1928-08-03 — Page 5

CANTON'S AUTOMATIC TELEPHONE DISPUTE.

CHINESE COMMISSION RULES AGAINST

AMERICAN CONCERN.

APPEAL TO A HIGHER TRIBUNAL!

"[FROM OUR SPECIAL CORRESPONDENT. }

"

CANTON, August 2nd.

The Arbitration Committee appointed by the Canton Muni- cipal Government to arrange for a settlement of the telephone.. dispute between the Municipality and the Automatic Electric Inc., details of which have already been published in the Daily Press, has issued a “ Critical Statement of Opinion "on the matter. The purpose of the Arbitration Committee, nccording to the Canton Municipality, is to study the matter from an impartial stand- point and to settle this dispute to the satisfaction of the Auto- matic Electric Inc. But Mr. Harry S. Janes, Attorney of the Automatic Electric Inc., is objecting to this Arbitration Committee on the ground this his client is neither represented nor given a hearing. The following in an extract from the "Critical Settle- ment of Opinion of the Arbitration Committee.

It is understood that sines Mr. Sun Fo concluded the agreement with the Automatic Electric Inc.. on August 30th, 1926, no actions for carrying out the contract was taken by either party for a year and some months.

According to the report of Mr. Feng Wei, Head of the Public Utilies, to the Municipal meeting, efforts were made in June, 1927, to urge the Automatic Electric Ine.

to commence the work.

་

To repented requests Mr. Cannon, Engineer of the Company concern- ed, answered that he could do no- thing in the matter and be left Kwangtung in September, 1997. According to Mr. Cannon's state- ment 'be would come back in three to five months' time. He did not

retura,

On these facts it is clear that the American Autematic Inc. failed to show the least intention of carrying out the contrast,

According to Civil Law, when a contract is made without naming the date for execution, the party, which procrastinates after having been urged to carry out the work is liable to have the contriệt can- celled.

Since the American Automatic Electric Inc. irresponsible for pro- crastination in carrying out the con- tract the Municipal Government has the right to abrogate the con-

tract.

The Municipal Government has not paid the bargain-money and it is possible for it to cancel the contract long as the Company concerned did not begin to execute The Municipal Government is free to make a new contract with the China Electric Co., Ltd., and its actions leave no room for a pro-

Kamer

test

4

It is observed that in the Com-

pany's protest, it is stated that they were prepared to consider modifications of their contract if the Canton Municipality would take up the matter with them again. In this statement, the Com- pany admits that the old contract

CANTON'S AGED MOTORS.

RELEGATED TO ONE ROAD.

|

needed modification.

THE HONG KONG DAILY PRESS. FRIDAY, AUGUST 3rd, 1928.

SALE OF RACE LEGISLATIVE

SWEEP TICKETS.

ARGUMENTS IN THE "ALPHONSE ? CASE.

WINE DUTY CHARGE SETTLED.

Some interesting arguments on the legal status of race sweep tic- kets were heard before Mr. R. E.

Låndsell at the Central Magistracy yesterday on the resumption of the case against M. Jean Hund, or "Alphonse," as he is known to a

Iarge circle in the Colony. He was summoned for bringing liquor in- to the Colony without paying duty and subsequent charge of con- duating lottery arose when docu- ments relating to Shanghai race tickets were found by the police in the house in Hankow Road where he was staying.

**Guilty On Liquor Charge. Such being

Mr. Leo d'Almada, who appear the case, there can be no objectioned for the defence, tendered a ples to the Municipal Government abro of guilty to the liquor charge and gating the old contract.

asked the Magistrate for leniency. IIesaid that the defendant had been in the service of the Hong Kong Hotel and left with a good character.

