1909-07-29 — Page 4

I

Entimation,

THE HONGKONG TELEGRAPH THURSDAY JULY 29.

legislation without marking the growth the habit of withdrawing the conduct of the Executive from judicial supervision. Usually it is the Treasury, or the Board of Trade, or the Local Government Board in which is vested the power of doing as it pleases.

with certain autocratic powers, holds that is possible to save. Gold is the mearura of there should be a fiiit to the coacting of value for, probably, four-fifths of the world's skeleton laws in which all the essentials are total wealth, and we have never seen any cabodied in rules made by the Governor-in-way in which its ratio to silver can be fixed Council and in which the chief of police without exposing all that wealth to deteriora and other officers are invested with discretion and quite artificially raising the value of

S. WATSON & CO., But we note that other departments. Imtion to adjudicate in certain matters without the other fifth. It is claimed that the Latin

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LIME FRUIT

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ORANGE CHAMPAGNE.

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FRUIT SYRUPS mixed with aerated or plain water make excellent-refreshing beverages. Guaranteed to be made from the

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HONGKONG and KOWLOON.

Hongkong, 15th July, 1909.

[at

+

4.

1909.

Viceroy Chang. Jen-chun.

H.E'S ARRIVAL IN HONGKONG.

THE RECEPTION FROGRAMME. Union and the open mints in India kept the

As anticipated the other day, when we balance steady, but the fact is questioned, and

detailed the programme of the reception which certainly it did not prevent the occurrence of will be accorded the popular ex-Viceroy of prolonged spells of commercial unrest and Canton, H.E. Chang Jen-chun, during his brief depression. Granting, theo, that fixity would stay in Hongkong, en route for Nanking, the be a boon, it is clear that no scheme has a armagements have since undergone come slight chance of adoption which is based upon the modifications and additions,

The Viceroy and saite cobaik-d--op making of purely artificial agreements that silver shall be considered equal to a six-board the China Merchants' S. N. Ch's teenth of its weight in gold or any similar sin Ming at Canton to-day and left the Southern capital Bl noon. Steaming figure. The hope seems to be rather in the leisurely down the river the Bath Ming is creation of some system under which all expected to arrive in Hongkong early to trade between different countries, whether morrow (Friday) morning. Upon her arrival tiey are silver users or not, shall be con the vessel will be board.d by Capt. P. H. ducted on a gold standard basis-i.c., the Mitchell, Taylor, ADC, on behalf of His world shall have one standard only for inter. Excellency the Governor, when it may be national transactions, with a kind of Hague expected the veteran Chinese official will be Tribunal of Commerce to settle any disputes accorded a very hearty welcoms to Hongkong that may arise. In this way it might be with which, during his tenure of office in possible to eliminate the disturbing influence of silver while leaving it free from restraints as a medium for purely internal transactions in such countries as India and China." So like everybody else our contemporary sees no way out of the difficulty and we remain just where we were.

LOCAL AND GENERAL,

We are informed by the Agents (Messageries Maritimes Co) that the cargo of silk shipped on board the 1.5. Sydary which left this port on the 220d Juce was delivered in Lyons on the 18th July,

An aged coplie named Leung Shun was fired. $go in the Police Court, this morning, for trespassing in the Army Ordnance Department yesterday. He was found in the yard by Sergeant Bloxham, of the Army Ordnance Police, and arrested.

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MR F. A. Hazeland, presiding in the Police Court, imposed a fion of $150 opn a coolie, who was brought before him on a charge of being in possession of a number of boxes of purported to have been those of the Opium Farmer, were declared to be forgeries."

Canton, be maintained the relations.

most cordial

B.B. CHANG JEN CHUN.*

LANDING AT HONGKONG TO MORROW."", [From Our Own Correspondent.]

Canton, 18th July, The steamer Axin Ming, which is to take HE. Chang Jen Chun to Shanghai, arrived béro yesterday morning. The luggage balong. lag to the distinguished party were taken to the steamer to-day and H.E. Chang, it is reported, will probably proceed on board at about gam (Thursday) The Hein Ming will leave for Hongkong to-morrow in the forensen.

