1928-01-25 — Page 2

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THE HONGKONG TELEGRAPH,

B.A.T. STRIKE.

THE END OF A FOUR MONTHS

STRUGGLE."

The strike of 4,000 women, 3,000 men and 8,000 juvenile "workers of the British-American Tobacco Com pany, which started on September 30 of Inst year, has finally been settled after protracted negotiations. Beginning with the strike of 300 juvenile workers of the Pooting No 1 factory, the settlement of which proved abortive, the situation developed until the workers of all three factorios of the Company wora involved and a complete cessation of work. was effected on October 16. After many attempts at mediation from various quarters, and when the atriko had been in progress for about three and a half months, Mr. T. V. Soong, Nationalist Minister of Finance, finally succeeded in call- ing a round table conference, which was held at his residence. Repre- sentativca of the Company and

labourers, after much discussion, came to an agreement over the major points at issue, and, at a dinner given at the Finance Minis- ter's residence, 322 Route. Villon, on Monday of Inst track, a ́ formni agreement was signed, a translation of which follows:-

body and for the proniction of the labourers' interesia.

WEDNESDAY, JANUARY 25, 1928.

COUNCIL SUED.

PEKING CONFERENCE.

CABARET LICENSEE'S CLAIM MILITARY LEADERS CALL ON

FOR $30,000.

CHANG TSO-LIN.

In the Court of Consuls, com-

Poking, Jan. 24. posed of Mr. E. S. Cunningham All the northern military load-" (Senior Consul) presiding, Sir Sid-ors who have arrived in Peking ney Barton, and Major J. L. Ister, called on Chang Tso-lin this S. H. Levy, owner of the La Guite morning to offer their new year Cafe, brought suit against the congratulations. Shanghai Municipal Council for

$30,000, and in his petition asked Chang Teo-lin is feasting them for an injunction restraining the to-night after which the confer S. M. C. from cutting off his elec-ence between the militarymen and tric light and from continuing the the members of the Cabinet will hindrance caused by a barbed wire begin at the Chuyentang bulk fence, which they had built on Bre-ing, Winter Falace, where the nan Rond in front of his premises. extrality conferences were held. The Council since the petition was -Reuter. filed have removed the wire and restored the electricity..

Mr, K. E. Newman and Mr. R. d'Auxion de Rao appeared for. plaintiff and Mesars, G. H. Wright and J. E. Badeley represonted the Municipal Council,

MEXICO'S DEBTS.

.ANNOUNCES INABILITY, TO

PAY FOR PRESENT.

According to plaintiff's petition," the Municipal Council ordered a barbed wire fence to be erected on

New York, Jan. 24. August 25, 1927, which extended a The Mexican financial agent has considerable distance to either side announced that the Mexican-Gov- of plaintiff's' front gate and pre: ernment has informed the Inter- vented the free and unhindered use national Bankers' Committee that of his premises; also that on Adib is unable to resume on January 1, gust 20, the S.M.C. shut off his the full service of the sinking supply of electric current His fund on the entire direct debt and business was damaged. he contend has invited the committee to ap- ed, to the amount of $30,000.

Recognition Granted. Art. 1.Thic Company. will,, re cognize the organization of an Association by the labourers under their employ and receive it at all times as representative of the labourditions, by remaining open after capacity a basis for annual pay- 2 am-when he should havements of interest and amortisation closed and closing at G a.m., and on the external debt. Reuter's that there was drunkenness and dis- American Service. order on the premises and that, clients entering or leaving the premises caused a nuisance, The Council maintained their right to protect the rights of soldiers quar- tered in Jessfield Park and other residents of the vicinity.

In defendants answer, filed on point experts to visit Mexico City to examine the situation and to November 24, it is alleged that furnish within the Government's plaintiff violated his licence con-

Art -The Company will not discharge any labourer from service without adequate reasons for so do ing. When any labourer is to be discharged, it must be done accord. ing to existing regulations of the factories.

Art. 3.--The Company will support the schools which they originally established for the benefit of the Inboarers and bear its expenses. There should be a definito name for the school (It will be known as School for the Children of B. A. T. Labourers)

Art 4-The Company will give rice allowances to the labourers when the rice price is quoted in the market over 85 (silver currency) (The original regulation of the Company provides for a rico allow ance of 20 cents when the price is (over 88 a picul). Ripe allowance will be given in full despite holidays or authorized leave of absonce. Labourers absent from work without permission of the Company shall not receive any rica allowance."

Art. 5.The Company will give woman labourets six weeks' leave of absence before and after childbirth and an allowance of $30 only but no wage shall be paid during the leave of absence.

Allowances Settled,

for the labourers.

Art. 7.-In case of any accidental death of a labourer or labourere on service, the Company will pay a post mortem allowance of 81,500 (silver currency) to the labourer's family.

