1893-04-10 — Page 2

Intimations.

THE HONGKONG TELEGRAPH, MONDAY, APRIL 10, 1893.

April TEL The Queen deeply sympathises with the people of Manila on account of the terrible fire of Good Friday, and sanctions vole of $6,000 for

UNITED STATES TARIFF REFORM. President Cleveland has semmoned the Cou- gress to meet in September for the reconsider allon of the Mackinley Tariff law.

VICTORIA DISPENSARY. relief.

AERATED WATERS.

LOCAL AND GENERAL. Tux Sandakan Races were to be held on the

JATEK.--The Water used in absolutely

pard. STEAM PLANT.Of the Istest and most 3rd inst.

powerful type. SUPERVISION; The whole process of manufacture is under the

THE P. & O, S, N. Co's steamer Formasa left Singapore for this port at dayligh; yesterday. THE Russian men-of-war Bobre. Villas, and Zablaka left Shanghai an the and fast, for

continuous supervision of a || Nagasaki, qualified English Chemist.

The PRODUCT.-Will bear cotipartson with the Waters made by the most noted makers in England.

DAKIN, CRUICKSHANK & Co., ID,

VICTORIA DISPENSARY.

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A. S. WATSON & CO., LD.

CHEMISTS BY APPOINTMENT,

ESTABLISHED AD. 1841,

MANUFACTURERS OF AERATED

WATERS. -

ir.

UR NEW FACTORY has been recently

OU refitted with automatic Steam Machinery

of the latest and most approved kind, and we

are well able to compete in quality with the bes English makers:

The parent Ingredients only are used, and the utmost care and cleanliness are exercited in the manufacture throughout.

"BOMBAY SODÁS.” We continue to supply large bottles as hereto- ove, Fras of Extra Charge, to those of our Customers who prefer to have them to the ordi

nary size..

COAST PORT ORDERS, whenever practicable, are despatched by first steamer leaving after receipt of order.

For COAST PORTS, Waters are packed and placed on board ship at Hongkong prices, and the full amount allowed for Packages and * Empties when received in good condition.

Counterfoil Order Books supplied free on application,

Our Registered Telegraphié Address is "DISPENSARY, HONGKONG." And all signed menages addressed thus will receive prompt attention.

The Apcar liner Japan, replaced by the Catherine Apcar, la to be sold at Calcutta on the rut June. WOODYEAR'S CIRCUS appears to be still (up to to latest advices-March 12th) doing wonderfully good business in Calcutta,

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A SMALL shock of earthquake paised over the Philippines on the rat April. Even Nature plays practical Jokes on All Feols' Day ! ACCORDING to the Comercio of March 9th small-pox has broken out la low quarter of

Manila, and several deaths bave occurred.

A COMPLIMENTARY public dinner was tendered to Herr von Brandt, the retiring doves of the Peking Corps Diplomatique, at Tientsin on the 4th lost THE returns of the number of visitors to the Clig

Hall Museum for the week ended April 9th, are -Europeans, 233; Chinese, 1,351; total 1,584,

THE Stanley Awfuls have had a roaring season in Calcutta. Our old friend Tommy, Empson had a magalicently successful benest on the 16th ult..

THE Tientsin Spring Races will be held on Thursday, Friday, and Saturday, 11th, zath, and 13th May. Entries close at noon on Saturday, 22nd Inst.

LAST month the Governor of Albay (Philippines] ascended Mount Mayon, a volcano in that province, hitherto regarded as inaccessible, and named it Reina Cristion.

On Monday morning last (3rd inst.), a runaway pany created considerable excitement on the

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Shanghai Bund for about half an hour. Ult mately the Sikh police ran him lo. THE steamship Sulley is leaving for Shanghai on Torsday, the 11th inst, at daylight; the mall closes to-day at 5 pm; late letters 5.10 to 5.30 p.m. instead of as previously notified,

not the Farm product, at 143 Praya West on Fox baring five tacle of prepared Malwa opłum,

| Saturday, a Chinaman' was fixed 360 at the Maistracy to-day, on the information of P.S. Moffatt

TN reference to the accident to the Haiphong, the Avenir proteste against the aseless expenditure by the Government in subsidising steamer to carry nothing else but ballast.and

official passengers.

