1908-09-29 — Page 4

Entimations.

THE HONGKONG TELEGRAPH TUESDAY

importance to the close attention given to business by German houses, and to the fact that the representatives of German firms works log in Ching include a larger proportion of men who speak Chinese than xro at present.

A. S. WATSON & CO to be found among those acting for British

LIMITED

ESTABLISHED (A.D. 1845.

ABRATED WATER.

houses, Oh being asked whether he was able to indicate particularly the foreign countries now competing most seriously with Great Britain in the markets of China, Sir Robert

Hart remarked :—"There are fourleen or

Obligation of Landlords.

THEIR REQUIREMENTS TOWARDS TENANTS

IMPORTANT DECISION, BY THE PUISKE JUDGE.

Typhoon Warnings.

SUGGESTIONS FOR IMPROVEMENT.

NDATIONS.

FATHER ALGUE'S" REC

. We have receive

erce for publication:

by correspond

Editor, Hosgkong Telegraph. to the Supreme Court, this moralce, the Walle in Manila I had ao interview with Puisse Judge (Mr. Jumico Gomperts) gavo -his reserved judgment in favour of the plaintiff in aber Algue of the Observatory. It develop the case in which Mr. P. W. Goldring, a solicies in the course of conversation that to further tor, of the firm of Goldring, Bartow and Mor. safeguard Hongkong from typhoons the scles fifteen Treaty Powers, all more or less reprerell, claimed the sum of $500 damages from ist much wishes there were communication sented in the trade-with-China-but-the the Humphreys Estate and Fisance Company,

with the islands that lie between the northern bulk of the business is still in the hands of Limited, for alleged breach of contract. The extreme of the Philippines and Formosa. It the British. The foreign trade is shared by plaintiff in his claims alleged that the defendant appears that enain of the typhoons which ravage Hongkong sweep through this channel, MANUFACTURERS. Japan, America, France, and Russia, and firm failed to comply with an agreement from which co observations can to secured be

also, to a smaller extent, by other Powers, whereb: they underinok to keep the roof and

cause there is no telegraphic communication" But I could not say of these that Germany exterior walls of he premises he eccupied at proper state of repair and is competing most seriously with Great Kowloon in a Britain. During the last few years France amendment. has been paying more attention to Chinese trade than ever she did previously, and her enterprise is seen in the many merchant ves sels that now fly the French flag along the cost of China. The Japanese are very active, and are taking part in every "branch of trade all over, that country. As

THIS SEASON'S SPECIALITIES -

Lime Fruit

Champagne, Dry Ginger Ale; Lemon Squash, Champagne Cider, Orange Champagne.

WATSON'S

FRUIT

SYRUPS Mixed with Aorated or plain water make

DELICIOUS' COOLING,

DRINKS

A. S. WATSON & CO.,

LIMITED.

HONGKONG, CHINA AND MANILA,

ESTABLISHED 1841.

Hoogkong, 29th September, 1908.

ון

NOTICE.

All communications, intended for publication in "The HONGKONG TELEGRAPH bould be arewed to This Kaitor, 1, Ice House load, and shaild be accompanied by the Writer's Name and Ordinary bandes communicates should be addsowed

Addres

In the course of his judgment his Lordship said that he had decided to give written judgment because the principles involved did not seen to be covered by authority The plaintiff, he said, was tenant to the defendant company of a flat on the second floor of 4. Robinson Road, Kowloco, for one year from 1st November, 1997. There was an agreement by the defend unts as fandlords to keep the roofs and exterior

The stormas which thus pass North of the Philippines do not affect those islands them" selves, and the Philippine Government de- clices to assume expense of establishing the desired communication for that teasen, Father Algue gave me to understand that it an observer with cable communication had been stationed on these island, that it is possible. the serious typhoons of 1956 and 1908 could have been forecasted a day and a half or two days in ad- vadce. Most of us know, little or nothing

deal. His insistence that it would be very beneficial to Hongkong if this city had the benefit of observations on the Batanes Islands is important. In order to give publicity to the matter I append a letter received by me from Father Algue,

they speak Chinese, are living under a sky walls of the premises in proper and fennotable about storms, but Father Algab kanwi a great much the same as their own and are close to repair and amendment at their own cost. His their base, they enjoy many advantages which Lordship then proceeded to explain that the other countries do not possess. The Brit-typhoon of July 28th caused some dampness in ish merchant goes to China to do a big, but the ceiling of this house, and a later downpour siness. But the Japanese, who is working caused leakage, doing some damage to plaintiff's almost at his own door, if not doing a big personal effects, for which he claimed Stoo business, is quite content to do pediar's damages. work. Some of the Japanese firms are, however, carrying on a very large business, and they own steamships which form a very important feature the shipping, not there

