1906-05-03 — Page 5

TELEGRAMS

[Reuter's.]

LONDON, 1st May.

The British Budget.

The Budget shows a realised surplus, for

· 1905-1906, of £3.466,000.

THE HONGKONG TELEGRAPH THURSDAY MAY 3, 1906.

DOBY NEWSPAPER IN COURT,

JUDGMENT FOR RESPONDENTS.

In Appellate Jurisdiction this morning the Full Bench, consisting of their Honour Sir Francis Piggott, Chief Justice, and Mr. A. G. Wise, Puisne Judge, delivered judgment in the appeal in the case of Tain Man Sam . Tans Yan and a wher, which was an appeal against the decision of the Pusne Judge in the case brought by appellaut against respondents for breach of contract. Han, Mr. H. E. Pollock, Kc, instructed by Mr. C. R. H. Beavis, Messrs. Wilkinson and Grist, appested for the appellants, and Mr. M. W, Sinde instructed by

The estimated expenditure for 1906-1907 is £141.786,000, and the revenue £44, 866,000, thus after a deduction of about £400,000 for cuntingencies, there will be a surplus for disposal of about 2,700,000.

It is proposed to devote £500,000 of this and £500,000 of the Chinese indemnity to a reduction of the debt, making, with the ordinary provision, and with the surplus of 1905-1906, a total reduction of £13,500,000,

in delivering judgment, the Chief Justice £200,000 will be devoted to certain postal:-The arguments on both sides were charges, and the differential duty on stripped

most too learned for the case to carry tobacco reduced by zid.

Low we know the exact conditions of the

The loss to the revenue by, remissions amounts to 2,000,000.

The duty on coal has been repealed.. The income tax and beer and spirit duties remain unchanged.

--Later.

The Duty on Tea. Mr. Asquith, owing to representations, has decided to enforce the reduction on the tea duty from the 14th inst...

Mr. C. V. Steavenson, of Messrs. Deicon, Lunker and Deacon, represented the respon. dents. ï

THE JUDGMENT.

contract is translated by the Court trans

POSSIBILITIES OF A NEW AKIHAN ROUTE.

The responsibilit as of Empire certainly in- volve us in some add quarrels, and take us

contract unless he got hir own way the resTHE DISPUTE ABOUT 1ABAH, pondents were quita justified in considering that he did so mean and as they say they there- upon considered the matter ended. A night's consideration, however, took the appellant to his solicitors who, no doubt, acting from in- structions, derived from the said erroneous assumption of the appellant as to his rights ander is agreement, wiele a letter on June 5. The effect of that letter, roughly stated, is that

into queer corners of the sarib. Who ever heard of Tabak before the past fortaight? Akabah we know, chiefly because, in our school days, we have been talked to about Ezion Geber and King Solomon's fleets. But Tabah?. Well, it turns out to be a name given to more than one tract about the head of the Eastern fork at the Red Sea; and it is quite possible. that the present imbroglio is due simply to a geographical misunderstanding.

TWO TABAHS.

the respondents did not fall in with the appellant's views they (the solicitors) would commence legal proceedings at once to compel the respondents to complete the sale and to recover damages which they

Tabali means a low-lying, marshy tract; and estimated at $1,000. There was no reply to there is, on the one hand, Wady Tabah, a patch that letter and on June 14 (being the last day of while palms with gond well-water, on the under ordinary circumstances for the comple-westem shore of the Gull, opposite to Akabah, tion of the agreement) the appellant's solicitors

in wrote tendering the purchasing money less deposit and threatening (in case of refusal) legal proceedings for breach of contract. The arguments before us turned principally on the legal question as to whether in this case time was or was not the essence of the contract, but

i

on the eastero.

bang a-Bank T,T. Singapore T.Tun... panBank T.T. ava-Bank T,T.

Janneths' sight L/C chemoaths' sight L/C.

Buying,

10 days' sight San Francisco & New York 1

months' sight

clo.

Intimations.

12% prem.

.120

12/11

THE

...30 9/16

ROBINSON

CO.,

PIANO

LD:

Ouya'sight Sydney and Melbourne/14 -month Fripic...

months ahe

...2.681 in ontbr' sight Germany .......................... 2:19)

Silver

Iank of England rate Sverrign........

To-day's Advertisements.

