1911-05-12 — Page 16

184

LEGISLATIVE COUNCIL.

NEW BULLS

The Attorney General movod

THE HONGKONG TELEGRAPH FRIDAY MAY 12 1911

SUPREME COURT.

THURSDAY AFTERNOON'S the suspension of standing or SANDER WIELER ARBITRA-'on the finding of the Court. 1porated on the 9th September,

MEETING.

A meeting of the Logislativo

ders to deal with the bill for the amendment of the Consus

Ordinance of 1881. It was Council was held in the Couheit)

neccssury that the bill should be Chamber Thursday afternoon. His at through rapidly as ho believe Excolloney the Governor, Sirod that the consus was to bo takon. Frodorick Lugard, presidød. un the 20th inst.

Thioro wero also prosent:- Hon. Mr. C. Clomonti (Colonial Secretary).

Mr. "C. G. Alabaster (Attorney-General).

M. Thomson (Colonial Treasurer),

Hon. Mr. W. Chathum, C.MG,, (Director of Public Works)....

Hou, Mr. A. W. Brown, (Registrar-Gonoral),

Major General Anderson. Hon. Capt. W. Lyons Supt. of Police).

ilon. Mr. Wei Yuk.

Hon. Dr. Ho Kai, M.B.,

TION CASE.

instructed by Mr. Brution, of Hon, Mr. II. E. Pullock, K.O.,

Mossrs, Bratton and felt, moved a motion on behalf of the Wing On firm that (this Court being of opinion that (1) Messrs. Dutton The standing orders being susand Holyoak gavo a finding upon pended the Attorney General moved the second reading of the Ordinance to amend the Census Ordinance of 1881. The bill had been explained by Sir Francis Piggott when going through the ordinances in course of revision. The second and third readings of the hill were carried at this sitting.

The Council went into Com- Capt.mittee to consider the report of The immittoo appointed to deal with the regulation of the supply of alectricity for lighting and other purposes within the Colony and its depondencies, The Cokmial Secretary said that as tho Bill had been considered cluso y clause-by-the-Public Works Committee, he moved that the Bill be read by mutabors instead of reading the whole clauso. This was adopted..

C.M.C.

Ita

Lordship for an order for costs. petition set out tlist the Kwong Wo have based this application Hip Loong Company w incor- can't be said that the proceedings 1808, undor the Companion wore abortive.

Ordinanco of Hongkong. naught Road, Contral and its registered office was at 48, Con- nominal capital was $200,000, divided into 10,000 shares of $20 oach. The amount of capital paid up or credited as paid up was $64,500. The objects for which

in this sense only that there was His Lordship-It was abortive to order made. You are entitled to say "I was abortivo in our favour."

Mr. Pollock-Exactly. Asomo- wiht diflicult position was given rise to but that wasn't our fault.

•

THE ASIA PIRACY.

MR. LEFFERTS KNOX'S STORY,

to

በፍር an

had loft the Asia wore still mis- sing.

When the fog lifted slightly tho Captain of tho Shaoshing hauled inthe anchor, bis intention The wrock of the Asia on Finother side of the island so that being to drop back round tho ger Rock on April 30th, about the bon's could come with the which vivid descriptions and in aid of the wind and tide to the torosting stories have been writ Shoshing, Wo had no sooner. ten, is still a topic of conversation got started thin the fog settled

down again. Wo, however, mado · the Company was established and discussion, dospito the fact our way to the other side of tho two points, namely, whether the

Mr. Alabastor-We sent thom a

were (inter alia) to carry on the that the proverbial nino days dur- | island two or three miles away and duck in question was of the width ordered und whether such duck lotterconsenting to adoptany of the business of an engineor, carpentering which wonder is retained blow our whistle to give the boats was up to simple and that (2) four suggestions by your Lordship, and ship-buildor, either in long-have passed. The story, however an idea of our position. Wo Messrs. Dutton and Holyoak We have received no answer to kong or elsewhere. The Com- presented has been and is well sont up blue lights, but there found that the said duck was of a that lettor. This motion is by pany was indebted to petitioners comat by the reading public, for two attempts to give the boats an different width from that ordered way of answer to the lotter.

