1933-06-13 — Page 7

MR. FRANK MURPHY IN HONG KONG

New Governor-General of Philippines

MAN WHO SENT 6 GRAFTER MILLIONAIRES TO GAOL

"Whatever part I shall play will be in the interests of goodwill. understanding and neighbourli ness," said Mr. Frank Murphy, the

neg

Governor-General of the Philippines, when interviewed by the Daily Prese upon his arrival in the Colony yesterday on the Dollar liner, President Coolidge. He was. met on board by Mr. Douglas Jenkins, Consul-General for the United States. Captain Walker, A.D.C. to H.E. the Governor, and Captain Mears, A.D.C. to Major General O. C. Borrett, 'were alsu on board to welcome Mr. Murphy.

DISPUTE OVER A DEPOSIT

Claim for $1,000 Succeeds

PUISNE JUDGE' REVIEWS EVIDENCE

Mr. Justice Lindsell at

the

Supreme Court yesterday gave judgment for plaintiff in the recent etion where a claim for the return of $1,000 deposited as security for payment of rent on property in Water Street, was made by Sai Hol, of 51, Water Street, against Chan Lai Wan and Wong Laung Shi, both of the See Long Firm, of 25, Bonham Strand East.

The plaintiffs in the action were represented by Mr. P. H. Sin (Messrs. A. E. Hall & Co) while Mr. F. C. E. Rendall (Messrs. Russ &Co.) appeared for the defendants. In a written judgment His Lord- "All that I can talk of at pre-ship said:-The plaintiff, as lessee, sent is motives." Mr. Murphy who here sues his lessors for the return added that it was too early for him of a deposit of $1,000 made by him to speak of policies to be pursued as security for the performance of 10 the administration of the his covenants under the lease. Islands. He intimated, that the In October, 1928, the defendants future policy of the government na owners of the property known might be more liberal under Pre- 48 51, Water Street, mortgaged sident Roosevelt, whose ideas he that property to Li Yat Sang and others to secure an advance of 950,000, no express power being re- "I have my own point of view served to the mortgagors in the o life, and as an American what deed of mortgage to lease any part ever part I shall play will be in the of the property. interests of goodwill, understand- In November, 1928, some six ing and neighbourliness," he add-weeks after the mortgage had been registered the defendants demised the ground floor premises of No. 61 to the plaintiff for a term of five years.

would follow,

.ed..

The new Governor-General who is on his way to Manila to assume his post is accompanied by Mr. Joseph E. Mills, economic adviser; There is no evidence to show who Mrs. Mills and their daughter. ther the mortgagees had notice of Betty; Mr. and Mrs. Teahan; Mr. the demise and the lease makes no Edward G. Kemp, legal adviser; mention of the mortgage. The lease Mr. Norman G. Hill, encretary and ts out the names of the defen special adviser and Miss Eleanordants "who and each of whom and their respective administrators, Bumgardner, assistant secretary and stenographer.

executors and assignees are herein after called the fessors.". Travelling were Brigadier-General Creed Cox, new Chief of the Bureau of Insular Affairs and Judge George E. Mai- colm, Associate Justice of the Supreme Court of the Philippines.

On the same vessol

The J. P. Morgan Inquiry,

Although the Governor-General was unable to make any definite atatements regarding the Philip pines, when asked about the inves- tigations which is being made into the business relations of J. P. Morgan and Company he said that be approved in general of such ac- tion The investigation of high finine is necessary and healthful for the United States, he thought. During the three years he served as District Attorney in Detroit, he con- ducted similar investigations among war grafters, and prosecuted and sent to prison a group of six millionaires. Mr. Murphy repeated that such investigations were neces- sary to the country.

An Active Carber,

|

HONG KONG DAILY PRESS, TUESDAY, JUNE 13, 1933.

MOTOR MISHAP IN WANCHAI

SHOP'S SHOWCASE

SMASHED

Dua to the greasy condition of the road surface in Wanchai, Mr. T. Black, of Queen's Garden, who was driving car No. 139 had an alarming' mishap.

SEIZURE OF FIRE CRACKERS

ALLEGED INFRINGEMENT.

·OF TRADE MARKS

Mr. D. L. Strellett appeared for the prosecution and Mr. Hin Shing Lo, instructed by Mr. J. M. Hall, for the defendant firm.

