1919-08-12 — Page 8

FORK OISE

CHINESE DELARED

TIRREGAL

&S

the

very of

THE OLDER

away

filled.

;'

W ADVERTISEME

WISEMAN'S

THE GREA

TELEUR PR

CHOCOLATES Telegrams can now be accepted

SL80 PER LB.

EVERY MORNING.-

HONGKONG STATION

TELEGRAMS TOGERMANY,

for Germany at the rate of $1.30 per word.

T. KRING, Superintendent

NOTICE

used by the British PEEK FREANS HONGKONG & SHANGHAI

WETS' LAST HOPES.

It is

US. PROHIBITION TO BE

ENFORCED.

BISCUITS.

A FRESH STOCK RECENTLY ARRIVED.

BANKING CORPORATION.

THE DIVIDEND DECLARED: for the Half Year ending 30th June 1919 at the rate of, Two Pounds five shillings sterling per share is payable on and after. MONDAY the 11th day of

WISEMAN'S August Current, at the Offices of

LIMITED.

PUBLIC AUCTIONS.

the Corporation, where share- holders are requested to apply for Warrants.

THE Undersigned has received

instructions to sell by Public 1.

FRIDAY, the 15th August 1919,

commencing at 3 pm.

By order of the Court of

Directors,

N. J. STABB

Chief Manager.

NOTICE.

the local offe A legal correspondent of the

three Asiatic Patroleum Company wa following is the written the British Consul plearly deatury peace was regarded in times (writes In the 18th

to be have received a copy of a most At of the Chief Justice (Sir poses of any such recognition theory as a sort of half-time, appointed Joak Dalziel as Hardest which contains a mass interesting little books entitled Davies, KC) in the

The St Bernard directors have The Shell that Hit Germany F. Ober v. Shui Kes legality of the tax imposed by. It was at the best only a dam-club. Jock, is a great favourite achievements of the Shell Com HOME MADE

As to the evidence on the when the combatants fraternised, groundsman and trainer to the of information regarding the which was decided last the Military Authorities, His promise, and Fattal, in Le with all athletes.

Excellency Loh Tcheng, who was Droit des Gens," carefully ex- find on the questions of fact the Superintendent of Customs at

pany in the war. Some of the facfs the wolfram are in question the time in question, states that Plains that the treaty terit the return boxing match between during the critical year 1915 At the Movani Cirque, Paris, that we call from it are that the property of the plaintiff, the seizure was illegal, and that he means that Parently Tommy Noble, the British bab Shell's Portishead distillery pro

perpetual peace, that the ownership is rightly reported the matter to the Mili was ended was perpetually ended, Eugene Crique ended na araw. total output of Toluol; that 1,014, in him: that the ore waxlary Governor and telegraphic and that if the nations wished to Georges, Carpentier has with 570 tons of liquid fuel were tam-weight champions and duced 80 per cent. of Britain's Fred and sold by persons instructions were sent to the Mili-fight again they must start a war drawn from the French boxing brought from abroad under the

porting to be the Military tary Authority uthorities at Sheklung in China: ordering the release of the are matist of Neufchatel had no ill Allied Games on account of an tion in the double bottoms or FRESH FROM OUR FACTORY Hongkong, 11th August, 1919.

at Walchow with a new name. The diplo team competing in the for- Company's system of transports- Yan Fuk purchased the ore He adds that although General nsions as to the realities of the accident while training. in which ballast tanks of ordinary mer behalf of and

the Chung claimed, the right to seize relations of nations in peace and he injured his hand. ant for the defendants and that the goods at Walchow, not being war. Peace to-day and war to

daused it to be brought to treaty port, he was not entitled morrow, and all according to the Liverpool Football Club, Mr., J. tributed monthly and that from chant ships; that 10 million Hongkong and delivered to de-to do so, no Military tax being carefully drafted rules of the M Kenna announced to the share-the outbreak of the war until the At the annual meeting of the gallons of Shell petrol were dis- dants: that Tsang Sau Nam rightfully due in repact thereaf game, was his doctrine.

in fact present at the sale; The British Vice Consul, in his Whether that doctrine remains last time he would appear before petrol. further, that the plaintiff fafidavit, confir ns that position, in force or not remains to be seen, them as chairman

holders that that would be the summer of 1917 every gallon of obably mistook at the interview and says that his office has pro- but in any event the forms of Hongkong on the arrival of the tested against the imposition of crazies have still to be observed. is playing for Warwickshire. He figures cited to show the Company air forces was Aviation "Shell. " cre, Wong Fu, one of the defend-these taxes.

