1935-11-19 — Page 7

FULL COURT HEAR

COLLISION CASE

Last Year's Harbour Incident Recalled

HONG KONG DAILY PRESS, TUESDAY, NOVEMBER 19, 1935.

STOP DRINKING

TO PAY DEBT

Japanese Village Makes Pledge

One Japanese village, by prac- tical experience, has found that total abstinence is one of the best way of getting out of debt and overcoming economic depression. This village is Mitsuho in Nagano prefecture.

“SAFETY FIRST"

CAMPAIGN

Rev. G. E. Upsdell Makes Broadcast Appeal To Public

Appeal and cross-appeal against muse hare known that dredging the judgment of Sir Atholl Maċ- had been going on for three weeks. Gregor in the litigation following Reviewing the evidence, Mr. Jen-

In a broadcast appeal to the the rear. If you are I.çing the

for the collision between the "Pres.- kin said the "President Jefferson"

public

whole-hearted co- | vehicle coming towards you, you operation dent Jefferson" of the American was the only moving ship which

and support in the are in a position to take your Mall Line and the 5.5. Afrika" of the "Afrika" had to watch, and no Three years ago agricultural com "Safety First" campaign," the Rev. share in avoiding AS collision. The East Asiatic Co., Ltd., which; Court should overlook that herditions in Japan were extremely C. E. Upsdell sald:-

Again, when crossing the road. took place in Hong Kong about a officers said they did not take the bad. Rice and silk prices had The Colony is once again asked walk straight across, and n in a year ago was beard before a Full trouble to look at the sigha, station reached their kwest point: the for its whole-hearted operation slanting direction. the lacter takes Court yesterday at the Supreme directing the "Preadent Jeffer- burden of debt was continually in- and support in the "Sety First

longer to get across, and when in.. Court. In his judgment Bir Atholl son's moyements, "because they creasing. Since that time Japan campaign which commences to dulged in by many at a time, gives has passed through an experience day, and may I open my appen by the impression that people are "al! MacGregor placed 70 per cent of were gongo Buor A.4" the respons builty on the American The Captain, the Second Officer, not unlike America's A combina-queting from a lead ng Article over, the road which is a great appeared in the Loel handicap to the oncoming motor Mail Line steamer and the other the Quarter Master and the Pilottion of governmental measures and wh ch 30 per cent... on the "Afrika" and wer♪

tals suraject during ist. all. on the bridge of the natural causes have raised the Press both parties are now dissenting Afrika" and the last-named said prices of staple Japanese a previous campaign of this kind. against this verdict.

he informed the Captain about the agricultural commodities, rice and There is probably no community Sitting at the full court are.

time the President Jefferson" was salk; and the relationship between in the world in greater reed of Chief Justice, Sr. Atholl off Holt's Wharf that she was so agricultural and industrial prices education and protection, and the "The

improved, although

public owes it to the Government AG.ing to the Kowloon Wharves. It has Justice MacGregor: Mr. Mossop, Judge of the British Court was an amazing fact that even

difficulties still remain to be solved to give its fullest co-operation." in Shanghai; and Mr. Justice R. E. then they did not look at the signal in the country districts. Lindsell. Puisne Judge-with-Cap-station. The captain said in reply tala R. Benson, R.N., and Cap- to the question: "Your point is that the pilot did not draw, your tain J. Sm.th:

attention to the signal? I knew we were going to the buoy so I was not interested in the s.gnal."

Mr. FC. Jenkin, K.C. and Mr. H, G. Sheldon, instructed by Mr. D. H. Blake, of Messrs. Wilkinson and Grist, appeared for the Ameri- can Mall Line. Mr. Eldon Potter, K.C, and Mr. H. C. Macnamara, instructed by Mr. O. EL C. Marton, of Messrs. Deacons, represented the East Asiatic Co., Ltd.,

AMAZING, ATTITUDE

"I shall be astounded, My Lords, if the Court allows the Captain to get away with that," said Mr. Jenkin.". "I do not wish to use extravagant language, but bis

Following the cousion on De-amazing that that attitude could comber 14, 1934, the case went be taken up and almost pass notice by the learned trial Judge who does not bring them to book or criticise them by one word for ignoring this signal. At the very threshold of the case, you find the “Afrika" doing the thing which brought her into waters she should not have

through several hearings in Cham- bers before coming into court be- fore the Chief Justice who was assisted by Cmdr. Q. F. Hole, Har- bour Master, in the capacity of AKKESSOT.

