1913-09-23 — Page 5

ALLEGED BREACH OF ·

CONTRACT.

Chalm Agalast the Kowloon

1.

Canton Railway.

THE HONGKONG TELEGRAPH," TUESDAY, SEPTEMBER 28, 1913.

orials. The writ bad bin ex- CORRESPONDENCE. dorsed for $1,600 in accordance with the ordinary practice of the Summary Uoart, but it did not mean that they put their damages as high as that.

A number of documents were

then put in by Mr. Davidson and the case for the plaintiff closed.

In the Summery Court this morning, before the Puisne Judge, Mr Justice Kemp, Lau King-cho, trading as Yes Shun,

The Crown Soliritor, addressing contractor, High Street, Victoria, sued H, P. Winslow, manager of bis Lordship, submitted that the the Kowlcon-Canton Railway, case must fail. The action was British Sration, the statement of brought by Lau King cho and claim being made out as follows: the agreement was made with a -The plaintif suce as assignes man named Yee Shun, and there of the Hongkong and Kowloon was no evidence whatever Wharf and Ocdown Company for prove that they were one person.

Mr. Davidson pointed out that $1,000 damages for breach of an

or about both names appeared in the writ, Agreement made on June 17, 1012, by, defondant 12 one tainge plaintiff's rame end permit the Godown Compony to the other the name under which pull down and remove from the Le traded." defendant's premises all the

His Lordship infinited that building materials contained in the southernmost bay of a build. he would deal with the point at ing formerly part of No. 56 Godown but now used as temp- orary offices for the defendant's staff the benefit of which agree mont was purchased by the plain tiff on July 21, 1912.

Mr Davidson (Messrs Hastings and Hastings) appeared for the

plaintiff, and Mr P. M. Flodges,

Crown Solicitor, was for the de. fendant.

.

#

Mr Davidean said that this was an action for damages for breach of contract, and the defendant WBs sued under the Summary Jarisdiction Or inance as repre- Benting the Clown. The facts were quite simple. On Juce 12, 1012; the

Hongkong and Kowloon Whorf and Godown On., surrendered so the Crown Kowloon Marine Lots 3 and 9 for the purposes of the railway There were thon on the lots number of godowns and other buildings. The oos with which

they were concerned was known

manent

later Binge.

a

to

[The opinions expressed by our correspondents are not necess- arily those of the "Hongkong

Telegraph"

HONGKONG SANITATION,

To the Editor of the "Hong-

kong Telegraph."

Sir-In no other Civilized City in the world world such a state of things be allowed to exist as they do in this Colony. Garbage Buckets are permitted to be plac ed under other persone windows, uncovered, from 9'o'clock at night until 6 o'clock the next morning, and loose Garbage dumped on the road, and although several com- 'hints have been brought to The Crown Solicitor said theihe nolics of the Omrials, case for the defence was that they no steps have been taken knew nothing whatever about the to abate this nuisance. The stench assignment by the Godown Co. that arises from these uncovered the man Yee Shun; they wer

recepte les is most offensive, and assign sometimes unbearable. : not a party to that

They had ment, and

Why the Chinese should not be notice of

An in- terview, took

made to keep Garbage Buckets place betwren July 20 and 25, 1912, between on their own premises until the Oart comes round in the morning Mr. Winslow and Mr Oahu pe instead of causing a Duisance to who was at that time secretary of other people, is a mystery to me. the Godown Co, there having been a considerable exchanging uld not the Medion Faculty of property from one company to another. Mr Osborne verbally steps to stop the spread of Ma- agreed that Mr Winslow should leria, Fever, and other noxious retain HR many bays of the go least doubt is caused by these

diseases;

which there is not the down as he wished for ollices, and Backets remaining uncovered the Mr Winslow said he would retain soven.

night, The seven baya were accordingly converted, to

Du

Medical

and

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MILITARY RULE IN

SHAOSHING.

The Cheklang Railway,

ourse. But President Wil sco holds back from dealing with General Huerta, hoping that he will fall or retire.

MACKINTOSH

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"MEN'S WEAR SPECIALISTS,' 16, DES VŒUX ROAD,

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WILLIAM POWELL,

We do not wonder that all Shucshing, Sapt."85... sensible Americans abrink from On returning from a holiday I the thought of a Mexican cam- find the city of Shaoshing under paiga. A quarter of a million the strict: st militery government, men would be easily lost in the writes aorth China Daily News vast and difficult mountainous NEW Corts, adent:) The Figgage of country: A campaign wight coo. all perains entering or leaving tinue for years, and a permanent the city is subje ste to the clogs occupation be unavoidable in the on duty at the city gates. The Americans do not want. The search by the military and police and." hotels and boarding houses must trouble and expense of the Philip- But that is just what

report the arrival and departure pines have oured them of land of their guests, together with hunger.

their names and addresses."

Ningpo-Yuyao Railway Opened.

On August 28 the railway was and Tayao, eo it bae at last! opened to traffic between Ningpo give entered the Shooshing prefecture

woole some "of US & chance to

yours, eto., "A Sufferer. Hongkong, September 23, 1912.

