1903-10-03 — Page 10

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OPIUM FARMERS SUED ·

FOR WRONGFUL and improPER SEARCHING,

AN INTERESTING CASE.

THE HONGKONG TELEGRAPH, SATURDAY, OCTOBER 3, 1903.

SANITARY BOARD,

PLAGUE AT NEWCHWANG.

In view of the large number of plague cases reported at Newchwang a meeting of the Sanitary Board was held on Thursday in the Board Room when the port was declared infected. There were present: The President (Hon. Dr. J. M. Atkinson, P.C.M.O.), Col Webb, R.A.M.C., Hon, H. E. Pollock, K.C.,

THE CASE OF THE *KIRKCUDBRIGHTSHIRE."

سص

We have been favoured with a copy of the correspondence which passed in connection with the alleged acts of discourtesy towards Capt. Blance, of the Kirkcudbrightshire, which months since. Writing on 11th May to a person were fully dealt with in our columns several who desires to be known as B, Capt. J. G.

THE MUSCOVITE PLAN IN THE not only Manchuria but Mongolia, Kashgaria, and probably Korea as well are to be enclosed within the barbed wire fence of the Russian Empire, Russia, in the meantime, has dis- Patched to the scene her very ablest diplo matists, while by a singular fatuity British interests have been deprived of the only per sonality capable of coping successfully with history of our China trade.. That Sir Ernest Russian diplomacy at a critical stage in the Satow, the ablest British Minister since the days of Sir Henry Parkes, should have been

is the worst possible proof of the invertebrate management of our Foreign Office.

His Lordsh The point is, to my mind, Dr. Fearse, Acting M.O.H., Dr. Barnett More, secretary of the Merchant Service Guild, for preparation as well as to sever if possible withdrawn for so long a period at such a timu

about the alleged illegal entry into No. 173,

Mr. Looker addressed the Court. He said that altliough the opiam farmers admitted no lability whatever in the present action they did not want any clo.hing damaged at all by their servants, lawfully or unlawfully, and they were willing to pay whatever value his Lord ship thought fit in respect of the clothing An interesting case was heard at the Supreme damaged by wax. As a matter of law he sub- Court on Wednesday before the Fu sne judge,mitted that the clothing having been damaged His Honour A. G. Wise, when Leung Tsau, in No. 175, for which the officers had a warrant, shroff at the Registry of the Su.reme Court,

there was no liability to pay. proceeded against the Chun Wa Hong Com pany, opium farmers of Bonham Strand, for the wrongful entry, by the defendant's excise Mr. Looker said that having a warrant for officers, into his premises at No. 173. Queen's No. 175 there was no question of any general Road, East, 2nd floor, on the 21st August damages, but as regards No. 173 it seemed to without a warrant, and for wrongfully and imi, quite apart from any law. Plaintiff had properly searching his premises a 175, Queen's contended that he suffered the balance of his "Road, East, und danniging silk clothing. In daimages because the police went at night and respect of these al egations he claimed from the searched his premises, and a crowd collected opium farmers, the sum of $1,coo

making peuple believe he had done wrong and Mr. M. W. Slade, instructed by Mr. F. X. so lost his character and his credit. Even though d'Almada e Castre, appeared for the plainuti, the officers might not have entered No. 173 and Mr. H. W. Looker represented the opium they were perfectly justified in going to No 175 farmers,

and plaintiff could not get any general dam At the outset of the case, Mt. Looker said he ages. They had a right to go and search, and had a preliminary objection to make; and sub the domages could not have been aggravated mitted that has Lordship nid no jurisdiction if they had gone for a little while into No. 173. respecting the action. The writ was issued for although his clients denied having done so.

Ilis Lordship-If they went into 173 he is the sum of $1,000 damages for the wrongful entry by the defendants' excise officers, and was entitled to damages if they were there illegally directed against the whin Wa Bong Company.without a warrant. There are heaps of cases By section 48, of Ordinance 21 of 1891---

