1928-05-17 — Page 5

CANTON QUIET.

5 MINUTES' SILENCE FOR TSINAN CASUALTIES,

ATHLETICS TO, REPLACE POLITICS FOR STUDENTS.

PROM OUR CHIMESH CORRESPONDENT. }

CANTON, May 18th. Canton is quiet, despite all talk of an anti-Japanese boycott. One of the Chinese officials agreed that

CHANG TSO LIN'S

TELEGRAM.

THE FULL TEXT.

ORDERS TO HIS "VIC- TORIOUS" TROOPS."

DEPRECATES COMMUNISM.

THE HONG KONG DAILY PRESS, THURSDAY, MAY 17th, 1928.

CHINESE CHAMBER

OF COMMERCE.

ANNUAL MEETING HELD.

THIRTY.ONE TRADE GUILDS

REPRESENTED,"

The annual meeting of the Chi- nese Chamber of Commerce was held yesterday in the Board Room of the Chamber at Connaught Road

POWERS OF A MORTGAGEE.

TENANT'S PRECARIOUS

POSITION?

MR. WITCHELL SUED FOR MESNE PROFITS.

LEGAL ARGUMENTS.

Legal arguments of very real interest and importance to tenants

The following is the full text of the circular telegram issued by Marshal Chang Tao Lin from Peking on May 9th announcing a temporary cessation of the civil and he was supported by Mr. Land leaseholders in the Colony were

Mr. Li Yau Taun was in the chair.

he had heard that some Japaneme } war in view of the critical inter-Yik Mai (Vice-Chairman),. and Mr woman and children had left Can-national situation that had arisen Ip Lan Chuen (Secretary). Among ton for Hong Kong, but he did as the result of the Tainan affair: others, preeant at the meeting were not think they had need to do so. "I have always apprehended that Messrs. T. N. Chau, Chan Fik The Canton Kuomintang has pre civil war might impair the friend-Chuon, Lo Cheung Shiu, M. F. L, posed that at noon, on Friday, aly relations between China and Ho Lu, Ho. Leung, Chau Tung silence of five minutes shall be other nations," he says. "Unfor- Sang. Leung Pat Yue, Tong Yat observed in the city. All work in tunate incidenta have happened at Chusa," Aa Soi Cho, Tang Sui Kin, factories and other activities are to Canton, Hankow, Nanking and Low Sing Chong, Au Yau Ma coase upon the firing of a signal Tainan. In view of the situation I Hing, Les Hai Tung and J. gun from the Hill of the Goddess have ordered my troops to cease of Mercy. This is to be done in hostilities in order to aaye. the memory of all Chinese who lost country. their lives in the recent troubles in Tsinan,

"It is highly regrettable that foreigners have been involved in our domestic struggles. If this state of affairs is allowed to con- tinue, I shall be unable to face the whole nation as well as the friendly Powers In view of this situation I have ordered my victorious troops at Changtch and along the Shansi Railway to cease hostilities im- mediately.

Political Future Must Rost With People,

."

There has been a rumour among the Chinese that the Canton Hos- pital, one of the oldest institutions of its kind in China, is being offered for sale, inquiry shows that there is nothing or very little in the report The Hospital, an inter- national missionary enterprise at Canton, was forced to close sorne two years ago during the "Red" régime and it has remained closed ever since. Among the trustees of the Hospital are the British and the American Consul-Generals in Caiston, ez-oficio. Friends of the institution think that it should now

"I have been in military service be re-opened, and Dr. Paul J.

since my youth. As an old resident Todd, formerly dean of the Kung in Manchuria I know perfectly well Yee and the Sun Yat Sen Univer-the evil influence of communism sity Hospitals is mentioned among local physicians as the man best qualified to undertake the work of

e-starting the hospital.

Mr. J. F. Brenan, British Consul- General at Canton, is spending a few days in Hong Kong and saw

Mrs. Brenan off home on the Patroclus, which left Hong Kong for Europe last Wednesday. Mr. Brenan himself is due for leave in about a year's time,

STUDENT ATHLETIC

ACTIVITIES.

Canton student activities are now being directed less to politics and more to athletics and sports. Many

college

university and students are preparing for a pro- vincia sports meeting to hald next November,

and

"As regards national politics, I will not be insistent if our people can agree on a fair and impartial decision. The question of right or wrong rests with the people.

and the preventive measures taken

Wood.