Viceroy Chang's departure from Cantos is the subject of a special taļogram appearing elsewhere.

ACCIDENT 10 A FITTER.

ELECTRIC SHOCK WHILE, ATTENDING O

TROLLEY WIRE.}.

•

A fitter in the employ of the Tr. mway Com- PADY mot with an accident at West Point, yesterday. The curious part of the miskap is

no bruises visible, but it is supposed hun injuries that when the man was picked up there were

are

internal

CANTON DAY BY DAY,

A CHARITABLE INSTITUTION,

[From Our Own Correspondent.]

Cantón, 28th July, On the 26th instant, at the Honam Theatre

Shortly before one oʻch, ck pm, yesterday a trolley wirs in Des Vicax Road West got out of After the Bain Ming has berthed alongside order and the filter went up on a ladder. While the China Merchants wharf eatly in the fore-be was thus engaged he received an electric noop a Chinese deputation will wait on H.E, shock, which.hurled him to the street, a drop of Chang on board to iovile him to tea at the early thinly feet. He was picked up in a d. zid condition and rent in the Goveremant Chinese Club in the afternoon. The rest of the forenoon will be spent on official visits to the Civil Hospital by the police. Governor, the Commodore, and the General -Officer Commanding the Forces at Headquarter, House. If time permits, His Excellency and suite will probably pay a visit to the Italian Convent.

At one o'clock the Viceroy is invited take lunch at Government House; an official party has been invited to meet the distinguished Chinese official. The entire party will, after a theatrical performance was given by a certain iffio, proceed to Quarry Bay on a visit to the Tai-troupe in aid of the newly established Honam koo Docks; a special car will be provided by Hospital. Mr. Sin Kui purchased a bottle of the Electric Tramway Co. From the Taikoo acrated water and promised to subscribo a sum Pacific leviathan-ths 5.5. Chiya Mark of the institution. Besides the above· ösför Docks the guesin will proceed to the Japanese of $3,000 towards the funds for the maintenance of the Toyo Kisen Kaisha, on board of several others prescot offered bandsome dona which steamer the Chinese visitors will be the tions for the charitable work, guests of the Japanese Consul, Mr. T. Funatsu, and the Japanese community in Hongkong. We understand His Excellency Bir Frederick Lugard bas also accepted an invitation to be present. The party will have tea on board the Chiye Mann At the special request of the Viceray the banjust, which was to have been held at the Chinese Club to morrow evening, bas been abandoned; it may be found too fatiguing owing to the humerous calls upon His Excellency's time during the day nemorrow, lastead of the banquet there will be a tea-perty at the Chinese Club at 5 30 p.m. 1o-morrow, where a reception will subse quently he held.

H.E. the Viceroy re-embarks on board the Hits Afing on Saturday, when he will resume his voyage to Nanking. During his stay in Hongkong, H.E. Chang will put up with the Special Chinese Commissioner, H, E. Kao Erh Ch'ien.

fierial and local, are, as is natural, desirous appeal being allowed. It also remarks: of obtaining similar privileges, To an "Any departure from that wholesome prin catlier, but not very remote, generation such ciple of law needs the most rigorous sale a practice would have seemed dangerous guard, and while the integrity of the ad and indefensible. To Blackstone the deadministrative officer exercising judical func letter, as he termed it, of statute law aptions need not be impugned, yet in the peared futile to secure the actual enjoyment proper spirit of 'departmental loyalty,' if a of the great primary rights, if the Consti subordinate brings a case, which is not, well, tulion did not provide certain other auxilia convincing, his chief will manifestly be la- ry rights, of which the chief was that of clined to support him. That is to say, he is every Englishman to apply to the Courts oot impartial, as an officer exercising judicial functions should be. In years gone by the for redress of injuries; life, liberty, and pro. MANUFACTURERS.perty were not to be disposed of by board of Chief Justice used to sit on the Legislative commissioners or Civil servants, but by Jud. Council, and his advice was often of the ut- ges and juries according to due form of law. most value to that body. On the principle Only recently, and long after Blackstone's that the legislator should not be also the day. Parliament would have resented strong interpreter or the law, the Chief Justice was ly attempts on the part of the officials of a relieved from his legislative duties. If this State department to obtain a position of was considered necessary in the case of the privilege and immunity from control. Our ghent judicial authority in the land, there Courts have done much of their best work by is surely strung ground for declining to CHAM-exercising a strict and even jealous supervi extend the practice of giving heads of sion over the actios and proceedings of the departments judicial functions, without con- Executive. They have called officials to ac-trol, by the courts of law." count, disregarded the orders of the superiors of the impugned officials, and refused, failing TRADE CONDITIONS ALLEGOD the most explicit terms-in-a-statute, to allow

