1911-07-15 — Page 9

SUPREME COURT,

A Pecullar and Interesting Case-

A

case was beard in the Supreme Court on Thursday be- foro Mr. Justice Gompertz, in

THE HONGKONG TELEGRAPH SATURDAY JULY 15 1911

Mr. Ilarria: We have a very good claim.

HARBOUR MASTER'S REPORT.

Mr. Harris then called the

8th inat. manager of plaintiff firm, Mr.

From the Harbour Master's re- Vanandol, who bore out his open-

port, laid upon the tablo at the ing statement.

During the cross-examination of Legislative Council on Thursday, which the Holland China Trading witness His Lordship interrupting we make the following extracts: Company were plaintifle ning said he thought it was a caso

$1,171.84.

Mr.

Mr. Harris: We have tried to This is the amount due from settle it. They continually don't defendants in respect to various pay the amount they promise to contracts for the sale of goods by do, that's the trouble. plaintiffs to the defendants, which Vanandel offered to settle last goods the defendants failed to night. I will take judgment for tako delivery of and which the the amount offerred.

Mr. Harding: 1 believe they plaintiffs have resold.

wanted $800 and would pay their own coats,

Mr. Harris: My people won't pay costs. Your inan offered us $800 and our costs.

The plaintiffs waiyod the sum of $171.04 in order to bring this se within the summary juris- diction of the Court.

Mr. Reader Harris appeared for plaintiffs and Mr. Harding for the defondants.

Explaining the case Mr. Harris said the claim was upon several contracts for the sale of goods by plaintiffs to the defendants. Tho salos ranged over a long period of time, commencing in 1908 ap to more recent times,

Particulars of contracts and

the clafu nro set out in the writ,' proceeded Mr. Harris, "and amount to $1,171.61" This amount is arrived as the difference between the contract price of the re-sale, in some cases by auction and in olliers privately when bot- tor prices could be obtained.

Mr. Harding: That was, the suggestion of the compradore. We havo always been ready to settle. We have given a lot away to you.

Mr. Harding: We have dealt with you for seven years and have paid as much as $20,000.00

יד

mont for any amount we can

agreo on.

Mr. Harding: Will your Lord- ship adjourn for a minute or two so that we may come to some arrangement if possiblo?

The Puisne Judge agról. " "On the judge's return,

Shipping

owing to high prices of American flour, and the competition of the Shanghai mille, which shipped their products direct to Chinese ports, instead of to llongkong, for distribution. Matters improved during the last six months, owing to the Shanghai mills being short

Colony during the year 1910 Hongkong on the partof Canton,

Tride.

GAP ROCK SEMA- PHORE.

Erection Completed.

The erection of a semaphore on Cap Rock, reference to which has

|

NEW DAILY PAPER FOR SHANGHAI.

The "Japan Advertisor" of the 30th ult. writes:-

Mr. B. W. Fleishersailed yester

day for Shanghai on the Oriental,

a

268

COMMERCIAL.

Manchurian Trade with Shanghal.

Tho

port of Dairon shipped to Slanghai, during the month of May, altogether 9,485 tons of goods, including 646 tons Beans, 6,788 tons Boan Cake, 605 tous

Siberian Beans for Europe.

of whoat, while such as they had been previously made in these in connection with his work us The total of the Shipping enter was of poor quality. The result columns, has now been completed. director and general manager of Bean Oil, 203 tone Red Beans, the Fon Kit Cheong firm for which might very woll be soitled. Jing and cloaring at ports in the was a recrudesconce of trade with The apparatus, constructed of the now daily to be published in 612 tons Whont,303 tons Kaoliang

amounted to 517,164 vossols of Amoy, Foochow, &c. which ports wood, is of the Naval type. It is Shanghai. There have been many and 177 tons Coroals. 30,534,301 tons, which, compared had previously been served by painted black with the ans