The facts briefly are that the Président Jefferson passed the "Afrika" whilst both ships were in the harbour coming up to berth at the wharf and to tie up at A. 4 Buoy respectively. The "President Jefferson" was signalled to wait while her berth was cleared and she dropped anchor. The. "Afrika“ followed up and collided with her

THE REASONS

Mr. Jenkin said his first 'point

!

Į

traversed,"

"The only reference in the judg- ment was: "The witnesses have

stated frankly that they did not lock at the signal staff on the Kow- loon Godowns and were not aware that there was there flying a signai to the "President Jefferson in structing her to anchor until a berth at the wharf was available" Counsel said his second point was

the

many

Admiral Makoto Saito, who was Premier in 1932, toured the coun" try, urging the farmers not to rely on governmental aid, but to help themselves to the best of their ability. The 400 households of Mitsuho took the Premier's teach-

on

That clear and concise state ment puts the position in a nut

hell, and we are faced with the

question, "What is

the form of

one

WHEN YOU HEAR A HOOT

Then, when alighting from a public vehicle, such as a tram or bus, wait until the vehicle has quite stopped, and then, in the before alighting, to see that the case of the tram, giance backwards.

road is sufficiently clear to allow you to get to the side in safely. If you wish to cross the road nn alighting, go behind the vehicle you have just left, and wait anili it has started again before stepping out behind it, otherwise you stand a chance of being caught by on- | coming traffic on the other siða One more point when you hear the "hoot" of a car behind you. look back quickly to see its post- tion, and get out of its way as quickly as you safely can, in other words, show the courtesy to the motorist, that you expect him in

education required?". Being or those cruel, hard, and unkind schoolmasters, I am faced with two methods. The first is to ap- peal to the honour and self-respect ing to heart. They decided that or the individual to co-operate in the best way to economize was to carrying out the requests of the cense drinking sake, the Japanese Headmaster: the second, to punish rice-wine. At the suggestion of those who fall to so co-operate the village headman, Zoshu Haya-The former is by far the better sal and his assistant, Jiro Hayashi, method, and I am pleased to sav who had previously been a heavy that in a school of 260 odd child consumer of sake himself, it was ren. I can count the number or decided that the whole village those who fall to co-operate on the should take a three-year pledge of fingers of one hard: it is interest- ing in that it reflects the mental The pledge was carried out, with "attitude of the parents which is the result that 30,000 yen (between transferred, unfortunately in the $8,000 and $9,000) was saved, and litter case. to the Individual, antagonism on the part of the Mitsuho is far better of than the average Japanese village as re- is the mental attitude of the in-humani gards its burden of debt. At the dividuals towards this problem same time the houses are in much which is the crux of the situation

total abstinence.

better repair, and there have been vastly fewer brawls.

Mitsuho is so well satisfied with the results of its experiment that it intends to start out on a new ve-year programme of total ab stinence, now that the three-year

ין

in this question of Safety First,

The motorist, who drives through control area above the lowed speed and passes other moving vehicles is not playing the game and it is done daily even in Na- than Road where the control area 180 clearly indicated. Let us play with the authorities concerned.

ing

show you. Accidents have occur- red an account of the apparent re- flance on the part of the pedes- trian, which rouses an answering

motorist which, after all, is only

Now for the Motorist—Signall- ing. Always signal, when turning to the right, or when slowing down, or when starting again from the side. Cultivate the habit of signalling according to the Traffic Code at all times, even if you know there is no motorcar behind you, so that when an emergency ar'ses, you will

in the appeal was as to the condi- the relative positions at the mater- period has come to an end. Ad- the man's. game and co-operate do it automatically. One other

tions prevalling and the failure of the Afrika to observe them,

│"