10 BBIMBRŪKING. - the ordinary rights of citizens to be abridged by the prerogatives of public departments." One of our Singapore contemporaries, the They are still reluctant to believe that Parlia-straits Times, has a very thoughtful article ment means someone to be able to do as he on the general state of trade and the in- likes in regard to other people's liberty or fluence exerted by the fluctuations of silver. property. That policy has been wholesom. The article is apropos of a speech delivered for all concerned.. if our public depart by the Chancellor of the Exchequer to a ments are, as a rule, to-day in a very gathering of bankefs, in the course of which REFRESHING. satisfactory condition, this is in no smalt be expressed the beef that the increase of degree owing to the fact that the sufferers banking business, railway traffic returns and from negligence or other default cip one of two other turms of business justified obtain redress from an impartial tributa dhe behet that the long spell of depressed After giving souse examples of recent iç ista trade is coming to an end. It may be so tion which fly in the face of public rights, but our contemporary does not believe it, the writer proceeds to say.the Act of 1898 judging from the condibus prevailing in relating to elementary teachers states in one the cotton mills of Lancashire and the wails section that "any question which arises as of woe heard from Americaus because their to the application of any section of this Acide with th、ment is becoming increasflicit opium. The labels on the boxes, which 'to any person, as to the amount of any an-ngly'slack. Coming to the silver question, nuity or allowance under this Aci, &c.," and we may, state here that the article is

A WIDOW, sixty years of age, giving the name shall be referred to the Treasury certain head. Buver humgs," which is hopeful of Chang M1, was arrested yesterday by the other points are to be referred to the Educa. the water remarks that there has been n

head watchman of the Hongkong, and Wham. tion Department; "and the decision of the fractional increase in the price of bar silver, poa Dock Company, Isaac Turder, for st Aling Treasury or Education Department on any

but it still hovera round 24d, per ounce with a quantity of candles and two pieces of canvas question so referred shall be final." We persistency which indicates much doub! On beeing charged in the Police Court, this

and hesitation about the futura. might cull several similar examples from

lu the morning, and having been fund guilty, she recent "legislation as to pensions. Under cantime, those who believe that the secret was sentenced to fourteen days' hard babour. the provisions of the Local Government of early-all-the-great-troubles we experience IP YAU, & coolie who-was-deported from the Ha trade can be found in rises and falls of Colony in April, 1997, for a period of five 1888, compensation to an official who suffers loss by the abolition of his office or by disilver are considering such questions as the years, returned to the Colony yesterday, and He was charged in the minution or loss of his fees or salary is fixed establishment of Fair Exchange Leagues, in was apprehended. by the County Council. But even if the order that the standards of value, as factors Police Court, this morning, with returning from Council proceed, in the exercise of their influencing the condition of commerce, may banishment, and was sentenced to six months' discretion, on a wrong legal dasis, the ap. be brought into more wholesome subjection. peat is to the Treasury, the decision of which It is a matter of enormous difficulty, low is final. We have not in mind appeals as Fever, to bring about any great change, though to-matters of a purely technical character, It is meet that they should come belore a body of experts upon appeal as well as in the first instance But it may be noted. D&PARIMENTAL AUTOCRACY.

