1905-04-01 — Page 4

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ter of fact the contractor owed him a lot of money. He built the houses badly and ab sconded. In paying him ho gave him three or four orders for rice on the Kwong Tak Wing. He got his ready money by selling some little property he possessed to his concubines. There was no maney whatever now in the busi. ness of the Kwong Tak Wing.

Re-examined: The property he sold to his

concubines was subject to a satisfactory and

lengthy mortgage.

Wong Nai Kab, son of Wong Sing Tuck, deceased, gave the names of the partners in the Kwong Tak Wing. Wong Sun Nam was not A partner. He was his cousin. He joined the firm as a boy and after being in Califomis some time he returned to the firm as salesman at Sto a month. Hardrew no percentage out of the businers Wong Sing never was at any time partner in the business.

Wong Chung Yee, also a son of the deceas. ed Wong Sing Tuck, denied that Wong Sing Nam was a partner. When Sung Nam re turned from America he came back to the shop as a buyer and seller.

Wong Mow Sang, brother of the defendant, Wong Sung Nam, said he was for some years employed as skep coalie in the Kwong Tak Wing firm.

He never understood that his brother was a partner in the firm.

Cross-examined: Ife really knew nothing about the case except what he had been told.

This concluded the case, barring arguments, which His Lordship will hear at 10.30 to morrow morning,

DEFENDANT ARRESTED.

29th ult.

The case of the Wing Ching Fat firm against the Kwang Tak Wing and in the matter of the issue Wing Chone Fat firm, against Wong Sun Nam again came before His Lordship Sir Henry Berkeley, Chief Justice, in the Original Jurisdiction of the Supreme Court this morning. The question at issue, as already reported, was whether Wong "un Nam was a partner in the firm of Kwong Tak Wing. The plaintiffs had obtained judgment against the Kwong halk Wing, and gir mein Goodman ordered the issue to be tried as to Wong Sun Nam's standing. The judgment was in relation to flour which had to be delivered by plaintiffs, but which was not taken up when delivered. It was then sold by auction at a lower price The present action, by consent of the parties, was all to another action-No. 85 n! 1904.

In dechie juice is giving judgment said that the appearance of the defendant in the witness box was such as would lead one to suppose that he was not speaking the truth. Be gave his evidence in a way which a man who knew he was not speaking the truth would do. The evidence for the plaintiffs showed that the defendant had acted in every respect na if he were a partner. The two plaintiffs were told by defendant and another man that defendant was a partner; the broker who gave evidence, depared that defendant acted as though he was a parner; and the contractor who built the houses for defendant showed: that defendant acted as though he had a living interest-a share-in the Kwong Tai Wing. It was quite true that the persons who could speak most positively as in whether defendant was a partner or ant were the defend ant and his witnesses, but that of course would depend on the truth of their statements. The Chief Justice did nm believe that he spoke the truth and held that defendant was a partner at the time the cause for action arose.

Mr. Pollock applied for immediate execution against defendani, which request was granted.

Defendant was thereupon arrested. Judgment was given for plaintiff

RUSSIAN PINNS IN COURZ.

AFRAID TO GO TO JAPAN.

29th ult.

An interesting case, in which seyen Russian Finns were charged with refusing to proceed on the 4.8. Resalut, to Japan, came before Captain L. Bames Lawrence, R. N., at the Marine Court to-day. Captain Martin Jorgensen mas ter of the Rasoluit, stated that the men had refused to work and the vessel had been kept in Hongkong for some days on account of their obstinacy.

Three of the men spoke English, and on being asked whether they would proceed to Japan, they replied that they had signed on to be paid off at Hongkong.

Captain Jorgensen said the men were en gaged for three months at Cardiff to proceed to Hongkong and further". The vessel had a cargo of coal for Sasebo, Japan. In his opinion the men were frightened,

One of the crew remarked that they were not frightened at all. They had signed to go to Hongkong and here they intended to stay. They refused to go to Japan.

was

Captain Barnes Lawrence pointed out to the men that they had agreed to go to "Hongkong and further," which was the usual form of Norwegian agreements. It was true that coal was contraband of war, but in this case there no risk io- volved. Between Hongkong and Japan there was absolutely no risk whatever, because the nearest Russian warship was at Madagascar, some thousands of miles away. Had there been any risk he would have taken that into consideration,

It was urged by the men that their Consul at Cardiff had not explained to them what they had signed. Four of the men said they clearly understood the charge and were determined not to go aboard ship again.

