1904-11-30 — Page 3

Intimation.

TUm. Powell, Ld.

Hours 8.20 AM to 8 PM.

ALEXANDRA BUILDINGS, Des Voeux Road,

EVERYTHING FOR LADIES' AND CHILDREN'S WEAR.

LADIES'

DEPARTMENT:-

Costumes, Coats, Fur Jackets and Stoles, Evening Wraps, Fascina- tors, Silk Blouses and Flannel Blouses.

THE HONGKONG TELEGRAPH, WEDNESDAY, NOVEMBER 30,

Intimations.

THE FAMOUS KAD DHO

SHARPUTTLE SHAVER

WEIGHT LESS THAN FOUNCES-

Razor

WHAT IS CONTRABANDI THE OSAKA SHOJEN KAISHA V, THE OWNERS OF THE 6.9.PROMETHEUS.*

THE JUDOMENT.

(Continued from page 51) points out that in the particular document in which the words or expressions appear, such words or expressions must, in order to give effect to the immediate intention of the parties using them, be given some other and peculiar meaning and be understood in a sense other than their primary sense.

·

It will be observed that by this Protocol the

1904.

Intimations.

. VICTORIA RECREATION CLUB.

1285

No. '24)1" "On" the proposition of Count Wal- ewski, and recognising that it is, for the general interest to maintain the indivisibility of the four principles meniloned in the declara- tlas signed this day, the plenipotent aries agree that the powers which shall have signed it, or

A RAL MEETING OF MEMBERS vill SECOND EXTRAORDINARY GENE. which shall bava acceded to it, cannot hereafter be held at the CITY HALL, on FRIDAY, the enter into any arrangement in regard to the 2nd December, 1904, at 5.30 F., for the purpose application of the right of neutrals in time of roofing the Resolution passed at an war, which does not, at the same time, rest on 16th instant.

Extraordinary General Meeting held on the the four principles which are the object of the said declaration.".

HAROLD C. AUSTEN, Hon. Secretary. Kowloon, 29th November 1901. THE CHINA TRADERS' INSURANCE COMPANY, LIMITED. NOTICE TO SHAREHOLDERS.

or SHAREHOLDERS in the above Company OTICE is hereby given that the THIRTY- EIGHTH ORDINARY MEETING will be held at the Head Office, Victoria, Hong kong, on. TUESDAY, the 6th December, at II o'clock in the Forenoon, for the purpose of

last, and of declaring Dividends. with Statement of Accounts to the 30th April receiving the report of the Directors, together

THIS DWARF RAZOR bax superseded the old fashioned clumsy Razor nd by its use Shaving becomes a pleasure it is manufactured in Sheffield, England, from special amalgam of steel which makes imita tion impossible, and in consequence it enjoys the largest sale of any-Razor in the World Thousands of Testimonials testify that the little "MAB is the finest shaving implement ever produced.

To be obtained from THE MUTUAL STORES, WATKINS, LIMITED, and all first-class stores quire whether there is anything in the charter the contention at the Bar that Russia as an

in the Colony,

Sole Agents for Far East, HOWARD & Co., 19, Des Voeux Road, Central, Hongkong. Agents wanted in every post...

For particulars and terms, apply to

1

HOWARD & Co. Hongkong, 24th November, 1904,

PAUSE!

+

Now, bearing that rule in mind I proceed to determine what is the primary sense of the expression "contraband of war," and to in-

plenipotentiaries of Russia bind that Power not in time of war which does not rest upon the thereafter to adopt any attitude towards neutrals four principles enunciated in the declaration. This Protocol has an important bearing upon

independent sovereign State possesses, as a concomitant to the right to make war, the right contraband of war. to declare what shall or shall not be considered

sion "contraband of war occurs twice in the 1dwell here upon the fact that the expres- declaration in the Treaty of Paris; that the

party to warrant me in setting aside the primary meaning of that expression, and in attaching a peculiar meaning thereto. Reference wAS made in the course of the argument to some thing that had been said by the Master of the Prometheus expressive of his dissatisfacton and [1369 disapproval, when, on his arrival at Hongkong, he.found that his ship bad been chartered to the O aka Shosen Kaisha, and that he would be expressions "Privateering" and Blockade" required to load rice, sugar, and other provi-occur each once; and that there is in that de- sions for Japanese ports; but the Master had those expressions. Why was there this omis

claration no definition of the meaning of any of nothing to do with the agreement to chartersion to define these expressions? the Prometheus. - In that regard the agents, Messrs. Sander Wieler & Co., represented the owners, and as a fact the Master did not reach Hongkong until seven days or so after the [1231 | ship had been chartered. Moreover, even had the views attributed to the Master been ex-

