1921-08-29 — Page 3

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Interesting Legal Argument in Ejectment Case.

A very interesting legal aru-

MONDAY, AUGUST

EARLIER TELEGRAMS,

¿Continued from page 2)

WASHINGTON CONFERENCE.

Rome, Aug. 26. Premier Bonomi is attending the Washington Disarmament Summary . Cauri on Saturday Conference.

1

| mapi on the question" of the word ["available** was based in the

|morning at the enclusion of that By courtesy of the Consul General for Japan we are able to give evidence in the case in which the the full test of Japan's reply to the invitation to attend the Con- Tai Tung firm elsima possession of ference.- A house and premises, No. 83. Connaught Road West, from the Fook Tung firm.

The case was board by Justice J. R. Wood.

13th of this month, in which you intimate the gratification for the "I have the honour to acknowledge receipt of your note of the President of the United States at the cordial responge which has Mrbeen accorded to his suggestion of a Conference on the subject of limitation of armaments and cognate topics and in which you come municate the President's invitation to this Government to participate in such a Conference to be held at Washington on the 11th of November next, os the subject of limitation of armaments in can- nection with which the Pacide and Far Eastern question will also be discussed.

Mr F. C. Jackin (instructed by Monara Johnston, Stokes and Masters) appeared for the plaintife and air 0. Gr-Alabaster (instructed by Megaro F. X. d'Almada and | Mason) for the defandania, Mr CD,

Wilkinson watched the case behalf of the Tenants' Association Mr Alabaster called further evidence for the defence.

In communication to you for transmission to the President the hearty and appreciative secoplance of this invitation by the Japan- ese Government I would ask you to be good enough in the first place to say to Mr. Harding with what pleasure the Government sees him take the initiative in this all important matter-bis great The propriador of the Shia once, the Paciffe tradition of your Republic and his own high për- Mow Chan firm, the awor sonal qualification Invest his act with peculiar appropriatenesa of No. 96 Connaught Road which must be universally felt and recognized. "

Waal (the alternative prominen "This Government is also completely sympathetic to the wału- {offered), „mit "he wanted the wildlifed object of solicitude to the Japanese Goverment and people. of the premises for his business, and That attitude has not remained a platonic policy-it has been fol was not prepared to let any of the towed out in action. It results naturally from this Pacific attitude doors to the defendant. The nego toward world problems that this Government and its people alike liations with the members of the should warmly welcome the idea of limitation of armaments and plsintiff's firm for the premises war remoral of the deadening burden on industry and cultural develop- made with his manager and not ment which swollen and competitive armaments create. himself. He knew nothing about ibem.

"This Government is also completely sympathetic to the valus- able suggestion advanced in your note that it may be desirable that Mr. Alabaster, in his address the use of novel agencies of warfare should be controlled. Dis- for the defence, pointed out that eussion and removal of any causes of misunderstanding which may under section 4, sub-section exist and arrival at eventual agreement with regard to general (d) of the Rent Ordinance the principles and their application which will ensure friendship and Court must be satisfied that alter goed mutual understanding between nations are regarded as of great native accommodation, reasonably value and importance. equivalent as regards rent and uitability in all respects,

"My government would emphasize the pre-eminently vital in- available to the defendants and he terest which Japan has in the preservation of the peace of the contended, the plaintifs had failed Pacific and Far East. She has devoted har atmost efforts towards

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to do this. They had not shown securing its permanence and its maintenance must always be to her YOUR MONEY and JEWELLERY

a matter of prime concern. Wai

She therefore finds it in accord entirely available. It had been proved with her inmost desires to reach in conference a measure of under- conclusively that No. Connaught standing, which shall ensure peace being placed once for all upda Road was under the control of a permanent basis in these regions. It is earnestly hoped therefore the owner of the Shin Mon in Japan that the Conference will secure really useful results and Chan, Chang Yu Ting and prove a practical success.

