1914-04-03 — Page 4

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THE HONGKONG TELEGRAPH, FRIDAY, APRIL 9, 1914.

The New Railway Agreement,

After the frequent statements which have been made to show. that Great Britain bas in the past beon outwitted in the matter of railway a›ncossions in China, it is especially cheering to read of the

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NOTICE TO SUBSCRIBERS.

by the agreement between the British and Chinese Corporation

The Weather.

for the construction of a thousand- mile line from Nanking to Hunan, 76 sunshine. This line, we are told, will traverso the richest part of the country | fog. and will give the best possibili ties for traffic of any route in

China. The concession will mean

the flotation of a loan of some eight millions sterling, but this will be amply secured by a mortgage on the line and its re-

venues.

From

every stand-

point the arrangement appears thoroughly squad-Ohi will get the line built, through foreiga assistance, while the

Corporation which makes this

possible will be given certais very substantial concessions. The Only Way,

From the fact, that the Chief Engineer, Accountant, Traffic Manager and all materiala are to be British, it is evident that

The Malls.

CHUNG SAU NĂM CASE AGAIN.

Judgment in the Application this Morning,

|

MISREPRESENTATION CLAIM.

Tribute to a Doctor.

#

ADMITTED ONE CHARGE.

Pleaded not Gully

to a Second.

Sir William Reos Davies (Ubis

In giving judgment for the Justice) and Mr. H. H. J. Gom Dr. Ho Lok-kam and Leung Sam, oon Mr. Mason, of Meera defendant in the action between

At the Police Court this after... pertz (Paisus Judge) sitting in in the Summary Court yesterday D'Almada and Mason, defended Fall Court of Original Jarindio the Puisne Judge said-There Chinese who was charged before. Lower lower level 8 a.m. Temption, gave judgment this morning was not sufficient evidence to Mr. Eazolend with being in pos At the Peak 8's.m. Temp. 68/in the application to set aside a show that Dr. Au Sz-cham basession of 3,000 lottery tickets,

frivolous sad vexations the action setel in this matter as the agent and also with being in possession in which Chung Sau-nam is sp. of the defendant, and that all im- of four taels of opium over the plied for in extradition" on o

putations as to the skill and allowance by the Ordinance, in charge of misappropriating $150,000 the property of the carefulness of Dr. Ho have been Connaught Road West.

dropped by the defendant and Inspector O'Sullivan prosecut Kwangtung Government,

Sir Francis Piggott and Mr. Knowledge of himself (the Paisse

Dr. Ho's reputation was, to the ad, assisted by Ravenue Officer G. Alabaster, instructed by Mr. W. B. Hind, (Mr. G. K. Hall Judge), that of a careful sad Brutton) made the application,

ekilful practitioner. and Mr. E. H. Sharp, K. O., Mr. Eldon Potter and Mr. F. C. Jen-

Siberian Mail-Arrived per 8.3

Austria this morning. German Mail-Arrived per 6.8. Prinzess Alice this morning. American. Canadian and Siberian Mails. Close per 8.8. Tenyo Maru at 11 a.m. to-morrow. Siberian Mail.-Closes per es. Yingchow at 5 pp. to-morrow.

Extradition Case.

kin, instructed by Mr. R. F.. C. of the defendant's third contention Master, of Messrs Johnson, Stokes that the action is bad in point and Master, and Mr. P. M. Bodg. of form.

Wilden.

.

Mr. Mason said that he pleaded guilty with regard to the opium, but not to the charge concerning the lottery tickets. He would ad- dress the Court later with regard to a small fine being inflicted,

The case was proceeding se

The extrdition case was againson, Assistant Crown Solicitor I think the application must we went to press.

dontinned at the Police Couret, this afternon before Mr. Wood.

Departed.

opposed the application.

The Chief Justice said :- This is an application on be half of the defendant to dismiss the action as being frivolous and process of the Court. The applica. tion is based on three grounds.

be dismissed.

