1904-11-30 — Page 5

TELEGRAMS.

(Reuter's.)

Contraband of War.

LONDON, 28th November.

Lord Lansdowne,in a letter to`the Cham

THE HONGKONG TELEGRAPH, WEDNESDAY, NOVEMBER 30, 1904.

WHAT IS CONTRABANDI

THE OSAKA SHOSEN KAIŠKA V. THE OWNERS OF THE S.S.PROMETHEUS,"

THE JUDGMENT.

Fallowing is the judgment in the above action as revise by the Chief Justice (Sir

ILM.S. Vertal -sailed at eight o'clock this ranrning for England. As the steamed by the vessels in harbour, the ships' companies man- ned the rigging and cheered her out, the Banda of H.M.S. Glory and Vengeance played "Sail- is ex-

pected that, including stoppages, she will take. about two months in getting hoarz.

THE REBELLION IN KWANGSI.

Native newspapers published in Canton re-

words: "this agreement not to be cancelled in | DEPARTURE OF H,M,S. " VESTALU the event of war being declared." I may say say at once that, the insertion of this provision makes it in my opinion manifest that when this charter party was entered into, both partien ex-. pected that there would be war between Ras- sia and Japan before the expiration of the charter by effluxion of time. There is nothing bers of Shipping Commerce says, that al

in any other clause bearing upon the case unt the 15th by which the amount to be paid foring Home" and "Auld Lang Syna." though neutral traders may trade even in

"the use and hire of the steamer in fixed at contraband with helligerents at their ownHenry S. Berkeley),

The rate of $6,750 per mouth payable, half -risk, they should bear in mind the law of His Lordship said This is a special case monthly in advance. With respect to this it will be sufficient to remark in passing that this this country. By chartering vessels to follow stated for the opinion of this Court by the sum is stated to be a moderate charge for the the Russian fleet with coal, British owners

arberator acing under a submission to arbi-use and hire of this steamer, and that the arbit Imtion contained in a certain charter pånyrator bas found as a fact that the rates af chart. might render themselves liable to proceed-made at Hongkong on the toth of February, ering had enormously increased between the ings under the-Foreign Enlistment Act. 1904, between Messrs. Sander, Wieler & Co. taining the clause was signed, and the 26th of In a letter to the Liverpool Chamber of gents for the steamship Prometheus, under March when the Master refused to land the Commerce Lord Lansdowne says that com Norwegian colours," on the one part, and "The cargo tendered by the charterer. Of the re- Sz'enfus, suddenly attacked the Miaotse abori ---munications-are-still-passing-between Eng---Osaka_Shosen_Kaisha, Osuka, by their Hong, maining clauses of the charter party the 37thginal district city of Hsinch'êngusien, disiant land and Russia on the subject of contraband. kong Office, Charterers" on the other part, byly seems to bear upon the matters in dispute about thirty miles from the prefectural city of which that ship was chartered to the Osaks hetween the charterers and the owners of the Chingyuanfo. The rebels first rushed the walled cantonments of the Miaotse militia,

and then poured over the walls, which were some 400 in number, located outside the city,

held by two companies of well-armed regular troops The military and civil authorities were completely taken by suprise, and the Miaotse chief, who is hereditary district magistrate of Hsinch 'ênghsien, was finally compelled to abandon his city with such of his tribe az had

LATER.

Shosen Kaisha for six months subjecuto, inter alia, a special stipulation that she was not to carry any contraband of war. The charter party is signed "Sander, Wieler and Co., as agents for the captain and owners of the Norwegian 1.5. Prometheus," "Osaka Shosen Kaisha. T. Arina, Manager."

The German Budget The German Budget shows an increased expenditure of £10,000,000 and a loan of £14,000,000 is required to meet the extra demands and increases, which include £5,000,000. extra for the navy, £1,500,000

The facts out of which arise the questions for the army, £3,500,000 for the punitive submitted by the special case for the opinion expedition in Darmaraland. Besides an in- of this coat are, so far as material, as follows: crease of £500,000 for recurring expendi-The charter pasty was signed at liengkong on ture on the German army the estimates shows a non-recurring increase of £3,000,000. The Supply of Coal to Belligerents. The newspapers, while admitting difficulty of the Government in dealing with the sup- ply of coal owing to the existing laws, express sympathy with the Japanese irritation.

