1928-05-07 — Page 9

HOUSE OCCUPATION RIGHTS OF POLICE

DISPUTE.

RAISED.

THE HONGKONG TELEGRAPH,

BANDITS SEIZE AMERICAN.

BANK CLAIMS $1,000 AS MORTGAGEES.

IS PERMISSION NEEDED FOR

MISSIONARY TIED TO

ENTRY?

MR. WITCHELL SUED. CONSTABLE'S CONDUCT

At the resumed hearing, this morning, of the case in which a money-changer and a hawker were charged with obstructing the police in the execution of their duty and in which a cross-sum mons for assault was taken out by the defendants against the police, Mr. R. E. Lindsell naked

POST,

"MONDAY"," MAY 7, 1928.

STEAMERS.

U. S. PRESIDENTIAL CHINA MERCHANT

ELECTION.

GOVERNOR SMITH ENDORSED BY CALIFORNIA.

TEETH SEARCHED FOR GOLD A SWEEPING VICTORY.

CROWNS!"

the

:

FOUR HELD UP BY WAGES DISPUTE.

STRIKE THREATS,

Shanghai, May 2. Four steamers of the China Mer-

chants' Steam Navigation Com pany, which were to have sailed for their scheduled ports during the last few days, were held up at the Kinleeyuen wharf yesterday as a result of the movement of the men's Union, to collect the back pay [erews, backed by the Chinese Sea-

The Bank de l'Indo Chine,

Washington, May 2.. Frenth Building, claimed: $1,000

By a sweeping victory in the from Mr. J. B. Witchell, manager

California Presidential, primaries of the King Edward Hotel, in the

EVERYTHING TAKEN. yesterday, Governor Alfred Smith, Summary Court this morning be fore Mr. P. Jacks. The plaintiffs'

of New York, passed his first big total claim was for $1,095 being

respondent of

The Changchow, Fukien, cortest of strength in the race for

Shanghai the Democratic nomination. mesne profits in respect of Budree

Times sends the following account Villa, North Point, due from the

of a bandit exploit from a per-who, like the New Yorker, haa Secretary of Commerce Hoover, defendunt in respect of his occupa- tion of the house from April, 1927. Mr. P. P. J. Wodehouac. C.1.E, to sonal letter of one of the mission been showing his heels to oppon- due to the mea. tion of the 14, 1928. The plain-inform him of the instructions the aries of the Reformed Church in eifts in the Republican contest, in-

Other internal troubles regard- tiffs made their claim as mort-police have as regards the follow- Amerien. Mr. Adam 'Westmass, of creased, his lead by winning theing the administration of the ves gugees of the premiaca, but waived g of petty offenders into private that mission, was captured by 26 home state delegates.

bandits about a month ago, and

sels are stated to be involved in the $96 to bring the action within the dwellings or shops.

By bagging California's 26 con dispute. Mr. Wodehouse-I think techul- the detalls of the affair have justvention votes, Governor Smith juisdiction of the Court,

He was taken brought the number of delegates

Unions Busy On Job. cally they are supposed to disk per-been received. mission. Supposing you have to while on a trip near the city of claimed by his hackers to 494, enter through a door, I think the Lungyenchow, about 100 miles which is 239 short of the two-crew of the Kinnghsin on Monday, Following the walk-out of the law is that you have to ask por from Amoy, where the Reformed thirds. mujority necessary to ob- an attempt was made to obtain a mission is enter.

Mission carry on 'mission work. nin the nomination. Four hun-scratch crew to enable the vessel "On the road one day, within dred and three of the Democratic to leave for Hankow yesterday four miles of the most distant delegates are still to be selected.

morning. This attempt by the station, had an experience which The California delegation company was soon discovered by the threatened to upset everything. brought Secretary Hoover's claim- men's union and the scratch crew While I was walking along the led delegates to 308. which was ordered ushore. Carrying out lonely path at the foot of the Я 1.19 short of the 45 their threat to extend the move to 1

mountain, nine armed men jump required to nominate. Two other vessels, labour leaders set to ed out of the bushes.

hundred and fifty-four Repúblican work and the crew of the Kiang- delegates have yet to be selected. shun, due to leave for Ilankow, via ports, at 9 a.m. yesterday, was call- Nashville, Tenn., May 2ed out. The State Republic convention today endorsed the presidency of Secretary of Commerce Hoover.

Mr. M. M. Watson was for the plaintiffs, and Mr. D.. L. Strellett defended.

Mr. Watson explained that the premises were formerly occupied by Mr. Tanner. The plaintiff's were claiming as mortgagees who were entitled to all rents from the premises, which were mortgaged to them on April 20; 1923, by Wong Man-wai. Mr. Watson added that he was depending entirely on the law and was not going to call any ovidence.

Repairs Agreement.

