1910-03-08 — Page 5

BASEL MISSION LIBEL SUIT,

THE HONGKONG TELEGRAPH. TUESDAY MARCH 8 1910

OPIUM SMUGGLING.

· STEAMER' PINED AT MANILA.

Yesterday afterncón, says the Manila Times of ist lost, Insular Collector of Customs H. B. McCoy handed down a decision fining the coasting steamer Neil Macleod of the Maritima. fast too for carrying uomabifested cargo, this cargo consisting of 2.9 kilos of opium found concealed in one of the water tanks of the steamer, January to

it was found in the bearing that the opium was concealed by an employee of the vessel who| was in the pay of the Chinese passengers on board the vessel.

MOTION FOR LEAVE TO APPEAL, Before a Fall Court, consisting of Hon. Mr WoRoot Davice, K.C., Acting Chief Justice, and Mr. Justice Gompertz. Puisse Judge, at the Supreme Court.this morning, Mr. M. W. Slide, K.C., made an application for leave to appeal to the Privy Council from a joint decision of the Fall Court delivered on the 28th January last in the case in which the President in Hongkong of the BaselEvangelical MissionarySocialybought an,actice against the Hongkong "Shenag Po" Company Limited, in which they sought to re- cover the sum of $10,000 for us alleged libel contained in an arilclo baaded "Ripping op a This is the first seisuse of any opium, to be Pregnant Woma"," which appeared in defend. made on an interisland steamer, and it in be- act's pawspaper of the 24th December, 1908. lieved to unearth a regular traffic in the pro- Sir Henry Barkolay, K.C., who 'at she, time ap-hibited drug, which, officials suspect has been peared for the defendants, contended that the carried on in the interistand fleet. plaintiff had no right of action and as the jury awarded the plaintiff general damages in the sum of $1,000, His Lordship entered judgment for the plaintiff conditionally and subject to the decision of the Full Court on the point of law raised by Sir Henry Berkolay. Subso quently, the Full Court held that the plaintiff had no right of action and the verdict of the special jury was therefore quaihed, hence the present application. Mr. M. W. Slade,, K C., instructed by Mr. H. W. Looker, of Messrs. Deacos, Looker and Deacor, appeared for the „appellants, and... Sir. Heory Berkeley, K.G. instructed by Mr. Otto Kong Sing, was for the defondants.

Mr. Stade stated that that was an application for leave to appeal to His Majesty-in-Council un der Rules ofthe Order-in-Council-dated the roth August, 1909. The new Order-in-Council applied to the decision of the Court in that it affected a vast pumber of corporations. Pul very shortly, the decision, be submitted, smounted to this that where a corporation carried on its profes sion or business for its servants, as it must do, and a libel had been published against the

servants imputing a criminal offence in the servants as such servants in the performance of their duty, and in cassequence of the false charge the corporation suffers pecuniary damage, it could not recover is an action for libel, although the false words spoken of had cused damage. It could only recover on proof

al special dama,c. He submitted that it was

abvious that the question was one of the highest imporance to all corporations which carried on business in Hoogkong and China, To take a series of corp; ationsanalagousioaud

on the same footing as the plaintiff corporation

he would remind their. Cordships of the larga number of Missionary Societies incorporated by Ordinance which existed to Uongkong. There was the plaintiff Society, the Londos Mis. Biopary Society, the Dominican Mision, the French Mission Etrangères and the Berlin Ladies Mission. Besides those Missionary Sociaties, all the trading companies would be

- Chinese are said to make regular trips on the vessels taking a quantity of opium with them which is concealed on the vessel. Upon arrival at ports of call they tako a quantity of the drug ashore and dispose of it, thus doing a profitable business.

