1908-03-14 — Page 15

THE "TATSU MARU.

"AGITATION IN CANTON,

MASS MEETING. CONVENED.

19

[From Our Own Correspondent,]

Canton, 6th March, 1908.

THE PHONGKONG TELEGRAPHE SATURDAY

every detail of the case. It is reported that rai fara case, telegrams were despatched to these witnesses will leave here for the Nonous centresand; in addition, long memorial in a few days' time Ma

MARCH 14 1008.

and to apologithi for the arrest. She insists, however, on detaining the arms and ammus! tion pending further investigation, for which she is nominating a third Fower as arbiter, "Japan has peremptorily“

ly refused these condis tions and intimates that she holds Herself free to take any action he pleases in the matter The seizure of the Tette Mare, she points out, is also causing considerable annoyance to the Chiness and foreign consigneers of bar cargo,

With reference to the arrest of the Japanese file by public auction some time next weet years past the Chinese bindíte bave obtained with amounts to about 3,000 tons.

stdamer Tatin Maru No, by the Chinese authorities on the charge of alleged smuggling. of arms and ammunition, negotiations are still proceeding between the parties concerned, in order to bring about a satisfactory settlement. As the Japanese Government persistently

de mands the release of the captured vessel, tha Chinese people, other than officials here who are watching closely the progress of the negotiations, are of oplaton that steps should be taken to protest against the Japanese de mands, The Colon Self-Government League, realising the Importance of the question, has Issued a circular calling a mass meeting to

• discuss the matter.

The circular runs as follows:-The Japanese almamas· Tatau Afaru No. 2 was arrested in Chinese waters for the illegal act of smuggling arms and ammunition; consequently, this vessel should, of course, ba confiscated by the Chinese Goraramentis conformity with the international treaty between the two countries. The Japan- ese Government, on the other hand, demanda itu release. It is now decided to arrange a meeting to take place to-morrow when 'all classes of the

Wat forwarded 20%.the Viceras, painting put'minutely iba illegal action on the part of the *A CHINA UNYIELDING.

Japanese steamería mer mpting to smugglaarma: As we go to press a report reaches us from and ammunition into the province, and showing a dorrespondent at Canton that, a rumour is what would be the dulcis as regards the juter current, in shipping circles there, that thereal condition of affairs in this province, and aven in the whole Empire of China, should the is every probability of the satsu Mars, can not result in a satisfacinty manner, as for together with her cargo, being put up for

their supply of arms, etc. from the colony of This report is, however, unconfirmed, and, if Maceo or by way of that port. In the memori true, gives the case a pretty serious com-al the Association earnestly requested H. E. to maintain a strong stand in opposition to the plezion in the present attitude of Japan.

Japanese domanda on behalf of the people' and CANTON VICEROY'S WARNINGS. also, on their behalf, to memorialise the Throps for authority to confiscate the seized steamer according to Customs regulations without yield ing to extraneous influences.

',".

...:

ifi DEPARTURE OF WITNESSES FOR REKING,

Canton, 10th March, The interest in the Tatsu Mars case is so very general that all the vernacular journals are exhibiting, unwonted-energy in reporting news concerning the case, while at the same time the editorial columns of the Chinese press have been largely filled almost daily with comments touching the interational aspect of the affair. By order of 1.E. the Viceroy, yes terday, the magistrates of the districts of Nam hi and Pauyu sent for the editors of the dif- 'ferent native' newapapo's to their ysmen and warned them dot to report to criticisingly in their columns concerning he question at issue, ar it is one of great importance and no ex- traneous matter should be introduced in ita

THE PORTUGUESE POSITION.

STATUS OF 'COLOWAN.

[From another Correspondent.]

¦

· A DISQUIETING RUMOUR, Tenugu New York, March 6,

Information from Washington states that it is reported unofficially from Peking that Japan hap threatened to use force unless satisfaction is accorded her in the cast of the Tart Maru Baron Takahira, the Japanese Ambassador, has conferred with Mt. Eliku Root, Secretary of State. In an interview the. Ambassador | expressos his opinion that China will yield.-

N. C. D. News,

Peking, March 6... The Japanese Minister at Peking went over to the Waiwapn and strongly protested against the seizure of the Tatsu Maru and the Wais wupu küowing that China in not strong enough to fight the case out herself, bas ordered the Viceroy at Canton to release the steamer so as to prevent any further trouble.

