1909-06-09 — Page 6

Telegrams.

'HONGKONG TELEGRAPH”

*BERVICE.

SHANGHAI-NINGPO RAILWAY

ARRIVAL OF CHINESE SUPER INTENDENT.

[Py courtesy of the" Sheung Pp."]

THE HONGKONG TELEGRAPH WEDNESDAY JUNE 0 19:9

Reclamation Dispute.

THE GOVERNOR'S ACTIÓN.

DECISION OF THE CHIEF JUSTICE.

1

Tragedy at Sea.

CARGU BOAT RUN DOWN,

THE CHEIP JUSTICE'S DECISION.

Judgment was delivered in the Admiralty Sir Francis Piggott (Chief Justice) rendered his decision this morning in the case in which Jurisdiction Court, to-day, by the Chief Justice, B.E. Sir Frederick Lunard, Governor of the in the action instituted by Wong Cheong Wai, Colony, sued Mr. Chu Piog, a merchant of owner of the jack No. 17115, against Michael 313, Des Vœux Road West, executor for Chutben, of Apeprade, chleswig-Holsteis, of Chuen, a rich tobacco manufacturer, for the Germany, owner of the steamship Holstein, to specific performance by the defendant of igree-recover $10,000 for the loss of the junk and her mente, dated 17th December, 1889, and 24th cargo. The collision took place on the China July, 1903, with the Governor, in respect of Sea on 24th October, 1908.

Co-day's Advertisements.

FOR SHANGHAI.

J.

aggravated when, she was brought to Hong- kong, or anffered more damage while she wan being lowed down, or that the junk on the slips- Why not the junk with which the „Holstein col- lided. He naturally cannot do more than give Expression to his doubts. 1., must therefore decide the question on the evidence. I cannot THE P. & O. S. N. Co's Steamship,

"DEVANHA," accept the theory that the junk is a different one altogether, for the coincidence would be too extraordinary for me to adopt in the absence of anything but surmise to guida me.". And if she was on the slips she was there because was, damaged, presumably by the collision; this would not affect the judgment but only the amount of damages,

Shanghai, 8th June: 10-yen, the Cantonese, who has been Marine Lot No. 53A, which lot is situated near / Mr. H. E. Pollock, K., Instructed by as to which there; would have to be some pre appointed Buperintendent of the Shanghai. Tuog Man Lane, Hongkong, and is bounded Mesars. Goldring, Harlow and Morrell, appear-cise negative evidence. I have reason to doubt

Jim

Ningpo Railway, arrived on the 7th inst.

LUK CHING-LUM...

*RESIGNATION NOT ACCEPTED.,

[By courtesy of the" Sheung Po.")

Peking, 8th June.

Grand Councillor f'uk Ching-lum has tendered his resignation.

on the wet by Ebdicon Lane.

Mr. H. E. Pollock, Dow sbient from the Colony, instructed by Mr. H.L. Dengys (of the Crown Solitcior's office) acted for the plaintiff Mr. M. W. Slade and Mr. C..J. Alabaster, instructed by Mr. H. J. Gedge, (of Messrs Johnson, Stokes and Master) represented the defendant

t

An Imperial decice has been issued declin- be ultimately benefited by the agreements ing to accept it.

NAVAL REORGANISATION.

DIFFERENCE OF OPINION..

[By courtesy of the "Sheung Po,"}

Peking, 8th June. There are all sorts of discussion respecting the reorganisation of the Navy, so that no early decision can be come to as to how to proceed with the scheme."

|

HAI TO-MORROW, the oth June, 1909, Captain W. Hayward, will leave for SHANG at No.

For Fright or Passage,"apply to

E. A. HEWETT,

Superintendent. Hongkong, 9th June, 1909.

PUBLIC AUCTION,

FOR ACCOUNT OF THE CONCERNED,

Ос

SATURDAY,

the 12th: June, 1909, at 1.30 PM, at their

Sales Rooms, No: 8, Des Voeux Road,...

comer of Ice House Street, A FINE ASSORTMENT OF

CARPETS, S MY RNA

Various Colours and Sixes. On view on Friday, the "ixth. TERMSAs Urbal.