Our conclusion as members of the Arbitration Commission, is that the protest of the American Auto putic Electric Inc., was made on no reasonable grounds, and should be disregarded. We have the honour

to submit our opinions as above for your consideration,

Members of the Arbitration

Commission:-Tu Chi Ti, Chairman of Lawyers sociation, Canton; Chinng Hsun, Chairman of Land Arbitration Bureau. Can ton; Ho Ch'i Li, Teacher of Law School, Chung Shan Eniversity,

MR. JANES' REPLY.

Mr. Janes, pon receipt of the. above document, made a reply He said in a letter to the American Consul at Shameen that: "Unless we have due notice that the Muni cipal Government intend to recog- nize our rights under our contract and are prepared to proceed to full their obligations thereunder, we reserve the rights to appeal to A higher tribunal." The following is a summary of the American | Attorney's reply:-

During the big strike the defendant worked in the Peak Hotel doing all the menial work to help things along and Peak re- sidents gratefully acknowledged

his services.

Defendant, Counsel said, was latterly in Shanghai and brought with him certain samples of wires with the object of obtaining orders He had no knowledge that samples were liable to duty and had no intention of evading duty. Tho duty, Counsel understood, amount- ed to 81.33, and no man in defen- dant's position would be so foolish as to run the risk of evading a like that. He sub small duty

there was mitted that

no guilty intent and asked for a nominal penalty.

"

COUNCIL.

TWO NEW ORDINANCES PASSED:

MEETING OF FINANCE COMMITTEE.

At the meeting of the Legislative Council yesterday afternoon, the two principal items on the agenda were the statement by H.E. The Officer Administering the Govern- ment regarding the water shortage, and the resolution proposed by the Colonial Secretary authorising the allocation of another. 8600,000 from the Public Works loan towards defraying the cost of the Kai Tak aerodrome.

THE WATER SHORTAGE,

GOVERNMENT'S STATE-

MENT.

QUESTION REFERRED TO SECRETARY OF STATE,

AWAITING A REPLY.

P

As was expected H.E the Officer Administering the Government made a statement regarding the water shortage in the Colony at the meeting of the Legislative Council yesterday afternoon.

One curious fact emerged from His Excellency's speech.

The Aberdeen water supply scheme was drawn, up and sab mitted to the Secretary of State for approval before it had been considered by the Public Works Committee.

These matters are reported else where in this issue. The only other business was the formal passing of the Companies, Amendment Ordi This seems to be a reversal of nance and the Widows' and Or. constitutional procedure and hai phaas' Pension Amendment "Ordi-led to the present deadlock. The nance. These Ordinances were read | Aberdeen scheme was approved · second time, taken through the provisionally by the Secretary of Committee stage, read a third State, but when it came before the time and approved."

members of the Public Works Com-

Colonial

Those present at the Council meeting were H.E. The Oficer Ad. ministering the Government, H.E. The General Officer Commanding the Troops (Major-General C. C. Luard), the Colonial Secretary, the Attorney-General, the Treasurer, the Director of Public Works, the Captain Superintendent of Folice, the Secretary for Chinese Affairs, the Hon, Mr. A. C. Hynes, CM. G., the Hon. Mr. J. Owen the Hon. Dr. R. H. Kotewall.

Hughes, the Hon. C. G. S. Mackie, and Mr. H. R. Butters (Deputy Clerk of Councils).

FINANCE COMMITTEE..

were

con.

mittee it did not meet with unani- mous support. H. E. the Officer Administering the Government has, therefore, cabled the views of the

of

Committee to the Secretary State and is awaiting his reply.

It was not stated why the Public Works Committee refused to sane-

is generally understood that the tion the, Aberdeen scheme, but it

members were in favour of pipe

lines across the harbour, and were of opinion that they should be laid before other work was undertaken. A meeting of the Finance Com- H.E. The Officer Administering mittee was held after the Legiela- the Government said :-Honourable tive Council, the Colonial Secretary Members of the Legislative Coun presiding. The votes totalling $147,005 contained in message Nocil,The Government is greatly s from H.E. The Officer Administer-concerned at the hardships caused ing the Government

by the water shortage now being The details of these vates have experienced by the citizens of

published in already been

the Victoria, especially in the western Daily Press. All were approved.