* THE JAY WALKERS

thing I should like to mention while ial moment. The navigating off-vocates of the five-year scheme bë

on the subject of signalling. Some cer of the "Afrika" should have lieve that abstinence plus other. counted on the "President Jeffer- savings can easily make possible a The pedestrian who walks blind drivers have a habit of signalling son to do precisely what she did yen, by the end of that time. traffic is equally at fault, and ating. This is most irritating to the

village improvement fund of 100,000 ly across the road regardless of a car to pass, and the accelerat do. The manoeuvre she took was Looking still farther ahead, they least shows bad taste: courtesy dictated by the signal and the tide. propose to deposit the 100,000 yen others shows a high standard e

man who is trying to get past,, and also dangerous, especially when, as There was nothing unusual in it in the postal savings institution breeding, and lack of courtesy so often happens, there is none too and it should have been apparent for a century, after which it will shows a low standard of self-res much time to pass before encoun- from: the observation of the have grown to the impressive figure peet 1 the individual concerned. tering the next corner. "Afrika."!

of 1,900,000 yen. With such a sum,

The very large rumber of pedes. Couns then referred to numer-

WHEN SIGNALLING - the they argue,"Mitsuho can become a trians, and

ever increasing ous authorities on the duty of fol-model village for all Japan.

number of cars found on the

Don't forget-When giving sign- lowing: ships.

reads, create a very difficult pro-als, to give them in plenty of time, blem with regard to the safety of that is, a least a few seconds be- life and Emb. It is only by the fore you follow them. A driver is willing co-operation and considera- often seen to put out his hand and tion of the whole community that turn simuitatiedusty and, i'an ac- the problem can be solved to any sident occurs he justifies himself degree. If such co-operation and by saying—"I put out my hand!” consideration is not forthcoming. It is essential to give the man be- both motorist and pedestrian alike hand at least a second or two to stand an equal and increasing slow down, in order to give you

of many accidents. It is a great right of way. Don't cut corners. why this "Batety First" cain The cutting of corners is the cause temptation to even the best of drivers in this Colony where the curves are so frequent, but in the cause of Safety First don't!

My time has nimost gone, MÁY to emphasize the necessity of sym-end by: an appeal to the com The "Afrika" was forbidden by pathetic co-operation between mo-munity at large, pedestrian and all laws of navigation to go betorist and pedestrian. The pedes reason she did was because by so this question, and so has the mo tween Buoy A.6, and 7. The only trian has his rights with regard to doing she would be saved

This change was made before she reached Buoy A6, and when she got past it then she was helpless and had to go straight on The "Afrika” had no right to make that change of course.

The President Jefferson was expecting to go to No. 1 Wharf, but it was established that she flagged a signal from the signal tower to anchor; as the moment was not opportune for birthing. That might be because of the state of the tide or because the berth was occupied, but as a matter of fact a berthing master came out in a launch and shouted to the cap- tain on her bridge that a ship was

CHANGE OF COURSE Just clearing the wharf. The The next point Mr. Jenkins re- "Afrika" as the follow ship, had a ferred to

was regarding the bounder duty to observe the move "Afrika's" manouvre to Buoy A.4. ments of the President Jefferson and her inability to keep it In and the signals which dictated her evidence it was stated that the movements, but he put it to the "Afrika" tried to get through be- Court that the "Afrika" "did not tween Buoy A6 and Buoy A. 7. care a row of pins about, those If she had kept that course there 'signals."

she had everything in her favour course instead of trying to an-paign, has been organised with would not have been a collision."Afrika" should have taken that chance of coming to harm. This

and there was no reason why she cho: by Buoy A.4. She should had to change her course. Mr. have gone down the Central Fair- Jenkins then went into the evi-way and died up at the Bucy. She dence in chier and continued by could have gone past Buoy A.7, and saying that the course of the 3 and then come round again to "Afrika" was WN.W. and, exactly Buoy 8.4 In the same direction as the food tide. Apart from the presence or the "Pr :sident Jefferson" there was nothing to hinder the "Afrika." If in this harbour and if the

Counsel said he wished to make the same pomt that he had made to the learned trial Judge, that the "Afrika" should not be allowed to say that they did not look at or appreciate those signals, for it was common ground in the pleadinga that the signal calling on the "Président Jefferson" to wait was hosted. In fact, that “Afrika" had made it the basis of one of their allegations of negligence against

