Intimations.
THE HONGKONG TELEGRAPH, WEDNESDAY, JULY 27, 1904.
NOTICE
A MEETING of the Sanitary Board with be held | BAMBOO POLK'S ON PAVEMENTS. All communications Intendo for publication in at 4.15.p.m, to morrow, whan several applica
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DEATHS.
At Semiliang, Pahang, on the 1st instant, ALEXANDER ROBERTSON, Engineer, second son of the late John Robertson, Shipbuilder, Greenock.
At Blanche House, Scottiserd, Tanglin, Singapore, on the 19th inst. MANS ESCHKE, Consul General for Germany. Aged 47 years.
|
APPEAL TO THE SUPREME COURT.
-INTERESTING "ARGUMENT,
"Although the construction of the Ordinance promenade concert, and although a few hours regarding the carrying of bamboo poles an have yet to ron before the entertainment this public pavements, appeared to the Attorney evening, there is every promise of a very suc-General as "clear as the sun at noon," the cessful function being held on, the parade Puisne Judge failed to see the matter in the
same light and After a longthy Argument before | ground, at headquarters.
the Appeal Court-ihis morning judgment in the use of Wai Chung, appellant, v. Hung Hot, respondent, was reserved, Mr. Sercombe Smith desiring time to consider the matter. The Chief Justice (Sir William Goodman) and the Puisne Judge sat on the bench to try the issue, which the Attorney General (Hon. Sir H. Spencer ley), instructed by the Crown Solicitor (Mr. F, D, L. Bowley), argued on be halt of the appellant.
A COMMITTEE has been sitting for some time past considering the feasibility of increasing the salary of Civil Servants in Ceylon. It is stated that the committee will recommend that personal charges and exchange compensation be done away with, and in their place a zo per
cent, increase all round be awarded. :
THOSE of our readers who have not yet visited Simon's attractive show in Des Voeux Road, opposite the Central Market, should certainly avail themselves of the opportunity of seeing something out of ordinary line of amusements for Hongkong. It is, in fact, an extraordinary
|
In openina the matter, the Attorney General said that the question came before the Court, under Oidinance of 1845, section 3, sub- section-tr. It came in the shape of a case stated by Mr. H. H. J. Gompertz, Police & agis-
The Puisne Judge If my valet, had i sad, should carry my portmanteau on his shoulder along the pavement would that albo come under the section ? ...
A CROP OF RUMOURS
IN. HONGKONG.
Dame Rumour was busy yesterday in Hong The Attorney General:-Certainly, if it was sufficiently long to annoy ar incommode foot-kong with stories of British steamers being torpedoed, struck by Russian mines, wrecked | passengers,
outside this barbour, and foundering, and The Puisna Judge:-A man carrying a leg local agents of the underwriters began to wear of mutton?
grave; faces, and look for details to forward to their principals. One rumour had it that H.M.S. Leviathan had struck a lock near Wei Hai Wei, and was badly damaged, and was on her way to Hongkong to be docked.. Th's rumour proved, unfortunately to he only too true, and the ship will occupy a berth At Kowloon Docks within the next three days.
The Attorney General -- it was the very best, prime Australian mution, I should say certainly.
ས.”
The Puiane Judge:-Supposing a Chinese woman carrying salt fish, on the pavement, in front of me--would that come within the section? The salt fish is certainly calculated to annoy.
The Attorney General I don't think salt fish is included. The off ctory means do not come under this section.
The Chief Justice This 'section applies to annoying foût passengers.
The Attorney General Would
Another tumour said that the ss. Eldorado had struck a Russian ming and was no more. Inquiries at the office of Messrs. Jardina Matheson & Co., the local agents of that steam- er, proved it to be very like a canard, emanati your Lord-
ing from "the man in the street.
ship say that a spearman walking along the
A further rumour gained ground that a vessal, pavement with a spear would not be calculated to annoy and incommode passengers thereon.
name and description, size and destination, sail or steam all unknown, had been wrecked, but, The Puisne Judge-Assuming 1 grant you
a few hours distance from Hongkong. Every that salt fish is a thing calculated to annoy or possible inquiry was made by a repro- cluted in this section?