On the 4th March the Japanese Minister paid a visit to the Waiwupu and negotiated for four hours. China has submitted the fullowing items:

China will release the Tafes Maru and

The cruiser firmimi in reported to bave left Shanghai for Hongkong on the 26th silimo,

The Amour's Peking correspondent siates that the Portuguéis authoritinu maintain that, according to the Portuguese Chinese Treaties signed in March and December, 1898, the place. where the Tail war was seized is within Portuguese waters over which the Chinese authorities have no jurisdiction. The Japanese Minister has communicated to the Walupu the Portuguese view, adding that further delay in,

ths -settlement. of the question would only tend to magnify the responsibility which in being incurred by the Chinese authorities

It seems to us that the whole matter is one for law and evidence to decide. The Japanese determination to force the claim does not say much for a belief in the inherent fustion of their case

PRETEXTS FOR WAR,

Is a leading article under the above plan, the Bhanghai Mercury writes on the 6th inst-Relations between China and Japan Just now have rather "slaister appearance

ALLEGED BREACH OF CONTRACT

INTERESTING CARE AT THE SUPREME COURT,

A most. Interesting action, Involving a large sum of dollars, in watch breach of contract la alleged, was presented at the Supreme Court, last Monday. The case was that in which Lan "eong, Wood- and Lam: Choy, contractors, sought to recover from the Standard Oil Com pany of New York the sugi of 570,000, being for work done and materials supplied at the re guest of the Standard Oil Company. for their works at Lai-chi-kok. The Chief Justice (Sir) Francis Piggott) presided, "Mr. James Orange,”! of Messrs. Leigh and Orange; architects, walk, Su

Assessor, 20

Mr. M. W. Slade, instructed by Mr. George, A. Hastings, of Messrs. Hastings and Hastingsj appeared on behalf of the plaintiffs. The Hon.

H. E, Pollock, K, C., Sustructed by Mr. R. D. Atkinson, of Messrs Deaton, Looker and Deacon, represented the defendant fra

Chinese population are invited to attend for the discussion. H.&. has also warend the official in defining the territorial'limits of the watert i apologise for the hauling down of Japanere hauling down of the japanese flag on the gun kok, known as New Kowloon Marien Lot

purpose of making a protestagainst the Japanese demanda

CONDITIONAL RELEASE UNACCEPTABLE, A few days ago a communication was re- calved by the parties immediately concerned in the case that the Cantna Viceroy was willing to acquiesce in a conditio at surrender of the

Government and vien versa.

the Canton branch of the Imperial Telegraph of the various departments in connection with Administration not to make known any tele- graphic messages affecting, the case, that are being frequently transmitted to the Mialstry.of Foreign Affairs at Peking and to the Central Yesterday afternoon, Captain Ng King wing vessel. The Chinese Authorities stipulated that of the Chinese gunboat Po Pik, hud Weiyuan the-Tatau Afars would be released on condi-Wang and others who were connected with tion that the cargo was detained. They admit the arrest of the Japanese steamer, left bese to ted, although somewhat late in the day, proceed in Peking to attend an inquiry to be that the vessel was in Portuguese territorial held by the officials of the Ministry of Foreign waters at the time of her arrest. To the Affairs and to produce evidence justifying the conditional surrender of the steamer, the Japanese Consul at Canion' demurred. Mr. Uyeno insisted on the release of the Talm and cargo all in all. The Consular official's con teption was that, if, as, now admitted, the steamer was within the waters of Macas, the Chinese Government had no case in seeking to detain the cargo.. It is not doubted that within the next few days the Tatau Maru will be released in compliance with the joint demands of the Japanese and, Por. tuguese Consula at Canton. The next ques- tion to arise will be one of compensation, that claimed on demurrage alone for over. month's detention is stated to be a large

claims has actually been lodged with the Provincial Government at Canton,

AGITATION AT CANTON.

MONSTER MEETING-

arrest,

REPORTED SALE

The

· Canton, 12th March, 1908, As the outcome of the dispute regarding the territorial waters of Macan within which the seizure of the Tafsu far is alleged to have taken place, I have learnt on good authority. that the Peking Government bas raised the question of the sovereignty of the island of Celiwan, opposite Macao. This side issue will have a very important bearing upon the question of the Portuguese settlement. I hear that the guess sovereignty over Colowao and has ad Wai-wu pu refuses to acknowledge the Portu. vised the Japanese Minister to that effect at the same time as the Governor of Macno was aise apprised of the Chinese definition of the deliminations of Macao. The telegram, to her Coutinho was I hear, received at Macho yesterday. The request of the Japan ese Government, which had also been trans mitted to Senhor Coutinho, was to establish proof of the error of the Chinese contentions?