at home dealing with sentching without a war-

His Lordship: What Ordinance is that? Mr. Looker-The Opium Ordinance. It says: "If any unsuccessful search for opium has been made under section 20 or 30 of this Ordinance by the request or at the instiga tion of the Opium Farmer, and there is no reason to suppose that any opium in contraven- tion of this Ordinance has been thrown away or otherwise disposed of with a view to nyoid detection, the opium farmer sball replace and repick any goods which may have been un- packed by reason of such search, and shall make good any damage lie may have caused thereby and the amount of money clamed for any such damage shall be adjudicated upon by a Magistrate, and shall be recoverable as a civil debt under the provisions of The Magis trates Ordinance, 1890." He submitted that the effect of that sect on was that all claims for damages arising out of seizure of opium must be adjudicated upon by a Magistrate, and did not come within his Lordship's jurisdiction. The plaintiffs remedy was in the Police. Count before a Magistrate. Although there was no- thing at present to show that the search was dnsuccessful-although as a matter of fact de- fendants admitted that no opillin was found, and no was seizure made-lie submitted that under that section of the Ordinance plaintin's claim must be adjudicated upon at the Magis tracy and not before his Lordship.

His Lordship:-Let us hear what Mr. Slade

says.

rant.

Mr. Lnoker proceeded to submit that, dam- ges must be against the actual people them. selves and not against the master. Assuming. alat the entry into No. 173 was a wiongful one the danges must be us against the servants and th opium farmers would not be liable. It was laid down that trespass laid against the party committing the trespass, and a master was not liable for the wilful trespass of his ser vants. If there was a remedy in the present action, he submitted that plaintiff should procend against the Excise offices and the constable, There was warrant t search No. 175 and a constable, accom. panied by Excise officers, went and made the search using all the usual precautions. Plaintiff asked for the warrant and' the constable maintained that plaintiff wanted him to hand it over and the constable naturally refused to do so, although he offered to read it to him. While this was going on the Excise officers had commenced the search, and a box was takey from No. 175 to No. 173 where it was placed upon a talile. After a short interval the plaintiff went in

Assistant M.O.H., and Mr. G. A. Woodcook, Secretary.

information received

The President

from the Government it appears there is a serious outbreak of plague at Newchwang, and fiom inquiries made have ascertained that many ships arrive in this port direct from New- chwang, at least, without stopping at Shanghai, but coming via Chefoo. Shanghai is already declared an infected port so that all shipping arriving from there is medically inspected, and

tink we ought to take the same precau tiny measures with regard to Newchwang.:

The Hon. Pollock-What figures have we gol, sir?

The President: In the Daily Press of the 28th ult. it intimates that ever 500 cases have been reported, and I asked the Govern- ment to telegraph for particulars. The answer the Colonial Secretary received from the Con sul was "serious epidemic of plague broken "Col. Webb-What time does it take to come down from Newchwang?

gut,"

The President:-1 think six days. I am not quite sure. At any rate it is within the incala tion period of the disease. He moved that the Board recommend the Governoria Council to declare Newchwang as a port or place at which an infectious or contagious disease prevails.

Col. Webb secou led and the motion was carried.

The meeting then teminated

CANTON INSURANCE OFFICE,

LIMITED.

The following is the report for presentation to the shareholders at the twenty-second ordinary general meeting, to be held at the offices of the General Agents, on Thursday,

the 22nd October, at noon.

The general agents and consultis g committee 173, and de.beg to submit to the shareholders the final

accounts for the year 1902.

fendants submitted that the box contained

મક

he

says:

"I am much obliged to you by your favour of the 3rd instant, covering press cuttings, which I have read with interest," Of course any com- plaints of act、 of discourtesy such as that to wards Captain Blance, it is really much better for the guild to receive them personally from the particular member concerned as it would naturally give them a much stronger basis to work upon. At the same time I shall be very careful to submit the same to the guild for their

consideration."

On the 27th May he wrote: "With further reference to your favour of the 3rd March last, with enclosure, I beg to say that the matter has been submitted to the Secretary of State for the Colonies as to the discourtesy of the Har- bour Master at Hongkong, and also pointing out that a position such as that held by that gentleman would be more properly occupied by one having a lengthy experience.id the merchant service, and who therefore would be properly acquainted with the business of our Mercantile Marine. I encluse copy of pre- liminary reply we have received, as it will no doubt be of interest to you,"

Downing Street,

19th May, 1903. Sin-1 am directed by Mr. Secretary Chamberlain to acknowledge the receipt of your letter of the 13th instant, enclosing ex- tracts from the Hongkong Telegraph'in regard to a case in which the Harbour Master of Hongkong is stated to have acted with dis- courtesy towards the master of a British ship.