in the sum of $6,045.62, balanco is it not one of the most son iden of our location were abortivo. Mr. Pollock-We submit re-due in respect of iron, brass and sational wrecks, and was of inferior quality to

The First Officer of the Shao- sample and that (3) the above two spectfully that wo are entitled to other goods sold and delivered points wore the only points which costs before anything olso. The Petitioners had made repontod Mostre Sander Wisler and Com-fact that a critical situation arose, pany, and the Wing On firm ro- in fact a regular deadlock, was ferred to Mussra. Dutton and not our fault. Holyoak for their decision and His Lordship said at the that (4) Sandor Wicker and Com-time that what 1. decided must pay have waived all other points not be taken to moin that it was whether of fact or law which they in the nature of an award. It might or could have takon other was morely, as I said, an expres- than the above points as to widthsion of opinion.

Mr. Pollack-When the Court and quality and that (5) MesRTH. Dutton and Holyoak having so gives an opinion in this way, found as aforesaid are not entitled suroly something oust happen on to make any further pronounce that opinion! Something must mont in the matter and that (0) | be drawn up on paper. the arbitrators have no power, in His Lordship-Something was the case of a special contract for as mattor of fact draw up on a special width of duck, to, order paper. The practical result was the purchasers to accept the fluit arbitration should not go on. H.M.S. CLIO DAMAGED,gods subject to an allowanco)

Mfr. Pollock-Phat boing so. costs of the Wing On firm and of the opinion was in our favour. Whon the gale which has been the arbitrators of and incidental His Lordship-The road dilli- experienced during the weak-ond to the special case and the supple-culty is that I have not expressed mont thereto and the argument an opinion as to your legal rights was at its highest early last Saturtheroon hofore the Court should as to costs. If I were to expross- at the Council before last, re-day morning a collision, fortunate taxed and paid by Messrsly find that there was no contract, garding the railway. Isaid that ly not accompanied by loss of life, Sander Wiolor and Company, thon I would feel ensier in my no provision bad been made in the occurred in the river at Hankow. Mr. CG. Alabaster, instructed mind as to costs. The arbitrators estimates for a sinking fund The N.Y.K. 88. Singkinng Maruby Mr. A. G. Jackson, of Messrs, never really went into the qúes. for the currout year. I had in was bumping badly against the Johnson, Stokes and Master, tion. tended to correct the statement hulk and, having no steam up appenrod to oppose the motion. Mr. Pollock-We can satisfy at the lust meeting of Council, was forced to employ a steam

your Lordship as to the question but for some unaccountable re-launch to tow her away from her

of quality. son I omitted it. You will find, dangerous position. To initial on page 100, that as of stages of the tow werenceopunlist

$61371 was provided to mented successfully, but when inmatter which sot out what they

Hon. Mr. H. E. Pollock, K.C. Hon. Mr. E. A. Howett, Hon. Mr. O, Montague Edo. Hos. Mr. C. H. Rossi,

Mr. it. II. Crofton (Clerk

Councils

of

tho

· NEW MEMBER 'Bofore the business" on agonda was proceeded with, Mr. U, H. Ross took the gath of al- legiance. He takes his sent on the Council in the place of the Hon. Mr. Keswick.

A CORRECTION. His Excellency; Gentlemen: I riso, with your permission, to make a personal correction of an orror in a speech which I deliver

loan.

{

The Council then adjourned till Thursday next.

