1903-08-17 — Page 4

Kutimations. “

3. WATSON & CO.,

LIMITED.

INE MERCHANTS.

*

ESTABLISHED ́A.D. 1841.

LARET S

ON LARRIVET ... 20.00

22:00

STEPHE

LIEN..

10.00

OSE

13.50

..$ 8.00 $ 9.00 11.00

1.1.50

TEAU HAUT,

TEAU MOUTON

MAILHACQ

...... 2.4.00

TEAU PONTET

ET..........

28.00

TEAU LA TOUR

NET

EAU RAUZAN.. EAU LAFITE

33.00 18.00

54.00

26.00

CLAKETS are specially selected ained from the LEADING FRENCH ERS; they are of exceptional value fine condition.

NOTICE.

THE HONGKONG TELEGRAPH, MONDAY, AUGUST 17, 1903.

All enmmunications interlod for publication in The HONGKONG TELEGRAPH hold is Buddrowed to the Editor, I. Ice House Road, ad should be accompanied by the Writer's Name and Urdinary husinow communication should be addressed

to The Manager.

Addrese.

The Editor will not undertake to be responsible for any rejected M8, nor to return any Contribution.

SUBSCRIPTION-RATES (IN ADVANCE), DAILY-180 per

WEEKLY-13 per numai. The retex pur quarter and per mensen, proportional, The daily and is Julivered freo when the address is accessible to mevenger.. On copies sent by post an additional $1,80 per quarter is charget for postage, The porlage on the weekly bone to any part of the

wodd 30 con per quarter. Single Copics Hally, can cente; Weekly, twenty-

tive Cents.

The

The Corean Government are considering a proposal for the formation of a Navy. The matter has been discussed at a Cabinet meeting.

of the annual increase of $1 a month. With FOne more chance to buy a Kodak for $5; a the growing cost of living in China, and the good Koduk. LeMunyon, 31, Des Voeux diminishing value of the dollar, they contend Road-Adul that this wage, which is not augmented by an allowance for fuel or light or the provision of furnished quarters, is utterly insufficient for any European, more especially as the maintenance of a native servant is indispensAs the time draws nearer for the Cup Race the able. The Consuls have great difficulty in belief grows in America that Sir Thomas obtaining, or at least keeping, suitable menton's yacht, Shamrock II7, has more than a as constables, and it is believed that they food chance to lift the trophy. have repeatedly recommended the payment of a better salary,. If it is a fact that these constables commence on a salary of $75 per month; minus allowances, we are not in the least surprised to learn that complaints. are being received at home on the

on the 7th inst., King Peter ordered the arrest of many important Servians for conspiracy This was done upon evidence furnished by the newly appointed Minister of War,

ALONION cable of th inst. states :---China, Fin pursuance of the repeal of the regulation turbances, casi new import arms and munitions of war.

THE HK., C&M SB. CO.

• v. THE GOVERNMENT.

touk 1',cir-loase with it beforebadd?" The plaloids, however, state that they did not immediately object because they, thought" JUDGMENT FOR DEFENDANT,

was only a temporary erection.* This explana- tion is unsatisfactory to m, and I am of Puisne Judge, His Honour A. G. Wise, such a covenant could ever be implied-it

In the Supreme Court this morning the opinion that under the circumstances even if". Save judgment in the action brought by the ought not to be in this case (see Robson v.... Company, Limited, against the Atomay these reasons Hongkong, Canton and Macau Steamboat Palace Chambers 11 Times L. R. 56). For

am of opinion that -- General, on behalf of the Government of there has been na breach of contract as alleged Hongkong, in which the plaintiffs, sought by the plaintiffs. The defendant also contended w obtain a declaration by the Court that that the whole action was founded on tort and matshed was a breach by the Government of anthe Crown, and quoted Feather v. Reg. (referred the erection and maintenance of a certain that no such action could be brought against

agreement and lease; that the erection and maintenance of a substituted matshed was a breach by the Government of the Crown lease; restrain the Government from continuing the and that they should have an injunction to

he Hongkong Gelegraph neat for reform in the Consular system imposed by the Poivers doring the internal dis- breach of the lease and from obstructing the entitle a petitioner to redress, and that, as our

HONGKONG, MONDAY, AUGUST 17, 1903.