A copy of your letter with its enclosures will be forwarded to the Governor for a report.

1 am, Sir, Your obedient Servant,

(Signed) C. P. LUCAS. The Secretary to the

Merchant Service Guild,

BATHING PARTIES BEWARE.

hend as

EAR RAST:

Britishers in the Far East have been reduced 10 a state of despair by the complacent attitude adopted by the British Government in face of the imminent destruction of our trade intereats by the threatened annexation and closing of Manchuria by the Russians, their promise of evacuation in September next being naturally regarded as a mere device to gain further time. the interests of Britain, America, and Japan.

"We are unquestionably confronted at the present time,” says n well-known British'mer-. chant, "by i'grave crisis involving the whole future existence of our valuable commercial interests in North China. Let the British people harbour no mistaken notion that Russia attaches any serious meaning to her promises of evacuation or to her pledges about the open door. In the first place she has no intention. of sacrificing the enormous expenditure she has undertaken by a voluntary retirement

But the Muscovite has no intention of push- the last moment; and in the second place her present industrial development will never allowing his attempted burglary to the arbitrament of war. All that is needed is a firm front in her to compete on equal terms with the great

conjunction with those who have interests like industrial and commercial Powers of the world. The last is the true key to the whole of Russia's our own to protect. Let the British people, therefore, wake up to the realisation of what is political aggression in this quarter, &

at stake, and refuse to submit to a great humi: liation on the threshold of their new Imperial- aspirations. Si James's Gazette.

"It is in order to escape from this very com: petition in the markets of the West that we have seen her hastening across Siberia to the Far Eastern scas, where she has resolved to by the creation of vast trading preserves out find her commercial and industrial salvation

of the opulent provinces of North China. If she is to have anything like a chance of found- ing this commercial Eldorado, which her domestic and financial position so urgently re- quires, foreign competition of every kind must he rigidly excluded from these provinces. They must become Russian preserves in the strictest sense of the word. Thus it is that Russia cannot afford to keep her word to those whose trade it is her set purpose to destroy, and all her promises to maintain the open door, with equal trading facilities for her com- mercial rivals are so much deliberate and calculated subterfuge.

The present British Government has always professed an especial solicitude for Imperial interests. But this great idea cannot invari ably be pursued along the line of least resist ance, and Imperial tariffs will do little to toughen the sinews of Empire if we evince no disposi tion to protect our trade and commerce from making in North China such wanton attacks as those which Russia is

THE CHINA BORNEO CO., LD.

The Sandakan correspondent of the S. F. Press writes concerning this company in which Hongkong is largely interested as follows:

"The slipway of the China-Borneo Co., Ltd., of this year should see things in a very for. continues to make good progress, and the end

ward condition.

A POVERTY-STRICKEN PROVINCE.

Amoy is a poor place, and according to the "As we have permitted her to come so far Office, last year was a decidedly unfortunate. Consular report pablished by our Foreign without protest we are ready to agree that her

one for it. Owing to the exceptional drought expenditure entitles her to a political pre- the early rice harvest was very poor, and dur dominance in the country. But we will recoging the spring and summer months, says Mr. nise this only upon conditions embracing equal Consul Hausser, plague and cholera prevailed rights for our people to trade, own land, and as usual in the principal inland centres of con. develop mines in the country, as well as freedom

sumption. to send our merchant ships and men-of-war into all or certain parts. Unless we obtain

nail"

satisfy Russia without the rights of absolute But mere political preponderance will near possession. An important journal devoted to Russian commerical interests put the case in a nutshell the other day when it said, "The tween two courses. Either it must evacuate Russian Government. must choose at once be-

Heavily increased taxation in every possible direction, accompanied by general lawlessness with trade, while in October a disastrous fire occurred in Amoy which destroyed a large part loss resulted, and very few business men made of the business quarter of the town. General!

money during the year.

