1927-01-07 — Page 5

Page

KWANGTUNG KUOMINTANG.

LABOUR DISPUTES

STILL CONTINUE.

DEFEAT OF THE EXTREMISTS.

FIGHTING BETWEEN

ル

FACTIONS."

IMPORTANT POST FOR GEN. | ATTITUDE OF THE AUTHORI-

LI THAI HSIN.

[PROMOUR CHINZeZ CORRESPONDENT.].

TIES,

THE HONG KONG DAILY PRESS, FRIDAY, JANUARY 7th, 1927.

[FROM OUR CHINESE CORRESPONDENT] |

THE 500-DOLLAR Mr. Potter: Absolutely, my FIGHT AT GIN DRINKER'S

NOTE CASE.

APPEAL CASE BEFORE

FULL COURT.

ARGUMENTS CONCLUDED.

QUESTION OF MATERIAL

ALTERATION..

To feud between different tas The recent election in Canton of ions of the labour party in Canton Legal arguments by counsel on an Executive Committee of Blteen | is still unsettled, but fighting has both sides were "heard at the by delegates to the Provincial now been transferred to the oat Supreme Court yesterday by the Kuomintang Convention has result-skirts of the City. In Fatshan thess Full Court, comprising the Chief ed in the defest of the Prince "terning themselves anti-Reds" Justice (Sir Henry Gollan) and the Clique. Mr. Sua Fo, son of the late have gained the upper hand and Puisne Judge (Mr. Justice J. R. Dr. Sun Yat Sen, and his uncle, have taken down the sign-board of Wood), sitting together in Ap- Mr. T. V. Soong, were not elected, the Workers' Delegate Conference, pellate Jarisdiction to hear an General Li Tsai Hain, Commanding a subsidiary organisation of the appeal against a judgment deliver the Army in Canton, a known ops Communists,

ed by Mr. Justice Wood, in which ponent of the extremists section of

he held that the Hong Kong and the Party, has been elected chair.

Shanghai Banking Corporation man of the Kwangtung Kuomintang

were liable to pay out on a mutilat. Executive Committee.

ed 3500 bankzote from which the numbers and date were missing.

Mr. Eldon Potter, K.C., was for the Baak; and the respondent, a Chinese warnan, named Lo Lai Shi, set Fitzroy. was respresented by Mr. H. Somer-

The Canton authorities now seem to be taking a more just stand in the disputes between employers and employed. At one time the declara tion of strike meant a blockade Wild Accusations.

of the particular trade concerned Bolshevists in Canton have been and cargo arriving for the differeat denying the asti-Red" accusation firms-was often seized by the Union that the poisoning of some fokis, as "contraband." Now the Canton by a cook belonging to the "Red "authorities will order the goods :0} section, at a household at Si Fai se sent back to their owners. In Lau Street, Canton, is a work of the case of the China Merchants intimidation. A rumour

current Steam Navigation Company's ves among the more ignorant Canton sels, however, which have been Workers is that that any one failing to join the union covering his oc- cupation will be done away with by the Reds Since the fracas be

tween the two sections of the work

ers- Reds" and "anti-Reds" in Canton, a good deal of violent and threatening talk has been heard among the working class. There is little foundation to the charges and counter-charges in which both parties indulge..

There is no confirmation of a re- port current in Canton that the Owners of a large departmental store there are negotiating its sale to an American concern in order to avoid the constant menace of labour. tyranny. A large departmental store has scores of lines of merchandise and every department head and most employees are connected with In one labour union or another. "the course of a year a large-con“ cern is never able to keep fee of

seized by strikers the Kuomintang have not yet had the courage to interfere and the cargo is still at the mercy of the Unions.

People in the Swatow district are asking the Kuomintang to protect their

During the morning sitting of the Court, his Lordship interrupted Mr. Potter on several occnsions and expressed an opinion at variance with Mr. Potter's

At the afternoon sitting, Mr. argument of Mr. Potter, and r Fitzroy replied at length to the Potter also replied to his oppon- ent's arguments. The hearing of the appeal was concluded, and the, Court reserved judgment..

D

material alteration, Mr. Potter said Dealing with the question of a it was not a question of anyone nankeen cloth trade exempting it from the surtaxes. changing

by being misled, or a question of Nankeen cloth finds a good market thing to another," but it was a document from one in Korea and Japan but the recent material alteration if it affected the purpose for which the instrument disturbances aud the heavy Kuomin- was created. He cited the Master tang imposts are killing the "busi.of the Rolls, who had held that the alteration of a material word was sufficient to void a note.

nesa

Labour Union pickets are closely watching the Tung Hing street dis- trict in Canton, one of the centres of the retail oil trade, in order to prevent the shop-keepers from doing business during the strike of folis The stoppage of the trade is caus- ing considerable hardship among the poorer classes who usually buy their oil daily in small quantities.