THE BALTIC AND THE.

JAPANESE FLEETS..

the roth of February, 190s subsequent to the outbreak of hostilities between Russin and Japan. The fact that Russia and Japan were at war was unknown to the parties at the time they signed the charter party, but the charter party was made in anticipation of war, and the fact that war had broken out became known to the parties immediately after the charter pally ind been signed. The owncis of the Prome theus are Norwegians, subjects of a Power neutral in the war between Russia and Japan, The charierers, the Osaka Shosen Kaisha, a Japanese Steamship Co., are subjects of Japan, one of the belligerent power, The Osaka Shosen Knisha is a well-known company engaged prior to the outbreak of war in running a regular line of steamers carrying cargo and passen.

10th of February, when the charter party con

Prometheus.

That clause is as follows:-"In case of war port nor to carry any contraband of war." In the steamer not to be. directed to any blockaded Landon Gazette of the 1st March, 1904, a noti- | fication from His Majesty's Secretary of State for Foreign Affints, dated 29th February, 1904. appeared, the material portion of which is as follows: His Majesty's Secretary of State for Foreign Affai& has received the following telegram from His Majesty's Ambassador at be applied by Russia during war with japan St. Petersburg" Regulation affecting neutrals published today. Declared Contraband of Wai: Here follows a detailed statement of specific articles, which are to be considered a conditional contraband of a mad the aft objects intended for war by sea or land declamation concludes as follows:-" Generally including rice, rovisions, horses, etc." This extract from the London Garcite of the 1st of March, 1904, was published in Hongkong in a Government Notification, No. 253, dated at the Colonial Secretary's Office, 8th April 1904.

port that on the 29th altimo a large body of rebels, hitherto holding the prefecture of

To-day's Advertisements.

TO BE SOLD BY ORDER OF THE EXECUTOR OF THE 'WILL

OF

W. STUART HARRISON, DECEASED,

* ON WEDNESDAY, the 7th day of December, 1994, at 3 o'clock, at their

Sale Roams, Ice House Street,

BY.

MESSRS. HUGHES & HOUGH.

HE following VALUABLE LEASE-

Intimations.

GREGOR & CO.

WINE

AND

THOLD PROPERTY, situale at MOUNT GOUGH, The Peak, Hongkong, in Two Lots: SPIRIT MERCHANTS,

Lort-The Valuable Leasehold Messunge

and Premises known na “Cheltondale,”, situate partly on subsection of section C-and-section-G-of-Rutal Building Lot No. 9 held for the residue of a term of 75 years created by the Crown Lease thereof and partly on section A of luland Lot No. 1,376 which is held upon a yearly tenancy from the Crown. Crown Rent $110.

The premises are let upon fitwo years! - agreement from the 1st day of july, 1994, terminable upon six months' notice but only if the purchaser wishes to accupy the-premises.

LOT 2-The Valuable Leasehold Messnage

and premises, known as No. 7, Stewart Terrace, situate upan the Remaining

HONGKONG.

Portion of section C of Rural building WILL OPEN their

Lot, No. 9 which is held for the residue of a form of 75 years created by the Crown Lease thereof. Crown Rent $3.35

l'o-session will be given on or before. the at day of January, 1905 For further particulars, apply 10-

HUGHES & HOUG4, Auctioneers,

or in DENNYS & BOWLEY, Supreme Court House, Solicitors for the Executor.

Hongkong, 26th November, 1924

PUBLIC AUCTION.