1902 Account.--The result of the car's Cach evening and the many launch loads of these conditions we must oppose her tooths and throughout the province, further interferred opiuta for which there was no permit. working is a credit balance $300,551.95, ont of The Excise officers naturally wanted to go which, and with the approval of the share. into that house and search, but the con-

holders, it is propused to pay a dividend of 30 stable would not let them do so had no warrant. En sequently they did not ($15 per share), to add $50,cco to the reserve fund, raising the latter to $1,300,000, le go; lun as a matter of fact the defendants st appropriate $50,000 for the formation of a mitted there was opium in the box, and plain-re-insurance fund, and to carry forward the lift took advantage of the preliminary conversa the house in respect of which there was a warrant to that concerning which no warrant had been issued. The following day the mat- ter was reported to Inspector Collett and it was aufmitte i that the officers wanted to go to

Judging by the attendance at Blake Pier bathing parties setting out for a daily dip, there are very few secluded spots in the vicinity of the Island which have not been disturbed by the merry laughter from some half-submerged pops up from the depths of the briny, It may, therefore, serve a useful purpose if we mention, for the benefit of those of our readers who are in the habit of visiting

name of Silver usually known by the

has recently been discovered there. It is in the middle of the bay, about 200 yards from feet of water on it at low tide.

THE MORPHIA HABIT. off, but, owing to the fallure of the native opium Both imports and exports showed a falling

under sections-29 and 34, but in this case notion over the warrant. to get it transferred from balance of $110,551.96 to the current years the bay on the East coast of Lantau Island, Manchuria immediately without incurring fur crop, the importation of foreign opium of all

Mr. Slade replied that section 48 dealt with damage done 10 goods during search for opium search was made under either of those sections, it was made under section 31. The remainder of the claim referred to unlawful entry into No. 173 without any warrant at all and for general musbehaviour.

account.

1003 Account-The working of the office compares favourably with that of last year at u sunilar period.

Consulting ommittee.-Since the last meet. meet this vacancy Mr. e. Shellim was nomina

His Lordship have not the slightest No. 173, but the constable refused to let theining Mr. D. M. Moses has resigned his sent. To the beach, and has only about three to four crucial fact and to trust to patient diplomacy, Saigon, as compared with 12,866 in the pre-

doubt that I have jurisdiction to bear this. It is quite a different thing altogether. Any ques- tion of absolute damage to property might be arguable; but I do not think this is.

Mr. Slade:-There was a small damage; it only amounted to $14.

His Lordship overrule the objection. Mr. Slade then proceeded to state the facts of the cast. The plaintif, he said, is ile occupier of the second floors of Nos. 173 and 175 Queen's Road, East. Those two-fiours were connected by a doorway, otherwise they were quite separate. On the evening of the 21st August last four Chinese officers entered No. 175, and were followed shortly afterwards by a European constable. The Excise officers entered without declaring their office or show ing their mandate, and they proceeded over the premises and searched them throughout, turn ing three small children out of bed and using un- necessary severity. Two were girls, aged cight and tour respectively, and the other child was aboy of six. The officers searched various boxes and articles of furniture about the pre- mises, and in turning out a box of silk clothing one of them spoilt some of the contents with wax which dropped from a candle. Meanwhile the plaintiff asked the constable if he had a war- rant, and he replied "What do you think?" and when he was asked to show it, observed " You will see it fast enough when I take you up to the station," He declined to show the warrant. The Chinese had never at any time shown their mandates, as was required positively under sec- tion 6. of the Ordinance. There was no question of demand. The section says:-Every Excise officer shall be supplied with a badge bearing such sign or mark of office as may be directed by the Governor, and when acting against any person under this Ordinance every such Excise officer shall declare his office, and produce to the person against whom he acts lus said badge." And section 7 says, "Every police officer when acting under this Ordinance, if not in uniform, shall declare his office, and produce to the person against whom he acts such badge as the Captam Superintendent of Police may direct police officers to carry when op secret or special service." The badges were never shown and under the Ordinance their acts were illegal. After completing the search of No. 175 two of the Chinese officers pro- 'ceeded to No. 173. Plaintiff asked if they hada

do so

After hearing evidence in support of defen- rd and his appointment requires the confirma- dants contentions,

Mr. Looker replied on the facts of the case, and Mr. Slade addressed the Court.

His Lordship,. in giving judgment, said he could decide at once on the point of law. there was, any claim it was against the master and not against the servants. In the present action it was limited to one thing, as he men- tinned earlier in the ease; was there an entry into No. 173 or not? There was the evidenc of the pla ntiff, and the only thing against that wis the statement of the constable, but he thoroughly believed what had been said by. plaintiff, and considered his evidence was com borated by that of the Inspector. On the whole, and he did not desire to make many remarks alxout it, he believed plaintiff's evidence. With regard to damages there was not much done, but the man was in a respectable position and it was very annoying for him to have his pre- mises entered without a warrant-illegally. The thought the case would be met by judgment for Sico and costs.