Visitors to Canton now find most of the principal hotels closed to them

A Material Part.

Lord. If the unfortunate person of the other side is precluded from recovering on the note itselt, then she can recover on the original con- sideration.

The Chief Justice remarked that he did oot think that would help the respondent greatly in that case,

the

WAS

BAY.

CHARGES AGAINST FOUR PRISONERS.

A RAID THAT FAILED.

Kwai

Gala of a Eat, Taking Mr. Potter up on another.

The story of a sharp fight at Uin point," the Chief Justice said that Drinkers Bay was related at the assuming a rat ato its way into a

Kowloon Magistracy yesterday desk where a note was locked up,

when four mea were charged with and ate away the numbers and the offences arising out of an attack date, would Mr. Potter say, alona dinillery in that detectable though there was no negligence, neighbourhood. The manager of the

Wo Loong distillery in and although the holder had done everything he could to keep the note Chung village got wind of the jus safe, that

document

tended attack and was able to warn materially altered without the as-

the police in good time. sent of all parties, and that there- The Art defendant was previous. lore, under no circumstances, they employed in the distillery and Bank could say "We won't pay left there at the beginning of the this" sad decline any responsi- strike in 1925, but returned in Octo- bility No. ease, added the Chief ber the same year and remained till Justice, had gone as far as that. the end of last year when he was Mr. Potter replied, that in the discharged because of some trouble case under consideration the altera with other foki After his dis tion, obliteration, or whatever it charge be paid a visit to the place might be, was in fact caused by with six other men whom it would negligence while in the actual cus appear that be brought to recon- tody of the holder.....

noitre the place.

The Chief Justice remarked tha: Mr. Potter said under the words of

Section 64, as he had just put it. the Bank would be able to say they had not produced a document in a certain form, which meant it was not recognisable as a numbered 'note. and therefore they would be justif ed in refusing to pay.

prepared to say that, and quoted Mr. Potter agreed' that he was authorities.

Mr. Fitzroy Beplies.

vanced by Mr. Potter, Mr. Fitzroy Replying to the arguments ad- dealt at length with the question of the materiality of numbers, and judgments and cases in support of quoted many legal authorities, his argument.

The Attack and Defence.

and a large party of police under On December ad, the master Inspector Fallon arrived at the dis- tillery at 6.30 p.m. in anticipation of the attack and Sub-Inspector: Andrews posted his men all round the distillery. Sub-Inspector "An- drews bimself stayed in the master's policemen. Nothing happened until room with the master and a few

9'p.m. when a junk, without any lights, was seen to come alongside

them tried to enter the rooth in the pier, after which six men ap proached the distillery, Three of which the master was supposed to sleep. The Arst fired two shots at

BRITISH

..

MADE

ELECTRIC

HEATERS COOKERS & IRONS

"FALCO SPRITE"

100 AND 200 VOLTS

HEATERS

STRONG, Wira CAST IRON SURROUND AND PLATED INTERIOR

$20 each.

ELECTRIC BREAKFAST COOKER

and GRILLER 200 Volts BOILING PLATES

0

DOUBLE VOLTAGE TRAVELLERS' IRONS

100/120 to 200/250

VOLTS.

HARDWARE DEPT.

$20.00 each. $14.50 each.

$15.00

EACH.

Sub-Inspector Andrews who Lane, Crawford, Ltd. PHONE &. 4567.

re-

turned the fire and shot him dead.

The second man ran off but turned During his address he said the round to ire at the pursuers." numbers of the Bank of England third man tried to get on board The Notes were entered in a register the junk, but was shot by Sub before they were issued and checked Inspector Andrews. In the mean- up again when they were returned time the rest of the police party From the evidence of Mr. Towns, had joined in the struggle and appeared that none of the notes killed, four of the junk's crew. issued by the Hong Kong and One of the attacking party-the Shanghai Bank were checked. They No. 1 defendant is is allescu, whe were only entered up when issued. caught behind some oil drums and in his hand were a small dagger, gags and wires.

Referring to Mr. Justice Wood's judgment, Mr. Potter said he had found that the number of a bank note was a material part, and once it was conceded that the number The Hong Kong and Shanghai was a material part, then the law Bank," said Mr. Fitzroy, are was clearly laid down that an al- claiming all the privileges of the teration to such a number was a Bank of England, without accept- ted that if their Lordships found material alteration, and he submiting the responsibilities." that the erasure was a material alteration, then judgment should

be for the Bank

One of the points they had to

that it could not be elained that Mr. Fitzroy therefore contended the number of the Hong-Kong and Shanghai banknotes were material, but the numbers were material with

Fight in the Dark. Sergt. Goodwin in evidence dea-

ing his torchlight about the berch cribed his fight in the dark with one of the attackers. "He was flash.

when he heard a shot fly past hiri. He changed his position and fired at the direction of the attacker who were missing from the note were Therefore, he submitted the Hong then he would submit that it did f be voided by the Bank material. If the Court said Yes," Kong and Shanghai-note could not a nullah. Sergt. Goodwin guess- ed that and fired into. the nullah not matter whether it was donej

and killed his assailant The Chief Justice, pointed out Potter then quoted from a

Capture of the Junk. case interation of the note was material. When the junk came alongside

all the strikes-so the complaint owing to the strike of the attend decide was whether the parts which regard to Bank of England Notes.in the meantime had taken refuge

goes.