A BAD TEMPERED

CONCUBINE

BOUND OVER FOR BEATING

A MUI TSAI

A consignment of firecrackers, from

Pleading guilty to a charge of Macao valued at $10,000 which is assaulting & mui tai a Chineso alleged to bear a false trade mark woman was bound over in a bond was recently seized and the sequel of $100 to keep the peace for a was a summons which was mention-year. ed yesterday before Mr. Wynne- Jones, the Wah Keung firm of Sub-Inspector H. W. Fraser, of Macao being mentioned as defen- the S.C.A., said the case was the result of a report made by the dants.

Anti-Mui Tsai Society on June a that a girl was being ill-treated. She was a registered mi trai om- ployed by the kit fat wife and the defendant was the second concubine, She had been ordered to wash clothes by the kit fut wife, and the defendant issued a further or dar. The girl became cheeky, and

Da defendant alapped her face. fendant was then alleged to have picked up a piece of firewood and bit the girl first over the right eya and then over the left. The girl

sincs Saturday.

Mr. Black found his car skidding to the left side of the Road, after he had passed the Grand Theatre in Queen's Road Esat. In endeavour- ing to right the car, he swerved but so slippery was the road that the car shot across to the opposite side and crashed against a pillar It then mounted the pavement and Detective-Inspector Bright "said slewed round, bringing up against the summons was served on Cheng the showcase of a shop at 92, Ming Sing, a representative of the Queen's Road East. No one, forto-Macao firra, at the Yik Hing Import nately, was injured, but the show-and Export firm. case was wrecked. The car was Mr. Lo stated the consignment badly damaged but Mr. Black, hap. was being sent to India or South pily, escaped with minor abrasions.Africa and on its way to the con

signee was seized here by virtas of a warrant. The Wah Keung firm were claiming the cargo. He plead

ed not guilty

Mr. Strellett, asked for an ad- journment, stating that Mr. Hall Brutton, who was handling the case, was sick. Considerable enquiries

whether or no the mortgagees con sented to the original demise, but they appear, after they took posses sion in 1931, to have disclaimed all obligation to plaintiff under the lease, and I must assume that they would have to be made. were legally justified in so doing.

Detective Inspector Bright gave From that moment therefore plain-formal evidence of service of the tiff was entitled to regard the lease summons and the seizure bf 740 a determined and to demend the cases of fire crackers aboard lighter return of his deposit. Hence this No. 4, berthed at the Sai Kung action is not premature.

The second question is whether the defendants still remain Jiable to the plaintiff under the convenant to repay the $1,000 deposit.

Mr. Sin, for the plaintiff argues that the covenant is a personal one and the defendants are therefore still, bound thereby.

effective.

Weakness of Defence.

Mr. Kendall, for the defendants, on the other hand submits that the covenant is one running with the land or rather with the reversion and that the defendants' liability to repay therefore ceased when their In the tease the lessors express-assignment to Chu Sam became ly covenant inter alia" that the fessee (the plaintiff) shall have quiet enjoyraent and also to refund at the expiration of the term the sum of $1,000 deposited by him with them as security for the observance uf, his covenants and during the continuance of the term to pay him interest there, on at the rate of per cent. per calendar month.

As a matter of convenience it was arranged that the lessee (plain tiff) should receive his interest by deduoting 18"a month from the rent payable under the lease.

Wharf.

The hearing was adjourned.

THEFT OF ELECTRIC FANS

"LOCKSMITHS" SENT TO

PRISON.

For stealing two electric fans from 17, Fung Fai Terrace, two Chinese, described as locksmiths, were sentenced to three montha' hard labour each."

Sub-Inspector Nolloth said that the defendants had gained entrance through a back door which had been left open. The complainant himself was not aware that the fans

had been stolen until much Inter when defendants

were arrested.

In my opinion the cases of Eccles Mills (1898) A.C. 350 and Stugrt e. Joy (1904) 1 K.B. 362 are sufficient to dispose of Mr. Ran-The fans were traced to Hollywood dall's contention.

Bond, and one recovered, but the other was bought by a man who is out of the Colony. When he re- turns, it is quite probable he will be willing to return it to its owner, add the Inspector.

In the latter case the defendanty as lessors had convenonted with the plaintiffe their leasees to oxecute and pay for such repairs to the demised poperty as might be required of them by the award of a board of arbitrators to whom the question had already been referred. Before the award was given the defendants. had already assigned their interest to others. It was held by the Court of. Appeal that although the coven

In July, 1990, the defendants nude a further charge on the pro- perty to secure a further advance of 93,000 from Li Yat Sang 'andant was one that ran with the re others.