Mr. Jenkins submitted that the

the object of impressing upon de destrian and motorist alike, the great need of adopting this "mot road or this Colony. I would like to," and att tude, when being the

motorist alike, to consider the courtesy in this matter of road other man, and show the same

the "Président Jefferson" that they "Afrika" had wanted to get to Buoy minutda Dimo teda out stort to an equal degree, and for traffic. 25 we endeavour to show on had anchored in the fairway. A4, the flood tide would have about by routin which were opened great, if not the greatest help to

"You can imagine the surprise brought her. There was no neces-to ber.

of going each to consider the other all other sides of our social and

communal lifet of counsel for the "President. Jefsity to deviate from her cours

There was the route-ofwards solving this "Safety""" pro- ferson" when witnesses for the On their own case nothing hap- other than the route she had taken

going down the Central Farway blem. "Afrika" took up the attitude of pened to warrant a change of

11

KEEP TO THE PAVEMENT

BAKUI ANUAS DOE

caring nothing and knowing less course especially the change before The "Afrika" had charged that I want to use what time is NEW $500 NOTE

about the signal," added Mr. Jen kin.

The ord nary thing to do when this fieg was down, he continued, was to nicher in the waters to the

her course.

ISSUED

on that becasion, when dredging A8, thị; the saw the "President Jenkins' suggestion to the This is not easy, especially in the 18, and it is surrounded by a wide

getting to Buoy A.8. The course the Jefferson did not sound her to me to further emphasize one of was changed in such a degree that two.blasts when porting, Mr. Jen-two of the suggestions which have is passed 500 feet north of Buby a7ins put it that there was no oc- been already made as to the The Afrika having ses a course casion to do so and if the "Pre-working out of this slogan "Safety deliberately changed it before she sident Jefferson" did it, that would First."

The Chartered Bank will shortly west of Pier No. 4. about the mid-saw the "Freement Jefferson," not contribute to the coilsion. First to the Pedestrian In the Dut into circulation of a new isage dle of the five main wharves. When Mrdenking put it that it was hot The "Afrika. Becself on ir own that place, wherever, and whenever of $500 utese conditions were abnormal such as until the Afrika" had pasted Buoy ease had stated that she changed possible, use the pavement which The note is alightly smaller than was made for your use and safety the 1500 note at present issued by was taking place, the anchoring Jeferson and the change of course place was still further, to, the west, | wás hot n any way occasioned by court was that this ranging or the congested parts of the city, das white border, we somewhat to the north of Euny A the "Président retterson, What carrying out of the manoeuvre did gely to the habit of so

The predominant colour of both many to 1. If the "Afrika", had been ob find warranted that change of not in fact call for the founding walk all over the path," and to back and front is brown but the servant as she should have been, Course Mr. Jenkins asked. There of the blasts. Presuming the loiter in their walk. If the walker most varied tints, are introduced, she would

uld have known that had been to attempt to justify it knowledge that the "Afrika knew would consistently keep to one producing a kaleidoscopic enact... dredging was going on near the At this point Judge Mossop Inter that the "Pres.dent Jefferson" wide of the pavement, progress wharver and that the President veded and said that there had keeping to her course she was also would not be so Impeded, and it Jeferson would have lo anchor been some junks there which might presumed to know what the Pre-her bin endeavouring 8

ls orly by everyone doing his where she in fact did. Instead she had been partly responsible. Mr. dent Jefferson was going to do chose those very waters to pro- Jenk ns in reply said that it might There was no necessity to signal possible to keep to ceed in herself, whe

have been responsible for justify because of this aging. The twb EMPIGNORED WARNING ing a change or 50 or 100 feet but blasts were not sounded becauced. Also, when it is

the President Jefferson was stul

to keep to the. (dway. After Mr. Jenkins had addressed the court af length as othe regards the Founding of the blasts

side Bosne the hearing was adjourned till this oncom course, morning.

From the very rat the Afrika not as must as 500. was in the wrong the ignored

the gnal and the existence of

dredging operations. Both Kalp point,

carried local plints, and anybody

A'S MANDEUVRE

ika having taken this

claimed hel hing. If that

af all connected wg the harbour should had kept a stra

|

that public opinion can

ciderita

Most of the ornamenta: work on

sha

the front the scrolls, pánsis, and done innesot the back

the back

ocal harbour scene.

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