1932-07-06 — Page 5

PIECE-GOODS-

DISPUTE.

GRIFFITH & CO. LOSE ACTION."

JUDGE'S SYMPATHY.

In the Supreme Court yesterday: Mr. Justice Wood delivered judg: ment in the piece goods dispute be- twon Messrs Griffith and Company, dealers in tropical cloths, plaintiffs, and Man Choong, tailors, defend-

HONG KONG DAILY PRESS, WEDNESDAY, JULY 6, 1932.

JAPANESE. CONSUL- | CHOLERA IN HONG ST. JOHN

GENERAL.

KONG.

MR. T. YOSHIDA GOING TO CANTON.

EIGHTEEN DEATHS LAST

WEEK.

AMBULANCE

BRIGADE.

CATHEDRAL

FINANCE.

Mr. T. Yoshida, Consul of Japan, Forty-five cases of cholera, eigh who has represented his

his country in teen of which proved fatal, were this Colony as Acting Consul-reported last week. Forty were General since January of 1930, as from the Victoria district, one from been transferred by his Government Kowloon, one from Shaukiwan and to Canton to be Acting Consul-three from Aberdeen, while three General in that city. He leaves the were imported. Colony for his new post next week, Mr. Yoshida's successor is not appointed yet, and Mr. T. Kohri, Mr. Justice Wood found in favoare Consul, will be in charge until of the defendants, but said his

new Consul-General comes. sympathy was wholly with tho plaintifs. He made no order an to

ants.

costs.

The judgment was as follows:- The plaintiffs sue for dainages for Non-acceptance under an alleged contract for the sale of goods, dated June 24th, 1931. They sue in good faith and my sympathy is wholly on their side,' The defendants plead that they never made the contract sued upon and further, in the alternative, if they are held to have made the contract, then the contract price of the goods being over 8100, that no memorandum in writing exists sufficients to satisfy the requirements of Section 4 of

There wore also three cases (one death) of small-pox, two cases (one death) of diphtheria, seven cases (four deaths) of enterio fever, four cases (one death) of meningitis and

6,684 CASES TREATED

IN, JUNE.

Casos treated by the resident nurses of St. John Ambulance Brighdo for the month of June at

Cheung Chau,,

Casem Maternity

Sent to hospital

3,250

Tatal 3,208

感

(From June 6 to June 30). It has been necessary to place 2 nurses at Cheung Chau. The

68 deaths froin pulmonary tuber-Brigade has been requested to pro- culosis:

vide a maternity ward for sampan

THE CHOLERA SCOURGE.

Mr. T. Yoshida's career has been as follows:-1018-graduated from

Ono case of cholera and thres of Department of Political Economy of the. Keio University, Tokyo; 1010-enteric were reported on Monday, passed the Examination for Diplo matio and Consular services; 1920— appointed as Vice-Consul at Port- land, Oregon, U.S.A.; 1922—trans ferred to Chicago, U.S.A.; 1023– Consul at Chicago; promoted to

Consul-General 1025-Acting

1095 Honolulu, T.H., U.S.A.: Secretary of European and Ameri- enn Bureau, Foreign Office, Tokyo; 1027-Third Secretary of Legation at The Hague, Holland; 1020- Second Secretary of Legation;

women.

AN URGENT SITUATION,

The Cathedral's need for support : at the present time is far more urgeat than is generally recognized, writes Dean Swan in the current number of St. John's Review; and it is imperative for the secur: ity of the future that the position shall be widely understood.

As matters now stand we are not paying our way. Certain capital, accumulated in more prosperous days, is having to be drawn upon, but this will soon be exhausted.

The Causss.

The urgency of the present situa tion has mainly arisen from the following causes :-

Fanling,

..7

Cases Maternity

1,334

9

I.

Sent to hospital muri

1

Total

Kam Tin,

1,337

1,115

4

Cabos at EMERGENCY REGULATIONS

Maternity BROUGHT IN.

Sent to hospital

M.O.H. SAYS "POSITION IS SERIOUS ENOUGH."