Mr. Polluck stated that that was shortly a motion under which his client asked for costs in view of the judgment delivered in the tho sinking fund on the railway midstrelim the launch proved approlented were the findings on powerless to control the vessel the points before the Court and The Hon. Dr. Ho Kai put the against wind and stream, and the on those findings they asked for following question,, of which | Singking drifted on to the bows costs. The motion sot out what notice had hoon given - of 11, M. S. Clio, Drifting down they respectfully apprehended Will the Government lay on with the curront she carried away and understood to be the various the table at the next teoting of the Clio's starboard accommoda- findings of the Court as set out this Council a return showing-tion ladder and immediately in the recont judgment of the (1.) The total amount of revemo, afterwards collided with that Court. The judgment went on (2.). The total amount of expondi vessel buckling some platos to hold that Messrs. Dutton and ture, 63. Themmount of margin badly...... Sho finally got clear, and Holyoak were not ontitled to (if any), 1 The amount of towed by the steun-launcle, found make any further pronouncemont military contribution, and (6) an anchorage in mid-stream.in the matter, le submitter Toth mount spot on Public "Hankow Daily News."

that they were entitled to costs Works Extraordinary, for the

because they had succeeded upon years 1896 to 1910 elusive?

a substantial mutter, amely, that Mossrs. Dutton and Holyoak harl So acted and gave such a finding as to preclude them from pro- ceeding further in the matter.

His Lordship-My first dif finlty is rather a technical one It puzzles me how I can give costs when no judgment has been

an opinion.

Iu

CANTON NEWS.

Canton, May 10. CANTON LABOURERS'

The govern reply to the question supplicil the hon. mem-Tur "TELEGRAFU" CORRESPONDENT.) bors with a tabular statement giving the farts required. 1896 the ligures were--Gross rovonuo, $2,089,878; Extraordin ary revonuo, not linsessed for

WAX

UNION.

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hackneyed phruse, that has takon shing and one of the officers of place on this side of the Suez the Asia wanted to return to the and urgent applications to the Canal for many a long day?

wrooked vessel to assist Captain Company for the payment of its

The Tolograph" which at the Gaukrodgor, First Officer. Hilla, debt but the littor fuiled and time of the accident. published a the chief engineer and thro neglected the sun or any part long and corront account of the Chinese sailors who had remains thereof. The Company was un-wreck, hus socured the following of aboard, but the captain of able to pay its debts. To the best welcome and interesting supple- the Shaoshing would not per- of-petitioners' knowledge, thementary story from Mr. Lofferte mit them to do so, deeming it too Company's assots wore valued at Knox, who was a passenger on the dangerous. about the sum of $150,000 and its ill-futed ship and who has now About ten o'clock at night a liabilities at about $190,000. In returned to Hongkong. Mr.blue light was seen near the the circumstances, it was just and Knox cordially receivol our re- Asin. Thinking those on board equitable that the Company prosentativo, who sought an inter-required assistance the crew of should be wound up under the view, and notioning him to a the Smoshing entered boats provisions of the Companies Or-chair, said:

and attempted to get near the dinances of 1865 to 1890, or "I think the story is pretty Asin to rendor assistance. The that such other order, may be woll played out, but I will tell fog was still heavy and in about made in the promises as shall you what I can of the disaster." an hour and a half the boats. be just..

"As you know," he said, returned and reported they were Conusel proceeded to state that the bont struck the rock about unable to get there owing to the ho had the usual applications in-5.30 on the morning of April strength of the tide. No furthor serted in the local papers and 30. At that time I was asleep attempts were made during the there was no opposition.

in my cabin which was on the port night, but next morning we lifted His Lordship-Under normal side. The sudden arrest of the the anchor and moved back to

tho circumstances, could not be wound up on the plates, sounding like the noise Captain Gaukrodger and the

boat's p Company s progress, the tearing of her where we were the night before, mere grounds set out in the peti-produced by the lowering of the others on the Asia loft and

anchor, roused me from alumber. rowed to the Shaoshing. I had not to get out of bed, I Mr. Potter-The Company is apparently in difficulties. It can't pay its debts. It's in severe pocuniary difficulties and it can't carry on.

His Lordship-The petition is granted. Mr. Pollock-Because Sänder Mr. Pollock-1 must ask your Wieler insisted, and insisted un-Lordship for permission to apply successfully, that arbitration in Chambers for liquidators to be should go on. One party object-appointed. ed ono way and the other party protested the other way."

