1907-07-06 — Page 4

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THE ALTERED ASSIGNMENT

CASR.

AN APPEAL CASE.

Ist init.

Before the Full Bench, consisting of their Honours the Chief Janice and Mr. AG against the judgment delivered by his Honour the Paine judge in the case of Chan Wo and

Wise, Paisne Jadge, the appeal was heard

others warsus Chan Yam and others.

E. Pollock, KC, instructed by Mr. C. D. Wil. Sir Henry Berkeley, K.C., and Hon. Mr. H, kinson, of Messrs. Wilkinson and Grist, repre. sented the several appellants, and Mr. M. W. Slado; instructed by Mr. G. K, Hall Brutton, of Mesers, Brutton and Hest, represented the respondents.

Sir Henry lod and said that this was an ap peal against a judgment delivered in March last in which his Honour found, so a question before him as to whether a certain alteration in 40 assignment had been made, before or after the execution of that document, that the balance of probability was that the alteration was inado after execution.

THE HONGKONG TELEGRAPH SATURDAY JULY 6 1907.

MOTION: FOR EXTENSION OF BUSINESS.

of

I

SANITARY BOARD,

SPECIAL MEETING.

and inst

In the Original Jurisdiction Court on the 2nd A special meeting of the Sanitary Board was inst, before bis Honour the Chief Justice, Rus. held at noon to-day in the Board room to con Mr. H. E. Pollock K.; instructed by Mr. R. F.sider the following minute, from the Medical C Master, of Measta Johnson, Stokes and Officer of Health: The minute read at follows Master; brought on a notion in the matter have the honour to recommend that a special the Man On Insurance Company and in the meeting of the Poard be called for Tuesday next to release the sheds at the Dairy Farm matter of the Companies Ordiazaco

Mr. Pollock said thm was an application or Company's premises which were declared in behalf of the Man On Insurance Company for fected last month. The firm is now entirely confirmation by the Court of certain resolutions fee of infection, and the disinfection of passed by the Company for the purpose of,ex the sheds was commenced yesterday and tending the operation of the said company's will be completed a Monday: The com

are not able 10 utilizs any of business. This was in accordance with the pany English practice. The company, said Mr. Pulihe milk of the animals that have recover lock, set out in the petition that hitherto they ed until the Board releases the premises, bad confined their business to marine insut- and the matter can therefore hardly be allow ance, and now wished to extend it to fire ined to stand over until the regular meeting of

the. Eth prox. (inst.). surnace..

special debts he would bave inserted paragraphs THE MAN ON INSURANCE CO. to that affect in the agreement, and if he meant to include there was no necessity for such paragraph. He did insert the clause which shows very clearly what was in his mind. The accountant's evidence agrees with this. As to the form of agreement when drawn up that shows that Chan Yam certainly had it in his mind to exclade special debts. There is also the probability that if the purchaser had in. tended them to be excluded he would have asked: Why did you introduce this sentence? effected his end by altering "exclusive" to I admit that he might bave forcibly have "inclusive, if defendant agreed, but this leads us to another probability. It is more than improbable, it seems to me, that the vendor would have thrown in what was called a bad debt for, no consideration. We know that it was not strictly speaking a bad debt but only one very much in suspense. That there was no consideratiua. for it is mani fest from plaintiff's own evidence. His version of the case is that Sago was to be paid for sign boards, eighty-five per cent for the Australian debts and this other debts at face value. It isation to go upon. impossible to give a face value to these Wa Tai debut, therefore the plaintiff says he was going to get that for nothing which is high ly improbable.

The plaintiff's evidence supplies the key to what was passing in his mind I wanted to know what the legal expense would be before I accepted and Chan, Yam refused to tell me. He said that if they did not alter the draft of the agreement from" exclusive "to "inclusive "they. would have to pay him expenses. For the life of me I cannot follow it. If the debt had been included the purchaser would have taken over the debt and the consequent liabilities. What he really wanted was to get rid in some way or other of his share of the liabilities... The pro babilities on facts are entirely with defendants and in favour of exclusion. With regard to advertisements each party was a liberty, to insert one and an inference had been drawn from the fact that the debis or rather their exclusion was not mentioned.. Nor may it be remarked was their inclusion, too great an inference had been drawn from the advenise

ment.

After eferring to other exhibits His Lordship concluded: an entirely in agreement with the finding of the learned Puisne Judge.

