1927-05-25 — Page 7

AN ILLEGAL GUILD.

APPEAL DISMISSED IN THE

BRICKLAYERS' CASE,

In the Full Court of Appeal this morning, two judgments were.de- Hvered by the acting Chief Justice, Mr. J. R. Wood, and the acting Paisne Judge, Mr. P. Jacks, in res- pect of the appeal against the de- cision of the former that the Hong- kong Kwong Yce Tong bricklayers' guild was illegal. Both judges decided that the decision of the court below must stand, and the appeal must be dismissed, with costs.

The cage arises out of an action brought by six Chinese, who, on behalf of themselves and others Interested in the guild, sued member for $249,92, being money dug under the rules. It was argued by Mr. D. McCallum, who was for the defendant, that be- cause the rules were tainted with illegality the guild was illegal, and his Lordship had no jurisdiction.

His Lordship (Mr. J. R. Wood) upheld that view, and gave judg- ment accordingly for the defen- dant. Subsequently, leave to ap peal was granted, and the appeal was conducted by Mr. Eldon Pot- ter, K.C., instructed by Mr. F. E. Loseby. The appeal was heard by both judges a short time ago, and to-day's judgments were given on the appeal.

Disputed Rule.

In affirming his previous judg- ment, the acting Chief Justice said the only rule which was in dispute was number six, which stated: "If there be any dispute remaining unsettled over work in- completely done, no member shall be allowed to take over the con- tract and continue the work, so as to avoid giving rise to compli- cated troubles."

To his mind, he continued, noj question of alternative interpre- tations arose. In its express terms it was an absolute prohibi- tion of the continuance of a con- tract from which a member of the guild had withdrawn.

After referring to Common Law with regard to restraint of trade, his Lordship continued that in his opinion the meaning of the rule was plain and unambiguous, con- taining in its express terms a re- It was argued for the appellants that even on this presumption, the onus of establishing illegality had been upon the respondents, but that was contrary to the authoritics.

traint of trade.

THE HONGKONG TELEGRAPH,

MANILA HOTEL BID REJECTED.

HALDANE-DUNCAN OFFER

UNSATISFACTORY.

CONCERT FOR TROOPS.

LAST NIGHT'S SUCCESS.

Members of the Forces who visited the Cheero Y.M.C.A., Cha- tor Read, last night, enjoyed one The bid presented by Mr. B. Hal- of the most successful concerts dane-Duncan, representing ayot given under the auspices of Filipino-American group, for the the Y.M.C.A. Entertainment Com- purchase of the interest of mittee. Mrs. Coston and one or the Manila Railroad Company two lady holpers had charge of in. the Manila Hotel was the arrangements. rojected at a meeting last Friday Miss Alleen Woods, accompani- afternoon of the board of direc-ed by Mrs. Woods, was enthusias tors of the railroad, it was announc- tically received in her song and. cd by Joao Pacz, general manager dance turns, Mr. G. W. C. Bur of the railroad. The board, accord- nett recited The Charge of the ing to him, considered the bid un- Light Brigade (in six, phases) satisfactory, says. the Manila Bul- Ictin.

|

and met with a warm response, Mr. Henry Livingston gave à, live The terms of the bid presentedly exhibition of the Charleston, by Mr. Haldane-Duncan were not while cello and violin selections made public. Mr. Paez declared | were rendered by Mr. G. Sharman the railroad company owns 4,325 and Mr. G. Wheeldon. out of 4,500 hotel company, shares. The shares are valued above par.

Only One Offer.

The evening was then further brightened by community singing, and some excollent numbers given by the servicemen themselves. Amongst those who took part were: Messrs. E. W. Pearce (re- citations), F. MacCormack (ac- cordión), L. W. Steward (songs dances), J. W. Brown whistling. Bo-

The new railroad board met for the first time to discuss the pro- position of Mr. Haldane-Duncan which was transmitted to the board through the Governor General, to and whom it was originally submitted." (humourist and No other bids were considered dur-loist), W. Brown (elog danc- ing the meeting, according to Mr.ing), T. Wolla and H. Lipsham Paez, although it is believed there (songs and dances), Jack' (vlolin re other groups contemplat- soles), W. H. C. Roe and L. Tipple ing bidding, Up to Friday only | (violin and ukelele selections), H. the one bid had been formally sub- | Edwards (recitations). The ac- mitted to the board.

companists were Miss Vaughan, P. O. A. Capstick, and Mr. H. V. Parker:

The Manila Railroad"will make no counter-proposition, Mr. Paez pointed put."