The above cargoos were taken with figures for 1808, shows an Shanghai, and the import of black and white. Tho semaphore parts and rumours published increase in mumbors of 19,884 ves- American flour immediately ro has been put up on the roof regarding this new enterprise. by the S. M. It. Co. steamers Kobe Maru and Saikio. Maru, tho sels, with an increase of 1,703,516 commenced, in unusually farge of the lightkeepers' quarters with Nouo of these have beon entirely 1. C. S. N. Co. stommers Ting tons. These fatale are the largest quantities.

a clear sky line so that it will be correct while a great many of Sang and Wosaug, the O. N. vetroached, exceeding all provions Rico-There is a very considor onsily visiblo to passing vessels thom have been absolutely false. Co. steamers Kan Chow and records by 15,052 vessels and able increase in this item of frem a considerable distance. The While we feel that any announce Liang Chow and a few others. 508,051 tons. Of these 40,714 183,082 tons, or 33.9 per cent., arms, for signalling purposes, will vossole of 23,160,250 tons were added to the decrease of 25 por bo operated by means of wooden ment in regard to this project ongaged in foreign trade, ascent. lust your. This is un-andles with which they are con would be considered premature in view of these rumours it seems

The port of Vladivostok bas against 43,794 of 22,415,125 tons doubtedly due to the almost total | nected by a chain.

1900.

failure of the Chinese first crops,

The site for the somaphore was advisable to brielly outline the exported so far this year roughly The average tonnage of indivi owing to the continued drought selected by Mr. Churchill, assistunt new scheme. The now daily will 200,000 tons Boans to Europe and dual oconn vessels entering the in the spring and summer, and to director of public works, and bo known as the "China Press." It elsewhere. Mosers. Wassard and port has once more increased the partial failure of the second the erection was carried out will be printed in English, with a Co. of that port have shipped ul- supplement in ready over 100,000 tons and That of British alipa has increased The demand for Saigon and Bung. Public Works Department who Chinese. from 2,3901 tons to 2157 3 tons. crop in parts of Kwangting, departmentally by mon from the large daily

Messrs. Mitsui Bussan Kaisha (2,501'5 tons as against 2,494 kok rice was consequently un- were employed in the Rock under The "China Press" is not and över 80,000 tons.

Messrs. F. T. Ho & Bros., se Mr. Harris: Let us got judg-tous) while that of foreign ships usually large, and the supply was the superintendence of Mr. will not be subsidised by the Chi-

has increased from 2,205 3 tons equal to the demand. However, Johnson, first light keeper ese Government or any other orotarios and genoral managers for to 2,3241 tons. During the past during November shipments de stationed at Gap Rock. The gang government, nor is it or will it be the Consolidated Rubber Fatutos, 20 years the average tonnage of clined, because the local supply of menongaged in the work roturn subsidised by any corporation or Ld., say that the output of dry individual either in China, Am-rubber from the Estates for Juna ocean vessels has increased from was sullicient for the needs of the ed to Hongkong on Friday Inst, 1,179 to 2,4573 lone.

'districts. In December, ship- The semaphoro now supersedes erica or elsewhere. It should be un was 1,330 lb. ments increased owing to renowed the old system of flig signalling. necessary to make a statement of Mosars. A. R. Burkill & Sons As pointed out in previous re-demands from the interior. The improvement cannot but bo this order, but the vernacular ports, the figures which used to The total reported imports appreciated by masters of vessels press has persisted in attempting are in receipt of telographic ad- as a whole, so inaccurate as to be,J,298,194 tous appear under this heading were, during the year amounted to making the harbour of Victoria o distort fucts, by misstatements vice from the agents in l'enang of various account, one of which that the output of dry rubber for 18 against from the South. in some cases, most misleading: 1,105,968 tong in 1000, an in-

characterised the new publication the month of June of the under- They have therefore been omitted Ferenso of 102,226 tons, or, 2.4 per

asa product of the American Glo-mentioned Estates was:-l'arlang from this, as from my three pre-cout. Esports also show an in-will soon inake way for the Nuval sidised by the Chinese Govern- Rubber Estate 102 lb. (portion At Waglan also the hand flags vernment, others as being sub- Rubber Estate 1.654 lb.; Kartu Mr. J. Lammert was called invious annual reports. However, créase of 23,000 tons, or 10.2 por device of marine signalling. At ovidence by Mr. Harris and spoke in cortain items of tho import cont. Transit cargo shows a do- first it was contemplated to put individuals and it is neces-

ment, or supported by some of month).