as characteristic of the change in policy that It is a well-known fact that colonial ad- the appeal from the declaration of a surveyor ministrators are much given to the practice as to the condition el a passenger steamer of framing laws which are largely exercised lay to a "Court of Survey" consisting of a by the Governor-in-Council, or some equally Judge with two assessors. A great change mysterious and irresponsible body. At was made many years ago when the Charity almost every meeting of the Iegislative Commission was created; and in some Council unofficial members plead that the quarters there were complaints, of the in- full objects of an Ordinance shall be stated usion of an executive body into the field in the Ordinance itself, as in the case of the of the judiciary. But, apart from the fact Railway Bill, but the result is invariably the that its business was mainly administrative,

The members are told that proper there were given ample facilities for appeals eighteen months since bought a sovereign regulations will be drawn up by the Gover to the ordinary Courts-Scarcely less danur Bive gold dollars with live taels must The result nor-in-Counciland there the matter ends. One gerous in the long run' is the habit, as er now pay-pearly-eight-laels. might almost be inclined to think that the emplified in recent Acts, of withdrawing is disaster, because he no longer buys. Governor in Council was infallible and that matters in dispute from. the forum of our of course that is old news but it is none the because it pursued its functions in secret it Courts and referring them to some species worse for being kept in mind. Mr. Moreton was necessarily less biassed than other corf arbitration, and not necessarily of a kind Frewen, that indefatigable agitator for mone- which the parties concerned would choose tary reform, holds that"The theory of Ameri- porations, but there is no evidence that such is the case. Indeed there is reason to doubt for themselves. It is right to take note of the can protection is to equalise the labour cost whether the wisdom of the Colony is centred usual excuse for this usurpation of judicial here and abroad through a duty on imports to the few gentlemen who honour the powers by executive bodies" The action of and particularly to protect your workers Governor with their advice. With at least one Couris of law, it is said, is so uncertain; and against the competion of those races, such of these members we have time and again had if one appeal to them is permitted, there as M ngols and Hindus, whose standard of must be others. The excuse is insufficient. living in alien to your conception of the re- good reason to disagree, and if that be so

His Honour inquired whether to-morrow when the individual in question addresses his There is not guarantee that executive bodies spect due to the white races. This being so, remarks in public, what is the result fikely will be consistent in their decisions. If they the fall in silver last year has had this result,

It would appear that some time in the after-afternoon would do for the bearing. He did not wish the case to go into next week's list to be when he speaks in private with the are, so much the worse, it may be, for the if the amount of protection in the Dingley noon of yesterday two labourets proceeded to

as the Full Court would be silling then. (fo consciousness that hit views will not come public. Some departments will, indeed, Bill for your labour against Chinese labour

remove a portable forge into one of the docks.

Mr. Davidson) -Have you had no time to go to the ears of those minst vitally concerned? keep to one line of policy; but that may was 55 per cent. ad valorem, the fall in silver. The forge was carried on a pole, the ends of

into the particulars? Not that we would suggest for a moment

mean that a certain class of petitioners will has reduced it to to per cent. ad valorem." which were being held by each coolie, While

Mr. Davidson replied that he could not that the members of the Executive Council have small chance of success. The tendency course there is another side to this, which they were descending the steps leading late the honestly say so. One of his witnesses was not are other than supremely conscientious and which we describe is growing It pleases neither the consuls nor Mr. Frewen seem in.dock, one of the men slipped, the other lost anxious to act according to their lights, but the fancy of so-called strong administrators. cheed to potice, remarks the Straits Times, his balance, and bath fell to the bottom of the in the Colony. His friend was in default and it occurs not infrequently that these same It can be recommended to the House of Com. If China has to buy in gold may she not sell deck consi erable distance below. They he was taking advantage of that.

