1910-07-11 — Page 4

Intimation.

LIMITKD.

THE HONGKONG, TELEGRAPH MONDAY JULY 11 1010

CHINESE

WITH:COSTS/YON

Before the Chiefjortice, Sir Francia Piggott at the Supreme Court this Afternoon, the was mentioned in which Arthur Dreyfois, for me

CHINA

SION

PARI

*Gdremme

The impi

ion, prevalie

that the

Britab Colony of million to enable

pose the Wal-wa-pu, refused, what then?, Or less unlikely, suppose the Wal-wu pu" to act with perfidy, temporarily degrade the Viceroy while appainting another just as

The following Internating joint, decision) was bad 2 What should our Government do? Might we hope for a brief return of the stern delivered by the Full Count this morning

in the employ of Massie J. Valmyra and A. 8. WATSON & CO., days when the White Ensign and all it During the hearing of this case a question mesos was asked to kindly reduce recalcit arose as to whether certain Chinuse documenta

were promissery motorièr mot. A In view of the Company, jawellers, shed the firm and Karuna rant Viceroys to a condition of penitent commportance of the question and the frequency Barcholm in which the plateda monsense? Or should we smile and with which it arises I'directed bat it abuld be recover the amount of its "thank you, kindly Sir," fot having argued before the Full Court on a special point leged to be dus far the month brought us to realization of our own ex- of law, in order to have a final and amborita 1909; (a) damages för alleged asperating impotence? For rejoice while tive decision on the question. What the coast of Mexico by Sir Edward Gray replied:-1 come to the Belgians and to secure that we may at the firmness and vigour of the sequence of the decision which 'wa are about to Ms. M.Readatai iris, of Messrs. Wilkin on and question of the Chinchat-Alguns Railway. I am should be a British enterpis Consul-General's": protest, we are not: mil" giva'will ba leva matter which does not con› Grist, appar: „di for the defendants, while the afraid that on this point. I shall disappoint the the evil practices of Chinesa sabguise of His Majesty's Government tak. Cara this Courty-it must be discussed; here plaintiff was represented by Mr. P. W. Gold expectation of bou, members The Chirchou, milway construction, and, when the ing stop to enforce it which, might be min afterWa,ward referred, to a decision of Mr. ring, of Messrs, Goldring, Barlow and Morrell Algus Railway it promoted by American

ESTABLISHED A.D. 1841.

WINE AND SPIRIT MERCHANTS.

WATSON'S

E

VERY OLD' LIQUEUR SCOTCH

WHISKY

construed by some of their well beloved and trusty supporters as initiating another "Opium War,"

THE GREAT BIGHT.

We have repeatedly been asked what we think of the Jeffries-Johnson fight, and it ought to be unnecessary for us to answer, as we have already expressed our views on prize-fighting and boxing in general. If will be needless for us now to point out at

a

●ptembar, gful di

Mr. Slade Informed the Couif that the plaints tiff, after coming to terms with the defendants, one of which was that the plafond should with draw the action, had left the Colony without withdrawing the action. Plaintiff had received contain sum of money, not as an admission of ilability bat in order that there should be po ill-feeling between the parties. The Srm W come forward and treated the plaintiff good dusly and plaintiff had gone away without with drawing the action,

“by the Governmentí Government ; supported, the Japanese protests in connexus chon-Algun Railway regnidioss of British com- mercial Interest:

anciers and a British firm of contractor, who applied for and have been promised a concer alou from the Chinese Govarpment, It is not concession of the particular, kind referred to by the hon. member who raised the question, but it is something which is to be given to them by the Chiasse Government ho aature

of a concession for a forn for the firing of a

Ight to com

railway. That is perfectly legitimate on their part, and I have not the lesi

"Railway came-up-for (cons

the duty of our financ

misappropriation of their there negotinious interested in such unpleasant shock. ta the public

will not, say, had boffi difente

falled, and that Garmyand contract for that rallway. It-

hands, bat the advantage which our i has been used on a lavarč to

Plaintiff's name was called three times in the Paip, and I do not compino, Aapy in bean able to get the matter back.

usual formal manner but the latter failing to entered for the defendants with costs.

look

A Blend of the Finest Pure Malt length that, as we have remarked before. /daal j and if it takes the farm of a promissory dutwar to his fuumo judgment.by default was | tish and Americau frais en 09, of any other fatersata in fields where we might

Whiskies distilled in Scotland

DE

GENUINE. AGE

AND

FINE MELLOW FLAVOUR.