The plaintiffs were partners in the Wah Hing Loong firm, of No. 97. Connaught Road West, California merchants; and the defendant was a Trader, residing at No. 9o Viaduct Road. Oo 10th August, 1897, an action was commenced lo the Original Court against the Wah Hing Loong, sued in the names of Chau Yam and Chan Wo, who were at that time partners in the Wah Hing Loong. The action arose in respect of a debt due from the Wah Tai to the Wab Hling Loong. On the gth February, 1 1800, while that action was pending, Chan Yam retired from the Wah Hing Loong, and transferred his share therein with all his beneficial interest in the said debt and in the said action to the plaintiff, Chan Wo A memorandum of the said transfer was signed by, Chan Yam, Chan Wo, and all the other partners in the Wah Hing Loong. On the 27th October, 1903, the aid action was compromised upon terms, inter alia of the plaintiffs in that action paying $12,000, which sum was lodged with Mr. G. K. Hall Bruttan, as solicitor for the defendants in that action On the 17th December, 1933, pursuant to an order of the Court, $1,258, being the balance of the nid $12,000 then remaining in the hands of

Mr. Wise: This is an appeal from a de Mr. Uration, was paid into County and Chan Vam was substituted as defendant for Mr cision of my own (sitting in original jurisdic Bruton, and the plaintiffs claimed the payment tion). The question arose on the transfer of the business, etc., of the Wah Hing Loong 14 them of the sum Bf $4.258.00 then in Court

The defendants in this action said that un firm by some of the partners to the other par the 41 March, 1897, the Wah Hing Loougners. In the original draft of the memoran obtained judgment in an action in this Contd of such transfer certain debts due to the against one Mui Tsan, described as the sole Wah Hing Loong by the Wab Tai and Fung Shing firms were excluded. This admitted partner la the Wa Tal Bank, for 57,127.71, with

that this draft was altered and in the document interest and costs, and through the British Consul in Canton abiained certain property in Canton, to satisfy the said judgment. That judgment was in respect of a debt from the Wa Tai Bans to the Wih Hing Loong. On toll August, 1897, Muj Tian brought action against Chao Yam and Chan, Wo, as partners of the Wah ing Loong, claiming an injunction and $15,500 dathages for alleged false represent ation made to the British Consul at Canton by Chan Yam and Chan Wo. By an agreement made in February, 1899, the defendant and all the other partners in the Wah Hing Loong, ether than the plaintifs, sold and transferred their shares to the plaintiff, Chan Wo, under the name of Li. Tong, and a memorandumi was signed by the parties to the trans action, but from the property, thus sold and transferred the judgment debi re ferred to, which was still unsatisfied, was expressly excepted On the 27th October.. 1913, the action for damages referred to above way withdrawn and a sum of $tzero was paid by way of compromise by the said Mui Tsan 10 George Kingston Uall Biulton, as solicitor for the defendant in that action, and for the plaintiff in the action of 1896, in full senle ment of all, claim against Mui Tsan by the Wah Hing Loong in the two actions. The de fondant admitted that Chan Wawas entitled to be paid out of the sum in Court such suma, amounting approximately to $3,000; he has himself paid for costs incurred in the said action for damages and to a share proportionate to his share in the Wah ting Leong prior to be said sale and transfer, Continuing, Sir Henry said, that the decision they must attempt to arrive it was

His Honours I have read through the papers, and I find there is not enough inform

Mr. Pollock: We followed the precedent in the Tientsin Company where they wished in extend their business to include electric light. ing with their previous business of a gas company.

His Honour: But there is not sufficient data before me. I have to look after the policy. holder; the thareholders can look after them selves.

Mr. Pollock: But fire and marine insurance are somewhat similar.

His Honour: You may remember the case of the Lyons Company in England which, exi tended their business, with the result that the life policy-holders could not get their money.

Mr. Polloc But Marine and Fire ara quite different to Marine and Life or Fire and Life businesses, my Lord. Mr. Pollock here rend from the Law Reports precedents for the extension moved for, and said that the company had plenty of capital to carry on the extended. businest,

His onour: Yes, but the capital in very small, only $1,000,000, and only half of that paid up

Mr. Pollock: Then there is the greater security as the company is in a flourishing

condition.

His Honour find the responsibility is very, very great; for a layman to offer an opinion upon a business matter of this sort is very difficult,

Mr. Pollock: But here we have the audio who says that the capital is more than sufficient to meet all extended business."