Wireless Station Out Of Action.

ants.

A number of pro-Bolshevist labour

As the increase in wages demanded ranges from 80 to 200 per cent. a number of the hotels have

unions in Canton yesterday tried absolutely refused to negotiate on accidentally, or intentionally, Mr that the point was whether the al- to wire Hankow sympathizing with the subject. The smaller hotels are which it was laid down that where Referring to a"legal authority, his the pier the sails were up and when the anti-British movement there able to carry on as usual as they one had a negotiable instrument or Lordship said that if the alteration the six men went into the distillery.

are run as family affairs and employ guarantee the duty was upon the holder to preserve it intact that was, to preserve it intact in a material way.

They were greatly disappointed to find that the new radio station which was to have been opened on Jan, let was not working, and they are clamouring for an investigation. General Li Tsai Hsia has asked the contractors- erecting the plant and furnishing the equipment for an ex- planation, as the agreement includ- ed a service between the two prin-

few servants.

f

THE NEW C.-IN-C,

ADMIRAL, SIR B. Y. TYRWHITT.

Sir

Reginald

rendered it ineffective for business purposes then it was a material alteration.

After further argument, the Chief Justice said that personally he had always understood that banknote was an ordinary promis sory note.

2

Mr. Fitzroy quoted the legal au thorities and agreed that a bank note was nothing but a promissory note.

The Chief Justice: There is no particular virtue in a bank note. t is a form of procissory note.

It was pointed out, on reference legal authorities, that there was distinction drawn between bills of exchange and banknotes. The former could be traded as cash, and the latter as promissory notes only. Washed, Starched and Ironed.

it did not move away. But im- mediately the first shots were heard from the distillery, the junk sailed away and was chased by the police lauach which overtook it in about half on hour. The police fired five shots altogether before the junk stopped. On board, the police found the second, third and fourth defendants who had no weapons on them but wires, strings and gaga

were found in the junk.

The next day a further search was made, when the tide was low, and the police found wire, a revol ver and a chopper on the beach

Asked whether they admitted the charge, the second, third and fourth defendants said that they were am- closed on board the junk, while the First defendant said he did not take part in the attack.

p.m. to-day,

Comment by Chief Justice. Referring to Section #1 of the Ordinance, dealing with altera tions, the Chief Justice asked: Would you deny that the court has the right to ask itself what the DELAYED IN ARRIVAL.

intention of the legislature is as to the agency. The wording of the section does The new Commander-in-Chief of the alteration is performed. Then not lay down by whom cipal Kuomintang cities-Canton the China Station: (Vice-Admiral there are the words "without the and Hankow." "

York: Tyrwhitt, consent of all parties liable on the

bill." Is it not possible to argue to Mr. Loo Min, Managing-Director K.C.B., D.S.O.) in succession to that these words are intended to of the "Chinese Section of the Can-Admiral Sir Edwyn Alexander limit the alteration to cases in ton-Kowloon Railroad, on January Sinclair, K.C.B., M.V.O., was de- which the assent of all parties -5th, took charge of the Canton layed in his arrival bere

might have been given? It is in my mind that accidental alteration Samshui Railroad also.

The P.. is. Murea, in which not being one to which the assent the new Commander-in-Chief in of all parties could be obtained, is ¦ After considerable technical and travelling to Hong Kong, was due not within the provision of these legal, argument, on Section & of here yesterday afternoon, but was words.

the Billa of Exchange Ordinance, | delayed by fog, and had to anchor Mr. Potter replied that the words and materiality of alteration, Mr.

outside the Harbour limits, of

"without the consent of both Fitzroy submitted that the note in

gave instances in which seals, Wagland, for several hours.

was in his view the pre- question had not been materially material part of deeds, etc., had parties

altered at all. Without question it Sir Reginald is not expected to servation of the common law rule had been washed, starched and iron-been destroyed by mice, or such ac land antil this morning when be tiff was entitled to prove and lead-ed, but there had been no intention cidental means, and yet they still

that it was one of the things plain-

held valid in law. ing authorities were of the view that the rigour of the common law increased in that the plaintiff must prove it. Alteration was taken to EGYPTIAN AND INDIAN mean prima facie the voiding of the

MAGIC.

instrument. If proved that it was done with the consent of both TRANSFORMED. INTO A Parties then it was all right. If the

CHICKENT

THE HONG KONG-CANTON

SERVICE.