Mr. Looker thought it was not a case for costs to be awarded for the retention of Counsel. Plaintiff's damages were, of course, purely general, with the exception of the $14,

His Lordship—I consider it was proper to engage Counsel. The plaintiff's character was at stake. He had to clear it, and I think he has cleared it so far as this case is concerned.

ALLEGED MALICIOUS

PROSECUTION.

ACTION IN THE SUPREME COURT.

The Puisne Judge, His Honour A. G. Wise, heard a preliminary legal objection at the Su2. preme Court on Thursday brought in connec tion, with a claim for $1,000 damages made by Su Kin Sheung, broker, of 200, Queen's Road Central aganist Cheung Wan Chow, of 178 Reclamation Street respecting an alleged malicious-prosecution,

Mr. C. E. H. Beavis, of Messrs. Wilkinson Crist, appeared for the plaintiff and Mr. 0. 13. Thomson represented the defendant.

Mr. Thomson claimed that under section 36

tion of shareholders The present members, The Hon. Sir Paul Chater, C.M.G, Messrs. D. E. Brown, F. Maitland, J. H. Lewis and E. Shellim retire, but offer themselves for re-election.

Auditors. The accounts have been audited by Messrs. W. HI, Patis and R. Chatterton Wil cox, and their re-election is recommended.

Mine Bay, to know that a flat-topped rock ther expenditure, or it must annex the country, sorts rose last year to 464,838 lb. as compared

and proclaim it a Russian province."

with 337,517 lb. in 1901. The importation of Russia is aware that no other course lies rice also increased considerably, 70,306 tons before her. But her policy is to conceal this being received from the Straits, Rangoon, and tite, and the peace-at-any-price spirit in Anglo-vious year. Saxondom to effect her hidden purposes. The impudence of her pretensions is only equalled by the means taken to secure them. Money being Russia's most pressing need, she has laid hands upon the customs at Newchwang, worth £48,000 a week from British, American, and Japanese trade, as well as the Chinese westem customs of the annual value of £43 000, derived chiefly from the junk trade:

SIBERIA FULL OF WAR

PREPARATIONS.

INTERVIEW WITH A RECENT TRAVELLER.

Sr. L. de Mendonça e Costa, director of the Railtony Gazette of Portugal, bas just com- pleted the journey from Europe to the Far East by the Siberian Railway, and is now spending a few days in Japan before returning to Lisbon. His wife accompanies him, and is indeed the "better half" linguistically, speaking English more Ruently. In the course of an exceedingly interesting conversation, we (Japan Gaselle) learnt something of their impressions of Siberia, $ 50,000 Do

and they throw fresh light on Russian move- 1,250,000 CO

2,010.00ments in view of the latest political develop. ments. The found war preparations every-

JARDINE, MATHESON & poj General Agents. Hongkong, 26: September, 1903.

STATEMENT OF ACCOUNT FOR THE YEAR

1902.. ENDING 31ST DECEMBER.

Liabilities. Capital subscribed...$2,500,000.00 Amount maid-up.... Reserve fund Outstanding dividends Accounts payable

$20,000.00

Halance of working account, 1902. 360,551.94 where. Troops are everywhere, and the freight

Assets.

$2,237,597-96

Cash, on current account with

Hongkong & Shanghai Bank. ing Corporation

$ 133,542.67 Fixed deposits, with banks in

Hongkong

225,000.00 Mortgages and debentures, in

trains and depots are filled chiefly with military stores. A very noticeable feature all along the fine was the number of armoured cars which the Russians have-perfect travelling forts, The travellers observed not merely one or two, of there at special piaces, but many everywhere, forming quite a common feature of the whole line. The trucks are of the 40-ton size, built of massive timbers heavily clamped with iron, and loop-holed for rifles. Their significance

|

While evading the payment. of daty on her own trade she has secured its rigid enforcement in the case of all others. Moreover, she has now succeeded in getting a Russian appointed to the control of this important department, and Sir Robert Hart, in weakly permitting the super cession of Mr. Cécil Bowra, the able British commissioner of customs at Newchwang, has excited the disgust and dismay of all British, Americans, and Japanese in China.