14

ed for the plaintiff, and Mr. M. W. Slade, the inference drawn by them on the night in. instructed by Messrs. Diacon, Looker and question. I conclude that they must be mis- Deacon, appeared for the def,adapt.- taken as to what they saw of the junk as sheTHE Undersigned have received instructions

to sell by..... slipped by the steamer. Mercover the identity

PUBLIC AUCTION; of the fuck was not formally challenged to an to throw the burden of proving it on the plain. tif; it was only done somewhat supperficially in cross examination, so that the onus was on the folstein; and many points occur to me which if proved, might have gone far to sub stantiate the suggestion; such as a careful ex amination of the Junt itself, and as to the ownership as shown by the books of the owner of the slipa. While therefore 1 admit the force of the assessor's doubts I must hold: that the jonk's identity has besa established. After dealing exhaustively with the question of lights, the Calef Justice concluded his judgment as follows:-1 am of opinion that there was no justification for the assumption that the junk was on the starboard tack and afterwards alter ad her coarse. Therefore as the collision did result from the mamuere which he thought bis inference necessitated 1 hold the Helaten. THE P. also to blame. As to whether the Belstein stood by sufficiently I do not think anything turns on it. The assertor, however, does not see anything to criticise in the maneuvres adopted by the Holstein after the collision.

In this matter, the reader will recollect, the collision occurred on the night of the zab October, 1998. The plaintiff's junk was cruising in company with another junk owned by his brother, and they were out labing. The defendant's steamer approach His Lordship, in brief, said :-Tho preliminary ed them, and they alleged that had the objection had been taken that Sir Frederick Lukept on her course she would have cleared gard had no right to bring the action. The posithem, but she starboarded her helm improperly tion was this: 1'may be the Goverment isto and cut the junk isiwo. The stern of the junk sank and four women were drowned. The entered in the case of the laya reclama- steamer did not lower a boat or stand by to tion, but they are act catered into on its be- render assistance to those in the junk but con- half nor does the Government figure in any tinued on her way to Hoogkong. The portion of them. Therefore the simple case I have of the junk that did nothwick was towed to imagined of the Governor suing to enforce the the coast by plaintiff's brother's junk and sub- rights of the Government does not arise, scquently brought to Hongkong. The plaintiff because on the plain wording of the docu- alleged that the steamer was improperly and meatithas none. Therefore if any action can be negligently navigated, that no proper look-out brought on this agreement it must be brought was kept, and that she did not comply with the by party to it, or some ous to whom the regulations for prevention of collisions. De lights have been assigned, and dis Frederick fendant's story was a very different gas. Their Lugard is not a party to it, or the assignee contention apparently was that the junk was at of the rights. This defect is not remedied the time heading in towards the coast of China, by ibe addition that he is suing for and on behalf and that the junk suddenly swung ronod on her of the Governor of Hongkong, for the addition course and attempted to pass across the amount to pathing, and cannot lovest Sireteamer's bow, thereby rendering a collision F. Lugard with a right which he himself inevitable... does not possess. I must therefore treat this as an action, brought by Sir F, Lugard to en-

The plaintiff is the owner of a certain junk. lorca a cause of action which, if it exists at all, exists in him personally, though, at his and he brings an action in rem against the s.s. title to the action asserts, rights which would Holstein för damages resulting from 'a collision result from a judgment would not be his për which is alleged to have occurred in the China anal rights but would be obtained by him for Sea during the night of 24th October, 1908, levy a house-tax after the Dragon boat and on behalf of the Government of the Colony about seven miles due south of Tong Mi Polat A careful study of the Ordinance The stories as told by those on board the two makes it remarkably plain, so plain that vessels are more than usually discrepant. The the wonder is that it should have been junk was, according to the story told by the so misunderstood.

mastar and his steersman, proceeding to her Government bad this large scheme on hand regular fishing, ground which lies about fifty and had determined to undertake it provided miles south of Tang Mi Pont; she had been those who would directly benefit from it would fishing in the bay between that point and Chi bear the cost. And the result of the prelimi Long' Point and was sailing on the port tack bary negotiations was that the majority of the with a light north east wind, as near to the fron'agers were willing to accept this benefit wind as she could sail, and with poly just provided they each had some shate in the land steerage way on her. The men say that the reclaimed. What share? Well, the Govern course they were on would take them in or ment could not say defisitely, because the .dinary circumstances about six hours to scheme was still in embryo; so they said if get to the fishing ground without tacking; The Grand Council has despatched anyou contribute your shares of the expense indi-alse that they did not tack at all after they

HO USIG-TAX.