A. S. WATSON & CO., LIMITED. TOTICE is hereby given that the TWENTY-FIRST ANNUAL OR DINARY GENERAL MEETING of the Company (since its registration) will be held at the Offices of the Company in Alexandra Buildings, an SATURDAY, the 12th instant, at 11.30 AM, for the purpose of receiving the

1 for at the close of the case. The condition I prefer to base any decision as I did at the a larger tracı called Tabah, a stretch of marsh Report of the General Managers together with

This is, presumably, the pince recently occupied by the Turks, and obviously im. NOT properly'; for, though Akabah is Ottoman, the line of demarcation runs north-east- ward from the head of the Gulf, and in territory. But there is also, at the bead puls anything on the eastern shore into Egyp: of the Gulf itself, and much nearer to Akabah,

at the outfall of Waddy Akabab, the Jordan and the Dead Sea. On the eastern side of this, and clearly within Turkish terri tory, lies a spot where good water can be found, 'Ain Tabah, the last station before Akabah on the road from Maso and the Dead Sea. To which of these places the Ottoman troops, sent from Maan, have betaken themselves there is no doubt; but to which of them they were ordered to go is less certain.

of things which was to result from the payment hearing on the broad fact that the action of the Vailer, which continues the depression feat a Statement of Accounts to the 31st December, i

of the quarter of the purchase price was, speaking for myself, very difficult to understand, but it afterwards appeared that the business was to be carried on at the purcha of charges and fisk as from that dafe. But the right to central the printing and publishing of the newspapers was not to pass into big hands till the actual completion of the contract by the payment of the balance at the price. What happened when the one fourth was tendered was, to my mind, this The purchaser mit construed the meaning of the transter of the Mr. Ashley asked the Secretary for Foreign Affairs whether, in view of the decision to dis business to him and went in, ut exactly hand the Chinese regument at Wei-hai,wei, bel et armis, at least with his staff, to take up would ascertain whether employment as police at Singapore and other Colanies where Chinese form a large portion of the population could be found for sum of these men trained at publiction of the expense,

CHINESE AT WET-HAT-WHL.

appellant was a direct and intentional repu. diation of the agreement as it actually existed, and an intimation that he would not carry it out unless altered to suit his own ideas. Under these circumstances I think the appeal ought

to be dismissed with costs;

BREACH OF SHIPPING RULES.

SHIPMASTER FINED. ·

The master of the Norwegian' steamer ein was summoned at the Palice Court this morn his position of proprietor and printer. 1f his ing, at the instance of the Water Police, for action had rested there, and if all that happened misrepresenting the number of passengers on the subsequent day had been a determina when applying for a port clearance at the Hat. contract by the vendors, 1 bour Office on April 8th, and also for attempting should have hesitated to hold this a repudiato leave the harbour for Bangkok with more Sir E. Grey sniti that there was no likelihandin by the purchaser involving a forfeiture passengers than the number allowed by his

of the deposit. But the learned Judge port clearance. of the force being disbanded in the manner

who tried this case was of opinion that saggested

he did intend to repudiate, and this of itself would have debarred me from coming to such a conclusion. Apart from this considera- tion, however, the relation in the case as to what happened on June 5 at the meeting of the vendeurs at which the purchaser was present and their subsequent decision after he hail left, seems to show clearly that the discussion must f

have been renewed and that the purchaser in- isted on the erroneous interpretation of the

"DONGOLA'Š", STEWARD IN

TROUBLE.

CHARGED WITH ALLEGED THEFT.

A Canadian, named Fred, Harper, a steward on board the English mail steamer Nongala, was charged this alteranan at the Police Cuert, before Mr. C. A. D. Mellinurne, with stealing the sum of £28, from a German passenger on board the ship, 'named Paul liner, no the andi instant. The money c..nsisted of 4,25 in uutes and three sovereigns.

Mr H. J. Geilge, of Messrs. Juhnson; Stokes and Muster, appeared for the prose: ation, and Mr. H. W. Looker, of Messrs. Deacon, Lauker and Deacon, defended.

Mr. Gedge said that he appeared for the pro- secation in the case and as there was no evi- dence to substantiate the charge, he would ask his Worship to withdraw the charge.

His Worship-So you are willing to with. draw the charge?

Mr. Gedge-Yes, your Worship.

contract.