No structural defect was alleged and it ap peared that what damage was done was caused by the accumulation of water on the roof owing to the gutter pipes becoming Llocked. They were found to be choked with rubbish and

ly on the coast, but also in the regu-grass, loaves of trees, and "black maiter,” and lar means of sea communication between also with, plaster from the wall. The defence China and other parts of the world." was ibat a long line of cases, commencing in With regard to railways, in relation to for 1872 with Makins v. Atkinson, L. R. 6 Ex. 25, eign commerce, he observed that: "Although

had established the principle that a landlord's covenant to repair was to be constructed as a

AMOS P. WILDER, American Consul-Gzgeral,

Hongkong, 29th September.

The Government of the 1 kilippine Islands, Weather Boreau, Central Office.

Manila. Sir-Referring to, our conversation on the occasion of your visit to Manila Observatory, 1 beg (o say that, while there is no absolutely certain means of guarding the British Colony

small, but violent typhoon", mitters could b

1908

IGN O "PREMISE

FBCTED

· COMPREHENS VE, DYE-LAWBE

As the result of, the report of the Committee appointed-to-report on the by-laws for disine fection of infected premises, a comprehensive '90s of bye-laws.was placed before the Sanhary Board this afternoon for its consideration. The bye-laws are divided into three heads, viz.,.— (1) Disinfection of infected premises, (1) Re- moval of patients, and (3) Preventios and mi- tigation of epidemic, endemic, contagious or | infectious disense. The following la the open-

ing paragraph of the bye-laws

In the following byolawa, the words "epi- domic, endemic, contagious "or" infectious disease" shall mean and include bubonic pingue, cholers, small-pox, diphtheria, scarlet

Telegrams.

" HONGKONG TELEGRAPH;

SERVICE

SUICIDE OF SHANGHAI DENTIST

MR. WARD HALL SHOOTS

*HIMSELF.

[From Our Own Correspondent.]

Shanghai, 29th September,

8.10 p.m.

Mr. J. Ward Hall, dentist, of 2, The Bund, committed suicide by shooting himself with a revolver to-

fever, typhus fever, enteric lever, relapsing fever and such other diseases as may, from time to time be dificed by the Board. by reso tution. The words "infected premises shall day. mean and include any premises in which any It is reported that Mr. Hall's rush person suffering from any epidemic, eademic contagious or infectious disease is, or has beep, act was the result of temporary recently located, and any premises in which sunity. He had been bitten by any animal infected with bubonic plague or

dog and, fearing hydrophobin, dead from the same has been found, ***

The bye-laws end that tim

driven to self-destruction.

For the purpose of these bye-laws, any mèm. ber of the Board or officer of the Sanitary Department may enter premises without notice between the hours of 8 am, and 6 p.m.

"The Hon. Mr. H. A. W. Slade minsted -

Measles and whooping cough can at any time -be brought into the definition by special resota-

tion of the Board if it is deemed necessary.

Mr. A. Shettos Hooper-I do not think meziles or whooping cough should be included In the 'definition.

CEMETERY BYE-LAWS,

MR. HOOPER ÁGAINST "JÓSS" STICKS.

Following is the report of the committen sp-

1.-The commilled recommend that 'the

POPULAR BROKER'S DEATH.

3.10

THE LATE MR. EDMONSTON.

[From Qur Own Correspondent.]