ABOUT TO BE LEVIED.

`[By courtesy of the "Sheung Pp.)

Peking, 8th June.

The Board of Civil Affairs has decided to

Festival,

DUTY ON TEA,

PROPOSED INCREASE IN - AMERICA.

[By courtesy of the "Sheung Po."}

Peking, 8th June. It is proposed by the United States Government to increase the duty on tea im- ported from China.

urgent telegram to H.E. Wu Ting-faDg, Chinese Minister to Washington, urging him to do his best to oppose the contemplated extra duty.

THE TUNGKUANSHAN.

CONCESSION.

ANHUI REPRESENTATIVES OBDURATE.

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

-Peking, 8th June.

The

In giving his decision the Chief Justice said

|

DEATH OF DR. WM. HUNTER.

THE GOVERNMENT BACTERIOLOGIST.

The death took place in the forengon, to-' day, of Dr. William Hunter, the Government. Bacteriologist. The deceased had been siling.. for some time, but suddenly got worse yester- day when he was admitted to hospital and suc- cumbed to beart failure, at the early age of thirty-three years, as stated, to-day. He leaves a widow and a child at home to, mourn his early demiss and with them the greatest sym- pathy will be felt in their sad bereavemeni.

Dr. Hunter was appointed bacteriologist ta the Government of Hoogkong or the 6th December, 1901, and arrived to the Colony on the 27th February of the following year. He proceeded home on leave in January last year and returned at the beginning of this. record of the deceased gentleman's career is

we quote :-.. given in Who's Who in the Far East, from which

HUGHES & HOUGH,

Auctioneers.

Hongkong, 9th June, 1999;

NOTICE TO CONSIGNEES.

HE P. & O. S, N, Co.'s Steamer

"DEVANHA,"

FROM BOMBAY, COLOMBO ́AND STRALTS

(473

Consignees of Cargo by the above-named vessel are hereby informed that their Goods are being landed and placed at their risk in the Hongkong and Kowloon Wharf and Godown Company's Godowns at Kowloon, where sach consiguiment will be sorted out Mark by Mark, and delivery can be obtained as soon as the Goods are landed.

This vessel brings on Cargo:--

From London, &c., ez S.S. Macédonia. From Australia, ex. S.S. India. From Calcutta, ex S.S. Nile, From Persian Gulf, ex B.I.S.N.^and D, &

P. S. N. Co.'s Steamars. Optional Goods will be landed here unless Instructions are given to the contrary before

6 houri.

Goods not cleared by the 15th inst, at 4 P.M., will ba subject to rent.

No Fire Insurance will be affected by me in any case whatever,

Danugod Packages must-be-left-la-the-

Goddas for examination by the Consignee's and the Company's representative at an ap pointed beur.

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

No claims will be admitted after the Goods have left the Godowas,

E. A. HEWETT,

Superintendant, Hangkang, 9th June, 1009”“

CANTON DAY BY DAY,

RETURN OF CRUISERS.

[4

THE SHUN, TAK OUTBREAK. With reference to the outbreak on the 3rd instant in the Shun Tak, prison when forty. three prisoners escaped, it is now reported that

on the 6th instant

Intimations.

THE

DAIRY FARM COMPANY,

LIMITED,

EXTRA CHOICE SUGAR CURED.

BACON and HAM.

VERY MILD

HONEYSUCKLE

BRAND.. Only 60 canta a Ib. Hongkong, 4th June, 1909.

SAPPORO BEER.

ASAHI BEER.