Have you a SINGER Sewing Machine? If not get one.. ORAN

$to DOWN AND THE REST IN-EASY.. MONTHLY PAYMENTS.

Showrooms, Wyndham Street.

Hongkong, 12th November, 1904.

An entirely New Stock of High- ROBINSON PIANO

grade Black and-Brown Boots and. Shoes, White Kid Shoes for even" ing wear.

Gloves, Fans and Hosiery.

COMPANY, LIMITED.

There

is no

reason

pressed by the agents, Sander, Wieler, & Co. themselves at the date mentioned, naguely, seven days or so after the signing of the char- ter party, evidence thereof to affect the con- structipa to be placed upon the language used in the charter party must have been rejected when cons ruing the charter party on the principle that the oral evidence cautiot be

Silks, Flannels & Dress Fabrics. why anyone should be received to vary or add to the terms of a written

CHILDREN'S

DEPARTMENT:-

Cloaks, Hosiery, Jersey Caps, Gaiters, Boots and Shoes.

FURNISHING

DEPARTMENT:-

· FIRST, FLOOR.

without an 66 APOLLO."

THE MASTER PIANO PLAYER.

We offer the choice of three methods of secur- ing one:

1.-You may acquire by payment of $100 cash and 10 payments of

$27.50.

T

Was It not because they each had in the minds of the plenipotentiaries of the Fowers a recognised meaning at the time when the treaty was signed? And because the expression "Contraband of War" no more needed defini.

tion than the expressions "Blockade or "Privateering" did. What then was the meaning which it must fairly be assumed the Plenipotentiaries attached to the expres- slon "Contraband-of-Wer"-as-used by them is the Treaty of Paris? It seems to me that the Plenipotentiaries had in their minds the meaning which at that time at tached to the expression Contraband of agreement. The expression "contraband of War" resulting from the decisions of the war," as used in the agreement between the

courts of law of the nations of Europe and Osaka Shosen Kaisha and the owners of the America; principally indeed the decisions in Prometheus, must, therefore, be given the

the English Courts on cases arising during the primary sense attached thereto at the time of Napoleonic War. What'then is the result of the signing of the charter party, and not any

those decisions? What meaning has been other and particular meaning which it might thereby attached to the expression "Contraband suit either party in the light of subsequent of War?" The result has been to attach to that events to attach thereto; for I cannot see any expression the following twofold meaning:-(1) bing in the document itself which would Absolute contraband of war-which includes justify me in depriving that expression of its everything useful for war only; (2 That which) primary meaning. The expression "contraband is conditional contraband of war-which is of war" only appears once in the charter party, cludes all things which though useful for both and its meaning is in no way affected by any. peace and war become contraband if destined thing in the context. What then is the for the purposes of war, excluding from the meaning of the expression "contraband of meaning of contraband of war such things as war" in its primary sense? Mr. Wharton, in

are useful for the purposes of peace only. a Law Lexcon "defines contraband of war "Provisions," consequently, come within the as-meaning in its primary sense that which, definition of conditional contraband only if according to international law, cannot be up and when destined for the enemy's forces! plied to a hostile belligerent except at the risk otherwise they are excluded from the defini- of seizure and condemnation by the axing to be mifached to the expression "Cone tion. That is in my opinion the true mean- grieved belligerent. That seems

to

ше

a sound definition if you understand the traband of War," and that is the sense

2-You may buy at word "risk" to mean that riak which is sels, Wilton, & Tapestry Carpets. 10% discount for cash.