A new fast bowler in H. Howell There are many other, facts and s' witnesses, for an officer of The soldiers whom he had seen at contained in the affidavit by the competent and the signatories now. Howell plays football for tains a list of distinctions gained The evidence to the contrary is contract. The parties must be Good fast bowlers are scarce just and the little booklet also con- A treaty is something like is said to be as fast as Hitch served the Empire in the war, Bheklung

Secretary to the present Super- as fully empowered to execute. Wolverhampton Wanderers. Two questions of law arise.on indendent of Customs and as the document as if it were a The facts:

in the war by members of the far as it goes it supports the normal contract.

At a meeting of the London Company, as well as a Roll of (1) Was the ore legally seize legality of the tax and the sale are regarded as free agents even stated that during the past season well known by now that Capt

The parties Football Combination it was Honour of "Shell" men. And confiscated at Sheklung? by the Military authorities at if in fact one or more of them the

(2) Was it bought in Market Sheklung. The evidence, how-sign at the point of the sword, games amounted to £56,890, as the direct Atlantic flight while gates" in Combination Alcock and Lieut. Brown won avert in Hongkong within the ever, is not satisfactory. The provided that there is anyone to against £27,618 the previous using "Shell" aviation spirit. The meaning of section 22 of the defendant claims that he is sign and any independent State year. Bale of Goods Ordinance 1896?

anthorised to answer certain to support the signature. A Stete In my opinion the answer to questions on behalf of the Super-can

Athletics in Scotland are badly hardly intendent of Customs which had independence, though it can very lities at the present time. The

eign oth questions is in the negative, been submitted to that official. nearly do so. The doctrine of appearance of a Halswelle, a itsin need of outstanding personal- nd I shall give briefly my reasons He, however, specially declined duress does not go very far in Hugh Welsh, or a Downer would or this conclusion. I think it is to answer certain questions in what have been called internation- work wonders, but such perfor manecessary to go into the evid-cross-examination. If the evid- al contracts. Right, and even mers, unfortunately, only come vote of 55 against 11, the Senate ence at length.

New York, June 19-By a the ore was admittedly seized swer in cross-examination would

ence had been taken in Court, an- wrong may be enforced by treaty, at rare intervals. and sold by the Military at Tin

But there is one limitation. A

yesterday extinguished the last long Wai owing to the refusal to is impossible

have been enforced, and it condition of things inconsistent to the winner of the Jimmy repeal of the war time prohibi- The challange of Kid Herman hopes of the "Wets" for the the military tax or contribu- the effect of the cross-examin- may not be forced on a nation by entertained by Mr. C.B. Cochran, effect on July 1 unless President Auction on

to say what with recognised international law Wilde-Pal Moore match has been tion, which will therefore go into on which was imposed moderation may he authority of General Chung evidence, therefore, is

have been. This treaty, Mr. Hall cites the case who has cabled an offer of a purse Wilson decrees otherwise. The Military Officer in Command. unsatisfactory and it is impossible establish a slave trade.

an attempt by treaty to of £5000 for such a The question therefore is, was for the Court to attach real credit treaty would be clearly void. But and 40 per cent. to the loser.

contest, Tote supplies convincing proof of there any power to impose such to it.

Such a divided 60 per cent. to the winner the control of Congress by the tax or contribution? That

the limitation is limited in scope.

prohibitionists. law are supposed to govern the with a dual responsibility to the provision of the Agricultural: The broad principles of the moral have decided that professionals submitted a motion to cancel the Derby County Cricket Club. Mr. Phelan, of California, had clauses of a treaty, but it is well county club and a League club Appropriation Act, prohibiting security or the world of a con- they will play. It is recognised, wines and light beers until the recognised that when the general must elect for which of the two the manufacture and sale even of finent is in question, a conquered of course, that a player has a Army, is demobilised. belligerent may rightly suffer right to make his own choice, but President Wilson. in his recent Reverse Gear. Awnings & side (Fitted with 4 cylinder engine. New-Sims Magneto & Paragon vast territorial losses, dismemberment may be carried wholly for county or for League cancellation,

and he must henceforth be either message had recommended its screens. Speed 91 miles per hour) Now it was contended by Mr.