Shanghai, 29th September,

p.m. Mr. L. C. B. Edmonston, the popular exchange broker, of the firm of Edmonston and Maitland, died from an abscess of the liver. last

of Hongkong against surprises in the nature of pointed to consider the Cemetery By-laws Bight.

damages could be recovered unless the tenant Aparri, on the island of Lery, and Formosa, the accompanying diaf bye-laws. had given the landlord notice of the defect, by erecting in the Balington Chuubel a station

The amendments are as follows: This doctrine the plaintiff fully admitted, but | taving telegraphic commusication either with he pointed out that the ratio decidendi of all || Manila or Hongkong, or, preferably, with both

lord

these cases was that the premises being demised to the tenant and in his possession the land- was not at liberty to visit them to ascertain their condition and that he was therefore dependent on the tenant for informa" tion as to their state. It was urged, he went on, that where, as in this case, the tenant was merely the occupant of a fiat, the landlord retaining possession of the roof, was bound himself to make such inspection as may be accessary to enable him to fulfil kis covenant.

The most suitable point for such station is Santo Domingo, Batsons Islands, But a well nigh insurmountable difficulty lies in the cost A.cable from the said place to the bearest integraph station” on Tadd, à distance of 174 sautical miles in the airline, seems out of ques- tion. Moreover, the land line from Aparri to Manila can never be depended upon during the typhoon season.

A. Cemeteries other than Chinese cemeteries, Section 4. Six feet amended to five feet. Section 5. Children' and members of the

same family may be buried in the same grave provided there is at least 30 inches, betweep the ground surface and the top of tha' upper-

most coffia,

Section 7. The words" "or chunam" are de- leted.

THE JAPANESE BOYCOTT.

SINGAPORE FIRM MULCTED.

[By courtesy of the "Shaung Po."]

Singapore, 28th September.

A certain Chinese firm here which imported merchandise by mistake from a certain country has expressed

Section 8. Permission for re-opening of its regret to the local Chinese guild] grave to be given by the Board.

and its willingness to in the sum of $1,500.

Section 9. Is made more definite. Additional sectious are added, setting out that certain parts of the Colonial Cemetery. in classes of persons with power to the _should_be_set_aside_for_the_buriel, of care. Board to grant exemptions; and also a section. prohibiting the burning-of incense-sticks-and the firing of fire crackers,

Guaranteed to be made from the Chinese are beginning to manufacture covenant to repair after notice and that no vastly improved by closing the gap between cemetery bye-laws be amended in the sense of

PURE JUICE OF FOUND RIPE slightly for themselves, the demand which FRUIT.

the extended railway system is likely in cause will be an ever-growing one. So that I believe we may confidently look forward to a constant increase, and not a decrease, in the trade with Chiqa. The railway idea has taken possession of Chine, and a few years hence the country will, as far as railways are concerned, be very much like a spider's web. Chinese drivers are in charge of all the trains on the Chinese railways; they do their work splendidly, they keep capital tinic, and there are very few accidents. The Chinese Go vernment guarantees interest up to a certain point-in-respect of these lines, and, of course, it has the right to take them over at a future period." At the "conclusion of the interview Sir Robert stated:"I am an optimist, and I look forward hopefully to the future of China in every way, but the country requires time. The real parent of progress is a felt want, and China must be given time for On September 23, 1958; at Shanghai, the carrying out any plans for the develop ment of the country. There is no special anti-foreign feeling in China and certain- ROSE-O 18th September, 1908, at Goolis ly no jealousy towards British traders." lan, Condoit Road, Hongkong, ELLIE B.This is good news for the British traders in (May), the dearly beloved wife of Thomas I Rose, aged 47 years.

(879 China, especially for those in Hongkong,

and it seems highly, probable that the long deferred visit of Sir Robert Wirt to Eng-lord was necessary. If that was so, what was The Court found that no notice to the land land, and the concise and extremely prac tical interviews which he has accorded the the liability of the landlord under his covenant? In this case it was an express covenant and press of the homeland, will result in closer

not implied, from the circumstances of the case trade relations and greater enterprises be that pointed without giving a decided opinion. tween China and the mother country to the He was inclined that it made no difference and HONGKONG, TUESDAY, September 29, 1908. mutual advantage of each,"

that the covenant must be construed merel

merely as | entailing the obligation to use reasonsble care

to keep in repair.

to The Manager, je

The Kaiter will not autertaxe to be responsible for kair rejected” MA., nor lo retum any Contribution.

"BIRTH""""

Wife of CHARLES E. LINTILAC, of a SOD.