New Stock of Axminster, Brus-

A fine selection of Bedsteads, all

styles and makes.

contemplated and recognised by the law of nations. Broadly stated then "contraband of war" is that which is so considered by the law of nations. The question which naturally follows is "What do you mean by the law of

3.-You 'may Hire by nations?" I answer that the law of nations is

The new Twin Bedsteads, now the quarter.

on show.

DRESSMAKING

A SPECIALITY.

The leading Fashions of London, Paris and New York.

GENTLEMEN'S

DEPARTMENT:-.

28, QUEEN'S ROAD,

OPPOSITE THE CLOCK TOWER.

Dress Shirts, Ties & Waistcoats. White Gloves for evening wear Patent Court and Oxford Shoes. Black and Brown Boots & Shoes. Black Bowler Hats.

Soft Felt Hats.

Motor and Golf Caps. Underwear and Hosiery,

A good Stook of well-out

Overcoats-light, medium and

heavy weight.

&0.,

&0.

Wm. POWELL, LJ,

HONGKONG.

Hongkong, 18th November, 1904."-

which, in my opinion, that expression bears

on a true construction of the Declaratioa of the Plenipotentiaries who signed the Treaty of Paris of 1856. That is, in my opinion, the scare in which the parties to the charter of the ship Prometheus must be taken to have under. stond the expression "Contraband of War that system of rules respecting belligerent and when they agreed by Clapse 37, that the ship neutral rights established by consent among the Prometheus was not to "carry any Contraband civilised and commercial nations of the world, of War. To construe that expression as mean- partly written and partly arising out of customing whatever might at any time, that is to say and rendered stable by judicial decisions from from time to time, be declared by Russia to time to time.

be contraband, as the learned Counsel for the owners contended I should, would be to import into the contract between the parties an element | of uncertainty where none need exist. The contract was made in Hongkong, and therefore

la my opinion, the expression "contraband of war" has a well-known and accepted meaning among the civilised commercial powers of the world. If that were not so wa should not, an

|

we do, and that expression used without defini- in the absence of evidence to the contrary

We hold an Entirely New

New Stock of Imported Pianos of

tion in solemn treaties between the powers, the highest quality, per- without any definition of its meaning in the The expression "contraband of war" is used sonally selected.

Treaty of Paris of the 16th April, 1855. The inference from that fact is, to my mind, irresis. tible that there was no definition needed, be- No such a one has ever cause the expression had the same definite meaning in the minds of all the plenipotentiar been seen in Hongkongies of the Powers parties to that treaty. before

HOME PRICES. Hongkong, 26th November, 1904.

THE

AND

ELECTRIC, COMPANY, LIMITED.

The Treaty of Paris, to which Russia is a party, and to which she still adheres, commen- ces with the following preamble --" Consider ing that maritime law in time of war bat long been the subject of deplorable disputes that [39 uncertainty of the law and of the duties in such a'matter gives rise to differences of opinion be- tween neutrals and belligerents which may “HINA AND JAPAN TELEPHONE occasion serious difficulties, and even conficts; CHINA

that it is consequently advantageous to estabi lish a uniform doctrine on so importants point; that the plenipotentiaries assemble in Congress at Paris cannot better respond to the intention by which their Governments are snimated than by seeking to introduce into international rela- tions fixed principles in this respect." Then immediately follows this declaration-The above-mentioned plenipotentiaries being duly authorised resolved to concert among them selves, as to the means of attaining this object and having come to an agreement have adopt ed the following solemn declaration (—

(1) "Privateering" is, and remains abol ished,

ELECTRIC BELL

INSTALLATIONS.

FITTED AND MAINTAINED.

ELECTRIC SUPPLIES:

BATTERIES,

ELECTRIC BELLS,

SWITCHES,

TELEPHONES,

INSULATORS,

30C4

&c.

SEND FOR PRICE LISTS

AND

ESTIMATES.

(1) The Neutral dag covers enemy's goods, with the exception of " contraband of war."

(3) Neutral goods, with the exception of con- traband of war, are not liable to capture under the enemy's flag.

(4) Blockades, in order to be binding, must be effective, that is to say maintained by a force WIRE, sufficient really to prevent access to the const

of the enemy."

ADDRESS 2, ICE HOUSE ROAD, Hongkong, zand November, 1904.

