1923-10-09 — Page 1

-the best MASCOT

for your eyes ju a pair of goed

glass, expertly prescribed anti

made by

LAZARUS

1) Lens RoLD (EVIVAL.

*** ««?« Buruppen Uptatjen sa the Colunu

The

Hongkong Telegraph

FACTION FEELING IN GERMANY,

TUESDAY

FOUNDED 14.1

式拜禮

ㄦ·˦英港香

་

CAPTAIN WINS HIS CASE.

JUDGMENT AGAINST

COMMUNISTS AND SOCIALISTS VS. FASCISTS.

(Reuter's Servicej

Berlin, October 8. The Communists have accepted the portfolios of Labour and Education in the Government of Saxons, after a gotiations with the Socialists, both parties recnenising that the Government of the Reichi

Thuringia to Berlin.

SHIPOWNER.

OCTOBER 9, 11923,

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THE DRAGON MOTOR CAR CO., LTD.

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Tad

AEST

IN SWATOW HARBOUR. board the vessel her hatches, CANTON SENSATION. aslirence and want of skill.

scuitles and carzo dours were all The case was brought on short notice by a Team at of the that in June, 1923, the vessel star left the ship before the The next matter of reproach is open. Now it appears that the

MINT SUPERINTENDENT parties. No writea particulars have been furnished, but had the bar on entering the rud signal was hoisted.

vidance of part of Swatow. That plamtid Gorfist in would come out of dry dafendant gives

xplains that no damage was dock with everything, open. various matters, which ha sirs dung that the vessel was loaded aty asso-sor advies justify dismissal

Some of to sa can be summári- y disposed of. The alation of failure by the plaintiffima

Ar

concur.

me that

OTHER OFFICIALS RESIGN.

Intest

Kuomшisug

as is customary in the tride, that there wi8 no reason why the Thare is fresh troubla in official Mr. Justice Gompertz, in the

who kraw her draught and would should or let the hatches to be development using the arrest of Bue was in charge of a local pilnt m.ster before leaving the ship circles in Cautoa, the Summary Court, this morning

not have taken her in, when he eksid. He had the right|10|Coàn Tio-poast, tõe Suparitea; is powerlessprainsz Von Kahr and Hitler, and that the Communist Cave judgment in favour of Captain proper discipline 2 di had he not believed there was suppose that the chief officer, who dent of tde Mint, way, 18 un vid

tain J. Watson. furmartly master officers is en'i ly unspraótta I by cient water. The plaintiff was in charge, would do what member of tas and Socialists must unite determinedly to fight this reaction. Can of the Gorjistan. against Mresidence and need not be farther adds at the Swatow bar is a was heary for the safety of Panty. The arrest was effected versations at Leipzig between the Saxon and Thuringian Premiers H.M.H. Nemazee, shipowner, in en the question of forming an alliance of the Central States against a case which came before the consideret. The allegation untoriously tricks and uncertain the corul. On this advice by the Caiet of tas Paulic Price Bavarian Fascism have already resulted in recognition of the Reed Court on Thursday, in which plaintiff discberet she ofler of plea. Aly Assessor & vises, and for the formation of a Red bloc, accordingly the Communists will Capt. Watson claimed damareship's steward is diabod of by is nothing here to show negligen-

Bureau, on the instructions of the owner in the enzarement of a I concur in his opinion, that there al-o join the Thuringian Government. These developments have for wrongful dismissal, and Mr.

NO CASE FOR DISMISSAL the Mayor both ara

or the Young Sua Parts," his evidence. Anditor ma 1, the car want of skill. Here a rain 1; caused Herr Stresemann to summon the Premiers of Saxony andi Nemazee enunterclaimed for

fold steward, bat besale think coad gatita comes in.

My fading then on the facts as The allegasta aguast Chau is damages in respect of injury

whole is that the defendant has that he has violated finweisl the ship. Sitting with his Hurineton before thant lasachid

the plaintiff.