15 DEATHS.

On September 23, 1998, at Shanghai, the infant son of Mr. and Mrs. J. C. SHENGLE,

aged 6 days,

The Hongkong Telegraph

BRITISH TRADE RELATIONS WITH CHINA,

LOCAL AND GENERAL.

It has been suggested to me, that a wireless telegraph station would cost vastly less than a The Puisne Judge thought it clear on the cable and would probably prove much more facts that the plaintiff had not under bis efficient. Such an apparatus, capable of end agreement of tenancy possession of the roofing messages to a distance of 500 miles, if or light of access theiclo, nod that he bad. installed at Santo Domingo,-could-communi- no means of ascertaining is condition. The cats directly with the wireless station of the circumstances seemed to make it clear that the British Flest at Hongkong and the stalion of principle that notice must be given by the the U. S. Army at Manila, The co-operation tenaut was fundamentally based upon the cir of the military and naval authorities could be cumstances of the tenancy. If nolice by the secured without difficulty. tenant was pecesary—if and when the landlord-Ag additional safeguard, which together with had parted with the possession and control of the former would almost completely elizpiante the premiser-il seemed to follow that notice was necessary where defects arose lo portions of the tenement retained by the landlord in his own bands. The tenant in this case bad ao means ef knowing the state of the roof and gutters, but the landlord had.

"

The defendant firm would then be liable if

they had not done all that was reasonably ne cessary, but not unless, Mr. Justice. Gomperti continued. Have they then been negligent? he asked. He felt, he said, considerable diffi- culty in answering this question, but he was bound to give the decision which he bad reach. ed. He thought it was clearly the landlord's duty to inspect and not to wait for com plaints from the tenant. The landlord, put sibly, did not realize this, and he probably considered that he did his duty if he repaired with reasonable expedition any defect reported by the tenant The defendant company, he bad become choked by gradual accretion of thought, was in this dilemma-either the pipes matter extending over a long period of time of the obstruction was the effect of a storm of almost unparalleled violence which caused very great damage to bonse property, particularly to roofs. In the first contingency inspection at The Ministry of Agriculture, Works and Com-regular intervals would have shown the neces mr ce bas decided to exploit the petroleum -the second, the storm caused a state of sity for a periodical cleaning of the rain pipes. deposi's in the district of Yenan, in Halen things which inspection would have revented preferire, and the industry is to be a Govein- and which was bound to result in damage un- meni masapóly,

leis attended to is season, and is either event

1

THE programme of the Hougkong Volunteer Everybody who knows Sir Robert Hart is Troops and Hongkong Gymkhana Club at aware of his optimistic attitude which he home" is unavoidably held over from this issue holds with regard to the future of China, an attitude which-is endorsed and subscribed For refusing hie when called upon by Mr. to by even the vèriest neophyte of Chinese Chas. Davis, of the Kowloon-Canton Railway. conditions. In a recent interview the Inat Hunghom yesterday, a ricksha coolin was spector General of the Imperial Maritime fined $; at the Police Court, this forenoon. Customs has been giving very sound views Iris eponed from Peking that the Waiwnpa on some of the characteristics of trade in has telegraphed to Sir Robert Hart to return to China. He repeated the old advice which Chin. at his earliest convenience, as bis advice British Consuls in China are never fired is greatly needed on ficancial questions. of presenting, that British merchants and IT is stated that the Central Government is traders generally, if they wish to acquire a dicussing the feasibility of putting heavy duties larger proportion of the trade with China, on all articles of luxury and valuable works of should give more consideration to Chinere art and antiqulty, in the same manner as is lastes and accommodate their supplies to done in Japan. the demands which exist within the Middle Kingdom. He was not prepared, he re- marked, to say to what extent it was a fact, but the Englisman, was 'looked upon as very conservative in his business methods in respect alike of what be supplied and what

-1-au-Viceroy-of-Manchuria-returned to Mukden be demanded. On the other hand, Sir on the 17th instant from bis visit to Port Robert declared, the German merchant, Aithus, Talien and Nowchwang. During his who during the last twenty or thirty years visit to Port Arthur Viceroy, su Shih-chang has entered very strenuously into competi-subscribed $1,500 to the Japanese Red Cross ⚫tion with the British merchant, is regarded Society.