The defendant pleaded "not guilty" on the first summuns and averred, on the second, that he did not know there were any passengers

on board.

Sergt. Wilden said that when he went along side the ship was ready to leave for Bongkok. He boarded her, however, and, found that ac cording to the port clearance the ship was to entitled to carry any passengers, but twenty-five were discovered on board.

י

Itis Worship found the defendant guilty and

him $5. Even therefore if the case were one

in which I should be justified in reviewing the leaned Judge's finding of fact I should agree with that finding. I am of opinion that the contract remained uncompleted solely through the fault of the appellant. The appeal must therefore be dismissed with costs.

The Puisne judge:-This action was brought by the appelant (thee plaintifi) before me.in Summary jurisdiction against the respondents (then defendants) for $1,000, being as to $500 thereof for the return of money deposited by the appellant on June 2 in part payment of the purchase money of the business pro-

II:s Worship.-Have the polies why mujer petty and effect of the Sai Kai Kung Yik Po tion?

P.C. Cottisell—No, your Worship, The defendant was accordingly discharged.

PROJ JENKS.

At the time of Prof Jenks' vidit to China when he had before the Chinese Government carefully thought out schemes for China's financial.reform, it was clearly understood that his suggestions had been approved and his services as financial adviser would be engaged. HE. Wu Ting-fang was, if we mistake not, strongly in favour of engaging Mr. Jenks, as he fully realised the financier knew what he was talking about, and quite as fully that without foreign assistance Chion would.cer- tainly not know how to set about her great financial reform problem

1

of

the

1905.

The REGISTER OF SHARES will be CLOSED from WEDNESDAY, the gth inst., to TUESDAY, the 15th inst., both days inclu- sive, during which period no Transfer of Shares will be Registered.

JOHN D. HUMPHREYS & SON, General Managers. Hongkong, 3rd May, 1926.

PUBLIC AUCTION.

to sell by

PUBLIC AUCTION,

FOR ACCOUNT or rus CONCERNED,

[531

It is quite possible the first Tabab has been mistaken by an ignorant commandant for the second, and that Egyptian territory has been THE Undersigned have received instructions violated, without that ever having been the intention at headquarters. Once encamped, the Ottoman commandant, true to the tradi- tions of this race, will sit down obstinately till satisfied that it is his superiors who order him to move and as there is no telegraph to Tabah, nos, indeed, any nearer than Maan, he may sit some time.

THE OTTOMAN POLICY,

Thero is, we believe, no properly delimitated frontier to the Egyptian province on this side: no boundary-posts warn the traveller when he has passed from the Sultan's dominion to the Khedive's-or, rather, in strict fact, from the Sultan's province of Sham (Damascus) to his province of Masr (Cairo).. The worthy Binbashi in command had not much to guide him, and in de course he will no doubt letreat from one Tabab to the other, having, all unwittingly, given diplomats and evening journals some- thing to talk about, and bis own superiors a .curate maps, on which, quite possibly, neither bad half-hour over very indifferent and inac one Tabah is marked nor the other..

Mistake or not, however, the Ottoman policy, which had led to this movement of troops to- wards the Gulf of Akabah, ought to be careful. Messrs. Wo Hing Chan, said to be the charly watched. We do not suppose for one mia. ment that it is designed to reupen the Egyptian terets of the Norwegian steamer Nein, were next question from the Uttoman side, or even to summoned by the Water Police, before Mr. F. A. revive that dispute about boundaries which had Hazeland, for allowing the ship to attempt to

to be scotched by Lord Cromer on the acces sion of the present Khedive. leave the harbour for Bangkok on April 8th last, with more passengers on board than allowed

her part clearance. by

Mr. R. Harding, of Messrs. Ewens, Harston and Harding, defended.

Evidence was heard to the effect that on April 6th, when the police pinnace went alongside the s.s. Rein their port anchor. was up, as also was the gangway. They were dered to lower the anchor and gangway again and the vessel was boarded. The port clear

ance

But the dispute in question was undoubtedly an early sign that the Turk was beginning to understand the importance of the Gulf of Aka. bah to his Empire; and his recent movement on Tabah is the latest result of that same nn- derstanding.

THE SECRET OF THE TEMEN,

The ratter which most constantly and strong. ly posscases the imperial mind at Yildiz is the question of Arabia..