The action of the railroad board was the first definite step taken in connexion with proposals relating to the sale of any of the Govern- ment-owned corporations since the recent announcement of Governor General Wood that these enter- prises, with the exception of the railroad, would be offered for sale.

When asked as to whether he had any further plans for bidding on the hotel, Mr. Haldane-Durcan anid he had received no notice of the railroad board's action.

Another programme arranged by Mrs. Coston will be given next Tuesday evening, Dr. R. McCand- less, Mrn. In Davis, Mrs. R. San- ger, Mrs. Balean, Mr. R. Suther- land, and the Rev. E. V. Halvard have promised to contribute.

G.B.S. PORTRAIT.

REJECTED BY ROYAL ACADEMY.

The biggest surprise in connex- Shareholders of the Manila Ho-ion with this year's Royal Acade- tel will meet on June 3 to electy was an announcement that the members of the board of directors and to approve the annual report of the hotel manager.

any dividing point at which a line could be, drawn between the legal operation and the illegal operation of rule 6 itself."

the Hon. John Collier's portrait of Hanging Committee have rejected Mr. George Benard Shaw.

Mr. Collier, who received the news of the rejection quite cheer- fully, declined to offer any com ment on the decision when inter- What can I say? I submitted viewed by the Central News. miy portrait to the Committee and they regret that they cannot ac- cept it. I confess I was a little surprised, but these things do

Clearly there was no such point, he added, and, in his opinion that was the final consideration of that The reasonableness or unrea-part of the case. Rule 6, which en-happen, and that is all there is to sonableness of a restraint of tra le joined illegal acts in some of the be said about it. was a question of law and not face, words, also enjoined others which and it was for the decision of the were legal. " judge upon the evidence, and upon. his knowledge of the circum-

Appeal Dismissed.

stances surrounding the contract. He was of the opinion that in Prima facie any restraint of trade rule 6 the illegal and legal parts was, under the rule of Common could not be separated. The fact Law, obnoxious, and it was for the that this illegality had for its ob- party supporting restraint to ject the obtaining of an advantage satisfy the judge that any alleged for members to be obtained during justification or excuse was of the course of their trade (trade sufficient weight to render it protection being the principal ob illegal.

ject of the guild), it seemed to him to attach illegality to the contract as a whole. The contract itself could not be sub-divided,

Previous Judgment Right, His decision at the trial that the restraint of trade contained in the "Concluding, his Lordship said terms of rule 6 of the guild was that however unfortunate the conge- unjustified and unexcused stil! quences of his decision might be seemed to him to be right, and the to the appellants, and to the guild. language he used in his judgment in his opinion his judgment given still commended itself to his in the court below was right, and mind.

the appeal must be dismissed with

Ro said in his judgment in the costs.. court below: This prohibition makes no reference whatever to the merits of the dispute. It is

Second Judgment.

Dealing with the question of

not contingent on the rejection legality in his judgment, Mr. P. the building owner of a legal Jacka quoted from Halsbury, say- award on arbitration, By itsing: "When an individual inter- language it endeavours to place feres by legal means with the the building owner at the mercy right of another person to trade, of an arbitrary contractor. He 18. to be hampered in effecting, an his acts my be lawful and require no justification, but when several

alternative contract. This rule in in combination are responsible. its present form is detrimental to for similar interference, the effect the public good. It la inequitable of this combination constitutes in its consequences."