A COLLISION occurred a few days ago la Dagupan railway station (Laron) between an emply passenger train and a goods trait, Cor- siderable damage was done, and the drivers and stokers were jojáred.

The following is a List of Waters always kept A REGULAR meeting of Perseverance Lodge, No. ready in Stock:

PURE AERATED WATER

SODA WATER

LEMONADE

POTASH WATER

SELTZER WATER.

LITHIA WATER

SARSAPAKILLA WATER

TONIC WATER

LEMON SQUASH GINGER ALE

RASPBERRYADE GINGERADE.

1165.-E.C., will be held in Freemason" Hall, Zerland Street, on Monday, the 17th instant, si 8.30 for 9 pm, precisely. Visiting brethren are cordially invited.

AT the Magistracy to-day, before Mr. Wode- house, two old offenders who were caught by a lukong early this morning in Kennedy Town with gars, kniver, and other nefarious imple- ments in their possession, were sent to gaol for

three months each.

In the Hanel Municipal Chamber M. Robert Mitcheli (hardly sounds like a French name, sh?) has introduced, a proposal to tax planes at ten francs per rest, partly as penalty for a public zular co to the neighbours, and partly as legitimate revenue from laxures. Hear, heart The P, & O. steamship Sully arrived in Hong. kong about 3 p.m. yesterday, two hours before

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rance with Chinese,

H.M.S. Sever left Shanghai on the 3rd last. for Chemulpo, via Nagasak, and is xpected back at Wooanng on the zist, but will not again go up the river. The French mag-of-war Forfait left on the game day for Nagasaki, FROM the Manila Diario, which recently stated that Harmston's Cirens had left for Hongkong the steamer Rowles, we now learn that the troupe salled in the Strathclyde on the 20th alta. for Singapore, and was expected to arrive there on the 4th, Inst.

A CHESE Breman was fined half a dollar by The main issues in the present caso therefore the magistrate to-day for being drunk and dis-wete (1) Was it possible for the defendants or orderly in Queen's Road Central yesterday she Club to pass such a role as role 40 otherwise afternoon. This is an exceedingly rare occur-thra unsaimously 2. (2) Was it competent for them to pass such a mis olberwise than at an (3) As a matter of fact, had this so-called rule drdinary annual general meeting, under rule 297 to ever been passed and confirmed and notified in conformity with any rule? (4) Was the attempt by the defendants to apply role 40 to the plaintiff Told for retrospection (5) belog Inregular, sey power to pass any Had the meeting of 26th September, 1891, resolution whatever? The defendants would answer that under rule 32, the acceptance of membership constituted an agreement that the member bold himself bound to the obset vance of the rules and bye-laws, or of any other THE boatswain and cook of the British steam-rules and bye-laws from time to time enforced; ship Cape Colonna got drunk yesterday, and but this ought to be read together with the other refused to obey orders; spirits are not allowed sales, and all new rules sdded must be fatores on the vessel, but they had smuggled some on such a rule as this was inconsistent with the generis with the rest, He submitted that board. They were brought before Capt, Hastings spielt and constitution of the Club, which was to-day and fined 35 each.

not a social club, as was clearly, shown by the Articles of Association, and by the history of the Club; therefore this rulo 40, which was essen tially a social rule and not a racing rule, was ultra tiras. The original rules carefully specified "frand connected with horse-racing as matter to be dealt with by the Stewards. Their powers were conduct of members was to be judged solely by clearly limited to borse-racing offences; the horse-racing. In this case, the plaintiff was only with horse-racing. The so-called rale 40 gave accused of an offence which had nothing to do must absolute fscretion or freedom as to what might be deemed "injurious to the interests of be expe led for simply serving behind a counter the Club, allowing in fact, that a man might in a shop, if the members, chose to think that injurious. Further, rule 29 provided that any alteration of the constitution of the Club could only be effected at an ordinary austal meeting, not at a special meeding; rules 30 and 31 pro- vided thai mere alterations in the rules must be made at special meetings; but he submitted that a mere alteration of rule. this was a matter affecting the constitution, not

On the 18th ulto, the foreign residents of Chinklang gave a farewell dinner to Mr. Susemihi, tide-surveyor and barbour-master, who was going home on leave. Mr. Tonkin presented him with a small souvenir and an eloquent address on behalf of the community. THE Manila papers mention that among the urasi Raster pardons, several political exiles at of Dr. Riml, whose caso. has frequently been Jole and elsewhere have been freed. The name referred to in these columns, is not mentioned, but he may be one of those referred to at fals On Good Friday afternoon a military funeral took place from Ft Canning hospital, Singapore, the death being that of a gunner of the Royal Artery from Hongkong who was landed there with heart disease when the steamship Malacca, chartered troopship, passed through Singapore with time expired men.