1292

escaped massacre at the bands of the rebels. It is further reported that as soon as the rebels appeared inside the walls, the regular troops divested themselves of their uniforms and join- ed the former in plundering the unfortunate aborigines. The latter, led by their chief, finally made good their retreat to Ch'ingyuanfu, but had to abandon all their worldly goods to their plunderers. Viceroy Tsen is now investigating the matter. Antther paper also reports the There had previously appeared in the G.. capture by the Government troops of a rebel wernment Gazette of the 9th March, the follow stronghold called Stepaohsü, near Lochèng- ing Notification, No. 165, dated at the Colonint hsien, which latter city it will be remembered. Secretary's Office, 9th March, 1994-"The

was captured by the rebels with much slaughter for the Colonies is published for general in- foli wi.telegram from the Seceretary of State last September, and subsequently re-taken by formation: Russian declaration as to con-

the troops. It appeared that the rebels at traband states as follows: En general tous Szepaohsü numbered nearly 6,000 well-armed THE Undersigned have received instructions les objets destinée a la guerre, sur mer ou sur men, but the troops, some 8,000 in number, la ere, de même que le riz, les vivres, et les attacked the place, which, by the way, posses chevaux, bôles de sommes, et auires pouvant

ses a stone wall with a broad moat, in the depth transportér pour le compte ou a destination deaf the night in the midst of a storm, and l'ennemi."

surprising the rebels, captured their stronghold with the loss of comparatively few men. The remuant of the rebel army led the same night to Sz'enfu, leaving a number of rifles, ammuni tion and a good quantity of food supplies to the captors. Thus the war goes on see-sawing, without any present indication of peace being restored in the province,—N. C. D. Newi,

4

A CAREFUL COMPARISON. Now that the Halfic Fleet has made a start for the Far East it may not be without interest to try and arrive at some sort of estimate of how it compares with the hostile feet it is perhaps destined to meet. But as 'counting beads" is about as misleading a method offers from Japan to Formosa and buck, servir dans un but de guerre et si elles sont estimating Lavies or squadrons as can be de. calling at Japanese interports each way, vised, it is necessary to employ some other and carrying ordinarily and regularly as part standard of comparison. Aclassification based of such cargo sugar, rice, and foodstuffs gen- on the number of guns or the amount of erally. That fact was known to Messrs. Sander, amour ca ried is almost equally misleading i Wieler & Co. at the time of the negotiations for but by taking into account the whole of te offensive and defensive qualities of ships of the charter of the Prometheus, and the Prome different classes, and giving marks accordingly.theus was chartered for the express purpose of it is possible to arrive at a farly sound basis being employed in that line, so running between for comparison. This system has been work-Japan and Formosa, to replace certain steamers ed out most. carefully and there are tables which are used by all the navies in the War Game designed by Jane, and it is on these figures that the calculation will be based.

JANES WAR GAME,

regular y theretofore so employed which had been taken up by the Japanese Government, The charter commenced on the 22nd February and the Prometheus left Hongkong on the

NEWS FROM. VLADIVOSTOK,

to Sell by PUBLIC AUCTION,

FOR ACCOUNT OF THE CONCERNED, TO-MORROW,

THURSDAY), the is: December, 1904, at TI A.M., at their Sales Rooms, No 8, Des Voeux Road, corner of Ice House Street, ONE COTTAGE PIANO by COLLARD & COLLARD), London; AND. ONE APOLLO PIANO PLAYER, (in good order and condition), TERMS AS usual.

HUGHES & ROUGH, Auctioneers. Hongkong, 30th November, 1904,

It must, however, be premised that, sapposing following day under her charter, for Takao, a the minds of the parties at the time of the Vladivostok and who has been in residence at ARMSTON

port in Formosa. She there loaded a cargo of sugar and rice and proceeded to Anping, another part in Formosa, where she again loaded

A gentleman who has just anived bere from

that port since the outbreak of the war says that the price of provisions, both luxuries and necessities, has increased nearly two hundred

the tactical values of a cavalry and an infantry sugar and rice for Yokohama and Kobe-ports not known to the parties; that the Russian per cent. The Bogatyr was in the harbour but

a particular battleship's figure or rating to be expressed as 4, it does not follow that five cruisers whose rating is a wond be the equiva lent of upit would be as rational to compare, say,

unit on th bisis of their respective we ghis ar speed. The comparison only holds between ships of the same type, ie, between battleships and battleships or cruisess and cruisers. The Baltic Fleet than consist-or probably con sisted when started-of seven battleships

