1906-03-14 — Page 4

Intimations.

A. S. WATSON & CO.,

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TO

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HYGIENOL

(REGISTERED).

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THE HONGKONG TELEGRAPH WEDNESDAY, MARCH 14, 1906.

NOTIOKS

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SUBSCRIPTION BATES (IN ADVANCE). DAILY—$30 per annum. " WEEKLY 18 per annan.

The dally imun is delivered froo when the sildrow in accesible to ansangar. On capas sent by post, an additional $1.80 per quarter is charged for postage. The postage nu thu weekly issue to say part of the

world is 30 confa per quintter. Single Coplo Daily, ten couts: Weekly, twenty›

Give cente.

Che

The great drydock Dewey, now on it way to the Philippines, has reached the Canary Islands, its first destination after leaving the United States. The dock suffered sentewhat from the soas encountered crossing the Atlantic and is now undergoing repairs -The Canary Islands lie some distance off the coast of Morocco and are alprost 1,000 miles southwest of the Straits of Gibraltar,

THE PEAK TRAMWAYS,

IT MUST BE clear to ANYBODY NOT BEHIND THE SCENES,"

In Original Jurisdiction this morning, be fare His Hadout Sir Francis Piggott, Chief Justice, the case of D. E. Brown et al against the Hongkong High-Level Tramways Co., Ld, and. Measts. J. D. Humphreys and Son, was continued.

|

had been practically told to "shut up." Hera there was no prior agreement entered into with. the now company. If their authority there- for was defective the resolutions must go. If a man acting as another's agent does anything illegal-that is without the authority of his principal, what he does cannot be uphold-it must go. That applies here, for plaintiff bad protested against the course of the action adopted by the promoters, and his protest had been disregarded; and it was certain that the action of the liquidators was ultra vires, be cause by these resolutions, which purported to give authority to the Jiquidators to sell the pro. party to a new company; the power was un- limited, but it was against the statule which provides that no sale shall také On taking his seat His Honour said there place without the consent of the Governor was one point he wanted to refer to and that } in Council, but that consent was never

The Hon. Mr. H. E. Pollock, K.C., instructed by Mr. John Hastings, appeared for the plain tiffs, and Mr. E. H. Sharp, K.C, and Mr. M. W. Slade, instructed by Mr. J. II. ¡larslon, of Messrs. Ewens, Harsion and Harding, appear ed for the defendants,

was that, in the case of A. Tee against Bishop

Jongkong Telegraph seeing that the Military Governors of Heilung that the resolutions remained in force, but

HONGKONG, WEDNESDAY, MARCH 14, 1966.

MISSIONARIES IN CHINA.

IN Summary Jurisdiction,.this afternoon His Honour Mr. A. G. Wise, Puisne judge, presid- ing the Chun Wo Lea firm sued Chan Tin Wo for the recovery of the sum of $33,20, being the The ratos per quartor sud por ammumeon, proportional, amount of wages overdrawn by defendant while in the employ of the plaintiff firm as accountant, Defendant brought a counter-suit for recovery of $55.40 being balance of wages alleged to be due by the firm to Chan Tin Wo. Both casca were ordered to be set down in Friday's lint.

it was held that the resolution of re-construc- H.E. Hu Werte, Chinese Minister to Russia,lion falling through, the other resolutions would has sent the following telegram to the Wai-be carried with it, and fall through. Mr. Sharp wupu:-"The Russian Government considers, said that the effect of the injunction was

kiang and I are enthusiastically reforming they must not be acted upon; they must their administrations and drilling troops, that stand paralysed until that injunction was China has some designs on her borders, inimi- removed and the resolutions affirmed valid. cal to Russin's interests, and has ordered the Mr. Pollack said that nobody intended that the Russian authorities in Heilung kiang and Tur company should be wound up, der se; it was kestan to watch the attitude of China and safe-only sought to wind it up for the purpose of