FRENCH INDQ-CHINA.

From a well-informed source, we learn that changes in the personnel of the present administration of French Indo-China are impending. As a paying concern French colonien the Far East have never been considered as up to much by those acquainted with the fiscal administration of the country. M. Beau,' who succeeded M. Doumer, the active colonial expansionist, with M. Charles Hardouin as his secretary, has not succeeded in the Sisyphian task set for him in adjusting the financial condition of the possessions of France in the Parther East. His was a difficult task, and it is not surprising that flic report reaches us now that the Governor-General is at his wit's end to adjust the Budget for the next fiscal

A Collár has not very great purchasing power in China nowadays, and to live on $75 a month with the prospect of a nominal annual increase will not tend to increase the efficiency of the constabulary department of the service.

LOCAL AND GENERAL.

THE Hungarian Cabinet has resigned.

THE British cruiser Sider left for Weihaiwei yesterday,

GENERAL Coronnat has been appointed com- mander-in-chief of the troops in French Indo- China,

Do your own developing without a dark rooni by using an Eastman developing anchine. LeMunyon.--Advt.

Two further cases of plague have been noti

since January 1st, of 1,395..

WHITAKER Wright, the notorious English embezzler who was extradited from America, has been released on ba 1. The bonds for his "release were placed at a quarter of a million .dollars.--Er.

À NATIVE was this morning sentenced at the Magistracy to six months' hard labour for try. ing to shatch a 'silver watch and chain from P. C. Price while walking along Queen's Road yesterday afternoon.

Two months' hard labour, fourteen strokes with the birch, and solitary confinement, was the sentence passed upon a nat ve at the Magistracy on Saturday for snatching, an 'um. brella fr in a servant girl,

to before) where Cockbum. G. J. states “ It ́ follows that a petition of right which complaing. of a tortious act dons by the Crown or by ai

discloses no matter of complaint which can public servant by the authority of the Crown.

plaintiffs' use of their wharf, and claiming dam: Code of Civil Procedure, Sec. 478, enacts that ages for the breach, obstruction and injuries claims against the Colonial Government must together with costs of the action.

be of the snine, nature as claims within the pro- Mr. E. H. Sharp, K.C.(instructed by Mr. H. J.visions of the Petitions Of Right Act 1860, this Gedge, of Messrs. Johnson, Stokes and Master) action does not lie. Although in the face of appeared for the plaintiff company, and the my previous ruling" it is udnecessary to decide Attorney General (the Hon. Sif H. S. Berkeley) this point, yet I am inclined to think that instructed by Mr. F. B. L. Bowley, Crown at, all events when these proceedings "were Solicitor, represented the Government,

first instituted the right of action, if any, was in the nature of an action for trespass, though I have not found a case that- goes quite so far, The Attorney General also referred to Schedule D. of Ordinance 15 of 1889 and as there is no evidence before me, of exact dates of the commencement of the vai bal negotiations between the parties, and as the Crown Lease ran from January 1st, 1900, I do not feel inclined to rest my decision on this contention. As the result of the above I find that the defendant succeeds on the issue of law and is entitled to his costs, The Court adjourned.

year, which promises to reveal a large de.ned, which, with 13 last week, make a total, A NEW York wire of 12th inst, states that inued in force until the execution of a Crewn

ficit. His Excellency has, therefore, had to fall on the Conseil Superieur for advice, and a meeting of the chief council of French Indo-China has been called for the 28th inst. when the principal business to be con- Considered by that body will be the subject of

THE CHATEAU BRANDS tommended to the notice of rs as high-class after-dioner Wines.

guarantee our Wines and Spirits to. aine, only when bought direct from the Colony or from our authorised

at the Const Ports.

LIMITED,

HONGKONG DISPENSARY.

THE Zionists, otherwise known as the Dowey ites, a sect that had its origin in Chicago, about five years ago, have been prohibited from settling in St. Petersburg.

sent to various regimen.s.

