1927-05-04 — Page 10

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THE HONGKONG TELEGRAPH,

APPEAL COURT

QUESTION OF GUILD'S LEGALITY.

INTERESTING ARGUMENT.

WEDNESDAY,

the peace. He mentioned these facts because he wished to im press on their Lordships that they should be chary in finding the Guild was illegal, "If it could fair- ly be said it was not illegal.

Continuing, Mr. Potter said that the arguments he was going to put forward were perhaps not en- tirely fresh, but he would put them in a different way, and as a result he would submit that the judgement of the Court below should be reversed.

Before the Acting Chief Justice, Mr. J. R.. Wood, and the acting Poisne Judge, Mr. P. Jacks, in the FED Court of Appeal at the Supreme this morning, the appeal

No Restraint. of the local Kwong Yee Tong Quild; (Masons' Guild) against A

Their Lordships would remem- decision by the Acting Chief Jus-ber that when he applied for leave tice, when he found the Guild to to appeal be intimated the course be illegal, was, heard.

of his points as to the separability The case arises out of an action of Rule No. Six from the other, and brought in the Summary Court by Julso reserved to himself to argue six Chinese, who, on behalf of that Rule Six was not unlawful as themselves and others interested, meaning a restraint of trade. sted another Chinese for $2.10.02, Since that day he had consider as being money due in subscrip-ed the matter very carefully, and tions under the rules, Ar. F. H. as a result of that consideration Lonely represented the Guild, and he was bourd to submit that in the defence was conducted by Mr. fact Rule No. Six was not unlaw- D. MacCallum.

Mr. McCallum then agreed that ful and did not mean a restraint of trade. He would submit, that it verinin rules were illegal, and

was a perfectly lawful rule, and could not be separated from their their Lordships could say any rest and that therefore the Guild thing against him at all, he would was illegal, and His Lordship had

submit that the worst they no jurisdiction.

could say was that it was unen- rule Is Lordship found that

illegal. This rule No. 6 WOR

in

forcible, and did not affect the

rest of the rules.

MAY 4, 1927.

ALL MANNER OF POSTMEN.

1800 SIZES OF UNIFORM IN STOCK..

Postmen's uniforms in Britain aro stocked in no fewer than 1800 sizes, it is stated in a report of the Select Committes on estimates dealing with the supply and in- spection of Government uniforms and clothing.

The smallest variation in the length of a sleeve constitutes a 450 sizes in size, but there are body measurements alone.

Questioned at a recent meeling of the Committee as to the exis- tence of contractors' rings; Mr. II. Sparkes, Controller of the Post Oilce Stores Department, ans- wered:---

There has been a ring in the cloth trade for many years, and we have fought it most strenuously. I am glad to say we are almost entirely outside the influence of the ring now. This year I think we have placed something like 90 per cent, of our orders outside the cloth ring.

The cost of a postman's suit of

jacket, rest, and pair of trousers

was atated to be £1, 11a. 4d., and the effect that con.

Mr. Potter added he would pro- the contractors' profit 1s. The tracts should not be taken on by members of the Guild or completed duge authority on the question. average life of his overcoat and

was in waterproof is three years. in the event of a dispute with the which he would urge persons for whom the masons were favour of the rule.

"Gambling on the Wool Market." Dealing with the rule in ques- contracting, until such dispute was settled. ilis Lordship held that tion, Mr. Potter continued to speak

Mr. Sparkes explained that in buying serge he could sometimes the rule was illegal on the grounds of the word "illegal," which he He of which, however, there was ac

a lower gure than he got for the be separated from the rest. held that the Guild was therefore such thing in the case under cou-bulk. A Bradford manufacturer illegal and he gave judgment for sideration. It was an ambiguous who had taken an order for 360,- word, and they must be very care the defendant.

000 yards said to him:- Mr. Eldon Potter, K.C, instruct-ful how they used it. When the

"The day I took your order I I am gambling it usually

on the wool market. It is about this morning for the appellants the and argued that the rule was not meant that they were nothing more

my limit. If you came to me for illegal.

a million yards I could not quote That if it was, it could than covenants which

as low a price as I do for be separated from the rest of the would not enforce.

400,000 yards." rules, and that therefore the Guild was lawful.

of restraint of trade, and could not said suggested something criminal.get offers for small quantities a!

ed by Mr. F. H. Losely, appeared word was used in such connexions took it at a loss.

The respondent was not repre- sented, but attended in person.

Established 40 Years.

present case,

the lav

No Trade Restraint.