At a meeting of the Sanitary the Medical Board yesterday

as one of the staff of the Japanese Officer of Health (Dr. G. W. Pope) Delegation and as secretary to the said that in his opinion, the cholera Committee for Political Affairs of situation was serious enough to the Conference, which Committee warrant his bringing two emergency was formed by the six Powers-motions without first having given Great Britain, France, Germany, notion Italy. Belgium and Japan; 1920-

the Goods Ordinance (Ordinance 41929-was present at the Inter- of 199). On both these issues the national Conference on Reparations onus lies upon the plaintiff.

According to the usual practice, conversations between these parties took place through a broker who was communicating agent between the parties. The broker conveyed to the defendant's, manager the plaintiff's offer in writing, which was in duplicate. Normally nu Ac ceptance of the contract the de-of the staff of the Japancee Dele fendants should have retained one Sation: 1930--Acting Consul General

copy and returned the other copy signed by themselves to the broker for transmission to the plaintiff. This procedure was not followed, Both copies have remained in the defendant's custody and the de. fendant's signature has not been added to the document.

Without Formal Signature. The broker signified to the plain- tiff that the contract had been ac- The cepted by the defendants. plaintiffs (whose solicitor has stated that they were not unaccustomed to act in this way) were content to proceed under the supposed con- tract without receiving the formal signature of the buyer.

Mr. G. R. Sayer, the Chairman,

attended the Tenth General Assem-then proposed that Dr. Pope he bly of the League of Nations as one allowed. to bring in his proposal without first having given notice and this was seconded by Mr. Wong Kwong Tin When put to the vote it met with the approval of the meeting.

at Hong Kong.

Mr. Yoshida's quiet courtesy and helpfulness to all who did business with him, and his charm in private life have made him very popular in Hong Kong. We shall all be sorry to lose him, but congratulate him on his promotion and join in wishing him success and happiness in Can-

ton.

BURIED ALIVE.

CHINESE FIREMAN'S

TRAGIC FATE.

Dr. Pope then said:-

I consider the situation serious enough to put the motions without notice for during the past 14 days there were no less than 60 cases of cholern with 40 deaths. He 'thea proposed that the following bye-laws be added to the regulations:--

1. No person shall, without the written permission of the Head of the Sanitary Department and the Medical Officer of Health sell or offer for sale any non-herated drinks in the preparation of which fruit juice and herbs other than tez are

Total

1,193

TalĴOL

Cases Maternity

322

2.

I

Sent to hospital

1

Total...... 324 (half month only).

Shatsukok..

Cases Maternity

(1 maternity caro dent

to hospital)

Total

097

6

132

Grand total:—8,084 cases. . We are indebted to the Tung Wah

and Kwong Wah Hospital authori- ties for receiving Brigade patients.

LIST OF DONATIONS,

In 1097 the Cathedral Church Body decided to engage a priest-in-charge for St. Peter's Church, which until then had maintained its services mainly by means of the help of clergy not on the Cathedral Staff. This engagement was made in 1999. Since that date the Cathedral has therefore been supporting, with some help from St. Peter's Church it- self, more clergy than before.

over

In the same year that the above charge was undertaken retiring pension to Rav. H. Copley Moyle, for a period of five years from the begin- ning of 1028, was ageed upon. This has been a sterling com mitment, the dollar equivalent of which has been greatly in- eroased by the depreciation of local currency.

3. The normal recurring pass. ages and leave pay. of tho Staff (increased as stated in 1), being sterling payments, have become a tax für greater than could have been 'foresean by the Church Body at the time when it embarked ou. 1 and 2.

To meet the present situation every possible economy, consistent with a minimum of efficiency, is The Hon. Treasurer begs to ac-being made. The regrettable deci. knowledge with grateful thanks thesion to dispense with the services receipt of the following donations of a permanent priest-in-charge of towards the St. John Ambulance St. Peter's Church has already been taken, and every item of regular Brigade-

expenditure is narrowly watched by the Finance Committee.