His Worship remarked that they had only a month to serve until they were discharged from the ship.

The men, however, remained obstinate and a sentence of three months' imprisonment was Imposed. In the case of the other three mea, His Honour said he was not convinced that they understood the charge, and he ordered that they be taken back to their ship.

The prisoners were removed, but second thoughts proved better and they one and all begged to be taken back to thip rather than go to gaol. They were therefore escorted back to -the dock and the Bench was informed of the

men's desire.

Captain Barnes Lawrence remarked that it was fortunate he had not recorded the sentence which had been passed on them, otherwise it would have been irrevocable. However, they How agreed to go back to ship and he would allow them to do so, at the same time warning them against committing further disturbances. The men, wearing a broad smile, were then escorted to the Resolut,

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THE HONGKONG TELEGRAPH SATURDAY, APRIL 1, 1905.

HONGKONG

AS A NAVAL BASE.

CONSTRUCTIONS AT KOWLOON.

19th ult. Although various rumours are current with regard to the possible reduction of the China Fleet we cannot see any signs of a change in this direction so far as Hongkong itself is concerned. Far from it; the facts seem to point to an exactly opposite development. A notable change has, of course, been effected in the Naval Dockyard whereby it is anticipated much time will be saved. The small auxiliary yard at Kowloon which, until quite recently, borrowed what labour it required from the main yard at Hongkong, has now throws open its gates on its own account and labourers are entered on that side independently. This, together with the large godowns for extra storage, which have been hired outside, point to the rapid growth that is taking place a growth, moreover, out of all proportion to what has taken place in several years and which has been effected in the last few months. Simultaneously with the removal of the torpedo range to Lai-chi-kok which in tself what with the reclamation work and levelling going on in that neighbourhood, is no smali undertak. ing live piece of reclamation work and jetty building has been in progress opposite the coal sheds at the back of the Victoria canoe club.

Indeed, this coaling jetty is rapidly nearing completion now, as also is the work going of to reclaim ground in the immediate vicinity of the original wooden pier in the camber of the yard at Hongkong. All this points to an in crease of premises on a large scale.

Recently a very fine building was raised at Kowloon and a good deal more building is be ing pushed forward; in fact, it looks very much as if in a time not very far distant the original character of the depot for torpedo-boats will be entirely changed to an extension of the dock yard while the depot itself will be removed to Lai-chi-kok.

Whatever may be the ultimate design, how. ever, it is evident that an extensive increase of plant is in progress and this necessity means an increased call for labour in the dockyard.

Besides all this there is the large piece of grand behind Wellington Barracks upon which a good deal of work is also being spent and this is to be Dockyard property also. We hear rumours about submarines and the turning over of submarine delences to the Navy in which case the present Yard will probably in- clude almost the whole of the ground up to the Blue Ruildings.

All this argues an immense increase in stores and war material which by no means bears out the report about the decrease in fighting strength of the Fleet, what seems far more probable is that Hongkong will shortly become a large Naval base for what may practically be termed a Far Eastern Fleet comprising the stations of China and Australla and including the East Indies to a large extent.

It bids fair, in fact, to because one of the most importani Naval Buses of the world.

RUSSIA SUING LOR PEACH..

REPORTED TERMS.

The Manila Callenews prints the following as a "special" from St. Petersburg, dated 25th

inst.:-

hamper the Bill They all recognized that the sooner they got out of the present interregnum the batter; but at the same time it was very, necessary that the clauses of the Bill' should be thoroughly threshed out, and therefore he would ask His Excellency to favourably con sider his proposal.

His Excellency remarked that he might say at once that one of his principal reason for

was that he thought it was very desirable that * many members as possible who had taken part in the second reading of the principal Bill should be here to take part in the dia cussion in the Committes stage, They had already lost the services of one member and he regretted to say they would shortly lose the services of another member, and he considered it very desirable that at any rate on part of the Committee stage they should have the beneft of the very valuable assistance which the hon, member he referred to had always rendered them in Committee. He was very reluctant apon that account to postpone the subject, but ha did not think they would get through the whole Bill at one sitting that was extremely unlikely. Perhaps it would meet the views of of the hou. member if they did what they could at the first sitting and adjourned then for a week or at any rate a few days so as to give the Company time.

wishing to take the Committee stage next week

Mr. Fort interposed that they were not Identical

The Attorney General admitted that, but he opined there would be no difficulty in coming to an agreement in most matters.