SALOME AND THE CENSOR,

ALLEGATIONS OF FLAGRANT INJUSTICE. Mr. Robart Ross, writing in The Times, with reference to the consorship of Salome," says:- May I be allowed to make certain observations' on Mr G. S. Robertson's interesting latter in regard to Salome and the Censorship? · That I have some sight to do so will be conceded, be- cause the probibition of the opera and the drama in England annually deprives the estate administer of considerable sums of money. When the drania was first probibited by the Censor in 1893 the reason given was that it introduced Scriptural characters on the stage: at least, so the author himself was given to understand. „Subsequent events led to the almost universal impression that the immorality of the play barred its performance. When rase réierences were made to the subject in the Press, Salome was always dismissed as too indecent for production. The revival of Everyman strengthened this view, seemed incredible that a work which in troduced the Supreme, Being on the stage should be permitted, while a play which merely contained John the Baptist was, for bidden. This anomaly, however, could be explained by the fact that Everyman, being pre-Reformation morality, did not require a licence and did not violate the Act applying to new plays which introduced Biblical characters. Till then the attitude of the Censorship, in regard to Salome at least, was logically up. assailable, The Lord Chamberlain or bis deputy, or both, might have raplied to any criticism that both on account of subject and treatment Salome was impossible. They could rely on an Act of Parliament in support of one

As it

a

LEGISLATIFE COONCIL.

A menting of the Legislative Council will be held on Thursday next at z.ja p.m. Following is the agenda -

· Financial Minutes. (Nos. 6 to 11) Report of the Finance Committee. (No. 1.)

4 ORDERS OF THE DAY, A.

Second reading of the Bill entitled An Ordi. Dance to amend the Pension Ordinance, 1851.

-Second reading of the Bill entitled An Ordi. sance to further amend the Liquors Ordinance, 1909.

Second reading of the Bill entitled An Ordi. Banco further to amend the Magistrates and Criminal Law Amendmmt Ordinance, 1909.

Second reading of the Bill entitled An Or dinance to regulate the Law as to Oaths.

Second reading of the Bill entitled An Or- dioance to amend the Official Signatures Feet Ordinance, 1889.

"Second reading of the Bill erțitled An Or-

dinasce to amend to Code of Civil Procedure.

Second reading of the Bill entitled An Or- didance to amend the Tramway Ordinance, 1902.

Will not be proceeded with at this meeting, V.B.-A masting of the Finance Committee will be held immediately after the Council.

CANZON DAY BY DAY,

CHARITABLE BAZAAR.

From Our Own Correspondent.]

Cunton, 7th March.

F

"CHINGROU-AIQUN RAILWAY,

OFFICIAL BRITISH VIEW,

London, March 1, Sir Edward Grey, Secretary of State for Foreign Affairs, replying to a question in the Home of Commons, said that he was not aware

that there was anything inherently unreason. able in the demand by Japan for participation In the Chlschon-Aigun Railway scheme. The Chiasse Government must, in the first in

stance, decide whether the conditions are ac Ceptable. Russia's official contention that she in also interested economically, strategically and politically was reasonable. The matter was, therefore, one for arrangement- batwaen Russia, Japan and Călan,

FURTHER PRESS CRITICISM.

London, March 3. "The Daily Chronicla" complains that the

British Foreign Office is not supporting China's scheme for the Chinchon-Aigon Railway, giace farge British interests are at sinke, there are so justifiable reasons why Chlon should be baulked of the development of her own vast dominios, which urgently requires additional vitway faciliėles id' order to permit of the „0x+ ploitation of its vast resourças,

To-dap's Advertisements.

*BEN" LINE OF STEAMERS.

NOTICE TO CONSIGNEES.

5.9. "BENDORAN,"

Intimations. SAUSAGES

OWN MAKE

FROM ANTWERP, LEITH, MIDDLES EXCELLENT and DELICIOUS,

BRO,' LONDON AND STRAITS,

'ONSIGNERS of Cargo

hereby

informed at all. Goodenosing by

at their risk into the hazardous and/or extra hasardous Godowns of the Hongkong and Kowloon Wharf and Godown Co., Ltd., whence and/or from the wharves deilvery may be obtained..

บ

No Claims will be admitted after the Goods have left the Godowns, and all Goods remain. Ing nodalivered after the 15th inst,, will be sub- ject to rent.

All Claims against the Steamer must be 'pre- ranted to the Undersigned on or before the sand inst., or they will not be recognized.

All broken, chafed, and damaged Goods are to be left in the Godowns, where they will ba sxamined on the 15th impt, at ex 43.

No Fire Inaumace has been affected, “ Bill of Lading will be countersigued by

GIBB, LIVINGSTON & Óo., Agents, Hongkong, 8th March, 1910.2

[134

NORDDEUTSCHER LLOYD, BREMEN IMPERIAL GRrman Mail LINE.

