body, counter-haul to appeal for help - Before, -Yours, signed the waPannt (which bad never been done before in civil cases), and told the Lion Church, detective that is the defendant was re- siding on the premises of an American

The

J. KIRK MACONACIHE.

May stb. 1521.

done may be of interest to students of'

Chinese affairs.

The Of Yak Shin Toog, a local charit- uble institut more than 5 goers standing and with a large endowment hefore the fratricidal wars begun 1 years ago, did a great deal for the public in 1920 Lotional activities, the institution provided free education to nearly 1,300 children in its $7 sales in the several districts of the city. Through its dispensary, soune 13,142 outpatients were treated and 67,728 prescriptions for medicine filled.

DI TUK SEIN TONG

, a good malice to quit excepting that it sulaject the warrant should Grst be coun

(When the Mixed Court Magis three months' notice, expiring on ¦ tersigned by the American Consul. The

trate learned that the man wanted was March th t because of legislation directions were followed, but, the Ame passed on March 7th the notice beamerican Consal withheld the warrant, and residing on foreign premises, he ordered the arrest could not be carried out. the arrest warrant to be presented to the Consul "concerned for countersignature, matter was reported to the Mixed Court which steps was taken in secordance with Magistrate, who, upon taking the matter Clause is, and no arguments can he rais up with the Consulate, was told that fored against its legality, extradition of criminals the warrant (.)-Upon receipt of the cotematica. should be issued by the Amoy Magistrate tion from the Commissioner of Foreign and that the Mised Court Magistrate's Affairs stating the particulars of the flere," said Mr. warrant in the case concerned was void. case and pointing out that it was pures Of Yak in 1923 buried 403 of the dead j

Mr. Huss prvereded to read from a fet ter sort by the landlord to the tenant ine which 25 hours' notice to quit was given od warning that trants that any dange that might neere will be entirely

.

at your own risk." Russ, we have a Beats Ordianner Thess Mixed Court Magistrate, knowing a civil east, the American Consul should "passed expressly to protect tenants in tinst the American Consul had mistaken have notified the Municipal Council to such circumstances, and they have everyļa civil for a criminal case, reported the arrest the man for investigation, or, at right to remain in curfurt in the premises matter to the Commissioner of Foreign least, Should have countersigued the war until yole Lordship has given your deci- | Affairs that he might that the matter up rant for execution. But the American with the American Consul through the Consul thought is unwise to acknowledze Hion Your Lordship will realise that Üás sort of thing is likely to lead to a diplomatic channel On the other band his mistake in the matter, and allowed breach of the peace and has led to be told Yap Kok Hoo, principal of the the culprit to go away with the charges frenches of the peace in the past. If the Vocational Sebool, to deliver the defend. ¡brought against unanswered. - kandlaal, or vom" of his agents, get killed Fant to the police should he be found on "In short, the errors which the Aue

they have only themselves to thank, the street. Subsequently, Shing happen-rican Consul committed may be sum- The whole thing is contrary to the ideaed to be strolling alone on the road. Ho marised as follows :---" of constitutional law.

was excountered by the teachers and

How .S. CONBUL HAS ERRED.

(3.) The misquoting of the provi sions of the Land Regulations of the Settlement of Kulangsu

#

5

Vaccination was given to 4216 persons and freedical ni were given to £36 maternity cases. During the winter last year some 52 puls of sofs rice uml somp heavy rotton coats were supplied. were prepared for the poor and 1.200

In addition to direct service of its own,

from the Fong Pin Hospital, supplying coins and attending to the interment, including the marking of the graves the like Similar:service, to the extent of 957 burials, was arcorded to the dend without relatives in Canton Hospiri. Kung Yer, Chinese French. Ewong Wah, Tung Chuen, Anny, City, and other Ho pitals. Many ancarul for dead on the battle grounds near Canton were a attended to by the thi Yurth last year. Coffins int without hibour were also s plied to the Fong Pin Hospital last yearj at a total cost of 25,000 mùd to the Yan Chai Hospital. at Hunan, 2400; besides Tls. 200 (about $700) was contributed to wards the expenses of the Canton, C'eme-l

The Oi Yuk Shin Tong conducts several tea depots to supply cooling with hot ten, On this service, and many others too minute for separate record, the Of Yak last year spent more than 84,500.