- MR. FORT FOR THE COMPANY.

A TWO HOURS' SPEECH,

-If the mark is liable to give offence or in calculated to deceive.

-If it contains amblems or words reserved for the Government, use, o.g., Imperial or offi- cial seals, the national standard or military flags, or decorations conferred for marit.

1-

The Deutsche Vereinigang agrees with tha Chamber of Commerce as to the "unnecessary and vexatious" sule requiring re-registration when firms change partners. By another suggestion, the Registrar is required to give grounds for the cancellation of any trade mark "whenever the inaterial interests of the parties concerned are involved,"

As regards section ta, the Attorney General, Mr. Napier: It appears to me that there is sald that the Co. had prepared an amendment a considerable difference between the compul and the Govt, one niso,

Bory purchase of an undertaking like this and land. If anyone wanted to take a piece of land at the bottom of my garden to which 1 | objected, the payment of fifteen per cent would not be a sufficient solatium for the acquisition 3-If it is identical with another trade mark. of the land. But when one looks at a com 4-If It is an "Open mark” ie, ona in com- mercial undertaking it is a different matter. món use and not considered proprietary,⠀ When I have said that, I should add that it s—If It contains no distinctive feature, appears to me that I should like some definite Another suggested ground for refusal to re- Mr. Fart then opened on behalf of the Comtatement with regard to the basis on which the gister is if the mark injures the legitimate in pany and occupied the attention of the Council undertaking in to be taken over, because there, terests in China of other parties. The various for two hours. His speech teemed with lagal it seems to me, lies the whole crux of the considerations, which would certainly arise out points and he quoted authorities and section of matter. If you take over the businen of the of this regulation were it adopted, are discussed ordinances enough to satisfy an appeal court, Dock Co, are you going to take the land, so in the pamphlet before us and should be duly But it was not all plain sailing, for on several much for the wharves, so much for the plant, noted." paints he was questioned by the Governor and and the rest of it, or are you going to také over Important suggestions as to the lapen of re- an interesting little argument took place be the business and pay something for the good:gistration are to be found on p. 11, where it is tween Couniel and what was almost Court, will? I imagine myself that something" will suggested that one year before the expiration which ended in quite the approved style, when have to be given for the good will and in that of the term of protection the Registrar shall both sides had had their say out, by a sort of case I do not was the claim for 11 per cent ex write to the owner of the mark requesting the court will consider" and then the next tra can be sustained for this reason-la brief him to declare whether or not he intends to point was taken. Mr. Fort's strength was the that the Co is a Dock Co and nat a Co for the apply for a renewal of the registration. If yo clearnness with which he marshalled his argu purchase or speculation in land. Doubtless reply be received at the end of six months the ments, the abundance of precedent he could they have the power to purchase land, yet such registration shall at the end of the term be quote in most cases, and also in quite his hap purchase and resale are not the main objects cancelled. plest forensic style of meeting objections on the and purpose of the undertaking. As I say, if spur of the moment. The Metropolis Water they are to be compensated simply for the Act was in great evidence, and Mr. Fort did value of thedand and nothing for the good-will not hesitate to trace the famous plus 15 per or business, or whatever we like to call it, then Mr. Napier said this was a very important cent for compulsory acquisition through the the fifteen per cent on. the value of the land matter from the point of view of the Company.intricate wordings of local arid Indian law. It should be added. It seems to me that the land He thought they should have full time to con- is impossible to give more than a glimpse of is part of the needs for the business and ac sider all the amendments which they desired Mr. Fort's arguments, and indeed to the Iny cordingly should not be compensated for, if to bring before the Council and also full time mind, without the bill and the statute book they are paid for the good will of the busi- to consider the Government's amendments too. beside them, they would be mostly technical. ness. As intimated at last meeting it appears Personally, he thought that if the Company Mr. For commenced by thanking the Coun- to me that the circumstances of the Metropolis said they were not in a position to proceedcil for hearing the Company by Counsel and Water Acts are very similar to this. Accord