The Chief Justice-I think it was intended to keep the footpaths clear of physical impedi |ments..
The Hongkong Gelegraph exhibition and a vasis should certainly be made. inte, and was one entirely of law. It was stated incommode, the question is, it a thing. in sentative of this journal, among the ship-
HONGKONG, WEDNESDAY, JULY 27, 1904.
LOCAL AND GENERAL.
MANY have been in the habit of attending the weekly performances at the Metropole Theatre and will need no reminder of the concert to be given to the popular Wid Lansdown to-morrow evening. We hear that this clever 26.00 A SINGLE case of plague was notified since entertainer has been in hospital for many weeks, and no doubt his numerous friends will turn yesterday at noon.
up in force to show their appreciation of his undoubted latent.
These CLARETS are specially selected and obtained from the LEADING FRENCH GROWERS; they are of Exceptional value
and in fint condition.
THE CHATEAU BRANDS
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We guarantee our Wines and Spirits to be genuine when bought direct from us in the Colony or from our anthorised Agents
at the Coast Ports.
THE Harbour Master of Pori Sweltenham reports that a bar is forming right across the entrance to Port Swettenham. The outside berth of Jetties Nos. 1 and 2 show depths of 22 and 23 it. respectively.
THE rebels in Kwangsi have retreated from Yung Fu Hsien to Yang Ning Chow, and are at present fiercely attacking Sanwangshu and the regions around. During the last few days Chinese soldiers have been pouring in to relieve the situation.
SHENG Kung Pao who was appointed by an Imperial Edict to be the Co-Director of the C.M.9. N. Co. and of the Chinese Telegraph Administration has sent a secret telegram to a high Peking official, pointing out the present defective system of the two institutions, and requesting that something may be done towards reorganizing them.–Eustern Times.
ANOTHER familiar figure in Hongkong has been removed by the death of one of its eldest residents, Mr. James H. Cox, who died at his residence, at Kowloon, this morning in his A. S. WATSON & CO., 73rd year. The deceased gentleman was well known in Hongkong and was connected with the old established firm of Messrs. Turner
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........... Leslie Stuart Vait.... .." A Greek Slave ....... ...Sidney Jones Polonaise....." Hoffal!"
Guig'l
that at the Police Court on the 27th May and the 16th June last information was preferred by Wai Chung agains: Hung Hoi charging him for unlawfully carrying a bamboo pole on the public footpath at Praya East, such bamboo pole being calculated to annoy and incommode passengers thereon, On the hearing of the case the in- formation was dismissed, the magistrate being satisfied that it was erroneous in point of law. Upon the hearing of the information it was proved on the part of the appellant and found as a fact that at 5.45 p.m. on May 17th the respondent was walking on the public footway at Praya East, near the entrance to the Tai Wo Lane, "That the respondent was then carr, ing on his shoulder a large bamboo pale." The magistrate found as a further fact, "that the pole was carried by the respondent in such a way as to obstruct the footway and to be calculated to annoy and incommode passengers thereon.". Sir Henry directed their Lordship's attention to that fact that the bamboo pole was carried in such a way as to obstruct the footway and to annoy and incommode passengers thereon. It was also found that
the pole was not carried by the respondent
THE Shanghai Daily Press understands that the French Consul-General lately sent. an official despatch to the Taotai requesting him to get the Frenchman an appointment as mate or second mate in the China Merchants Com-for the purpose of being housed or for the pany. The Total referred the Consul-General's purpose of being loaded on any cart or carriage on the other side of the footway. The magis despatch to the Director of the China Mer-
trale found as a faci "that the pole was used by the respondent, a carrying coolic, as a tool or implement of his trade." It was maintained by the appellant "that the general purpose of the Ordinance is to make provision for the
chants, who has written the Taotai on answer stating that he has not ing to do with the appointment of officers to the China Merchants steamers, which is a matter of which Afr. Thomas Weir, the Company's Superintendent, alone has any control. The Director further suggerisch it consul's protegintment apply himself to Mr. Weir for an appointment, and if be is a suitable man possessing the necessary qualifications, bis application will, no doubt, be favourably considered. At present there is no Frenchman in the China Merchants.
good order and cleanliness of Hongkong and its dependencies by prohibiting nuisances in public thoroughfares; that amongst such nais
I
:
The Attorney General:-Of course you can not carry a nuisance in that sense, or roll it along.