Defendant's Functions. Plaintiff's reply (January 13, 1928) stated that placing the barb- ed wire had been an unlawful" act rights had been committed. and a trespass against plaintiff's The Levy in the French Consular Court S.M.C. could have prosecuted they were not a semi-judicial body, possessed with punitive righta; further that the S.M.C. had no right to cut off the electric supply, excepting under a breach of that special contract.

French Consular Court to answer charges of having caused a nuis- ance, and the French law on this point, counsel went on to say, is stricter than either British or Am- erican.

"We will admit for the purpose. of this action," Mr. Newman weat on to say, "that we are the biggest blackguards on the earth, but that is"not the point at all."

Counsel then said that the S.M.C. had Levy in the French Consular Court brought an action against Mr. for operating without a licence, the return date being 10 days later, August 27. Mr. Wright, in- terrupting, informed the Court that the charge referred to a breach of licence conditions.

Without awaiting the trial, the Council shut off the lights en A-: gust 20, and built the barbed wire fence on August 26, extending 200 yards to either side of the pre- mises, prolonging, the line to 400 yards on the following day, when it became known that patrons had crossed the fields to get into the Cafe. On the return day, the day following the erection of the barb- ed wire, counsel. inferred that it appeared as though the French Consular Court showed their dis- approval of the S.M.C. actions by adjourning the hearing sine die.

In the rejoinder defendants de- nied that they had exerted semi- judicial functions or were possess ed of punitive powers, and denied that they refused to abide by the decisions of the competent Con- Bular Court in public interest it was necessary that this nuisance should have been stopped at once.

Mr. Newman in his opening re- marks said that the principle was one of the most important which 4 Court ever had to decide upon, one which, he insisted, concerned Art. 6-In case of sickness, the the legality of the S.M.C., as an labourers will be given treatment by administrative body, usurping a hospital to be appointed by the judicial powers. He pointed out

"Intolerable Persecution." Company and, in addition to the that in early Shanghat, the Com payment of regular wages, the Committee of Roads and Jetties (pre- The wires were up 72 daşâ, pany will bear the medical expenses decessore to the SMC) maintain power was shut off for 105 days

ed the right to inflict penalties. as a result his client was ruined, This was opposed by H. M. Consul, because of certain commitments. in particular, and other consule as During this period the S.M.C. had well. He then cited Article 23 of a perfectly and competent remedy, the Land Regulations, and pointed they could have applied to the out that foreigners obtained their French Court and obtained a protection through this, which nuisance" injunction within two hours. Counsel would say that conferred extraterritorial rights.

Counsel intimated that opposing they had had a "stringent" remedy;" em instead they erected barbed wire. counsel would attempt to phasize the shortcomings of nis client, but that should not affect their judgment as to the powers

In reply to Mr. Newman, plain- of the S.M.C. His client was at tiff said that he was ruined be- tempting to obtain redress arising cause of the action taken by the from the misconduct of Council Council. His profita during the employees. Mr. Levy might have summer of 1926 amounted to $14,- the blackest character in Shang-000. He had hoped during 1927 hai, but that should not affect the to make even more than that. His attitude of the Council, who had receipts between August 1 and not used the proper channels to ab- August 24 were $6,756. His con- mitments, which, he could not meet, amounted to about $13,000, Plaintiff's Admissions. His creditors removed remaining Mr. Newman was willing to ad- stocks, etc. He reopened business mit that his client had kept open on December 3, the day following after 2 am, but was not ready to restoration of lights. In January atate that he had caused a nuis- he informed the Revenue Depart ance-but if even if he had, that ment that he would not renew bla would not alter the conditions of licence, as he had no money. He the suit. They had not had the pawned his type-writer and elec- opportunity of meeting this chai-tric fans, and sold old bottles to lenge in a proper court.

obtain funds. As a French protege, he could have been brought before the

Art. &-In case of any labourer being permanently disabled at the Company's factory and unable to continue work, the Company will pay a retiring allowance of $1,500 (silver currency).

Art. 9.-The 1927 year end bonus will be paid in full at the end of the old Chinese year on a twelve-month basis (that is, no deductions will be made for the period of strike).

Art. 10-Anything not mentioned in this agreement will be dealt with according to original regulations of the Company.

Art. 11.-This agreement will be observed by both parties signatory herewith until a formal announce- ment of an official Labour Law is made by the Chinese Nationalist Government which will then be observed..

Art. 12-This agreement comes into effect on the date specified above (January 16, 1928) when signed by representatives" of the Company and the Labourers.

tain rodress.

Counsel attributed his client's

losses to "Intolerable persecution."

Evidence having been given an both sides, judgment was reserved.

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