said he proposed to confine himself to amend: ing to the law of England, although there His Excellency said the Government would ments concerning the taking over of Co., is no statutory duty to that effect, there is a they should get time to prepare. have no amendments to bring forward with leaving alone the parts of the bill which affect custom that some compensation should be paid regard

the expropriation of the Company.ed the working of the Board when it was taken and that customary duty is taken away by the The amendments of the Government would be over; except so far as their present servapte Bill. I cannot see why this statutory duty here confined to the other parts of the Bill which and officers are affected. That was a point should not also be taken away, If it is fair to provided for administration and management. which seemed rather to have been overlooked do so in England it is fair to do so. here. It He did not want to appear ungracious, but he in the original drafting of the bill. Their seems to me to be a matter very largely depen- attach a very considerable importance to what amendments fell into groups, the first of which dent on the principle on which the undertaking he had already mentioned, and after all, the was, what was the undertaking to be taken of the Co. is to be valued. (Hear, hear) Bill had been before the Company since the over by the Government and the new Board. 20th of January. They were now at the soth of There was not much doubt as to the intention: March, and that seemed to him a very con- it was to take over the whole undertaking, siderable time for the Company as well as for both the rights and liabilities of the concern, the Government to consider the clauses of the Hence the substitution for the words property Bill and make up their minds as to the form and assets, "the undertaking" The second in which they desired amendment. He would group of amedments were directed to the prefer to have at least one sitting in Committee question of what is to be the basis of compen on the 17th of March and he would be quite sation to be paid the Co. "of course the most willing-in fact, he thought it would be néces important group of all." Section13 this is sary to have more than one sitting in Com- and the fateful 15 per cent. addition for mittee; and with regard to the papers he should compulsory expropriation is the theme, The not be prepared to press the matter at all. Co. desired to move an amendment, instead of "not make any allowance for the com- pulsory" but the Court shall "in addition to the value of the undertaking allow Afteen per cent. on the value of all lands belonging 10 or in possession of the Co., in consideration main argument was that the statutory law of the compulsory nature of acquisition." His awarded fifteen per cent. compensation for compulsory acquisition under the acquisition of land for public purposes Act, and he could not see any reason for depriving the Co. of a like compensation.. He dealt with the original Indian Act of 1870, the local Act of 1890, the Singapore Tramways Act of 1882, the l'enang Tramways Act 1885, and finally the Singapore Tramways Act of 1902.

Mr. Shelford agreed that as the amend ments were more on the latter half of the Bill, they would not press the proposal for delay if the Bill was not going to be pushed through Committee at one meeting.

they would be able to finish the Committee His Excellency did not expect at all that stage at one silting and he was quite willing that it should be understood that the Bill would not pass through Committee without at least one more meeting Straits Times.

THE RECENT DIVIDEND.

Two or three points are pretty sure to occur to the disinterested mind over the recent dividend declaration of the Tanjong Pagar Dock Com pany, after providing copiously for all even- tualities, of zo per cent per half year, say 40 per cent per annuat. But even 20 per cent per annum is not an ordinary trading profit. Dividends of 6, 7, 8, up to 10 per cent may be, Russia is making tentative overtures to Japan and many trading or shipping companies can- not make that. The ordinary person would for peace.

The main obstacle is Japan's demand of an indemnity of $500,000,000. This say that the T.P.D. dividends verge rather on is the halting place for the Bear. Russia feels those belonging to highly speculative successes, and must have been rendered possible either by that it would be too humiliating to pay any spending too little on development, or making money to Japan for a termination of hostilities.

too much out of charges on shipping. It was She is willing to make the following terms:

Manchuria is to be conceded Chinese terri-naturally the opening of the Suez Canal that tory. Russia will evacuate Manchuria. Japan may make a lease from China of Port Arthur

for 99 years.

Vladivostok is to remain Russian or to revert to Chioa.