CAPE: J. W. Mackenzie, who for some time past has been in command of Messrs. Malcampo & Cola coasting steamer Pakis, has tren appointed to the command of the river steamer Oortyo river in oppostilon to the Parig and Powes of which will commence running on the Canton the 1gth lust. MANY of our readers will lesin with deep regret of the death, at Shanghai on the 4th instant, of Mr. E. W. Rice. The genial "Ned" came out to China in '65 and was one of the best known Agures in the Model Settlement. Death resulted from a brief bu açuto attack of paralysis, Mr. Rice was a bative of Boston, Mass., and was 53 years of age. Vale, Edward !

R.N., & coolle was sent to gaol for six weeks, Arthe Magistracy to-day, before Comz. Hastings, with hard labour, for having to his possession a watch and chain on the and fast, stolen from Mt. D. James, of Aberdeen Docks, on the 31st alto, at the Chinese theatre at Ap-li-chau. The coolie had several previous convictions agslöst him, and could not explain how he got the property:

any way, thought that if rule 40 had been passed His lordship, without wishing to prejudge in

objection would have teen raised, that it ought at an ordinary annual meeting, the converse

been equally tel. to have been specia). Either way it would have

be confouing two meetings, as there was Mr. Francis suggested that Mr. MacLean must absolutely no record in the shorthand notes bearing out what he said.

plaintiff's return to Hongkong. On August 27th father was, done until some time after the notice of meeting for 11th September A advertised in all three papers and sent to every Mr. MacLean was quite ceifain he was not member. Mr. Fraser-Smith attended the meet- confusing different meeting.

Ing and spoke in his own behalf, and the rule to exclusion of reporters was on account of my con voice. The same evening, notice was published Cross-examined I am not aware that the expel him was carried without any dissenting duct. I did ask the Stewards whether they had in all the papers stating that the motion had or had not rendered themselves liable to legal been passed and would be brought up for con proceedings for gambling transactions in Happy firmation on the 26th. At the latter meeting, 73 totalisator, and were liable to six months im- and I left before the voting. Thus every stop Valley, and for accepting percentage on the voted for confirmation, against, & did not vote, prisonment. It may have been on that account had been taken in strict accordance with the that the reporters were expelled. I went on rules. The point about the 15 days could not speaking, belog constantly interrupted. After be supposted as afted by plaintiff, alacs my amendment was defeated, Mr. Wallace the rule did not say on the 14th day proposed and Mr. Polts seconded addition of the words with the concurrence thing. In Dawkins against Antrobus, and the but " 14 days after," which was quite a different of the Stewards" in rule 40, which was carried Labouchere against Wharncliffs, the meeting I cannot remember the exact words. I aut clearly could not have been held enziler. Tibera absolutely certain Mr. Master said as I state. It had been evidence that this particular day was was not reported in any newspaper. I applied chosen to prevent attendance of certain members, to the Clerk, Mr. Hough, and the reporter, but there might have been force. In the argument i could not get a copy of the notes. If Mr. but no attempt was made to prove it. As to the MacDonald's notes showed that nothing of the retrospective action, it was submitted for the son occurred, I should think my memory defence that the rule was mirant to cover the exceedingly treacherous.

indefinite past, and the future as well, and on the face of it could not be confired to tha future. In the case ex parte Stalder the Bank- ruptcy Act of 1849 was held to apply retrospec tively-Norion and Gordane reports, Vol. I, P. 63. Similarly ex parte Dawson, in the matter of the Bankruptcy Act of 1869-19 equity Div..