THE BRITISH CLAIMS.,

The question whether the arms and am- munition are in accordance with the certificates of the Customs and whether the place of an chorage of the Tattu Maruis wishìn. Chinese territory to be decided by a third power,

The Japanese Minister does not agree to this and ways he could not allow any third power to interfere with the affair as the matter only concerns Japan and China, and that Portugal being one of the parties China should not aeg,

lect her claim.

On the 6th Mr. Abe, the secretary of the Japanese Location, paid a visit to the Waiwupa and stated that all the negotiations are ended- and Japan will take her own crore. Thoai- upu is now discussing meastres to meet the circumstances,

Canton, March 16,

interesting features

The Tabs Worn seixin presents many I ho cargo of coal on 'board at the time of the steamer's Arrest was consigned to Messes, Batterfield and Swire in Hongkong. On behalf of that firm, the British Consul-General-is also under the

"The Waiwapu has ordered Chang Jen-chus necessity of conducting correspondence with

to release the 7'aisu Maru but the Viceroy will the Viceregal yamen, a feature in the case. which should be of special interest to Hong-not obey the order of the Waiwapu and the Cantonese gentry are supporting him by the kong.

holding of meetings,--Shanghai Mercury.

JAPANESE OFFICIAL VIEW.

GREAT INSULT TO JAPAN.

We understand that the following accoupl. sepresents the official view taken by the

Tatsu Mars~-~-

There is the Chiectao question, in i solf' a matter of serious difference; there are several. others connected with the situation in Mao churis,and covering matters as wide apart as the building of railways, the exploitation of mines and the opening ofcustoms stations, Lastly there. is the Tales are stair. Either of these might be made a pretext for war if Japan were so in- clined. Either might be so clumsily handled. by the Chinese officials as to give that pretext in no doubtful farm la connection, with the carrying ship, it cannot be forgotten that it was the hauling dawn of the British flag on the torcha Arrow which was the ostensible causa of the so-called Arrow war. Everybody now knows, and the "well-informed know then, that the Arrow case was, but the last straw. It provided a plausible reason for a forcible ses itement of many outstanding questions. Now experience should have taught Chins the grave error of allowing questions to pile up one on the ather, Pelian on Ossa, until patinace be

comes exhausted and the outburst comes over some trivial matter which two sensible men could satisfactorily settle in an hour or two.

Mrblade read the

the statement of claim, av follows The plaintiffs are contractors carry- ing on business in the Colony under the apme of Sing Teen and Company. The de fendants aro a company incorporated, in the United States of America and carrying on business in Hongkong. On the 3rd April, 1905, plaintiffs entered into a contract with the defendants to supply certain materials and do certain work in land at Lal-chi- No. 1, of which defendants are lessees. In porsuance of the contract, plaintiffs provided materials and plant for carrying on the work and did work on the land to the value of $136,689.39. The materials and plant on the work were, on or about the 28th January, 1907, measured and valued by Messrs. Falmer and Turner, architects, and Mr. Christopher Deswood Thomas, employed in the office of Mr. W. Danby, the engineer employed by the defendants, to superintend the darks Oo the 28th January, 1907, the defendants wrongfully prevented the plaintiffs from con- tinuing the work sad ejected, the plaintiffs, their servants and workman from the lot and took We hope that China will carefully avoid possession of all materials and plant helpbging to the plaintiffs upon the lot and have since giving Japan any pretext for action other than diplomatic. How the Tatsu Maru question is the 28th January, 1907, refused to permit the In reference to the report from Cantoo that

handled will be an excellent test as to the plaintiffs to carry out the contract of the 374. the Tatsu faru and cargo would be sold next

attitude of the two states. A vast deal has pril, 1905 On the 7th February, 1997, the week, a representative of this paper had a

heen said already, respecting it, but, en far we

through their solicitois, gave the de plaintiff, conversation with the manager of Mesars,

lendauts notice that, in consequence of tbit Ataka & Co., agents in Hongkong for the

have not heard of any independent examination icto its rights and wrongs.. It is asserted on one trouble they rescinded the contract wholly and. owners of the steamer, to-day. His firm had

side that the vessel was in Chinese waters when entirely and the contract was thereupon 18- bad no formal notice either from the Customs

she was seized, but this is denied on the other. scinded: The plaintiffs have received from the or the Provincial authorities at Canton of

[N. C. D. News.]