Robert Porter & Co.'s

BULL DOG

BRAND........

GUINNESS' STOUT in PINIS and SPLITS.

modern prize fights are not what such con- tests were in the days of "Rodney Stone." The unhealthy spirit of the whole thing disgusts real lovers of bravery and skill. When the news of Johnson's victory Arst became known, we rejoiced that our Ameri- can friends had not fulfilled the dismal prophecy of the Governor of Califorats who openly declared that the white people would never let Johnson win, and indeed that he dared not fight to win, for fear of being lynched. Such a miserable state of affairs, had it been true, would have been to the eternal dishonour of the great Republic, We are delighted to bad that such gloomy

forebodinge have

been falsified.

naturally feel sympathy for

We

a while

A. S. WATSON & CO. niet a worse injury than marriage. All

LIMITED.

ALEXANDRA BUILDINGS. Rangkong, 7th July, 1910,

Che Jengkong Gelegrap

HONGKONG, MONDAY, JULY 11, 1910.

FAIR WARNING,

wine black people will agres with us, kud so will all while people, especially those who have led black troops. There are no better [Gghters on earth thanthe Soudanese and they are as black as a blackcat. Ås for" race riots" the scum of all races are just scum, and if a

a

THE FALSK IMPRISONMENT

APPEAL.

AMOUNT AWARDED BY JURY REDUCED BY FULL COURT:

The Chief Justice in the course of bis judg· ment stated that the case bad presented many difficulties on account of the previous relation ship of the appellant and the respondent. The facts were not very complicated. Afterciling the facts of the case, his Lordship said it ap peared to him that the appellant's version of what had occurred was rather skiggerated, because there might have bea. a large number of people present on the bridge bas it bad not been shown that they obstructed or impeded him in any way in the execution of his duty, It was required by the Ordinance that the

master of a steamer in the event of any trouble arising on his ship should ask the person or

|

should like to draw attention to the fact that the Chinese are apparently tranted with a certain amount of indulgence, and are allowed to go back upon their promises with impunity N

Later Mr. Stawärt siidi-The anti-foreign feeling in the Yangizs Valley makes me ask the Foreign Office to bear one small point in mind, and that is the difference between the foreigners and the surrounding Chinese with regard to the boundaries of Shanghai. it le conceivable that the differences might suddenly produce a demonstraflop of a very unpleasant character, And, as it is an open

most anxious to co-operate in settling the question, I hope the Foreign Office will give it their cartial consideration and do their best in the cantter, Shanghai is a growing place and it would be to the benefit of all if the boundary question was settled.

few low blackguards and white savages are calculated at the rate of $1.50 per $100 P1800s concerned their names and addresses, extend right up to the Russian frontler. In secret that the Dolted States Government are

killed in such riots, the world is well rid of them. We devoutly hope, however, that in every case the murderers will be hanged.

LOCAL AND GENERAL.

The Captain falled to do that in that case and the respondent scored a point. On those facts, it was very clear that the damages should be reduced to a nominal sum of Sto, each party

Justice Smith giren in Summary JurisdictionTM some years ago, in which he dwelt on the im- portance of the presence or absence of the Chinese words: Pat Ng,24 We have gives the judgment des consideration, but are of opinico that it still, leaves the question open for discussion. The borrowing and leading of money is an operation which is based on contract and sets up a contractual relationship governed by the ordinary prin ciples of contract. It works out ultimately into

that has been jaken, v Do that intrary, vory, favourably upon the co-operations, Btle variety of forms, one of which is called premissory note, with which alone we have to note, certain consequences laid down in the

·matter, and I am very glad to see them larger abate, of business. It seems Bills of Exchango Ordinance, attach to it. With

co-operating 1, themfore, do not in the least the Foreign Offica might have protecíad our These consequences we have nothing to Boswo

deprecats anything that has been done la interests in the matter if they had notified: this matter. But when I am asked to come China that going behind out people would be have only to inquire whether, certain contracts

Ideward and pat diplomatic pressure upon the looked upon as an unfriendly act, Chins, as made between Chinamon of which the ones