There lies the focus of the creed in virtue of together at all. On his continued possession which the Ottoman Sultan keeps any Empire was examined; it did not allow any

of the "Maramein," the two Holy Cities, de- passengers, while they had twenty-five on board.

pends the recognition of his Caliphate by mil. Fifteen of the passengers only bad tickets,lions of his actual subjects, The other passengers were then ordered ashore. Cross-examined:-The port clearance shown witness by the captain of the Rein did not allow

him to carry any passengers,

Company, Limited,(which is a newspaper Com pany) contracted to be sold by the respondents to the appellant, and as to the balance of $jos for dama, es fur breach by the respondents of

But Arabia is, alien to the Turk, difficult to the said contract. I decided in favour of the

contral, restless, and insubordinate. The Yemen blazes into revolt every few years; Asis, the respondents en tems and the appellak has

district immediately south of Mecca, is in al ceped my finding on the second item and is

most chronic rebellion. The great Emirs of only appealing on the first. The question came before the Pull Court on a special case

The Captain of the Rein said that Messri, Nejd acknowledge the Ottoman Sultan only when they wish to crush a trat. The Meccans, stated by the parties and su far as this the

Angard, Thoresen and Company were the odolent and corrupt, retain their Sherif, and pro Court is concerned it is confind to

agents of the ship. Witness "thought" Wofess little loyalty to the Caliph. The land-road statements in that case. The facts are shortly

to the Rejar and thence to Yenien, where a as lo lows: The respondents are the liquidating Chan were the charterers. Defendant

whole army corps is stationed, is besel and told witness to take out a port c'earance, frequently cut by irresponsible Bedwis, How tors of the said newspaper business, and were

but did not mention the number of pass this all-important peninsula to be knit more desirous of selling the same. Tenders' weie asked for and the appellar's tender af $9,170 sengers he intended to ship, so witness got closely to the Caliphial throne?

a blank port clearance at the harbour office. Taking a leaf out of the Infidels' book, was accepted, subject to his previously deposit.

Abdul Hamid bas determined it shall be done Witness took his orders from the defendant. ing $500 which he did on June z. An agree-

by railways. He hopes much from the Baghdad Cross-examined: Witness' did not know the Bat Wu Ting fangment was entered into between the appellants

line, when it shall be made to Koweit; but for name of his chatterers. The Rein was only

his better avenue of approach on the west he has had to contend with no small difficulties in

and the respondrm, which contained, inter

did not wait for European financiers and Peking surrounded us he is by ufficials who do

ola, the following clause: "The purchaser allowed to carry twelve passengers. Witness

German companies: He projected, advertised, was not sure, but he thought that when the offi cer came on board he included the compradore and forced through the Hejaz railway himself as a purely Mastem undertaking, giving from his Privy Purse, collecting from rich Huslems staff in his calculations.

in India and all over the world, mulcting his officials of their salaries, and taxing every possible commodity or transaction lo increase the revenue of the "Hejaz Stamp."

Insp. Langley: the compradore's staff are not 'down on the articles, your Worship, they count as passengers.

on SATURDAY,

the 5th May, 1996, at 2.30 PM, at their Sales Rooms, No. 8, Des Voeux Road,

comer.cf.Ice House Street,

A LARGE ASSORTMENT OF JAPANESE CURIOS,

Comprising:-

OLD SATSUMA VASES, BOWLS and INCENSE BURNERS, FINE GOLD CLOI. SONNE TEA SETS, CLOISONNE VASES, OLD BRONZES, IVORY INLAID PLAC QUES, SILK EMBROIDERIES, &c., &c., &c."

Catalogues will be issued. TERMS: As usual.

HUGHES & HOUGH,

Auctioneers.

Hongkong, 3rd May, 1906.

NEWLY OPENED.

INDIAN

[$29

SILK

:

STORE.

Indian, Chinese ·and Japanese

Silk

Goods,

Silver Waros,

Grass Cloths,

SUITABLE BOTH FOR

LADIES AND GENTLEMEN.

Prices Moderate.

Inspection earnestly solicited,

K. A. J. CHOTIRMALL & CO.,

8, D'ÁGUILAR STREET. Hongkong, 3rd May, 1906.

NOTICE TO CONSIGNEES.