This association lus five Chinese phy. icians on duty daily to tend to its dispensary service."

In addition to the Oi Yuk Shin Tong in Canton there are many others, souse giving their attention chiefs to famine reliel while others confine their work to floods and other calamities in Cantor aud vicinity.

..

CINEMA NOTES.

THE CORONET.

(1.)-The denial of the rights of the Before the letter of April 7th was writturals of the school, who thereupon Mixed Court Magistrate in the issuancetery Association. ten. Mr. Huss went on to say, the land. delivered him to the police as daty. The of an arrest warrant in a civil case. lord had seat workmen to the premises defendant was conducted to the Muni (2.) The withholding of the warrant who began to erect scaffolding. On the cipal Council and put to jail pending until a protest was received from the 8th April application was made to Mr.further investigation. Later in the same Commissioner of Foreign Affairs...", Justice Gumpertz, for an injunctiva, but evening, however, the principal was sent utan undertaking being given that the for by the Captain-Superintendent, and, work would not be proceeded with the to his surprise, was ordered to share the

(4.) The misunderstanding of his injunetion was not issued. On May 1st fate of the defendant, on a charge of position. (He was applied to for his 'an agent, is the person of Mr. Weuser, having privately arrested an individual, countersignature of the warrant as Ame and a Chinese, came to the premises and Yap denied the charge, alleging that harican Consul, whereas he thought he was abproached as Senior Consul for counter Hoon afterwards two workmen and one bad vuly delivered the man to the police signing a warrant for Rendition of foreman appeared. The lady occupant on duty. Despite all his pleadings, be Crimicals') .. told them they could not proceed with end of life in a jail, where he remained gret over the sad happening, and hope was forced to undergo his first experi We hereby express our deepest re- the work. The foreman told the men not for several hours before his freedom was with the truest sincerity that the to take any autice of this objection. The restored. Shing was also released with Amarican Consul, who has been so po- Judging from the hundreds win haste Indy rushed round to her solicitors and

out bail.

pular bere, as every American diplomatic already seen The Hunchback of Notre when she and Mr. I. C." Lee. returned

officials is popular in this country be-Dame one would imagine that every "The case has been submitted by cause of the sincerity and good will of vinema-goer in the Colony has visited they found the workmen hammering and cable to Peking by the Mixed Court people, "will consider it inadviseable to days were it not that, after it record/

the United States Government and the Coronet Theatre during the last few a large question of the plaster had been Magistrate and the Commissioner of brought down. To him it appeared to Foreign Affairs and the matter has been Kulangs by refusing to countersign an ever. Possibly the crowds who are fock-

set a precedent in the Settlement of run, the picture is still as popular naj ben very deliberate attempt to make the beld in aboyance The defendant Shing arrest warrant of the Mixed Court issued ing to see this wonderful film version of

Nao Tien "ik", still beating the air of premises look dilapidated 30 that the

freedom.

for the arrest of a Chinese involved in Victor Hugo's romance include many Pulstic Works Department would make Let us now go into the matter mora

a civil case.........

people who rarely visit the movies; eer- au order in favour of the landlord. He fully and find out box the American Let us now turn to the action of the tainly they include scores who have seen foxidered it to be a deliberate mala fide Council have

Consul and the Kulang Municipal Kalanga Municipal Council The Captain it once and who have returned to see it erred. The American Superintendent charged Yap, the plain- second time, such is the glamour of act and one for which they were entitled Consal deficed his position for refusing tiff, with having encroached upon the the fascinating story, the great acting to very substantial damages.

to counter sign the warrant by maintain freedom of an individual by arresting and the splendid staging. Evlenes for the plaintiffs was thening that, according to Clause 14 of the him, but he overlooked the fact that called..