Korea is protectorate.

to be free with a Japanese

The Russian fleet in Vladivostok will be the property of the Japanese. All Russian sol iers now in Manchuria and all prisoners held by the Japanese are to be free to return to Russia.

made Tanjong Pagar's-present prospenty pos- sible. The old Cape route to China via Sunda Straits would never have done anything like that for Singapore, or any concern connected therewith. The Company's energy has done samething, bat the force of circumstances has done more. The Company has had prosperity thrust upon it. Things might have drifted on, and interests continued to be sundered, had not the London Advisory Committee's usurpa. tion of control over mere local mercantile delegates awakened the public mind to the realities of the situation, namely that T. P. D. Russia, it is said, will persist in refusing a

that is to say, the commercial life of Singa financial indemnity. This is just what Japan pore, was to be ran by an entirely irresponsible wants and must have. She will not be con tent to stop when her star is so high in the body of gentlemen in London, to whom "Sin- ascendancy and when so many hundred of Kapore" was convertible with share value and millions have been spent by her, half dividends and good fat investment. There is no moral wrong in the situation. Like Topsy, billion dollars would in spart rehabilitate ber

it has "growed of itself? But the conveni finances, and Japan argues that she would be worse than foolish to give Russia the advant ence of the old days of control in Singapore has ages of peace at a time when Russian domes-insensibly turned to the inconvenince, even tic affairs make it imperative, and also should er her money loss.

Russia, il several of her most distinguished officials may be believed, is determined even- tually to win back the prestige lost in this war. Japan knows this and will not give up its pro- secu:ion.

Russia is starting out to build a new navy but it will be several years before even its begin ping is seen. Meanwhile japan has the abso- lute control of the sea, and Russia appreciates that this control actually mean the upper hand in the Far East.

Even if Kuropatkin was reinforced to heavi. ly as to be able to drive back the Japanese to Port Arthur, that fortress could hold out for years unless isolated by 802. But with ships bringing men and supplies from Japan there would be no possibility for Russia's recaptar

ing it.

The people of Russia are demanding peace. Many of the subsidized and brow-beaten news- paper pretend to believe otherwise, but the sentiment for the ending of the war is over. whelming. if peace does not come speedily, revolution will end the present rule in Russia.

TANJONG PAGAR DOCK BILL.

FORESHADOWING AMENDMENTI

danger, of what is now practically a foreign control in London many thousand miles away. No mind with any pretence to a right com. prehension of the problems of administration of of statesmanship, would assent to a divorce of control from responsibility, which should be localised exactly where the opera tions to be controlled are localised. That a board of highly estimable gentlemen in Fen- church Street in London should pull all the strings of Singapore shipping, docking, and

would be for

wharves is about as proper as the Government of New Zealand to run the af fairs of the London County Council, Orto take a more familiar case, it is much on a par with. the construction of Singapore railway as run by the Crown Agents. In the above, of course, there is no reference to the topic of compen sation on expropriation, which will be settled on proper lines, but merely to the anachronism of a distant irresponsible control of the great vital shipping interests of this port, the very, pivot of its existence.-S. F. Press.

COUNSEL IN COUNCIL.

At the Singapore Legislative Council on the 17th inst., the all-important order of the day was the committee stage of the Tanjong Pagar Dock Bill, for which permission had been ob tained for Counsel to address Council.

Accordingly Mr. H. Font and Mr. E. C. Ellis were in attendance in gown and bred. The At the meeting of the Singapore Legislative arrangement of the Council table has been Council on the ith elt, Mr. Shelford, at the altered, being now arranged in the form of the conclusion of the ordinary business, said he horse shoe, for which the Press are duly grate wanted to take that opportunity of asking His ful, as the reporters have now a fair chance to Estellency whether he could consider the post-hear what is going on, and the appearance of ponement for another week of the Tanjong the Council Chamber, with His Excellency Pagar Dock Bill in the Committee stage. The seated beneath the Royal Arms and the clock, reason of his request was that they were not decidedly gains dignity. SPANISH BAILORS IN TROUBLE. Another case, exactly similar to the frst, really ready. The Company had had out from its tegal advisers at home a series of amead except that it was a crew mostly composed

ments and also the provisions of the Water of Spaniards instead of Russian Finne, that was concerned in the matter came Companies Acts and on the previous day he

had bean informed by one of their legal ad before Captain Barnes Lawrence today. Cap.

visers here that he had hardly time in which to tain Olaf Johannesen, master of the steam.

do the thing thoroughly and place it before the ship Knarven, charged 16 of his crew with

Company. Further it appeared to him that the impeding the voyage by refusing to work.