reconstruction. The definition of "re-cop The alleged existence of anti-foreign feetguard the influence of Russia." ing in China has been so much to the fore By kind permission of Lt-Col. Aitkin and struction" was where a company resolves to recently and missionaries have been brought Officers, the Band of the 1rgh Infantry will wind, itaclf up, to construct a new company with the old shareholders remaining to carry in to associate with the cause of the exist-play the following programme of music at the

on the business of the old, company by ence of the supposed Chinese hostility King Edward Hotel, during dinner, on Thurs

the new company, the old company ceasing against foreigners, that the views of a repre- day, the 15th March, weather permitting:--

to exist in point of law. The compulsory sentative Chinaman on the question will be

sa'e of shares was not a re-construction. His perused with some interest. Licut. Generál

learned friend's arguments amounted to this Yintschang, China's diploniatic representa-

that the rights of the minority of the share holders could be over-ridden by a majority Live at the Germap Court, has been explain-

under sections 201 and 232 of the Ordinance ing to the Tageblatt the causes of the

Counsel said his learned friend, Mr. Slade, bad | nationalist movement among the Chinese. It is stated that the organisation of the japan- cited two cases yesterday, but as against them Referring to its anti-foreigner phase, the

ese shipping combine under the auspices of it would not be accurate to say that such a Chinese Minister said: "I hold the mission the Shipowners League is in king fair pra sale as contemplated 'was made invalid with aries cuielly responsible for the nostile Kress. About huet are already agreed to join, managers, or the persons mcutioned in the ar- half of the shipowners belong-out the operation of section 161: The general feelings aroused in the Chinese against and the aggregate tonnage of their steamers foreigners. Can we do otherwise than re-(nos admitting any vessel of less than 2,000 sent the action of the missionary who comes tons) amounts to about 130,000. There are and wishes to convert us in a friendly man-

favourable indications of a further increase in -ner or by force to his religion, regardless of the number of those who will support the plan. A meeting of the organisers was to be held in our own feelings? Our cult of ancestors

Tokiu about the toth March.

:

and the teachings of Confucius, which we have practised for thousands of years, are dea and sacred to us. Give us something better and higher, and we will both learn to understand it and accept it. A. S. WATSON & CO., People, however, who bring it to us must act up to it themselves. Protestant and Catholic missionaries must not squabble with each other and compete for the capture of souls. How absurd the whole missionary system is. Surely there is so much to do in Europe that Europeans need not waste their sacred seal on 'inferior Chinese. The

LIMITED,

ALEXANDRA BUILDINGS.

Hougkong, 3rd March, 1956.

$16.00

'WILL BUY A CASE

134

CRECOR & CO.'S

IMPERIAL

HIGHLAND

WHISKY.

NOT ONE OF THE BEST,

THE

BUT.

BEST!

GREGOR & Co.,

19, QUEEN'S ROAD CENTRAL

.Herald Coole ∙Kellier Godfrey

March............." Long Live the King".............Humne » Overture..............." Zarupa".. Walti............"The Humming Bird' Sefection..... Reminiscences of Lawrence

Song

Pansy Faces" Piezoin Sulà ................” Golden Sparks '..

God Save the King.

W. H. Pen ................. Brewer

14.

WE publish this morning the prospectus of what promises to be a very successful public company which it is proposed to establish in Shanghai. Its objects is the production of oil, for which there is an unlimited demand, from cotton seed, bean, etc. It will have an ample capital, and already a number of influential men have subscribed for shares.. Equipped with the most modern automatic machinery, the proposed factory has most favourable pro spects. The list of applications for shares closes on the 7th of April next.-N. C. D. News, MA. . N. H. Jones, of the Public Works Department, gave a Quarry Bay ricksha coolie

obtained therefore all the proceedings, the

whole negotiations for sale, were ultra vires. According to the contention of the defendants, if judgment were given in their favour, the old company would be wound up. This would

create na impossible position; for the company could only go on in liquidation, it could not transfer the rights to a new company, as the Governor in Counsel withheld the necessary

consent. Assuming that the Bill for the new

company passed a third reading, the carrying out of the terms would be a fraud on the old company.

+

His Honour: Is there anything said in, the chairman's speech about the consent of the Governor in Council?

Mr. Polinck: I cannot find any reference, no doubt the thing was rushed through in a loose manner.

