1912-04-19 — Page 4

WATSON'S

E

VERY OLD LIQUEUR. SCOTCH WHISKY.

A BLEND OF THE FINEST PURE

MALT SCOTCH WHISKIES.

For over 80 Years WATSON'S E has maintained the reputation of the FINEST SCOTCH WHISKY in the FAR EAST.

A. S. WATSON & CO.,

LTD.

ESTABLISHED A.D. 1841.'

WINE & SPIRIT MERCHANTS.

.20

THE HONGKONG TELEGRAPH, FRIDAY, APRIL 19, 1912.

DAY BY DAY.

OF INTEREST TO:

SEAMEN.

A people religiously right will ADVANCED PASSAGE MONEY

remain politically wrong.

not long rises to heaven, justice

radiates on earth.

German Mail.

1

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The Hongkong Telegraph.

HONGKONG, FRIDAY, APRIL 19, 1912.

THE DREAMS OF YOUTH.

Now that matters are settling down a little, at Home and abroad, it may be pointed out that there is an essential connection, in spicit between the economio unrest in Britain and the political unreat abroid—the Young China movement especially. The Ibsenito formula: "The younger generation is knocking at the door" ex- plains both, and the same danger faces both. No one who has the least noquaintance with the matter can avoid the conclusion that the

tions and the Minors Federation still been controlled by the older men of cautious temper and nature judgment. Men like Enoch Edwards, John Burt-and W. Abrahams, are nowadays regarded as out of date and of little account. The Federation to-day is driven by younger men, trained, many of them, at the Ruskin College and the Central Labour College at Oxford. They dream of a new heaven, these young men; their enthusiasm has run over; they are out destroy the social and economic fabric reared slowly and painfully during a thousand years. They are the more dangerous in that they do actually believe in themselves and their dreams.

to

of

Second Point Falls.

Shipping Order of 1890, and in port of destination in the United certain portions of the Imporial Kingdom after that dato or the But if I am wrong" on Act which have local application. discharge of cargo consequent on this point and the contract

By soction 41 of the MS. that arrival, Ordinanco, 1800 so much of the

Barvico is illegal and Tho praotico of the Harbour provisions of the M.S.A 1801 and Office is in the case of agreements thoreforo void even then I think An Important Test Case which are in force in England the local trao to limit the period soverable from the rest. Thoro of any Acts amending the same, to serve on vessels engaged in that this part of the contract is and. are inconsistent with the of service lo a maximum of six is the promise to sorve, opusidora-

TO BE REPAID.

To-day's Judgment.

31

to

pay

:

I think that this practice is correct and that sections 115 now applies horo,

Defendant's Argument.

the

To-day's Paper. 'Latest telegrams touching the

provisions of the Ordinanco are months in accordanco with sub-

fot witch is the promise to engage Titanio dianator appear on page In the Summary Court this repealed, so far as it relatos to section (6).

and to pay wages at a certain 1. On pago 4 appears a judg- inorning Mr. Justice Gompertz ships registered in the Colony,

rate. Thoro is again a promise ment of peculiar interest to sea delivered judgmont in the case of but in all other respects, are in

to repay money advanced-that' men while on page 4 will be the Indo China Storm Navigaforce in England, shall be in

is au nu excopted consideration. found a full report of an import- tion Co., against H. P. Robinson forco in this Colony. This is a

The promise to repay is soparato aat meeting of the Ladies' Re of the s... Wing Hon. The action broad general enactment.

from the contract to serve and is creation Club. "Xaverian's"

Now the argument for the de-founded Then sections (2) (3) and (4) fondant was as follows: The which is perfectly good and legal. arose over an advance to defon-

upon consideration sporting notes will be found on dant made to him in London rende as follows:-(I give the vessels of the plaintiffs are on On the second point thon I think page 8, as usual on Fridays. of £28.8.0 in order to enable material portions only). 4. him to pay his pasange out.