Since the triumphs which Russia has been permitted to achieve our merchants and traders have been subjected in an increasing degree to Slavic arrogance of a most intolerable kind

The Russian military authorities, who have invaded the treaty port, in order to assert their supremacy, are bampering British trade by every means in their power. If a British merchant orders native carts for the carriage of his mer- chandise it frequently happens that the Russians despatch soldiers to meet them and comman deer the whole for some fictitious purpose of

The practice of morphia injection, says the consul, appears to be increasingly common among the coolie class, and the importation of this drug increased from 12,000 oz. to nearly

20,000 oz

"The general poverty of the province and the lack of proper means of communi- cation are," continues. Mr. Hausser, "show by the trifling list of exports of native produce. Owing to the mountainous nature of the country and the absence of all roads and navigable rivers the cast of carriage is generally prohibitive, and the export trade is necessarily confined to a very limited area near the treaty port, and

The only important items are sugar, paper, and a little tobacco. These three items ac count for 137,360 of the lotal export value of 290,750, the balance being made up by a number of articles exported for the consump tion of Chinese in the Simits

A VALUABLE ARTICLE OF TRADE The consul bas, however, a little hope for the camphor industry. Camphor, he says, appeared in the Customs returns as a separato Rem for the first time in igot, when 35,4661b, were exported. Last year that amount rose to 55,0331b., and with a little fostering there was no doubt that commodity might in time become a most valuable article of trade.

Hongkong and Shanghai..... 1,393,756.86 is self-evident. 1. Mendonça e Costa says that, their own. In consequence natives can hardly one of the most poverty stricken in China, and

Chinese Imperial Government

Loan, 1886-

United States Bonds, (4% Loan,

1925)....... Interest accrued but not yet pay.

. able

as far as could be observed in the rapid journey, there is practically no commercial and industrial 51,388.10 development throughout Siberia. Coming from Portugal, where every foot of the land is 400,000.00 under cultivation and produces abundant crops of everything, they found the desolation of 33,610.33 Siberia little less than appalling. Towns so few and far between, farms so wide apart, that $2,237,597.96 the land seems almost all empty and unpro- ductive, while soldiers constitute the predo- minant sign of life-this is Siberia as it seems to the keen practical eyes of the Lisbon Rail way Gazette director.

WORKING ACCOUNT, 1953. To amount brought forward from

last account,

22

..........$ Net premia received, less re- turns and reinsurances....... n exchange, 1, interest,

39

transfer fees,

80,056.99

Statistics indeedrexist showing that Siberia 1,527,573.41 does as a matter of fact export enormous quanti 6,839.92 tics of produce; but big though the figures 148,068.53 appear on paper, the aspect of the country is

48.00 one of unutterable emptiness to those who act

ually see it. And, taking these large statistics $1,762,586.89 in their simple mathematical ratio to area, they prove quite insignificant after all. Siberia is at ever else it may be is quite secondary, and not

warrant in respect of tLe premises and apparent of the late engur have ce en invent's notice of charges, including directors, 1305)

the action should been

His Lordship said that when the matter was mentioned in Court last Friday he had only glanced at that section of the Ordinance, but he had since read it, and thought it applied to actions against magistrates and so on and not private prosecutors.

ly they made no answer or, at material answer, and went on sea ching. He asked the constable whether he had a warrant for 173 as well as for 175, and he replied that he had not, and quite properly told the searchers of 173 to leave the premises. As he was going he produced a piece of folded paper from his pocket and said Here is the warrant." His

Mr. Thomson then proceeded to argue the Lordship would see that no serious damage matter, and quoted various authorities in sup was suffered by plaintiff, who had desire port of his contention, observing that he had whatever to make money out of the action, but been unable to find any cases of malicious had brought it as a matter, chiefly, of principle prosecution on the point. Plaintiff had sued in order that he might secure, as far as possi- the defendant for malicious prosecution, ble, that the opium farmers in exercising their and evidently it was not his intention to peculiarly odious task of searching people's say that the defendant arrested him on houses for opium, should, by their Excise of his own initiative or by himself without cers, strictly obey the law and treat the law and applying for a wariant. In a case of malicious the inmates of houses with consideration, as far as consideration is possible in the performance of their duty. His Lordship would see how impartant it was that the law with regard to the matter should be strictly obeyed, as otherwise," unless the men showed their badges the moment they entered a house, there was no security for Chinese residents against the entry of robbers under the guise of being Excise officers. All sorts of trouble might arise if the law was not strictly carried out,

His Lordship-I decided the question about the badge many years ago.