Mr. Sharp: It is referred to in the corres- pondence.

Mr. Pollock, continuing, said that the whole idea was that no opposition would prevent the Bill from becoming law, and the scheme was to run the two undertak. | ings under one company, the shareholders in the uld company being expected to either sell. their shares at $ico each, or take His point was that they wanted an absolute their equivalent in shares of the new company,

ticles, as having the powers of selling, badnjunction to stop the whole thing, not only an powers which were not solely those of the liqui- injunction pending the consent of the Governor dators. He submitted that the defendants can in Council. They went past the consent-they not succeed under these circumstances. It wanted to put a stop to the whole scheme. had been argued that there was no power, to

The notice was illegal and the resolutions be ing carried out under that notice made them ultra adres. If an injunction is granted that will mean that everybody's shares will revert to them, and there will be no question of arbitra- tion to argue about.

seli.

Mr. Sharp: No, we did not say in effect that there was no power-

Mr. Pollock, continuing, said that what was done by the manager under the memo-, randum of association, was authorised by the articles. Under an arrangement which would give the shareholders the option of acquiring shares in the new company, they could only act under section 201. Counsel quoted ceriņin authorities in support of his ar gument. Coming to the question of notice the view taken was that full information must be given, and not omit what anybody with ordig. any intelligence, might ascertain for themselves. must be made clear to anybody not behind the scenes, and only so could it be a sufficient

missionaries insist upon importuning Chinese in charge yesterday afternoon, on the Shau-ki.notice. There have been various

A

in

Un

incon-

is learned friend, Mr. Sharp, had argued that sistencies argued as regards section 201, and section 201 did not apply; but we would show that section zor did apply,

Mr Pollark then read extracts of the letters

Mr. Sharp said that the letter of Mess12.

"

His Doqour: But if the consent of the Governor is obtained then the question of arbitration must come up for argument?

Mr. Pollock: But even then that would not make the resolutions otherwise than

prior to the passing bf such resolutions. Sup- ultra vires, as that consent must be obtained

pase the consent of the Governor in Council was absolutely refused, what would be the position?

.

His Honour: Then you don't think the con- sent of the Governor in Council would remove

the kitna vires t

TELEGRAM

* HONGKONG TELEGRAPH

SERVICE,

JOURNALISTS' MYŠIE. RIOUS DISAPPEARANCE

FROM HARBIN.

SUPPRESSION OF THE NOVI KRAI"

(From Our Oton Correspondcyt.]

Shanghai, 14th Mareli, 12.15 p.m.

The mysterious disappearance from Harbin is reported of the Russian journalists, Automiell, Veroshikin, and Tchernikofsky.

For no ostensible reason the pub- lication of their newspaper, the Novi Krai, formerly published at Port Arthur, has been stopped,

It is supposed that the journal has been forcibly suppressed and the ar- rest of the responsible individuals connected with it summarily enforced.

THE HONGKONG ROPE MANU-,

BACTURING CO., LTD.

The

The twenty-second ordinary annual meeting of shareholders in the Hongkong Roje Manu- facturing Company was held in the Company's offices, St. George's Building, this forenoon, Among those present were:-lion, Mr. R. Shewan (in the chair), Messrs. D. E. Brown, II. P. White, 1 ung Wa Chun, J. R. Michael, and R. Hancock (secretary).

The Secretary read the notice convening the meeting.

Chairman said-Gentlemen-As usual, we will, if you have.no objection, take the report and accounts, which were issued on the 28th February, as read. We have a very lean year to chronicle. Busi ness in rope throughout 195, was bad, and with nothing speciul in our favour. We had a great many disturbing factors to contend against, it is true the total turn-over was little short of that of the previous year, but the average, price, obtained for rope was lower, while the cost of hemp was as high as ever. Owing to the general depression in shipping and also to the reduction of the fleet, on this station, our local-

sales show a severe falling off, and although we sold more in the North, doubtless on ac- count of war, we had to compete there with adulterated japanese rope, and to accept very poor prices. Then, too, the high rates of ex- change ruling gave us smaller returns in

is Hohnur: What would it be? Mr. Pollock: It is impossible to say; it silver from sales made in gold-using, coun would be an impossible position.

