1935-12-06 — Page 11

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HONG KONG DAILY PRESS, FRIDAY, DECEMBER 6, 1935.

A Lecture On Blackstone

The folowing is the last talment of the lecture divered. by Mr. H. C. MacNamara at the Englih Association on Tuesday .."evening."

Apart from the antiquities and Ngal fictions > be found in Black- stand we will now cons.der his optimism Optimism was not, on the whole, a falling to which thr great men of the eighteenth con- tury went particularly prona, in fact one of the great aafires of that century was directed against it. Blackstone was, as nearly as a real person can be, just the type portrayed as "Dr. Pangloss" in "Candide."

unobtainable mise here. It is still, in the original edition, a work that anyone can read with plea sure and proft, but if you decide to read it reflect that much of what he describes has passed away for ever. The ad Courts of Com mon Law: King's Bench, Common Pleas and Exchequer are gone. So in the High Court of Chancery. So are the old methods of legal con- veyance by Fine and Recovery. No longer are the interesting figures of John Doé and Richard Roe to be found in our practics books. Be this so there is a great deal that remains. There is still in our law much that Blackstone praised and praised with reason. If our law

is not the best in the world, and who can say which is the best, it has beyond all doub: elements in it that command respect. They are part of a great heritage that Blackstone did much to popalaise and so preserve.

THE APOSTLE OF LAW,

SHIP CAPTAIN'S SONG AND PIANO

CLAIM

Damages For Wrong "ful Dismissal Failed

RECITAL Creditable Perform- ance At Helena May Institude

البعي

A soprano and a planist, both of whom displayed their respective talents

偬 delighted

moderate

At the Summary Court yester- day, the action brought by Capt. AH Brown master mariner, cisiming $1000 in Bleu of three months sa'ury from the Yuen On audience at a joint song and plano Company, Ltd. failed; the Fulsus recital at the Helena May Institute Judge, Mr. Justice Lindsell, giving yesterday evening, when Mrs. An- judgment in favor of the defen- derson Miler gave one of her best dants. In his judgment. Hia Lord-singing performances. while Lt. ship said he was satisfied that in Col. C. H. Kuhne showed that he January, 1934. the plaintiff way

was a piano player of note. sufering from an attack of alco- hol, as a result of which he was warned by the Hon. Mr. Chau that his continued employment there after was conditional upon stric sobriety.

Mrs. Anderson Miller in her rin- derings of the folk song "The Twelve Days of Christmas" and "Return of Spring" showed that she had the beautiful expressions of the theme and her powerful and exquisite voice was heard to good advantage. She also sang several

other numbers.

Like Voltaire's crea- tion he found that all was for the best in the best of all parsing? worlds. He was comfortable in the world and he thought that other people could," and should, ba com-

ram satisfied, continued Els fortable too. He could see nothing wrong in English law. A criminal

Lordship., "that on the voyage up Canton on December 28, 1834. the code that punished all serious crime, and many crimes that were

plaintiff was so far under the I-

Lt. Col. Kuhne's interpretations on the piano included such mas- not really serious, with Jeath did

fluence of liquor as not to be in a it itate to command bis ship. I not cause him a moment anxiety.

see no reason to doubt the evid-tera as Bach, Schumann, Brahms The brutal violence, of the press-

ence. In this connection of Capt. and Beethoven and his renderings gang, the law that condemnad a

Rule who appeared to be an un- once again kept the audience spell- defaulting debtor to virtual life:

There is one other thought that willing rather than an eager wit-bound. The very soul of the music. imprisonment, the proverbial de-

ness but at the same time a truth-seemed to vibrate with his every arlacs from a consideration of lays of the Court of Chancery the

ful witness. In the same category note and such clear and precise flagrant dealings in almecure at- Blackstone. He was the apostle of

as a witness was, in my opinion. interpretations were well received. Capt. Walker whose testimony tices about the courts all were, at law to the laity. As I have said

The recital was voted as being the worst, amal blemishes in an before no one author has succeed-established that on January 2 of the best of its kind yet heard otherwise perfect scheme. Thated to his unique position. In his

last Capt. Brown was fully aware and the audience left the house the law might be greatly improved place there are now many excel

that he had misconducted himself well pleased with the entertain- and was able to be dismissed." ment. he did not believe. In this respect lent authors. I have mentioned one,

H's Lordship then gave judg- I would contrast his attitude with already Professor Allen, author of

ment for defendant company with that of a great contemporary, Dr. that delightful book, “Law in the

of the costs against making." There is again Profes- four-fifths sor Jenks, at one time Director of

THE ALLEGATIONS Studies to the Law Society. He

It was alleged by the plaintin has written a popular and good,. genera, description of English Law. that he was wrongfully dismissed. Some years ago Maitland wrote of while the defence contended that Engilsh law in a style that has the dismissal was justined on the Dr. Holds- grounds of drunkenness and De- never been surpassed. worth has written a history of lect of duties by plaintiff as mas- English saw, in nine volumes, thatter of the ss Kwong Tang.