The severity of the terms is not even to the act of dissolution. club.

declaring that the Military

opinion of his East of Fife Junior clubs are dis-legal the measure of illegality. The satified with their exclusion from authority to veto the war-time Sovernment in the Province of

justice of the case is to some the Fifeshire Junior League, prohibition, few even of the De- advisers he had -no Swangtung was controlled by wo factions (1) in Canton and (2)

extent measured by the severity which meantime, they complain, mocrats could be found with Sheklung and Waichow: that

legality can only be treated by the West of Fife clubs. The East- hostility of of the treaty. The question of il-is practically in the monopoly of courage enough to challenge the the case of exportation of

applying the principles of natural ern lot hold that the League League. After the vote had been rolfrom ore apart from likin the Fanton section contented them- Aves with

Cup, presented by the

Raithaken. Mr. Phelan declared that the

But formally it must be clear Rovers, imposition & Hu Chu (the Treasury

In my opinion, the section has that the nations bound by the amongst all the clubs of the absolute prohibition until

was for competition all prospects of postponing armait),

the Shekno application in this case. From parties. There must be a re-only. whereas

treaty are really consenting Kingdom," and not for one district constitutional amendment comes the junge section imposed

the evidence of the defendants" Military permit.

They have taken the automatically into force, next In support of witness, Yau Fuk, it appears cognised form of government matter up with the Starke Park January had disappeared: is, a letter was produced from that he produced to defendants capable of authorising persons to official.

Chinese Maritime Customs samples of the ore which he had of the signatories must be verified, Rector of Bermondsey, and the by the

sign the treaty. The credentials

The air to-day is filled with Mowing that General Chan in fact already purchased at and to make

The Rev. F. H. Gillingham, the death cries and appeals for mercy THE Undersigned has received Wing Ming had informed them in Sheklung from the Military

ll, 1918, that wolfram ores authorities and in respect of which certain the treaty must be ratified just now than ever he did. His al Society. Dr. L. Pierce Clark, a

certainty more Essex cricketer, is playing better tion of the American Neurologic-Auction on

instructions to sell by Public ould be required to pay a local he made a part payment. The duly authorised agents signed the Gentlemen against the Aust entered an eloquent plea to save

by the Sovereign Powers whose opening innings of over 80 for the well-known New York physician, WEDNESDAY, the 13th August, contribution defendants agreed with him to latter adds "The Chinese take the ore and made a part pay-usually a mere act of formality Colonials' defeat. He drives with ed as a great social force and the

treaty. The ratification ritime Customs was in no way ment to him on account of it. The

isralians had much to do with the the bar-tender," whom he describ

1919, ucerned, with the levying of purchase Was completed

among honest

commencing at I am. contribution and I am unable Sheklung and the staff was then root of the treaty are discovered ever played for Essex. He scored Sir St. Clair Thomson stigmatized pricing-Laundrena starch, oat

nations unless tremendous power, and is quite genial friend of maltitudes of established reasons going to the the most aggresive batsman who light tipplers. say whether it was legal or imported into Hongkong in the in the interval between signature 155 hot out for the Clergy against prohibition

At Philadelphia

(For account of the concerned) name of the defendants and deli- and ratification, of unless the the Royal Engineers, and the sense," and in a statement widely ed beef and mutton, sheep and ox

400 Cases Provisions very taken by them. It cannot Now the authority of the be said that the goods were sold ratifying nation with the know-Clergy were easily victorious. In quoted in the American Press, tongues, pickles, Navy sauce. "absolute non-meal, rolled cats, corn flour, corn- seklung authorities to impose to defendants in

tax was challenged at the

ledge of the other parties has by one over he hit Captain N. Haig said a shop or

its constitution a well-recognised for 24 (two 6's and three 4's.) The ne by the former Superintend-market in this Colony in the

of ordinary course of the business of

right

"Arbitrary denial of all alcoholic bacon, table butter, Australian as- vineger, beef dripping, hams. of Customs at Canton as such shop." They were purchased ratification the treaty is only a Japan, and was educated at would be enacted in England, en cheeses, assorted biscuits rejection. Until reverend gentleman was born in stimulants could not and never sorted jam, golden syrup, Ameri- ag illegal, and bis view is in Sheklung, and the section of provisional arrangement, though Dulwich and Durham University and I am sure it will not be reported by the British