deck.

as representing the class who are ever ready A FINE of So, with the alternative of one to study the wishes and wants of customers, month's bard fabour, was imposed on a cattle and to do their best to meet such require denter in the Police Court, to day, for causing ments. There must, however, be many Deedios suffering to calls at Kennedy Town Englishmen who are anxious to find out last night. The cowr, we are told, ware over- what their customers want, with a view to crowded in the fuck and fled head down to the please them, and at the same time there are many Germans who supply only what their manufactories can produce. But it "must always be an advantage when a serious effort is made to accommodate business to the wants of customer rather than to limit consumes to the using up of particular productions, The Inspector General also attached much

TARRE was litile, hastily suppressed choosing when the, jury returned a verdict of “not

gully" on the capital charge in the Stevenson case. The City Magistrate, and s representa tive of the Shanghai Tantal occupied a seat in Court throughout the proceedings. When the jury retired the back of the Court was packed with spectators--N, C. D. Nasi

be considered the landlord had not discharged _his_dnty to the tenant.........

Ho must therefore give judgment for plaintiff of damage to the Registrar with costs, and refer the question of the amount

the danger of surprises would consist in quipping all the steamers which ply regularly in these waters, with wireless apparatus. Even if capable of sending messages only to distance up to a50 miles, the case wou'd be rare ia which timely warding of some prowling typhoon either to Hongkong directly, or via Santo could not be given by at least one of them,

omingo, or Manila:

However, all these preciulions entail very great.expenses, and I fear that things are bound to continue as they have hitherto. Very re spectfully..

~(Signed}, }OSE ́ALGUE,

Director, Weather Bureau.

CHOLERA IN MANILA,

FLEET'S RECEPTION.

The Coblenços American, of 26th inst, con

lains the following..

B. Chiness Cemeteries,

and so is also the last part of Section 13

Section 14 is delated 'as it was ultra-wires,

mulated

Thus has the matter been settled.

· UNCLAIMED CARGO.

VESSEL IN SINGAPORE ROADS,

[By courtesy of the "Sheung Po...”]

Singapore, 28th September. There is at present a large vessel

the value on a certain country to

$10,000 lying in the

Sections 16, 17 and 18 are amended as re-, gards covering al graves, and permission of the Board is necessary for re-opening a giate, that $10 is too much for a site in Section D. of

Mr. Lau Chu Pak minated ill maintain with goods the Chinese Cemeteries. Sto is reasonable. Byclaw No. 12, probibiting the burning of

Mr. A. Shelton Hooper-In the proposed Singapore roads. incense sticks is the Colonial Cemetery, 'I ed for "inceola."

No consignes has come forward recommend that the word "jess" be substitutto claim the cargo.

TYPHOON WARNING,

The American Consulate-General received. the following telegram from the-Manila-Obaeri- vatory at 1 p.m. to-day:

Cyclops or typhoon E. of Luzon, less than. 300 miles distant, elmost stationary),

THE PACIFIC FLEET.

CHINE E COMMISSIONERS FOR AMOY

[By courtesy of the "Sheung Po."].

Peking, 28th September... An Imperial Decree has been issu- H. ELU-Gheng-haiang, Chiness-Ministered deputing Yuk Long and Leung

The Rogue, has again urged upon the Central Washington, September 25. Government the importance of a speedy revi- Secretary of the Navy Metcalf has informed | sion of the criminal lawa in accordance with me that he has given orders to the admiral|the modern Hean of Europe and America. 'be commanding the battleship fleet, row en routs Miolater states that the reason why Chion was to Manila, to refuse shore leave to the men of placed in the list of third-rate Powers at the the crews of the ships unless cholera is eradi last Peace Conference at The Hague, was be eated before the ships arrive. Secretary Metcalf cause this country still continued to use laws said that he regreted deeply the necessity of framed after the manner of the anciepts. this step but that it was usual and necessary

Cholera is decreasing rapidly in Manils, ander the cacditions.

yesterday's record was astonishingly favourable Yet naval men here say that if there is but one case when the flyet arrives, it is probable that the crews will not be permitted to parti- cipate in the festivities arranged for them.