By the Court I'am rersonally acquainted with Mr. MacDonald; I consider him perfectly capable, but even if he had no notes to that say what I have stated. effect, I am most podliive that Mr. Master did

Re-examined Mr. Wallace is now in Amoy, The Court adjourned from t until à pm. to the defendants to prednce as evidence the Mr. Robinson stated that he had given notice shorthand report of the meeting, which Mn without result. MacLean had previously (as he stated) asked for

His lordship said that it was not evidence. asked on oath whether he made a true report, Mr. Robinson said that the reporter would be and it would then become evidence.

Robert Fraser-Smith, plaintiff, said I am member of the Jockey Club. I received the notice of resolution of my expulsion, dated some time about Juve after coming out of gaol and prior to my departure to Australia, in June, after I came out of gaol, and before 1 I could not swear to the date, but I received It

details, referring to a conspiracy, consisting of went to Australia. I received a letter giving my baving handed a letter to Mr. Mitchell-lones. There was no other reason, to my knowledge. Mr. Roblara agreed that such objection It was on that account as far as I know, The might have been rated, but thought it would be date of the conviction was that of the November wrong, and that the present was the correct view. Sessions. The conviction was by four to three. Passing on, he pointed out that the rule was I have not been expelled from any other body passed on 17th Januety, 1891, but the confirma- an addition; a that no rule had really been

His lordship This is all frrelevant. It would lory meeting on 10th February passed it with

not justify the expulsion) If he was turned cut of every club, so how could the converse weaken it? passed and confirmed, but two separate motions Witness, proceeding, said that he maintained Dawkins against Antrobus it was held that the Club after conviction; raced (esccessfully) at the had been passed, and neither confirmed. In most intimate relations with members of the Comit could not interfere to prohibit action of apext meetings and was personally, asked, in Club, except in case of action contrary to natural August 1891, to join in the subscriptions for justice or to the rules but the Club in that grillas. This was after the meeting at which particular case could not expel one of the Tula 40 was pasted. members. A contract could not be broken with- out consent of the parties,

His Lordship pointed out that a rule of expulsion was in itself a power to alter a contract without consent, and so the Articles of Asso ciation of the Club were net like a commercial contract.

OWING to excessive pressure on our space we are compelled to shelve our critique on the fare well performance of the London Lytic Company produced "Turned Up The Lyrics sail in the was lavalld for retrospection, it could only have at the City Hall, on Saturday night, when they Mr. Robinson went on to state that the rule Suthat daylight tomorrow and we feel sure been intended to be prospective, for a retrospec in wishing this talented company bon voyageiro rule would be contrary to natural justice. and a good time in the North we are but ex. The rule said "who ever has been gulity of pressing the acetiments of the public of Hang certain conduct may be expelled by vote; but

kong.

REMINISCENCES of the London Lyrics.

What became of that girl-fused to know in London ?"

Ran away with Lord Noson, and wired back to the manager The Lord gave, and the Lord bath taken away,'"

"What did the manager do? Have her brought back to finish her contract?"

"No-red in reply Blessed be the name of the Lord."">

A HANKOW letter received by a Shinghal paper states that a number of Chloess tex bayers and merchants have lately arrived at that port from Shanghal, Foochew, and Canton, qelie bayand the number known for many years past, which may mean a prosperous season for the tea trade this year, although the disheartening news has been received 'rom the interior that the servere weather of last winter destroyed about one third of the crop, so that it is to be feared the out-turn will not be so great as le preceding

HONOKONDITES are le luck and on Friday and Saturday next will have provided for their

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the

did not mean before the time when the rule was passed, but before the time when the rete might be taken--for of course the vote must be sobsequent to the conduct on which it was based. Further, he contended that the meeting of September 26th was invalld becante it was not held exactly, fourteen days after the meeting of September 11th, being fifteen days after. In Labouchere against Wharncliffe, it was held that a few hours less than 14 days dis qualified the meeting.

His lordship thought that the objection could only be valid where the time was less; in this case it was more,

Mr. Robinson asked Mr. Francis to produce certain correspondence,

Witness stated that he had coples (produced) which had been reprinted la the Hongkong Telegraph, (Documents admitted as evidence and put in.) The notice of decision taken at

say when exactly, meeting on 11th September reached witness in the ordinary course, but he could not

His lordable did not see the relevance of this. whether the confirmatory meeting was duly Mr. Robinson said he was trying to find notified for

the fall 14

days. Witzen said he thought it was duly advertised for 14 days, probably from the same day as the first meeting; but he was not sure.