What is apparently admitted is that she was

defendants as and for payment for the mater- any intention to put the steamer and cargo

carrying arms. Now it seems to reasonable fals and work, the sum of $8,881.45 in cash Up for sale next week as rumoured. In

THE QUESTION OF TERRITORIAL WATERS.

see this destination of these arms could be and cement of the value of 58,710, es the opinion of Mersin, Ataka & Co. they did

Tokio, March 7. ascertained beyond any reasonable doubt. If it balance of $46,637.94 due and owing not think such a decision had been arrived

In Chinese circles, here it is insisted, that can be proved that they were consigned to defendants to the plaintiffs. On the execution amount. In the mangiime no statement of at. Had that been the ease, the owners or Japanese Government of the arrest of the the Lisbon Treaty concedes to Portugal the some responsible firm in the ordinary course of the contract the plaintiffs deposited with

the Japanese Consul at Canton would have had official intimation of the fact.

The Japanese str. Tatru Maru (3.143_regis-shore portfah only of Macao, being different of legal business, then China must pay dam the defendants the sum of $2,000 as part firm are informed that their Consular re-tered tons) left Kobe on January 36. On the hercin from the Weihaiwei, Kiaochow or ages. If they were not so seat, then Japan, security for the due performance of the con presentative in Canton was in receipt, yester morning of February 5 she arrived off Macan, Talieb Agreements, which lease the neigh has nothing to say in the matter, and if abstract-upon-the-terms-contained, in a separat day, from the Japanese Foreign Minister at and anchored at a point two and a half miles bouring water as well as the littoral to the takes advantage of the occasion to bully, she Tokin, of a long telegraphic despatch to which from the land, and was within the Portuguese respective Powers concerned. The question will condemn herself in the face of the whole of the smuggling of arms depends on the pre-world. What is wanted, therefore, is no inde Mi Uyeno has replied. The contents of the territorial waters. official ›nessages are, at the present stage of

parations made by the Talsu Maru for the pendent examination into the facts. If China demands this, and Japan refuses, by that The Tatsu Maru incident is still the all-racter and are not therefore available for

claimed by japan has no ground of reason the negotiations, of a strictly confidential cha

discharge of her cargo,

It la reported that the freedom of action refusal she will put herself in the wrong. Absorbing topic of the hour jù Cantos and

For any technical error in the pulling down publication.

of the flag sa ample apology should at once before a careful investigation of the whole case in all quarters the affair is arousing the

is finished, most iptease discussion. I.culminated in

be forthcoming from China. “A very few hours! à mass meeting, which was held 'yesterday at

AN ACT OF WAR.

investigation by competent men would settle the headquarters of the Canton Self-Government,

the matter of right and wrong, and then if League. The meeting was alleaded by all

China is wrong she would be, mulcted in classes of the community large numbers,

damages, and if Japan, the ship and its cargo numbering several thousand. At the meating

of contraband should be confiscated. Pre- judgment of the case on insufficient data is to several prominent members of the gentry delivered lengthy discourses pointing out the

be deprecated. All that is wanted is a com- unlawful action of the Japanese steamier in

monsense, treatment of the question without attempting to smuggle arms and ammonition.

bias, without prejudice, and certainly, without A map was sketched on a black board hug

anything in the nature of a threat. At the os ite wall showing the exact plice where the

moment it looks as if faulty handling wers Japanese steamer was seized whilst in the act

likely to bring about a ruptore, in which case of unloading arms. The purpose of the map

It would seem that both parties would be to blame. was to assure the people present that it was in Chibeie waters that the vessel was arrested. It was also stated that it had been the custom for years for foreign steamships to apply to the Lappa Customs for a permit--when discharging cargo and other goods in the vicinity of Leppa, In Chiness waters; but on the present acca. sion the Japanese steamer in question did not conform to the usual custom and to Treaty obligations. In the opinion of the speakers Reps should be taken to strongly resist the Japaness demands doyarder to secure the sovereign rights of China on its own waters, In case of failure to bring about a satisfactory issue by having the steamer, and its cargo con. fiscated, it is feared that smuggling of arms and ammunition into the interior of the pro- vince, can by no means be restricted in the future. The meeting resolved to wire to the Grand Council of State, the Ministry of Foreign Affairs, and the Cantonese officials' at the Capital to the foregoing effect requesting them to maintain strongly their decision lo opposi tion to the Japanese demands. It was also decided to wire to the Cantopese people residing in foreign countries and the people of the provinces throughout the Empire to Join In this protest, and to solicit subscriptions to defray any expense incurred in connection. with the case."