sal General. I will deal not in my opinion apply. What the Sale of Goods Ordinance does

in the absence of express tly with the evidence later,

agreement the

In regard to the proposed altera successful here. Men of all It is admitted by the learned the law of Market Overt may be the exchange of instruments of Rugby Union as regards profess-time have used alcoholic drink on tions in rules by the New Zealand nations from the beginning of insel for the defendants, what in China I am not called upon to possible, to the day of the actual game, the English Union state tion it is a good thing. Deny it ratification dates back, where ionalism and the play of the as a stimulant. Used in modern- in fact self evident, that in consider. er to establish the validity of

signature. I was referred by the learned which ratification can rightly be anything that would sever, or of the few, and people will take

grounds Military impost the Court Counsel for the plaintiff to the recognised are well understood, even strain the cordial relations to opium, hasbeesh, tobacco in on that they would much deplore to all on account of the excessES the satisfied that the exist-case of Crane v. The London and no doubt the possibility of that have hitherto existed be excess and other drugs. It will ofà de facto Government at Dock Company, 33 LJ.Q.B. stp. of delay on this ground has been tween the Mother Country and certainly drive many good people hing under Chan Kwing that a sale could not be con-of the Allies. It may be that divergence of rules would cause countries,** **!*

229, where Cockburn, CJ., said considered by the representatives the Dominions Overseas, but a from the United States to other sidered as made in market overt delay will take place, but it is a lack of community of aim, unless the goods were exposed in quite usual for the provisional and the market for sale, and the whole document to be acted upon. Mother, Country

The World to-day publishes matches between the sensational quotations from what and the it describes as the Booze BI-

Herapts had been made, and probably, successfully, in some her cases, to enforce the pay- ment, is clear from the evidence of Mr. Richardson; as is also the act that the right to impose ch a tax was entirely challeng- by the Provincial Authorities Canton.

Jabaster

that.

organisation

&

Richardson and other witnesses I have already stated at Mr. speak to the attempt, in some tax, but I arrive without doubt at cases successful, to impose the the conclusion that it was unauthorised and illegal.

sace

Oo the question of market overt it is clear that section 22 1896, has brought into force the of the Sale of Goods Ordinance, section of the Home Act (the Sale of Goods Act. 1893) relating to market overt, but it openly sold in a shop or market defines "Market Over" as goods in this Colony in the ordinary course of the business of such shop or market."

at

law.

The

treaty

in

the

Though

the Anti-saloon

wats." conven-.

23

has been established.. He is argument if I have red him correctly in this that the Military Author as such, in Sheklung, were transaction begun, continued and It is to be hoped that the form Dominions would be wholly change, showing that the bull used by the fauthorities in completed in the open market; so of the treaty is such as not to impossible. The Rugby Union movement on the Stock Exchange Provincial Government at as to give the fallest opportunity give rise todifficulties on ratifica- had always insisted on the strict is insignificant campared with and that the two parties to the man whose goods have been tion, that there is no vague observance of amateurism, the the rise in the prices of liquor. se each other as a de facto taken to make pursuit of them, language which will give rise to term "amateur" being understood The following are a few of the ment in the district con- and prevent them from being what a great English jurist, has fa its widest sense. The alterations quotations: Scotch whisky (com- to this I have to sold Also to the remarks of called the terrible litigation of proposed would cause the whole man), $4 (166.), increase since that it is not in my opinion Mansfeld O. J. in Hill.v. Smith, States." out by the evidence, and East, at p. 451, which were cited signing and act of ratification Rugby football would lose the ferred (case goods), $7, mcrease, Between the act of amateur fabric to crumble, and 1914, $3.10c.; Scotch First Pre- at were so I cannot see by in same judgment "All the doct this very dangerous question of prestige it at present enjoys, and $5.15c.; Scotch Second Preferred best stretch of imagination rine of sales in market overt form will be examined in close would cease to hold its position as (private stock) $5, increase, 84+ possible for this Court militates against any ides of a detail by the jurists of the world. the code which is based on the Brandy (common), $5, increase, gard the position. sale by sample, for a sale in mar A slip in the Treaty of Munster ideal of playing the game for the $3.750. Brand? First Preferred ket overt requires that the com-was the beginning of much trouble game's sake, and from, to un- $15, increase, $12.50c.; Cham- modity should be openly sold and as to Alsace, a careless touch in worthy motives of personal pagne- (common), $12, increase delivered in the market", the Treaty of Utrecht helped to monetary gain.

