1926-11-03 — Page 12

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W

WESTINGHOUSE

ELECTRIC

THE HONGKONG TELEGRAPH,

IS IT $500 NOTE7

(Continued From Page 1) since the action had been brought Dealing with the statement of defence, Mr. ritzroy anid in the first paragraph the defendants denied that it was a banknote, and that it was impossible to identify It, while in the second paragraph they admitted that it was a bank-

note.

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Printed and Published for the Proprietor by FREDERICK PERCY FRANKLIN, at 1 and 3, Wyndham Street, in the City of Victoria, Hongkong.

WEDNESDAY, NOVEMBER 3, 1926.

LABOUR TROUBLE.

(Continued From Pago 1.)

NORTHERN WAR

Entertainments.

(Continued From Page 1.). IT IS NOT OUR OWN FILM- It is stated by the Sen's troops are closing in upon SO WE CANNOT BRING IT BACK with him." Chinese that this vigilance has Yochow. Thus General Tang's been mistaken for anti-British ac-troops are being surrounded by AGAIN FOR THOSE WHO MISS IT tivity, whereas in fact it is directed foes on all sides, so General Tanz NOW, SO PLEASE COME TO-DAY

is how endeavouring to tide over against Ngai Rong-ping.,

the situation as soon as possible TO SEE by concluding peace with Marshal Sun Chuan-fang, but General Tang seems to be in difficulties owing to divergenco, of opinions between him and General Chang Kai-shek.

:

PICKET. PROBLEM.

From another source it is stated that the authorities in Canton are Mr. Eldon Potter said that was somewhat puzzled over the question in the alternative; they could of finding employment for the 2,000 have twenty defoncos if they lik-pickets who were formerly employ

ed in boycott work. It was the in-

Though it is rumoured that as tention of the Government to 'utilise General Tang's troops, statione-l. some of the..pickets for collecting in the neighbourhood of Tienchia- the new taxes, whilst those who chen, retreated to Chichow with- were found to have been sufficiently out fighting, General Chen Tiao- well educated were to be trained yuan's troops, stationed in the for the revenue service, the re-region of Wuhueh, ure now mov- mainder to be sent to the fronting forward, there may not take for active service.

place a big clash in the region" of Chichow.

His Lordship said there was nothing practical turning on that Holding up the note, he asked Mr. Potter if the pieces of papor were the banknote.

Mr. Potter replied in the affirma- tive.

:

Dealing with the second para graph of the defance, Mr. Fitzroy observed that the defendants safd the nete had been materially al tered lace its issue by them, and contended that such alteration was due to the laches.or neg gence of the plaintiff while tas nota was in her possession or custody. He remarked that thare was no question that the nota had been altered, and there was no question that the latter part of the statement was true.

NUMBER NEEDED.

WU OUT OF PICTURE.

It is now said that thany of the pickets have declined to agree to

The relations between Marshal the propiasala' and that M. Borodin has suggested that these should be Sun Chuan-fang and Marshal Wi converted into permanent gaards Pel-fu:-Perceiving that Marshal for the various Labour Unions, Wu Poi-fu's forces had no strength twenty pickets to be assigned to of fighting. Marshal Sun Chuan- ench Union capable of maintaining fang tried to establish a conne- them. There are about 200 Labour tion with the Fengtien faction be Unions in Canton, and it is estim-fore he declared war against the ated that half of these could afford Southern troops. As a result, to maintain twenty pickets ench. though General Yang Yu-ting Reports state that M. Borodin strongly opposed to act in concert claims that the burden of main-with Marstal Sun, other Fengtien taining the pickets by Government leaders, especially General Chang would be lightened., if this scheme Taung-chang, wiping out the ill- were carried out, whilst at the same time, the Labour Unions would have

Use armed force to for their protection.

ZIL

PEOPLE OBJECT.

?

feeling against Marshal Sun enter- tained by them since the end of last year when General Chúng Tsung-chang's forces were driven out of Kiangsu Province by Mar- shal Chuan-fang's willingly

1C,

It is stated that several of the cepted Marshal Sun Chuan-fang's high officials have approved the sug-proposal for the co-operation be- gestion, and that the pickets tween the two Armies. Upon this, have expressed their willingness to Marshal Sun started the mobiliza be thus employed, but that the gen- tion of his troops.

to

of

In the third paragraph, the defence contended that they were liable to pay the face value of note bearing a speciñe number. He (Mr. Fitzroy) admitted that the number was missing, and that the plaintiff was not able to give details of it. In another para- graph, the defence said it was an implied condition of their liability to the holder of a banknote that the note should bear a specific number on presentation, or shoulderal consensus of opinion in Canton The Fengtien Army was to press be proved to have borne one. He cúntended that that was not neces- sary under the circumstances.

Continuing, Mr. Fitzroy said the concluding paragraph was to the effect that the absence of the nun- ber prevented the Bank, from identifying it as one of their notes, that they could not obtain from the Government the sum f

The self-confident Marshal Wu $500 deposited in respect of the ments dealing with deeds that had Pei-fu, however, refused the as note, and that they would con-been mutilated and which hodaistance of the Fengtien Army. tinuo to be liable to a tax of 1%

been held to be good. In one case The reasons why Marshal Wu Pei- per annum on the value of the he referred to, part of a bill was fu refused the aid of the Feng- note. Mr. Fitzroy said that the the subject, and he held from that tien Army are that. Marshal Wu deposit was only two-thirds up. case that if one was entitled to acented the ambition of the Feng- twenty millions, but the full give evidence on the whole of that tien Armiy which intended to ex- bill, then he was entitled to give tand its influence in Honan Pro- evidence on a part which had been vince taking advantage of Marshal destroyed.