[63

which could act upon the parties must be taken to have need the expression "Contraband of War" in the sense in which it is understood

NOTIC

+

The TRANSFER BOOKS of the Company will be CLOSED from the 22nd instant to the 6th proximo, both days inclusive.

By Order of the Board of Directors,

JAMES WHITTALL,

Secretary. Hongkong, 14th November, 1901.

HONGKONG JOCKEY CLUB.

NOTICE.

RACE will be run as SATURDAY, the

[1233

A 3rd December, 1994, at 7:30 AM., a

follows:-

cription Griffins of this Season only. Catch ST. ANDREW STAKES:-Open to Subs: weights over to stone to lbs. Native Riders allowed. Distance Half-a-mle.

Entrance $5 Post Entries.

By Order,

.

T. F. HOUGH, Clerk of the Course. Hongkong, 26th November, 1904. [1378

HONGKONG HIGH-LEVEL TRAM-

WAYS COMPANY, LIMITED. TIME TABLE

(on and after 1st October, 1904.)

WEEK DAYS,

6.45 a.m. to 7.00 am....Every 15 minutes. 7.30 am to 8.00 a.m... Every to minutes. 8.00 a.m. to 8.30 a m....Every 15 minutes. 8.30 a.m. to 9.30 a.m. ...Every to minutes. 9.30 a.m. torr.00 a.m....Every 15 minutes, 11.30 a.m. to 12.45 p.m....Every 15 minutes. 1245 p.m. to 1.15 p.m....Every 10 minutes. 1.43 p.m. ...Every 15 minutes. 2.15 p.m... Every 10 minutes. 3.00 p.m....Every 15 minutes. 300 p.m....Every 15 minutes. 8.00 p.m....Every to minutes.

NIGHT CARS.

1.3 p.m. to

1.45 p.m. 10

.3.15 p.m. to

3.30 p.m. to 5.00 p.m. to

8,45 p.m. and 9 pm, 9.45 p.m. to 11.15 p.m.

►

every half hour. SUNDAYS,

8.00 am to 9.00 a.m....Every 15 minutes. 9.00 a.m. in 9.30 am...Every 30 minulas, 9.30 am to 10.30 a m....Every 5 minutes, 10.30 am, to 11 00 am....Every to minules. 12.00 Noon to 1.00 p.m....Every to minutes, 1.00 p.m. to 5.00 p.m....Every 15 minutes. 5.00 p.m. to 6.00 p.m....Every 10 minutes. 6.00 pm to 7.00 p.m....Every 15 minutes. 7.00p.m. to 8.00 p.m....Every 10 minutes.

NIGHT CARS es on Week Days. SATURDAYS.

Extra cars at 11.30 and 11.45 p.m. Company's Office, ALEXANDRA BUILDINGS. SPECIAL CARS by Arrangement at the Des Voeux Road Central,

JOHN D. HUMPHREYS & SON, General ManagÕIS, Hongkong, rat October, 1904. (1094 THE NEW FRENCH HEMEDY

TRADE

THERAPION MARK

This succenful and highly popular remedy, used in the Continental Hospitala by Ricord, Kostan, Jobert, Valpesu and others, combines all the dealdarata to be sought in a medicias of the kind, and surpasses everything hitherto empinged

short time,cena low days only, removes affdischarge from theurinary organs,effactually superseding infections,thomse of which does irreparable harm by laying the foundation of sttlcture and other serious diseases." In dysentery, plas, Imitation of the lower bowel, cough, bronchitis, arthms, and some of the more trying complaints of this kind, it will be found astonishingly efficacious, affording prompt rela where other well tiled remedies have been powerlena, W

✔padty of

THERAPION N12

in British courts of law, which is its sense in THERAPION NO.1 International law. It cannot be successfully contended that provisions would be regarded by British courts of law as unconditional contraband of war, or that there is any likeli- hood that they will ever take that view. Had this court been asked at any time between the signing of the charter party on the roth February 1994 and the issuing of the Russian declaration to construe the meaning of the words "contraband of war" it cannot be doubt. ed that it would have excluded provisions from the category of unconditional contraband. It in contended, however, that the court ought to place