Mr. E. F. Batomai, socrotary to the re-sale of the goods.

trado, fairly accurate details are crease of 12,039 tons, or 0.3 per up the structure on the gun platuary that the truth should be of the Dominion Rubber Company, Another consultation, with available, nud, as to those, the cent. These figures are not, form on the island.

We have view to ostlement, took place, and following remarks may be of however, reliable, there being no since learnt that, from observations simply a business proposition and timated dry weight of Para rubber known that the now onterprise is Limitod, informs us that the os- it was ultimately announced to interest.

moans of collecting accurate in-niade, it is considered thint as not in the pay or obligated in produced on the Estates for tho his Lordship thuit the partios had

Coal.-1,115,120 tons were information in the absence of any hotter position on the island may any sense to any government or month of June, as telographie consented to a judgmeat being ported during the year. This Customs Staff.

be found than the gun platform, corporation or individual in any by the Company's agents, is 2,026 entered for plaintiff for 550) dollars quantity, compared with the in- Revenue and Expenditure.. and asadifference of opinion existe maner whatever. and conts.

It will be 1b. The agonte further telegraphi parts for 1900, shows a decrease The gross revenne collected Judgment was entered accord-af 11,713 tons, or 1:01 per cent. by the Harbour Departement dur selection will remain in aboyance The directors of the company will output, compared with the two ne to the most suitable site, its perfectly free and indorcndent. that the decrease in last month's ingly and at the roquest of Mr. This decrease is so small as to being the year was $194,234.81 as until a high official of the P. W. D. include prominent Chinese and preceding months, ia duo to Harding a stay of exeration for negligible, but is explained by the against $461,804,82 collected in has had un opportunity of again Americans.

ol.

drought. fortnight was grante i

dull tone of the market in the the provious year, showing an in-visiting Wagian before a definite The "Japan Advertiser " is a Colony throughout the year 1910, crease of $32,370.02 or 7 per sito is decided upon. The first separate organisation with sopa- Ld., secretaries and general

Messra. Hopkins, Dunn and Co. and the necessity of adjusting.cent :-

consideration in the dotermination stocka after the somewhat largely

rate ownership, and no change is managers of the Taiping Rubber increased imports of 1909. Of Light Duo, $32,478.37 - $80,157.20 is, of course, its range of visibility will have no connection other the output of dry rubber for the of the location for the esmaphore contemplated. The two papers Estates, Ld., are informed that Early Arrival in Canton.

the various variolios of coal im- Light Dues,

to passing steamers. We live than that they will co-operate in month of June was 830 lb. Special As- THE "TELEGRAPH CONRESPONDRAT ported, Japanese honds the list.

}}|

95,810.83 no doubt, therefore, that any many fields for the gathering of July 11, 1911.

Next comes that from North Chinnessmout... 90,387.07

L'eene sand

suggestion offered in those columns

nows. Both papers will benefit Mosara. J. A. Wattis & Co. say and Manchuria, which holds its

Internal

by any of our friends of the mer-in so far as various enterprises that the output of dry rubber dur- cautile marine, will be thoughtful-eas bo found impossible for either ing the month of June, 1911, on ly consideród by the Government.

paper to attempt alone. The the Tebong Estates was 1,287 lb. subscribers of the "Japan Ad-aad on the Chompedak Estate vortisor" will be interested in 1,545 Ib.' this side of the venture as it

in numerous cases the re-sale has been at a proût, which profit has been very honestly credited to defendants. Ju addition to that claim there is also a claim in the caso of each contract for interast at seven per cent, from the day

the goods should have been taken in delivery to the day of re-sale.

"There is a clause in the con- trnet which says that if goods are not cloared to time an interest of ten por copt, por annum would be charged to cover fire insurance, and the loss, if any, storage,. would be at defendants' sisk. In the case of onch contract a notice was sent advising arrival of the goods.