The Paisne Judge said :-

This is a motion on behalf of moved for an injunction and the defendant Chung San-namit was held that the existing to dismiss the action under the Government of Switzerland not

China has come to a full realisa. Among the passengers who left vexations and an abuse of, the inherent powers of the Court as having been recognized by the

The rates of Subscription to the "Hongkong Telegraph" will tion of the point that if her rail-

be as follows:-

Daily issue-$30 per annum. Weekly issue-$13 per annum.

The rates per quarter and per mens m, proportional. Subscriptions

for any period less than ne month will be charged as for

tuli month.

a

to

The daily issue is delivered free when the address is accessible

messenger. Peak subscribere can have their copies delivered at their residences without any extra charge. On copies sent by post an additional $1.80 per quarter is charged for postsge. The postage on the weekly issue to any part of the world is $1.00

per quarter. Sagle Copies, Paily, to cents. Weekly, twenty-five cents (fo)

cash only). Advertisements and Subscriptions which are not ordered for a fixed

period will be continued until countermanded:

│|

.

ways are to be pushed forward sha mast look to foreign sources not only for fuads but also 'for expert guidance. There have been narrow-minded. short-

for Europe by the Prinz Eitel Friedrich was Capt. L. Klughist the commander of the s.s. Coblenz

Volunteer Inspection.

Visitors.

Mr. and Mrs., JM. Gallagher are staying at the Hongkong Hotel. Mr. Gallagher is the bead of the United States Steel Products

It is announced that the volun sighted Chinese who bave never teer inspection takes place to been tired of raising the bogey of morrow at 5 p.m. and not at 4 the jeopardising of China's rights p.m. as previously notified. when lenders have been given alien on undertakings against a loan. These folk would take everything and give nothing. And when they talk they overlook the gener ous treatment which China has hitherto received at the hands of foreign interests in the matter of railway concessions. he ha heen shown every consideration and given every latitude. W. need go no further afield than the case of the Canton-Kowloon REDFERN. On March 27, 1914, at Ningpo, to Mr. and Mrs. Railway to establish that fact.

(Payable in Advance.)

By Order,

H. 9. Redfern, a daughter,

"HONGKONG TELEGRAPH."

BIRTH.

MARRIAGE.

DEARTHS.

East Fife.

It looks very much as though Mr. Asquith were to be returned

- 0.

Big Passenger List.

The German mail 8.6. Prinzess Alice arrived this morning with a large passenger list. Of pass engers to Hongkong there were 131, and through travellers 174,

The Europa.

(1) That plaintiffs have no right of suit in Hongkong,

(2) That if there is Any right to the money claimed, which is denied, it is in the Central Government and not in the Provincial Government of Kwangtung

(3) Tha (stated briefly) the claim as appeare on the indoree- ment to the writ of summons is badly conceived.

being frivolous and vexatious and an abuse of its process.

British Government could not be noticed by the English Courts: the right of suit being connected directly with official recognition by the Government of the siste

defendant, is concisely summariz- ed in the bead note in the Law Report as follows:-

The plaintiffe are Lung Ohai. kwong, Governor General of the Province of Kwang tung in the

Now the principle laid down Republic of China, and Woo Ming Pup, Commissioner of Finance for in U.S. A v. Wagner, the case the Province of Kwang Tung in most strongly relied on for the the Republic of China.

The defendants are Chung Sau- nam and the Russo-Asiatic Bank.

The endorement on the writ is foreign sovereign state adopting the republican form of as follows

The plaintiff's claim is against Government, and recognized by As to the first ground. I have the defendant Chung Bau-nam the Government of Her Majesty, consideration of the authorities property of the Government of Majesty in its own name. had an opportunity after fall for the return of $150,000.00 the can sue in the Courts of oited in argument, of conferring Kwang Tung in the Republic of recognized.