The Puisne Judge:You can carry a thing that becomes a nuisance.
The Chief Justice-In all these matters there must be some bread lines, and we must trust to the common sense of the police or if not to the common sense, of the magistrates, We are concerned to-day with a case in which it is admitted on all sides that a coolie carried an instrument-a very large bamboo pole-on the pavement. I don't know whether in this case we can clearly decide-
The Attorney General —¡ only want you to decide whether this particular case comes within the section of the Ordinance.
lature to define it.
The Attorney General With great respect,
ping agents, and on incoming vessels, but one -- and all were in the dark as to the origin of such a rumour which would appear to have emanated from the brain of some ultra-excit able passenger who, mistaking some very ordinary flotsam and jetsam for wreckage, spread the unsupponed story of a wreck,—a story which could not be substantiated to-day anywhere amongst those most interested in Hongkong.
HOW WARSHIPS GAN COAL A7 SEA.
FORTY TONS AN HOUR. Mr. Herbert C. Fyfe writes in a recent num ber of the World's Work on this question, one which is all-important to Russia at the present moment it she really intends to send out her Baltic fleet to the Far East:-"The method The Puisne Judge-Everybody admits that of operating is as follows: The battleship a bamboo pole is a thing calculated to annoy takes the collier in tow; this is done in rough or incommode. The whole thing is does it weather by means of buoys altached to pass- come under this section? It is for the legislines, which are cast over the stern of the battleship and picked up by the collier, which then makes fast the receiving lines which are attached to the towing. bawsers, and these are in turn hauled on io the battleship and made fast. As soon as the towing-hawsers are adjusted to the right dis- lance, about 400 feet, the main cable is hauled on to the battleship, the main slip-drum engind paying it out as required, and passed through the guide-post and made fast to the mainmast of the battleship. In general practice the tail end of the cable is always carried by the battleship and simply shacked to the end of the cable which is passed across by the collier, Next, the tail-block through which the traversing ropes are passed is run across from the collier and made fast on the battle- ship, when the traveller is loosed from the masthead and everything is ready to commence coaling.
submit it is the duty of the Dench that where two constructions are possible, in pul upon the statute that construction which would promote its object and not defeat it. I say for the Bench to strain the meaning of language and force the legislature to act is not what
The Puisne judge:-The whole question is whether the Crown is not attempting to strain this language.
The Attorney General continued the argu-
auces is the obstruction of public roads or foot-ment, and
paths in various ways as by placing merchan- dise thereon, putting out poles or blinds, riding, driving or leading horses across the footpaths, all these are nuisances and are therefore prohibited. That in tub-section fi of
FORTY students from the different schools in WITH regard to the alleged French threat to Chili will soon be sent to Japan. Half of them land troops in Kwangsi, the eastern province section 2 the general words "other things".
will enter the normal school, and, upon their
return, will become professional teachers, and
Their annual
these will stay in Japan just one year. The rest will take up a technical course, and will be graduated for five years. expenses, amounting to Tls. 400 each, will be defrayed by the districts whence they are sent
out,
A HOME correspondent had a conversation with Dr. Tatartschiel and Boris Sarafof con
FURNITURE cerning the situation in Macedonia.
DEALERS.
DRAWING-ROOM,
DINING-ROOM,
and BED-ROOM
ELECTRO-PLATED,
GLASS, and
FURNITURE.
CHINA WARES. PASTEUR'S MICROBE-PROOF
FILTERS,
ROCHESTER LAMPS,
WHITE TURKISH TOWELS.
COUNTERPANES.
COOKING RANGES,
KITCHEN UTENSILS, and
HOUSEHOLD REQUISITES. PHOTOGRAPHIC DEPARTMENT,
DEVELOPING and PRINTING
UNDERTAKEN for AMATEURS.
GOOD WORK.
· PROMPT RETURN.
jongkong, 8th January, 1904.