Canton, ÿth March...

It was further decided to prepare a statement showing every párticular relating to the arrest of this vessel, and to send copies of such state- ment to all native papers rt the different ports and in foreign countries, and also to translate "the statement into English to be published in

the foreign Press,

The boatman, Leung Chow Les, "who, was engaged by the Portuguese to tranship the arm from the Japanese steamer, is now detained in Canton, and be car, in all pro. bability, give farther evidence as to the intended, act of unloading arms and ammunition into bis boat from the steamer,.

AGITATION IN CANTON S

CONTINUED.

GUARDING OFFICIAL SECRETS.

Canton, with March. The Canton Self-Government Association has again chovened another meeting to take place on the 13th instant, for the purpose of adopting deman for the release of the ss, Talsu Maru, further measures to protest against the Japanese The League has also again despatched tele- grams to the different ports to representative bodies of Chinese, residing therear, laying siress on the importance of the case and re. questing, all Chinese people to co-operate in their action so as to strengthen the hands of the Government in dealing with the cars in an effective manner

It is reported that H.E. the Viceroy has dis missed two members of the Secretariat of his Yamen, for having disclosed cestain confidential matters relating to the negotiations in reference to the Tatru Maru case.

CANTON VICEROY,CONFERS WITH BRITISH ADMIRAL.

THE COMMANDER-IN-CHIEF'S SUGGESTIONS.

[From Our Own Correspondent.]

Canton, 12th March,

The rifles and ammunitions in question were firm of Macno. Prior to the bargain, however, sold by the Awaya Co. of Osaka to the Ataka

The Ataka firm applied, for permission to the Portuguese authorities at Macao and obtained special permission forthe importation of ninety- four cases of rifles and forty cases of ammuni- tion, which were loaded at Kobe. For the exportation the Aiaka firm got permits from hoth the Kabe Customs and, Kobs Water Police, and, moreover, specjal permission was given to load ammunition within the harbour. All the necessary formalities were complied with openly, and the alleged fact of smuggling cannot be traced at all,

11

Tokio, March 8. The Tokio authorities declare that the

the japanese flag - on lowering of

the Tatiu Maru was inter alla tantamount to hostile action and does not require in vestigation A noted publicist instances, the French occupation of Beirut in 1898 and Ger- raany's continued occupation of Kinachow, Some papers are giving prominence in their columns to the movements of japanese men of war; but hitherto 11 in significant that no naval move has been taken.

31

FUTURE SUPERVISION. While vigorously pressing the Walwapo for satisfaction, Baton Hayashi, the Japanese Minister in Peking, is rumoured to have warn ed the Tokio Government that it will be well. to exercise stricter control over the export of arms in view of China's nervousness with re- gard to revolutionaries."

In the afternoon of the day of the arrival of the Tatsu Maru, however, Chinese men-of-war suddenly made their appearance and surrounded the steamer, Then two hinese officers, with more than twenty armed. sallors under their command, came on board the Tain Mars and told the caprain that she was seized by the Chinese authorities, as she was smug- ling arms and ammunitions. The captain pro tested in vain, and the Chinese officers lowered the Japanese flag from the top of the mast, and hoisted a Chinese flag instead. The Tate Maru" was then ordered to proceed to Canton, but she could only go to Shamera, where sho

The 'following' items are faken from the now remains.

„Japan Chronicle of the 29th alt, ;- There is no necessity to comment on the Onthe 24th instant Count Hayashi, Minister illegality of the seizase by the Chinese authari- of Forei a Affairs, issued instructions to Mr. ties with a the Portuguese territory. Conceding Hayashi, Japanese Minister in Peking, 10 for argument', sake, however, that the Japan-demand from the Chinese Government that the ese abip was at the time of seizure within the local authorities responsible for the detention Chinese territorial waters, the mere fact that of the Tolig-naru, should release the steamer she was preparing to unload her cargo does at once, as requested by the Japanese Govern not constitute the action of smuggling arms ment, and ammunitions to Chinese territory, be.. A Peking message to the Jiji-states that the Chinese Forelkn Office, which is 'of the same cause the place where the Talsu Mary was stayings was the usual nochorage for large opiolon us the Viceroy of Kwangtung on the vessels which cannot go into Macas barbone, matter, still insiste that the Taleu-maru case. As the action of the Taten or cappot ba should be left to the decision of the Customs reckoned as smuggling, there is no reason to authorities. The Japanese Government has deal with this question in accordance with the absolutely declined to consent to this proposal, rule of mixed investigation prescribed in and no reply has yet been made by the Customs rules in the case of confiscation of Chinese Government. The delay in giving an anthorities. Especially doswer is said to be due to the "obstinacy" of