Referring to the vote of $91,440 end of the City, which have been for expenditure on improvements pressed on my attention by the in the wireless telegraphy depart Honourable the Second - Chinese ment, the Hon.

Mr. J. Owen Member. This shortage is caused Hughes acked What increased re- venne was expected from wireless by an increase in consumption. messages to meet the proposed coupled with a peculiarly uneven increased expenditure.

A Revenue Officer had no re-sidered. marks to make on the plea for the defence and his Worship imposed

a fine of 810.

Conducting A Lottery. Charges of possession of Sharp hai race tickets and conducting lottery were then proceeded with. His Worship asked Sub-Inspector Elston whether it was held that because the defendant had certain Shanghai sweep tickets for sale he was thereby conducting a lottery. SubInspector Elston: We hold where he was staying was his bead- that the house in Hankow Rond quarters for conducting a lottery.j in the house there were no tickets, but there were a number of docu- ments relating to the lottery.

Whereas it is claimed that no action was taken by either party, the Municipal Government both advertised the contract and collect- ed a large sum of money, while the Automatic Electric Inc. sent the requirements for aerial and an engineer to Canton to study underground work. The Company did not agree to instal machinery within ten months. Sending the engineer to Canton proved the

His Worship: What about the Company's good intention, and the delay in carrying out the contract people who sell race tickets in was due to the failure of the Muni- Hong Kong -Nobody is allowed cipal

to establish to have agents in Hong Kong to credit. The Government'e claim to sell weep tickets in connection cancel the contract is illegal because with foreign lotteries. If they are the Company bad every intention caught hawking tickets, they are of carrying out the same. The Com- pany are ready to consider modi fications of the contract considered desirable by the Municipality. The question of bargain money does not arise since the contract calls..only a confirmed credit which the Muni- cipal Government agreed to finish,

Government

GOOD RICE HARVEST.

PRICES FALL IN CANTON.

run in.

That is if they are caught. but do you make any attempt to calen them-We do. Every sweep 72 in Hong Kong comes under our notice

The Shanghai Champions. His Worship remarked that it was strange that earlier action. had not been taken by the police as regards sweep tickets sold i Hong Kong, notably the 810 sweep ticket on the Shanghai Cham pions

Asked whether defendant admit- ted that he was selling the tickets, Mr. d'Almada asked his Worship to acept a ples of not guilty and La permit him to address the Bench to the public in the matter of race on one points of great importance

Sub-Inspector

The automobiles plying for hire With the suppression of bandit on the Shaho Road," Canton, are activity. on the various rivers and waterways, and the disbandment of required to bear both the general irregular troops which used to licence and a special licence. Many | exact tribute from water-borne of these nato, says the Canton traffic in the shape of protection sweep tickets and also to allow him feer," commercial activity in the inland waterways is increasing by leaps and bounds. Trading junks are now able to pursue their jour: es unmolested, and country pro- duce is moving freely.

Gazette, are in poor condition and should have been relegated to the scrap heap long ago.

Mr. Fang Wai, Commissioner of

the Bureau of Public Utilities, in fully aware of the delapidated state of the cars being offered for public service, and recently ruled that the licences for these cars should not be renewed when the present term expires, and that new cars, or cars

ceive licences.

"

to eross-examine Eiston.