The
situation, they declare, is ten times worse and more dangerous than it was two years ago. Theonly remedy, in their opinion, is the appoint ment of a civil governor, with international troops under his control. In Bitolia Vilayet
four Turkish bands are roaming the district persecuting the Bulgarian fugitives. Ta Salonic Vilayet there are nine Bulgarian bands
In action.
READERS will recollect the sensational experi- ments conducted with Capt. Denvig's life- saving globe last winter in the Skagen on the Jutland Coast. A new and even more daring experiment is now to be made by a Norwegian journalist, who with several ssza en will be en- closed in the globe and thrown out into the North Sea during a stiff gale. The steamer from which they will thus make their plunge will proceed back to port, leaving the globe to its fate, and they will trust to the sea-currents to drift them ashore in a few weeks.
ONE of the lessons to be learned from the war in the Far East is to be brought under the no- tice of the Peers, when Lord Ellenborough
of Canton, where rebellion against the Chinese
Bre not limited in their meaning by the Government has long been rife, it is interesting specific words "barrel, cask, or butt," which precede them, because being read as they to note that a band of Chinese brigands from should be with the words "calculated to annoy there invaded French territory between Mon-
or incomunode," which immediately follow cay and Hanoi, in Tonquin, on the 23rd uit, The frontier guards were warned by telegraph
them it is clear that the genus contemplated by the Ordinance consists of any. "thing cal and a captain and sixty soldiers started in purculated to annoy or incommode," and would suit of the raiders. The brigands were sur
prised when resting at Tan Pout, by a lieuten. ant and to riflemen who fired into them, Thiny-six brigands were killed or wounded. Brigandage has for years been a crying evil on the frontier between Tonquin and Kwangsi, The present rebellion has made matters worse than ever. To-day's wires show that the French Minister at Peking has denied making the threat. But, for all that, French interven. tion in Kwangsi, should the Chinese Govern ment fail to put the rebellion down, is a prob. ability to be reckoned with, observes the
Straits Times,
LAND COURT APPEAL.
Sitting in appellate jurisdiction at the Sap reme Court this morning the Chief Justice (Sir William Goodman) and the Puisne Jadge (Mr.
therefore include anything whatsoever, such, for instance, as a coolies's large hat or an
umbrella carried over a man's shoulder in a manner calculated to incommode or annoy
passengers. That the exception "for the pur- pose of housing them or to load in any can or carriage," should not be held to limit the mean. ing of the words "other thing calculated to andoy or incommode; that a bamboo pole as carried by the respondent on the footpath being
The Puise Judge subsequently observed: I suppose you agree a barrel, cask, or butt is a thing calculated to annoy or incommode.
The Attorney General Most decidedly if it rolled between one's legs.
"After further discussion, the Attorney General said the whole object of the ordinance was to stop the annoyance.
The Paine Judge asked whether the section would refer to an open umbrella dripping.
The Attorney General-If the umbrella was big enough it would.
The Pulsne Judge subsequently asked if the meaning of the section was to be extended to include every imaginable thing calculated to annoy and incommode.
The official trials took place recently before the Admiralty officials, under the direction of Captain Wonham, R. E. During the trials, which lasted for several hours, the average. tate of working was about forty tons as bour. During more recent trials of the same appai ratus in the Mediterranean with the Channel
Squadron, a maximum rate of over sixty tons
an hour was reached. It is evident, therefore, The Attorney General:-Yes, most decidedly. that if the Russian vessels are properly equip The Puisne Judge-If you do it is goingped, the necessity for coaling at sea will not very, very far indeed. I am in favour of stop prevent them from reaching the Far East. ping this rort of thing; but the question is, bave we power to stop it under the law as laid, A DISSOLUTION is still possible in the autumn) down at present? There is also one other or at least before Parliament meets again. point. That is the concluding words, of that Everything depends, says a home correspond sub-section, "except for the purpose of housent, on the financial prospects of the country. a thing calculated to incommode or annoying them or to load in any cait or carriage on The Government will not face another bad passengers thereon is an obstruction within the other side of the footway." A bamboo Budget. II, therefore, some few months henge the meaning of the Ordinance." The ob pole, a wet umbrella, or a volunteer's rifle is the financial position looks rather gloomy, it is ject of the Ordinance, he added, was to
not a thing that you would house
almost certain that the Ministry will decide to prevent nuisance, however created, and by
"go to the country without meeting Parliament. whatever means. created, to foot passengers,
The election might take place in the latter He thought the magistrate gave himself un-
part of October, or it might be put off necessary trouble in considering the question
The Puisne Judge said:-I should like time till January or February of next year. If, af ejusdem generis. The words of the to consider this myself, I think it is a very however, there is every prospect of a good Fordinance were "nobody shail roll or carry difficult question. Fresh cases have been Budget, and a considerable reduction of tax- brought up to-day to which I had not had my ation, the Government will meet Parliament; attention drawn. As far as I am concerned I introduce the Budget, and go to the country in am not prepared to give judgment to-day. June. This is understood to be the view which The Chief Justice:-1 am perfectly perpared exists in the best-informed quarters, but Min to give my judgment in the matter now." If listerial intentions on matters of this kind are do not I think perhaps it would be as well to subject to unexpected change. Events which indicate the lines of my opinion."