|

The first declaration by Rus ia respecting contraband of war was made at St. l'etersbury on the 14th of February, 1904, and was consequently made subsequent to the signing of the charter party by the charterers and the agents for the owners of the ship Prometheus. Leaving for the moment the question whether the effect of the declaration by Ru sia was or was not to ditional contraband at war, it is important make rice, sugar, and other provisions uncon- when considering the true construction to be placed upon the expression contraband of war as used in the charter party and to the determination of the question what was in execution of that document, to remember that the charter pa ty was signed on the oth February at a time when though war was expect rd, the fact that it had actually broken out was in Japan The Premethas arrived at Yoko declaration was not issued in Russia until the hama na the 9th March and at Kobe on the 14th February, 1914-four days aher the charter 17th of that month. The cargo loaded in party had been signed; that it was not publish Formosa was duly discharged and the loading er in the London Gusette until the 1st of March, of the ship for her return voyage from Kobe to

some twenty days after the signing of the Formosa commenced. On the 19th of Marchongkong, where the contract of the charter charter party; and that it was not notified in the master of the Pontetheus received at Kobe

was made, until the 9th March-29 days after a telegram from his owners directing him to the signing of the charter party, The Arbitra decline rice and provisions between Japanese tor, after citing the treaties which provide for ports," and further directing him to try ese, so far as the treaty port trade is con equality of treatment for foreigner, and Japan Cancel" the charter party. The direction to cerned, finds as a fact the following: "Both decline to load rice and provisions was com under existing treaties and prior to the signing municated by the Master to the Osaka Shosen of the British treaty of 1844, foreign vessels, Kaisha. A correspondence ensued between the

that is to say non-Japanese vessels, were freely allowed to trade with certain other ports in Japan under special permits, and this privilege is "extended to foreign vessels to the present day irrespective of whether Japan is at peace

bearing upon the argument addressed to me or war." This finding is borne out by the.

two so-called brited cruisers, and six protected cruisers. Of the battleships four are probably of the new Borodino type, extremely good ships in every way, and they are represented in Jane's table as representing a value of i each. Then there is the Odiabya with a value of 9, the Missi Veliki 6, and the Navarin 5. The battle squadron then is theoretically cap. able of being represented when compared with other battle squadrons by the figure f. But anything which interferes with the inefficiency of the ship, be it in regard to matériel or per

Charterers and the Mister, in which the Char sonnel-even the "conscience" of her com. mander-must affect the figure which stands terers denied and the Master asserted that rice, for her value. Thus the recent misadventures sugar and provisions generally were contraband which befell the Orel, twice running aground, and once having the bearings of her muchinery rice, sugar and provisions" for carriage war, ending by the Master declining to load tampered with, may well have left her not up to between Japane e ports unless an increased the standard which was fixed on the assumption that she was well fount in every particular, amount was paid for the hire of the ship, alleg. Another deduction would have to be made for ing as the ground for this refusal that provisions any newly commissioned ship, still more ap were contraband of war, which, by an express parently for a Russian one, judging by the reprimands which were administered to half a term of the charter party, was nut to be loaded doren of the ships of the squadron for not giv- on his ship. ing prompt assistance when the Orel tan aground recently. It is known also that three of these sister ships have been completed hur riedly and have not under, one full trials.

SLIGHTLY FAVOURABLE TO JAPAN.

But as it is manifestly impossible to express these deductions in figures, they my as well be ignored generously and it may be assumed that the battleships taken together at the com mencement ofa 13,000 mile voyage represented a value of 6. If we take it as at least probable that by the time they reach the Far East Fort Arthur and the ships lying there can be disre garded, and that the whole japanese fleet will be available to meet the Russian reinforcements we can compare the value of the opposing forces. The fibusa, Asahi and Shikshima are worth reach, the Fuji and Yathima 8 each