J

Per Mr. V. K. Mok for Nursing Section :-- Football gates Chinese'

$1,046.00

Rattan Mer- chanta Association.... 1,000.00 Chinese Medicine Mer

chants Association.... Hong Kong Jockey Club. The Abbotesses Chi Sau

and Hei Sau

The story of the death underused.

Hong Kong Footbal!

Association A conflict of evidence has occurred tragic circumstanca of a Chiness

2.-No person shall without the between the broker and the defend-fireman whe related on the arrival written permission of the Head of Mr. E. Taylor ante's manager. The broker's verin Harbour of the as. Sunshan the Sanitary Department and the Mr. Tang Man In sion of the matter is that the Maru. Đ

Medical Officer of Health sell or, Mr. Tang Pak Iu

2,5

On July 2, the unfortunate man offer for sulo jellies known Mr. Tang Chuen Iu managér verbally accepted the con- tract and promised to complete the was accidentally pinned in the chuto | leung fan and mun tau la. Mr. Tang Kan Keu written document after he had made which foods the atoke hole. His Dr. Li Shu Fan seconded Dr. Mrs. Chon certain entrics in his books. The cries attracted the attention of the Pope's proposals, and when put to manager, on the other hand, has crew who immediately set out to the vote, they were carried unani- said that he asked for time to con- rescue bin. The latch above the mously. sider the contract and that several banker was opened and a rescuer days later he declined the offer, was, ready to descend with a rope asking the broker to take the con- when a heave of the ship nent à

fract back...........

Refuse Removal,

500.00

600.00*

200.00+

150.00* 100.00

The Solution.

The Good-will Scheme, which was atarted in 1930 after Pow Rents were abolished, has abundantly justified. itself. But

the evon with this Cathedral's present income is jar from sufficient to meet its expenses. It should be emphasised that al- though the Cathedral possesses an andowment, which provides an in- come of approximately 819,000, this represents less than a third of the sum needed to meet he Annual Budget.

Roughly two-thirds of our annya' 6.00† expenses must be born by local

contributors if the Cathedral:

10.00+ 10.00+

10.00+

5.00+

5.00t

Mr. Tang Chuk Nam...... Mr. Tang Wai Man..... Mr. Tang Wing Sau ... Mr. R. C. F. King.... Mr. Tang Ching Tseung.

6.00t

8.00+

3.00* 3.00+

Mr. Tang Taik Shiu ....... Mr. Tang Tsai Leung.. Mr. Tang Koon You

2.001.

2.00+

2,007

2,00† 2.00+ 1,90 .1.001

Mr. Man Kam Hing Mr. Tang Pak Shap Thank Offerings Mr. Chan Lai Wa

*-(Brigade). 1-(New Territory). '

The first business to come before fresh deluge of conl over the man, the meeting was the subject of re- Nothing material happened until the time for delivery arrived. The burying him completely. It was im-fuse removal and in this connection, plaintiffs then served (on January possible to reach him and the one Mr. M. K. Lo, pursuant to notice, 19th, 1032, and February 25th, 1832, hope lay in ahavelling away tho asked the following questions:- - respectively) upon this defendants,

notices of the arrival of the goods, coal in the chute and allowing the

(i.) Will the Head of the Sani- Those were prepared for acknowman to slip down into the atoke

tary Department inform this Board ledgment of receipt by return. The hole.

as to whether it is the fact that acknowledgments were "chopped "

Relays were worked feverishly for some of the lorries are already pro- by the defendants accountant and returned to the plaintiffs' messen- two hours, but when the entombed vided with covers whilst some are not so provided, and if this is the дег. The notices of arrival were fireman was reached, life was ex-

case will the Head of the Sanitary returned by the defendants, together tinct. Ho whe buried at sea. Department state what is the num with samples sent at the same time

ber of lorries in each category 1 and were so retained by their mana-

(H) Will the Head of the Sani ger without protest made to the

fendants' contract has created any tary Department recommend to plaintiffs.

contract by estoppel,

Government that all scavenging

Monday's (June 27) official quota- lorries should be so constructed or tion in Basle.-£2 s. 34. altered in such a way that the spaco for the storage of refuse is divided into a number of separate

to state, however, that the memo-

L.I.D. CERTIFICATES.