Chinese Government to put this agreement far as I am able to judge, treated our negotia. before us are typified come wiltin this category

through, then I am brought up by the fact that ors and our prestige with a costain want of of money-lending contracts. The definition of a promissary nole given in s. 83 of the Act. The Chief Justice, Sir Francis Piggote, and in 1897 Notes were exchanged between the consideration when, for a very small advantage, is, that it is an un onditional promise in writing Mr. Justice Hazeland, Acting Poisse Judge, British and the Russian Governments, ander. they handed over to a German company the made by one perans to another, algeed by the delivered their decisions in the case in which which we agreed, on our part, not to press for construction of the tall way for which we had. maker, engaging to pay on demand, or at Captain A, A. Johnson, Master of the s.3. Shairallway concessions in this particular region. advanced suchalarge sum of money on a definite fixed or determinable future time, & Fum ON, sought to have a decision delivered by Mr. It is true we did not undertake any obligations promise. Il oor negotiators, kad known that certain in money, to, or to be order fastice Hassland reversed on the groned that to discourage them, or to prevent: British firms they had the full support of the Foreign Office, of a specified person or bears. The the leared Judge, was weasg in fact and in applying for them or promoting railways there and that the Chiness could apt treat our inter

fits the forms in law leo not allowing certain points of Junid. It was a purely negative undertaking on our eats in a light manner, their bands would haye: language of course which promissory notes are usually made cation to go to the jury. Mn M. W. Slade, K. part. But what I am reproached for is that I been considerably strengthened. One can and given in England to a nicely and C, and Mr. C. G. Alabaster, lasttucted by Mr. have not taken an active and positive part in hardly Imagine a German colony advancing one the question is whether it fits on to the form D. V. Stevenson, of Messrs. Deacon, Looker promoting the constraction of this railway. I million for the making of a milway, and which Obloemen ase among themselves in this and Deacon, appeared for the appellant and think the hen, member who raised the question British company by some slight con- Colony. There is nothing to compol Chien-Mr. Elion Potter, Instructed by Mr. B. put a technical and somewhat barrow construccession costing German Interests in the way fighter against a negro, but our sy men to adopt our form if they prefer another; Davidson, of Messrs. Hastings and Hastings, tion upon the Anglo-Russian Agreement of 1897, we were ousted. I hava a very fair: estimate pathy does not amount to, colour pre we have coly to take the language they use, rapicasted the defendent,

He asked if he had not been superseded by A of the immense trouble and diffenity shore are feelings are very simple and and see if it comes within this definition. This |

sabrequest arrangement. In so far as it may in all negotiations with the Chiness, but sportsmanlike. He say "Fight deficition, though highly analytical, is not

have been modified by subsequent arrange against the black man, and fairly; fight with complicated; it expresses a simple, train of

meats superior to it, it would have been super him, as we do with our Haussa troops in thought, which is quite capable of application

seded, but I am not aware that arrange to the form used by Eastern lenders and box

ments which were subsequently made bave Africa; match with him, eat with him, starve

Towers. There is only and term which may

altered the natural meaning of the Anglo with him, die with him. But don't marry give rise to hoy difficulty-the 'maker, that is,

Russian Agreement or deprived it of its force. him or her.". And we might add "Nor the maker of the promissory note. But there

if any agreement of that kind still exists it O provision which requires a promissory

ought not to be put an end to without a mutual note to be holograph, and I take it to refer to

understanding between the two Governments the maker of the promise to pay-that is, the

concerned, and it ought not to be modified an person who signs, and not the actual weiter of

less they understand exactly what the modifica the note. The language used in this note is as

tion means. follows: (1) have hereby borrowed from Mr. Chứng Shua Koo the principal of $2,000, in Hongkong currant binkopies. Interest will be month. It is clearly stated that it will be optional (for the money lander) to demand return (of the money) at any time. Lest oral words should be unreliable this writing is made as proof. No words to the contrary will be allowed. This loan for which two borrowing His Majesty's Consul-General wiote fast -week-a-despatch which for clearness of

putes are separately given amounts to $4,000 in af. Kwong Sui, zoth year, ioth moon, 15th .expression and vigour of style leaves nothing!