Mr. Alabaster in reply contand- ed that that application was al- together misconceived. Thore wore different ways of dealing with tho matter. Firstly, the Court had no power to award costs. The arbitrators had cons pleto control over costs.

Counsel proceeded to quote authorities at some length,

His Lordship reserved his decision.

His Lordship-Why should eithor of the partics pay costs to the other?

tion.

His Lordship-Yos.

1

THE LESSON OF CANTON.

We then went in search of tho

rolled out," he continued laugh missing boats containing pas- ingly, "and from the big list sengers. We picked up all but which the boat took on on the one. Some wore in the boats, port side I know something mast some in junks. Wo renewed bo wrong."

our efforts to find the missing He went on deck and discovor-boit when we came near to the o for the first time that she America Maru. The Moru was on the rock. Ho was went on to the Asia and later surprised at that reigned. There was

the culminoss we megaphoned to her and sho no stated she had picked up the confusion. He stayed on deck missing boat load from Chinese probably ten minutes, then went samp back to his cabin and quietly,

Ono man was, however, still belongings. Of course, he pro-doubt you have heard so much.. though hurriedly, packed up his missing-Arundel of whom, no ceaded, some things were left heThis last boat load had been taken The emente at Canton is but a hind, but very few. Again going sure of by Chinose the night before symptom of a disease which affects on deck the passengers were told and had been treinted very well. In the whole of this Empire and they must put on life preservers, the morning they expressed the Immediate danger was not antici-wish to return to the Asia. All which could be cured by proper pated, but there was the possibility but Arundel boarded a sampan treatment on the part of those of the ship slipping off the rockind as one of the officers lind a vested with the power to exercise into sight or ton fathome of revolver they made towards the the necessary functions. One of water. If she had slipped off no-wrecked boat when they met the

thing could have saved her from America Maru. the chief, if not the chief, causes sinking. "I presume," he went,

Arundel, evidently thinking of this disorder is the apparently on," that about three quarters of A somewhat amusing action hopeless corruption of the palace an hour later the boats on the port that the sampon was too full, ocupied the attention of Mr. officials. Authorities, as to whose sido wore lowered. It would have horded another sampan. He had Justico F. A. Hazeland, Acting bona fides fud inimale know-er the fonts on the starboard not force the owners of the small been a very difficult mattor to no means of protection and could Puise Judge, in the Sammary

boat to take him to the Maru,

A SOLICITOR'S COSTS.

G. A. Hastings, solicitor, sund Libe no question, have no hesitation the big list. Tho women and

The matter sent and the first defendant's son '.

the men followed.

he sent out men to search for Arundel, The search party re- turned, their labours having been in vain. The captain of the Shan- aling reported to the captain of the America Maru that he was running short of waier, and said would have to make for

.* Some days ago,n mosting of the military contribution $839,099 Labourers of various occupation ordinary, royointe $2,251,879, Gross expenditure was $2,182,-

held at the Engineering given I had inorely expressed | CoirtThursdaymorning, whon Mr. lodge of their subject there can sido owing, as I pointed out, to, he maiter was reported at once 401 extraordinary 69,150; ordi- | Investigation Association offices,

Mr. Pollock-Your Lordship Yitot and Muck Chun, married in stating, openly and publicly,children were, following out the to Capt. Stevens of the Muru and ary $1,882,272. Margin of ox- The object was to establish the las power to give costs.

women, to recover the sun of that the heart of the State is cor- cess of ordinary revenne over Canton Labourers Eniou in

common courtesy of Englishmen, Mr. Alabaster Your Lordship | $49.70 for costs as against the ordinary expenditure, exclusivo accordance with the rogulations has no power to give costa, first defendant and as surely fort to the cure and that money is lowered into the boats first and of military contribution and framed by the Board of Agricul Mr. Pollock-Your Lordship the payment thereof as against the only koy to it. For this state volunteers $367,8)7; amount of turo, Industry and Commerce, lus the fullest powers nter the second defendunt.

of affairs China has to thank a It was an easy matter for us to military contribution $509,679 and approved of by the Throne, Section 35 of the Codo. There's At the last hearing of the system which degrades her in the board the boats for there could and total expenditure on public was unanimously decided that nothing clearer than the meaning action the defendants were logos of the whole civilized world not have been more than two or works extraordinary $300,120, a site should bo selected, for the of that section.

three feet from the lower deck to and which not only find vent in the sea level.