THE SWATOW COLLISION, mate out no case for the sum-administration by sullowing bud on the bench as Assessor during

mary dism sasi of the plaintif. advico, and as is also sapasted the heating of the cise was || THOSE COVERS,

The next charre relates to a have not forgotten that a train of of assisting the endary. Lieut-Comdr. Conway Hak..

collision in Swat harbour by actions, each in itself of no very Wa Hou-Ittau, tud Chief of Gen- K.N.R., of the Harbour Office.! The next chame a-sinst the which the vessel su fered dama-e serious importance, may in the eral Staff Headquarters, called Plaintiff (Cap: Watson) was plaintiff is that he orders or ts some of her plates. The aggrezate by cumulative effect on the Mayor and made a request' The Reichart has adopted the draft Emergency Law by 49/Presented by Mr. P. A. Waha, tain overing for discharge pipes plaintiff's account of this is as' establish the positive unfitness of for Chau's release, but this was

to be mate fr tha

ship fallows-On June 13th 1923, the servant for his employment. sternly refused, and Wa thare w tout the authority of the vessel was due to leave for Hook But this is not the case here upon resigned. It is stated that owner and that in an daid's he kont. No pilot was available Nothing of which the employer he has already left for Ha grong. incurred unt ecassary éxsense that day. The vassal was short can reasonably complain took A arther repart: states täst The plaintiff's explanation that of coal and water-she had just place after June. The real ceter the Civil Governor and tus he pointed out the necessity for enough of both to reach Hon-mining cause of the dismissal is Superintendent of Customs, borb chase covers to the awans who konz. No chal was obtainable in to be found in what took place of whom are old members of tub. referred him to Captain Morgan Swarow Three boilers see on Septi 4:h

Kuomintang, have also resigned. hn acting as Marine Suter leaking badly. The plaintif haij ntendent. Captain Mercara el no definite in-t-uctions not to THE DETERMINING CAUSE

A meeting of the Berlin Social-Democrats yesterday revealed a big sphs in the party on the subject of participation in the Strese mann Government. The feeling of the meeting was generally, hostile towards participation, but a vote was postponed for a fort- night

Emergency Law Introduced.

Berlin, October N

ter and the defence was conduct- votes to 17. Bavaria and some of the Prussian provinces upposeded by Mr. H. C. Maciamara. the Bill. The new law becomes invalid with a change, of Govern-{

It authorises the Gov-j Hi Honour's ju tement was as ment, or in any case on March 1st, 1924.

follows: erament of the Reich to take whatever measures it considers are

This is a claim for wrongful hub.sary or urgent in financial, economic or social matters, and thel

Plaintiff, who is a provisions of the constitution can, thereby be disregarded, but the dismissal. authorisation does not extend to the law regulating working hours.master mariner, was in command 1ue Reichstag deal with the Bill to-morrow.

of the steamship Gorlistan, of Berlin, October S. which the defentant 1 The Reichstar a 14 passed a vote of Confidence in the Govern-the owner. On the 41a Supteni- ment against the vote of the Nationalists. Bavarian Peoples Party her last the defendan: by his and Communists.

was rejected in favour of the representative, Mz Mahome ATelution abolition of a state of emergency in the Reich. A Bavarian FoNemuzee, gave the plaintiff oral cialist motion was carried endorsing the Government's constitution-notice that he was dismissal

The defendant claims to al stan point with regard to exceptional measures in Bavaria,

Berlin.ctober 8. eattled under the contract in the In the Reichstag debate yesterday, Coun: Von Westar, leader|A-tiples to discharge the plaintiff) of the Nationals, demanded that there be a reach of relations with at 24 hours" notice. France, with all the consequences. The statement evoked cres of

In my opinion he has no such "War!" and hissing from the left. He asserted that the nationals right. This special contract in oppose the Government's emergency law on which the Reichstag has the Articles is made between th

master as representing the owner and the rest of the ship's com- pany. There is no such contract here between the master and the

to vote.

BRITAIN'S FOREIGN RELATIONS.

"

lowner.

Then it is argued that if there no express contract, there must be an implied contract to that effect between master and owner. Here again the argament

הוה;

on

Mr.

TO-DAY.: Closing Exchange 2s. 3 3150. Barometer

*p.m. 29.86 Temperature pow Humidity 2. High Tide

8.47

33

33 pm Low

Lighting Up-Time 6.04 p.m.

hat they were necessu. To come out with ut a pilo He It appears that on Sept. 2nd plaintiff had them mats (1) of had heen eight times in Swat, the ship cama into harbour. Mr.

and in Batavia, fum, The vessel was very light and Mohammet Nemazee came ans which he fires The after she weirhed anchor waile board. Oo Sept. 3rd the plain- work was done in November19 swinging, a string tile sheriff went to the office and pre- The bill did not reach the ownstown on anther vessel. The sentet for signature a cheque Water 2.51 pm till March 1923. The fenfaat damage was tridingan tho vessel for the pay of the crew. says" (1) that the enres should) preeted on her voy ure.