In consequence of this refusal of the Master to load rice, sugar and provisions, for the reason stated, the cargo of the Prometheus which was then in course of being loaded was completely discharged at Kobe and the ship left in ballast for Nagasaki. Subsequently she was employed elsewhere than on the line between Kobe and Formosa for which she had been specially chartered. In consequence of the refusal of the Master to load this cargo the whole purpose of the charter party was frustrated. The intended voyage for which the Prometheus was load ng at the time was on the regular line between Kohe and Farmosa, and the parts to which it was proposed to send the

a total of 46. The comparison so far is Prometheus were not ports of military or naval unfavourable to the Japanese. But apart from equipment, but ordinary commercial parts. The the indeterminable value of war training and morale there is another factor to be taken into between the roth of February, the date of the rates of chartering had increased enormously consideration, viz, the armoured cruisers on both sides, far, as we know, two at least of

charter of the Prometheus, und the 26th of the Japanese cruisers took part in the bg March, the date of the discharging of the cargo battle of the toth August. Now the Russians which that ship was then in the course of load have twn indifferent ships of this class in the ing at Kobe. This fact is of importance in Baltic Fleet, the Admiral Nakkimoff ad the Demitri Donskoi, dating back to the 80's and consi 'ering what the parties had in their mind represented numerically by the figure 35 when, as will appear hereafter, they used the Even supposing them to be foolish enough to word "contraband" in clause 37 of the charter take part in an engagement they would only party; for it is suggested by the charterers bring up the fighting figure to 6'5; and the that the objection of the owners to carry' pro Japanese on the other hand possess not only visions was not made bona fide, but was made the two really modern cruisers purchased this with the object of obtaining if possible a fresh year from Argentina with a figure of 6, but the charter at the higher rates then ruling. The six Asamas worth the same. Some of these first clause of the charter party provides that would no doubt be employed in keeping watch the ship Prometheus shall be placed at the over the Vladivostok squadron, but as any one sole disposal of the charterers or their agents

|

evidence, and the fact so found has a material

apparently badly damaged as pontoons were necessary to keep her afloat. No Chinese are allowed in or out without passports, and all the available coolic labour has been requisitioned to strengthen the fortifications.

Admiral

Bezobrazoff was in Vladivostok as was Admiral Skrydloff, who seems to be very unpopular with alt classes. The general opinion, he states, in military circles is that Fort Arthur will fall within a month, and Admiral Skrydloff has heen censured for failing to effect a junction of the two fleets. No supplies can be purchased without the production of a special permit from the Commandant of the garrison.-N. G. D. News.

COMMERCIAL:

TO-DAY'S EXCHANGE.

Selling.

Germany-Bank T.T.

סון

4 months' sight France-Bank T.T.

2.37

....45

.1.92

140)

.140)

..714

India P.T......

Do. demand Shanghai-Bank T.T. Japan-Bank T.T. Singapore-Bank T.T............................ Nominal .1131 Java-Bank T.T.

on behalf of the owners of the Prometheus to the effect that the Master of the Prometheus | London-Bank T.T. was not bound under the terms of the charter

Da. demanit which was for "fawful voyages" only to continue

Do. voyages to the interports of Japan, inasmuch as it was illegal to do so, that is to say that it was unlawful for him, as master of a foreign-merica--Bank T.T.. owned neutral ship, to engage her in time of war in the Japiness interport trade, that is to say in the coasting trade of japan. I was proved before the arbitrator that the Master of the Prometheus had received from the Osaka Shosen Kaisha a letter dated 27th April, 1924. by which it appears that they had ordered him to go to the following Japanese interports, viz, Yokohama, Kobe, Kagoshima, Okinawa, which include poris known as non-treaty ports, Keeling, Anping, and Takao." I mention this now because the fact has a direct bearing upon portion of the case for the owners of the ship marised facts that the arbitrator has addressed Prom-theus. It is on the above briefly-sum- to me his questions, three in number, as follows:-Firstly, whether under the terms of Russia's declaration the cargo intended for shima, Okinawa, Auping and Takno by the shipment from Yokohama and Kobe to Kago- From theus was contraband? If so, whether ing upon nestrals, or whether, it is witru vires? the Russian declaration is this respect is bind-Bak of England rare

Secondly, whetherthe Ineon which the Osaka metheus is a "privileged line, and if so was it Shonen Kaisha wished to employ the Pro- therefore unlawful for a neutral ship to engage in such a trade?

Thirdly, whether in view al all the evidence brought forward, the Osaka Shosen Kaisha at- tempted to violate, or alter, the terms of the charter party as a whole, but particularly with reference to clause 37, by instructing the com mander to load a cargo of food-stuffs and timber and to proceed to the poris named in their letter of 27th April, 1904!