should it be

On Saturday last the locking Telegraph announced the fact of Ad Sir Arthur Moore's visit to Cantos, andpumparting that information to its interested readers in Canino, remarked that "it was hardly likely that the British Admiral's visit could have any bearing on the question of the arrest of the ss. Talis Maru last month, which had since been the subject of negotiations between the three goods by the ikat the seizure was not the Viceroy of Kwangtung. Governments concerned, viz, the Govern-effected by the Customs officials, but by a Chi A Shanghai message to the Asaff states tha! ments of China, Jep n and Portuval, That was a significant paragraph, and readleg nese naval force. This constitutes veritable the Viceroy of Kwangtung has discovered warlike measures which cannot be adopted in proof that the arms and ammunition carried between the lines' much cou'd be deduced as to the purport of the Commander-in-Chief's the time of peace, and is another reason against by the Tartu-wars were destined for the re

intended to send them into the interior of visit to Canton. As is now known, in spite of the application of the rule of the mixed investi-volutionists; taking refuge in Hongkong, who Viceroy Chang's indisposition, H., made it a gathon to this case.

The lowering of the Japanese flag,, and the China. The evidence has been forwarded to point to hold a conference with Admiral Moore.

the Peking Government. on Sunday, who was accompanied by Mr. replacing of it with the Chiotso one, are a Mansfeld, the British Consul-General. A very great insult to Japan. significant report appears in the columns of the Chinese newspaper, the Awok Sur Po, os whose nuthority 1 learn that H,E. the Viceroy has forwarded a telegraphic despatch to Peking to the following effect.

Recently HE. had a conference with a certain foreign Admiral. In the course of the conversation this high naval official suggrated that a third Power should be asked to mediate in setting the differences regarding the case,

‛'

+

According to a Peking dispatch, the Chinese Foreign Office' made repiv on Tuesday night' [N° C. D. News].

to the repre entstions of the Japanese Minister an.ibe Tabu-ifaru question but it is said that DISPATCH OF JAPANESE MAN-OF-WAR.../

the reply was vague and indeficits. On Wed: Tokio, Masch 3 The man-of-war found arrived at llongkong the Foreign Office, where he had an interview nesday afternoon the Japanese Minister visited yesterday.

Chica's reply to the Japanese representationsed that the Viceroy of Kwangtong, should be with Yuan Ski-kaland Nah Tong, and demand. touching the case of the Taliu Mars, which instracted to release the steamer, make as was fixed for delivery on February 29, bun sot apology for the insult to Japan in hauling down yet been received.

the fag of the steamer, punish the officials re- pay damages for the retention of the Tafsu Maru

CONSUL-GENERAL SUN KETURNS HOME.

ate agreement of even date, whereby 10.. was agreed, inter alia, that the defendants. might invest or use in their business, the summe of $2,000 and were to be entitled to relain to themselves absolutely all-interest, profit, or come arising from the sum, but ibë defendanşu:). agreed to pay to the plaintiffs interest. on the sum of $1 000 at the rate of 10 per cent, parieta annum. The consideration to the plaintiffs for the agreement was that the defendants would permit the plaintiffs to carry out the contract and make such profit thereon as they lawfully and, might. The consideration for the agreement, has wholly failed, but the defendants have bad Aufl., the benefit of the sum of $ips from, the 3rd Apřil, 1905, to the present time. The defen dants have not repaid to the plaintiffs the sum of $2,00 or any part thereof. The plaintiffs claim-(1) The sum of 545,637.94, (2). The sum of $2,000 and interest at the rate of 10 per cent, annum from the 3rd April 1995, to date of payment or judgment.

For the defence it was maintained that the plaintiffs did not provide materials, and plant for carrying on the work to the valus of 5136,689 39. The plaintiff noder a certain con dition of the contract was responsible for all damage of any kind, strictural or otherwise, ARRIVED IN HONGKONG LAST WEEK. that might occur to defendants property, and they were also reponsible for all injuries caurad Son Sze Yee, the Chidese Consul-General at 10 the works by the inclemency of the weather San Francisco, returned to Hongkong on the and were bound to re-instate all damage. Hongkong Maru a few days ago on a year's and to thoroughly complete the work. Plafon leave, The cause announced for his return is tiffs were accordingly only entitled to ba the desire to be present at the burial of his paid for the materials and work in the con mother, who died in Canton ten months ago.dition in which they were on the 20th The Consul General applied several times for January, 1907, and not in the condition lio leave of absence to perform this filial duty, and which they were after the typhoon of 18th the permission was Soally granted. He met September, 1506, Defendants denied ejecting his brother, Sun Sze Dio, who is Consul to the plaintiffs at their servants-from-the work Shanghai, in Hongkong,. and together they They hold that plaintiffs did not do the work will go to Canton to be present at the last jites with reasonable expedition, caused by the in- over their parent