Wu's weakness, and that General Mr. Potter said if plaintiff would Wei I-san's troops, which rose in give evidence as to the number, arms against the Fongtien Army they would pay, although they did at the time of General Kuo Sung- not think that they were legallying's rebellion, are serving in liable.

is that, in view of the unbridled hard upon Hankow assisting Mar- actions of the Labour Unions in the shal Wu Pel-fu's troops, and past, the granting of armed forces drive the Southern troops ou to the Unions would cause endless Hupeh acting in concert with the trouble to arise between employers Allied forces coming along the and employees, between the Unions Yangtze River, and then to close themselves, and between rival facin upon Nanchang, expecting that tons of the same Union.

the Southern forces will eventual- ly be annihilated.

amount if more.

+

Mr. Potter remarked that they had forty-five millions.

Dealing with the tax, Mr. Fitz- roy said they would only have to pay the note and strike it out; then they would not have to pay

the tax.

Mr. Potter-But how are we going to strike it out?

Mr. Fitzroy replied that they could do so because they only re- corded the average value of the notes, and not the numbers.

The plaintiff, in the witness box, gave evidence bearing out Mr. Fitzroy's opening statement, and, în reply to Mr. Potter, she said her husband was in the habit of presenting her with $500 notes.

Mr. Fitzroy said he had produced evidence with regard to the rest of the note, and because of that he thought he was entitled to succeed. He said most of the cases he had quoted depended on alteration being wilfully or deliberately done, but in this .case there' were no suggestion of that kind.

UTILITY OF NUMBER.

He said the

Mr. Potter spoke at length en Mr. Fitzroy said that was his the necessity of bunknotes retain case, after which Mr. Potter saiding their numbers, and produced he thought they might have heard many authorities. Mr. Fitzroy on the law. He was prepared to state his view at any time.

His Lordship (to Mr. Potter):

number was undoubtedly used for tracing notes in case of accident, and he would not say there were other business purposes for which

Marshal Wu's forces as its main body.

Owing to these impediments, the plans of Marshal Sun Chuan-fang miscarried, and Marshal Sun was compelled to fight with the South- ern troops independently

WAR-LORDS FALL OUT. During engagements between Marshal Sun's forces and "the Southern troops, Marshal Wu Pei-. fu did apt move his troops in spite of his repeated declaration that he would despatch his troops to render assistance to the Allied forces. But at this time when Marshal Sun's forces have suffer- considerable loss and the ed a strength of the Southern troops has, nearly been, exhausted, Mar-

Do you wish to submit formally such numbers might be used shal Wa's troops have commenced

that there is no case?

Mr. Potter agreed that he was prepared to make that submission. LEGAL ASPECTS.

That principle applied to Hong-advancing into Hupeh. Some peo- kong, as well as anywhere else.

The numbers, he said, enabled ple assume that Marshal Sun and Marshal Wu are indulging in tricks, the Bank of England and the the former being desirous of see- public to identify notes, and whying Marshat Wu's fallure, while Mr. Fitzroy then addressed his that should not apply to local cur-the latter being afraid of General Lordship on the law relating to

rancy he did not know. People Sun's influence being extended. the case, and quoted numerous au- could make a note of the numbers.

Thus the two war-lords are seem- thorities. He pointed out that on and dates, and, in case of loss, ingly in co-operation with each the note could be discerned two they could give the particulars to other, but they are dissatisfied at recognisable names, and words re the Bank sathat they could be lating to a promise of payment traced. That was exactly what heart. Accordingly, the peace ne- Mr. Potter said he would be they did in Hongkong. The num-gotiations, which are now progress- ing between Marshal Sun and satisfied for his Lordship to as bare were also essential for pre-General Tang Sheng-chih, have sume that the fragments of the

venting forgery, and they were nothing to do with Marshal Wu nota were genuine, for the pur essential to the Bank for protect-Pei-fu, and while the state of ces- poses of argument only..

Mr. Fitzroy dealt first of all ing themselves and the publication of hostilities is prevailing

from such. That was their posi-

between Marshal Sun's troops and with what a banknote was. Ho

tion exactly, and if the numbers General Tang's troops in the re- stressed the point that notes were

were not necessary, the scope for not legal tender in the first place, forgery would be

gion along the Yangtze, Marshal immensely

Wir Pol-fu's troops are mak; and such a note was not in the

increased. What would be: the enme position as a Bank of Eng result? he asked. There would being a furious attack in the region

of Wushengkuan. land note. The legal tender in numbers in the books which had Hongkong was the silver dollar, not been written off, and a forged and a person could not be forced note could be presented bearing an

to take a note. A banknote was authentic number, which was a ship this aftrnoon on the point of nothing more than a promissory number that had not been written negligence, and stated that it was note drawn by a banker and payon.

the duty of the possessor of a dote abla as such. He submitted that Mr. Pottor said that Mr. Fitzroy or contract to keep it in a recogni the banknotes were promissory had not addressed his Lordship to leable state. Ho submitted that notes issued by the Bank and were show that the number was not in this case there was negligence, not entitled to the same rights as material, and he (Mr. Pottor) sub on the evidence of the plaintif Bank of England notes, as they misted that it could not be sori-heraelf. could be refused by anybody; they ously argued that the number of His Lordship replied that he a' banknote was not material; would have to find that there was In reply to his Lordship, Mr. negligence, and he would ko The law applying to deeds could Potter said his address would take counsel to help him this afternoon also be applied to promissory notes some time, as he had numerous on the question of legal protection. The case was adjourned until or bills of exchange, said Mr. Fitz authorities to quote. He hdded roy. He quoted cases and judg-that ho would address his Lord- 12.15 this afternoon.

were private banknotes.

CASES CITED.

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