Buying,

6 months sight L/C,.....

months' sight L/C.

........1/1

30 days' sight San Francisco & New York 46)

months' sight

rio.

47 jo days' sight Sydney and Melbourne...... /!1 4 months' sight Francs......................................... .....2.41

months' sight

3.42) months' sight Germiny Bir Silver.....

"J

OPIUM QUOTATIONS. To-day's notations are as follow.—

Jatwa New...

Old Older

PE

Oldest Patna New Banares New Persian Paperi

CIRCUS AND

OF

[1289

ROYAL MENAGERIE

PERFORMING WILD ANIMALS. LOCATION: CAUSEWAY BAY, NEAR POLO GROUND.

TO-NIGHT!

OUR GREAT PROGRAMME. TO.NIGHT1

TONIGHT! THE PERFORMING LIONS.

OFFICE

ΟΝ ΤΗΣ.

1ST DECEMBER, 1904

AT

84, QUEEN'S ROAD CENTRAL,

1ST FLOOR

(WM. POWELL & Co.'s old premises).

GREGOR & CO.

TO-NIGHT! THE

FRIDAY NIGHT, and December, FIRST AMATEUR RIDING CONTEST,

FOR PARTICULARS SEE HAND BILLS.

MONDAY NIGHT, 5th December, UNDER THE PATRONAGE AND IN THE IMME GOVERNOR SIR MATTHEW NATHAN, R., DIATE PRESENCE OF HIS EXCELLENCY THE

K.C.M O., AND SUITE.

A SPECIAL PROGRAMME FOR THIS OCCASION.

NEXT MATINEE,

SATURDAY AFTERNOON, December 3rd. Doors Open 3 o'clock. Comir ence 4 o'clock. Children Half Price to Matinees only.

PRICES OF ADMISSION:

$3, $2, $1 & 50 Cents (for Chinese only). NB-The Electric Tramway Co. will run Special Cars before and after the Performances. Booking Office for Box Seats and Dress Circle at the ROBINSON PIANO CO.

MADAME HARMSTON-LOVE, Proprietress.

ROBERT LOVE, Manager.

R. ALTON & A. LEONARD, Agents. Hongkong, 30th November, 1904,

[1280

GOVERNMENT NOTIFICATION.

NFORMATION has been received from the Military Authorities that GUN PRACTICE- will be carried out as under

Lyemun and Devil's Peak, on WEDNES- DAY, the 7th December, in the direction of Junk Bay and Tung Sung Island, at ranges from 600 to 8,000 yards, Lyemon, on FRIDAY, the 9th December, in the direction of Junk Bay, at ranges from 600 to 8,000 yards.

1.97

771

·3%

If the weather is unfavourable on either dat, Practice will be carried out on the following day.

Per chest @ 1,080/1,110; ..@ 1,74 1/1,180 ..@ 1,200/1924 1 .@ 1,280/1-300 ..... 455

1,110

A B 1/920

Practice will commence at 9.30 ̊ A.M., and finish about P.M. daily, if the range is clear. L. BARNES-LAWRENCE, Harbour Master, &c.

[1291

Harbour Department,

Hongkong, 30th November, 1904.

NOTICE TO CONSIGNEES.

FROM CALCUTTA, PENANG AND SINGAPORE.

HE Steamship

THE

"LIGHTNING,"

having arrived from the above Ports, Consignees of Cargo are hereby informed that their Goods

of them is worth as much as the Sirror Veliki | to-car y cargo and passengers for lawful vo; charter party as a whole interpretation of the trustworthy information the Japanese Foreign will be delivered from alongside.

Cargo Impeding the discharge will be landed at once, at Consignees' risk and expense.