Governor-General Smith said last night to the Callave American **

GEORGE P. COMMIS

"I have not heard from Washington as to I have kept the authorities at Washington the prospects of the feet crews-landing here,

informed of the Text uitution here. 11 the navy should conclade not to permit the men in land at this time, we have, still every oppor

delayed, but not impaired...... waity to carry out our programme. It will be

Harton, who appeared for the defendant firm, Mr. P. M. Badgou, of Messrs. Ewens and asked for a stay of execution, bedding appealEither the fleet can take on the necessary. Mr. Justica Gompertz - Yes, or what ground? coaland supplies and go out to sea for a month's set out his ground

Mr. Hodgson replied that he would have to target practice, or it can leisurely take jin coal wap, and provisions and go to Japan, Laters when

cholers is thoroughly eradicatad, tha celebra Arranged ? male

Mr. Justice Gompertz-Can't the matter betion here would have lost nothing of its Joy. Mr. E. J. Grist (for the plaintiff) stated that execution could only be stayed on certain grounds, og fold

Mr. Hodgson said he could not get the appeal until after the vacation

ng

sness nor the welcome any of its flavour, but one cannot predict the curious freaks of “The cholera situation is well ip hand now, the disease. Manila will be thoroughly eleased up within a week, Still we are prepared to ubmit to the dictum of the daval authorities Mr. Grist—The money could be retained at Up to ten o'clock last, evening these were 31 Me Hodgson-I don't want to prejudice my of the barsay of bealth, accompanied by 6 the end of the appeal,

cates of cholera registered at the central statins find, but the defendant firm is very sub dealbs. There were several suspecta among stantial.oneN KANTUAN this number. Two cases ware-removed from Altar farther discussion Mr. Hodgson was Bilibid prison. One of the victime was the given faire to say hi applice on In British Indian wa'chman of the bureau Chambers,

An addition was made on 26th 'olt, to the fleet.

Company, Limited, of Liverpool (Messrs. Al- of steamers owned by the Ocean Steamship

fred Holt and Co., Limited) by the launch of the steamship 7h.aer. The vessel has been built by Messn. Workman, Clark and Co, of Belfast, and is 460 ft, in length, with a gross tonnage of 6,896, and is intended for trade to the Far East This in the eighteenth steamer built in these works for the Ocezu Stasmskip Company's fleet. Staterooms for a number of

boat deck. The ventilation of the passenger valoos. passengers have been arranged on the accommodation throughout hat received special aitenilon, “

Tun-in to Amoy to welcome the U.S. Pacific fleet.

THE DALAI

LLAMA,

ARRIVAL IN PEKING.

[By courtesy of the " Sheung Pow

Peking, 28th September. The Dalai Lama arrived in Peking yesterday with his large retinue.

The Buddhist Pontiff will be re- Deived in apdience by Their Majesties to-morrow in the Yun San Palace.

AUBK-THE-TYPHOON”“”,

INQUIRY CONTINUED IN PORTLAND STRIXT COLLAPSES.

THE following gentlemen have been appoint. ed by Lord Crown, the Secretary of State for The inquiry into the circumstances attending the Colonies, to constitute the Crown Agents" (he death of several persons, who were killed Inquiry Committee i Colonel J. E. B. Seely, by the collapse of a number of hourss in Port- n.50, SLP? (chairman); the Rt. Hon. Sie F. land Street, Yau ma-ti; during the last typhoo Mowat, 0.5, 180;S Ralph Moor, KC.M.G. was continued at the Magistracy, this aftern S. M, Leather, Eigi C. A. Harris, Esq. Ch Mr. J. H. Kemp presided. CMG Sir Albert Spicer,, Bart, M.PH. J. Jury consisted of Massa, Fran

v.0. A. J. Harding: (pocretary). The terms McHardy was present Gibson, Esq, CB¡ R. Bailey, Esq, 18.0., Danning and G of reference are: To report upon the best Readers will remember method of selecting the clerical and technical which have been

af for the office of the Crowa Agents for the amplitude, in the colt ditions of tenure, the scale of payment al sala: further phe Colonier, and particularly to consider the con- | Telegraph, fries and pensions, and how far arrangeoispla

test office are in, accord, or can.

to harmony with the principles govern

that the cast WAS