He was represented by Mr. M. A.

for the defendants. Silva, while Mr. F. G. Nigel was

Johnson. We all know his attitude to Life, noble pessimism, that never degenerated into despair. I think he would have agreed with that view of the law expressed by his friend Goldsmith:- FAINT PRAISE--BLAMED WITH

VIGOUR

"How small of all that human bearts

endure that part "which laws or kings can cause, or cure." Blackstone on the other hand, like an eighteenth century Broadbent, The remanded hearing of the

was fully assured that Englishmen committal proceedings brought were blessed by having a legal unemployed men, system which made them happy. It against two namely Lam Yui, alas Lam Titis unnecessary to dwell further on sang and

Chiu-pang this uncritical and unwarranted Kwong charged with illegal possession of optimism. I will merely remind mou.ds, fcr the manufacture of you of the old nautical definition counterfelt coins was continued at of a pessimist which is:-"Some the Kowloon Magistracy yesterday one who has been shipmates with before Mr. E. I. Wynne-Jones, an optimist. To a thoughtful per- The evidence, previously given by son the optimism of Blackstone is far more depressing than the pes- Det-Set. C. H. Goodwin WAS COTID-

simism of Johnson. borated by two Chinese detectives, who were present at the time of the arrest.

The next

take the stand was Kwong Chiu-pang, the second de- fendant. He stated that he was unemployed with no fixed abode. He said that on Sept. 18 he heard that the first defendant had ar- rived in the Colóny from Macao, and went to visit him on Sept. 22 and had been staying there ever since.

Approximately

Some of you, ladies and gentle- min, may wonder why I have gone to the trouble of writing a paper about a man with whom I can, apparently, do little but find fault You have heard very little but fault finding from me so far. have dwelt upon the author's in- sufficiency as a jurist, bis, credit- ity, his unreasoning conservatism

1

merita careful study. Authors who write in a popular style on English as the saying is, wo law aro;

It is th numerous to mention." hopeful sign.

plaintif:

At the opening of yesterday's hearing, the plaintiff was recalled to the witness box.

neglect against Capt. Brown were not proved, and concluded by say- ing that the reason why plaintiff brought the action was not for the $1,000 but to clear his character in the event of future employment. ·|

Mr. Nigel submitted that in or der to find wrongful dismissal the whole conduct of the servant must be looked at and not" in only one Isolated" instance.

"

Referring to the allegations against Capt. Rule, Mr. Nigel sald that when he brought the accusa-

tions he was not sure that he would take the place of Capt.

Fur-

To conclude, ladies and gentle-

He stated that he visited the Brow and this showed that was men I would say that Blackstone

Cannossa Hospital on January 17 not his aim when doing so. and prior to going there on that thermore, there was ample-indica- may be studied to-day but simply as an historian. He was popular day he had ho alcoholic drinks.tion that Capt. Rule had been tell- in his day but his book is no lon-From January 1 to 15, he usuallying the truth.

Judgment was then passed. There is drank about six glasses of whisky ger or practical value.

and soda a day. He had, however, much in it to interest you. If, on the other hand, anything I have & peculiar habit in that he drank only half and threw away the re- mainder.

id has awakened in you a spirit the laws under of curiosity as to which you live then there Are numerous and very wel written books that you can study. Diare- gard the wretched maxim,

"A little learning is a dangerous thing," a line usually quoted by persons who know nothing else of Pope. If you look into the laws of your country you will find in them a subject mach fuller of in- terest than is generally supposed If you begin on Blackstone you and blatant optimism. I have som-will have before you a wonderful trasted him unfavourably with

17

His Lordship: Rather an expen- alve habit, don't you think. Mr. Brown?

Witness: Yes, considering I am Brotch it seems hardly feasible,

ALL LIES

Capt. Brown further said that during his ten years of employ ment he had never had a bolidny. He characterised the evidence of the Hon. Mr. T. N. Chau (general manager of defendant company) to the effect that be (Mr. Chau) had an interview with him 'ánd

ten days before such legal contempories as Lord. account of what the law was. You handed him a letter of dismissal,

his arrest he was asked by the first defendant to buy a battery and some tin as he was learning how to do electroplating. This he did and two days afterwards, the first de- fendant experimented on a copper coln and some, copper sheets. The result was not satisfactory for he was told to buy another battery and 21 ths of tin, a copper coin was again used and the result was very satisfactory.