OBTAINABLE EVERYWHERE,

HINA

[380

MITSUI BUSSAN KAISHA, Sole Agents,

THE

as being a breach of their original undertaking identity of the junk on the slips with tha. Asistant National Hospital for Paralysed and nineteen more of the convicts were re-captured (G******MORTGAGE CO.; LD.

by those with whom the undertaking was en- tered into, Fortunately nothing of the sort happened, and so far as one can judge the adherents seem to have been savisfied that the government had kept faith and that the pro-

set slipped down alongside the Holstebi both

CANTON WATERWORKS. Most of the citizens in Canton are jubilant over the good water supply from the Croton waterworks, while many others are complain.

PROVIDENT LOAN, AND

(Capital: Paid Ur ............$1,150,000).

Loans on Mortgage of House Property, &c. Goods received on Storage: Advances mads on Merchandise.

(Fates and Particulars on application).

THE OFFICE OF TROSTER, EXECUTOR OF WILLS, ATTORNEY, &c. Undertaken and Executed.

SHEWAN, TOMES &/004. General Managers,

were once on their couran which war set be- vidually you shall have what any one would

Hunter, Dr. William (Hongkong), M.B., C.H..., thick was your proper share having regard to fore they got away from the Point. The the public requirements for roadways and Holstein was proceeding on her regular course Aberdeen (Honours), F.R..P.H., London; Gov- streets and of course having regard also from Swatow to Hoogkong as about eleven ernment Bacteriologist, Director of Bacteriolo to the claims of other leistes, With the makeots. The night was clear with starlight but gical fastitute, and Medical Officer in charge jority of the frontegers in favour of the scheme there was no moon. The discrepancies in the of the Gove Public Mortuary: Lecturer in the government decided to proceed and deter- two stories begin at once. The jusk says the Pathology and Bacteriology, School of Medicine SHIPPING LAWS

mined on what was, and no doubt, forcible owner was hit by the Holstein aft of her after for Chinese, Hongkong; &. May 25, 1875, at expropriation as far as the minority was con- bulkhead "just where we go down into the Macduff, Banffshire, Scotland, a, of late,Rev, W. Hunter, Macduff, Scotland; m, 1902, Maria PROPOSED FORMULATION. cerned. After referring to the circumstances cabin the stern was wreached off and sank

From Our Own Correspondent.] at the passing of the Ordinance his Lordship with four persons on board who were drowned, Alice, d of James Rae, of Colter, Aberdeen- [By courtesy of the "Sheung Po."] continued. Suppose in fact that some of many The remainder of the junk, was towed to the shire. Educ.: Milne's lastitution, Fochaber; Robert Gordon's College; King's College;

Cantos, 8th June. had raised the question that the original com. shore by another funk which was in company Marischal College, Aberdeen;- University of The Commander-in-Chief, Weng Ta Ching, Peking, 8th June...

pact on which the Ordinance was based, that with the plaintiff's junk, and afterwards towed Leipzig; University of Berlin, Germany; King's of the two Chinese cruisers, Hol Yang and Hoi H.E. Hau Shih-chang president of the the division was to proceed on the principle of round to Shaukiwan; and there she is, or was, Ministry of Posts and Communications, is equitable proportion, had not been complied when this action was commenced, on the slips, College; West London Hospital; most distin, which proce:ded on a visit to the Straits

with, can there be any doubt that they would

io witness of the story, as Mesurs, Long Hing's guished Medical Graduate, Aberdeen Univer Settlements, and who returned to Hongkong conferring with the law Revision Commis-have been entitled to be heard? Assuredly excellent photographs showed. And a Chinese sity, 1896; James Anderson Medallist and two days ago, is expected to come up here to Scholar, Aberdeen, 895; John Murray Medal day to pay a call on the Viceroy bafare pro- sioners with a view to formulate special laws not, They could not have protested before fireman from the Bolt came and told us

the Ordinance was passed because' the that he had seen the bit of the stern floating list and Scholar, Aberdeen and Middlesex Hos-canding Nenb. relating to shipping.

plan was no. in exak ace. Having had much down the starboard side of the ship level with pital, Lond., 1896: George Thompson Travel- practical experience in such matters, I say the water, apparently just on the point of sinkling Fellowship, 1897-99; Acting Medical and unhesitatingly that a government would be ing. He also heard cries of "save life; but the Surgical Officer, Royal Infirmary, Aberdeen, mad which insisted on pressing through a master and second mate of the Holstein shrew 1846; Laboratory Assistant, Pathological De schems such as this if it had bees challenged, doubts on this story and questioned the

partment, Aberdeen University, 18,7; Clinical Epileptic, London, 1899-1990; Laboratory As of the junk with which they were ia

istant, Neuropathological Laboratory, King's collision. For this reason. It is quite traz