-day=(2)/u/04); The maker of borrowing note to be desired. After briefly but with admir-

Tsim Kwal. True handwriting." "It was argued || able plainness referring to Treaty stipulations | A NATIVE was fond $100 this morning for rua.

that there is not here an unconditionat promise Mr. J. W, Jamieson, C.M.G., very justly points ning a gambling school at Shnu-ki-wao. out that His Majesty's Government have a farewell masinge Mr. Theodore Roosevelt to pay only a statement that the leader may made generous concessions to China in said that be left England with intifactable demand return, and, therefore, non con fit, the horrower engages to pay on demand. On the order to assist the oplum suppression policy memories of the goodwill and kindness shownther side it was argued that this engagement of the Chinese Government." With pointed to him.

followed inevitably from the words actually skill the Consul General avoids a single word CAPTAIN ST-Douglas Brownrigg, Bart, of the axed, and was therefore implied. Now at which might be construed as a reflection on Naval Intelligence Department at the Admir bottom, although all English contracts do not ply such marked attention to the point, as

Mr. Potter referred to the question of costs. -the Central Government. "It is surprising."ally, has been apprinted Naval Attaché at

those draws abroad contracts socken wif the Court held against him on the question he writes, "to find a Province of the Empire Tokio. requlting this treatment by the imposition of

are dealing with are bilateral there is a promise of damages he failed to see how he could be illegal imposts and bunduly interfering

to give, and a promise to accepts a promise to deprived of his costs, with British trade." The sarcasm of this

load, and a promise to accept the loin. And will not be lost even on the hide-bound

here it is contended, on the face of the words, there is only a unilateral promise or statement hardened hearts of the treaty-breakers of It will interest many here to learn that Col that the leader may demand raurs, rose the Canton, We have all along, expressed our

H. G. Fitton, D.BO, ADC, formerly com- payment shall follow the demand. We are opinion that it was not at all surprising to findmanding the Royal West Kent Regiment, and clearly of opinion that if a document is made in that those inveterate contemners of interna- now Assistant Adjatant-General, Eastern Com this form, and signed by the borrower, so that tional agreements, the "get-rich-quickens" mand, is to be married some time in the autumn be adopts the language of it and, it is language of China should once more revive the old to May, daughter of the late Sir Alfred Hick appropriate for a borrower to ass, he must be taken to mean that the demand for relors of the game, the supposed to be dead and gone is reported, says the Z.di C. Express, that money will be mel by repayment. The fender Hold bydra. What did surprise us was that the Chinese authorities have lately 6an make sogeges not to seek repayment outil demana Lordships had board defendant's version of the anybody should have been taken is by it for ing un facies al qurier vella cvict the Chinese the borrower himself putting this covenant, as a minute. The scrupulous language of the British general officer to instract

The desire was expressad for an officer it were loto the lendar's mouth, angages to meet Contul-General affords the Viceroy an op- of general's rank, and several prominent British the demand when made. Otherwise, words

would have no meaning. But if the Jaagungo | portunity of disclaiming all malice prepease soldiers have been named in this connexion and of attributing the whole business to over ACCORDING to Chinese reports:he Commision of the note were such as would be used by a zeal in the cause of opium suppression, exs drafting the Opium Pinhibition Laws on the leader, and it was merely assented to by the But the dignity of Treaties made with Commission of Constitutional Reforms, have borrower, by sigalag, there is no reason why met to confer in compliance with the new the British Government cannot be violated regulations and to follow up the opium probibl. ach a docement should not be a promissory tion by more severe rules. It is proposed to fix ante (and I believe it is sometimes done by without rebuke, and the Viceroy's delay soth of the 6th mosa is the 4 is yearn Chinese) that would be no suggestion that he in complying with the Consul General's first Tang, as the expiry of the limit, after bich had adopted and the right to demand would protest meets with that rebuke in his final officials smoking opium will be cash ere: and

be the loader's language, unilateral, and it paragraph, where, with ominous gravity imprisoned for als will be imprisoned for serce would require some words of acceptance, some Phas "to Wat Your Excellency that who violate the cuis will be imprisoned for seven definite promise to reply on demand, to bring it within the deflation. We therefore thick event of this continuance of the practices News was received in Shanghai on gth lost of that these documents are promissory notes, complained of the Government of Kwang the death at the hospital, in Chetor of Captain tung will be held responsible. It is im Edwar3.5. Wooley of the 1. C. stormer King,