Nemitee told him to wait. I have been temporary fracturesj

On these ficts I put two gaes may ay that in this judgment f wood (2) that in any case the timma to my Assessor:→

throughout when I refer to any- work should have be done in

(1) Was the plaintiff norlicent thing done by the defendant 1 Hon kac, where rat garg i werin leaving Swatow without a pil z I agree that the matter sur Answer: No.. Is the shence mean done by Mr. Mohammed Namazes, who has apparently

For Sale. Buick motor-ar in have been reported earlier by the of definite instructions not to

represented the defendant though-perfect running order-Face 4 master. The defendant dlease without a plot I considerat. The plaintif did not get any

A meeting of the Licen ing the plaintiff in March that he that the plaintiff acte i ressonably money and ultimately he returned Board will be held on the 2nd. hit exceeded his authority and an in the inte ests of the owner to the vessel At about 5.30 p.maro-Page 4.

him' bat cantioned

th Being light, she would have a Captain Adams came on board went to farther.troable with the har mitter

is unnecessary to go int, Luj (2) In all the circunstances, is merits of the case as in my the fact that a collision occurred opinon any breach of duy there definite proof of ne licence ort may have ben is beenontoned unskilful tess on the part of the

plaintiff?

y the defeat.

News in To-Day's New Advertisements.

LISTEN

Consignees are notified of the and informed the plaintiff that arrived of the s.. “Mesna.”-- his (Adams's) came was on the Page 4 resister as master, instead of the

what this meant, and Adams plaintiff's. The plaintiff asked

To releet any factor for in- replied that the office bad told him that the plaintiff knew ali cronajany bussarna y for he persons about it. The plaintiff then opened fully responsible for money lost letter which had been handed Adrertising, reminler, In such a to him by a clerk in the office and fact.

until then.

For Sale. B. S. A. Bicycle.--

DISCUSSED PRIVATELY BY IMPERIAL CONFERENCE.

London, October 8. The Imperial Conference ret it No. 10, Downing Street this moraing. All the Dominion Premiers were present, also Marquess fails. Curzon and two representatives of the Foreign Office. Mr. Baldwin,

A MASTERS STATUS. on behalf of the Government, welcomed Mr. Bruce, Senator Wilson)

Answer: On the inform to LOSING THE ANCHORS.

Java lable there is no su in prof. (Minister of Health, Australia), and Sir Lomer Gouin (Minister of There is an essential difference Justica, Canada). A discn-sion of foreign relations was opened by in tatus between the master of a The next point for thadd n'ani I condir with my Assessor Mr. Mackenzie King, and was continued by Messrs. Bruce and ship and his ship's company. Var is thut from the middle of 1991) both these points. Massay. It is regarded as most unlikely that the spreches will bețious duties are cast upon him he the eal of 1932, while the Caà further metler requires

The as. "Chilister" has also published. The Conference adjourned at two o'clock until late inlaw he has responsibilities an 1 plaintiff was eithar 1st. Officer or mest on : -Mr. Nemazee states which had remained in his pocket| the afternoon, when fieneral Smuts was the first speaker.

powers which are not sharot hy master of the Gorjustin, that that the "plaintiff, reporting the

That letter read as follows:farrived with cargo.—Page 4. On the discussion of foreign relations being continued in the his officers. It is impossibi: vessel lost four anchors in various damara, pointed out that by his

Anderson's give a list of latest afternoon, the Imperial Conference uninimously decided that the imply against him a power of mits. The plaintiff replied that action the ve sol saved a day and "Hongkong, 3rd Sept, 1923. To while day's procedings should be confidential, General Smuts, Mr. summary dismissal reserved to in only one case was he on save also pil stage, and that the Captain Watson, s. Gorjistan. dance records on Page 4 O'Higgins and Mr. Warren participated in the discussion. Mr Peel, the owner by express contract anchor duty, and in that case plaintif offered to make up the Dear Sir, I am instructed by Mr.

rout of the crow. Manarajah Alwar and Mr. Hapra spoke on helalf of India. The with the

te loss was dus to defective balance of the demige hima-1f. Namaice to suspend you from Page 4.