Once aboard In 1910 the figures were Cross establishment of this Union if which came before your Lordship was asked by his Lordship to outbreaks such as that which has. the boats

Shanghai. we went round a rovonno › $4,960,869; extraordin- | funds could be curvassod for the Team bo takon to mean a procooding communicate. with them with a devastated the great commercial

point, probably not more than

We asked the Maru's captain to my $332,686; ordinary $6,628, inauguration and maintenance of in Court. If it was proceeding, view to their appearance in Court, metropolis of the south and at-inli a mile from the Asia, and try to discover the missing man. 183; expendituro, gross, $5,499,- | sane.

as I submit. it was, then the Court When the case came on before his tracted world-wide attention, but landed there. That, as our as I Wo left for the port and meeting 882, extraordinary $1,176,487; THRONE CONFERS h the widest possible di Lordship this morning, the first

which constitutes a stumbling- ordinary $1,295,058; murgin of

HONOURS. excess of ordinary revonne over

cretion in the matter of awarding defendant's son in the course of block and a reproach to all who judge, would be about 6.30. another steamer wo asked them Our baggage was landed, pro- by megaphone to stand by the sympathize with and endeavour visions and water. In fuct we CORİH, Wo succeeded on the rambling statemont According toan Imporial decres

informed

Asio. Concluding his des- ordinary expenditure, exclusive

main contention, and issued on the 7th inst., the Throne

the Court that he had re- to assist hor in putting her house had enough provisions to last us cription of the wreek Mr. Knox of military contribution aid

wished to impress one point upon confers, honours on HE. the ship must remember what coived a letter that morning in order. Noodless to say wo re- for a day volunteers $2,333,125; amount

the main contention was, that the from the country. It was all the on the eunuch system.

fer to that pastilentiul abomina- of military contribution $1,372 mundor Ng Clang-Yue, Thoirbitrators wore "functii oflicio." fault of the clerk to the plaintif is a need to elaborate the issue and provisions when the Shao- the captain downwards and in-

Viceroy, Admiral Li Olum, Com-

We were going to and from those who would read this story, the ship bringing baggage The officers of, the Asia from 486, and total expenditure on pub for the Constabulary, Brigadier | don't see how you can go in thein connection with certain Polo The mere fact that the Imperial sing came up, and that of cluding the Chinose crew could

What we said was this: WeWhen the plaintiff was engaged

The Governor recommended promotion to other officials who matter further at all. You have Court proceedings, ho agreed to sites of a sensual and despotic of taking any further stops in notonly his opinion but the opinion

lie works $1,204,823.'

FINANCIALA -

your

His Lordship-The matter can

culous.

a

After-

CHINESE ENGINEERING

There

not.

I

I

General Wong, aud alsu grants

Palaces still harbour these part-course did away with the necessity not have done better. That was the Council to vote a sum of two the tault in Canton.

took part in the suppression of already given your decision." received $10 or $20.

Tho objection taken by Mr. words, he asked for $30 and was

barbarism, stands out in all its ut- thousand nino Inundred dollar

regard to supplies. All wore told of all the passengers on board.. Bratton was porfectly justifiable, paid the amount. Now he naked er sluimelessness, inexplicable, to make ready to board the Shao. They deserve the little praise ($2,000) in aid of the vote Public FLYING FOREIGN FLAGS.