Lito blood, acurvy, pompáza, spots, blotches, paint and pwal- lings of the joints, e order symptoms, gout, rhoumatizm, and all diseases for which ft has been too much a fashion to caplay mercury, sarsaparilla, &c. to the destruction of ufferers teeth and ruini of hexit's. This preparation purifiesthe whole system through the blood, and thoroughly elimfantes every polnenous matter from the body,

THERAPION NO.3

rahaustion, impnierd vitality, sleeplessness, and all the d stressing consequences of early error, excess, residence is hot, unhealthy climates, &e. Itposten surprising power in restoring strength and vigor to the debilitited.

la sold by the prin

THE

Auctions.

PUBLIC AUCTION.

HE Undersigned have received instric

tions to Sell by PUBLIC AUCTION,

FOR ACCOUNT OF THE CONCERNED, TOMORROW,

the 1st December, 1904, at 11 A.M., at their Sales Rooms, No. 8, Des Voeux Road, corner of Ice House Street,

SUNDRY

HOUSEHOLD FURNITURE,

Comprising TEAKWOOD OVERMANTELS with BE- VELLED GLASS,MARBLE-TOP BUREAU with BEVELLED GLASS, SILK-TAPES- TRY DRAWING ROOM SUITE, MARBLE- TOPWASHSTANDS,TEAKWOODWARD-

ELECTRO-PLATED WARE, CANTON ROBES with BEVELLED GLASS, CHEST- OF-DRAWERS, GLASS, CROCKERY and BLACKWOOD WARE, CHINA VASES, St. C12 &a, &c. Catalogues will be issued. TERMS AS usual:

J

HUGHES & HOUGH, Auctioneers, Hongkong, 30th November, 1904. - [1286

PUBLIC AUCTION," "HE Undersigned have received instructions

to Sell-by-

TH

PUBLIC AUCTION,

FOR ACCOUNT OF THE CONCERNED,

on

FRIDAY,

the 2nd December, 1904, at 11 AM, at their Sales Roomis, No. 8, Das Viear Road, corner of Ice House Street, A GREAT ASSORTMENT OF ENAMELLED TIFFIN CARRIERS.

TERMS: As usual,

HUGHES & HOUGH, Auctioneers, Hongkong, 26th November, 1904. (1273

Masonic,

ZETLAND

No. 535, E.C.

LODGE,

REGULAR MEETING of ZETLAND, A LODGE will be held at the FREE MASONS! HALL, Zetland Street, TO-MORROW, the 1st December, at 8.30 for 9 P.M. precisely, Visiting Brethren are cordially invited to attend.

Hongkong, 30th November, 1994.

NOTICE.

[1268

ONE THOUSAND DOLLARS REWARD.

THE above sum will be paid to any person

who gives information leading to the arrest and conviction of the person or persons guilty of Stealing or Embezzling a CHEQUE FOR NINE THOUSAND DOLLARS da out in favour of Messieurs JEBSEN AND COMPANY and indorsed by them and sant to be paid into the DEUTSCHE ASIATISCHE BANK in this Colony on the 8th October, 1904, but which was unlawfully cashed and the proceeds stalen by some person or persons unknown.

-F. J. BADELEY,

Capt. Supt. of Police. Hongkong, 15th November, 1904. [1244 THE WINE GROWERS SUPPLY CO.

BARRETTO & Co., General Agenis, Hongkong,

PORT WINE. Direct shipment from the COMPANIIIA AGRICOLA B COMMERCIAL DOS VINHOS DO PORTO, (Successors to DONNA ANTONIA A.FERREIRA), Monopoly for China of THE WINE GROWERS SUPPLY CO.

Dry No. 1

M 2

Dry No. 3

Per Case of

I Doren.

Selected Old Port $50.00

45

15

+ 35.00

Quinta do Porto

14

18 F 30.00

**

" 25.00

Quinta da Granja

!

20.00

Thway, 1887, Vintage

10

# 15.00

Tawny, (White Label).......