Mr. Robinson wished to put in the official record of the verdict in the conspiracy case.

His lordship What bearing has that on the case? You mean to show it was by a majority? Mr. Robinson-Yes I think it might have a bearing on the case later.

His lordship :-There is nothing in the plead. Ingu about it, and I don't see how there could be. Mr. Robinson therefore dropped the potat, and cloved his case.

retrospective action. It was, moreover, to be Court in holding that this rule 40 should have V. P. 433. These cases fally justified the

considered that, no matter when the action of Mr. Fraser-Smith towards Minhinnett was com mitted, his unsuitability for membership was conflaccus thereafter. He was expelled not thing, but because he was a man with because on a certain date he did a certala certain lasting stain on bim. The Court could not interfere in the decisions of Clubs except where opposed natural justice; the rule that the law courts were not to act as courts of appeal for members of clubs ought equally to be applied to the question whether the rule was ultra viras or not, where there was a doubt.

that where there was a doubt, the Court must His lordablp hardly agreed; that would mean not decide it.

Mr. Francis:-No; but the role of Courts of Appeal is that "to doubt is to sform."

His lordship was of opinion that he would be obliged to decide.

Mr. Francis proceeded to submit that, even if plaintiff had any cize, the Court had power to give damages to lieu of the Injunction asked for numerous precedents and examples were quoted and power was given by statute. The ipjutz done to the plaintiff, if any at all, was not of. such great or permanent character that it could

not be met by a single aum as damages; for all his interest would cease if he omitted to pay the subscripilan for any year. Therefore if paintiff bad any case at all, it would be amply met by damages, o

His Lordship-I don't think it could be a case for damage. If it was a mere informality there would be a natural remedy. If there is no power to make such a rule, then it is quite

another matter,

Mr. Francia urged that even if there was no power, damages would be better than fording the plaintiff into a club which did not want him. His lordship: Yes, but supposing he was wrongfully excluded from a privilege?

fully excluded from a partnership, by the unazi- Mr. Francis: Well, supposing he was wrong. mous wish of all the partners, I submit that would be a case for damages, not for an Injunc tion.

His lordship:-No, it would be a case for lading up!............

Godfrey Cornwall Chester Master said he was a member of the Hongkong Club, and WAR present at the meetings of 17th January and 10th February, 1891. The amendment by which the words 4 with Stewards were inserted in the new rula consent of the was made at the first meetings quite certain. Notifications produced a: dsworn to.) Withers had heard Mr. MacLean's evidence as to what witness said; it was absolutely untrue. No. remark was ever made by anybody at that meeting as to the applicability of rule 40 or to the intent to apply it to Mr. Fraser-Smith or any other individuri made no such remark, and nothing occurred Witness certainly at that meeting to give rise to such remark. Witness was at subsequent meetings, and identified several circulars and notices. On the evening of the a7th January, the day of the first mecilog, the advertisement of the second meeting appeared in the China. Mall (pro duced), and circulars were also sent round. On passed with one dissentient against a very large Sept. 26th, the resolution for expulsion waE number of supporters.

Mr. Francis, after briefly rehearsing the Mr. Robinson submitted that it made as much admitted facts, submitted that the Jackey Club difference, and was quite as important; people had absolute power to revise or alter or add to going to Europe might fix their voyage so that is own rules and constituilen, under the Articles they would just have time to attend on the four of Association. Rule 22-"acceptance of mem. teenth day, but not a day later. In this case,bership blads the members, to adhere to the the fifteenth day fell on the Jewish Sabbath, rules, and any subsequent sales." Even if Ms. which also was an important factor. The object Robinson's contention was correct, that subse was not merely to gire a fortnight's clear notice, quent rules, must be to the sme spirit as the but to fix the time of meeting precisely, so that original rules, even thes, this rule 40 was so in people might know when to attend.

accordance therewith 1 and the object could have been attained as eally by a simple amendment of the existing rules. There was this, in that the home body confined itself to difference between the English Jockey Club and regulating sport, whereas this actually carried out races. Further, though the original members of Club, atece then the membership had been notice dated rath September, of the meeting on the Race Fund were all admitted to the Jockeyber the date on which he received (by rot) the strictly limited and made select. In Dawkins the 26th. With regard to what Mr. MacLean against Antrobas, quoted by Mr. Robinson, and, witness was only at the meeting as a private an original member from the fandation of the plaintiff raised the same point, that as he was member, not in authority. Club, it was whra virer to expel him. It was held that the Club had power to make any rules which might seem secessary to the interests of