Such a state is not bound to China which sum was bad and with my learned brother upon them and. I entirely agree with received by the defendant Chang sue in the name of any officer of tho Government or join as co- the corolusion at which he has Saunam for the purpose of being arrived in a lucid and well remitted forthwith to Nanking plaintiff any officer on whom considered judgment and I need which the defendant Chung Sau- process may be served, and who adi nothing to it,

nam has not so remitted, but has may be called upon to give dis As to the second ground I have appropriated to his own use the covery in eo.oss bill,

Page Wood V.O. had held in very recently on the Habeas said sam or portion thereof now ROBJOHN GOODFELLOW.-On Saturday, March 28, 1914,

corpus proceedings in a fully being deposited in the defend the Court below that a Foreign vereign state is not entitled to at H. B. M. Consulate,, Shanghai, before Sir Everard Fraser, unopposed for East Fife. At any

The cruiser Europa, which took considered judgment expressed out's Bank in Hongkong. Consul-General, and afterwards at the Union Church, by the Rev. rate the Unionist Headquarters Home the relieved crew of the an opinion adverse to the de

And in the alternative the sue in the English Courts without some public C. E. Darwent, M.A., Harry William, son of Mr. and Mrs. B. Whave advised the local Unionists Hampshire from Hongkong, was fendant's contention sad it would plaintiffa claim from the Defen- patting forward Robjobn, of Highgate, London, N., to Elizabeth Jane, daughter of not to oppose the Prime Minister, reduced to Third Flest comple: he mere redundance to repeat it: dant Obung San-nam $150,000.00fficer as representing their inte Mr. and Mrs. William, Goodfellow of Shanghai.

and it is unlikely that this advice ment at Portsmouth on the 12cb. As to the third ground liquidated damages. Particulara: cests, upon whom process may be

a poor chance of success will be set aside. The Unionists ult..

think the objection is premature, sum received by defendant Chang served, and who can be called The defendant may apply for Sau-nam from the Comissioner apon to give sayhow. Colonel Spro is a fino

statement of claim and by his de fof Finance for the Province of cross bill 1800very upon ̈a" gentleman but be is not strong | Mr. A. Ballamy Brown eliter fence can raise every legal issue Kong Tang in the Republic of edough to oust Mr. Asquith. He of the Malay Mail, and formerly that gees either to the term of

China $150,000.00. must one should think, be getting of Hongkong left Port Swetten foundation of the action. Since The first ground relied upon La 1906 he opposed Mr. John home. tired of being beaten by big guns, bam by the F. & O. Nile for the abolition of demurrers a by Sir Francis Piggot for the He will be away six summary process has been sub defendant is that the plaintiffs Morley (as he then was) in months;

stitated for getting rid of plead have no right of Paic in the Montrose Burghe, and he will

ings which show no reasonable British Courts. probably not forget for years the

cause of action or defence. Two He maintained that the Court Grat taste he had of Scots heckling A NEW REVOLUTIONARY PARTY.

at it's best. He could generally. A reader complaint of the poor who wishes to raise the question recognise the Province of Kwang 587, In a monarchy all the

courses are open to a defendant knows nothing of and cannot Courts of & foreign state. reply to a straight first question, lighting of Kowloon generally, at whether a statement of claim en- Tung nor does it know the officers

names 'and titles public rights and interests of the Reuter's agency learas that several former revolutionaries were but the second that generally night. In one case that of Ashes the plaintiff to relief One me whose in Canton the other week trying to enrol supporters for another lashed from the answer seamed ley Road, where a number of thod is to raise the question in law appear rising which, thay declare, will shortly take place: They claim often to perturb him. He must new houses have been recently by his pleadings, and any point plaintiff the plaintiff having that their mission to Canton was highly successful, and that this be used to it now. The flaent erected he says there is not a so raised would be disposed of at no right or suit, the action can time many tutubs, civil governors, and army commanders are 'eap Asquith, so that he has some

Mr. Larkin is not to oppose Mr. single street lamp.

the trial; provided that by consent not succeed and must be dismis of the state." Later on Lord porting the movement, This kind of tale is long since grown

of the parties or by order of the sed in limine. If the Province Chelmsford said, "We were re- sends after all. tiresome; even if it should come to anything, it will be no more,

court on the application of either has a right of aution then the ferred to a os) of tie President of the USA. v, Deum nond (1) we may be sure, than a mere flare for a moment. It is no simple Towards Peace..

party the same may be set down individuals claiming to represent 33 Bay 449, in which a suit was matter at present to arrange a rising that shall have even moderate Meantime the political situation The cargo shipped by the e. for hearing and disposed of at it should state their capacity on hope of success especially in the South where, alike during the ia growing easier, and there Devanha on March 28 included 70 any time before the trial (Ord the writ.