“HE P. & O. S. N. Co.'s Steamer

"DONGOLA,"

FROM BOMBAY, COLOMBO AND

STRAITS.

[530

not know A from 13. and the idea of employing(that is, the appellant) must pay, one fourth of a foreigner to superintend the coin of the realm

the price before three pm, on June 4 or 5 (that and dictate to them how their maney should be, within 48 hours) before the profit or loss ofthe coined was very repugnant to the conservative members of the Government, and so Prof Jenks was shelved. The so-called currency reforms have been nominally inaugurated, but as we know, no real progress has been made and matters are in as great a muddle as eyes When the two High Commissioners were in America the other day if was perhaps ten days. If the transaction be not' coinpleted thought it was the duty of the captain to call Damascus line, to Maan, south of the Dead Company's Godowas at Kowloon where each

business of this company and the expense of all descriptions can be taken over by the new man. is decided that if the successful purchaser has first actually paid one fourth of the price,

A Chinese shipping clerk in the defendant's including the deposit money for the tender firm said the ss. Aein was under chanter to a within 48 hours the remaider of the price shall Chinese firm in Bangkok, and defendants were be paid and the transaction completed within only the agents for the chanterers, Witness within the time all sums that have been paid at their office for information. On this occasion shall be forthwith wholly forfeited. As regards the captain did not call, nor did he say how ioany passengers be had cleared for. Out of the rights of printing and publishing the same shall not be handed over until the transaction twelve tickets written out, ten of them were has been completed." As I read this agree-sold, This was the first experience of the Wo ment the meaning is that after payment of the ting Chan in shipping business.

natural that they should have an interview with Prof. Jenks, and we understand he has been able to demonstrate to them that they are tackling the problem the wrong way, and that n dispatch has been sent to the Government urging that the original idea be carried out, and Prof. Jenks. be invited to come in Peking deposit the appellant had to pay one fourth The opposition to this idea is said to be ⚫ much weaker than formerly, but a hitch still(less deposit) of the purchase money by three exists inasmuch as it is feared another nation p.m. on June 4, and that he had ten days with- in which to pay the balance. That on payment may take exception to his employment. This

of the one fourth, less deposit, the business' is the alleged excuse for not clinching his

was run at his risk up to the time that the engagement any way, but we have rather a

balance of the purchase money was paid and suspicion that the idea of currency reforma is

that on the payment of the balance he then as unpopular as the abolition of likin and all

became entitled to posession. There is also other reforms which are likely directly or in

the forfeiture clause.I have read. The appet. directly to curtail the official conjurer's facilities. lant, however, was of opinion that he would be -P. T. Times.

entitled to possession on the payment of the

In India about 2,000,000 of the natives can one-fourth (that is on June 4) I decided that read English.

If the oceans of the world should evaporate, they would leave behind them a layer of salt 235 feet deep,

+

his reading of the agreement was wrong, and that portion of my judgment was not in dis- pute, Acting, however, on his mistaken us sumption the appellent tendered the one-fourth (less deposit) on, June 4 subject to the con- dition that he got immediate possession. The

A KORSE may live twenty-seven years, but respondents naturally objected and the appel

both lions and camels have been known to attain the age of forty.

THE Imperial Canal of China has a total length of 2,000 miles, which exceeds that of any other in the world.

THE yow is the longest lived of British trees, attaining to an age of 2,880 years. The oak comes second with 1,600 years,

Fant refused to pay and left with the money in his pocket. It must be noticed that this is not a case in which a man has failed to pay an instalment in consequence of want of money, bul a case in which a man with the money refuses to pay unless the contract is altered to

By the Cour-When witness met the captain on ti forenoon before the ship sailed he did not ak the captain about the port clearance, as he did not think it was his duty.

His Warship-The point the defendants are going to raise is that they are not the agents, charterers or consignacs.

Mr. Harding-That's so, your Worship. After evidence was heard, his Worship ad. journed the care for decision.

THE WEATHER,

The following report is from Mr. F. G. Figg, First Assistant of the Hongkong Observatory:-- On the 2nd at 11.55 a. The barometer has risen slightly on the China coast,

Pressure is highest over the E. coast of China. Gradients are slight, and moderate E. winds are indicated in the Formosa Chaunel and the N. part of the China Sea.

Forecast:-Moderate E. winds; claudy, spate

*rain.