Mr. Slade I did not know it, my Lord. His Lordship-It has to be proved that the alicers did not show it.

Mr. Blade said that plaintiff asked his Lord-

prosecution not only had the plaintiff to prove that he was arrested and charged, but that the defendant had no praper, reasonable cause for so doing, whereas to an action for false im prisonment that was not necessary.

His Lordship observed that the cases which Mr. Thomson had been citing were all tried, whereas the present action had not been heard. After further argument he said the objection did not hold good and he ordered the usaal pleadings to be filed.

HONGKONG ST. ANDREWS SOCIETY.

At the annual general meeting of the Hong- ship to award such a sum as would make it kong St. Andrew's Society held in the City clear to the opium farmers that they mustabide | Hall on Tuesday it was decided to have a ží. by the Act.

Andrew's Ball on the 30th November. Con- Evidence was" then called, the first witness || sequent upon the Society deciding -that a being Mr. C. D. Melbourne, of the Magistracy, full report of the meeting should not be who deposed that on the 21st August last a published press representatives were reques search warrant was issued in respect of No. 175 ted to retire, though we are at a loss Queen's Road, East, but not with regard to 171 10 give any explanation for this unusual Other witness having been examined, dvd procedum.

Bunge

17

n

auditors and survey fees, agens' expenses, &c., ......... 101.48.30 commissions,

138,101.66 balance as above,........................... 360,$51.96 $1,761,586.85

JARDINE, MATHES N & CO.,

General Agents. We have compared the above statements with the books, vouchers and securities, and found the same correct.

W. HUTTON POTTS, R. CHATTERTON WILCOX S Hungkong, 26th September, 1905.

Auditors.

SMOKING CONCERT"

AT THE X. N. YARD.

likely to attain comparative importance for many years to come,

Of the railway itself, Sr, Mendonça e Costa takes a practical view, more favourable than those of most, travellers hitherto, Generally speaking "c'est un peu defective, mais marche. It has faults, but it gets along That is the important point.

About Japan, it is most interesting to learn the views of these distinguished compatriots of Vasco da Gama, the pioneer of European inter- course with the Far East. They admire the Japanese more than they do the Chinese, of course, and comment on the great difference in cleanliness and wholesomeness of the two peo: ples, in their towns their dwellings and their persons Peking they consider the most horri bly filthy place they ever could imagine they had intended to stay eight or ten days, but could not stand more than three, though they agree that it is a marvellously interesting city. Ajovid company rat smoking in the Chap. When we mentioned that Canton is a hundred lain's room at the Naval Yard on 26th ult. times filthier, and that Peking is a paradise of and listened to a varied programme of in- pure air and cleanliness compared with the strumental and vocal music, arranged by the congested and concentrated impurities of the naval ratings and police of the Naval Yard and south, our visitors nearly had a fit. At any R.N. Hospital. Mr. W. Pearce presided; andwas rate, they appreciated the superiority of Japan supported by Messrs. Gilbert, Campbell, Vicary, | so much the more, Tucker Motherway and Parks (committee).. Messrs. Cheshire and Berry having opened the concert, the Chairman submitted the King and the toast was received with the enthusiasm characteristic of his subjects. Then followed a long selection of songs interspersed with the toasts "Our Guests," and: "Absent Friends Those contributing to the programme included Messrs. Boffey, Gilbert, Armitage, Moore, Mange, Hoskin, Reynolds; Burgess, Rogen, Burnett, Jack, McLean, Varney, and Gilbert At the close a hearty "vote of thanks was accorded the Chairman, and all those who had in any way contributed to the entertainment."

be got to supply carriage nowadays.