Sleman v. Governor and Gor revolution and during the rebellion last year; no great stomach was weerns a strong desire on both bales of waste silk for Manchester; xxv. r. 2.) The other method

vernment of colony of New shown by the rebels for fighting. A Sonthera revolutionary party sides to secure a peaceful settle. 100 bales of waste silk and 40 is to apply to eirikeout the state- is a body that has scant hope of success, though it may canss a deal ment. If there had been less bales of raw silk for London; 245 ment of claim as being frivolous Zealand, I. O, P. D. 583. of annoyance.

theatricism and more sincerity bales of raw silk for Lyons; and or vexations (Ord xxv. 4) That cage held that there was According to the message which gave this interesting informa- displayed by some men on both 700 slabs of tin for Marseiles.

"The first method is appropriate no such corporation as the gover tion, many of the present tutuba and other high officials were only sides in the earlier stages of the

if the point of law requires argu

nor and Government of New Adjourned.

Zealand. outwardly followers" of the President." This is the sort of state- campaign a settlement might

ment and careful consideration.

MURRAY KIDD.-On March 28, 1914, at the Victoria Nursing Home, Shanghai, Alice Mary, beloved wife of G. Murray Kidd, Chinese Customs Service, aged 40 years.

The Hongkong Telegraph.

HONGKONG, "FRIDAY, APRIL 3, 1914.

that the President has to do is

To repeal all laws that he has made without the consent of Parliament; to reinstate all reprosentative assemblies, Cinoluding Parliament, provincial legislatures and District Councils; to suspend further negotiation for foreign loans; to grant freedom of speech as' provided in the Provisional Constitution; to suspend martial law, and to call for a peaco conference inviting Wu Ting-fang, Tang Shao-yi, Kang Yu- wol, LiangChi-chao, Sun Yat-sen, Huang Heing, and perhaps Liang Shih-yi, who all as a body might call other persons to consider ways and means of uniting all parties and interests in the Republic.

fu accordance with the provisions

of the Parliament Act, and to

take what steps they think ex- pedient in the interests of peace

:

On Leave.

Kowloon Complaint.

Devanha's Cargo,

Home Agala, After 18 years' service abroad,

Fook a commonsense solution." tonon the 10th. ult. from the trans-

a

од the writ

that,

stale 11

89

The Court of Appeal reversed this decision, pointing out that na injustice could be done in this ass by allowing the USA, to The Court examined carefully me in their own name. the principles governing the right of sait in the English

The Lord Chancelor said at page

nation are vested, in and repre- seated by the Menarob. In s republic they are the property

instituted in the name of the President for a legacy given to the United States.

It does not appear that any objection we

was raised to the title of the President to sue, Bat he. having been authorized by an Act of Congress, to prodaed to

was ordered to be amended

official Turner Li J. said at page

The s.cond and more summary The next case relied on was obtain the legacy, before the de ment which must be taken with considerable reserve. After the last have been arrived, at long ago the Summary Court, this procedure is only appropriate to USA. v. Wagner; Liw. Esports oision was prononuced, the bill. uprising tutahs and high officials are likely to be very careful about About the most important contri- morning, the case was adjourned osses which are plain and obvious 2 Ch.582; for the doctrine admitting the fact, even if they are only lukewarm supporters of bation to the debate which has in which Mrs. Maskett saed so that soy judge can say at e, in a monarchical state the by introducing a statement of the President. But the cream of the statement lies in the advice been offered in one by Lord Hug James McMillan for, the sum of obce that the statement of claim public property of the the authority by which the the leaders of the new party are alleged to have given as to how Cecil, He has given notice of $192, was adjourned. Mr. Dixon