College, London, 1900; Assistant Bacteriologist, that the'r ship' did stike about where the

London Hospital, 1900-01; Director of Paibo- junk people say she struck theirs but there was logical Institute; Lond. Hospital, 1901; Mem- no crash, only I suppose a bump; and theyber of British Medical Associating, Member of ing against the streets and drais being damosas made on the Providest System. The Waiwupu is bringing pressure to bear portions alloted to each were equitable from heard no cries; and as the junk with her sails Neurological and Fbysiological Societies of aged and obstructed through the laying dowa

the standpoint of each. There is no evidence on the representatives of the Anhui Province that such was the case, but it might be well that master and mate say they saw the outline of Great Britain; Fellow of the Royal Institute of of the maics. The Canton gentry con Public Health, London; Member of Commis-sider the Canton Waterworks Company is with a view to their agreeing to work the this very question which is raised between non-sails and her three masis standing i. that is tosion appointed by Government of Hongkong, entirely to blame f. 1 the obstruction and have

adherents, should have been raised among say, they saw the pole in the stern on which Tungkuanshan Mines in conjunction with adherents; and I have no besitation 'in saying the stern light would have been suspended to inquire into Excussive, Infantils Mortality written to the Company on behalf of the re- Sir John Lister Kaye; but they are as firm that if the question whether the complete Therefore, according to them, this junk was got amongst Chinese, 1903. Publications: "Epi.sidents asking for compensation for damage to as ever in opposing the proposal.

ignoring of back section, boldera had been so cut in two at all and the vessel on the slips of demic and and Epizootic Plague," Hongkong, streets, roads and drains which now require raised they would have been entitled to a which we had the photographs is not the junk 1904; "A. Research into the Eliology of Beri- repairs owing to alleged damage by the Water- patient bearing and farther that if there bad with which they collided, and that one has beri" (jointly) 1996; Reports of the Govern works Compaey.

ment Bacteriologist for the year 1902 to 1906 only een one without prejudice to the rest of joined the fleet of the "Flying Dutchman." isclusive; numerous contributions to Medical the scheme proceeding, he would have been in order to get at the truth of this preliminary Iterature from year 1897- chiefly contained in entit d to have the question which is raised fact of identity I proposed two questions to the Journal of Anatomy," 1897, "Brain", 1899 1 in this action very seriously considered by

"Journal of Pathology," 1900; "Journal of the Government, and, if necessary, by the law knocked off as shown in the photographs pat State Medicine," sgap; "Centralblatt, dar

According to the latest news regarding thé officers at home. For 1 wish to say this at in ovidence keep sufficiently afloat to enable

her to be towed some seven miles to the Bakteriologie," spot-05 Lancat," 1001-05 fire which broke out at the Mitsu Bishi Deck British Medical Journal," 1902-06; " Journal yard and Engine Works at Nagasaki, wo learn shore? And further to enable her to be towed round the coast to Shaukiwan? His answer is of Preventive Medicine," 1995, "Journal of from the Nagasaki Press that one dockyard Yes. As a water logged junk she would towers: Mountain View, The Peak, Eong-ly, whilst several other dockyard hands and W of every description, can be made to Tropical Medicine," 1905. Club, Hongkong employé and two firemen were injured severe.

to a lesser degree. The loss in buildings and order in any design required, deput property, including some electrical gear destin-

Have been patronised by the Hongkong- ed for the Volunteer steamer Umepakä maru, is Clab, Hongkong: Hotal, Telegraph. Go, estimated at some Y60,000. It will require Mesars, A. 5. Watson & Co. Firms and other about three weeks to clear the site of débris, landing Rstablishments in the Colony, to after which reconstruction of the skahops whom reference can be made as so the Superior Workmanship, and Materials of the destroyed will by immediately taken lo hand, Furniture, icy supplied. and, as a number of spare dynamos and parts necessary to replace those lost are in stock, iba resumption of normal buslanes will be very early. The dockyard authorities presented the sum of 1,000 to be distributed among the various local fire brigade units engaged in the work of subduing (the conflagration. The Nazarakt Prais congratulates the local dock- yard upon this praiseworthy and exemplary. action, sa-well as epon the fact that their miso fortune has been so well mit by them sa to conmisure but a " femporary inconvenience, t

THE KIUKIẠNG.CASE.

