1926-07-15 — Page 4

THE HONGKONG DAILY PRESS, THURSDAY, JULY 13TB, 1926

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-18-YEARS-SERVICE.

With regard to the death of M¬AW Grant, M.A., reported recently, the fol. lowing reference appears in the current issue of the Yellow Dragon, the Queen's College magazine :-

"The news of the death of Mr. A. W. Grant at Brighton, England, will be fe- ceived with deep regret, not only by his friends and colleagues in Hongkong, but by many of the members of the Q.COB.A

COURT OF APPEAL.

THE LANDLORD AND TENANT CASE.-

"JUDGMENT RESERVED.

singular

position

YAS

Counsel said that the two cases` ware Every dinerent, Theagent in that care. had direct authority to take something away In the case before their Lordships the rent collector bad authority to do rothing except collect the reat. He had no authority to take anything away.

Potter carried the argument nearer

A further created yesterday, during the resumed home to the affairs of the avarage Hong- hearing of the case at the Appeal Court,kong citizen. Suppose that an agent of before Sir Henry Gollan (the Chief some firm, calling at any office to collect Justice) and Mr. Justige Wood (the from an employee certain debts, was The case is that in unable to collect them and therefore took Puieno Judge). which a Chinese landlord is appealing away or damaged certain property, could for the abrogation of a judgavent do it be held that the collector's employer livered at the Summary Court when was liable? I a master was 'liable in cases of this sort it might just as well be held that the master was liable in evory case brought before the court.

It is curious that information regard- ing the development of the Aeronautic Department in Canton should come by way of Shanghai. According to messages recently received a regular passenger and mail service between Canton and Swatow, with two trips every week, will be opened on July 19th

The Asiatic News Service is responsible for the somewhat startling announcement. A message issued from Shanghai says:-

"The Aeronautic Department in Mr. Grant was educated at Aberdeen tenant of his was awarded $400 damages Canton has decided to make use of and at Pembroke College, Cambridge for alleged trespass on his property by aeroplanes for the conveyance of mail where he took his B.A. degree in mathe and passengers, and has already fixed matical honours. He

The case for the respondent, who was

No express authority had been proved four routes. The main Station in junior assistant master at Queen's Col-

as having been given to the agent to do Canton has been repaired and improv lege, Hongkong, in July, 1986. He be ed, and sub-stations are being built in came senior assistant master in July, 1901, unrepresented, closed on Tuesday.

When the case was resumed yesterday the alleged acts, and it could not be im- various districts. The line between and was master-in-charge of the Police

morning, Mr. Eldon Potter, K. (plied authority because "it did not come Canton and Swatow is ready for ser- School in addition in 1906. vice, which will commence on the 19th He acted for some time as Director structed by Mr. H. C. Macnamara, within the scope of the agent's employ. July. There will be two trips every of the Technical Institute, and was ap- week. A special stamp will be sold for pointed second master at Queen's. Col- opened his case for the appellant. After ment. all parcels and luggage Brought by the lege in 1913. For some months in 1918- Counsel had extensively quoted the law, passengers. When the construction of 1016, he was acting headmaster. He had. the stations for the other three routes are completed, operations on them will commence immediately."

NORTHERN AIR FLEET.

The same News Agency also circulates a message from Peking, dated July 1st, regarding the development of a large air fleet by the son of Marshal Chang Tso

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General Chang Hsuch Liang," it states, has decided to put into opera- tion an extensive plan for the organi sation of a large air fleet. He has already six squadrons, under the de- signation of Flying Tigers, Flying Leopards," Flying Eagles, etc. but he desires to add eighteen more..

Marshal Chang Tao Lin bas ap- proved his son's scheme, and will de-

Was

sppointed a representative of the landlord.

A NEW POINT.

At this stage the Chief Justice pointed to retire from the Government Service for basing his arguments on the fact that no medical reasons on September 22nd, 1917. implied authority could even be given put to Mr. Potter that before the case "He was not only a good mathema- to a rent collector because it was not had been heard in the Summary Court, tician, but he took a great interest in the within his scope, the Chief Justice sum- there had been no repudiation by, the games at Queen's College, and for some

door, On January 19th, the tenant's years was secretary of the Hongkong marised Mr. Potter's argument and had landlord regarding the nailing up of the School Sports. For his own amusements it interpreted to the tepant

The tenant said that it was admitteed solicitors had distinctly charged the land- he was fond of chess and billiards, and won the billiard bandicap open to mem- in the Summary Court that the reat lord with trespass. In their reply, the bers of the Hongkong Club in 1910."

collector had full authority from the land-landlord's solicitors made no answer to

tha charge..

HONGKONG DISCOVERED.

WHY SHANGHAI MAY BEGIN. TO BE JEALOUS."

Hongkong has been "discovered

vote a large annual sum of money for the literary world, observes the the enterprise. The aeroplane station

by

lord.

1

The depositions were referred to, but such an admission was not found to be contained in them. The correspondence which had passed between the parties solicitors was also perused.