the coming struggle" can be avoided. It is worth quoting. All motion that the Bill be sent to of Messrs Wilkinson and Griet sven if proved, to entitle the sovereiga so in a Republic the

standa is insufficient, assanied to be vested in the plaintiff was gaslified to sue, Now this case, referred to with”. committee of thirty to frame sug appeared for the plaintiff and Mr. planitiff to what he aske" sovereign power is held to remain/out disipproval by the Lord gestions to the House of Lords, JH. Gardiner defended.

Chancellor, seems to me so far an Hubbuck v. Wilkinson (1809) 12. and reside in the state itself and B. 01.

And see remarks of Lord not in any officer of the sinta.uthority in the plaintiff's favour Selborne in Barstall v. Beyfus 23 Then, the rule being that the bat it recognises the right of a D. pp. 38 and 39. In Dyson v. proper plaintiff is to be sought sovereign state to delegate to a Attorney General (1911) 1, K. B, in the owner of the subject matte official under its own mun- and good government in Ireland. the 2nd. Battalion of the Royal 414 Cozens Hardy, M. B. said, ter of the suit, it is arged that the/joipal law the power to enforce In other words, "let ns calmly Irish Fusiliers landed at Southam It might be sufficient to say that proper plaintiff here should have.igate of property to a state That should have been done long port Dangola. The regiment Ord. 25 r. 4 was not inten led been the Republic of China, the ago, but it is not too late yet and, played an important part when to take the place of a door state recognised by the King's go "In the asses referred to, the This is the most preposterous kind of nonsense. In any other and country almost the suggestion would be a joke and accepted as a some time longer, a se'tlement by the Chinese in 1000 and were investigation of ancient law and of sult,

to an aotion involving serious officers of the state have no right archical; and I take it that in joke. In China the case is very different. It is impossible to may be found.

anche 08889. the pu questions of general importance For the King it is said has noth- and on this ground alone. I think ing to do with the constitution of Perty of the stale, so far as it is not by the constitution of the the plaintiff is entitled to have Obina and if the King does not state oth

destined, vests recognise a Province, neither can in the so Governor-General Lung в troops having broken out and having A crocodile, measuring over six tising for a European to take the argument of the learned coun of Kwangtung is not a recognized h killed people for no apparent reason. We were able to deny the fast in length, has been shot by charge of a bronch-Page 5

The Daily Farm Oo, are adver- the notion proceed to trial," --"--

Now it was clearly shown from the King's Courte, The Province

fa repub the report in our columus, but an outbreak is always possible if anor Elly off godown 15, at Tan Consignees notic) regarding sal for the defendant that the body politio, The City of Berce mains in the i moonshine as is quoted above is preached to a credulous soldiery jong Pagar wharf, Singapore, the da. Přidžons Te hardly possible to escape a feeling of despair when one aces mea deliberately and wantonly indulging in such mischief-making: China's advance is being greatly retarded by these constantly and their leaders should be smarthy dealt

avoid the conclusion that if this sort of talk is indulged in trouble may arise. The soldiery especially may be influenced into becom ing restless. Only the other day, indeed, a report, was abroad of

now partiên,

Crocodile Shot.

the first to enter the Legation.

Latest Avertisements.

Alios!);

Immediately after the charge of issued Page 5 buckshot, the satirian dived in, The Medical Hall advertise the and was lost to view. Later the excellent properties of Stomatol paresse was seen floating on the mouthwash, Page 5. surface and was brought ashore

question comes within the former

of

of these requi

on and should-

6920

In the publio

The Bank of England 9. Vesey Hore the Tear 847 was next referred to. La that raised case the plaintif on behalf of P

himself and the other members of Bumption loading.

Common Connoil Chamber Oity of Barne in Switzer

pro-