02

They

that he had act offered it to the "The Japanese Government gladly concurs in the proposal of Fook Tung firma. Neither had the United States Government that the scope of discussion they prored, as they were bound Pacific and Far Eastern problems shall be made subjects of a free to prove, that the premises weit exchange of views prior to the assembly of the Conference. reasonably equivalent io all hope that the agenda of the Conference will in this way be arranged espects. They had called three in barmony with the suggestion made in the memorandum of the witnesses who had said they were Japanese Ministry of Foreign Affairs of July 26, 1921, bearing on out reasonably equivalent. Ever if there was evidence to show that meet speedily with the fullest measure of successful achievement.

the same subject in order that the labours of the Conference may the premises were reasonably suitable, there was not suficient evidence to satisfy the Cours that they were available. To find that the premises were available, his lord abip bad to be satisfied that the were in possession of the premises

Dy order of ane Court. Was it within the power of the Court to give the delendants the tensacy of these premisen? He submitted it was] bot. Defendants were in a difi cult position. H turael oul,: they would be сп the street because the tenants refused to get cut of the two Hats intended for them.

defendants

The undersigned cannot conclude without again expressing the thorough and hearty sympathy of his Government with the thesis so clearly and justly stated in your note of the crushing encumbrance and menace which modern armaments present to civilization. No efforts can be too unremitting to redqce that menace sad encumbrance. full consciousness of this fact the initiative of the President of the United States is warmly welcomed and deeply appreciated and

would ask you só to assure the president."

DAVIS CUP TENNIS.

Newport, Aug. 27.

In the Davis Cop singles Kumagae beat Anderson 3-6, 7-5, 2-6, 2, 6-1, Japan thus qualifying to meet America in the challenge round.

In the Davis Cup doubles Anderson and Todd (Australasia) beat Kumagae and Shimidzu (Japan) 4-6, 64, 86, 6-0. Mr Jenkia, replying for, the plaintiffs, said the only alternative] The Japanese started well. Their drives and half volleys accommodation the Court had to were crisp and well directed. Kumagae particularly scored-by his be satisfied about was alternative placing. The Australians improved in the severity of their strokes YOU CANNOT AFFORD TO BE WITHOUT THEM.modation for the purpose of in the second set and frequently raced to the net. These treties, with both mens' speedy services, drove the Japanese to their own Mr Alabsater interposed with the base line where they attempted to leb, but the Australians" enormous JUST received a large Consignment of (1) LACTOGEN the remark that this point should bare reach enabled them to make smashing returns. The Australians nast digestive food for Infants which keeps good in quality during been argued when Mr.Jenkin open took the first three games off the reel on speed alone in the third Hot Weather; (2) LACTOSE (Milk Sagar) for sweetening the foodsed his case.

set. Then the Japanese won four of the next five, the Australias of Infants and Dyspeptics; (3) MILFORD-McGRATH FLUID The Judge intimated that the took the ninth and, after displaying temporary weakness, won the INSECTICIDE the Best Fluid for destroying Fleas, Mosquitoes, point be desired to hear 3r Jenkis set by 8-6 Bugs, Flies and all other Insect Pests in Summer days; and (4) chiefly was the word "avail- JOHN CAHILL'S GOLDEN FLEECE, MAGIC and CINDERELLA | able.""

Newport, Aug. 28. SOAPS for keeping everything clean in Hox994.

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In the Davis Cup final (singles) Shimidzu defeated Hawkes Mr Jenkin said that the same 4-6, 6-3, 6-2, 6-2. Japan thus won by 4 to 1 matches. PRICES are Very Moderate. Inspection and Baquiries are amount of accommodation

Tame but Tireless Tennis. cordially invited.

domestic purposes was available to] the defendants in the new premiser as at their present premises.

The Judge:

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singles for the Davis Cup. He sacrificed brilliancy for speed and

· Kumagae, displayed stoical control in the third round of the therefore drove the ball back continually to Anderson, depending the latter's errors for points. There were few brilliant apots although meao, as Mr Alabaster contends it the volleys were protracted. The match took one hundred and means, that you most show that the defendants have a right to twenty-five minutes and latterly was most monotonous. The regular apply for a possession order for No. returning of the ball appeared to get on Anderson's nerves. 96 and get it.

play deteriorated and he piled up one hundred and thirty-seven errors Mr. Jenkin No. I put it this daring the match. The game was played on a fast court.