A good deal of correspondence has taken place with regard to the contracts but which, with the ox- ception of two lottors, I don't think will be necessary to put in. The letters to which I refor

wore sent by my firm, ono on the sixth of June last year asking defondants to take delivery of goods. If they failed to do so by the 11th they would be held to

the torms of the contract.

Mr. Harris: I have only two

witnesses,

The Paisne Judge: Are you going to make an admission?

Mr. Harding: I am going to fight right through,

Me: Harding said: I am sorry, my Lord, wo liave not been able to arrange matters.

The Puisno Judge: Alright

THE NEW TARTAR

GENERAL.

1909.

1010.

187,288.07

Revenue... 133,391.00 Fees of Court

and Office, 156,628.44 174,811,80 Misael- Boxipts...

In noons

131.40

140.26

Total $161,881.82 $194,231.84

:

passenger

At Waglan.

will permit of the introduction of by the secretaries of the Kota We are courteously informed. now features, an enlarged cable Baharoo Rubber Estates, Ltd., that service, correspondents and offices the approximate output of dry abroad, and the interchange of re- Para rubber for the month of liable and impartial nows: We Juno is 2,419 lbs.

It has just come to the know-will have considerable matters of

BOWLING.

His Excellonay the Canton Viceroy's time is so much taken own, if not actually increasing. up by planning out the measures Cardiff, though only used by to be taken in connection with men-of-war, and imported almost the matter of re-organization after solely by the Admiralty, comes.

CHINESE CAUSE the Canton outbreak that it is in third. There have been increas

TROUBLE. possible for him to pay his at-ed shipments from Hongay; but "This letter was sent by registention to the administration of from Australia and India large tored post and refused by defen- the bannormen's side. It may be decreases appear; while no Labuan

Naturalized Foreign Subject's. dants, Various negotiations con-mentioned here that His Ex-coal was imported during the year. tinued and in August a writ was

I remarked last year upon the

The principal increase aro un-THE "TELEGRAFE" CORRESPONDENT collency is acting as Tartar issued, but withdrawn on defon-Ceneral, in addition to the dis fact that, in spite of the largo in dor light duos, $3,683.83; light

Canton, July 7. dants consenting to tako delivery charge of his duty as Viceroy. crease in coal imported, the ship- duce, special assessment in respect of the goods.

importance and interest to an Mr. R. N. Traman, secretary of On the 30th May of this year Excellency Sing Fun, the now

His Excellency has sent Hisments of bunker coal in the Colony of the Mongkoktsui typhoon re-

had fallen off considerably. This fuge, $5.473.16 junk licences, ledge of the Central Government nounce in this connection at no the New Semambu Itubber Co., wo wrote a long letter pointing Tartar General, who is at present year, the opposite occurred. Thore $1,34.45; boat licences, $1,327,- that some Chinese undesirables, distant date. Mr. Thomas F. Mil. Ltd., states that the output of dry the Company's out the amount due and throaton in the Capital, a wire urging is a falling off in imports, but on fishing stake and vet licences, king advantage of being natur- lard will be Editor-in-Chief of the rubber from

$573.00; Chineso

"China Press" and will be assisted Estates for the month of June ing proceedings. Notice was al-him to proceed to Canton without inercase of 22,1140 tons, or 3'5 por ways given to defendants of the delay, According to n talographie cent, in the quantity of bunkership licences, $375; emigration/alized foreign subjects, are giving by a large and experienced staff, was 487 lb.