His Honour: But I have to consider future policy-holders.

Mr. Pollock, But surely, my Lord, every body who wishes to take out a policy of in ance looks about him amongst all the com. panies, and finds out for himself which is the safest company to insure. in.

His Honour': I must have some more data:

|

"INTRIGUES AND COUNTER. INTRIGUES,

CHU HUNG CHI'S' DOWNFALL.

THB SAN FRANCISCO, QUESTION

VIEWS OF COUNT OLUNA,VE MEETING OF THE CONSTITUTIONALISTS” It is generally believed that Count Okuma entertains a very strong opinion with regard to the San Francisco question, and it is therefore The enforced retirement the other day of of interest to know what he sayn on the sub-

ject. In the course of zu: interview with representative of the Jiji, Elimpo Count Okuma remarked

The President having read out the minute / Powerful Runanese clique in Paking, Chu- nature, are in reality"an outburst” of antis?

moved that the premises be released as sug- posted,

Mr. Shelton Hooper, seconded and it was carried nem, cou.

The meeting then terminated.

THE MUZINY ON THE

ASHTABULA"

We take the following teport from the China Critic (Tlentain) of zind all. :-This case was heard before the City Magistrate in his court yesterday, afternoon. The British Consulate was represented by. Mr. Handley-Derry, There were present in the court Capt, Harwood of the Ashtabula, the Chief Engineer, and Dr. Coltman, the Manager of the Standard Oil Co. in Tientsio, and Capt. Burrows,

Capt. Harwood was first examined. He stated that the steamer came from San Francisco, ago. The crew were taken on at Shanghai for arriving at Taku Bar on the 5th June, 16 days one year. They had been on board for 8 months going backward and forward between They had all sign America and China.

There were 66 men

Each man draws a little money

The Jiji Shimpo treats the same subject in a most moderate and "dispamionate mapper. Although there are some who wish to mike the question a subject of formal diplomatic negotiations these people seem to lose sight

such a high official one of the bigbest it may be said la Poking as His Excellency Chu Hang-chi, who held at the time of his den unciation by Yan Yu-ting, the Hanlin acade While not pretending to know the attitude mist, the important posts of Grand Councillor, assumed by the Gorerament in dealing with Assistant Grand Secretary and President of this question, it can scarcely be expected that the Ministry of Foreign Affairs, care as a the evil can be eradicated unless a very strong “thunder bolt from the blue to the: great and inflexible policy is pursund... The relaxing of order at San Francisco subsequent to the majority of officials and people throughout the Empire. But those who were au fail with the earthquake: diraiter Bf last year has gives intrigue and counter-intrigues, who understood rise to the prevalence of rowdyism moelly the wheels within wheels of the politics of the directed against the Japanese. The schools question as well as the recent occur Capital, expected some such denouement, for Chi Hung-chi, who handed the erstwhile rences, though they are necessarily of a local Hung-chi, powerful as he was, desired Japanese feeling which has for long been more power; he sought to regain for his smouldering amongst a section of the Ameri party or clique its former influence through can people. If Japan fails to stop the notica out the Empire, and especially in the from which these periodical anti-Japancas Capital, and for this reason he seems to movements emanate and is satisfied with tem have himself in opposition to Prince Chiog porising expedients occurrences of a similar the power bebind the Throne since the nature are sure to be repeated in the future, demise of the Grand Secretary Jung, Lu three Japan has now joined the ranks of the fin or four years ago-and had been for some time class Powers, and the diplomatic relations persistently intriguing to discredit Prince Ching between Japan and America have been placed with the Empress Dowager and to supplant bis

on a footing befitting the up position Japan Highness. As the result has shown, it is Chu

has acquired to the comity of nations. Under Hung-cht who has been discredited in the eyes such circumstances, the existence of a tendency, of their Imperial Majesties and placed in however localised, to treat the Japanese as a

inferior people in á friendly country cannot be enforced retirement-commanded, in a word, to return to his home outside the city of

tolerated Some people talk of the inability of the President to bring sufficient pressure Changsha, there to reminate and repeat at

10 bear on any one of the states on leisure: To outsiders Prince Ching and Chu Hung-chi seemed to be the best of friends.

account of the constitution. But that in not They were both Grand Councillors and daily the business for us. Japanese to inquire into, met in the presence of their Majesties and, We should demand of the American Govern matters merely referred to generalities; but in to that which is accorded to the white people. openly, worked most harmoniously wherever ment, by virtue of the Treaty, treatment similar To insist on our demand the dispatch of ware secret there seems to have been hard work, on the past of Chu Hung-chi, at any rate, in at ships may be found expedient. The use lempts to get Prince Ching out of the Grand warships is not for fighting only; it is part of Council and, therefore, out of politics entirely, their duty to act as guarantors of peace in ed an agreement.