His Lordship was of opinion that it was not possible to give 14 days notice exactly, so that bad concluded at 5 pm, and that as the 25th clear would do. If the meeting on the 11th

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No Credit given for Bottles that look duity ar gressy, or that appear to have been used for other purpose than that of containing Atrated vered at once, being both her own and that of mysterious' conjuring entertaliménta’ever wit objected that it was 13 days 22 hours.

Waters, as such Bottles are never used again by

'A. S. WATSON & Co., LIMITED,

the Farra, which was disabled in the Sues

Canal, and is expected here about Sunday next (16th inst.)

THE Vanishing Act again i Not a very expensive one this time, because it is not a Government The Hongkong Dispersary, Hongkong or bank affale; only a measly little tes dealer, English, lately established in Hongkong from Canton, named Cotton. Liabilities about $ta or so. Destination not known. Left on Friday or thereabouts. The cry is still "They go !” FOR cruelty to some to or to bullocks by a ding them from cargo boxts at Kennedy Town with ordinary cargo slinge, yesterday, á junkman was fined $10 by the Acting Police Magistrate to-day. One of the animals had fis leg breken, and other damage done; the cattle could easily have been landed across grogways. P.S. McIver prosecuted.

BIRTHS. On the 3rd March, at Haslemere, Clapham. common, the wife of EDWARD ALFRED PROBET, of Shanghai, of a son.

Send March, at the residence of her father, Briggins Park, Ware, the wife of DOUGLAS JONES, of Shanghai, of a daughter.

DEATHS.

On the 25th February at Chelmsford, SAMUEL JOSEPH SMITH (formerly Wesleyan Missionary at Canton, Chlor), aged 64.

At Shanghai, on the 4th fastsat, EDWARD WILLIAM RICE, of Boston, Massachusetts, in his 53rd year.

The Hongkong Telegraph.

HONGKONG, MONDAY, APRIL 10, 1893.

TELEGRAMS.

Ꮧ .

LABOUR RIOTS,

LONDON, April 8th,- A Serce straggle has arisen at Hull between unlons,, Several fieres scuffies have occurred. the shipping federation and seamen and dockers occupying the quays to give protection to The police have been largely reinforced and are freemen; the Military are also held in readiness. COURT MARTIAL

The enquiry into the recent accident to H.M.8. Undaunted resulted in exonerating Lord Charles Beresford, C.B., and admonishing Commander Richards for faulty steering,

SPAIN AND PORTUGAL The new commercial treaty between Spals

MADRID, March 28th.

and Portugal was signed today.

EASTER

Maha March gist. : On the occasion of the Easter celebrations, the queen regent has granted a free parded to Tambal, condemned to death by the Pallippines, Cent in a great case zacrily,

ONLY a delicate clerical jake perpetrated it the Cathedral this forenses. A christening ceremony in course of development Child much in evidence. Name sought by officiating parson. Beatrice Victoria smilingly answered the proud mother. "Surname "Nusa." "None" expostulated the master of ceremonies. "N. Ob !" with wink and a big splash, "Beatrice, etc.

+

THE Governor-General of French Indo-China

nessed by Western audiences. A local Chinese

yndicate recently brought the famous Imperial Ching Ling Foo troupe of conjurers from Pekick Intending that the performances should be private, but the extraordinary mertus of the troupe having come to the knowledge of Mr. Williams Farmer, of the Victoris Hotel (who by the by is an old showman) arrangements have been arrived at which will enable far- eigners, for the first time, to judge of the meritu of the professionals who cater for the pleasure of the Son of Heaven. Fall particulars and pro- gramme will appear in the course of a day or two

་་

SUPREME COURT. ·-

have

11th to 25th would be 14th days clear by the Mr. Robinson said he could not think so ; for calendar.