gaged in the local trade, and the the dofonce fails. I come now to (2) No seaman shall, except Rumour is busy again with a in a letter written at the time with the sanction of the Harbour average length of a voyage being the third point, that his advance. tale that trouble is feared in Can- he agreed

loss than six months, the agree is irrecoverable. the Master, be shipped to do, duty on monts must be running agree ton in the near futuro. At any money back by gnthly instal-board a British ship elsewhero ments and are limited to a dura

The mattor of sonmen'e nd- rale it is certain that quite re-ments. The case for the defence than at the Mercantile Marine tion of six months. The dofond-

vancos was dealt with by Parlia- cently 5,000 troops were brought was that when defendant signad Office.

mont as early as 1845. It was down from the north in a steamer his articles the agreement by

ant on his arrival in Hongkong provided by belonging to the China Merchants' letter was rendered void, and ship...shall enter into an agree and on its expiration he entered section of Seamen, section 7, that and 0 Vic. Cap. (3) The master of avory British shipped under such an agreement 110 entitled on Act for the Pro Sjoam Navigation Co,

further that it was against section ment: with every seamon whom into another similar agreement no advance should be given or 103 subsection. B. of the Mor-he engages in this Colony and for a period of six months. Even advance of wages made to any ohant Shipping Act of 1854, for carries to sea as one of his crew, if section 115 does not govern the defendant to have to repay in the... form and manuer provid contract sued on yet as the section articles had been only signed. seaman until after the ship's the money by instalments from od by the Morchant Shipping limits the agreement in the arti- All payments of wagen contrary assignment or sale of wages prior his wages. The Act said: “An Act 1894.

cles to a period of six months it to the provisions of the Act were Special Provisions, not bind the person making the ship carries any senmen to soa to the accruing thereof shall

is not-competent for the seaman declared to be null and void and (4) If the master of any such

to make another contract for the amount theroof recoverable without entering into an agree- longer period. If however ho

This Mr. Davidson appeared for the mont with him in accordance with makes such a contmot, it is in- by the soumen as if they had not

been paid or advanced.

shall be liable to a penalty not

therefore bad, Otherwise the cantile Marina Act of 1850 which The Agreement.

oxcoeding $50. Those subsec provisions of Section 115 (6) The judgment was as follows:tions form an extension to the afford no protection to the class vance of wages should be made would be a dead letter and would regulated the form of advanos notes and provided that no ad- This is a claim by a shipping Colony of the special provisions of persons for whose benefit they or advance note given unless the A Chinese who stole a pump company to recover from the de-relating to the engagement of

agreement contained a stipula valued $100 from .. China, was fondant an officer in the mor- men which are in force in

To Protect the Seaman, of England.

tion for the same and an acou ate charged at the Magistracy this cantile marine, the sam

Now I think there is much statement of the amount. If any Now, coming to the first point morning with the offence. Io $270.98, boing the equivalent of was further charged with return-26.89. advanced by the plaintiff of the lefence, I will say at once foren in the contention. It was advances were made or advance ing from banishment.

company to the defendant for his that section 113 (1) of the Aot argod for the Plaintiffs that al-notos given in broach of these passage money from London to has no application hero, for the though the soamon's service un-provisiona the wages should be.... Hongkong. The plaintiffs sue simple reason that the defendant der the articles is limited by thin recoverable as if no suela advance upon an agreement in writing in was not, in the words of the sea-section, that is merely because ho had been made and no party tion, "carried to sen as one of the is inoura special liabilities under should be sued on suoli advance the following terms:-