NOTICE TO CONSIGNEES, THE Steamship

3)

"PRINZ SIGISMOND,” having arrived, Consignees of Cargo are hereby informed that their Goods, with the exception of Opium, Treasure and Valuables, are being landed and stored at their risk into the the Hongkong and Kowloon Wharf and Go- hazardous and/or extra hazardous Godowns of down Company, Limited, Kowloon, and West | Point Godowas, whence delivery may ba

obtained..

Bari Stanhope, writing in the "Nineteenth Century" under the title of "Britain, Japan and the Far East, pays a tribute to Japan's pioneer work in Korea, but denounces her rail. way policy in Manchuria and accuses the British Foreign Office of a policy of flab biness and lairies faire. His Majesty's Gow On the 6th instant the charitable bazaar, toernment, the writer thinks, has ample scope ba coptiqued for a week for the purpose of for its powers in bringing to a conclusion malters long out-standing in the Far East by raising money towards the funds for the main- teDauce of the well known Canton Fong Pin casting aside for ever its policy of "drift," and Hospital was formally opened in the presence adopting a firm attitude in support of British of many officials and the local gentry in a large trade policy, is the open door. matched erected in the western suburb. Several hundred ladies of well-to-do and respectable families were present to offer their assistance at the bazaar' and a band was also pre- is in, genuina agreement' with our own, but Ag undelivered after the 15th of March,will | feat and playing, selections of "music. maintain order, the Police authorities placed a number of policemen at the entrance and in the immediate neighbourhood of the matshed. There was for sale a large quantity of fancy articles, mostly embroidered work and works of art presented by the students of the various girl schools. Do the first day over a thousand dollars was collected from the proceed of the sale; several foraignem availed themselves of the opportunity to visit the bazaar, yesterday Sunday, and liberally patronised the fare..

BANK-NOTE ISSUE.

"We should not only," codtinnes the writer, and ourselves working hand-in-hand with the United States, whose policy in the Far East

To we shall win from Japan the respect which is always paid to the nation or the individual who knows his owo'mied and is not afraid of declaring it. We shall in the end earn the gratitude of our Ally for having pre- vailed upon her to exchange à policy of pet- tiness and inconsistency for one more in accord with her dignity and lasting interests. We shail have strengthened the foundations of international peace. It is for the people of this country to see that a strong man be appointed to Tokio, backed by a firm policy at home.

Ne Olaims will be admitted after the Goods

have left the Godowns, and all Goods remain.

be subject to rent.

All broken, chafed, and damaged Goods are to be left in the Godowas, where they will be examined on the 15th of March, ut 9.30 AM.

All claims must reach us before the 19th of

March, 1910, or they will not be recogaked.

No. Fire Insurance will be affected. Billt of Lading will be countersigned by the undersigned.

NORDDEUTSCHER ‘LLOYD,

MELOHERS & Co,

General Agents.

Hongkong, 8th March, 1910,

Pure Pork

AND

Beef Sausages

at 35 cents & 25 cents

per lb.

THE DAIRY FARM Co., LTD.

Hongkong, 11th February, 1910,

ASAHI BEER SAPPORO BEER

TO BE OBTAINED

FROM ALL WINE DEALERS

"SOLIGNUM.".

[39

134

PERFECT preservailvo staju for Wooi

(7A Stone, and Brickwork.

The back notes issued by the Canton Gov. Then we may hope to realíza in the Far East REGULAR· STEAMSHIP BERTIGE Roi, the Ravages of Insects and Vermin

erament Bank styled Kwan Yen Chla Chu, to the amount of about $10,000,000 since 1904 have been found to be very acceptable in the money market in Canton and many other places. This bank has now again asked the

affected by the judgment of their Lordships.view: for the other, on their notorious stupidity, Viceroy to apply for authority from Peking to

INCONSISTENCIES.

But, as Mr. Robertson has pointed out, the permission to perform Masscont's Herodiado

Whether they were specially incorporated, and misapprehension. At any rate there was like the Hongkong and Shanghai Bank.

no lo justice. ing Corporation, ог other banks, or corporations created by the Compan ier Act, Whether for purposes of profit or ober- wise, was immaterial. He submitted that that was emphatically a case in which their Lord ships should exercise their discretion, because their Lordships' decision was one of great general and public importance.