Land Regulations of Kulangso, which Shing, the defendant, was delivered to The Olympia Follies," a company of **MERELY TAPPING 70H WALLS." ·

dealt with the "! rendition of criminals," the police on duty. The Captain highly talented variety artists, beaded by Mr. E. V. S. Brookes submitted that a warrant should be issued by the Amey Superintendent committed a grogs mis- Mr. Hamilton and Miss Mills, society th: Bench had no jurisdiction to grant an

Magistrate and sent to the Senior Consul take in having illegally imprisoned Yap entertainers, have arrived here, following injunction and that the plaintiffs were

for countersignature, the Mixed Court without substantial evidence to prove his lengthy successful run in Shanghai and not entitled to damages. So far as the agistrate having no power to issue a charges against Yap. Furthermore, he Manila, and will begin a season at the second point was concerned he should

warrant. Here it will be observed that had no right to release, bejare trial by the Queen's Theatre on Saturday night. contend that the notice, vrás good, and

the American Consul was wrong for the Mized Cour, a man arrested by the polios Hamilton and Mill have a wonderful and for when a warfant, had been pro-selection of the latest, London and New that in Common Law, apart from the following reasons, Statue, if he gave notice to quit and the

(1)It was clearly stated on theperly issued with the statement that the York Jazz songs and ballads. Their duet tenant did not get out, the landlord was

arrest warrant issued by the Mixed man was wanted on a civil charge. If Tuck me to sleep in my Old Kentucky perfectly right in taking the roof from Court Magistrate that the man was to be such warrant could be denied, the Home has proved a great, hit. Miss over his head.

arrested on a barge of indebtedness Mixed Court would be a nuisance on Mills has an excellent lyric soprano Mr. Russ pointed out that bis clients unpaid. These phrases aufficed to show Kulangsu. Buch denial would also mean voice. Their repertoire includes a song wore Statutory tenants,

that it was nothing more than a civil non-recognition of the Land Regulations specially written and composed for Hong- Mr. Brookes: That shows my netionense, pure and simple. In civil cases which were drawn up by China and the Long entitled: "Come round Hongkong was justified in Common Law. It is for where Chinese alone are involved, the Powers concerned, and which provided with us, boys." Hamilton and Mills had Bfr. Russ to show that it was not justified Mized Court Magistrate is authorised in for the constitution of the Mixed Court the honour of being the first artists to nador the Statute.

issue, and has been issuing, arrest war. and defined its functions and powers."

broadcast their songs through the radio. recoverable for reasons which he would present ease both the plaintif and de- American, Consul and the Kulangsu from the roof of the Robert Dollar Build- later submit even if his Lordship was fendant are of Chinese nationality and Municipal Council meant to disown the ing in Shanghai, and their songs were against him, he submitted that the dam-Kutlangsa. Consequently the issuance of the only organ to express the will sway. The Company includes a vivacious are residing in the Settlement of institution of the Mixed Court, which picked up by passing, steamers 300 miles ages claimed were excessive.

The landlord, giving evidence, said that the arrest warrant by the Mired Court of the sovereignty of China. and to look little serio artist, Helen Bachinsky, the workmen, were merely topping the Magistrate was hat in the least inconsist-after the immediately interests of the classical dancer and the well-known Jan. walls to ace if the house was sound.

ent with either usage or law.

Chinese residents, our duty demands that | Domaradzky. Their dancing is said fo His Lordship reserved judgment,

we should raise a protest against them. be sensational in the extreme,

!.

́QUEES'R THEATRE

Damages, Mr. Brockes added, were not rants, as laid down in Clause 12. In the "As the present illegal action of the in China. They sang into the transmitter

(Colinadd at look at meet column,

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