Police Visit To House. Sub-Inspector Elston said that 8.30 am on July 25th he went No. 15, Hankow Road, in com- pany with Revenue Officer Grim- In view of the peaceful conditions mitt and a European Sergeant to prevailing, certain enterprising execute a search warrant. Hand merchants have entered into work- was in a back room and produced ing arrangements with some of the eight stubs of ticket books, two carbon trading junk people, and large documents, and several quantities of firewood are finding copies of receipts for money. In their way into Canton. By close the pocket of a jacket claithed by co-operation it has been found to defendant was a further stub and cut costs down very markedly parti-a letter.

in proper condition, only would re-cularly since there is now no neces During the cross-examination of "sity to pay levies to the various witzes Mr. d'Almada asked whe The car owners jointly petitioned lawless bands, and to-day firewood ther in view of the, defendant a for a modification of this order, can be purchased at 80 catties for willingness to all on witness he Baying that they were unable to the dollar It must be noted that could not have been saved the dis- raise the amount of cash necessary this price does not prevail at all grace of a warrant and arrest and to buy new autos, and asking that shops. It was not very long ago summoned instead.

Hi Worship interposed to say some concession be made to enable when the dollar could only buy 40

was one for them to continue in business.

cattics. With a continuance of pre- that the warrant

search.

1

Mr. Fung has decided to accede sent tranquil. conditions, further Mr. d'Almada: Yce, and to ar to the request, and the rule calling drop in prices may yet be expected. for vew cars is now annulled. The The rainfall in recent months Test defendant if anything. wa present old cars will be allowed to has done wonders for the farmers found.

Mr. d'Almada: You went to his ply for hire, but the licences are as rich rice harvests are reported house at 8.30 in the morning? issued conditional on these - cara from all districts, with the excep Yes. keeping to the Shaho route only. tion of the few parts where in- He was not allowed to have hin They will not be permitted to ply undation from the rising river breakfast but was taken to the for hire on any other road or part levels Cause some damage. The Police Station straight away of the city. As a concession to abundant harvest coupled with the No. offset this restriction, the car quiet and safe conditions of river He asked to have his breakfast ? owners will be exempted from pay transport has brought the price-He asked for a cup of tea and ing the general licence but must down steadily and the poorer it was brought to him in the pay the special licence of $1.50 per classes of people are reaping the boarding house,

benefit-Canton Gazette,

(Continued at foot of next column.)

day

The Colonial Secretary said it distribution of an otherwise plenti- was imposeible to forecast, but the ful rainfall, which has resulted in revenue from wireless was growing | Pokfulam reservoir catchment" re- very rapidly, $15,000 for steel aling cabinets for received by the Tytam catchment In connection with the vote ofceiving only about half the rainfall the Colonial Secretariat, the Hon. areas this year. It is the Pokfulam Mr. A. C. Hynee asked if these reservoir, on which the Government cabinets were of British manufac ⚫ture. Being assured by the depends to supplement the other Colonial Secretary that they were

wire inadequate supply of water he expressed his agreement with from Tytam to the western end of the expenditure.

the city, and this reservoir is now seriously depleted. The supply from Tytam is governed by a con- duit designed to carry seven million gallons a day, through which the

The Hon. Mr. J. Owen Hughes concurred. He had, he said, seen the old files and was certainly of opinion that new ones should be purchased.

THE INSTONE BANKING CORPORATION.

CANTON CHAMBER OF COMMERCE ASSISTS.

ACTS AS RECEIVER FOR

CANTON BRANCH.

5

"AEROLUX" BLINDS

All-Ventilating Shades for more porch comfort

AEROLUX

PACE A La Mart v je

VENTILATING

PORCH SHADES

WE E HAVE RECENTLY FITTED UP

DOZENS OF THESE BLINDS WITH GREAT SUCCESS MAY

THEM TO YOU ?

WE

SHOW

LANE, CRAWFORD, LTD.

FURNISHING DEPARTMENT.