sufficiency of workmen employed by them. Sun See Yep went to San Francisco in fuly, Defendants stated that plaintiffs were 'notā 1906, and did much good work among the local entitled to any payment whatever in respect Chinese. In appreciation of his services his of the work done by them on the plerro Government increased, the importance of the perdo and the sea-wall on top of it owing past and Sun, Sza Yeo was made' Consul- to the pierre perda being negligently and General. One of the principal things accom-improperly constructed, as it slipped and plished by him was the bringing about of peace | brought down with it an considerable between the Hop Sing tong and the Bing portion of the wall. They also failed to dll in Kong tong

behind the east and west rubble mounds which The societies, had been carrying on a blood

was responsible for this being demolished feud for years at Frisco and bad sworn to wage during the storm. The defendants, therefore, war of extermination. Through the efforts claim damages against plaintiffs at the mate.of peace agreement is the presence of Chief of fixed for the completion of the work) til! roth," of an Szt Yes they were induced to sign a $75 per diem from 3rd April 1907 (the date. Police Biggy.

17 March, 1908-making, 343 days at $75 per That the agreement was genuine one was day, $35,725, evinced on the afternoon of the 8th ulto. Proceeding, Mr. Slade said. what the

that when the principal officers and the fighting | Court had to decide wat as to what work was k men of the two societies gathered around done by the plaintiffs in, this past, Apart the banquet board is the rohm of the Six omtha difistences based on the forms Companies and aterice together. The Consul of the contract, the defence, he said, sat Geners was present and cautioned them to up that the damage done to their works

their kesp #greement:

during the typhoon of 18th September, which plaintiffs executed the work, that go6, was caused by the negligent way in

the works were weaker than,they ought to have been, and consequently easily desimyed, by the fury of the elements. Mr. Slade observed. I how to the will of the Consul General, that the work was executed in accordance

**works, - Il the works work waakiit was not they heart failure.

Hew Kong's society is the richest and most fault of the plaintiffs, but the faulty design, influential in the querter and great indigeation The defendants claimed to have been entitled was caused by the affair. The dead man was in turn the÷plaintiff off the works by rensán very old and was all the more honoured for that of the delay in carrying put the work, and For a time it was whispered that Sun Ste Yee of the Jusufficiency of workmen engaged by would be recalled because of the episode, for them. Counsel explained that whatthardes Hew Hong's family is very influential in China. fendants Jusined in doing was to repairs all The funeral of the dead president was the error.in design at plaintiffs expense; that thi largest held in the felly since Lutie Pete, the delays were caused also by faulty estimates

of Sun San Yea was the death of How Kong, The only unpleasant episode of the regima

President of the Yeong W. Society in the office of the Consul General San Sz Yea was rebuking that official violently...

It was also stated that the opinion was that the China is till Insisting on a joint inquiry by agreed by all to adopt the scheme of boycotting seized vessel should by no means be released the Imperial Maritime Customs. But, this ponsible for these unlawful proceedings, and said Hew Kong and fell to the floor dead from, with the design of the engineer in charge of the

..

The meeting also resolved to request all Chinese who are well versed in international Treaties and laws to make suggestions on the legal aspect of the case with a view of opposing the Japanese in their demands.

During the proceedings at the meeting it was Japanese goods "should the Chinese Govern- ment fall in their proteit se

at this stage, so as to, prevent any unexpected Japan peremptorily refuses. When the vehement speeches were being de- circumstances arising that might tend to farther livered, a certain, man voluntarily, subscribed complication, when the question will be nur- -Sico towards expenses for telograms, etc, He rounded with many more difficulties, The Ad- was asked to put down his name on the submiral also declared that the smuggling of arms scription list, but he refused; and it is recorded and ammunition into the province was a matter on the list as “A nameless man" who subscrib-affectingthe commercial interests of his country, ad $100.

and that he would himself do all he coold within By the time the meeting was ended a consi- reasonable limits and in cnoformity with the derable sam of money was collected among treaties to bring about a satisfactory conclusion thone present.:

should the Japanese Copiplat Capión fail to con come to an understanding with the Canton authorities towards the desired end,

Another telegram also quoted from the Amel. fro Romates that ME. Chaog Has wired to the Ministry of Foreign Affairs to the effect that, if Japanese mes-of-war were really being despatched to the port of Canton, they would be. accorded a most friendly reception. into Chinate

The meeting proved to be a great success and lasted until.3 o'clock in the afternoon.