Mesars. Hugo Roiss& Co., score- unctions and where they would reply received by the Viceroy, the coal shipped. But, of the total brokers' liconcos, $200; steam- the Chinese authorities uncausing take place. One of the defendante was prosent at the auction and eft l'eking on the 10th inst., and more than half is shipped as bunk-licences, $85; medical examina-uisanco. They will interfete Japan Advertiser" and the taries of tho Ohong Rubber new Tartar General was to have amount of coal imported, little launch licences, $189.75; pilota trouble and are an intolerable Under the now arrangements, the

"China Press" will bo on- Estates, Ld., say that the output to pla before their of rubber from the Estates for bought in a great many things." will arrive here in a fortnight's or coal, the remainder being re-tion of emigrants, $17,514.50; with anything if only opportunity blod

engagement and discharge of sea-presonts itself. Thay defy the roadora the mcat The Paisuo Judge: How long time. The Adjutant Tartar Ge-exported.

completo the month of June was 2,272 lb. laws of the Chinese Government, is this case going to take?

noral in Canton has despatched Korosone Oil-Hero enormous men, $2,579.60; Sunday cargo

Messrs. Awlerson, Meyer & Co., Mr. Harding A long time.

secretaries and manugore of the four, oficials to Shanghini by the increases are reported: in bulk oil working permits, $1,275; regis-and, sometimes are so daring that cable service in the Far East, China Merchants' Steam Naviga-and in case oil of 13,989 tons or ships, $306.17; and sale of print-rouble, and are placed in custody of the support of the public generare informed that the approximate of 20,559 tons or 5'77 per cent., try fee, $805; survey of steam-they are beyond the restraint of the impartially rendered and free from

When they get into restraint. Such efforts are worthy Kota Bahroo Rubber Estates, Ld., polico. tion Company's steamer Kwong

rally and without doubt will meet Tah to receive the now Tartar 386 per cent, while Liquid Fueled forms, $98.

There was falling off in revenue of the Chinces officials, they gen with their approval.

output of dry Para rubber for the General at the NorthernSettlement has increased by 5,089 tons, or

month of June was 2,119 lb. and accompany His Excellency 117-2 per cent. Those increases under the heading: Court fines, erally sock the aid of foreign down to Canton. The Adjutant appear to be due to competition $2,079.03; fees for storage of authorities in asking the Chinese Tartar General, has also asked a botween the Asiatic Petroleum Co. explosives, $3,007.70; and ex-olicials to give them up.

The Cential Government can- not stand this state of things any contractor to effect general repairs and the Standard Oil Co., whose amination of masters, mates and to the Yamon of the Tartar General businesses ure largely increasing engineers, $345.

in the interior of Chino in con-

The expenditure of the Harbour longer and thinks it quite timo to

Three rinks from the Kowloon | (Tan "TrinoRAPH!" CorrespÖNDINT.} to call evidence to prove that. Do- Preparatory for His Excellency's

sequence of their activity in open-Department for 1010 was $180,-putan end to it. Lost the officials

July 11, 1011. fondants offered 800 dollars;

ing up now distributing contres. 035.80 as against $100,670,81 my not dare to exercise their

powers in connection with such Club and three from the Police,

On the Oth of July, the Pro- As last year, I add a few re-expended in 1909.

case, fur. fear of foroiga in het in a friendly game on Satur marks about cortain other items Emigration and Immigration of import of which I have boon One hundred and eleven thou- torferenes, the Central Govern-day at Kowloon The home team vincial Assembly on behalf of the

Scores:-

holding the question of the Macão sand and fifty-eight (111,058) ment has introduced an Actore successful by six points. committee of the society for up-

Kowloon.

boundary delimitation, wrote to Cotton and Cotton Yarn-Here emigrants left Hongkong for va- whereby Chinese, who have be naturalized foreign

J. Grant.

the Canton Viceroy praying that is shown, again, a large increase, rious places during the year 1910

subjects,

allowed. Johnson. aro not

His Excellency should maintain to got. We may possibly arrive The work of making the much-of 10,114 tons, or 15.7 per cent., (77,130 in 1909).

R. Hall,

a firm attitude in the question of at some arrangement, but other-nooded improvements in the har-added to the increase reported last

Of these, 79,851 were carried pormantly to stay in the interior of

O, Alexander

the dredging of the Macao har- wise I shall have to go right bour was inaugurated with a year. This seems to be borne out in British ships and 31,207 in Clinu, to interfere with the public affairs in the country of their

(skip)

18 (skip)......23 bour. His Excellency has now through. I consider there is a celebration in which reprosent- by facts, though the increase was foreign slips.