LAND SALES

His Lordship' said In this case the plain tiff's cla'm damages for the breach of the pro- visions of a verbal agreement and Crown Lease, and for the obstruction therefrom. There were also certain other allegati ns in the pleadings as to illegal searching, but as no inention is made on those points in the claim, and as I am clearly of opinion that the plaintiffs could not recover damages under those leads I shall ignore the paint altogether. The facts are shortly as follows:-in or about December, Fresh Kodak Him, plenty of them, at LeMun- 1899, the plaintifs entered into a verbal agree. yon's, 31, Des Voeux Road.-Advt.

ment with, the Government for the erection of a wharf, and the said verbal agreement con-

Lease, dated October 1, 19at, which was for a period of 28 years from January 1, 1993. By this Crown Lease the right of erecting and maintaining the wharf way demised to the plaintiffs. Prior to the execution of the'said

At the offices of the Public Works Depart Crown Lease (October 1, 1931) the Government this afternoon two lots of Crown land ment erected a matshed over the sea against situated between "eep Bay and Ping Shan, New the eastern side of the said whatf. After Teritory, were put up for sale by public auction, The first of these, comprising 4,900 square feet this matshed was injured in a typhoon and the Government erected another one about five knocked down to Mr. Li Pak at $350 or 5:52.

above the upset price. The same gentleman also secured the second lot, which comprises 10,000 square feet, for $680 or $480 above the reserve. The Crown rent is $18. It is interes." ting to note that in Sir Henry Blake's despatch on the New Territory, printed in our columns

three thousand natives of the Island of Martini

hurricane. que are homeless there owing to a frightful Funds are being inised in New York to assist the destitute.

ACCORDING to a wire, dated London, 9th inst., the Board of Trade bas stated that its atti- tude on the plan of the Colonial Secretary

system of Great Britain, is adverse.

NEW TERRITORIES.

EIGHT Chinese have arrived in Berlin to serve ways and means." The finances of Tong-in the German Army. They are to study Ger- king have been drifting from bad to worse

mau first at Cassel, after which they will be as to a revision of the present Free. Trade the commencement of these proceedings and held at an annual Crown rent of 88; was and when the recent disastrous storm swept over the country, matters appear to have bein precipitated. Owing to the destruction of the crops by wind and water, the natives have been reduced to a state of impecuniosity, "and the price of rice-their staple food- has risen to twice its normal cost. Rumour has been busy associating the name of M. Pierre Baudin, the Deputy, and ex-Minister

. WATSON & CO., of Public Works, with the supercession of M. Beau in the governor-generalship of French Indo-China. The Press in Saigon and Haiphong, under practical Government _control and probable subvention, scoffs at the mention of M. Baudin's prospective appoint. ment to Tongking is well-known ability and his ready appreciation of the superior commercial methods of England over that of France may lead to a change in the com- mercial policy of his country in these regions

TELEPHONE NO, ŋŋú. LE ADDRESS: "ACHEE," HONGKONG,

A. D. C. CODE, 4TH EDITION,

ESTABLISHED 1859.

THE Coronation of is Ighness the Sultan of Selangor has been definitely fixed for the 13th of September. The ceremony will take place

at Klang, where His Highness now resides,

A ST. Petersburg telegram asserts that the Russian Government are resolved to prohibit ing the ensuing six years pending the re- the residence of foreigners in Manchuria dur.

storation of order.

Framing, fancy and artistically done by Le-

Manyon, 31, Des Viax Road-Adv!.

Tue name of the man who fired two shots at the French premier, Combes, is Picolo, an Italian. He has been arrested, but the official version denies that an attempt had been made

on the Premier's life, or that the shots were fired at his carriage.

with incalculable benefit to the Republic THE P. & O. Company's steamer Himalaya,

Óriem. | on toth took

A DESPATCH from Seoul, dated 7th inst, re-feet away from the wharf The matsheds were ports that Russia has obtained from the Korean used by the opium farmer for searching pas- Government a lease of two hundred acres of sengers. The plantiffs complained that these territory on the Yalu river. The lease is for matsheds caused an obstrection and interfered the customary period of ninety-nine years.

with their right of access and therefore were in breach of the provisions of their original verbal THE alleged secret treaty of Russia with Thi agreement and subsequent Crown Lense. bet has greatly excited China, says a Peking After the pleatings had been filed the Court wire of 9th inst.