BLUEJACKET FINED.

до fewer

8

...SEA WATER B. N

REMOVED.

ways are poor and there ears of penalties. During the than five heul. Ecorching summer of 1911, I was overs between Sbroshing and staying at a hotel in Brittany Yuyao, On the other side of where the water supply gave out Shooshing there remains th

The proprietress wung ber bands

little drinking great barrier to traffic, the Teier. We have a tang river, across which gooder water," she said, "but it is the transported at immeni cat, water for washing purposes!

"But," I exclaimed, "there's the The railway need not festa- rotition by water traffic in this rea! "Ah! bat, monsieur, we must not touch the Esa! Saa part of China.

water contains, salt, and there is) duty on salt, so therefore it is forbidden to take it. Observer.

Cleansing City Canals. During the recent drought

a

TELEPHONE 846.

LTD.

FOOTWEAR FOR

SMART

ATTRACTIVE

STYLES.

The Pick

The French are now rejoicing at a point sixty miles distant in the permission to take a caníul plans diawa by Mr. Baker, the live a little longer in health and

from Shaosbing. What will un-of sea water from the ocean. contract being carried out by Yee comfort instead of as present doubtedly prove the most paying

Hitherto it has been against the Shun. Yes Shun did, aa waking up at morning feeling ont

8

yet to be the water from the ses, and children matter of fact, mention to Mr. of sorts? I am sure many of the part of the Chekiang railway has low, to dip out even a basinful of We Baker that Mr. Osborne had sold community would not fail to section lying between Ynyao and who filled their pails at the as Godown 58. The surrender him the right to remove these remember them in their pre- Hangehow. The existing water water's edge were liable to all was an absolute surrender to the bays subject to the right of the era as I often do the members Crown but it contained the fol- Government retaining six bave of the Sanitary Board at the lowing exception, viz., it sucren for the staff. That was after present time." dered Kowloon Marine Lots 3 the contract between the and 9 to His Majesty the King, company and Yee Shun was together with Kowloon per entered ints. The seventh

19. ja pier No.

bay was not included. That, said consideration of a sum of $404, Mr Hodgson, was not their fault 863 25, and it contained the bat a mistake on the part of the following exception: "Save and Godown Co Mr Baker in 'ormed except the messunges, erections, the man that that was not so, and and buldings on the aid Row-that they had arroged with the At the Polics Court this morn- Ican Marine Lote 3 sur 9"

Goduwa Co, tx retain seveu bays. jog., an American bluejacket Sabsequently, on July 31, 1912, The relations with Yee Shun from the Wilmington, pamed good work has been done by the the Godown Co., by an agreement were amicable and be was very Edward Massey, was charged citizens in despening and cleane in writing, sold the buildings, pleased to get the contract, the with assaulting anightsoil woman ing the city canals. Unfortunate- including Godawa 50, to the

price paid him for the work in Ship Street, and sles with ly the fith removed from the plaintiff. On January 18 of this being over $10.000. Yee assaulting a constable. For a canal beds now blocks the year the plaintiff wrote to the de Shun did other small works saulting the women, he was fined streets and renders them almost fondants the following letter for the railway company several 87 or in default fourteen daya, impassable in many places "Dear Sir,-As the owners of G6 months afterwards and constantly but Me Hazeland said he was not I have been informed that, downs Nos. 35 and 56 situated upon | visited both M Bikor and Mr convinced as to the assault on the when the canala bave sufficient the gits of the proposed new rail- Winslow in these downs, constable, and on that charge the water, the filth will be removed way station, we shall be glad to be which were occupied by the fair defendant was disolerged. by boats and dumped outside the informed exactly as to the position way company without inte far-

city walls. At pre at the pro- THE Steamship in which we stand with regard to eace. Consequently, when on

spect of an early removal is not! the removal of the raid godowns. January 18, Mr Winslow re-

bright, as the canals have only a having arrived from the above As you are aware, we bought all caived this extraordinary letter

uniform depth of from one to six porte, consignees of cargo are the buildings of these godowns, from Yea Sius, both he and Mr.

inches of water.

hereby informed that their goods from the Hongkong and Kow Baker were very much surprised.

In spite of the long drought will be delivered from alongside loon Wbert and Godown Co., Yes Shun asked $4,000 for the Four men were charged before the crops on the great Sboshing Cargo impeding the discharge

31., 1012. surrender of the seven bays, but fr. Wood, at the Police Court, Upon purchasing the godowns as he had only paid $750 for to-day with dumping a dead plain appear not to buve suffered; of the vessel will be landed at on the contiery the yield per acre once, at consignees' risk and we entered into an agreement seven or eight complete godowas body in Cantre Street, West Point. promie as to be heavier than that expense, with them, etc." That was notice the railway company naturally Three of the defendants were of last year, when the rice crop

senman and the other a coolie. was considered a good one. to the Railway Co. of the assign could not entertain that. ment of these godowns. The de