no one can foreste might either precipitate an, appeal to the country or lead to an attempt to drive it off for another two years.
T. Sercumbe Smith) had before them an ap-any cask, butt, or barrel or other thing cal- plication by Mr. H. W. Slade (instructed by culated to annoy or incommade.”
...
The Chief Justice-¡ understand the order has been agreed upon subject to the approval of the Court.
Mt. J. Harston, of Messrs. Ewens and Harsion) The Chief Justice said in this instance, for leave to adduce further evidence in the the genus, was a thing calculated to annoy. matter of the claim of Tang Tsz U to land in The Act was passed in 1844, and he had the New Territories, being claim C.A., survey taken the trouble to consider where it district No. 4, and in the matter of the New came from. What was then urged, and he Territories Land Court Ordinances, 1950, to had no doubt in his own mind that its 1903, between Tang Tsz U, appellant, and the origin' was the recent act that had been passe l'only six years before, the Metropolitan Attorney General, respondent.
Mr. Slade, for the appellant; applied for leave | Police Act, the 2nd and 3rd Vict., ch. 47. of the Court to adduce further evidence on the The seventh sub-section of section 54 of that Act dealt with just what came before in their | ordinance—about leading or riding any horse or other animal. When they turned to the Metro. politan Act about rolling casks, it was quite clear that their Ordinance was taken from it, the words being, "and every person who shall roll or carry any cask on the pasti, tub, hoop, or wheel or any ladder, plauk, pole, showboard or placard." It did not etate or other The Chief Justice have gone very care things," it specified them. It was clear fully through the proposed order, which is to that the draftsminn instead of enumerat the effect that the parties have agreed that the ing all the things specifically set out in appellant and the respondent should both be the Metropolitan Act he began by speci- at liberty to adduce further evidence on the tying "barrel, cask or buli," sweeping all hearing of the appeal such evidence to be ad- the other things into one, and using duced by affidavit, the appellant's, affidavit to any other thing that is calculated to annoy or be filed on or before the 18th August, and the incommode.". His Lordship then referred ́at copies delivered the same day, and the res-length to the case, the Queen v. Payne, and pondent's affidavit to be filed on or before the dealt with the question as there set out.
calls the attention of the House to the fact that, according to the June Navy List, out of 123 naval interpreters, only two officers on the exc-hearing of the appeal. cutive list have passed in Russian; that the only executive fficer who has passed in Ger- [45 man was on the Reserve list; and that no offi- cer of any branch of the Naval Service has passed in Japanese; and the First Lord of the Admiralty will be invited to consider the ad- visability of giving a certain number of selected officers further facilities and inducements for the study of the German, Russian, and Japanese languages.
E. C. WILKS & Co., MARINE SURVEYORS, CONSULTING ENGINEERS AND NAVAL ARCHITECTS.
COLLISIONS and Damages Surveyed.
Salvage Work-undertaken,
Ship Designs and Specifications prepared.
Mr. Blade-Yes, my Lord, the Crown has consented to the order.
The Chief Justice -You want on both sides to be able to give fürther evidence by affidavit,
Mr. Slade: Yes, my Lord.
or
The Attorney-General:-You might load it. The Chief Justice having intimated that ho was prepared to give his decision,
The Puisne Judge:-) have put the questions to you, Mr. Attorney, in order to find your views on them. I have not made up my mind one way or the other in this case; and an nol prepared at this moment to give judgment.