Shimidza displayed the tame but tireless tennis which has given the facts that in truth and in fact the Japanese their recent victories.

way If your lordshipes find from

the Fook Tang firm can bare two

floors for domestic premises, from!

the Shia Mow Chan then those two floors are available within the mesuing of the Ordinanca and thai)

HOME CRICKET.

London, Aug. 27.

His

any statement to the contrary tha}} The Australians played on England XI (all amateurs) at East- they are wanted by the Shin Mowboarne before, 6,000 spectators. The weather was dull but the Chan for their business, a mere wicket was hard and fast. Maclaren won the toss and the England bluff. The number of Hoors which, XI batted first. They were all dismissed for 43. in 73 minutes. on their own case, were possibly McDonald took five wickets for 21 and Armstrong 5 for 15. This is arsilable on the 3rd. August are in the lowest total registered during the tour. The Australians made fact available to-day in the same 174, of which Bordsley contributed 70, in a chanceless innings of two hours in which he hit six fours. Falcon took six wickets for 67 The Judge: In face of the evi-runs. In their second innings the Englishmen scored 8 runs for the deace given by the owner that he loss of one wicket.

sec.se.

is personally not prepared to grant

lensacy to defendants can 1

make an order?

MOUNT EVEREST EXPEDITION.

Simla, Aug. 27,

Mr. Jenkin replied that the| question was whethe/ his lordship believed the evidence of the owner The operations of tas Mount Everest expedition northwards. of Shin Mow Chari that he bad never and westwards have been completed without disclosing a route to heard before he stepped into the the summit but slight hopes of success are entertained in respect box that day of the visit of the of the north-east flank when the monsoon abates. Headquarters three members of the plaintiffs have been moved to Kharta, on the Arun river twenty miles east of 6rm to his premises.

Everest, where the remaining efforts are being concentrated. Ten thousand square miles have been surveyed.

(Continued on Page 6)

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IRELAND.

London, Aug. 26.

Mr. Lloyd. George replied emphasising the Government's pro- found disappointment with De Valera's letter of the 24th. The Government proposals, which went to the limit of their powers with a view to reconciling British and Irish interests, had been approved as liberal by-the whole civilised world, even in quarters sympathetic to the extreme with Irish claims. De Valera's letter did not recognise this and further negotiationi would be fatile unless definite progress is made towards acceptance of the basis. ・写真 reply re-emphasises that the fullest liberty has been offered to Ireland which even the States of America do not enjoy. They fplil' De Valera's wish is regards government by consent of the governed bat De Valera in addition is now claiming what was previously disowned by famous Irish leaders from Gratten to Redmond. Mr. Lloyd George declares that the physical and historical interdepen- dence of Ireland and British makes a complete political and economie separation impossible and says: "Continuance of the present course must rupture the truce. The Government is prepared to give ample time to secure peace but cannot prolong a more exchanga of notes. It is essential that some definite and immediate proZTRAM should be made towards a basis upon which further negotiations can usefully pocceed. Your letter unfortunately shows no much -progress. In his and my previous letters I have set forth considers- tion, which must govern the attitude of the Government in-my negotiations "undertaken. If you are prepared to examine how far these considerations can be reconciled with the aspirations you re- present I shall be happy to meet you and your colleagues."

Mr. Lloyd George, acknowledging the freedom of Barnsley, sali that Britain had risen above all prejudices and had proposed un- precedented terms to Ireland which had commended themselves to the whole civilised world. He trusted commonsense would prevail We cannot countenance separation (Cheers) even if it lead to civil war in Ireland If Southern Ireland is not satisfied with freedom and insists on separation all hope of accommodation must be abandoned

UPPER SILESIAN QUESTION.

Paris, Aug 26. Owing to argency Viscount Ishii will fake upon himself the wording of the report on Silesia.

CANADA'S TRADE COMMISSIONERS.

Ottawa, Ang. 27.

The Department of Trade and Commerce announces the appoint- ment of Mr. H. A. Chisholm, at present Trade Commissioner to -Cuba, to the new office at Calcutta and Mr. P. W. Ward, at present

at Capetown to Singapore,

INTERNATIONAL COURT OF JUSTICE,

Oflaws, Aug. REA

· Sir R. Borded and Minister of Justice Doherty are the Canadian Dominees to the International Court of Justice.