Thibet is a dependency of ordered that an issue or issues of law should be China, and is governed by mandatias sent

framed and disposed of as a preliminary step. Accordingly, the following issue of law was

Saturday, H.E. refers to "a wealthy and enterprising Chinese gentleman" who has es tablished an experimental farm, in the New Territory, in the conduct of which the Botanical Department is giving him assistance

from China. It is believed that Russia is trying agreed upon :-Assuming that the acts, facts, and advice. It is well-known that Mr. Li

to get control of the country.

THE war is on in the Balkans, says a London cable of 8th inst. Eighty thousand Turks are arrayed in one army opposing the revolution- ists. The Macedonian revolutionary com- mittes has sent out a proclamation fix. Augus! 31 as the date of a general uprising against the Turks, "The Powers will un-

state of affairs keeps up. doubtedly interfere in Macedonia if the present

matters, and thingsalleged in the amended state- ment of claim and reply (included by consent) are proved do they constitute a cause of action by the plaintiff against the defendant? Eefore going into the case, I had better dispose decided in their favour, puts an end to the action of the point raised by the plaintiffs which, if

at once. In the amended statement of claim it

erected a matshed, and it is alleged that the is alleged and admitted that the Government

erection of such matshed was a breach of the

Pak has extensive grounds in the Deep Bay district, and he has doubtless purchased the land in furtherance of his scheme...

CANTON RIVER COMPETITION,

THE NEW FRENCH STEAMERS.

and the Charles Hardouin, named after the two The two twin-screw steamers, the Paul Beau

well-known French officials now at the head of

Indo-China

CO., and her cherished passions in the Orient, which left London an gede lit, tank the folow New York reports that the trouble between Government of the provisions of the said verbal the French Indo China Government, and

CHEE & CO.,

利廣

17A, QUEEN'S ROAD.

JRNITURE DEALERS.

ING-ROOM,

DINING-ROOM,

and BED ROOM

FURNITURE. ·

TRO-PLATED,

GLASS, and

CHINA WARES.

EUR'S MICROBE-PROOF

FILTERS,

OCHESTER LAMPS,

adviser an

labour and capital grows more acute all over

on behalf of the plaintiffs that by the terms of strikes raging now-especially is there friction admitted that there had been a breach and that There are a dozen big the issue before the Court the defendant had

and employers of this sort of labour. In New defendant contended that he had only admitted between Union members of the printing trades, therefore there was an end of the matter. Tie York there is a combination of employers reacts, etc, namely, the erection of the matshed, presenting billions which has thrown down the but that he did not admit the breach, as that was gauntlet to those unions asking the impossible, not an act, etc., but a mere deduction of law made by the plaintiffs, and I am of opinion ibat such contention is correct, if 1 had been hearing this case with a jury it is perfectly clear should not have left the question of breach to the jury. Therefore I think that the plaintiffs have failed in their contention. As think that it will be convenient, having decided to the other points raised at the hearing. I that the defendant has not admitted a breach,

official of tried experience Singapore bar silver, £10,000; Hongkong coin and great repute in fiscal matters who silver, L15,075, The P. & Q. Socotra sailed the United States.

on 11th ult, with 4,600 in dollars for Penang. was out in the East during M.. Doumer's regime. It seems preity certain that party THUS a Tokio wire of roth inst.:-Every in- politics in France begin, although tardily, to coming linee from America brings Japanese realise that for the successful administration from the United States aud from Hawaii. They of her colonies officials with business apti-are pouring in to onlist in the army of the tude are required rather than mere illusionists Mikado. The spirit that animated the two and has an organized bureau to fight them.

sworded warriors of. Japan before the Meiji reign is supreme.

IT is reported that twelve days ago a gang of WE understand that half the capital, ora quar robbers decoyed one of the wealthiest and ter million dollars, of the proposed Canton and most charitable merchants of Canton to the Hongkong Ice and Cold Storage Co., Ld., bas hills, and then demanded from his friends the been privately subscribed, and that only 25,000 payment of $10,coo as ransom at the same. shares of Sto each are now offered to be sub.time threatening that if the money was not scribed for by the public. The promoters are represented almost entirely by Chinese,

for further territorial aggrandisement with no resultant practical benefit to the Republic.