Cargo remaining on board after the 2nd December, at a a, will be landed at Con. of the Hongkong and Kowloon Wharf and Godown Co., Limited,

PENANG are requested to take IMMEDIATE Consignees of Cargo from SINGAPORE and DELIVERY of their Goods from alongside, such Cargo impeding the discharge of the vessel will be landed and stored at Consignees risk and

THE Daily Telegraph of London, whose for- In order to arrive at the true answers to the eiga service is generally most excellent, re above questions the firstthing to be done is to ports from its Tientsin correspondent that on determine what is the true

Minister has 1-5ued a circular announcing that Noth the learned king's counsel, Mr. Sharp, it is Japan's intention to turn l'ort Arthur, and Mr. Slade, who appeared for the owners of who appeared for the Osaka Shosen Kaisha, when it is captured, and the whole of Liao

tung peninsula, over to the Chinese, who, the the ship Prometheus, are agreed that the charter correspondent says, it is understood will designees' risk and expense into the Godowns pany is to be read as a whole, and that effect clare l'ort Arthur an open port. "On the should be given to the real intention of the pasties, but so far as relates to what the inien- presentative says: "I am told that Japan will same authority," the Daily Telegraph's re- tion of the parties was when inserting the words be prepared to entertain peace proposals after hold completely divergent views.

contraband of war in the 37th clause they she has taken Mukden and Saghalin on the following basis: First, that an international It therefore becomes necessary at the outset to indicate take over the Manchurian railway in the charter party. It is the general rule of second, that Russia pay £100,000.00 indem determine the meaning of those words as used and run it as a strictly commercial enterprise;

presions should be given their primary sense all of her ships in Chinese waters to Japan. unless there be something in the context which Japan would be prepared to lease Saghalin to an-American company for £5,000,000,"-- {Continued on page 3)

dimarican Asiaște,

and more than the Navarin they may fairly be ages to all parts of the world, open ports only, expected to be represented in any action at the same une expressly declaring this Four of these eight ships being present would ports in America, Europe, Australia, and at once turn the scale in favour of the japanese, Africa, and in the Amur district are ex.luded bringing their figure up to 7 as against the from the operation of the charter and also Russian 65. The Russian protected cruisers interport trading in, the Philippines. The may be left out of consideration altogether, as first clause also contains the exception with far as fleet actions are concerned; for ex respect to airest and restraint of Princess. perience has shown what fate is likely to refall Rulers, and People" which is commonly insert. ships like the Novik, Vayig and Askold ined in a charter party; I make reference at this the presence of armoured vessels, But again stave to this exception because an argument, stress must be laid on the fact that Russian. gunnery is bad, the crews are new to the ships, was addressed to me by Mr. Shide in justifica based upon its presence in the chatter pay some of the latter are certain ́to break down, I tion of the act of the Master in unloading the construction of documents that words and ex. nity, and third, that Russia is to hand, over. and that the whole will be foul with the long ship at Kobe, with which I will deal later. The Bea voyage Their prospect therelove is not a second clause of the charter party limits the particularly brilliant one if ever they reach the duration of the charter to six calendar months, jseup of action.—Pianger.

and concludes with the following typewritten

expense A

No Fire Insurance has been effected. Undersigned.

Bills of Lading will be countersigned by the DAVID SASSOON & Co, LIMITED.

Agents. Hongkong, soth November, 1904.

[1266

Hongkong, 23rd November, 1904.

NOTICE TO SHIPPERS.

HE NIPPON YUSEN KAISHA are

prepared, during suspension of that and Trans-Pacific Service' and until further notice, to BOOK CARGO and Issue Bills of Lading to SEATTLE, WASH., VICTORIA, B,C., and PACIFIC COAST 'PORTS, also to OVER- LAND POINTS In the UNITED STATES and CANADA in connection with the GREAT NORTHERN RAILWAY FROM SEAT-

NORTHERN PACIFIC S. S. Co., BOSTON TLE, as hitherto,, by the Steamers of the

STEAMSHIP and TOWBOAT Cos., OCEAN S. S. Co. and CHINA MUTUAL S. N. Co.

For further "Particulars, apply at the Com pany's Local Branch Office in - PRINCE'S BUILDINGS, 'First Floor, Chater Road.

A. S. MIHARA, Manager,

1643

Hongkong, zoth May, 1904.

K

THE POPULAR

SCOTCH

IS

BLACK&WHITE"

Vourvo

JAMES BUCHANAN & CO.

SCOTCH WHISKY DISTILLERS. By Appointment to

H.M. THE KING

and

MIRH, the PRINCE of WALES

Supplied at all the LEADING CLUBS and HOTELS, and to be obtained. (tapo | the principal Scorey, :

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