tries. Lastly, the price of coal was, as you all know, unusually high. Naturally, therefora. our profits are less, and we' recommend, instead of our usual dividend of Sto per share a dividend of $9 per share, which is equal to 18%-a good dividend still, seeing that depreciation has been well provided for. We propose also putting the nominal sum of $1,000 to the reserve fund, as by the articles

,

Ewens, Harston and Harding, of the 6th Sep-arbitration, as it will necessitate the submission of 'association we cannot declare a dividend to arbitration of the price to be paid to the until we liave placed something to reserve. tight of the plaintiff to arbitration, but offered dissentients for their shares. All that the GovThis will tenve $5,813.29 to be carried forward,

tember, offering arbitration, did not admit the

it there as it grace.

Mr. Pollock said it could scarcely be called an offer,

Mr. Sharp said the phrasing of the letter was somewhat conflicting, but what it was intended to convey was an offer of arbitration as a grace, while denying the right to it.

Mr. Pollock said that the letter was scarcely an offer.

ernment have said so far is, that they are not

As regards the accounts i have only one thing prepared to consent to Mr. Findlay Smith's scheme as it stands. But the question of arbi-taken for the dividend amounting to $3,049.00 to point out, and that is, that no credit has been tration cannot be gone into until it be known whether the consent of the Governor in COLD-

peasants, who cling to the faith of their

wan Road for failing to complete a journey fathers, and sow dissension among the Mr. Jones engaged the ricksha to go and in population until one day some hot-blooded specs some work at the Metropole Hotel. Near- persons use violence to the missionaries.ing his destination he got out of the vesicle and

Mr, Pollock: No, my Lord, certainly not Then the latter's Goverment is appealed to the drawer to failow. The coolie asked passed between the solicitors for both sides how could it? in case of the consent of the

for cumsha. Mr. Jones told him to follow, as

Governor in Council being given," it will have to, and the Chinese Government is com- his services were still required. The coolic preliminary to those proceedings.

a most important bearing on the question of pelled to punish its provoked subjects. instead of waiting turned round to come tack feeling of intense bitterness is thus created to the city. On his way back Mr. Jones met in the county, which finally finds vent the coolie and charged him. He was let out de hostility to all foreigners." Speaking fur bait in the sum of $10, and as the conție did ther on the general situation, Lieut-General

not appear in Count this morning Mr. F. A. Hazeland ordered the bail to be estreated. Vintschang expressed the opinion that the Chinesc dragon, which has slept so long, BEFORE His Honour Mr. Justice Wise, sit- has been tickled by the foreigners until he ing in Summary Jurisdiction, the Kwong Wo firm, vegetable dealer, sued has woke up. He is still in a drowsy state,

Lam Fat, ading as and vexed at being disturbed strikes out also vegetable dealer, for recovery of the Kwong Yik Ching, with his claws and moves his vast body. sum of $493449 being money advanced to "He will not be got to sleep again," said the defendant by the plaintiff, while the de the diplomat. "Europeans ought to have fendant was in the employ of the plaintiff, let him sleep, and continued to enrich Mr. Otto Kong Sing appeared for the plaintiff, themselves on the treasures he watches over

and Mr. d'Almada e Castro represented the

in his caves.

Now they must accept the defendant. The plaintiff produced his books

in support of his claim, when, in cross-examina situation they have themselves prepared."

tion, Mr. d'Almada e Castro called in question the manner in which the books were kept and stated that the books appeared to have been prepared for this case.-His Honour said bad stated they were correct four or five times, there was little doubt about that as the plaintiff

and denied that they were so nine or ten times In the result His Honour said the plaintiff had lied so promiscuously that it was impossible to believe that he had any intention of telling a straight story, and he gave judgment for defen- dant with costs..

LOCAL AND GENERAL.

AT the City Hall last night the Band of the Fürst Bismarck gave a successful concert in the presence of a fair audience,

**THE report of the first annual meeting of the Hongkong Volunteer Reserve Association together with the report of the Philippine Coi, Ld., for 1995 are printed on page 7.