COMPENSATION REFUSED.

[By courtesy of the “Skewvg Pol] ̧

Peking, 8th June.

The officials and gentry of Klangsi Pro- vince refuse to accept the compensation of $500 in settlement of the case against the

policeman,

They have decided to engage a lawyer in Shanghai to prosecute the policeman so aa to obtain redress of their grievance.

SHIPPING AND MAILS

MAILS DUE

· German (Yorch) 16th inst, American (Korea) igih inst." Canadian (Empress of China) 24th lost,

Majoz Hernias, of the South Lancashire Re giment, who has spent many years in Chios, has just left to undertake: an official positios under the Chinese Governufent. He is to morgzolen the police in Nanking Provinces.

once: That it is a very serious question, and one not to be so easily assumed adversely to the back section holders. Hi Lodship held that Sir Frederick Lagard had no right to bring the action, and a monisoit must be entered;

THE working of the Messageries Maritimes in 19.8 has been much more favourable than in 1907. No dividend was distributed for 1907 but there was a net balance of £80,000 in 18. Of this amount the service of the bonds absorbi £80,000,

assessor.

First: Would a junk with ber stern

THE Colonelcy of the 12th (Prince of Wales's Royal) Lancers, vacant by the death of Major General 1.0. Russell, U.V.O,, has been bestowed on Major-Gensual Robert G. Broadwood, C.B., now commanding the troops in South China, General Broadwood was “gazetted" to the 12th

wash in smooth water a long way ; certainly all of seven miles. Probably some strengthen-" kong. ing would be done to har by cross beams be- fore she left for Shaukiwad Second: Would a steamer of the size of the s.. Holstein going at half speed, about seven knots, according to she male's evidence, coming into contact with a junk sailing slowly across her bows al more or leak of a right sugle, st a point just aft of her after bulk head, do her so damage at all,Lancers from the Royal Military Collage, merely cause her to swing round and glids Sandhurat, in 1881. He has seen much Egypt REV, F. B. and Mrs, Moyer anived by. s., past the steamer anisjured?.. His answer is: ian service, and at the commencement of the Devanha this morning from Singapore, where | consider that contain 109 damage would be South African War was placed in charge of the he has been conducting a very successful series | done but not the amount shown in the photo and South Africa Light Horse, afterwards being of meetings during the last ten days. The Rova graphe; as the blow would be a glancing one appointed to command the and Cavalry Bri H. Hickling and L. Genähr, and Mr. T. M. with the tendency to push the jack away aftergade of General French's Division. From Elliott welcomed the reverend gentleman, who impact. The answers show that the assessor 1904-06, he was Brigadier-General on the Staff seemed in good health and bad enjoyed his thicks either that, the damage done to fo the Orange Rivar Golony, and has since

the junk was very slight and was deliberately held command of the troops ja China,

THE FIRE AT THE MITSU "BISHI"DOCKYARDE

(*/ Hang'wag, roth March, rgoë

FURNITURE WAREHOUSE.

LI KWONG LOONG & CO..

CABINET-MAKERs and Art DECORATORS, "-

from Shanghai, has"re-opened their FURNITURE STORE

10

No. 39, Des VaUX ROAD ÜENTRAL. The only Shop in Hongkong with this same

THERE HIGH-CLASS FURNITURE

י

Masari, A. S. Watson & Co., Ltd, welto ar follows:-

*Wa hars plestore' in stailag that 'Mis LI

KWONG LOUNG furnished the Azdara) to our Dispansary and gaye us every matis- Faction."

(sd.) A. 8. WATSON & Oo,

„25th May, 1891.

ORDERS punctually UHARGES most model. MANANNAPECTION INVITED,

Hongkong, Ich Asus