Sir Henry Berkeley submitted that their Lordships had not power to grant the applica lios made to them in that case. The question involved in their judgment was not, he submitted, one that involved great general and public im portance within the meaning of Rulez,subsec tion B. The Rule was intended to refer to a case some great general and public importance, but it did not extend to cases where the Court had He submitted that is that case the Court had merely applied a settled rule of law to the facts before the Court.

immediately (preceding a refusal to Mr. Bee cham to produce the Satome of Strauss consti- tutes a flagrant piece of injustice. It is more; it is an abuse of the prerogatives of the Lord Chamberlain's office. But there have been

Float Back the character of Christ is intro. other cases. In The Passing of the Third

duced in a perfectly open way; in a reverent way, but with no more reverence than Wilde exercised when presenting John the Baptist,

Issue 3,500,000 'notes more of $1 denomination. redaemable at par in ten 10-cent subsidiary coins.

CONSTITUTIONAL GOVERNMENT,' H. E. Viceroy Yuan Sha Haun has wired to Governors in all the provinces of China and to submit a joint Memorial to the Throne urging Imperial sauction for the establishment of Con- stitutional Government in China at an early date.

NEWCHWANG,

TRADE STATISTICS,

where some new principle was enunciated of 1.In another play entitled The Servant in the Newchwang Chamber of Commerce. Thei

laid down and followed a well-established law,

The Chief Justice-The facts are very excep.

tional.

Sir Henry They are exc plianel only on the part of the plaintiffs, who are a religious body. The libel is in connection with a bos pital over which the plaintiff had no authori- ty. The facts' constituting the libel are not exceptional. The tibel was committed on certain persons who are missionaries. The facts are not exceptional in the sense of taking them out of the general rule applying to cases of libel. The plaintiffs are only putting the defendacts into uupecessary costs. I submit, my Lords, that the Privy Council will not allow the appeal.

The Chief Justice-Mr. Slada in Chambers thought they would, being aware of the new Rule.

House we bave the Founder of our religion presented with rather less, taste as the family butler, a domestic who in real life is not disso. ciated from tampering with the wine, however unfairly. When such inconsistencies havebeen pointed out the apologists of the Lord' Cham- berlain adopted the attitude of the English Press that Salome is an immoral play,"

ANTICS OF MAUD #LLAN,

May i ask through your colomos if that is the official reaion?. The only passage in the text

a

against which exception could be taken is, as matter of fact, not used by Dr. Strauss in bis score. And for the rest it would be easy to argue that the play is the justification of purity, although, martyred purity. Those who have never bad, the curiosity to read the play are under the impression that one of the scenes consists in Salome dancing round the deca. pitated bead of John the Baptist. Such fescen

We have received the following from the

following comparative statistics of the chinf imports and exports of Newchwang, taken from the Imperial Maritime Oostoms Returas, for the quarter July-September, 1908, and 1909 will be found of interest as, indicating con tinued prosperity in the trade of the part

Bleamers. Entered Tonnaga

:

1908

1909

4

hose just rewards to which we are entitled by our position, trade and history.-N.O. D. News.

UNIVERSAL PEACE,

AN IMPRESSIVE ÜTTERANCE.

London, March and. King Edward received at Buckingham Palace yesterday the Archbishops of Canterbury and York and the members of Convocation, and ex- pressed pleasure at the recognition of his efforts to maintain the peace of the world.

Hie Majesty said that he was convlaced that as civilization advanced, Christian teaching would increasingly incolcats.the love of peace, He prayed constantly that his country' might || be spared from war, which would involve the rain of millions. Rarely in the world's history had desire for peace been more widely cherish. ed tban at present.-N, C, D. Nous.

Events Coming.

Wednesday, 9th March. Hughes and Hough, Auction sale' of Obin- e Curios, 11 M

Hongkong Fire Insurance Company, Ltd., Angual Meeting, at the offices of Meurs, Jar- dine, Matheson & Co., Ltd., o'clock Nooa. ....... 261 **-205-

Hongkong Horticultural Society, Flower 197,349 | 253.235 | Show in the Botanic Gardens.

Imports.