THE report of the Weihriwei Land and Bujid ing Co, Ed. for 1955, shows a credit balance

It is with keen regret that we (Singapore. Free Press, 7th inst.) have to record to death at St. John's Island, quarantine station, of Mr. J. a.

Mr. Sharp said that he did not think that would effect the case,

Mr. Pollock, continuing, referred to further correspondence, between Wilkinson and Grist

of association held towards this case, and he

cil is to be obtained, nor until the shape. the Bill will ultimately take, is known. If the new company only work the Te up to the Queen's Gardens, the present line. will remain as profitable as ever-but it is nat within reason that the promoters would take the line up to the Peak and have a terminus side by side with the old one. It would be

should run two such concerns. He might think that competition should be encouraged,

due from our investiment in China Provident shares, as it was not paid till 906, and it

will therefore appens in this current year's

account.

I mention this because our not taking credit for this item till it is actually, paid causes this year's profit and loss to appear some $3,030 worse than it really is as compared with 1904 when credit was taken for a similar dividend. As to the future, we have begun this year very well, and it is u satisfactory feature that, if our local sales have fallen off, our sales elsewhere have increased; but I fear that as long as Manila hemp keeps at its present high level of price and poor level

provement on former years, especially while shipping continues so dull. Before I move the adoption of the report I will be glad to answer any questions from shareholders.

to Ewens, Harston and Harding. As regarded absurd for the company to wind up the com- the letter of 29th October, 1955, it was pertinen;pany until the consent of the Governor is to ask what position article 10g of the articles obtained, when it may not be obtained, The Governor has to consider whether it is, to the would submit that that article had nothing to advantage of the Colony to assent to the new do with a case of this kind. It was a clause scheme. The Governor may consider that it is of quality, we cannot expect any marked im- drafted with reference to the company as a undesirable that any combine or company questions of the rights of the dissentients, or going concem, and had no reference to any of the liquidators. The notice sent out contem- plated one of two things-either for the share- holder to take $200 for his share, or take the equivalent in shares in the new company. How could a shareholder decide for himself on such premises whether he could accept the $200 or take, in the alternative, the shares in the new company, when it was but a new company, and they knew nothing about the cost of construction, the length of time for such

in profit and loss account of Tls. 1,254, of Williams,, who has for some time been in the which no disposition is suggested. The profit employ of the Trading Company, Mr. Wil. construction, the time when the new com- on working account was Tls, 3,448, the differ.liams recently went on a vait with Mr. Craw.pany was likely to start operations; but ence having been written off furniture and ford to Hongkong, including atripto Macao, and none of this information was given them, building accounts.

unhappily neglected the precaution that gentle and so Mr. Brown and the other dissentients man took a precaution which was urged on took up a third position and dissented from YESTERDAY afternoon, on the Naval Football him also, of being vaccinated. Not long after either of the two alternatives offered, as well ground, a match was played between the Gun- his return from the visit; small-pox of the most as to the whole scheme. Counsel submitted room Officers of 11.M.S. Androwțrda and à virulent type declared itself and he was at once that the notice was entirely insufficient, and no leam from H.M.S. Waterwitch. During the removed to St. John's. The utmost attention information was offered. Neither Mr. Brown earlier stages of the game the match was well was given to his case but it was found impossi-nor, any other business man, for that matter, contested, the score being wil at half-time. In ble in effect a care and he died yesterday, who went into the question could have taken the second half the officers succeeded in scor- During the course of his illnes, his chief, Mr. any other couran ing their first goal, but the Waterwitch failed | Macártbur, did his utmost and paid daily vitits to equalise, notwithstanding their several with the doctor to St. John's. The case is all attacks,

the more sad as we understand Mr. Williams was helping to support, as her sole. son, his mother in Perit, West Australia. He was keen both in his work and recreations, and gave great promise of a more than ordinarily success ful career.