A number of questions were pr to Mr. Culling, the Admiralty Director of Victualling, about' the practice of making contracts with four sergeants of marines to sup-

In contending that the rufe did not mean a restraint of trade, Mr. Potter continued that any hody o men could refage to work for a y This morning Mr. Potter particular person. if they thonga ply uniforms in bulk, there were one or two minor facts it not to do so. ffe added he was not asking their Lordships to show which had really emerged from

any shade of judicial sanction the evidence itself, which he would for what had necurred in the like to mention, The first was Colony during the period of that the Guild had been in exis- tence. for forty years, and was re-such gistered under the Ordnance of had

1911.

Mr. Justice Wood remarked that was one of the points on which he was doubtful, as there had been some re-constitution.

Mr. Potter replied he did not know anything about that, and he was only going on His Lordship's notes: He understood that the old funds were still in the possession of the Guild,

Mr. Justice Wood: think that

Each acted as a master tailor, he explained, and could make a profit, but could not make a loas. They gave the work out to women, whom they paid, and also had to pay cutters and for clerical assis-

the last *WO or three years, as strikes. bechuse they occurred under circum-tance. stances which no sane ngn would deny resulted in breaches of con tract which were punishable."

The amount paid to these four master tailers--one in every naval division--was 536,000. Of this gum £22,000 went to the women It could not be ascer employees.

each master

taller made in addition to his ser- geant's pay.

Mr. Culling added that 90 per cent. of the sailors made up their own clothes. "It is a Navy tradi- tion," he said.

As the basis of his argument, however, he did say by the law of England any number of montained how much could agree together not to work for any person, and that applied to every man who was in a position to sell his work, whether he be a mason or'a barrister. If, however, the members of any trade-liked to join together and said they would Mr: Potter continued that the not work for an individual, and point he wished to make was that added to that agreement certain the Guilf had been in existence provisions that unless they carried for forty years, and was in fact out such decision they would be reognised as a perfectly lawful liable to a penalty, or forfeit cer- | +444 Society under the Ordinance oftain benefits, which would other- 1911. which their Lordships knew wise be theirs under the agree had been repealed, t

an illegal ment, then they had

is so.

then.

18 Years' Experience, - Continuing with regard to the

He was instructed that the rules restraint of trade, and not until only came into force in 1924. 1 seemed to him difficult to contend that the Guild could not, be car| ried on in a perfectly lawful and proper mander, carrying out the building owner and the contractor. functions for which it was formed, Mr. Potter said that during his 18 whether they eliminated rule six years' experience in Hongkong he or any of the other rules, unless had not had brought to his notice the Court found that it was found a single case in which the build- ed for any object which was un-

ng owner was placed at the mercy of an unreasonable or malicious lawful.

contractor. That was his own

The case involved points of very

great Interest to the public, experience. The building owner, by virtue of the provisions of his to lawyers, and the members of contract, had provisions and penal the Guild themselves.

ties to protect him. If the Court

Mr. Justice Wood remarked that would study building owners, in the defendant's evidence he there was no necessity for them had found that he had said he was to waste sympathy upon them. issued with a membership card on because they were protected in September 12th, 1921, and added

"I was a member of the old one" every sense of the word.

His Lordship said that showed there was a re-constitution, and

it was on that date, he thought,

Non-Member Workers.

Also there was other labour out- side that Guild. There was at

when the Canton trouble arose feast one other Guild, and there

Mr. Potter replied there must have been some change. The might be thousands of masons in point he had made with regard to the Colony, who were not members that was a very small one, because of any Guild.

Mr. Justice Wood remarked he the mere fact that it was register. ed under the Ordinance did not did not think it right that Mr. prevent their Lordships from find- Potter should say there were plenty ing it illegal now,

of masons.

Mr. Potter replied he was try- ing to keep it as fair as he could. Mr. Justice Wood added he was only anxious that Mr. Patler should not put his point too high.

The Guild's Property. Continuing, Mr. Potter said the Guild possessed considerable pra perty, and if the judgment of the

Continuing, Mr. Potter said he court below, was upheld, and would submit that a judge could teresting point would arise, as to not put such a construction on the what was to happen to the proper rule in question, unless the object ty. No member could sue for an was to force the other side to come account of the property if the Guild was illegal. They would be powerless.

If without reasonable to terms. cause, the Guild did prevent the It seemed to him that the only building owner from completing result in law would be that the his building; if it improperly in- property would be veated in the duced men to break their con names of the people with whom tracts or not to contract with the it was registered, and that would building owner, with any improper be a most lamentable result. The motive at the back of their minds, man in whose name it was regis- then they were able to action in tored would be in the happy post-law, because they had committed tion of putting money from the breach of the law.

Ho submitted that the rule in property into his own pocket. The only restraint would be the physiquestion was not to that effect, cal restraint of irate members, and therefore could not ba illegal. which might lead to a breach of Judgment was reserved.

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