For this reason Chu Hung-chi, in his capacity of ordinary times. The periodical visits of war.. altogether in the crew and out of these men and trimmers. He had no trouble with perial sanction be givento Viceroy Tseng Ch'an Japanese are frequently subjected to undignified 23 had mutinied, the mutineers were all fire- Grand Councillor, recommended that the Im ships to a place like San Francisco, whore the ireatment, at the hands of whites, will, apart the other men. The firemen received wages hsuen's memorial to be permitted to have an from St8 per month downward and the other Imperial audience before taking up his appoint from any warlike significance, have the effect members of the crew from Sa8 downward. The ment of Viceroy of Szechuan. When Tsen Chun-

of inviting respect towards us and creating trouble started by the firemen demanding hsues, therefore, arrived in Peking, Chli Hung more friendship. Seeing that the recurrence of such disgraceful 'incidents as those which To cus backed up the Empresa-Dowager's wish to $2,600 but only $2,400 was due to them.

have recently occurred at fan Francisco is a avoid trouble he was willing to pay them the retain Taen in the Capital and it was Chữ's re- $2,600 by an order on the Company's office in commendation that Tsen should be appointed blot on the fair name of the United States there was then vacant by the death of the late Changfal section of the American public are anxious 'families, or he was willing to pay them wheo Shanghai, the money to be given to their President of the Yuchuanpe, which position is no doubt that the President and the thought- to solve the question in a manner satisfactory seven days out from port. He was not obliged Po-hsi-who was also a Hunanese. With Teen

as an ally (and an exceedingly powerful ally to the Japanese,” katan to pay them anything until their contract

the latter was because of his great influence produced in Court and sued on those deb's

expired at the end of the year, but he

with the Empress-Dowager) Chi Hung-chi were included, so that the question before the Court was whether that alteration was made

always paid them advances which he was at liberty to, do at his own discretion. The thought it high time to act. He gave the I was of opinion

amount of $2.4 0 is due to them for about necessary bint and alleged proofs to the Ceasor before or after execution.

Chao Chi-lin to denounce both Princa. Ching months, I have paid them for about 4 that it was made after and therefore of courie fraudulent and a forgery, and I gave judgment cannot treat the matter as a mere formality.onths. They have not been paid for the last and Prince Tsai Chen (father and son, the first

must be satisfied, that the capital is suli-

of having accepted three months

Jarge bribe from the accordingly for the defendants with costs. Whatever doubts I may have had or supposed cient. The best way will be far you to let me

then Governor-designate of the newly-teor. to have had on that point at that time I have have affidavits. They will be treated quite

ganized province of Heilongkiang, and the none now, This, opinion was and is mainly

latter of having accepted as a present, from the Mr. Pollock Will your Lordship, set a day

same source, a famous member of the Tientsin based on the evidence of the plaintiff himself confidentially and will not be published. and his witness (the accountant). The plain-for the renewal of the motion and in the mean-

demi-monde. As an index of the real place Prince Ching has with the Empress-Dowager, tiff stated that previously to the date of the time the affidavits will be filed? agreement the parties had met and consuled

The motion was then adjourned to the 16th

the outcome of the denunciations was that the insi, and arranged that an account was made out

Censer Chao Chi-Jin probably to his own that the price agreed upon exclude these

intense surprise was cashiered and an Imperial Rescript issued warning Censors not to make debts and it is obvious that the plaintiff was a

reckless and indiscriminate" accusations. party in that arrangement. Further, where the plaintif goes in to give reasons for such exclu.