D. Macdonald. forwarded a reply to the mom- atives of all the differont nations in yarn entirely, hardly any cot-

These figures show the large ancestors, or create trouble of any P. luuler"

kind. Offenders under this Act ton having been imported (owing increase, compared with those for will be dealt with by the Chinos J. Macdonald. K. MacLennan.

J. Grey.

T. Glendinging, bers The Paisne Judge: I am busy, residing in Chomulpo took part:

of the Assembly. In tho, letter it is stated that I cannot grant an adjournment Lieut-Gen. Count Teranghi, to the high prices ruling in India, 1900, of 33,028 (or 434 per cent.), authorities.

D. Harvey

W.Stuart B.E. the Viceroy has already a case like this.

the Japanese resident-general of and the Chinese product being which is accounted for by the

The Canton Viceroy has just Mr. Harris: I cannot agree to Koren, officially opened the exceptionally cheap and of good largely increased emigration to beou informed of the Act, and has

(kip).....14 (skip) ......13 lodged a proteat with the Macao O. L. Duncan. J. Watt. an adjournment. My friend has operations. The present plans quality this year).

Government, despatched officials The yarn the Federated Malay Statos to

well versed in diplomatic affairs lind plenty of time and the matter involve the expenditure of market,

though considerable provide labour for the rubber

to Macao to open negotiations is so simple. I am quite sure 15,000,000 yen and the employ-fluctuations in price occurred dur-plantations.

with the Governor, aud telegraph- can establish my claim, and I ment of thousands of Korea ing the year, was strong. The 6-Registry of Shipping.

demand being great and prices don't think my friend can prove labourers for several years.

10 ed through the Ministry of Foreign During the 10 ships were

year,

Affairs to the Chinese Miniator at he does not owe the money. Chemulpo is a treaty port generally favourable, large im-registered under the provisions of

46 Lisbon to send in a strong protest Mr. Harding: We disputo having an important trade mainly ports were made.

the Imperial Merchant Shipping

to the Portugasse Government. "owing the money.

in the hands of Japaness, export- Flour.Here our returns show Act, and six Certificates of Re- We are informed that rubber The Paisne Judge: You dis-ing rice, hides, and beans and the enormous falling off of 26,279 gistry were cancelled. 152 Dolins experienced a sharp riso, the The Coronation pictures, which The latter concluded by saying puts it?

importing petroleum, metals, and tons, or 44′9 per cent, This was cuments, &c., were dealt with in price having improved to ds. 54. were delayed owing to the late that although un decision has Mr. Harding: Yes, my Lord, cotton goods, but suffers from due to the virtual cessation of the connection with the Act, the fees There is an output tendency in arrival of the German Mail, will been arrived at His Excellency we dispute it right through, Wo disadvantages of tide and wharf-four trade in the Colony during on which amounted to $1,458 as the market and the price has gone be shown for the first time at the will, however, do his best to bring VictoriaCinematographThursday, about a settlement of the question. have a fairly good defence.

the first six months of the year, compared with $593 in 1009, up in sympathy.

Mr. Harris: Defendants yes- terday offered 800 dollars.

Mr. Harding: No, nd.

Mr. Harris: Yes, I am going

arrival.

100 dollars in notes to be paid TO IMPROVE CHEMULPO down and '400 dóllurs on pro- missory note.

HARBOUR.

Mr. Harding: In fact I was Work Started on Treaty Port on going to ask for an adjournment. There is certain evidence I want

defonco.

in

uge,

West Coast of Kores

able to collect information.

Kowloon v. Police.

Police. W. Cooper.

E. Fox,

W. Cameron.

A. Langley

instruct to authorities through. A. Walkor. P. Angus. out the province accordingly,

BUDDEN RISE IN RUBBERİ MARKET,

T. Noave. W. Gerrard, J. Ramaay

J. Grant ...(skip) ......20 (skip)

52

MACAO HARBOUR.

WHAT HAS BEEN DONE.