The man had been brought from Mr. Winslow and M. Baker a ship in the Harbour a few days fendant had since declined to: permit the plaintiff to remove one then gave evidence baaring out ago and he died in a seamen's of the remaining seven bays of the remarks of the Crown boarding house where three of the

Ltd. on July

Godown. 56. To put it in a cut-Solicitor.

shell, the case for the plaintiff The case was proceeding as 'we wad that, he had to prove his title went to press.

to these buildings and that the

defendant had refaced to al-

low him to remove them, by

which refual he had suffered EXECUTIONS IN HONAN, damage. The Godown Co. were the owner of the land and the buildings-that was admitted by "the defendant. Prior to June 17, 1912, all those pieces of land re-

damage it was clear that the

A Reign of Terror,

Kaifong, Sopt. 12.-We are

A DUMPING CHARGE.

men were staying.

The dist defendant wse fined $100, the second sad third 825, and the coolie $10.

THE PROBLEM OF MEXICO.

The problem of Mexico, says the Spectator, is expressed in its immediate form in the question: Shall President Huerta Le reoog- nised ? In the last revolution in Mexico General Huerta deserted the cause of President. Madero and installed himself as Pre- sident. It is commonly belived Reported Arrival of Li Lieh-chun. that he also sanctioned the murder of Madero. Since

FEBEL LEADERS IN

SHANGHAI

To-day's Advertisements,

NOTICE TO CONSIGNEES. From CALCUTTA, PENANG and SINGAPORE.

"JAPAN."

board

on Cargo remain ng on the 24th inst..

will be landed at consignees' risk and expense.

Consignees of Cargo from SINGAPORE & PENANG are requested to take Immediate de- livery of their goods from along, side, such cargo impeding the discharge of the Vessal will be lauded and stored at consignees risk and expense:

"

No Tire Insurance has been effected.

,་

Bills of Lading will be counter- signed by the undersigned.

DAVID SASSOON & CO. LD,,

Agents.

(807

ako. 23rd Sept., 1918

FOR KOBE AND MOJI.

"HE Steamship

gistered in the Land Office as truly living under a reign of Kowloon Marine Lote 3 and 9terror these days. Yesterday It was reported yesterday, says then General Huerta has held the together with all the buildings twenty one men were shot, after the North Chinu Daily News of Presidency by a kind of latent

THE and erections thereon, were rest having been examinal, and pro Sept. 18, that Li Lieh-chun, ex- terrorism nothing excessive or

''! JAPAN," lon Wharf and Godown On Ltd. military and police yamen. ed in the Hongkong and Kow-bably tortured, at the combined Tutub of Kiange, bad arrived in out of the way for Mexico.

Shanghai, and various rumours Americans hate a dictator, and Capt., C. P. Seddon, will be des- absolutely. On the question of

were current as to where he was all men bate a murderer. As patched for the above ports, on Apparently very slight evidence resident,

General Huerta is reputed to E3 FRIDAY, the 26th iust, at 3 p.m. The Steamer has superior sc- measure of damages must be the is sufficient to condemo, pod feel-

The Kiukiong correspondent both, Washington cannot make value of the materials contained ing in the city is running high of the C. C. Post,writing up its mind to receive bira into commodation for passengers, is in this one bag, because the acts against this summery method of on September 9, Blys: Li the comity of nations Other installed throughout with Electric of the defendant would deprive procedure. Every two or three Lich-chan passed through here countries, including Great Britain, Light and carries a duly certified the plaintiff entirely of them. It days I am told, executions take this morning

the have recognised him, on the on was obvious that if plaintiff had placo. In former times, the peoYohyang Marn ea route for principle that he is no worse than weeks for Shanghal and Kobe proceeded for an injunction in ple eay, robbara and such-like Shanghai. It seems that aftor other candidates for the cat, that (Inland Sea), returning via Moji. this case, or, to put it more acou-offendo.s were put to death, but his escaps from Nanchang he he is the man in possession, and providing a stay of 5 to 6 days in ately, "specific performance never have there been times like made his way over into Henan, that no ruler whose position is Return tickets are available by and succeeded, plaintiff would these.

and on reaching Changeba went not regularised ever has a fair the Indo-China Steam Naviga- have got the building materials

The Honan brigands are not on board a certain Japanese cliance of suppressing brigandago tion Co. Steamers. Fare for handed over to him. If his Iord-

yet dispersed. A soldier told me steamer. While at Hanków po and ivsurrection, and pulling his round trip $128. ship had not sean fit to make an this morning that 500 eva y efforts seemingly were made to country financially rounds For Freight or Passage, apply

specific performance

are going to the famous Lushan arrest the rebel leader, although corner.

DAVID BASSOON & CO, LTD. the equivalen; in damages would to moriow-North China Daily Vice-President Li Yuan-bang was Sinos Mexico is Mexico this

At Aganta B have been the value of the mal-

treme to us to be the wineet Hongkon w-ll aware of his presence,

22nd Bapt, 1018 [494]

order for specific

News

a

doctor.

3

to

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