Again, British naval officers ashore have fre quently been hustled and insulted by Russian soldiers, while British and American blue jackets have constantly had to join forces for their mutual protection against similar eballi tions of hostility:

"The Amoy circuit," he says, “is perhaps the revenus has never been really adequate to: the needs of the local government. The transit revenue from likin, and the recent absorption, pass system has, interfered greatly with the of the native customs by the Imperial Maritime Customs has further diminished the tocal

government's resources,”

A POSSIBLE CHANCE OF IMPROVEMENT. Mr. Ifausser, at the conclusion of his rep points out a way in which the introdction of foreign capital would prove Panerative, of the place. He saya and assist in developing the ind strial activity

"In the early cate formed in the year a British syndi

part of original pave concessionaires certain mining ongkong acquired from the and prospecting rights in the district of Au

By means of pressure exercised at Peking Russia prevents the confirmation of conces sions to British and American- subjects, and even leases of property already granted by the Chinese, Thus Russia bas in effect managed to establish the claim to a sort of veta upon any transaction between the Chinese Govêm- ment and any other than Russian subjects. Appeals by distracted Britishers to their own authorities have been fruitless, and so hands of British prestige sunk in the nerveless hands of 1 its recent guardians that British merch Chi. This and the adjoining district of who have complained have been wamed by Lung Yen appear to be rich in iron and coal the Russian authorities aga

of excellent quality, which would fetch re- were already end fireater disabilities than they cheaply to the coast. sense to miles t

repeating this munerative prices could they be conveyed enduring! indeed if any further evidence is needed of but under present conditions: the cost of car-

mines are only some 60 miles this deplorable debacle it is to be found in the rage is quite. probibitive, owing to the ab fact that an Englishman seeking legal redress sence of all transport facilities. The difficulties again a Chinaman finds it quite useless to solicit the support of his own national re presentative. The Chinaman simply treats with contempt the protests of these discredited officials at whose back is a Power with a great gelatineus mass of inertia unwilling or in capable of asserting itself

Accordingly, a British mbject is reduced to the humiliating expedient of exploiting the prestige of some other European Power He goes to a Frenchman, a German, or a Russian, and the Chinaman, recognising at once that it is no longer a riffing matter, the case is settled, and the Bridsher thus vicariously obtaing his rights, to the eternal disgrace of his own emasculated government

are not insuperable, and it is in this direction that the introduction of foreign capital and consequent development of industrial activity will most surely rescue the Chinese of this region from their poverty, and enable the trade of the port to emerge from its present stagna- tion and dall monotony,

CUSTOMS CHANGESI

Customs-service have been ordered and are in The following changes among seniors in the process of being carried out Mr. F. A. Morgan, Commissioner at Swalow, is trans- ferred to Sonchow, vice Mr. Clarke whe pro- Naturally enough Russia plays upon this ceeds on leave. Mr. Frank Smith, at present state of things for all it is worth, and may be Deputy Commissioner at Amoy, succeeds Mr. pardoned for believing that Great Britain will Morgan At Swatow, as Acting Commissioner.. swallow any amount of bluff, or put up with Mr. Fatago, who has just completed his thirty any commercial disability rather than fight for years of Customs service, retires. Mr. Farago, her rights. It is this belief which caused the a Hungarian, was the first commissioner to Crimean war, and which is now inducing represent the Dual Monarchy in the Chinese Russia-little as the intends to fight any service. He is replaced in his present post at genuine opposition to parade a readiness 10 Pakhon by Mr. J. C. Johnston, who ranks as The status of women here gives a very un-support her aggression by force of armiif need Acting Commissioner. Mr. Johnston was well favourable impression to travellers from the be. Although, as Russians have themselves known here some years ago, as Deputy Com home of chivalry, the ancient Lusitania. When confessed, her near Eastern interests are too missioner in the Shanghai Customs Mr John they found that it is customary here for a wife vital to be jeopardised by an expenditure of ston's present post, that to keep at a respectful distance behind her her military and naval resources inhe Chinesidner at Canton, will be

Deputy Commi husband when going along the streets, instead seas, Russia is ostentatiously accumulating are coming out from

by Mr. Fred of occupying her proper place at his side, large supplies of warlike stores at Port leave Mr. W they said, very truly, If the mothers of the Arthur, Dalny, and Newchwang was well as Commissio race are made Inferior, so is the race itself throwing up forts and earthworks in various days for hot This is a saying likely to cause a tremendous parts of Manchuria. She is dally Filding being inken, amount of angry contradiction and heated are to her already large fir

Nonb gument, but it is scientifically correct, as true China, and has long been secag and unshakeable as the law of evolution itself native army of Chinese under Ru —The Nagasaki Protea

The next few months" iljad?

few office

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