"I hereby agree to enter the crew from a port in the United the articles, in respect e.g. of nota unless he was a party to such service of the Indo-China Steam Kingdom." He left England as losertion or refusal to do duty. bronch. The Marchant Shipping Navigation Co. as third officer at a passenger on a mail stoner These liabilities they say, the Act of 1854 provided, section 149, We have had sent us by the a monthly wage of £0 per nionth, and his duties as a seaman did legislature was unwilling to im that the articles should be so Commercial Pross, Limited, such pay to commones upon

not commence until after he pose on him for longer than a framed as to admit of stipulations Shanghai, some neat little vo signing articles at Hongkong had landed in Hongkong. So maximum statutory period. This is to advance and allotment of lumes of war scenes of the Chi-This aniount to be increased to for, then, the agreemont is un-objection would not apply to a wages. Section 108 of the Act ness Revolution. The explana- 413 after six months' servios touched by the Act. Did, how collateral agreement at Common regulated allotment notes hat tary lines are printed both in The cost of the passage out over, the agreement become bad-law, the only remedy for a breach there is no specific provision or English and Chinese.

£20.88. to be advanced by the its form is certainly not in ac-But the argument seems to me Act. Then came the Merchant of which would be a civil action, meation of advanoo notes in this Co. and to be refunded by me at cordance with the requirements

same.

The last fortnightly dando of plaintiffs and Mr. Russ for the the last proceding subsection. he consistent with the seotion and is section was repealed by the Mor-

the season, in connection with the United Services Recreation Club will be held at 9 p.m. ou Saturday, April 20.

Smart Sentences.

For the theft he was sentenced to six months' hard labour and for roturning from banishment ho 9788 soutenced to six months' hard lu- boùr, and four houre' stooka.

War Scenes.

Licensing Board.

Leave of Absence.

Forthcoming Wedding..

steamer Koorber, for Home,

L

defenco.

The Stipulation,

were enacted.

A meeting of the Licensing the rate of £2 per month for the of section (3) of the local satisfactory. Thereisno doubt Seamon Act of 1880 which by Board will be held on Wednesday, first six months and then at an Ordinance when the defendant that it is the policy of the act to section 2 (1) made void all sgres. May-1, to consider an application increase in proportion to the pay shipped in Hongkong? In my protect the seaman, sometimes as menta whatever for the advance to transfer the publican's licence until the balance is paid off, and opinion it did not, and for the much against himself as against of wages conditional on going to

his employers. to sell by retail intoxicating I further agree to remain in the very simple reason that this was

soa. The section further provid- liquors on premises No. 11 and 13 Company's service for at least not the agreement under which If on certain vorages the lawed that no money paid on such Nathan Road, Kowloon,under the twelve months from the date of he shipped. The contract put the articles for more than six from wages and that no person forbids him to bind himself under documents should be deducted |sign of "The Station Hotel," signing articles in Hongkong. in providea for articles being

agros to sail per 8.8. Yorcke lony signed in Hongkong, and it is in months I fail to see why he should should have any right of action, Leave of absence on private af-ing Southampton on August 30, evidence that articles were in bo allowed to bind himself for a suit or set-off in respect of any fairs, to the neighbouring coun- 1010.

fnot entered into in due course. longor period by private contracts. noney so paid. This section was tries, has been granted to Captain.

Youra faithfully,

The law requires for the proteo True, the remedy for breach is a repealed by the Merchant Shipping H.K. Hughes and 2nd Lieut. J. A.

(Signed) H. P. Robinson. tion of the seaman a special form civil notion for damages, but il Act of 1889 and the terms of section Jervois, 1st Ba. K.O.Y.L.I. from

There are alternativeclaims for of shipping agreement. If this must not be forgotten that in 2 of that Act are substantially April 30 to May 14, both dates in- money lent and for money paid at exists and is regular and in some jurisdictions, notably in this reproduced in section 140 of the clusive.

the defendan's request.