Your Lordship we understood for another $40 and it was rather excusable in any and every con-hing. At that time we had been they will get out of this unfortun Works Extraordinary, Buildings, The Board of Agriculture, said that we were correct. Under hard on them to be asked to pay out into four the fact on shore about two hours. The ato affair," he said.

nection, but a thousand-fold more Additions to No. 2 Polico Station, Industry and Commerce lias re- these circumstances, we must ask double. and to vote a sum of ninety-five peatedly discovered that many your Lordship to give us costs.

The thing was ridi-, that these creatures control the of clearing, and we wern com- Shanghai the crow and officers of day was foggy, gave no sign The night after the arrival at dollars and eighty-one conts Chinose vessels, trading on the ($95.81) in aid of the vote Judi- coast and also up rivers, fraudul- be approached from two points of believed the story, for he enteret isa farce and constitutionalism a could soo her, at othors we could Captain wore entertained to din- His Lordship evidently dis very life-strings of the State: pelled to anchor probably a mile the Shaashing and those of the

Until they are swept away reformi cial and Legal Departments, E. ently make use of foreign flags, view. Suppose I assume that I judgment for the plaintiff with fiasco. National Review."

from the Asin. At times wo Asia, with the exception of the Land Registry Office, Othor and that many sorinus casos of did give judgment, then comes costs.

nor by the passengers and presenta Chargos, Official Receiver and trouble have resulted. The the question whether I have Registrar of Trade Marks, In- Board considers this practico will given judgmont. There was no

Boats continued to bring off valued at 500 or 600 dollars, sub- cidental Exponsos...

chuse great inconvenience to for- definite judgment. It was moro-

Commenting on the Canton mails, passengers' luggage and scribed by the passengers, were COMPANY WOUND UP. MILITARY CONTIBUTION. oign trade and finds that these owly an expression of opinion.

rising, the "Shanghai Mercury' whatever they could foy their given to the officers and crows in Bofore his Lordship the Chief in a longthy article says: "China bands on. This work proceeded rocognition of their admirable, Mr. C. Montague Ede gavo nors are driven to this act by the Mr. Pollock-Flint does not Justice, Sir Francis Piggott, at the may be congratulated on the until dark. An amusing part of work. notice of the following question, pocossary restrictions put prosont tho matter which camo Supreme Court Thursdaymorning, failure of those who would have this proceeding, said Mr. Knox, which he would put at the next Chinese vessels by the Custom. before your Lordship from being Mr. Eldon Potter, instructed by inauguraiod, if they could, and he smiled us ho rolated it, A Gorman, staying in Canton, nesting-With reference to the The Board has accordingly in-n proceeding.

Mr. F. X. d'Almada, of Messrs. Kecond Taiping rebellion with all was that one sailor in the boat hold created a disturbance on the 8th rémarks of the Honourable Me, structed the viceroys and go. Slado in the debate of the 8th vernors of the various provinces was made?

Ilis Lordship-But no order d'Almada and Smith, moved a its lossos, its destruction and its up a woman's wig and solemnly inst. by heavily striking whilst October, 1908, will the Govern-to find out the number of vessels:

motion that the Kwong HipLoong horrors. Wo have no sympathy; asked "Whoso is this?" The drank, a policeman. A large Mr. Pollock-The Court has Company be wound up. The with efforts of this wort The sailors had worked hard and were crowd assembled in front of a mout lay upon the table some illegally flying foreign flags,

como to a certain view in the application was made ex porto, Chinese Clovernment is not perfect no doubt tired. They were sent hotel in which he had takon ro« papora ombodying the views and

mattor and that view is in our calculations of His Excellency

Counsel read to the Court a' by any inoans. • But it cannot be to the Asid just before darkness; fugo, and domreded to should be Four mon Lavo arrived by the favour. If the Court hus, power, potition which had been filed by improved by bombs, and it is ensued but were unable to come given up to them. The police the Governor upon the subject of se: Devaule to join the Police as we submit it has, to award the managing partner of the doing its very best to move with near to her on account of fog and Intervened and the man was cons ths Military Contribution? foroo.

costs, then wo must ask your Chung Kwong Company. The the times,"

arough sea, Some of the boste that ducted to the Shameen.

J

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