The Chief Justice then called Mr, C--Potter-a-attention-to-a letter written by

The land

Mr. Potter replied that there was not jot of evidence that the landlord knew anything about the door being nailed up before the 19:b. Counsel further com- plained that nothing bad been said er this previously.

The Chief Justice: It is unfortunate. that plaintiff is not represented

Mr. Potter: Had he been legally re- presented by Mr. McCallum, I am sure he would never have raised that point, because he never argued it before. I am

The Chief Justice: Every point on placed in a dificult-position..

His Lordship said that the landford behalf of the plaintiff should be found,

at Mukden will be repaired and extend- Daily News. If things go on like this the tenant's solicitors to the landlord's ed, and a large number of new planes we in Shanghai shall begin to get jealous, solicitors on January 19th. will be ordered from Earope

General Chang has selected a large piece of ground at Fuhsinchun, Tien- tsm, for the construction of the chief station, and a large number of labour- crs are busy in the construction of roads and building. It is expected that the work will be completed within the space of one month."

TSÁO KUN.

THE EX-PRESIDENT OF CHINA.

HOW HE SPENDS HIS LEISURE. (driatic News Service.)

PEKING, July 3rd. Since his departure from Peking, ex- President Tsao Kun has resided in the Kuangyuan Gardens. He occasionally pays a visit to Marshal Wa Pei Fu, and sometimes walks in the public gardens dressed in foreign costume,

He passes much of his time in the Anang Yueh Temple, and in 'company with Buddhist monks talking about Buddhist, mysteries. He delights in prac- ticing spiritism" with necromancers, peering, into the unknown, world, and be- friends many prominent members of the Tungshashsin

First came Somerset Maugham's repulsive lord was definitely challenged with having effort "The Painted Veil" then "The nailed up the door and closed the pre- Uncharted-Sea by an author whom, for mises. In their reply the landlord's the moment, we forget, and now we have solicitors expressed willingness to open

The, Dew on the Leat," by Mary" Lein- the premises. ster. All three novels, following close

Mr. Potter submitted that he need only deal with the point regarding the nailing of the door. The taking away of the goods. had not been ratified by the letter which bis Lordship had quoted

on each other's heels, deal with the had known of the closing of the premises, and we hold that you have a case, to people of Hongkong and their supposed and had not denied the charge preferred answer, and that you have to answer it mode of life. Really, we are surprised. against him by the tenant. Their Lord-as a whole. If we are to judge the Southern Colony ships had therefore decided that Counsel from what the novelists say about it, we or the appellant had a case" to answer. have a regular little Rabelaisian commu. Mr. Potter objected to the point, be nity living almost next door to us, and cause it had not previously been raised, we never even knew it. Indeed, our im. He pointed out that he would have to pressions of Hongkong in the past have re-open the case from an entirely new been quite different. We have always aspect and that he knew literally, and pictured our neighbours, as nice, quiet absolutely nothing about it."

After conferring with his client, he said and respectable English folk typical-of England's

The Chief Justice replied that Counsel would have to deal with all the points.

COUNSEL BEWILDERED,

Counsel: What is my position? I know Suburbia," having all the that he had in a short space of time nothing about it, literally and absolutely virtues and all the vices of "Saburbia" learnt something, and began re-opening nothing.

his case atrash

"Certainly we never suspected them of

MASTER'S LIABILITY. this almost Continental naughtiness,

When the case was resumed yesterday. compared with which the unkind things often raid about Shanghai look quite morning Mr. Potter outlined his case for He quoted several in the appellant. mild. Can-it be that in comparison with Hongkong we are the really and truly respectable community of the East. But teresting cases and held that what the there, even if the novelists neglect us rent collector did when the rent was not He has promoted an association for the newspapers do not, and when the forthcoming could not be held to be the propagation cf Buddhism. The in- worst comes to the worst, the Hong- auguration ceremonies of this association kongite as painted by the novelist is directly incidental to his work of rent took place on June Seth in the Kuang infinitely preferable to the Shanghai collecting. Yueh Temple, when more than 1,000 high denizen as painted by the Homeside military officers were present The ex- newspapers and magazines, who call President delivered an eloquent, speech, their "knowledge" from passing tourists after which there were theatrical perform and penny-a-liners."

nces for the enjoyment of the distinguish- ed guests present.

ALL ABOUT HAROLD.

THE WELL KNOWN FILM ACTOR

AN AMUSING "CHARACTER

SKETCH."

An enterprising American agency fur nishes us with the following facts con- cerning Harold Lloyd, the film comedian who now rivals Charlie Chaplin in popularity.

Do you know, they aski

That Berold's middle name is Clayton That a toss of a coin decided his

KIDNAPPING CASE.

BOY WHO REFUSED WOMAN'S OFFER

DRAGGED INTO TRAIN.