29,230

Foreign Cotion Goods Pieces 464.833–737.381

Yara Picals 30,970 Japanese Cotton Cloth Yards 401,560 1,701,772 Chinese Oton Sheeting Pieces 3,932 77,806

Yarn Picule. 1,465

1,762 Pieces 780 1,700 Yardı 4,540 5,953

Woollen Goods

Suger

Beans

Picals · 74,378, 101,850

Exports.

Thursday, 10th Marcb.

China Fire Insurance Company, Limited, Anzual Meeting, at 9, Queen's Road Central,

Noop.

TO NEW YORK,

VIA PORTS AND SUEZ CANAL (With Liberty to Call at Meisbar Coast)

PROPORED SAILINGE FROM HONGKONG,

FOR NEW YORK:

.......................................................On 29th March, S.S. "SIKH*

For Freight and further Information, apply

DODWELL & Co., LIMITED, Agents. Hongkong, Sth March, rovó, -'

to

It protects against Decay, Fungus, Dry

(especially the white ant) and the action of the weather.

"Bolignum" really does what is claimed for it, as may be seen from the testi monials of the" Governments of India, the Sudan, &c.

In Drums and Barrels of various colours, Prospectus and all farther information from

SIEMSSEN & 00,

(Machinery Dept.) Hongkong

.Sola Agents.

Hongkong, 7th December, roog.

SALON-CINEMA THEATRE,

WYNDHAM (FLOWER) STREET, OPPOSITE GENERAL POST OFFICE.

FIRST APPEARANCE IN HONGKONG

OF

Mr. CARL WALLNER, Whistler and Comedian..

AND

Miss ADA KING IN HER NEW REPERTOIRE,

EXCELLENT FILMS.

DAILY OHAnge of proGRAMME, COMPLETE CHANGE TWICE A WEEK,

MONDAY and FRIDAY, DAILY TWO PERFORMANCES. First commences: 6.30 half-price. Second commences 9,15.

#

Jea. P. Lemmert Auction sale of Chinese MATINEES EVERY SATURDAY and SUNDAY 4 p.m. Half-price.

Curios, 2.30 p.in.

Legislative Council Meeting, ajo p.m.

Friday, 11th March.

Institution of Engineers and Shipbuilders of

Picals 406,973 760,491 Hongkong, Annual Dinner, at Hongkong

Sir Henry contended that the law applied to nine corybantics, which enthralled all London missionaries in exactly the same manner, as any other corporate body. What the purpose wore, I believe, indirectly suggested by the Kaoliang (Millet) "of a corporation was was quite immaterial. success of the opers on the Continent. There Other seeds & cereals,

The Privy Council would not inquire into ¦ is nothing, however, in the" text 'or the stage

the nature of the corporation. They would in- directions of either opera or play to justify Beancake

quite into the composition of the corporation the antics of Miss Maod Allas and her Bean Oil

There were thousands of corporations in the British Empire There were thousands of car porations who were affected in the case of the Mayor of Manchester..

The Chief Jostice-The Rule says "Of great general and public Importance and otherwise." Sir Henry-1 take it that otherwise means

rivals, to whom full credit for originality is Coal (Fashup)

due, The dance of the play, me in the Scrip- Silk

745,800 479,943 Hotel, 8 p.m.,

6,990 16,306

1,159,763 1,266,740 | 1,398,825 1,473-277

118,661

Tonk

+ Piculs

425 1,421 1907 1958

turp story, takes place before the execution of || Does & Duties collected

the Saint. I have pointed out elsewhere that

*37,959

Withers Company 'Farewell Concert, Thea

tre Royal, 9,15 p.m. .

Saturday, 12th March.

Hoogkang Regatta,

Pongkong Football Shield Final, Buffs us 38,841 Naval Yard, 4 p.m.