The Chief Justice-There are certain mat- ters which I do not think my learned brother has heard...Therefore, I would like to indicate some of those matters to him before giving my judgment.
The Puisne Judge:-That would be an im proper course to adopt.
-The Attorney General :--Perhaps your Lord- ships would adjourn to consider your jademént. The Chief Justice :~If my, learned brother, would like further time.
The Puisne Judge -I should.
The Chief Justice have made up my own mind in the matter, but in deference to my learned brother we reserve our decision.
THE WEATHER.
The following report is from Mr. J. Plum mer, Chief Assistant of the Hongkong Obser-
vatory:-
་ " ነ-
ACCORDING to a letter which has been received -by a high official authority in London from St. Petersburg, a growing tension is observable be- tween the Russian and Chinese Governments, There has been practically no intercourse, save of the most formal and necessary charac-
· Agents for the Construction and Sale of Steamter," says the writer of the letter, "between the
and Motor Launches..
Russian Minister at Peking and the Chinese 1st September, the copies also to be delivered The Attorney General'said the whole thing On the 27th at 11.50 am. The barometer has Government since the beginning of May, and the same day, such case to be set down for was as clear to him as the sun at noon. Uneorisen sharply in the neighbourhood of Miaco there is even talk of M. de Lessar, leaving Te hearing on the 12th September. As both par- the construction of the Ordinance, the 11th Sima owing to the receding typhoon and has king for some months and returning to Russia. ties are desirous of adducing further evidence sub-section, the coolie ought to have been The typhoon still moving towards the N.W. The causes of the friction are various, but the it seems fair and right that permission should | convicted.
threatens to enter the coast to the northward of cause-in-chief is the open sympathy at the be given. My leamed brother and myself ap. The Puisne Judge Supposing a volunteer Formosa. Chinese for Japan and the growing spirit of de prove of further ev dence being given, the day carries his title, pa his aboulder along the foot fance towards Russia." In the further.course fixed being the 12th September. I understand path do you maintain that that comes under of the letter it is observed that M, de Lessar is the other side agrees."
the Ordinance? clearly not the man for his post just now. Mr, Slade Yes, my Lord,
The Attorney General :—Certainly.
'Contract for New Tonnage on reasonable terms
with First-class Builders.
A large stock of Canadian Asbestos and
Asbestocel goods kept..
Agents for Messrs. Allen & Sons Electrical
Plant and Centrifugal Pumps.
TelephoneNo, 358.
Telegram Address:
MARINEWORK" Hongkong, 3rd May, 190j.
[181
fallen at all o her stations.'
experienced in the Formosa (hansel and mo. Strong W. winds, backing to S.W will be derate S.W. winds in the norther part of the China Sea...
Forecast-Moderate S.W, winds, And,
SHIPPING AND MAILS.
MAILS DUE. *English (Nubia) 29th inst. Indian (Lalisang) 1st prox. German (Prins Regent Luitpold) 2nd prox 'American (Korea) 8th prox. Amencan (Gaelic) 18th prox.
Thess. Sagami arrived at Manila yesterday: The 5.5. Tremont arrived at Seattle on 26th inst.
The Java China-Japan Lija sa. Zjimaki ch Macassar for this port on 26th inst, and may be. expected here on 3rd prax..
The 1. C. S. N. Co.'s sa. Luisang from Cali cutta and the Straits left Singapore' for this port on 26th inst., at 6 pm,
The Glen Line s.3. Glenesh from London &c., left Singapore this morning, and may be expected to arrive on 1st prox,
The C. P. R. Co's 6.5. Athenian arrived at Nagasaki at 7.30 am., on 26th inst, and feft again at 4 pm, same day for Kobe where she is due to arrive at 6 am, on 28th inst.
The P. M. S. S. Co.'s 6,s. China with maile,. cisco via Amoy, Shanghai, Nagasaki, Kobe, &c., which left hence on 28th ult, for San Fran
Inland Sea, Yokohama and Honolulu, arrived at her destination on 15th inst,
>
Y
TH
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