His lordship I am quite sure I must do you would have taken that point if it had bean the the credit, Mr. Robinson, of saying that you case (Laughter.) In fact, I see in the original pleadings you made a mistake and thought it

ÎN ORIGINAL JURISDICTION. His lordship pointed out that under the rule, during the 14 days the nalices must be clicy. (Before Chief Justice Plaiding Clorka.)|lated so that it clearly meant 14 whole days, and therefore the meeting could not be held on 74, 10th April

the 14th day.

THE GREAT JOCKEY CLUB CASE, A The action of Robert Fraser-Smilk against Thomas Henderson Whitehead and others (Stewards of the Hongkong Jockey Club) for an rights of membership, came on for hearing to injunction to prevent interference with plaintiff's clay, the preliminary issues having been decided

month ago, as reported in these columns.. Mr. :

Mr. Roblason, after further dwelling on the point, said the nous of proring that the notices did circulate 14 clear days lay on the defendant; he then put in several records of Jockey Club committee meetings, etc.

#

Cross-examined-Witness could not remem

relevant, but if Mr. Robinson really wished to His lordship suggested that this was utterly take it, there was no objection.

In

Thomas Frederick Hougb, clerk of the course 1891, proved posting circulars on 26th August, 1891, to each resident member. Withers was not then Clerk. On 11th September witness present when rulo 40 was confirmed, but was was Clerk-alace about May, 1891and was at the meeting. The resciallon of expulsion was carried wam.com. At the confirmatory meeting there was one vote against, 73 for, and 6 did not wote,

Cross-examined -Witness had the minutes of the Club, and could refer to the Committee meeting held directly after the conviction, r

Mr. Francis objected to the matter being in troduced as irrelevant, -7% N

Objection upheld, The Court adjourned. at 4.15 p.m. katil 10.30 .. to murrow. HONGKONG ATHLETIC SPORT'S.

the clerical error of the copying clark.

Mr. Robinson explained that that was merely the Clab. The same held good in the case of forth west on to quote instances to which a

He the Hongkong Jockey Club. There was a rule low hours error had invalidated, meetings; of the Club should be broughtforward at a general that no question affecting the general Interests and submitted that where the procedure was meeting except with certain notice, and that im exactly prescribed, it could only be varied piled that it was not wilra vires to bring forward with the express sanction of every Indivi- such questions, even, to alter the constitution, if dual interested.

properly done. As to the plaintiff's objection that such matters could only be done at annual meetings, defendants" piged that the rule quoted was only permissive, not com- pulsory. The next point in plaintiff's case was as to whether the rale (40) was properly and regularly psased and confirmed, and whether it WAR competent to pass it otherwise than un- animously, Defendants submitted that un- animity was not necessary and that there was no irregularity member of the Jockey Club. I was present it were present, and that the sole was passed with passing the rule. Evidence William Pender MacLean stated :—I am a

would be put in to show that some sto members the meeting on 27th January, 1891, at which only two dissentients. Notice and bean rule 40 was passed. Reporters were present at published in all three, local newspapers, giving Robinson, K.C.M.G., H.E. Vise-Admiral Sir

Patrons ---Hia Excellency Sir Willia E. Robinson, instructed by Mr. H. Holmes, was the beginning of the meciing, but their presence the full text of the proposed rais for plaintiff, and Mr. J. J. Francis, QC, and was objected to and they were expelled. A Mr, H, E. Pollock, instructed by Mr, G. C. C. report was taken for the Club by Mr. MacDonald, pisiatif admitted that the role was passed, but HF Bary Palliser, R.N. Committee:-Dr. J. MORE. D. Freemantle, K.C.B, C.M.G., H.E..Major- His lordship pointed out that on the pleadings, General G, Digby Barker, C.B., and Commodore Master (Johnson, Stokes, and Master) were for of the China Mail. proposed and Captain questioned its confirmation, and that only M. Alkinton, Messrs. A. L Cay, H. J. Gedge, the defendants,

Ashton seconded an amendment to rule 40, Mr. Robinson, la opening, did not read which was lost. All present did not vote for showing the amendment in the rule referred to Hon. A. J. Leach, Mr. A. L. Cay, and Mr. R. K.