#,851. Boxing "Bill Lewis" o " Battling Simms,' 1909 Oliy Hall,

the asthuriaim provoked by Salome in Ger- Total Revenue Hk Taols 179,461 315:754 340,567

NO PRESTIGE.

if your Lordships think the view taken by the many was long prior to the production of the Court in doubtful. I submit that the new Rule opera, Indeed, it was its long-established wat made to be exercised with caution. The Privy Council never intended for points of law popularity which inspired Dr. Stransa to ste such as in the present case to be seat up to the text for his wonderfol masic. them. The Rule was made to prevent haid. ships. 1 respectfully submit that the Privy

During the committee of inquiry on the Council will be rather surprised to have such working of the Censorship I was disappointed a point sest up to them to be decided. Thery that not a single witness mentioned Salome. would certainly like to know what doubt there' was in the minds of the Court to send up the ad the play been written by Signor D'ä- point to them. I submit that your Lordships' nubrio or M. Maeterlinck, we should have heads are tied. If the plaintiffs think there heard a great deal of the grievance. Now it is is a case, they should apply to the Privy only on account of the opera of Dr. Strauss Council for special leave.

The Chief Justice and he had doubts whe. that any one bas a word for an English writer's play which, whatever its faults as a work of art, has given the madera English drama,

ther that could be done.

Sir Henry-These in a provision,

THE WEATHER.

.

Hongkong and Kowloon Wharf and Go- down Coy Ltd., Annual Meeting at the offices

of Jardine Mathason & Co., Ltd, 12.30 p.m.

Monday, 14th March. Hughes and Hough Auction sale of Leate. hold Property, noon.

4.

i

The following report is from Mr. F. G. Figge Director of the Hongkong Observatory —

On the 8th at 11,20 p.-The barometer

Tuesday, 15th March, bas risen considerably to moderately over the China Barnso Company Limited, Annual N. part of the Sea of Japan, and on the E. Meeting, at St. George's Building, noon, coast of China respectively, and fallen silähtiy

Friday, 18th March, -- over S. Chias.

Hughes and Hough Auction sale of furniture Pressure is highest over the Yangtro valley. | ai" Ian Mor" Peak Road, a p.m. it is relatively low to the E. of Japan and over the S. part of the China Sea.....

Saturday, 19th March. Fresh monsoon may be expected in, the Hughes and Hough: Auction sale of Jewelery,

SBA...

Cures per Green Island Cement Company annual Hongkong Rainfall for the 14 hours anding meeting, at St. George's Building, 11.30a.m. stxo am. to-day, 0,00 loches. + FORECAST, 1-Hongkong and Neighbourhood, winds, fresh to strong ; fair..

2-Formosa Obinnal, N.E. winds, fresh,-

}

The Chief Justice-Then the plaintiffs will however wrougly, a prestige it never enjoyed Formosa Channel and the N. part of the China 20.45 0.

be in axactly the same position as before?

bir Henry-Yes. They will not be prejudiced

In any way.

Mr. Slade-Excuse me, 'we would be pre- judiced.

!

Sir Henry-Of course, there will always be prejudice when you apply for leave to appea!

in Europe before.

The threeboatmen who'were charged the other day with the alleged murder of a boat-coolie at Yau-ti on the soth January fast as the result

and you are refused (Laughter), KAR "of a quarrel again appeared before Mr. E. R.

Hughes and Hough Auction sale of foraiture al" fab Mor" Peak Road, a p.m.

Hongkong Volunteer Corps, Annual Inspec- Elop, at Causeway Bay,

The Chief Justice at this point announced Hallifax, First Police Magistrate, this afternoon, S-South coast of China between Hongkong that he would like to have time to consider the and were remanded. Mr. Leo, d'Almada, of | and Lamocks, Same as No. 1. point and adjourned the application, Later in

the morning, thelt: Lordships granted the ap. Messrs. Goldring, Barlow and Morrell, pro-South coast of Calas between Hongkong plication

secuted, and Mr.J. H. Gardiner defended: and Hajzzo, Sama sa Nú, 1,

Sunday, 30th March,

Boxing Tournament at Deile View Stadium,

Tuesday, 22nd March,

Hongkong, 8th March, 1910,

CLARETS & SHERRIES.

BEST VALUE GIVEN.

(80

Medoc, St. Emilion, St. Julien, St. Estephe,

Ch. Larose, Ch. Mouton Rothschild.

Manzanilla, Amoroso, Fino Seco, Amon

tillado, Vino de Pasto, Grand Old

Brown.

Hughes and Hough Auction sale of jewelery, Telephone 135,

H. PRICE & CO., LD,

WINE MERCHANTS,

13, Queen's Road,

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