were picked up in a very p'tiable condition, lights are little better than tallow dips from the mons by attractive allusions to the costliness in gold also? If she gives eight taels for five dead, and after first aid had been reputed public point of view and where are we then? and uncertainty of legal proceedings. There gold dollars worth of goods as a buyer, does they were sent to the Government Civil Hos This question of wittidrawing from public may come a time when we shall have a droit she not get eight lacis worth of gold pital. As stated, one of the unfortunate men, control administrative rights which prope ly administratif according, to which the Treas for five taels worth of goods as a sel aged about thirty-five, expired on the wAY, belong to the people has been the subject ury, the Local Government Board, and one ler, and does not the advantage in one white there is very little bop held out for the of an address by the Lord Chief Justice and for two other departments will have powera direction go a very long way towards recovery of the other, who is nearly five years useful comments on the speech have been to do as they please without review or con equalising the disadvantage in another? younger that his colleague. made by a Times leader writer. He says trol and, like the Sovereigo, will be able to That is a very specious argument which we that it is not surprising that the, Lord Chief do no wrong. There will be a little economy fear will not hold water and although we are Justice has drawn attention, lo guarded but to a few persons, and a saving of trouble to tempted to discuss the matter now we will emphatic terms, to the danger arising from many officials; but something vital and leave it till a more promising occasion. Pro- the modern usage of granting to some branch precious will have been lost or impaired.ceeding, the writer in question says: "That of the Executive power to do, or forbear to Io an editorial commenting on the Times' † it would be an advantage to all if silver and do, important acts, and to interfere with review of the situation, the Cingapors Free gold bore a fixed ratio one to the other does private rights, without control by Courts of Frer, while admitting that it is sometimes not admit of doubt. The problem is how to law. No one can be familiar with modern necessary to lavest high executive officers fix s'ratle without wrecking far more than it of Luzon direction unknown.

The Hongkong Celegraph

Hongkong, ThuRSDAY, JULY 29, 1909.

same.

hard labour and six hours' exposure in the Backs. The accused was deported for larceny, after he had served a term of imprisonment. NEGOTIATIONS for a business agreement be tween the Dutch Petroleum companies, which have their sphere of work in Boruco and Buma tra, and the Standard Oit Co., which have been dragging along for months, will now be active- itly resumed.. Mr. Deterding, who has a mapag ing interest in the Daich companies, has just left Holland for Amer.ca to endeavour once more to make terms with the Standard Oil

the need of it must be as apparent to the gold bug as it is to the silver fler, or even to the amphibious bimetallist. A Monetary Commission is sitting.at Washington, and upe of the great matters, which is directing its attention is the effect of the fall in exchange upou United States' trade with China and other silver using countries. The other day Mr. J. J. Hill, president of the U. S. Greet Northern Kanway, while travelling in Canada, pointed out that Consuls in Asia warn us that at the present rate of silver exchange Asia has ceased to import American wheat, four, or lumber, and that the Shanghai merchant who

people.

AT the Magistracy, this alternoon, further evidence was heard by the first police magis trate (Mr. F. A. Hazeland) in the case in which three Chinese merchafts are being charged with selling, or exposing for sale, or having in their possession for sale, medicine pills bearing. marks so nearly resembling registered trade- marks as to be calculated to deceive. Several witnesses were examined, and the case agaio adjourned. Mr. Eldon Potter, instructed by Mr. J. H. Gardiner, prosecuted, and Mr. F Paget Helt (of Messrs. Brutton and Hett) ap peared for the defendant,

י.

PARTICULARS WASIÊU,

AND AN ABSEN WITNESS.

This afternoon, in the Court of Summary Ju isdiction," before Mr. Justice Gomper Wong Fuk Kin, gentleman, residing at 43, Caine Road, sued Chin Fuk Kwan, who is stated to be a partner in the Po. Chung firm, 27, Jervois Street,, to recover the sum of

$434-41 money alleged to have been lent to the

defendant,

Mr. E... Day dsao, of Messrs. Hastings. and Hastings, who appeared for the de fence, applied for an adjournment, giving as his reason that he had not received parti culars of the plaintiff's claim until Tuesday. They were to have been supplied on Saturday.

Mr. P. W. Goldring (for the plaintiff) said-

that the particulars were furnished on Monday. Mr. Davidson said that the case was put down subject to the particulars being"given in ̈

time.

SEQUEL TO SHUN TAK PRIBON ESCAPE. 7 be fourteen prisoners who had attempted to

effect their escape from the Shap Tak gaola month ago and were re-captured shortly after. wards, were, on the azed instant, by order of the High Authorities, takes to the Nine Fridga and bebeaded.

CANTON-HANKOW PAİLW.Y'S AYPAIRS.