Reports And Accounts. The reports and accounts showed that the Chamber now represented 18 district Chambers of Commerce, and 31 Trade Guilda,

Last year's income amounted to

$34,236,03 and the expenditure totalled to #34,149.43.

beard yesterday when the case in which the Banque de l'Indo-Chine is claiming $1,000 as mesne profits from Mr. 1. H. Witchell, manager of the King Edward Hotel, was continued at the Summary Court be fore Mr. P. Jacks (Acting Puisne Judge).

The claim arose from Mr. Wit chell's tenancy of a house at North

Point known as Budres Villa, from a Chinese at a monthly rental of $125 It was stated for the de- fence that Mr. Witchell at the time did not know that the premises were mortgaged. He took posses sion from the landlord after an arrangement had been arrived a whereby Mr. Witchell was to do necessary repairs to the building,

SALT SMUGGLING.

"OVERZEALOUS POLICE?

TRADERS WHO GOT MORE THAN THEY WANTED,

The question as to how to combat the common practise of smuggling salt was raised at a meeting held by the Chinese General Chamber of Commerce yesterday. It is more complicated than might be sup posed

It appears that there is no restriction or duty in the Colony on the importation or exportation of salt; but in Kongmoon, Kwang Chow Wan and other West River ports, a heavy duty in levied on this commodity. "It has therefore dawned upon a body of not two scrupulous

Chinese that there was large profit to be made if salt could be smuggled into those porte from Hong Kong.

The smugglers work in collusion with members of ship's crews and large consignments of salt fad a way on board" every out-going. steamer. They very often succeed in landing the contraband at one or other West Riven port, but on a few occasions consignments have been seized. Once the salt is dis- covered on board any steamer, no

sult that the Chinese Authorities detain the steamer indefinitely-or until the matter is thrashed out. have sustained severe losses on ac- Owners of West River steamers count of these delays, and they baya appealed through fr. T. N. Chau, of any steamer who is honestly try- for police assistance for the captain ing to prevent anyone taking salt aboard.

The total assets of the Chamber and what he spent would be set-of one claims ownership with the re-

property

including building and stood at $174,0989.

Reports of the matters coming up for discussion will be found under

eparate headings.

HOUSING EMPLOYEES WITHOUT A LICENCE.

CHINESE BUSINESS HOUSES

SUMMONED.

NOMINAL FINES IMPOSED.

by other nations. Indeed, I feel

Representatives from a number of that my personal experience in that Chinese business houses in Des of the whole question than many fore Mr. R. E. Lindselt at the line qualifes me for a better view Voeux Road Central appeared be

Central Magistracy yesterday morn Prominent men of the country"

"Civil war has been going on foring an summonses for housing a several

year Bince the Com- munista attempted to ruin the

country.

"The South-Eastern Provinces in China have repeatedly undergone indescribable sufferings, of which 1 have heard a good deal," invariably with "feeling of pain.

:"

"I could not bear to see the bolshevisation of the nation and, responding to the call of Pro vidence, I determined to lead my troops in a campaign against Bol- shevism.

"From the beginning I declared that I would regard my personal the offer of the Chinese National aes as friends if only they con- curred with me in the suppression Amateur Athletio Federation,

of Bolshevism. On the other hand, Shanghai, is accepted, Canton will I made up my mind to deliver a hald in July a national athletic decisive blow to communism with meeting. Plans have been drawn up a view to its total elimination. for the completion of a recreation Wherever my troops went strict ground on the East Parade Ground

large number of employees on their premises without a licence from the Secretary for Chinese Affairs. The offence was described in the sum mons as keeping a 6th class board ing house without a licence.

Mr. D. L. Strellett, appearing for the Nanyang Brothers Tobacco Co.. said that his clients had some doubt whether a licence would be required for their premises as they were housing the employers at the Com- pany's expense and the system resembled an ordinary household employing a large number of sor vants rather than a common board ing house, He explained that a Sergeant visited the premises and issued what was gaderstood to be a warning, but a summons was served on the Company the next day. The Company had since written to the

against the rent

M. Witchell, according to evi- dence giren at a previous hearing had expanded $1,241 on repairs, and

had also advanced $350 to the land-

lord. He occupied the premises for twelve months, the rentais dur- ing that period amounting to $1,500. Some months before his lease ex- pired he was acquainted with the fact that the villa was mortgaged to the Bank,

The plaintifs (the Bank) now claimed $1,000 mesne profits from the defendant arising out of de- fendant's occupation of the house from April, 1997, to March 16th, this year. The plaintiffs in support of their claim said that the lease made between the mortgagor and the tenant was void and null to them, they as mortgagees having the sole

chose. right to lease the property and also the right to evict any tenant they

distance of the Hon. Mr. E. D. C. Mr. Chau www able to enlist the

Police, who has issued an order to Walte, Captain Superintendent of the effect that police officers and searchers on duty at the wharves assist ship. masters and to help to remove any salt which me been secretly atowed away on

are to

board a vessel.