CANTON NAVIGATION_COM-

"PANY RESUMING.

The .. Charler Hardouin and 2.5. Paul Beau, of the Canton

Navigation Company, Hong Kong,

will officially take over command of the Chion Squadron

went into dock yesterday for over- hauling in preparation for the re- MAN sumption of service between the

CIRCUS, Jako's Circus will give a special programme on Saturday prior to leaving for Canton.

two porta within the next few NEW PROGRAMME AT ISAKO'S weeks. These boats have been idle since, the start of the anti-British boycott in June, 1928, and were un- able to return to their regular run upon the ending of the boycott on October 10th last owing to

"

alleration. was accidental but the

to alter it, and in order materially to alter a note, they must have in- tention to do it. There was no in- tention in this case. The Puisne Judge had said in his judgment that there had been no alteration, but a certain amount of this note had been taken away.

The case was adjourned to 215

mitted that the contract had not

In conclusion, Mr. Fitzroy been materially altered in this case.

·an

M. Potter Replies. Mr. Eldon Potter replied at some length. He said that it was too The Chief Justice: Damaged so serial number of a banknote was late in the day to argue that a as to involve a material alteration. not material. He beld it was. result of the negligence of the cut Mr. Fitzroy: No, my Lord. doctrine, it did not avail him toding, then, under the equitable Damaged not to materially alter. Hong Kong and Shanghai Bank to The contract on the part of the His Lordship tommented that in Under Section 64 the learned judge pay 8500 was upchanged as a con- the authoritica quoted by Mr. found that the note had not been tract, but there had been Potter, the cases had been different materially altered at all. When a erasure, which it would be for the to that now before the court. The note is materially altered it means Court to find, whether it constitut alteration in Mr. Potter's casca, al when one hus substituted something ed a material alteration and be held The 50th anniversary of the custodian, had been done by Mr. Fitzroy contended that it had was a material alteration, then the

though done without the consent of for something else.

they must find that it was. Im- In answer to the Chief Justice. mediately the Court found that it Lesko's connection with circus life an unauthorised human agent. The been proved that it was a genuine contract as voided. failure of the Company and their will be celebrated on Saturday and authorities did not here there note, and the words, promise argued that if a single line or word

Sunday, when matinees will also be say that a bill was void where creditors to come to an age given for the children at 3 o'clock had been purely accidental alterato pay were still on it. There which was material was altered,. was no question of fraud in this then the instrument for business Continuing, Mr. Potter said a case. Payment could be enforced purposes was voided. test for a bankhole case was by law on production of the entire ment, he contended, had lost its the number a material part of the note or on proof that the part which liability as a business instrument. document ?"

war wanting had been destroyed. The entire character of the docu- Plaintiff bad proved that this was ment bad been altered. It was im

potes, and that the part which was portant in all contracts that they wanting had been destroyed.

should remain in the same state, without alteration, obliteration. or erasure, u when issued.

ment,

the

Yesterday the officials of the Com- pany stated that all creditors have agreed to the restarting of the ser- vice, leaving the settlement of dis putes to a later date. From other sources, it is learned that these bosts may be the first to return to the pre-strike fares.

in the afternoon,

A feature of the new programme will be conjuring tricks and feats of "magic" by Mr. Iako himself who will give his full repertoire of Egyptian and Indian juggling.

Hr. Isako will make his pets vanish before the eyes of the public. He will also transform a man inte

chicken.

All the other artistes in the circus will have new items to offer.

tion.

The Chief Justica:And once you have done that there is no more

Mr. Potter: Not in this case, my Lord; the date.

The Chief Justies: Assuming the alteration is material, then, in a achse your case provės itself?

44

Mr. Fitzroy then went on to fur ther argiment and quoted various cases bearing on his argument. He (Continued on next Column).

Mr. Potter

This docu-

At this stage the proceedings ter minated judgment being reserved.

COLGATES

COLGATE'S

ECLAT

ÉCLAT

ECLAT

SOAP

AND

POWDER

THE TWO SUPREME TOILET LUXURIES.

SOLE AGENTA :

HONG KONG TRADING COMPANY.

THE NEW

"VIVA-TONAL COLUMBIA

LIKE LIFE

ITSELF

AT

CALL

AND HEAR

IT

ANDERSON'S

What is Good Printing?

We are always ready to submit of our Typography, examples of which will substantiate our claim to be producers of Good Printing. Place

your next order with us and ensure entire satisfaction.

Kelly & Walsh, Ltd.-

CHATER ROAD.

HONG KONG