There seem to have been some prickings of sion, that the Wa Tai, had a counter-claim for

the conscience with regard to the denounced $15,000 against the Wali Hing Loong and they

princes, for both father and son asked to be allowed to resign their posts. Prince Tsai Chen, were evidently in fear and trembling that that claim might ha successful and in that rase

the sop, got his desire and was allowed to re- their claim against the Wah Tai would be

ture, Works and Commerce; but although swamped and the, Wah Hing Leong, would

siga bis Presidency of the Ministry of Agricul- Prince Ching twice asked to resign he was be ruined. The accountant stated that he

refused his request. This was a decided rebuff, drew up, exhibits and deducted--the Feng

for Chu Hung-chi's party, and the blow would Sling debts which of course. includes

have been prompily returned with interest, but the Wab Tai defendants as both stand on the saine footing so far as this case is concerned

for the presence of the all-powerful Tsén. and be further states that on that basis the

The next step would, therefore, be to get agreement was drawn up. It is therefore clear

that redoubtable official outside the walls that up to the date of the execution of the

Prince Ching, trouble began to assignment or possibly a short time before the

of Peking, Fonudilely for the friends of plaintiff had agreed for the exclusion of these

the Liang Kwang provinces and, Viceroy He then says he changed his defendants. mind at the twelfth hour. I must say, if the

Chow Fu being considered not strong Chan-hauen, who was supposed to have case had ended there and there was no further

enough to "handle" the crisis, naturally Tsen crushed the so-called Kwangsi rebellios, was appearance on behalf of the defendants 1 should have had to give judgment for the plain-

promptly recommended to the Thorne as the

On Monday the Council of the Constitutional tiffs; should have done so with great, reluct

The proper policy, however, is that which

only man who could restore peace within the auce. Of course what happened was that when the plaintiff began to think that these debis apparently Colonel McCoy has adopted, of mak-

Kwangtung borders. We all know, how well Party held a meating to consider a manifesto of the Frince and his friends succeeded, for in the party on the Japanese question in America, spile of all kinds of excuses, Telo had to leave Mr. Motoda, chief Secretary of the Constitu had some value be with his accountant altered ing our handicap as light as possible and the assignment. On the appeal r Pollock laid approaching free port methods as near as our stress on certain exhibits. One was the adver- system will permit. There are numerous and

Peking. is departure bereft Chu Hung-chi tionalists, to introducing the manifesto which in same cates almost insurmountable obstacles

of his strongest support near the Throne, and he declared had been approved by Marquis tisements inserted by the plaintiffs and defend- ants respectively and it is true that they comain in the way of making Manila desirable for

it was the signal for his enemies to start active Salon, the Premier, and leader of the party operations against him. Without allowing stated that until the present time the party bad no reference to the exclusion of these debts and entering: passengers, but we believe that with it was therefore argued that this was evidence in the spirit shown by our acting Collecter of

him any breathing space, the well-known remained silent on the question, but it had now favour of the contention, that the alteration Customs a great deal can be accomplished to

Hanlia compiler, Yuo Yu-ting, as enthusiastic been decided by the leaders to issue the mani. admirer of the Prince, at once accused Chu-festo, After a few minor questions had been was made in the assignment before execution. wards removing soine of the needless causes

of having secret relations with the editors asked and answered, the manifesto was passed As to the exhibit 4, this had been characterised of irritation which now confront landing paa.

of a Feking and a Shanghai newspaper, by the Council. It reads as follows and also with the representative of A either, directly or inferentially, by the delen-sengers. The Puisne Judge: No, but it's Chinese,

London paper to whom he gave important Sir Henry: Quite so, but in translating i dant and his witnesses as a forgery. Mr.

political news of a secret nature. The charge should be put into comprehensive English. Pollock argued on this point that it was highly improbable the plaintiff's should have unneces

that Chu Hung-ch: gave "hints to Censors, is In translating from the French one does not

I am sick as to the head" One puts it sarily gone in for forgery on such a large

said to bave referred to the cashiered Censor say

scale and pressed the paint that there was do info English and says "I have a headache,

Early yesterday morning, reports the Shang

Chao Chi-lia. It is also reported that the Grand Councillor Liu Shao-nien tried all he Continuing, Sir Henry said that the assignment object or reason for such forgery and there are

could to get the Decres against Chi angulled also included the interests of the sellers in the that if the Court came to the conclusion that hai Times of 25th June, two human arms, much firms up and down the coast and in California

or revised, but as will be seen, unsuccessfully. exhibea was ant & forgery this would throw drcomposed, were found in a drain near the