THE HIPPODROME. posible for a warning to be worded with Hng The deceased was a well-known and catafal navigator on the Obina coast, and he mpre dignified reticence, and it now only was highly esteemed by his employers. He The Circus given its first change of progLUR... romains for us plously to hope that it will was a cative of Hobart Town, New Zealand, me to-night, and fridging by the items on the

and was 34 years of age. He joined speedily be obeyed. An interesting inquiry company to October and the lado-programma it will be a first class show. Satur now suggests, Itself, WEFT the Viceroy. aigned to duty as second officer of the 1.0: 6ay night the tent was packed, and judging fails to comply? What If he wo apprehend str. El Dorade. He gained rapid promotion by the applause for each act, and the hesity Mr. Follar-Then I gnat have left the Court think that in ant only ressonable cours

true Inwardness of the situation to and served in various ships of the company laughter at the jokes of Clawas Rococo ad andar a misspprehension. I thought it was

"and ln'1979, was appointed asuster, hin' last

Show and in accordatics feather-bed resistance, and to Bay Thip belag the Kingsing For some time Remah, every one there must have spent an agreed that evidence should be called if neces take both on the gro

At this pojut, Mr. Alabaster said that three our Wells what are you going to da pa he kijk, beso soffering from alight tos-joyable evening.

points had been withdraws from the jury by chos of fury but he appeared to be in

Mr Justice Elexeland but one point did go to the fory, He remembered his Lordship asking Mr. Potter. If he wished to call any ridingO and Mr. Folter st the time said that the osl

WAY METROVICdos säd aftern tation, said he did set-wis

Our Charge d'Affaires in

olly, demand from the

TY DEFICIT OF £6,000,000 is anticipated in the French estimates,

..

A SEVENTEEN-year-old youth was awarded six months bard labour and six hours' stocks at the Magistracy this morning for snatching a gold extring from the person of a Chinesa

womit

RD, Bati,

amy.

years

}

.

good health and he left hers lan wesk. Were-Ratuan of visitors to the City Hall Library the verigi chivad at Chifoo it was found that he and Museum for the work ending the oth was suffering from Java sisvet, and he was ordingly galga ashore to the hospital, whats

Solved] Ty attention, Hui condition com

upro prores and his wlis was wired for Inta, bg för the Nork "when"

fikat dokih had super.

"THE MITCHELL-LEMM CASE,

The Chinchou-Aigun-Railway is a railway which is to cross the line to Russia, and is to

these circumstances I think that if the Chinese ware going to have this railway made by foreigners, we could not, in the face of the Anglo-Russian Agreement, take an active part to pay bis own costs. It would not be criti-in supporting it until the Chinese had come to cizing the Magistrate's action in any way if he terms with Russia about it. Japan hax hot said that if the charge of assault had been pro oppssed the railway in principle but kas perly perferred in its original instance, the asked for participation, and I think that respondent would have been convicted. The was perfectly ressonable demand on. ike question, therefore, naturally arose as to how part of Japan. If Japan had takes up the

·ABIBAL DIEMIBIED WITH COSTS, į) far a person was responsible for the fault of a line of stating that she wished to have a rail- Police Inspector. The respondent had merg way monopoly in Manchuria, that would have The Chief Justice, Sir Francis Piggoit, de- by scored a technical point owing to the super been a distinct breach of the open deer. If livered his decision before Full Court this ficial knowledge of the Captain of the Mer she made use of her position there by giving morning in the action in which John Lemm chapt Shipping &ci,

preferential treatment to her own people as architect, sought to have certain decisions de- against others, that again would be a bioach of livered by the local Couns reversed 14 the open door. But for Japan to say that after connection with the action brought all that has passed she has an interest in Man Captain Mitchell, Master Maticer, for churla which justiflen her in wishing for pariminal conversation with the latter's wife. cipation in railways which many, to some extent, M. W. Slade, K.C., instructed by Mr. P. M, compete with the railway which is already in Hodgson, of Mesim, Hwens and Harston, aps existence, not, I say, in opposing them in prin. paused for the appellant and Mr. O, G. Alaba ciple, but in asking for participation in them tar, instructed by Mr. D. V. Staavanion, of it would be going too far for us to declare Messrs. Dançon, Looker and Descon, repres that is an naressonable demand to make, and sented the respondente de to take active diplomatic stops at Peklog to press for the granting of this concession.