THE EXPERIMENT

Mansfield and Camden and with

auch wrters as Gibbon and John son, I have so far damned with faint praise, and blamed with some vigour. It is now my more plea- sent task to say what there is to recommend this author to the in- telligent audience. I am now ad- dressing, and I can freely having said all, I think, that can fairly be urged against him.

do so more

LAW SHOULD BE NO SECRET As against what can be said in Jais diapra.se Blackstone was, as I have already observed a ploneer. He had a great and generous idea which illuminates his book from end to end That idea may be expressed thus. He thought that law should not be a secret shared by the Segal profession alone but a great heritage which could and should be shared in its fullness by ali persons of education. It was an idea both novel and magnide- ant and, so far as he was concern-

On Nov. 11 as he was leaving the house, he saw the first defendant place four forms on pieces of gines, A white powder mixed with water was poured into the forms, and be- ing interested, he asked "the first defendant what he was doing and received the following reply "You would not understand, I will tell you when they are finished." Be- fore leaving the house he was told- to go to Hong Kong to get some new ten cent pieces from his bro-ed, ther:

He arrived at Hong Kong at 1 p.m. and went to a restaurant for some refreshment and there he telephoned the brother. After some time the cousin of the first defendant came and handed him fifty cents and a parcel of duck's feet. He then crossed the harbour and went to fetch his daughter who was working at a factory and took her to tea...

his succes3 was complete. From knowing less, perhaps, their law than any other peopië the English, for some years, knew far more. The immense popularity of the book assured that. As I have said its popularity gradually faded. It has disappeared as a work of practical usefulness and no other book has ever been writ- ten which comes near to ding its place.

may then decide to investigate the axles.

what the law is to-day, as to which engineer of the sa Kwong Sat, ΠΟ less interesting problem of Mr. George Henry White, chier there are many guides but none said that on Chinese New Year so picturesque as Blackstone. Fay last year. Capt. Brown was in the office of defendant company. Witness saw him drinking, but he dia not remember that Capt. Brown had been teased for refus- ing to drink.

F.A. CUP REPLAYS

London; Dec. 4.

Mr. Silva, addressing His Lora- In the First Round F.A. Cup re-ship, said that his case was two- plays extra time became necessary, feld, namely (1) that the story for in two matches which resulted in the defence was concocted against the elimination of Aldershot, and the plaintif, and (2) that even if Romford. The following were the some of the evidence for the de- Tence were true, they did not show results:-

Justification of dismissal:

L

Cheltenham 0, Brighton 8. Aldershot 0. Clapton 1.

STORY: CONCOCTED „ Folkestone 2, Romford 1..

Continuing, Mr. Bilva said: "The Bournemouth B. Walthamstowe 1 real point of this case is that Bristol R. 3. Northampton 1. The dropping out of the losers gives the following ties for the Becond Round on December 14:

Folkestone v. Clapton. Oldham v. Bristol R. Scarborough. v, Brighton Bournemouth v. Barrow. Reuter

SINO-JAPANESE TRADE ASSOCIATION

Capt. Rule (former mate to plain- Lift and how master of the as Kwong Tung) was anxious to ot tàin the position of Capt. Brown and in furtherance of that anxiety he had, with the collaboration of Mr. Ting: the, axalstant compra». dore, concocted certain accusations Bgainst plaintiff. In the face of this, the defendant company” sent. a letter of dismissal to Capt. Browni without giving him 'the slightest opportunity of defending himself. I suggest that letter was used as a disciplinary measure in Shangha!, Dec. 4. the sense that if Capt. Brown had

Bino-Japanese

apologised he would be given an- gurated on December 15, it was pected that Capt. Brown would will be inau-other chance. But they never ex-

learned here to-day.

reply by instituting proceedings! Preparations were being made against them for wrongful dismis for such an organisations by the sal

connection with that Chinese financial leaders for the action. the defendant company purpose of promoting Sino-was confronted with the problem Japanese trade, since the return of justifying the dismissal and in of the Chinese Economic Investi-order to cave-face certain mem- gation Party from Japan,

bers of the Company had thought When inaugurated, the associat to Invert certain evidence. tion will establish an office in against Capt. Broval”

The proposed Trade Association

What then is the lesson, if any, to be learnt from these reflections. When he returned to the house Well in the first place the dom at 4 pm, he saw that it was full mentaries are now firmly estab of policemen: He was searched fished not as a handbook of our and questioned about the moulds law, as they once were, but as He then recalled what he had seen, book of great and permanent his the first defendant dóing in thé | tòrical interest. It is a vivid pic- morning and told the police about tufe of English law, as it existed in it. F's statement was taken down A very interesting period of the Shanghai and Tokyo. It is under- Mr. Sva then went on to submit development. As history it will, I stood that Messrs. Wu Ta-chuẩn that Capt. Rule was à prejudiced believe, increase in value as the and Yu Chao-ting will be elected winess In that he contrac years pass. It contains a mass of as chairman and vice-chairman himself on many occa information as to English law in of the Association respect the eighteenth century which is Central News Agency.

and they were all placed under arrest.

After hearing the evidence they were committed to stand their trial at the next Criminal Bessions.

further contended that the a tions of witül azot

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