Mr. Francis proceeded to read the notices, G. Meynell, sod C. H. Thompson. fudges: the pic de preload app art in the rule 40's many remisled neutral, and I opposed by Mr. Robinson, words having been inserted Leigh. Referee Mr. A. G. Wise. Handl hearing of the preliminary times, which were Mr. Master distinely said at that meeting after the role was first paned, and before it was cappers: Dr. J. M. Atkinson, Mr. A. Denison, decided by his lordship for the plaintif. The that the rule was pot intended to refer back confirmed, with the unanimous, consent of all: 20d Mr. P. A. Haceland general propostilon new brought forward was to Mr. Fraser-Smith's pact conduct. Mr. Master present. After that, ten members, sest in Mr. 7. Hough, Mr. C. H. Thompson, Clerk of the

MESTER. Cassell & Co.'s publications, the midst | conizact between plaintiff and defendants, Casta | Touospecifva Intention, a "far so the Was On May 16th the Stewards sent plafatiff. Grant E. Hughes, and G. Meyacli. Hion, that the Articles of Association constiented personally emphatically disclaimed any such requisition, under the rule, requesting the and Dr. M. Alkinson. Starter-Mr. G popular in the world, and the best value for the quoted on an masa kelas

Stewards to call for dr. Fisser Smith's resign A Caldwell, Time Keepers Messrs.] aguiret plaintiff.” I spoke criticising concerned. money, are again to hand, the March numbers 1879-Labouchers of Whameliffe, the proposed rule on the ground that its a copy of this, and called on him for his defence Treasurer Mr. H. Plackney, Ham, Secrets y folly matatalolog the world-wide reputation for 13 Ch. D, 346, 353-4+

1887 Dawkins, Animbus, 17 Ch. D. 613, Fraser-Smith, and was intended to refer back they would decide, galost him... Owing to an

based on personal animosity against Me by the following Saturday, in default of which Mr. A. Denizan. excellenes. "Tae Saturday Journal has su frontispiece x baxsatiful lille work of art, prettily. 62,628,630, and 13)

AU Mr. Master disclaimed any such intention. I omission in the. Stewards letter, the time had were held In Happy Valley on Satur

The annual Hongkong Athletle concaired, in soft colours, and admirably 118-Lambert. Addikon, 40 la N. 8. was present at the meeting of September 11th, to be extended to the 6th Jane, when he ap day (8th) and were most ancoessfully plate," There is a geed ariela by Sir James 18%-Lyttleton . Blackburn, 45, J. Ch, letter was road at that meeting, from a member to Australis shortly after that ime: Defendants an efficient committee. There was a large execated "The story of the willow pattern - 20, 24.

when the vote of expulsion was passed.A pested before the Stewards Plaintiff went away carried out under the supervision of Linton, R'A., op.bisck-and-whlie drain principle war zigo laid downche di

Mr. W. H. Wallace! (Letter produced by Men submitted that it was not necessary for the attendance including H. E the Governor and "Franda, at Me." Hobinson's request.) In the Stewards to hear plaintiff's defence at all the Lady Robinson and the rank and fashion of the 1836-Hector p. Flemyna Merson and event of Fricer-Smith mentioning that I stated criminal conviction was as oned sufficient Fat land. The band of the Shropshire regiment Welsby 185. ***

A striking intration of the izlogency of the should not be retrospectiva, I suthorise you to tunity to defend himself. Then, on 12th Jane albuted to the enjoyment of the afternoon. The it was understood at the meeting, that the rule they want further, and gave him every opper played a member of selections and greatly con principle as appiled to Clube was le say that I did say so, but that I now and I was the Stewards certified their concurrence with the weather was cool, but faire

$115-Davies 9. Hawking, Maule nad vadeza wrong impression, and have since withe requisition, and notlded plaletini who replied by the following are, the results of the differena Salayo 488, 493

kom Post Daiwia'sofusing to rings, Hothing | ovsatsioo

was to arrive at Tourane on the 24th alt, but was delayed a few days at Saigon. The Todrane municipality drew up an address, in the course of which he was to be asked to notice the anomaly that the P. W.D. there cost $5,000 per conclusion, the hope was expressed that the year in salaries for $1,000 worth of work and In Tourane Coal Company, with the favour of the Government, would be extricated from lisaesent difficultles,

another by Mr. Frank Lockwood, Q. C. M.P” as breach of promise 3 and a wealth of mis. collaneous read ng. The Quiver and Work are also well up to the standard, the latter. having into eating descriptions of Suenschow pridge and the new Tower of London bridge, and other valuable technical matter,