A

The Pains Judge concurred with the views expressed by the Chief Justice and agreed that the damages should be reduced to $10, each party to pay his own costs.

The Chief Justice-The question of costs are never argued,

Mr. Arbathnot-Is it not a fact that the japanese demand involves some control ever and above participation

Sir Edward Gray—I am not quite sure on

Mr. Potter contended that if the learned Judge in the lower Court had been against him on the point of legal facts, he would have been entitled to call rebutilag evidence, which he bad not done because it bad not been found neces- sary to do so, Now he was deprived of calling rebutting evidence in the Court of Appeal, The learned Puisto judge had withdraws the points that point. All that I am defending is our of patification raised by Mr. Alabaster from the attitude of (neutrality, fo the face of the Jary. These board defendant version of the Anglo-Russian Agreement it would have story only, heat

A bien Impossible for us to take up the The Chief Justice-We've only heard the attitude of actively promoting the railway. which in going to be constructed by foreigners facts of the card,

with money lent by foreigner, which is going discussing, Mr Potter contended that was not RD. The Chief Justice-What ata wa Mr. Potter ? teks women to cross the Romias line at one poist, and Mr. Potter-I'm asking your Lordships to extend up to the Russian frontlar and, there. reserve your decision till you've had ad op fore, is going to have a considerable Inficance Portently to host colpa: Russia's strategical position, and to press re-opening the issues. I'm sure you've given for that railway without Russia being given Many chance of (participation. I think the only all the facts,

Mr. Folles-No, my Lord, I did not even course consistent with the original interprs go into the facts, as I had no reason to do so. tation of our political obligations in this

The Chief Justice--Ob, yes, Proceeding, the Chief Justice said that at the respect is that we should say that while

seek time the Court rose on the fast occasion, he we have every wish to see British and American anderstood that they were to be bound in their finance co-opersia in railway construction in judgments by the Court's record, as the Court China, yet in regard in this penicular rallway had power to give their décision on the record,

we cannot but think it reasonable that China sobject, of course, to the facts itated by Counsel on both sides.. There was no question should cossait both with Japan' and with Russia of calling rebaiting evidence. It had not been if she lnteads to have this railway made by meniloped at ali, dit gedungodi

Foreigners, fu) face of the Anglo-Bassian. Mr, Potter- don't think it was. “No, my Lord, It was, with respect, because I remata ber Agreement of 1897, the only reason his course Bot called may evidence Coosations to the railway have been rem

attitude until the Russian and. panese objec: Four Lordship saying that the other side had for us to adop: would be to mai

His Lordship differed from Counsel,

"The Chief Justice—It appears to me you are

T

"In the course of a lengthy Judgment, the Chief Justice touched at some length on the proceedings in Scotland and at the conclusion of the judgment dismissed the appeal with costs axcept la respect of a certain part of the appeal. In which the appellant bad succeeded,

LEGISLATIVE COUNCIL. E

A meating of the Legislative Council will ba beld on Thursday, 14th Test, at 3.10 p.) Following are the orders of the day

BUSINESS

Financial Minutes, (No 45 to 50), Report of the Finance Committes, (Na First roading of a Bill entitled An Ordleance to secure the better training of Midwives and to regulite their practica

dulles,

Fhat reading of a Bill, antitled an Ordipeace. relieve the Governor-in-Douncil of certain First reading of Bill antitied An Ordinance amend the Young Personi Ordinance (1909 Wirst reading of Bill entitled An Ordistanes to amend the Law of Copyright

to

First reading of Bill misted An Ordientes topmand the Crown, Lands Resumplin

loance, 1900, and to make special" provision. for the Rescupilan di Crown. Lande, of small value for public purpose GRAY

First reading of A Bill satitled An Ordinance to amend the Protection of Women and Glile. Ordinance, 1897,

to provide for the stopplog op diversion, th

Winst reading of Bill entitled An Ordinance fala a neutral jeg or alteration in lavals of highway.

Fint radiog of – Dill enflied An Ordins edah. Ja'farthar amand ther Liquors Ordinance?

Bacond runding of the Bill unțițied. An authores the App