NEW MUSIC-

RAMONA

THE POPULAR WALTZ

AT

ANDERSON'S.

engincers are how paning eigh: MANAGING THE HORSE.

million gallons a day, and every possible step is being taken to mitigate the admitted hardships of the poorer classes. These steps in; clude the opening of eleven new fountains, which are as many as the engineers consider practicable, and the patrolling of the restricted areas by waterworks overscers to ascertain and so far as possible mitigate any exceptional hardships. The introduction of restriction

The difficulty in which the Instone placed by the Canton Government during the hottest of the hot wea Banking Corporation have been scaling up the vaults of the Canther is, not unnaturally, giving rise ton and Shekki branches, because to questions as to the policy of the Corporation refused to register the Government in connection with as a Chinese concern has been the increase of the water supply. temporarily settled is far ne the As Honourable Members are no doubt aware the question is one Canton branch is concerned.

which His Excellency Sir Cecil Clementi took up within a few days of his return to the Colony ar Governor. A careful survey of the situation convinced the Governor

A

The Cautón Chamber of Com merce, with the permission of the Government is acting as receiver and has paid back the money due to depositors of this branch. surplus remains of between 840,000 and $10.000 and this money will not handed over unless a request is made by a consular authority.

The majority of this money comes from the Shekki branch, having been transferred from there to the newer branch. No action has been taken at Shekki where the bank remains sealed up.

Sweep Tickets Sold Losally. Witness was then questioned about local and foreign sweep tic- kets. He said that he knew Shanghai tickets came here, but he had not known a case before of an agent having been sent down sell them.

Mr, d'Almada suggested to wit neas that Calcutta Turf Club sweep tickets were obtainable at a local bank.

His Worship remarked that it was different as applicants were merely allotted number.

Mr. d'Almada said that it came to the same thing in the long.

The case was adjourned

run.

Colonel McTaggart's Breezy Advice.

There are few enterprises, it would seem, that call for is much cara, prudence, knowledge, and forethought as the purchase of a horse. It in proverbially unwise to buy a pig in a poke; equally unwise is it to bay ahorse in a harry. Those who contemplate buying a horse-and eron those who don't-would do well to procure a copy of

**FROM COLONEL TO SUBALTERN

By La-Col. X. F. METAGGART, DAO....

It consists of a series of letters from a retired Colonel is his son en the buying and training of horses, and, in spite of the technicality of the subject, it is at least interesting as the average novel. The pages are full of useful hints and the profuse illustrations full of life and humour.

KELLY & WALSH, LTD

THE BOOKSHOP.

that the proper course for this Colony to pursue as regards the water supply on the Island was firat to use all the available resources on Hong Kong Island itself. These resources were exhaustively examiné ed on Sir Cecil's instructions, and the Aberdeen water supply scheme was considered to afford the best possible improvement of the Island's water supply. The scheme was submitted to the Secretary of State for the Colonies with the least

THE RAINFALL. possible delay, and has received his provisional approval.

Last year there were 107.86 When, however, this scheme was | inches of rain. Such a rainfall in considered by the Public Works the Colony has never been exceed. Committee of this Council it was ed and has only been equalled found that the scheme did not meet during one previous year-1990. In with full approval. I have now 1928 we had over 100 inches and referred the views of the Committee in 1923, 87.89 inches. The ap by telegraph to the Secretary of proximate average rainfall for the State, and an awaiting his reply past ten years has been 94 inches before seeking the approval of this a year. For the period 1909-11 the Council for the Gnancial provision mean average rainfall was 84 inches which will be necessary to carry and for the ten years 1905-1901, out such scheme as may be an 88 inches. proved. The matter will be brought before the Council at the earliest possible. date.

(Continued on next Column).

Wo have already had over 50 inches of rain this year and there fore are well above the average Many now anticipate that we must

CHATER ROAD.

0

calculate upon a series of years with small rainfall.

....

In July, 1927, there were 18/733 inches of rain and in July, 1928, 20.700 inches. Last month we had 3.37 inches, the bulk of which fell on July 14th. In August last year there was 20.905 inches. That Kayed the situation. If this year we 45. tain no more rain in August than we did last month it would appear certain that restrictions will have to be enforced throughout the Colony. Pumping from Tytam began last month, Never before as pomping, which is an expensive business, been necessary so early in the year. Usually it is not begun until October.