The further. point was raised precipitate the Seven Years War.

$8.50c, First Preferred, $20, in- that the section does not apply These and similar dangers in

Crease, $1.2.

position of Chan Kwing the head of the rebel

and the question of the displaced authority by the

de facto Government was

alt with by this Court in in the case of a purchase by regard to the language of a peace

88 Nam, 9 HKL.R, shopkeeper of goods brought there

treaty have been pointed out by at the point of the

cannot be contended that for sale. It is not necessary to Lord Phillimore,

not possible to foresee

ition by the Crown decide the point having regard We need peculiar precautions to guard against all sup ed to any other than to the conclusion at which I have to-day when one of the signato-causes of war, but it is possib

Government of arrived, but I may say that Iries is waiting for an opporfin

as was pointed have strong doubts on the point. to denounce or to refuse to

ut this, Govern- L give judgment for plaintiff a treaty which an

dise; the Pro-r with coats."

justness has been f

Kon

see that neither error nor

lessness in the formaliston

pesce shall prove the

Clubs in New York and else where are now engaged in auctioning their stocks of liquor leasing them AStore

to members, end private lockers in w

of forbidden liquids

Thele Lockers

Janua hibition

be kept

aranteed

search antil next

at A. King's Slipway, Wanchai The 28 Motor Boat

***Boronia"

Also The Gael Class Yacht

"Toinette" (winner of 3 cups during the 1917 season, in good condition)"

On view Now.

Terms: Cash OD delivery

Geo. P. LAMMERT, Auctioneer.

etc. etc.

also

2. cases Medicine Oil 2 bales Canvas (8 oz.)

com-

11 cases Brass lamp burners

3 cases Grass Cloth

1

case Bilk

12th August, 1919,

On view from Tuesday, the

Terms: Cash on delivery.

Geo, P. LAMMERT.

Auctioneer.

THE INDUSTRIAL AND COMMERCIAL BANK, LIMITED.

Head Oce & Dea Vans Road Cal Hankow Banch: Praoff Building

Now is the Time to Start Your Account

SAVINGS OR CURBR2- Your own Account of Zees - ion

PRESDOM OF ACTION SELF-RESPECT

·

Inquiry on our SPECIAL SERVICE will be Welcome,

LUBANG LY

xong li ti, 1919.

WANTED

83

The Custodian in China of Enemy Property hereby in- vites tenders by British Sab- jects for the purchase of the leasehold property situate in the BRITISH CONCESSION SHAMEEN, and known and registered at HB.M. Con- sulate General at Canton Lot Number 57A (Eastern half) which leasehold proper- ty is held subject to the Lessees covenants and the conditions contained in a Crown Lease of the said Lat for 63 years terminating on the 3rd day of September,. 1960. This property, which was lately occupied by W.HH. Brockstedt, has an area of 6,32216 sq. ft. and is situate on Central Avenue. A Residence, Servants' Quar ters and small Godown are built upon the site.

2. The Custodian further invites tenders by British Subjecta for the purchase of the lease- hold property situate in the BRITISH CONCESSION, “ SHAMEEN, and known and registered at H. B. M. Con- sulate-General at Canton as Lots Numbers 43 Section B and 65 which leasehold pro- perty is held subject to the Lessees' covenants and the conditions contained in two Crown Leases of the said Lots respectively, the first for 99 years terminating on the 2nd. day of September, 1960, and the second for 73 years ter- minating on the 3rd day of September, 1960. This pro- perty, which was lately oc- cupied by Carlowitz and Com- pany, has an area of 20,218 'sq. ft. and is situated on Central Avenue and North Avenue. A Residence, Go downs and Compradore's. Quarters are built upon the site.

3. Particulars and conditions of sale of either of the above pro-- perties may be obtained by applying in Canton to HB.M. Consul-General, in Hongkong to the Chartered Bank of India Australia and China, and in Shanghai to the Custo dían direct.

4. Inspection of the properties cafi: be arranged by applying to HB.M. Consul-General at Cantón,

5. Tenders in writing for either of the properties, which should dian in China of Enemy Pro be addressed to The Custo perty, 20, Yuen Ming Yuen Boad Shanghai so as to reach him not later than the 1st. day of September 1919, must be so framed as to TS-