In November, 1920, the defen. dants assigned their interest pro perty to Chu Sum and Hogg Yee subject to the plaintiff's rights under the lease and to the mortgage and further charge. Chu Sam was introduced to the plaintiff se his new landlord; plaintiff paid rent to him and by arrangements with him con- tinued to deduct therefrom as be- fore 26 per month, the amount of interest due on the deposit.

version, yet the lessors were not relieved from liability under the express covenant, by assignment of their interest to others.

I DISBELIEVE DEFENDENT.

ENTIRELY"

P

JUDGE'S REMARK IN RENT DISPUTE CASE.

When he gave judgment in the sum of 8140 and costs to plaintiff in a rent action at the Supreme Court yesterday, Mr. Justice Lind- hell remarked that he "disbelieved defendant entirely."

been in the Po Leung Kuk

had to render service to every mem ber of the family.

Defendant claimed the mui` tani

Inspector Fraser: The girl is willing to go back to the house. She is exceptionally well cared for by the fit fat wife,

ST. JOHN'S AMBULANCE

BRIGADE

TRIBUTE TO. HONG KONG BRANCH FROM LONDON

4

Mr. A. Morris, the popular and efficient Commissioner of the local branch of St. John's Ambulance. Brigade has received the following letter of thanks from London Hend- quarters:

DEAR MR. MORRI8,-I acknow- ledge, with many thanks, the re- ceipt of the annual report for the the Hong Kong District of the year ended December 31, 1932, of Brigade Overseas.

Kong District during the past few years has been an inspiring one and this year's report once again re cords outstanding calls for service made On the members of the Brigade. It is a matter for much satisfaction that the Members responded so well to all demands and worthily upheld the traditions of the Brigade.Yours sincerely,

'The rotord of service of the Hong

(Sd): JAMES L. SLEMAN.. Chief Commilestoner.

DONATIONS

The Hon. Treasurer begs to ac knowledge with grateful, thanks and appreciation the receipt of the following donations towards the Brigade New Territory Work

Lady Clara Ho Tung. $260*.

20 Mrs. Fung, Ki Cheuk ...... ME D. C. Howland ......... Mrs. Au Wai Fong (Kam

Tin)

“

Miss Li (Tain, Wan).

Per Dr, F. I. Tseung + Per Dr. A. Wool

'45

EMIR ADMIRES AN ENGLISH HORSE

**BEST I SHALL EVER SEÉ”!

The claim was for rent due on 41, Queen's Road East, for the firste moon of the current Chinese year sina, has considerably, extended his

Cambridge. The Emir of Kat

and one moon's rent

in lieu of knowledge of English life and was notice to quit

photographed with the best horse he hall ever seen." Acoómpanied by Fhis two sons and two of his suite, he motared to Cambridge and visit ed the Department of Agriculture in the University, as well Messrs. Chivers and Sons' farms and factory at Histon.

25

Hence in the present case oven if the lessors' express covenant to repay his lessee's $1,000 deposit is one that runs with the reversion or, to be more accurate, with the equity The plaintiffs were Ho Hong Po. Mr. Murphy concluded by saying,

of redemption of the reversion, the and Pun Shi, both of 118, Welling- "Fo just going to work-it's a new

lessor is not relieved of liability ton Street, represented by Mr. J., job, but I've had many a hard ones

under that covenant merely because B. Prentis, of Messrs. Hastings before. I am sure I shall be happy

he has divested himself of the re- Co., and the defendants the Kwong at it because I like the Filipinoyee in turn assigned their interest,

In May, 180, Chu. Sam and Hong versionary interest.

Kee firm now trading as the Leo. people,"

The only point remaining is whe-Kwong Kec firm, of 43, Queen's subject only to the mortgage andther the acquiescence of the plain- Rond East, represented: by Mr. F. further charge and otherwise free tiff and of the lessors assignees in OE Rendall, of Messrs. Russ & from encumbrances, to one Fung the arrangement whereby the plain Co. The new administrator of the Shuk Tun. Fung in his turn allow. tiff continued to get his interest by Philippines, although only 40 yearsed the plaintiff as his tenant to means of deductions from his rent of age, has had an active career.

deduct 80 per month from his rent. effected a novation of the original After graduating from the Univer In July. 1831, the plaintiff re-contract concerning the deposit. sity of Michigan in 1911, he went veived formal notice from Messrs. Mr. Rendall contends that such to England and continued his law, Lo and Lo that, the mortgagora a novation was effected but I can- studies at Lincolns Inn, London, (the present defendants) having not see eye to eye with him. There und at Trinity College in Dublin, made default in payment of in- was clearly no novation of the