THE REFORM OF THE COM

SULAR SYSTEM.

"The writer of an article in a recent num-

ber of the Quarterly Revice exposes the faults and shortcomings of the British Con- sular system, and after going point by point through its indictment, says, "we claim to WHITE TURKISH TOWELS. have shown that the whole system stands in urgent need of thorough reform; and that need was never so great as to-day, when our commerce is threatened on all sides, as it never has been-before, by active, enterpris. ing, and intelligent rivals. The materials

COUNTERPANES...

ING RANGES, TCHEN UTENSÍLS, and

HOUSEHOLD REQUISITES.

:

forthcoming the captive would be murdered in ten days. The ransom not being handed over the merchant was killed at the expiration of IT is a neat coincidence that when the battle- the ten days. We have been unable to obtain ship Goliath was leaving Colombo harbour on further details of the affair, but there is no her way home she was assisted away from her reason for doubting the information which moorings by the little harbour tug Goliath. It came from a well-informed European gentle is a mercy the latter was not called David. man at Canton; + Fer in that case she might have run the battle-Mail your films and Kodak orders to LeMun- ship down, quite by accident, of course.

yon, P. B. 368-Advt:

RETURN of visitors to the City Hall Library

breach, reserving the further question raised to consider the question as to breach or no

as to whether this action is founded on tort or contention that this action is founded on con- on contract. Taking therefore the plaintiffs' tract it will be necessary to inquire as to what

are the general rules to be followed in con

struing contracts of this attire. It is clearly

laid down that in construing grants from the Crown such grants, contrary to the usual rule, are to be construed strictly against the grantee,

for that reform are ready to hand. We assert and Museum for the week ending 16th Augustart photographer, as during the past few weeks and that nothing passes except that which is

OTOGRAPHIC that public economy has in this particular EPARTMENT.

LOPING and PRINTING

DERTAKEN for 'AMATEURS.

GOOD WORK,

PROMPT RETURN. cong, 8th July, r9oz.

[728d

MICHAEL AND

CLARKE, ·

BULTING ENGINEERS AND.

1903 :-

Non-Chinese Chinese......

Total

Library Museum 208 49. 74 2,201

282 2,251

been carried to a point at which it ceases to be compatible with efficiency, and becomes the worst form of extravagance. But we have also shown that, even if no addition is made to the present parsimonious votes, the nation should and can obtain a better, far better, return for its outlay than it now gels." This unsatisfactory state of affairs is now borne out by Labouchere, who gives a local bearing to the indictment by asking that someone in authority at the Foreign Ofice might look into the case of the consular constables at the British Consulates in China and Japan. He maintains that these appoint. ⠀:" ments, for which a small Civil Service examin-A LADY and gentleman recently married in, carbon effects should please the most fastidi ation has to be passed, are generally held by Hongkong returned to Manila where the latter ops, Mr. Clark is not hampered for want of men who have served in the Army or the said he had a deuce of a time in the British space in his workrooms, each process necessary Navy, and it is seemingly on the hucus a non city in making the contract." He told of how in the production of a photograph being carried lucentio principle that they are styled con- the authorities tried to put him off fifteen days on in a separate department so that the chances stables, for the duties they perform are before the knot could be legally tied, but iner of an indifferent picture are reduced to a mini- practically those of shipping clerks. What rough special fee to the Governor for his mum. Sitters who have patronised the studio services the wedding was allowed to go are more than satisfied with the results, and they complain of, he says, is not their official However, his advice to all "lads" who are in readers should inspect some of his work which designation, but the inadequacy of the initial the market for such speculation is to bearded should secure for this enterprising panto Lasse salary of $75 a month, and the niggardliness outside of Hongkong

grapher a fair share of patronage. Beer to drink in the tropics is the Bear is the tropics-SAN MIGUEL:

THE Beer to drink in the tropics is the Beer

nick is the Feer.THE. Beer to drink in the tropics is the Beer de in the tropica-SAN MIGUEL