FOREIGN languages are now taught with the aid of the phonograph in some schools. The

bis liking. I hold that to be a flat repudiation machine reels off oratory, poetry, and songs, of the agreement by the appellant. In my while the children listen and note the accent | 'opinion the (appellant meant to repudiate the and pronunciation,

www.

still.

A GOLDEN OPPORTUNITY. In the event he has got a railway lid, tant bien que mal, right down the Pilgrim Road from 'zerib, the terminus of the French Sea, and, indeed, some 100 Silometres farther But that is only half way to M cca. Foods have run low. The country a head is less under bis control, and the Bedawis have been very. especially that great tribe which bears the ominous name of Harb (War), Stopping where turbulent in the northern lejaz of late, it does, the railway is after all of little service is his imperial desigos; but could it be pro- longed pro tempore to a port on the Gulf of Akabah, it would become a link of immense importance with Jiddah and the Yemen.

Abdul Hamid saw the possible value of that deseried tongue of sea, which runs up to the Wady Arabah, many years ago: he sees it with double clearness now. The distance from his present rail head to Akibab is not much over joo miles; the highest still in the Wady Arabah is not 700 feet. He could easily have a branch railway made to the Gulf. Even a canal is not impossible.

Therefore, as a preliminary measure, he re- inforces the garrison in the Akabah district, and we-well, we watch and keep our bands free on the western shore of the Gulf, for no new route to the Red Sea and the East can be Morning Leader.

wholly indifferent to us.-D. G. Hogarth in

COMMERCIAL.

TO-DAY'S EXCHANGE.

Salling.

London-Bank T.T. ......ALAPAKA

Ds. demand.....piņi Do, ⠀⠀ 4 months' sight; aina

..2/3 1/16

.3.T

France--Bank T.T... 262 Ametica-Bank T.T.............. Germany-Bank T.T. quädomin2,74 India T.Te unmossom

Do. demanderassamune

NEW PIANOS

$70 CASH

AND 18 PAYMENTS OF $20 BACH

or $385 cash.

GREAT STRENGTH AND SUPERIOR

TO ANYTHING IN THE

COLONY.

Steinway,

Bechstein,

Krauss,

Haake,

Hopkinson,

Winkelmann,

ON

CORRESPONDING TERMS.

ALSO

BABY GRANDS

AND

PIANOLAS.

Hongkong, 4th April, 1906,

138

Just Landed.

FIRST SHIPMENT,

A PERFECT SCOTCH WHISKY.

D. & J. McCALLUM'S

PERFECTION"

Consignees of Cargo by the above-named Per Case 12 Bottles

vessel are hereby informed that their Goods are being landed and placed at their risk in the Hongkong and Kowloon Wharf and Godowa

and delivery can be obtained as soon as the Goods are looded. consignment will be sorted our Mark by Mark,

This vessel brings on Cargo:---

From London, &c., ex S.S. 'China. From Persian Gulf, ex B.I.S.N. and B, & P.

9. N. Co's Steamers. Optional Goods will be landed here unless instructions are given to the contrary before 6 hours..

Goods not cleared by the 9th instant, at 4.M., will be subject to rent.

No Fire Insurance will be effected by me in any case whatever.

Damaged packages must be left in the Godowns for examination by the Consignee's and the Company's representative at an ap pointed bour.

All claims must be presented within ten days of the steamer's arrival here after which date they cannot be recognised.

No claims will be admitted after the Goods have left the Godowns.

E..A. HEWETT,

Superintendent. Hongkong, 3rd May, 1906,

£4

REGULAR STEAMSHIP SERVICE TO NEW YORK,

to

VIA PORTS AND SUEZ CANAL, (With Liberty to Call at Malabar Coat), PROPOSED SAILINGS FROM HongkonG.

About Steamship

22nd May, "SATSUMA". "WRAY CASTLE.....

.................................to follow.'. For Freight and further information, apply

DODWELL & CO., LIMITED, Agents,

· Hongkong, 3rd May, rgof,

!

in Mallet-shaped

& Ordinary Long

Quarts

$16

SAMPLES ON APPLICATION.

SOLE AGENTS~.

H. PRICE & CO.,

WINE MERCHANTS,

12, QUEEN's Road Ozitnal,

Hongkong, z8th April, 1906,

Page 5Page 6