t

If the other line is not taken up to the Peak, alongside the other, the present line, as Mr. Brown pul it, should remain 'as profitable as ever and as flourishing and that the shares would be worth $325, Mr. Pollock submitted that the only order kis Lordship could make was an injunction against the defendants as

prayed, declaring the resolutions null and void as being utra vires,

Mr. Pollock having completed, his, ad- dress. Mr. Sharp said that his Lordship had asked a question yesterday which he was then unable to answer, but he was The number of share- able to answer now. bolders present at the first meeting was`51, holding the 1,250 shares. Then, as regards the meaning to be placed no his use of the word "re-construction" he would put it this way, that here was a scheme for the selling of the old company, to be run by a new com pany, at the price of $250,000, or $250 per share, the interests of the old to be merged in the new company, or an amalgamation of the two companies.

Mr. Pollack said it was rather late to bring up these points.

No questions being asked, The Chairman moved the adoption of the

seconded.-Carried unanimously. report and accounts. Mr. J. R. Michael

Ou the motion of Mr. T. Arnold, seconded: by Mr. Fung Wa Chuo, Messrs. A. J. Raymond, D. E. Brawn, H. P. White and Dr. J. W. Noble were re-elected to the consulting committee.

Mr. H. 1. White proposed that Mesars. T. Arnold and W. H. Potta be re-elected auditors. Mr. D. E. Brown seconded.-Agreed. gentlemen. I thank you for your attendance. The Chairman-That is all the business, Dividend warrants can be had an application.

SHIPPING AND MAILS.

MAILS DUE. Indian (Gregory Afcar) 17th inst. American (China) 18th inst. 4 p.m. French (Armand Behic) 20th inst. Indias (Latrang) zand inst.

'The as. Shimora sailed from New York 'on'

tóth January.

The Ben Line s.s. Henlowers, from Antwerp and London, left Singaporo yesterday, for this port.

The P. & A. ss. Nicomedia left Moji on 13th inst, and is expected 10 arrive in Hongkong on 18th inst.

The East Asiatic Co.'s s.s. Norge Left Singa- pore on Monday afternoon, and may be expect.

ed here on 18th inst.

His Honour intimated that he need not hear Counsel on the question of injunction. Mri Pollock then turned to the question of 'rights of managers, The plaintiff at A SAN Francisco despatch, of 9th inst., to the

tended at the meetjog and voted against Manila Times, Bays:-Sensational disclosures

the resolution, and dissented from the have been made in the port by the discovery of

scheme; he and the other dissentients found arms being shipped aboard mail steamers

His thoroughness in work be. they could not come to terms-they would not bound for Chios. Attention was called to carried into his volunteering, being one of the bearof Szooper share-they wanted $350. But several suspiciously heavy pieces of freight most thorough and enthusiastic of the Volun- that notwithstanding, all sorts of plaos and or and investigation showed them to have rifles Leer Artillery Bergeants. By his quiet unas- | rangements were hustled through and plaintiff carefully concealed. Examination of thecargoes suming manner and sound qualities, he and the other dissentients gave formal notice of endeared himself to all who met liim, and the of other vessels bound for China show that Juniors of Singapore, amongst whom he hum. their intention to contest the validity, of the the register of shareholders was kept in the here on 18th inst, at 4 h.m. such smuggling of arms is systematic and bered very many friends, will learn with deep proceedings, and the reply they got was that

regret of his sad death,

nothing could be done as the new company

Hongkong, 15th June, 1905.

[36--1❘ general,

Mr. Sharp said that his Lordship had asked kim the question yesterday when he was uni- able to go into it and that is why he brought it up now, but of course his learned friend was entitled to make his comments. As regards the number of shareholders, present at the meeting mentioned the statement had not bees certified but it would easily be proved,

office and was open to the public. The Court adjourned sine die,

The O. S. S. Co, &C. M. S. N. Co's... Kremun left Singapore on roth inst, and is due here on 15th inst,main

The P. M. 5. S. Co's sa, China will sail

from Manila on 16th inst, and is due to arrive The H. A. L. 3.5. Senegambia from Ham- burg Left Singapore for our port on 11th inst, am, and may be expected here on 17th Inst,