If, in ejecting a passenger who would not pay his fare, a bus or tram conduc tor used a little more "force than was necessary and injured the passenger, then, said Mr. Potter, it was obvious that the bus or tramway company would be liable it the conductor was invested with such powers.

r

"SPANKING A BOY.".

When an employee committed acts which he was not authorised to do and The story of how an eleven-year-old which were not directly incidental to his Chinese boy was dragged into a train work then there were plenty of law cases at Taipo, and brought down to Hong kong was related at the Central Magis showing that the employers were not tracy yesterday, when a Chinese woman liable, said Mr. Potter. He quoted a

as charged with kidnapping.

case in which a bar tender had handed

tater.

The Chief Justice: That letter infers that you knew.

Counsel: It'ia a most amazing position in my point of view.

After. Counsel had spoken to his client, be informed their Lordships that the landlord had sent for the tenant the day.. after the door was nailed up and had asked him to go back to the premises, but, he had refused.

Mr. Potter, referring to the Chief Justice's summarising of his (Counsel's) contentions to the tenant previously, said that he thought his Lordship was telling him that there was something in the argument,

The Chief Justice: There is always something in your arguments, Mr. Potter, (Laughter.)

Mr. Potter: I am very much indebted to your Lordship. (Laughter.)

Counsel then proceeded to re-open his case,

and after outlining it, called evidence.

EVIDENCE FOR THE APPELLANT,

The landlord said that the rent collec-

The boy's disappearance was reported

to the police a man whom he accused of tor, who was responsible for the nailing district La the police at Taipo, and watchman traced him to the house of the trying to pass a false coin. The Hotel up of the door of the premises, had no defendant at Second Street, four days in an action for damages brought by the Instructions from him to do so. That there are no lenses in the spec.The boy said that he had been draggel man so treated was held to be not liable,

to the train after he had refused an 25 such an action was beyond the That Lloyd is a serious-minded boy off offer by the woman to be adopted by of the bar tender's powers. the screen

ber:

caroer 1.

tacles he wears on the screeň 1,

“scope

The rent collector said that his instruc tions from his master were merely to collect renta. On the night of January

That he is a magician, mind-reader, Pefendant denied the charge, and

Mr. Potter also caused amusement by 18th last he was informed by telephone chess fiend, acrobat and specialist in case was adjourned for further evidence referring to the case of a tramway con- that goods were being taken from No. make-up to

That he believes sincerity the keynote.

to which most audiences respond? That his chief hobby is dancing↑ That he blushes easily 1

That he is modest and unassuming? That he never thought he'd be famous ! That everyone at the studio considers. him a prince because he never wants to

ductor who was empowered to keep little 346, Queen's Road West. He had no boys away from the footboard and who instructions from the landlord as to what

ALLEGED INDECENT ASSAULT.one day chased a boy whom he thought to do, as he could not find him; but

"HAPPY VALLEY: INCIDENT.

Before Mr. I E.. Lindsell, at the hog the show or take credit from anyone? Central Magistracy yesterday morning,

had been sitting op the footboard, accompanied by two fakis he visited the “spanking" him when he caught him. premises. He found that practically The Tramway Company were not held everything had been removed. Witness as liable because the conductor was not denied that he and his fokis took away. anything. He further denied" having

because the premises were

That people seldom recognize him with A. H. Harteam, living af No. 11. doing anything incidental to his duty ken anything. He nailed up the door

out his glasses?

That he sold pop-corn, ushered, did bits in stock, went to high school, and taught in acting school all in a day's work!

That he was an extra man and left a certain studio because they eat his splary from 85 to $3 fol

That he keeps in trim physically, reads a great deal, plays hard, works hard and takes his rests in New York 1

That bis hat is the same size to-day. that it was seven years ago1

TWO CONSTRUCTIONS.

Taiwong Street, Wanchair and Hajee when he left the car to pursue a boy." Mahomed Ismail, of No. 13, Sharpe Street, were summoned for indecent assault, the complainants being two Chinese ladies. The incident complain cd of is stated to have occurred on Wed nesday last, after nine o'clock, at Happy Valley, A**

Mr. W. B. Hind appeared. to defend Haricam,while Mr O'Donoghue repre sented the other defendant

It was intimated that one of the com- plainants would like to engage a solici journed until Friday, at 2.15 p.m.

bis master's instructions be

The Chief Justice referred Mr. Potter tenant next morning, and informed him to the case of Dyer and Monday in which that he could return to the house if he an agent of the owner, not being able to

get possession of a bedstead which had paid the rent. He replied that he had been lent out, assaulted the man who had no money to pay the rent, borrowed the bedstead. The Chief

The two foru gave corroborative. Justice remarked that in spite of the

evidence.. assault being illegal and therefore that the owner of the bedstead could not legally have Kathorised his agent to com,

We did not know all these things and for, and the case was acccordingly admit it, the court had held that he was

cro obliged for the information.

liable for damages. B

Alter Mr. Potter had delivered his final address, in which he submitted that the. landlord should have judgment, on all pointa, judgment was reserved.