Prince Ching is Dow more powerful than ever, and Australia. The point then to consider such discredit on the evidence for the defen Defence Creek, at the end of the Rue du Con was whether that assignment was inclusive of dant as a whole that the Court could not hold ulat, Frenchtown. The limbs evidently are those of a native, and it is supposed they be-

und the examples shown by the fates of the Censor Chao-Chi-lin and the Grand Councillor certain debts or not and consider the weight of that the assignment was a forgery, as it

long to the dismembered body of the man, avidence. The assignment was advertised in would be if the defendant's contention was Chinese papers, and the advertisements speci- correct. Although I agree that the authen.found in a pig-skin trunk on the footung side

Chu Hung-Chi will naturally prevent for the present, at any rate, any further attempts against his position.-N. CD. News. fically included all debis. The man had some ticity or falsity of the defendant's evidence thing to sell and he sold it without reservation, as to exhibit R4 has a bearing on the and then later he came forward and said he did credibility of the defendant's evidence at 10 make a reservation-he reserved the Wa Taithe assignment, yet holding as I do (on the Bank debt, and he asks us to believe that the evidence as a whole) that the alteration in, the word "exclusive" was altered to "inclusive," assignment was made after execution I cannot before the description of the debt, after the think (supposing for the sake of argument the defendant's evidence as 10 exhibit 4 to be false) assigement had been executed.

that the absence of mention of exclusion in the advertisements under the special circumstances of this case and the false evidence to exhi bit 4 can debar the defendant from succeeding in this action on the main points as to whether APPEAL DIENISSED WITH COSTS. ・・ the alteration in the assigament was prior or zod inst. subsequent to execution. My decision as to which is mainly based on the evidence given Thair Honours the Chief Justice and Mr. A. G. Wise, Paisoe Judge, this morning sitting by and on behalf of the plaintiff. I think the asa Full Bench in Appellate Jurisdiction de-*ppeal should be dismissed with costs. livered judgment in the case. of Chan Wo and others verzw Chau Yam which was reported

as to whether a certain alteration in the deed of transfer was made before or after the ex ecution of that assignment. The facts that he would rely upon his point were as follows: Prior to 2nd March, 1899, all the partners were members of the Wah Hing Loong, and negotiations were entered into by them for the sale and transfer by some of them to others of them all in the firm. That astign: ment provided for the transfer of the "sign- board "which, stond for the goodwill, and all the interest of the retiring partners in the business and debts of the firm.

Sir Henry: It is very bad English, We don't talk of transferring signboards when we meen goodwill. It is not English.

The Court adjourned for tiffin. After tiffin Mr. Pollock followed and address. ed the Court on the likelihood of the forgery.

in these columns last evening.

THE FORMOSAN ÁBORIGINES,,

A DIFFICULT TASK.

when he wants it. As each man signs on as advance of one month's wages is given to him in the Consular, office. Each agreement has the consular mark on it showing that it has. been explained to them and that they affix their mark with a knowledge of its contents. The 19 prisoners and to other came from Shanghai, the 10 others were willing to take their money when 7 days out from port,

They said they wanted to send their money to their relatives. If I had paid them half they would have deserted, they The repaithat the acting Collector of Cas-had-made-up-their-minds-to-desert. Their toms is going to try and simplily several matters pert fining to the customs and to im migration and make entry into Manila easy, will be hailed as good news, says the Manila

10 KMULATE HONGKONG,

Times.

The past year or two there has been consi- derable improvement in the manner in which passengers coming into this port have been received and the impositions in which they were formerly subjected, have in many cases been lightened, but there still remains much to be done. After landing in a port like Hong. kong where one, if he has a mind to, may call a sampan and make his way ashore at his own sweet will a few minutes after anchor has been dropped, the experience in Manila is frequently provoking and irritating. Of course, Hang- kont is a free port and until Manila is in the same category we can never hope to equal it in this respect..

ANOTHER SHANGHAI HORROR;

of the river, on the 20th inst...

wages are not legally due to them outil the end of, their contract. If they wanted clothes or other small things I told them they and the office on shore would pay them. No. could get them and I would endorse the bills : fireman, and six others came to Tientsin on Friday and saw the British Consul, they were told that they must go back to their ship and complete their contracts. No. : fireman and the two men who were wounded by revolver shots were the ringleaders. One of the men hit the second officer with an iron bar on the shoulder cannot work. Capt. Burrows aw me start and down the leg. He can move about but to write the cheque on Shangbai for their wages. When the dispute about the wages man. on board who spoke English and the took place there was a ship chandler's Ningpo dialect,

Dr. Shaw examined the men who were shot and extracted the bullets, The No. 1 fireman, who was the ringleader had already received Sats of his wages and only $2 was due to him to date. On Friday fast they were asked to get the fires going by the and engineer, shortly after they all struck work, the and engineer tried to keep one man in the stoke hole to look after things Six of them were ashore. They then attacked the and engineer. The first engineer came and quieted them and lold them to wait until the Captain came aboard. After he came aboard they atlacked the officers with iron bars which they had ready for use. If I had refused to pay them any wages until the end of the year 1 should have been quite within my rights.