If you are going to build Conference then adjourned until October 11.

It is, I think, well settled gear. It seems to me that it is I think that something of the command for the time being. London, October &

that Some notice that is impossible at this distance of kind was said, but it was not, I Yours faithfully, (i.) FL. M. H. house, investigate the benefits to

Nemazee."

be derived from "Simplex. Par- Realar learns that no statement regarding yesterday's transacréasonable notice is to be time and without fuller knowledge think, intended to be taken, gor tings at the Conference will be issued at least until Thursday, when, it implied as

An hour later the plaintiff titions."--Page 2. term of such of the circums ances to come to a was it taken seriously not has!

I am unable to went on shore and proceeded to is understood, Marquess Curzon will reply to the Dominions speakers, contract or himng as this. The finding of na:ligence or un-jit been sited on

of Green Wright. seamanlike conduct against the find any definite admission of the office. Mr. Nemazee was not

should not have been informed in plain- L.C.P D., 591 shows how in thela'ntiff on allegations of this aegligence or unskilfulness by in. Next morning the

on answer to his question how absence of a clear contract to kind. I am confirmed in this the plaintif In any event Itif went again and that effect the Courts lean opinion by Lleuter ant-Com-think that here again if there the landing when Mr. Yemazee matters stood. Suspension with against a power of summary mander Hako, RN.R, of the was any fault there was also arrived. The plaintiff asked if out pay would have put him in a he could see him and Mserious position, which might last dismissal. This case has been Harbour Office, whom the parties condonation.

There WŁA indefinitely. Nemazee said “yen.” followed more than once in this have agreed upon as Aesessorand

CAFRYING PASSENGERS,

reason why he should acquiesce Court, and judzes sitting as a who has been sitting with me. In

IN DEFENDANT'S OFFICE. in such an unsatisfactory situa

tion. I am not surprised that A big decrease in British shipbuilding is shown by Lloyds jury have held 3 months to be any event, if there was fault in The barge is of-notre-

The plaintiff then followed Mr.ultimately he raised his voice and Register for the quarter ended September 30, when 1.271,000 tons a reasonable notice in, the case the plaintiff, it has long been porting to the Harbour Office

condoned by the owners. It is the presence of passage on the Nemazee into the office: There insisted on a definite decision. were under construction in Great Britain and Ireland, being a de-lof the master of a ship.

In the alternative the defend- significant that plaintiff was ship. This is an offence against is some difference in the accounte Mr.. Nemazee has stated quita crease of 67,000 tons as compared with the quarter ending on June)

contends that be was promoted from 1st Officer to the law of the Colony, for which of what exactly took place there frankly that he believed himself 30, and 346,033) as compared with the corresponding period year ant 820. Moreover, the total includes 242,000 tons on which work has entitled to dismiss the plaintiff command of the ship aller two the plaintiff was fired by the Bat the salient facts, as I find entitled to dismiss the plaintiff at been suspended for a long time or is in abeyance owing to the ship without notice owing to yard dispute. Thus the tonnage actually being constracted is only 1,029,039, which is the lowest on record for nearly 14 years.

BRITISH SHIPBUILDING.

CONSTRUCTION LOWEST FOR 14 YEARS,

London. October 5.-

The tonnare launched daring the quarter was 66,000, compared with 239,099 during the second quarter of the year, and only 29 Kassels of a tonnage of 111,000. were commenced, compared with 77 vessels with a tonnaze of 241.000 for the Juae quarter.

The tonnage actually under construction abroad is 1,024,009, being a decrease of 50,003 compared with Jane 30.

case

2

his anchors had en lost.

EARTHQUAKE FILM IN ENGLAND.

TO BE SHOWN ALL OVER THE COUNTRY.

London, October 8.

was

no"