A Letter From The Salt Guild, A letter from the salt guild was

read out at the meeting yesterday to the effect that since this pro- clamation had bean in force, salt Mr. D. L. Strellett is appearing had ceased to be 'n free ecanodity. for the defendant, and Mr. M. M. The letter alleged that palice con- Watson represented the plaintiffs. stables had gone so far as so seize both sides at yesterday's proceed red about the street.

Legal arguments were heard on any salt which they saw being car The coo- ings Mr Strellett said that it sablas even went as far as to pre- prise and cause much consternation would undoubtedly be a great sur-vent salt from being loaded on any to tenants and leaseholders in the Colony if they realised that their landlords could mortgage a pro- perty and put them at any moment at the mercy of the mortgagee with regard to eviction, claims for mesne profits and other claims which might arise out of such action.

vessel in a legitimate manner. The Salt Guild complained that their business was being jeopardised and asked the Chamber to intervene on their behalf.

The Chinese Generat Chamber of Commerco was thus plated in an awkward position. While they wish to give protection to the ship owners, who are members of the Chamber, they found that they also had to give protection to the Salt Guild, which is also a member of the Chamber.

Mr. Strellett submitted that ac- cording to Common Law & lease made by the mortgagor was good against anybody except the mort- gager. If a tenant had entered into such a lesse with a mortgagor, Mr. Chau, on behalf of the ship- he could not evado his liability owners, said that in asking the even if he discovered that there was Hon. Mr. Wolfe for asistance, he a mortgagee. The tenant would, did not do so with the intention of however, be in a very precarious hindering the business of the Salt position. The mortgagor would be Guild. The proclamation read, in in connection with the Canton Ingers were issued for the main- B.C.A. explaining the master. Mr.. entided to distrain and alag to English, to the effect that the police tenance of discipline and for the Strollett added that if any offence obtain all the ordinary remedies of would assist ship masers if they ternational Sports and Race Club, protection of the lives and pro had been committed it was purely the landlord. The mortgagee could did not desire to have malt placed and a committee is being organized to arrange the details under the Perty both of. Chinese and for- of a technical nature and did not also make his appearance and in- on board their vessels. If the con

struct the tenant not to pay the stables bad exceeded their duty, he auspices of the Canton Branch of eigners, for, I have always appre-merit & fine.

hended that civil war might affect In answer to the Magistrate, rent to the mortgagor." What could the Chinese National Amateur diplomacy and thereby impair Sergeant Haywood, of the S.C.A., the tenset do 1 Ms. Strellett asked. may responsible:

As the matter was a triangular Athletic Federation.

China's friendly relations with the said that no general warning had The trembling tenant, he said, affair, it was decided that a repre- Powers.

been issued, but a esse which came would be compelled to continue pay-sentative from the Chamber, one before the Court some time ago aping his rent to the mortgagor, in from the Salt Guild and another Parently had no effect on the de- view of the lease he had made, from the shipowners call on Mr. although the danger of his position Wolfe to-day to discuss the matter. heard some two months ago, and notice of the mortgager.

Mr. Lindsell said that a case was had been made clear to him by the full publicity was given by the Mr. Strellett further contended English papers and probably by that the mortgagor had a perfect right to make the agreement, and that the lease in question was a valid one. That there was no evi dence that the mortgagees in this case had given notice of their in- tention to intervene in August.

He submitted that the Bank had adopted the tenancy on the original terms and if they had adopted that tengacy they could not turn round later and accuse Mr. Witchell of being a trespasser.

From May 23rd to 25th, the Sun Yat Sen University campus will

Come To Our Senses. school children of the city. For several months the boys and girls deeply imbued with the idea of in the public schools have been communism and ignorant of the training for the meeting, and the consequences in its wake, were sure competition among the 60 or more to bring havoc to the country, 1 primary grade children will be considered the extermination

communiim, and extreme caution in very keen.

diplomatic dealings as the solo means of attaining our independ

be the scene of sports for all public Knowing that certain traitors,

ence.

of

An athletic board composed of "lending professors of the Sun Yat Sen University has been appointed by the President of the University

At present there seems to be no to advise and assist the director of end to civil strife and the ship of State is inking rapidly. I hope physical training. One of the re solutions passed by the board is that the people will come to their senses no stadont will be given a literary and save the country from destrue degres, unless he also able to tion. This, briefly, is my appeal pass a test ka one of the many and I hope to hear from you all. sports or games now being played at the institution. Practically every member of the sports board. has beca proficient in some branch of sport.