The Magistrate asked numerous questions as to why the men had not been paid up to date, or why they were not paid every month, or why an advance had not been given to them at Taku? the answers to which were repetitions of the Captain's statements as above. The The Magistrate then decided that the muti- question of mutiny was not touched on. neers should be paid three months! wages, that the two wounded, men should be kept until it was seen how they progressed, and that the matter should be further decided when the Ashtabula returned to Tientsin.

Mr. Handley-Derry, on behalf of the British Consulate, stated that he was unable to accept this judgment.

At the time this body was discovered, there was disposition to connect with it the arm and hand found in the Souchow Creak last week as we reported at the time; but the medical, examination of this latter gruesome find sbow- ed that the members befooged to a foreign woman, and so the mystery of the Southow Led into English. Creek discovery remains as deep and sinister

「事

ever,

The examination of the prisoners by the Magistrate and their replies were not translat

TRAIN STOPPED BY WORMS. STRANGE PHENOMENON ON THE SIBERIAN

RAILWAY....

'WARE THE TYPHOON

of the real nature of the question, at issue... The present incident, unlike the schools question which affected our conventional rights, is nothing more than a local occur rence which was brought about by the inade quate police administration, If the Ameri can authorities admit their fault and give as surancee as lo adequate policing in the future that should bring an end to the incident. Dur log the Tokyo riot of gag sama foreign propiny was destroyed at the time the foreign Governments' concerned bad demanded damn- ages of Japan the Japanese would have' most. of the claim. That anti-Japanese sentiment is. probably clamoured about the unreasonableness at the root of the recent occurrence is admitted by all and it forms a most deplorable feature and America. The same view of the situation must be shared by the intelligent section of of the International relations between Japan

Japanes as well as of the American public; but the sweeping away of racial rejudice

is

a most difficult problem, which will not admit of easy solution. However, since the statcimen and the majority of the people of both countries are desirous of a satisfactory solution of the difficulty being arrived at, it will doubt. less ultimately be disposed of in a manner. brew in

Acceptable to both sides. Pending this, low- ever, concludes our Tokyo contemporary, it' harmful to indulge in irresponsible tall.taik; as will not only be unprofitable but is distinctly that will only lead to further complicate mat. tere instead of smoothing the way,

We see we have our friend the typhoon with ut once again.

Alter an absence of five or six months janketing around among the Hyperboreaus or Actipodeans he has come frisking around our way again, lively ass government official that has summered it in Baguio.

Saturday the old signal with the minatory balls and their dread No. 1, 2, DIG! was hoisted and we were notified to look out for squali.

If the arms that came to light yesterday are those of the dismembered remains of the an- fortunate native found in Paotung the theory that there could be any connection between the arms from the Soochow Creek and the body The Dalyokaya Okraina (translated in the found at Paotung, is completely upset, and it Japan Advertiser) reports that No. 3 post train, becomes the imperative duty of somebody to before reaching Pogranichnaya station recent- take some steps towards establishing the ly, began to proceed more and more slowly identity' of the unhappy woman whose untit suddenly it stopped entirely. The pas severed arm WAS cast up on the Creek sengers jumped from the coaches and beheld foreshore. Why, we ask again, has the a strange scene. The two locomotives were, Creek not been dragged? A correspondent, puffing and hissing, the wheels turned, but the some days ago, reported to us the fact that train did not stir from the spot, On examins a head had also been seen in the Creek, but 'tion it was seco that, the line was covered neither the Police nor the Harbour author with soms kind of green moving mass, ties apparently made any effort to find it. They which turned out to be worms, apparently professed to disbelieve the story, but our cor a species of woodworms. They thickly respondent was thoroughly trustworthy, and covered the entire road and thus the locomo- the discovery of these arms in the Defence sives wire stopped. The poor passenger bad Creek goes to substantiate his story. Why is it to walk for a distance of five vents, which the that nobody seems to consider it his duty to train covered at a snail's pace, the journey tak try to throw some light on those dreadful crimes ing three hours, while passengers and railway which are taking place around us almost every servant helped to clear the rails of the worms, night in the week, and of which such terrible It would be interesting to know, says 'our con- evidences are being revealed morning after temporary, how such a huge migration of morning? If it is nobody's business to loves words can be explained, and a similar pho- Ratepayers, Chinese and foreign, organised in Macchuria.” The older, residents something to the nature of Vigilance Com able to answer this question,idéots might be It may be added that in Amenca, trains have been bild up in much the sams fashion by mi. Fin gration of caterpillars,