amendments that they proposed should be in The Knarvin it bound from Cardiff with a cargo of coal, and the men signed on to go to the hands of the Council some little time he

Hongkong or farther." They now alleged fore the Bill came up so that they might be that they had signed on is go to Hongkong considered and members might learn the true and they wished to be discharged. They abso-mate of matters. It was possible also that the Intely refused to go to Japan; except under Government might be suggesting amendments, a new contract. When asked whether they and he ventured to think its amendments. should be in the hands of the Council for at preferred to return to their ship rather than go to prison, they unanimously expressed their any rate a week before the Bilt came up for arship sentenced consideration in Committee. There was no desire to go to prison, is

desire on the part of the Company to delay or them to two months' imprisonment each.

In moving the Bill into Committee the At torney General said it had been a great advant- age to the Government to have the amend ments drafted for the Co. as they would save time and prevent much controversy. They were practically agreed on many of the points touch ed by the amendments. For instance, the pre- amble said properly and assets, but they were both agreed that "undertaking included these and the implied liability also. The Govern ment were quite prepared to accept many of the amendments, which seemed reasonable and also attained the object which they both de- sired.

The Attorney General then proceeded to discuss the Company's amendments, when Mr. Napier pointed out that the Council had not got them. But even as he spoke they were placed in his bands.

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The Government pointed out that that was a case of agreement between parties which really only came to the Council to be formally

recorded.

Mr. Fort contended that the Co. ought at least to get the 15 percent, on all its land.

The fovernment, said it was not possible to separate the value of the lands from the value of the property. They were taking it over as a running concern and it was impossible to differentiate between, say, the land on which the machine shops stand and the machine shops themselves.

Mr. Fort contended that the Government here had formally accepted the principle that the person from whom land was compulsorily acquired should receive fifteen per cent com pensation and there was no reason for with holding it in this case.

The Governor painted out that one of Mr. Fort's amendments asked for fifteen per cent and the cost of reinvestment,

Then ensued a pretty passage of arms in which the Counsel said they did not ask for both-but they would not be averse to taking both. But the question of the fifteen per cent was far more important than the cost of rein vestment

After various other amendments explaining

the scope bf, and laying stress on the necessity of compensking the employees of the Co. who might be the Directors who might be, and the London Consulting Committee who would be, dispossessed, all of whom would lose present advantages. Mr. Fost concluded after exactly two hours' speaking by touching upon the provision of money to enable the Co. to complete

its business.

The Governor said the Council was much indebted to Mr. Fort for the able and lucid manner in which he had laid the various points before Council and asked Mr. Ellis if he had anything to say.

Mr. Ellis thought he had nothing to add on which the Council, which had then been

sitting two hours and twenty mir utes, looked

relieved.

stage.

The Bill was then taken in the Committee

Sections to 12 were allowed to stand over and the conflict of debate arose again about that principle of

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On the important question of a Court of Appeal a good deal is said, but it hardly seems likely that old Shanghai hands will welcome the suggestion without very careful pre-arrangement of rules for procedure, &c., &c. since they are told that "The composition of the Court of Appeal has been modeled on the lines of the Mixed Court in Shanghai." We know that Court. The following are some of the proposed rules in the event of any infringa. ment of the regulations :---

1. If the offender be a foreigner, the Re- gistrar shall move the offenders Consulte deal

with the case according to the Treaties.

is stated that the observance of such a rule "under the present scale of fees would cost many of the older firms in Shanghai from Tis 10,005 to T, 20,000] "Something more reasonable and less burdensome" is evidently needed, since as the Chairman remarks "it Government, when making the treaty, that the was evidently not the intention of the British merchants should be in a worse position than they were before."

is

We repeat our opinion of this pamphlet. It most useful little compilation at this juncture and the thanks of the com manity are due to the Deutsche Vereingung for publishing it.-Shanghai Mercury,

The Governor said it was perfectly clear that

2. If the offender be a Chinese and the the Bill was for taking over the undertaking as injured party a foreigner, the Registrar shall a going concern in the position it is now in and

communicate with the Consul concerned and if Government were going to take it over on the Chinese Authorities in order that a joint that basis, it was clear that there would be a investigation may take place. payment for good will. On that point be boped