order, the law has nothing to do Colony, a man may be taken to Act now in force. Section 114(3) This is, I take it, a test case,

with the other agreements he prison for a civil debt. On the of the present Act is as follows: A marriage has been arranged the object, being to try the valimay chose to make, as far at any whole, I think the stipulations for The agreement with the crow between Captain John Bois, Thodity of the agreement under rate as the mere form is cou-not be enforced against a defead- such stipulations to be adopted at a service of twelve months could shall be so framed as to admit of King's Own Regiment, older son which the advance was made, Icerned. of J. C. Bis of "Kingalyn,"

ant on an agreement where seol- the will of the master and seaman appears that the plaintiff coin-I calamitous strike at Home would never have roached such propor-Upper Norwood, lato of Shang pany usually engages its officers not formally void contains stipula- however, altogether conclude the the advance and allotment of hai, and Edith Norah, younger in London on an agreement in tions which are contrary to law, point. There is no express men of wages or otherwise as are not Ifhowever an agreement though ion 115 applied. This does not, in each case whether respecting daughter of G. C. Bordeloy of this form, paying on their behalf either contrary to the general law tion in the agreement sued on of contrary to law. Ulverscroft, Virginia Water.

Leaving for Home. the coat of the passage out to because they are prohibited by the nature of service to be under- Mr. E. H. Pond, of Messrs that the recovery of this advance/express enactment or because they taken. True, the plaintiffs' ves provides 1'(a) 'Where an agree

Then comos gootion 140 which Hongkong. I rather gathered Brewer & Co., Stationers and Booksellers, leaves the Colony matter depending

is not always pressed for: the are inconsistent with the terms of trade and of course the agreement be made in a form approved

sels are mostly engaged in coastal ment with the crew is required a statute-(the Marcantile's.s (o. perhaps on to-day by the Austrian Lloyd the length of time the officer to Hall 1000 2 K.B., 423) then eventually made in the articles the Board of Trade the agreement

mains in the Company's service.

those stipulations are invalid. was a running agreement, but kong for four years. Previously

Now the agreement sued upon

this in itself does not make the may contain a stipulation for seaman conditionally on his going he was connected with Mesara, point.

ant shall serve for at least twelve face of it. It was not set up for to sea in pursuance of the agree When enthusiasm, untempered by experience, breaks loose

Brewer's Shanghai establishment. Defendant's Admission. months from the date of singing the defendant that the plaintiffs ment of a eum not exceeding the there is danger ahead alike for the individual and for the State.

The Ready-made Business In this case action was not articles in Hongkong. By section are limited by their memorandum amount of one month's wages pay- The example of the Miners Tederation will be followed by other

It is reported by Siberian taken until the defendant had c-5 (3) of the local ordinance agree of association to coastal voyages able to the seaman under the huge trade organisations, and there is much trouble and suffering to papers that not long ago the re-signed his post after serving ments made by masters with sea- Yearly Agreement Valed. agreement and (b) stipulations. come which it is not pleasant to contemplate. A that trouble inay: English manufacturing firm in the plaintiff, made this payment the form and manner provided by an I cannot therefore assume wagoa may be made in accord- presentative of the biggest twelve months, He admits that mon in the colony must be made in I have no evidence of that point for the allotment of. 4. seaman's almost surely will, spread to other countries, where youthful the town of Leeds, Natima Rubon, on his behalf. The question is the M. S. Act 1894, Section 114 that it will be ultra vires for the ance with this Aot, save as afore dreamers and enthusiasts are waiting to light the torch of rebellion: left Harbin after concluting or now whether they can recover. Before experienced men first apply light to that torch they calculate ders on behalf of Harbin and pro-

of the Act provided that the agros-company to send a vessel or said an agreement by or on the consequences, so far as they can be calcalated. They make a vincial Chinese firms to the value the contract of service, good it as practicable the duration of the duration than six months. Should seaman for the payment of money The defence in to the effort that ment shall contain inter alig as far vessels on voyagea of granter behalf of the employer of a nearly certain as is possible in this uncertain age that the limo will spread light and not destruction. The trade i union leaders at Home of 250,000 roubles for ready common law, is made void by intended voyage or engagement, they decide to do so, au agree to or on behal of a seaman con- have not stayed to consider earnestly and cautiously what may re-made European clothing of light the special statutory enactments or the maximum period of the ment for service of twelve months ditionally on his going to sen from sult from their recent actions and on them will probable rest in the that even Germany with her seamen. The first point is that