'their nets wrongful, by reason,

His Lordship continued with a quotation from a judgment by Sir presumably, of the greater extent W. Erle, in which it was stated, of the injury which can be caused "at Common Law every person, in- by the co-operation of numbers, dividually, and the public also, and so supply the violation of a have a right to require that the legal right which is essential to

the cause of action. Consequent-

course of trade should be kept freely it is essential for the defendants from unreasonable obstruction."

In the case under consideration to show some justification." Mr. Potter, for the appellants, had His Lordship continued that as said, "Unless it is illegal for men the rule stood at present it to bind together and Bay we will enjoined an arbitrary attempt to not complete an uncompleted job, protect the general interest of the this rulo is not illegal." The guild, and to enforce its will on Answer was that the agreement others without reference to any was tained with legality, unless kind of legal-tribunal some counter-balancing and lugi- timate advantage in the course of trade could be traced to its, pro- visions.

In his opinion, the putting into operation of that rule was bound to produce a hardship, whatever the merits of the dispute-a hard- ship out of all proportion greater than any advantage which the general objects or the funds of the guild were likely to derive from It Dealing with the second point, 'as

He was of the opinion, he sald to whether the illegality which had been established could be separated in concluding, that the role was unreasonable and oppressive, and

Unless that could be done, a malicious intention was shown to be present, which would impart illegality to the contract.

from the remainder of the rules, that the objects of the guild wore fncluding rule 7 under which the claim had been made, his Lordship no justification for the action

which the rule prescribed. tainted rule could not be separat ed from the other rules and

continued that he was not satisfied with the form in which the ques tion was formulated in his judg mont given in the court below. The question was not whether rulo 7 could be operated separately from rule 6, but as to whether there was

objects.

The

His decision was that the judg ment of the court below should be affirmed, and the appeal dismissed with costs.

To a Press Association corres- pondent, the artist said:--I intend to exhibit the portrait elsewhere, but I have not yet decided when or where. It is very seldom that the Academy rojects my works. Last year I submitted two portraits, and they were both accepted, The Academy's decision will not make I shall, of any difference to me. course, continue to submit, my works to them.

AIRMAN HERO.

i

This is the first portrait to arrive here of Lindbergh, whose great feat of lying from New York to Paris was accomplished over the week- end,

HOW MUCH DO YOU KNOW?

TO-DAY'S QUESTIONS.

The following general know- ledge paper has been taken from the Daily Express.

Answers, for those who need them, will be found on Page 12 of this issue.

1.Who founded the London Zoo? 2.-What was the former name of Ottawa, the Canadian capital? 8.Whero is the Cresta Ran? 4-Who wrote "Home, Sweet

Home"?

G.What is the family name of

the Marquis of Lansdowne? 6.-Who was it said of London,

"What a city to sack"? 7-Where did Thomas Carlyle go

to school?

What colour are the berries of the deadly nightshado? 9.-When was badger baiting prò.

hibited in England? 10-What do the initials. FIA.

stand for? 11-When was the office of Scero- tary of State for War creat- `ed?" 12What gront man is buried ́nt

Farnham Church, Surrey?

1.

WEDNESDAY, MAY 25,

1927.

MISSING FRENCH AVIATORS.

Capt. Charles Nungesser and Major Coli (inset) who, have à not been heard of since they recently set out on a flight from

Paris to New York.

The

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Scenic Route

Across CANADA

Via

Vancouver

or

Prince Rupert

Daily Trans-Coatinental Train from Vancouver or Prince Rupert, with all-steel equipment, radio-equipped observation care and anturpassed and ·· moderately priced dining car service.

Through booklrigs on pli steurnahip liner

For retaa, Herature and information apply ASIATIC BUILDING, HONGKONG

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CALL AND INSPECT DEMONSTRATION SETS OPERATING AT :- The Hongkong Electric Co., Ltd. (Queen's Road Showroom) The China Light & Power Co., Ltd. (Nathan Road Showroom) The Macao Electric Lighting Co., Ltd., Macao.

Sole distributors-Hongkong and South China

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Prince's Building.

BOORD'S OLD TOM & DRY GINS.

Cat" on Barrel Brand.

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JUST RECEIVED

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8 & 9 Beaconsfield Arcade.

Telophone O. 794.