Telegrams were then drafted and despatched to the Capital, and to foreign, coguiries as mateklaborate

and that delays were furthermore caused, by

CHINA'S REFLY.

Tokio, March 4

JAPANESE "PATIENCE" EXHAUSTED. : The replies of the Peklog Government and. The Japan Chronicle, of ist inst., says :-The the Viceroy at Canton have been received in Chinese continue to maintain the justice of the Tokio to day, and though China does not so seizure of the Tatsumaru and the Japanese to cessarily reject Japan's demand for the immefulminate against it. A Tokyo dispatch states alate release of the Tatsu Sfars, with an apolo that Mr.. Hayashi, Japanese Minister in gy and compensation for her seizure, the reply Peking, acting under instructions issued by the is slated to be unconvincing, and unsaliz: Tokyo Goveromaat on the 23rd stumo, has | gambler, was carried to the grave o masien be defendantel mistake.in:salting.ont line on factory,

been pushing forward negotiations for the te When Spa Sta Yes returns to Frisco The Japanese authorities emphasize the fact lease of the Tata-ware and means for obtain will hold the mat of 'Poi Pai, a title one which was to be erected a foundation-wall that they will take what stops they deem suiting, redress, for the seizure, but the Chiqors degree higher than the one he held. He will That lice, Mr. Slade pursued, had to be altered able if China remains evasive, on the failure to Government has been procrastinating in the devote all his attention to educational work in on no less than five occasiout::When the job make reparation for the outrage will be a maller and endeavouring to protract the America, Chief of Polica Diggy was notified by | was nearly finished, defendant's buld it wa constant threat to wessels piring in Chinese negotiations without giving any definite the Consul General of the final ratification of all wrong, and the work bed to be started over waters, N

On the 17th ultime (the Japan - the peace agreement between the Bing Kongs afreak; o A mistake was also made in Survey-" Bushing and pláinilis wars called upon; to execute exhausted and entered upon what is described

COLLECTING EVIDENCE. In accordance with instructions from the

GOREPORTED ACTION DY PORTUGAL S Ministry of Foreign Affairs H., the Viceroy

Mejilla Tokią, March 5. has given orders to Captain Ng King Wing waters, in the same manner as vessels of other: The Portuguese Minister in Tokio is a pase algorous negotiation. It is stated that the "THE" Kawasaki Dockyard Company has ap for which he received no extra pay and Walpana Wong Yau-tong to proceed to nations H. E requested that the Ministry senger on board the R.M.S. Emphair of Chlen. Oblasse Government does not absolutely insist plied to the authorities for peralission to consequence of this extra work pla Peking together with the pye witnesses of the should adhere firmly to their decision in the It is reported, that he is proceeding to Peking that the Chinese apthorities were right instruct a line, about 15 chiles in langth, to were cripplad and they had arrast of the Japanese steamer Taffy Mars protest agelast the demands of the Japanese in connection with the case of the Tele Mark lang the steamer, and the seulement of the connect the company's

gake extra men, Hut fos all these No, and also to those who are in Lay way Government.NAM

yataan 2

question will probably be eventually left to the Shiriike by rail with thi

work could exsiļ” Airë, bër CONTINUANCE OF THE DEADLOCK Viceroy of Kwangiang for settlement. The of the Sanyo lion. This

Teak Tokio, March 6 memage addi that the Jameela Gorgument preliminary to the cat

Fermaida anki Dockyard Cand tasked kar readiness to relexsy i'm ¡y se da y quadron to back up

Tere `Minister: stated' that bit patience', was, "and the Hop Sing Me Ni nini anda:bálf fuchas more work un the

connected with the cass in order to have these THE BELY GOVERNMEET KÉSOCIATION'S

- mentis vastigated, before the officials of the pro

Minikfy, z,1,has been reported that Captaing Afturshe first atrofing of the Canton Bell-y

që hapës panad altaport and sistemasi diring Coversment Association, with not dramon kaike Zahe Tatie Here on the depsation'sŬ BECUESZ) making on

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