cotton material. It is stated which govern the engagement of voyage or the engagement, * or more might be perfectly valid. any port in the United Kingdom. Under the special airoumstances shall be void and aùy money pald Youthful dreams, again, are spreading throughout the East. tion to compete with England in boing in a form approved by the learn that the practice of the Harthink that the agreement for any such agreement should not oheap costumes la not in a posi-the agreement is illegal as not There is no limit of time ani I of this case I have said that in satisfaction or in respect of They raised Japan-to-the-position-of-a-first-class power, but they this business, and that only Ja-Board of Trade. were dissipated in Turkey and in Persia. There are ugly realities pan, thanks to her cheap labour,

bour office is to admit engagements twelve months' servios could not be deducted from the scamin's now facing the Young Turke, and Persia has discovered that more can rival her.

Secondly it is urged that section for two or three years. But sub- liave been enforced against the wages and a person still not have enthusiasm and forms of government fashioned after Western

115 of the Merchant Shipping sections 5 and U of section 115 are defondant. But that is not now any right of notion, suit or set-off Japanese Naval Manœuvres- Act as to running agreement is as follows:- models will not alone lead to stable government. There is more required, if success is to be achieved, than enthusiasm and high of the Japanese navy will take section.

The usual autumn manoeuvres contrary to sub-acetion 5 of that (6.) The agreements may be made completed the service agreed algues in respect of any money so the issue, for he has in fact against the seaman or his as ideals. There must be solid character in the men behind the new place on the Pacifio from the

for a voyage, or if the voyages on. The question is whother part or purporting to have been movement. That is the lesson China' must take to heart. Mere middle of October to the middle advance is irrecoverable under months in duration may be made successfully resisted the enforce been modified from time to time. Thirdly, it is said that the of the ship average less than six the fact that he might have so paid. The law has of contse

દાંત forms of self-government are of little use in themselves except thers of November. An attacking force section, 140 (2) of the Act and to extend over two or more voyment of this stipulation had As it now stands the agreement is in the now Government men with that character essential to suc-will comprise the battleships of again that section 163 (B) applies, ages, and agreements so made to he chosen to do so makes the may contain a stipulation for cessful self-government. The real source of Japan's greatness is the First Squadron under the and the defendant, je not pound extend over two or niore voyages whole agreement bid. In my payment conditional on going to the intense patriotism which has become a religion and which command of Admital Dewa, and by the agreement. It was also are in this not referred to as run-opinion it does not. I am luclin sea of not more than one month a dominates every set. If the same patriotism can be fostered in other vessels, while Admiral Uryu urged that the general policy of sing agreements. China, slowly it is true, but steadily, we shall not go for astray if will be appointed Commander of the Act as a whole in adverso to(0) Runing) agreements shall which, as I have sald, is good on to Hongkong so as to render

el to think that this agreement, wages. Does this section we prophesy for her the eventual position of a great power. That the defending forces. Upon the such advances which are contrary not extend beyond the next the face of it might even in the any agreement for success will not some rapidly; without patriotism and what for conclusions of

to its spirit The law of this following thirtieth day of Junel oiroumstances of tits dave have larger amount who be held Coliny relating to the Mercantile or thirty-first day of Decembbean good as a contract to serve

Marine is found in the Merchant the first arrival of the ship us her for six months,

(Conti

Mr. Pond has resided in Hong-But that after all is not a material has a stipulation that the defend-agreement sued on bad on. the payment to or on behalf of the

ultimate a responsibility fow men would care to bear.

拿

want of a better word--we have called oharacter, It will not come naval revienthe exercises-

Tolyo Bay.

No Limit of Time.

the