Marina Magistrate. The plaintiff them, are as follows

803 time on 24 hours notice. states that the charterer was on The plaintiff asked MThis, I think, gives the key to board with his compradors, and Nemuzee perfectly properly and his demeanour, for he is not as I that he personally was not aware in a respectful manner what was should say, a man in any way that the charter party had ex-the meaning of the suspension lacking in courtesy. That be pired. It was not suggested to was it with pay or without treated the plaintiff on this oc- pla ptift in cross-examination Mr. Namazee not answer this casion with something less than that he had profited by the pre- question-be eithr in red it or the consideration due to him is, I ance of the passengers on board, he requested the plaintiff to wait think, entirely due to his mis A two thousand foot film of the Japanese earthquake was shown Caubtedly, he should have The plaintiff repeated the ques interpretation of their legal re in London to a small private au hence, inclu teng the Jipase to bis owners. But here tion, still with perfect civility, lations. It is clear that in the Ambassador. The aim was take in Tokyo, leit Yokohama on akin. I find that any offence but no explanation was given and both men lost their tempaz, September 12, arrived at Victoris, British Columbia, on September 23, zainst the owners had been con-him. He then repeated bis ques- but for this I do not blame the

tia several times, ultimately, as plaintiff, was taken to Chicago by.aerupts, arrival in NY irk on Siptam."

Mr. Namazee says, raisinz bis Mr. Nemazee states that he ber 25, ani rachel Englantihordes.s. Lavitha last Skulay. THE PLAINTIFF'S ABSENCE. voice in a disrespectful manner hat not intended to get rid of The Japanese Ambassa lor sube umily thinke 1 tas directors of the

The next complaint relates to and demanding a definite answer the plaintiff. But if he waE COD- firm concernel, and op.ned they hil pariorm a public service,

Mr. Neazee says intended What the papers describe as "halfpenny a mil fiying" is being enabling the people to see what the earn that he lik. Sir te absence of the plaintiff from tested a Lvm, this week Fourtaza British, two Belgian and two Edward Birle said the picture showeit 131thad siseruda the gr, the vessel on Auz. 20th.. when to transfer him to another vesselbent to retain his services it is Fried machines, with an eating-power 1 miled to seven and half, azzerate!, and empai-el the дd for supporting the Lor's "hy rel typhoon signal had bean But when He insisted on a renly clear that he did not suppo-e that' Bus parsasible at only twi hundrel po in 1 sterling, aid mantid Mayor'« relief fund. The picture will now be saɔwn alföver the histo... The plaintiff explin-Isaid "you were not di missed the plaintiff merited dismissal.

CHEAP AIR TRAVEL.

"MOTOR-CYCLES" OF THE CLOUDS.

Lan lon, October 8.

beramai plots, are combatin: fur various prizes for speed. alutale aki discuss. Tos principal prize is the Duke of Sutherland's £3)) 1ề của lɔ igast flirh: of a m ni.num of fifty miles on

a gilios of pascot Tas son litio is for the stira were ideal. Six machines this in orang disify eceled the Bity mil24, on a gallon minimu.n. Grusty winds this afternɔon ended the flying.

DAIRY DELEGATES GET DEGREES.

Syracusa, October_8. The Unive¬ity of Symouse has conferred dezrces on ten foreign Balakres to, the Well's Dairy Congress, including the Doctorate of, Boinnon on Mt. Masoyeshirato, of Japan.

country.

RESUMPTION OF RUHR, COAL DELIVERIES,

Paris, October, 8.

A message from Dusseldorf states that an agreement has been reichel between the Inter-Allied Mines Commession and the Poenix ant Rbanische Stahlwerke Companies, wan pro luce nearly ten per cent of th Ruhroa pat, that deliveries of cost shill resume Immelistery under the Renarations Commission's conditions, Taxes will be paid ou tas coal nos dalivered since the ocqqpation.

(Other Telegrams on Page 2)

doned.

I

appears that the Seamen's Un'on had roestel that the nisintiff should not be dismisse Nodout Mr. Nemazaa intendea

on is that he was su faring from Lafore, but you ars now." dysentery and want on shor for THE JUDGE'S VIEW. treatment. He waited on shore! to receive a injection and,Now, in my opinion, the plain-consider their requ at; hat he did having received ons, returned to tiff was entitle I to a dafuit reply as explain this in any way to the the ship at 10 p.m. The black to his question. Neither on the plaintif signal was not borsted till 5.53 201 or 3-1 September had hem clear that nothing the that suspension took place on Sept., 4th, just fed annext day. I agres with my ben told as88850 10 advies that the was coming or what efect it cammary dismissal, and I va plsintiff acted not a reasonably woul! have. The letter is silent in kement, therefore to plaints a and with due regard to the safety on the cusation of pay. The favour for claim and coes. I of the snip.

plaintiff had gone up into the follows from my Radians that the Tae point was further mala office on Mr. Hemazes's invita interclaim is dismissed, with that when Mr. Nedaran went on tion. I se po reason why be costr