14.00

fac

Medium Tawny, (Brown Label)

White Tawny, (White Label). Full Wine, (Brown Label)

13.00

13.00

White Taway, (Brown Label)............ns'

11.00

10.00

Merchants throughout the world. Prico in England

In ordering, state which of the three number la r Fred, and obwire above Trada Bark, which is

le of word THYRAPION" so it appears on the British Dwernment Strin (n white letters on a ted ground) and to every 1 kagy by order of His Majesty' How Lotrisoners, and without which it in forgery.

a different meaning on that expression, after, and THERAPION Chemists and in view of, the terms of the Russian declara- tios, inasmuch as Russia being a sovereign (n- pendent Power has a prerogative right to da clare whatever she pleases to be contraband of war in any war in which she may be engaged,| and that the effect of the Russian declaration may be to make provisions unconditionally contraband, the Master of the ship Pro mathaus was excutied from loading them on his ship. In this contention. I am unable to con- cur. In the view which take of the effect of

the Declaration under the Treaty of Paris of 1856, and of the undertaking by the several Powers signatory thereto, given in the Protocol No. 24. not to depart from the principles enunciated in the Declaration, I think that Russia, was not at liberty to declare provisions: unconditional contraband of war, and that her declaration in that respect could not affect the contract between the parties to this charter party, evan kupposing it could be held that Contraband of war means, as used in the char ter party, whatever Russia may consider as such; for Russia having been a party to the I draw special attention to the fact that the soloms declaration of " fixed principles" under" expression contraband of war?" je twice used the Treaty of Paris was not at liberty lodisregard: in this declaration without being in any way these principles and was therefore bound to defined. This declaration was designed to give recognise, and act upon, the generally accepi. effect to the opinion of the plenipotentiaries ed rule of international law that provisions expressed in the preamble, viz., that it was to

are not unconditional contraband. In this the advantage of the civilised world to establish view I am supported by the decision in the a uniform doctrine on the subject of mari, case of Follard v. Bell, 6 Term Reports 424, time law in time of war, and with that object patent to one nation to add to the law of

where it was laid down that it is not com in view to introduce certain "fixed principles." pations by its own arbitrary ordinances without At the same sitting of the plenipotentiaries the concurrence of other nations Against the- the following resolution was adopted (Frotocol

(Continued on page §.)

Sold by A. S. WATSON & Co., Limited, Hongkong, China and Manila.

For Sale.

FOR SALE

16

[NCANDE

SCENT: Gasoline)

Lamps of all

Light Tawny, (Brown Label).'..................

FRENCH OLARETS,

St. George............

$4.00 $5.00

Cru-Wynbren............. 450:

Montferrand....

St. Emilion are

Aamir 750 St. Estephe Superior descriptions Chateau Leoville

Chateau Margaux *** from the beat Chatsu Lafite minkers,

5.50

Côtes

$,00

6.00

maris 3.50 6.50

Médoc mala

0,00

7.00

7.00

St. Estephs................................ 6.30 St. Jollen...

7.50

8.50

9.00

10,00

·***** 900

10.00

9.00

10.00

11,00

11.50

BURGUNDIES,

Chimneys, Globes, Sha

Per Cas Per Caso

Quart

Pints,

$14.00 $16.00

Incandescent

Manties.

Chatens LabSB

des, &c., for Volasy vin 1893 Gasoline and Moulin a Vent vin 189314-50 Gas Lamps Macon vin 1899

17,00 19.00 16.50 at the most Nuits vin 1893... 17,50

19.50 moderate Musigny vin 1893 18.50 20.50 pricer.

Cortoa vin 1893 18,50 2050 Chablis vin 189319.00 Beatus vin 1893. 19.00

21.00

Lamps Axed

21,00

up for Buyers

Pommard vin 1899.......

$20.00 31.00

freeofchipe

Red Burgundy......

$30.00

Chambertin vin 1899-39.00

·33,00

·43.00

Naphtha of

the best kind

kept in stock.

TẠI KHONG C

·· 36, Lyndhurst Terrace.

Hongkong, 16th November, 1904 ||| (1246

Romance vin 1893 40.00 43.00

BARRETTO & Co.,

'Agonis,

Nos, 1 & 24, Bank Buildings, Queen's Road Central

Hongkong, 19th October, 1904,