3. If both the offender and the injured party Mr. Napier would be satisfied that what he had be Chinese the Court having jurisdiction will styled good-will would be amply provided for afford all necessary protection

and no doubt would be fully claimed by the

A re-adjustment in the scale of fear is re Company. The position was very different quired, especially if the "alternatives of re- from that in the ordinary case of the acquisigistering old marks," referred to in the letter of tion of land for public purposes. Here the the Chamber of Commerce be held to, for there shareholder has hold of a particular investment which brings in a certain income and has done so for many years, Government is now in the public interest asking them to give up that in vestment: "We will buy it up at its full value and provide you with whatever it costs to find acquisition of land but a compulsory change of another investment." It is not a compulsory

investment. He spoke from the point of view of the shareholders.and that was the only mo- ral question of right as to these lands. It was only individual shareholders that could com plain. When the transaction was completed the Co. would cease to exist. In the ordinary case of acquisition of land the owner did not | cease to exist. Here the Government went to the individual shareholder and said; If we compel you to give up your investment we give you full value for it and provide the cost of finding another. In other words, we put you exactly in the position you are now in: we do this in the public interest. It did not seem to him that there could be a claim to anything more. The offering of an extra sum for compulsory acquirement is not a local custom but a statutory right, and we are not bound by precedent, but if we were, as the At torney General has pointed out, the precedents are all in our favour, where the Co. has been bought up and ceases: 1) exist. They, had to buy out the sharehollers as regards their position. There was no question such as that arising when you turn a man out of his proper ty, his house which he fancies, or which his family: have held for generations. Then ten or twenty or forty per cent might not satisfy him. There may be indefinite consequences as regards a man's business or his convenience or family circumstances which would come in, which do not come in a case like this. We are buying out a Co. and that Co. ceases to exist That is the ground on which we say Section 13 provides for all the requirements of justice, justice to the shareholders and justice to the Government and the public. (Applause.)

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The question was then put and Dr. Galloway, Masare, Shelford and Waddell voted in favour of the amendment. The remainder of the Council voted against it, and it was lost by eight votes to three.

Progress was then reported, but Mr. Napier asked, as it was not likely he would be at the next meeting, to be allowed to mention cer tain points. He touched on the uncertainty in the Bill as to who the propery would be vested in, the Government or the new Board Also as to section 12, the power of appeal, not favouring a stated care to one judge, but the Court of Appeal the arbitrators having been asked to give alternative awards. Mr. Napier also mentioned the desirability of making it

board incurred no personal liability. perfectly clear that the directors of the new

3

Council then adjourned.-S. F. Press.

TRADE MARKS: A MOST USEFUL PAMPHLET

We have before us the English version of the proposals of the Deutsche Vereinigung, most useful pamphlet on the vexed question of the registration of Trade Marks in China. Even those most conversant with the subject will be glad to have all that has been said or proposed respecting it thus brought together into convenient shape, while the great majority who, though interested, have been unable to keep run of the many regulations, suggestion and counter suggestions that have been made will now for the first time have a comprehen sive view of the whole question, and be in a position to discuss it intelligently.

AN IMPROBABLE STORY.

The Shanghai Mercury prints the following improbable story frons its vernacular contem- porary, the Eastern Timer-It is learned that, the Governor of Hongkong sent a telegram to the U.5. Consul-General of this port, the other day, to the general effect that in view of Great Britain having the largest share of commerce at this port, it would be greatly impeded by the late arrival of so many Russians, who bave occasionally created disturbances The Gover- nor therefore pointed out that the Russian Consul-General of this port should be appro- ached, to send the Russians back home at an early date. At the same time the Russian consul at Kiaochow should be informed by wire that hereafter Russians en route may he shipped home direct from Kiaochow, instead of from this port. The Municipal Council wjil shortly deal with the subject.

As already reported, Chang Su Ho's garden has been leased to the Russian Government

for the accommodation of the Russians from Port Arthur during their temporary stay here and temporary quarters are being set up Owing, however, to the telegram from the Hongkong Governor, all building work in this "direction has been suspended until definite results have been arrived at by the Municipal Council.