• made in the tropics-SAN MIGUEL:

deeritonics NIGUEL

HONGKONG evidently offers a good field for the

another studio has been opened in Victoria, expressed or which is a matter of necessary and unavailable intendment in order to give and judging from the quality of the work that. is being executed a successful business should affect to the claim and undoubted intention of result. Mr. C. W. Clark, who was for many

the grant (sec Cockburn. C. 7. Feather v years engaged in the United States, has opened case the demise in the Crown Lease was the Reg. 6 Best and Smith 283) In the present a. European studio at 4, Ice House Street where

I printing a wire regarding the renewed, an elaborate set of rooms replete with modern right of erecting and maintaining the whor! activity of Mount Vesuvius, the Callen fittings and photographic accessories has been and nothing else so far as the wording of the points out that, according to the Manila Obser- specially arranged. The studio is exceptional vatory reports, the movements of the magneticly bright and attractive and the acrecis for needles, has been somewhat irregular and controlling the high lights are such as should extraordinary during the last few days, and produce well-finished negatives. His cameras showed some agitation, owing, perhaps, to the are of the latest make and evidently contain fuence of he volcanic eruptions of Vesuvias most cosily lenses, asthe pictures and portraits and those in Martinique.

already taken are sharp in every detail, while the prints on aristo peper for platinum and

SHIPBUILDERS, EYORS AND, CONTRACTORS..

PAIRS PROMPTLY ATTENDED TO.

...

RAMS: "CARMICHAEL," Hongkong.

C. Code, 4th Edition.

ode.

s Standard Code.

ONE, 237.

tong, 20th March, 1903.

nearing completion at Nantes. They were expected to be despatched to the Far East on ordered in December of last year, and are

he put upon the Hongkong-Canion run for the 1st September next, when they will at once.. which they have been especially designed. they will be granted a heavy subsidy It is, perhaps, surreifluous to add, that

by the French Government. The dimensions 69.50 metres (128 ft.); breadth, 11 m. 60 (38 ft.); of the new vessels are as follows-length,

depth, 3 m. 96 (13 ft.); draft, 2 m. So to 3 m. (9 ft. 2 io. to 9 ft. 10 in.); displacement 1,400. tons, when fully loaded; engines; triple ex be fitted with three decks and will have special pansion; speed, 12 knots. The steamers will holds for silk, and special accommodation for

Chinese, while an opium divan will be fitted up on each ship..

An influential French official is said to be a which, it appears, the vessels belong. member of the Franco-Chinese syndicate to

SHIPPING AND MAILS.

MAILS DUE

German (Bayern) to-morrow.. German (Sachsen) to-morrow, American (Daric) (9th lust.“

The B. T. B. Co.'s s.s. Lyra arrived at Yokohama ca toth inst.

The Ben Line 5.3. Denalder left Singapore

and is due here on 21st inst.

to-day,

The CPR. Co.'s 8.5. Tartar amived at Vancouver at 6.30a.m., on 15th inst. ** **

The P&O S. N. Co.'s .s. Secara left. Singapore for this

The C. & M. Co.'s 5.5. Zafiro left: Manila on 5th Insp.m., and is due here on Tuesday morning,

Lease goes. It was argued on behalf of the plaintiff that there must be an implied covenant | for free access and quiet enjoyment and that there had been a breach of such crvenant by the erection of the matshed which the defend ant.admille 1 prevented free access. The de fendant contended, firs ly, that, in accordance with the rule referred to above the grant must be construed strictly as a grant to effect and The P. M.S. S. Co.'ss.s. Duric with malls, maintain alone, and nothing could be implied; &c., left Shanghai for this port this morning, and, secondly, that even if such a covenant at ti ank might be implied in certain cases yet it could not in this case, as the matshed had been The Imperial German Mail s.. Sachsen left erected prior to the execution of the Crown Shanghai on 15th inst., at 3 p.m., and may, be Lease, and that therefore the plaufis took expected here on 18th inst., at 5am. the Lease with the obstruction" there, It The CP. R. Co.'s. is true that the Lease dates back to a Shanghal at 3 pm, on 15th inst, and let ogni period prior to the erection of the mat bed, at 1.30p.m. Sunday, for Nagasaki where she hot they made no objection to its erection and is due to arrive at 6 am, on 18th

Attentas, amived at

THE Beer to drink in the tropics is the Bearder to drink in the top

made in the topics MIGUEL made in the tropics-SAN/MIGUEL,

A