After the appellants had concluded their argument the Chief Justice intimated that he did d not wish to hear Mr. Slade (for respondents) and said:-Now this appeal was put to me in this way. The balance of 1robabilities did not incline as the learned Pulsne Judge thought General Sakuma, Governor-General of they did and the question put, to us fit Formota, according to Japanese contempora- Was it not likely that the debis were exclu- ries, seeing that over ten years have passed sive or inclusive? Unless the case can be put since Formosa was annexed by Japan, and yet higher than this the appeal must fail, because over balf the total area of the island still re- it falls within the principle of doubt in the case maler unsubjugated, deems this state of things just quoted, and not only fail, but I think disa national disgrace to Japan. Ever since his missed. I pointed this out to the learned assumption of office in Formosa, the Governor counsel and afterwards the ground, for Gentral has been much concerned on this mat Appeal was put down to the fact that ter, and during his recent visit to Tokyo, hetigate these ghastly occurrences it is time thenomenon has been observed at say other time the debts could not have been excluded walted on his Majesty, and spoke of the malter to tho. Throus. Now, that General Sakuma bis I find it difficult to keep off the question of probabilities, because they figure 1, so largely retumed to Formoss, It is generally believed in argument." It seems to me that the pro that operations for the subjugation of the babilities are that the vendor wished to exclude aborigines will shortly slow marked progress,

mittee to take in hand plain and obviour duty which everybody, in authority seems to be shirking.

be

"It is to be extremely regretted that such outrages as have been perpetrated upon the Japanese is Sao Francisco of late should bare kén place, but the retail as between Japan and the United States have continued to be most intimate and cordial for the past fifty years, since the advent of Commodore Perry, and the two countries have been in the position of allica, Fromstha views taken by the U.S. Government and people on the inci dents referred 10, it can be assumed that the outrages are entirely in opposition to the principles of the Government and the nition. We are therefore confident, in view of the warm friendship existing between the Govern ments and peoples of the two countries, that's way can be made towards the fair solation of the question. We should not follow such a course as would cause us to appear enmged- and impulsive at the outrages perpetrated by a small section of the American people, por attempt to precipitate the two countries into further complications without fully considering the situation. We are therefore quite confident' that a speedy and satisfactory solution of the question will be seen as the result of the negotiations of our Government"Japa Chronicle,

THE JAPANESE FINANCIAL

SITUATION SMAS PROPOSAL TO TAX DEPOSITS. To most persons the typhoon ta a peculiar The Osaka Mailiigas informs its readers that. monster and possessed of all the terrori that go the Finance Department contemplates the im

Meer dit metal position of a tax on moray deposited in banka with mystery.

Even the chief officer of the Japanese train by private individuals. The authorities baya ing ship which dropped in hore Saturday ap-already tried to investigate the amount deposit. peared a little anxious about it and inquired ad bylndividuals, says our contemporary, but the of our waterfront Mercury just what a typhoon bankers, acting under the guidance of business To a who have lived through seven or eight attitude of the bankers has so far preventad the authorities from. Imposing a tax upon dah really is and what it can do when it tries. etiquette, strictly concealed, the facts. This yests of the tropical terror and know just what

bas decided to amand the Business Tax Law, the typhoon is the heralding of its visitation

and to imposes. Ian Epon twonbirds of the total depmits of each back, the decision ban been caught wind of by cortein, bankers,

hears astonished at the thong the melanie), and, endeavoure by Ln bu Fabar

causes no fluttering heart strings.

With us familiary has bred contempt, ***Of course the cowcomer who has his head filled with lerends of devilment and dening do on the part of our collan monster is apt to squeal when the bowl baglas, but we hire got

The typhoon, liks the bulldog in the billad. All right when you know him, but you'v

private deposit, The Finance Department