THE LATE MR. R. D. SASSOON,

The announcement of the late Reuben Sae soon's death, which we made some weeks ago, was received amongst all those who knew him in Bombay with the profoundest sorrow, The following obituary notice above the initials,

C.B.," appears in a Bombay journal --

several

Mr. Reuben was the fourth son of the late David Sassoon, the eminent Oriental philan 1833 he married Kate, daughter of the late David Ezekiel, by whom he had one son and thropist. He was born in the year 1834. In

five daughters. He was a partner in the firm of David Sassoon and Co. and took a very active part in the business for a number of years in Bombay, Hongkong and latterly in London until his health could not permit him to do so any longer. He was a man of great FIFTEEN PER CENT COMPENSATION.

ability, and great linguistic attainments. For Mr Shelford moved the required nimendment

the last forty years he resided in London to give the filleen per cent. ile had very little

and enjoyed great popularity to the highest to add to what Mr. Fort had said as regards the section, but he would like to point out that

society. He was a particular friend of hig Majesty the King for many years, and not so very long ago the Government were

has entertained his Majesty on wanting to buy the Co.'s land for a railway and

occasions in his mansion, No. 1 Belgrave were willing to pay the 15 per cent for com.

Square: Though of lato years he was not in palery acquisition. There was no reason why

the enjoyment of robust health, yet he was ru they should not pay that now, Then the Co.

markably active, Revered by his family, loved had propeny in Collyer Quay and elsewhere

by his friends and esteemed by the aristocracy on which buildings had been erected and which

of London, Mr. Reuben Sassoon has passed returned a certain rest to the Co. For these

away, and his loss will be keenly felt, especially lands it was surely only just that the provisions

among his own community, of which he was of the ordinance of 1893 should hold. There

one of the most prominent heads. Mr. Sassoon was the land in Neil-rd, which the Co., not

The pamphlet is divided into seven sections went to England with the olive branch in his or chapters. Provisional Regulations, band, be engrafted the cedar with the oak i but long ago had valued for the purpose of raising of the Co, and which he presumed the Govern connection with registration, IV. Classification his fathers Abraham, Issac and Jacob, from money, and was not required for the purpose

Transitional Provisions, III. Detalled Rules in for spiritual elevation he clung to the creed of ment would eventually haye to sell. That he of goods, V. Correspondence between Sir whose venerated nobility he derived the shadow Ernest Satow and Prince Ching, Vi. Letter of of his own. Mr. Sassoon was in the highest took it ought to have the fifteen per cent put on. There was also land in Tanglin with the Shanghai General Chamber of Commerce to sease of the term a representative man of his house on it. These lands had no connection

Sir Ernest Satow of Sep. 30th, 1904. VII. Re.

race. There were few men who possessed his · with what His Excellency had called the

solutions passed by the Chica Association or friendship and did not prize it. He was a man "undertaking."

Jan. 19th, 1995.

of very modest mies, and at all times he seem, Mr. Waddell seconded the amendment. A convenient arrangement places the Froed more anxious to avoid than to attract at The Attorney General said there was a great visional Regulations on one page and the tention. difference between an ordinary purchase of proposals for their amendment on the other. But there was, nevertheless, an air of dignity land for public purposes and the transaction Why the seas of the Bureau of Registration and nobility about him which would have they were now discussing. In England it was should be at Shanghai and not elsewhere is claimed attention amongst a strange multitude. customary to give an amount of compensation first pointed out. Here, it would be "in the The shell was worthy of the soul it contained, for compulsory acquisition, but that was for commercial metropolis of the Empire," and its and, in the words of Hamlet, I may simply some injury which could not be fairly well de business would be much facilitated by the por observe, that food. But they found that in all those cases sibility of personal intercourse. Applications there was a personal interest concerned which from outports would be forwarded through the Customs. Prior to registration it is suggested was absent here. The shareholders had no personal advantage out of their land, they that every mark should be published for six neither lived on it, nor cultivated it, did not lay months in the Trade Marks Gazette, a customi down on it, and no one could lay claim to any in accordance with English usage, and provid, particular part as who should say this particulared for in Sir Robert Hart's proposals. quay, or thin pile, or this place of coal wharf le Five grounds are enggested for the refusal

to regliter mine,*

He was a man taken bim for all in all, We shall not look upon his like again, The remembrance of the late Mr. Sassoon as far back as the eightles stimulates in me. the desire to represent him as fitingly as lis in my power and moves me to record at this time the affection with which I regard - big ¦ name and bold it in rayerança.

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