$300 A DAY.

TOLLS FROM THE KEE-KWAN

"MOTOR ROAD.

(signed) # CHANG Tso Lix."

modern automobile is making full use of the road. Automobile trafic is increasing rapidly, and since the toll on automobiles is the highest the income from the road is mount- ing in no uncertain fashion.

A modest estimate places the daily receipts at over 300 dollari, which means a monthly income" of over $9,000, or $108,000 a year,

fendants.

WLS

the Chinese press as well.

A Bnb of 82,, the cost of the Licence,

imposed by his Worship

Mr. W. D. Owen, appearing for the Sun Company on a similar summons, asked for an adjourn ment, pointing out that his clients had written to the 8.0.A on the matter and were awaiting a reply. A week's adjournment was granted, Five other firms, the Lai Wah Company, Bakilly Company, Wing On Company, New Chep Kwong Company; and Hong Kong and Shanghai Company were fined $2 each

"PATRIOTIC CHINESE RUNS AMOK.

STABS ELEVEN JAPANESE TO DEATH..

GHASTLY AFFAIR IN KOBE.

The lack of a definite figure, Mr? Watson said, was most important because if the landlord claimed

against the defendant and if the de- fendant wanted to make a set-off, he would have to do, it in, the form of a counter-claim. The ac

counts would then have to be examined. At the present moment, aid Mr. Watson, Mr. Witchell was not able to say what that amount.

A WIS..

......

Mr. Watson added that the Bank demanded the rent in January from Mr. Witchell which was not paid. That was all that was re quired by the Bank All they had to do now was to bring the lact to the mind of Mr. Witchell that the plaintiffs were claiming the rent. The Bank was therefore. entitled to the rents for January, February and March. He quoted authorities to show that Mr. Wie chell was liable to pay such rent again to the mortgagees.

Plainting Points. For the plaintiffs, Mr. Watson said he first of all wished to remove the impression that the Bank was getting something for nothing from the work done by Mr. Witchell That was not so. The Bank could have done the repairs and added to the security of the mortgage. The fact that someone else had effected the repairs did not affect the post tion of the Back in the slightest

Mr. Watson reviewed the evidence and asked his Lordship to note that Mr. Watson argued that there the payment to the landlord pf was no evidence to show that the was paid on account of rent ada Bank had agreed to renew the that there was no evidence at all tenancy or to adopt it. He went

The Kee-Kwan Highway, in Chung Shan Yuea" (new name for This road was only recently open- Heungehan), is proving a veritable ed to traf. It was designed to gold mine, says the Canton Gazette. connect up lacad with the city of The road was constructed by pri Shekki in Chinese territory So Chinese merchant at Nam Fak expended on behalf of the landlord. concerned with the agreement her A telegram was received by s of the amount which Mr. Witchell on to say that the Bank was not vate enterprise, and a toll is far the firet section of the road only Hong from his agent in Kobe to Me Witchell said that he was tween Mr Witchell and the land charged on all traffic. Ten cents has been finished, but the other the effect that Chinese felt so liable for a bill for $1,541, except lord Furthermore Mr. Witchell is the fee for bicycles and rickshes, sections are being built, and pro deeply incensed at the brutalities for certain items of paint, but he could not make such a set-off. He while the automobile contributos moters expect to do very well o

1.00€ twenty conts...

of the Japanese to his compatriots had not been able to give any de- could only do so when he had an in Tanan that he seized a dagger inite sum although he had been interest in land and not by per Resulta no Jay show that the This road is in the Heungshan and running into the street started asked several times. There was no sonal contract. Mr Witchell's backers highest expectations are district, but the name "Henng to staly every Japanse he met evidence of the amount claimed by avenue for relief, Mr. Watson said, been exceeded. The rinkahs traffic shan" has been changed to "Chung After killing eleven Japanese, Mr, Witchell to set off against the was to proceed against the land- has fallen off slowly, but the Shan Yuen in honour of the said the telegram, the man commit landlord

lord. (Gontinued on next folumn),a memory of the revered lender. ted suicide by shooting himmelfort). (Continued on nert Uolumn); Judgment was reserved.

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IN

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SHIRTS.

We have received for the present semain a good assortment of Tennis Shirts, and Day Shirts, also with Stiff Cuffs, suitable for uso with the Mess Jacket. Made from a strong Egyptian Cotton that will Wear Well, Wash Well and Look Well

PRIORD AT

$3.75 EACH

Less 10% Discount for Cash.

are exceptional value.

Other qualities: 8£.75, 86.50, 88.50.

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12, Des Voeux Road

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