EXAMINED. The members, selected by shareholders in

►

"

the Cinten-Hankow Railway Company as their representatives to check and audit the accounts of the Company, are reported to have discover-

ed several irregularit es in the accounts of the Company and baye submitted a report to the officials relating to the matter.

"PUBLIC"EXAMINATION,

PRIVATE AFFAIRS DISCUSSED

The public examination of a debtor who had applied to be adjudged bankrupt, was listered to in the Bankruptcy Jurisdiction Court, to-day. The examination was conducted by the Official! Receiver (Mr. A. G. M. Fletcher),

Debtor stated that he was a clerk employed in the Colony. He had held bis present posis tion for three years and drew a salary of 5. 25 a mooth,

bat are your liabilit ́es?—$ 1,500. You have no other assets except your salary?-No.

What family have you to support }--A wife' and eight children

One of your childree is earning a salary? YEL

How much? -Very small-$50, The Chief Justice—Does be contribute ary. thing to you?

Debtor-You

flow much -530 a month.

That brings it up to $155 a month ?—Yes, On tha: 530 you keep your sou ?-Yos,, You real a room to a Chinese cook for 15 a monik ?--Yes.

That brings up to 5160 a month ?—Yes. Your indebtedness is chiefly due to borrow. ing money? Yes.

When did you start borrowing?-Six yerta

ago.

His Hooour-Was any day fixed? Mr. Davidson-Yes, Saturday morning, Mr. Goldring stated that particulars had beep FATAL ACCIDENT AT THE DOCKS. supplied to his friend on Monday afternoon,

Have you ever been in a position to pay Mr. Davidson They did not reach me unit! | them off? -No. Tunsday,

And as the loans became dus you borrowed,' more to pay them off?—Yes.'

Have you had any extraordinary expensen at any time 7-Yes. Sickness, and heavy doctor's bills.

Mr. Goldring said that was so. But it so

COOLIES FALL INTO A DRY DOCK,

'His Honour-Was the order made for Satur- Information was received by the police yes.

day? terday of a fatal accident which is reported to have occurred at the Hongkong and Whampoa Dock Company's work, at Hucghom. Two men were injured, and one expired while be ing conveyed to the hospital. The other is in a very serious condition.

TYPHOON WARNING,

kippened that he was kept late is Chambers on Saturday and he sent the particulars on Monday.

His Honour-In any case if you had time to

look into particulses I cannot give you costs Mr. Davidson said be was quite satinfin 3 with

"of the day.”

ibat.

His Honour-Will tomorrow do for the bearing?

What did you spend on that last year?- Over $105.

Y

It was rep red to me that after your patition had been filed you gave a feast in your house to honour of a confirmation. No,

On what occasion did you give a tea party? —1 paver did.,

The Official Receiver said that this was 'a small bankruptcy, Friends of debtor werewill. ing to pay fifteen per cent. The creditors bed agreed to a composition, and he asked that the

examination be closed,

His Lordship consented.

AN INDIAN DISPUTE.

KOWLOON TRADERS AT LAW,

In the Supreme Court, this moming, before

Mr. Davidson- do not know if my witness Mr. Justice Gompertz, the case was resumed in. will be back by then.

which an ladian trader'named Abdol Kuder, of Austen Road, Kowloon, brought action against

His Honour-is your client a man or woman?

Mr. Davidsop-A mad.

The telegram quoted below was received at

His Honour-Then he can be here in a day. the American Consulate-Gederal from the

Mr. Goldring remarked that he believed his Manila Observatory 1 –

29th July, 2 p.m. friend knew all about the case. He had at 29th July, 1 30 p.m. Cyclone or typhoon W.ready been instructed, and one day would not of Northern Luzon more then too frites distant: do him any barm. disaction unknown. Cyclone or typhicon N.E. The case was then adjourend until to.

MOTOR,

庫

two others—Kupa Ram and Mahgin Ram-10,7" recover the sum of $159.67, alleged to be dug,je for goods sold and delivered.

Mr. Render Harris, of Meis.s, Wilkinson and Grist, appeared for the plaintiff, Mr. J. H. Gardiner represented the second defendant; the jai, first defendant having left the Colony

Further evidence was heard, and his Honour réserved his decision.

te