Placements, Basle. (Local agents Messrs. Goeke & Co.).

Market Against. Buyers, -

Olaim Falls. The market had gone against the

For this reason I decide that, the buyers during the period of time. plaintiffs' claim for damages for After 60 days grace given (which breach of contract cannot succeed and self-contained compartments, routes is adjusted to the size of This being so, the question of the with a properly fitted and tight- lorries, and lorry men are instruct- is by custom allowed to the buyers, in this trade) the plaintiffs have sufficiency of the memorandum in fitting lid for each compartment,ed to nccept all householders' re- here, pursued a remedy in damages writing does not arise. I would like and if not, why not?

(ill.)-As regards such lorries (il fuse that is promptly proffered. for non-acceptance of the goods,

I am unable on the evidence, to rande, namely, the two acknowledg-any) which already possess lids or Experiment has shown that the And, as a fact, thas the defendants ments previously referred to, do covers, will the Head of the Sani- entered into the contract. The not seem to satisfy the provisions tary Department instruct the officers lorries are plaintiffs must rely upon the ward of section 4 of the Sales of Goods in charge not to overload the lorries make overloading by household of the broker that they did so; and Ordinance and for the reason that in such a way that the lids or covers rofuse impossible,

they have not been made and cannot be closed properly 1. signed by the party to be charged The Chairman gave the following

answers to the questiope: ****

the broker is not in my opinion, upon this point, a credible witness, Further the plaintiffs may quote the retention by the defendants of the material, document (the con- tract itself and the two notices of arrival of the goods without denial of contractual liability mandje, to the plaintiffs themselves as evi dance corroborative of the broker's statement. And so it is. But, even with this support the broker's evi- dence dogs not satisfy me. More over, I cannot find, that the de- (Continued at food of next column.)

or his agent in that behalf."

I have given, judgment for the defendants, because the plaintiffs have not discharged an onus resting upon them, vị thu

so constructed as to

Those Present.

(i)-It is not the fact

Those present at the meeting (i)-As at present advised, "I think it is better to continue scerchere Mr. G. E. Sayer (Chair ing for the ideal unit of transport man), the Hon. Mr. A. E. Wood, The conduct of the defendant's on the assumption that it will not Dr. a. W Pope, More Wong

be sub-divided. Sub-division would tend, to cause delay in loading and Kwong Tin, M. K. La, L. C. E Bellamy, C. Champkin, Dr. Li Shu off-loading, we als

(iti:)--I do not think it would be Fan, Dr. R. Ado Castro Basto, desirable to modify wxisting br Mr. J. H. Gelling (secretary), and rangements by which the length of Mr. J. C. Lang (assistant secre (Continued at foot of next column.)! tary).

manager, hus, in my opinion, not hoon straightforward. If the mar ket had followed & different course, the defendants might also have act ed differently.

I give judgment for the defon dants, but without costs.

*

is to continue to be solvent. The Good-will Scheme provides the best metdied of contribution.

The Good-Will Scheme,

The Good-will Scheme is design- ed to supplement the insufficiency of collections taken at Cathedral Services which is inseparable from fluctuations in the Congregations, and to provide a method whereby persons of good-will towards the Cathedral-of whatever standard of meane can take a thoughtful and regular part in its support.

Contributions under this Scheme may be made in the following

ways!--

(a) By signing an order to your bankers to pay a given amount monthly to St. John's Cathedral Account.

(b) By using a weekly envelope. Packets of 52 special en velopes, hearing the dates of the Sundays of the current year, will be sent to any who choose this method, It is hoped that those who use these envelopes will decide what weekly contribution they can 'make, and will endeavour to maintain this throughout the -year, The envelope contain

ing the weekly contribution should be placed in the col lection bag at any Cathedral Bervice or Holy Communion at the Peak Church,

(c) By annual cheque to the Co-

thedral Treasurer. The Present

Working of the Scheme,

1931 a total of 813,530, was subscribed by 201 "individuals and

(Continued on "Page 6.)**

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