JAPAN'S BIRTH RATE Following the War, during which be

terest on the mortgage, he should original lease agreement in toto; would arise in future pay his rent to the otherwise novation served as captain in the Infantry, mortgagees, Li Yat Sang and whenever the interest of either he returned to Detroit and was ap others, and as from August, 1931, lessor or lessee under a lease was

DECLINE SHOULD REMOVE WORLD FEARS pointed District Attorney, a post plaintiff paid his rent to them ac assigned to another,

After lichido at. St. John's Col- which be occupied for three years. cordingly.

lege the visitors motored to Hig Later he became a judge and served

Tokyo-The fifth Conference of ton, and, were conducted over the Judgment for Plaintif

the Institute for the Study of dairy farm, stud farm, and jam for six years in one of the prin ability to Plaintiff Repudiated.

The agreement in respect of the Pacific Problems will be held for factory by Mr. Sidney C. Lamb. cipal courts of Detroit, following

The mortgagees expressly re- $1,000 was an integral part of this a fortnight from August 14th, in which he was appointed Mayor of pudiated any liability to the plain particular lease and if there was Canada, when economic problems Pemberon horses. A beautiful the City, a post he held until six tiff under the lease but allowed himno novation of the whole contract such as exchange, tarif, immigra velt, who is one of his close permises at a reduced rent, and ap have been novation in respect of it is believed, largely be influenced Turning to Mr. Smith, of the Os works ago when President Roose to remain in occupation of his pre- it is difficult to see how there can tion and wages. will chiefly be dis gelding Histon Grey Friar, WHO cassod. The course of debate will, first brought out, and afterwards the champioä stallion, Cense. sonal friende, selected him to be the parently as a tenant from month to the part Further there can be no by the roaults of the World Econo new Governor-General of the Philip.month.

novation of an agreement without mic Conference which precedes it lonial Office, who interpreted, the pices.

After seeking in vain the return the express consent of all the par Japan will be represented by ff Emir said: I do not want to Mr. Murphy and Mr. and Mrs.of his deposit from Fung Suk Tun, ties concerned. There is no evi- teen delegates, among whom will ses any more, for I shall never see Teaban stayed with Mr. Douglas plaintiff instituted these proceed dence in the present case that the be Dr. Nitoba aid Ueda, a better horse than this." He was defendants assignees ever expressly It is said that Dr Ueda will persuaded, however, to see Histon fence is brie: Inasmuch as the for the repayment of his $1,000, desarch. Into the Japanese populathe Royal Show.

The first point taken for the de agreed to be liable to the plaintiff make public the results of his Blacksmith, a first prize-winner; at plaintiff's possession of the demised, pasit. From the fact that they tion problem, so as to remove the At the jam factory the party saw premises has not been disturbed and allowed him to make a deduction widely entertained abroad about the preserve comes out of the boilers unwarranted misunderstandings all the processes from the 'moment, his term has not yet expired, his from his rent equivalent to the in- the high birth rate in Japan. Dr. as a running streets to when jars elaim is premature. With this conterest due under the lease on his | Ueda, holds that the rate of ind and fins of it are packed in card- tention I cannot agree, At common deposit it cannot even be reasonably crease of population has consider board cartons." The visitors were law, which governs, the point in inferred that, they were willing to ably declined in Japan since the greatly interstock in the various His Excellency the Governor and Hong Kong whero a demise of shoulder any such liability. Indeed great war, and that, although the mechanical appliances in the bugé Lady Feel at a luncheon party at mortgaged property has been effect there is evidence that Fung: Shuk Japanese population, will go on in-factory-l Mountain Lodge, while in the aftored without his consent, the most. Tan at any rate expressly repudiat creasing during the next twenty- After noon the American community are gages on Adding frocarion is on holding a reception at the American titled to evict the tenant Club They leave for Manila on the inser 8.8, President Coolidge this even-

Jenkins last night at his residence

on the Pehk. The whole party were entertained to lunch at the Repulse Bay Hotel yesterday afternoon, and

a dinner in their honour was given by Mr. Jenkins in the evening."

To-day they will be the guests of

nhưng

ings.

1

The Emir was, shown some five"

sceiving souvenirs Ed such liability years, the rate of increde will visit which included

grounds then I find that wines a fall. Inchis opinion, the pots of jam and marme

of Japanese population, ance fails. There must

must Bommit

till be reached between 1960" and for the still-room for the plaintiff for claim 1970, and even then the figure will Dolls House, the Emirat

not much exceed @ 80,000,000/

uite returné

Here there is to dir (Continued on nest.

Videnc

ths

ialgie

the

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