He continued that in April, last year, the defendant became the tenant of the house under an agreement made between himself

and the landlord when it was

agreed-that-the-rent-should-be $125 per month. Either on that datë or on some later date, the defendant entered into an agreement with the landlord to repair the roof, and whatever money the defendant spent on repairs should be set-off against the monthly rental. Watson asked his Lordship to bear in mind that the plaintiffs were no party to that lease or agreement.

Mr. Strellett asked his Lordship

Ilia Worship:-Is there any de finite instruction?It is in the London Police Code,

here,

London Followed.

His Worship:-Out mean?

MP. Wodehouse:We follow the London Police Code.

But the police infractions hure,

Led to Mountains.

"At first they socmed interested do they cover it?--I think they do.only in my baggage and money, don't know about an open shop but after the spoils were divided among them, the clothes, money, stereoptican machine and camera,

like that.

I

His Worship indicated that he would like to see the police in- structiona

BRIBING.

DIDN'T KNOW IT WAS ILLEGAL.

The Hein Chang and the Hain- wah were also due to sail yesterday, but although the crews did not walk out, they indicated that any attempt

In an immediate-strike, according to, Chinese reports.

"

in fact everything except what WAS ACCUSTOMED TO to sail these vessels would reint they needed most, the Bible-and- Lator, Mr. Wodehouse produced Christian literature, they lied the police instructions, and, refer my hands and led me off into the ring to them, enid:-I think that mountains.

Mediation. Sought, comtemplates entering a railed my camera and stareoptican mar They thought from house with a close door. It is chine that, I was a business man,

Representatives of the labour de taken more from the Home pro- and refused to listen to my ex-

partment of the local Nationalist Government were busy yesterday Mrcedure. I don't think that con-planations.

templates an open shop where

trying to settle the dispute, but the "After we walked about ten

When a Chinese hawker waa source of the trouble, according to everybody can enter. Personally miles they came to an abrupt stop, charged before Major C. Willson the men, lies deeper than the at- should say that the police can blow their bugle and cocked their this morning with offering a bribe tempt to collect back pay and also pursue anybody into an open shop, guns. Since there was no one in of 20 cents to an indian constable, retain the compradores on the vou though I don't know whether that sight, I naturally concluded that he asserted that he had previously sels whose status has been reduced would be right.

my last hour had come. This given money to the constable and owing to the Introduction of a new move remains a mystery to me that his act was contrary to the

consequently he was not aware system of compradores. still, though, it was probably a

laws of the Colony. signal to one of the other ganga.

to make a note that he admitted

that the plaintiffs did not become party on that day, but after that date, his case would be, plaintiffs adopted it.

Mr. Watson continued that at the time the defendant and the landlord entered into the tenancy agreement the landlord was in debt

Defendants Discharged.

- Further evidence was then given, and after Mr. Lộ hnd briefly reviewed the evidence, his Wor ship discharged the defendant,

to the plaintifs. On August 16, saying he believed their version of my sun hat, and put it on hinto that effect when he was brought of the compradores have been

the

It is reported that since Nation- alist influence permeated the com- The police officer in charge of In Shirt And Trousers.

compradores have been the case informed his Worship Papy. that the hawker made no statement requested to make large deposits "At this time one of them spied

of money as guarantees. Some 1927, the plaintiffs sent a letter by the origin of the trouble. He also head.

into the charge room yesterday. This led to 1 general post to the defendant asking him dismissed

the company's service 20 years or His Worship deferred the hear-more and have been called upon cross-summons scramble, which left me stripped i to pay the rents to them, but The brought against the constables, ex- of everything except shirt and ing of the case for twenty-four to pay sums ranging as high na defendant now said he did not re-pressing himself is being antis trousers. They even examined myities to make enquiries into the deres have paid over these cath hours to enable the police author-Tis. 30,000. Some of the compra- ceive that letter. They mnde fed with their explanations in teeth for gold crowns! And further demand asking for the rent

truth of the defendant's state- due and it was found that he had regard to the alleged assault.

though the sun was hot at that ment. Worship said:-I would ask you by a cloud until we came to the Addressing Mr. Wodehouse, hiame of the day; I was protected to hold a departmental enquiry next stop. fato the conduct of C.441.

not paid rent from April 1927 to March, 1928.

Lease Void?

FORMER HOTEL SERVANTS.

FINED FOR UNINVITED VISIT.

deposits but others refused, quot- ing the terms of the compradore arrangementà on these vessels which are very loose and cover b multitude of "privileges."

Compradore Vumps" Ship.

In the case of the Kianghain,,| it is reported that three compra- dores were named for the positione. Nationalist influence resulted in Two ex-employees of the Station the new compradore being escort. Hotel, Kowloon, were prosecuted ed down to the ship, at Nanking before Mr. W. Schofield, at the by armed soldiers in order to oust

"At this mountala Village they Throughout the whole of the mat tied me to a post while they invit- Mr. Watson azued that anyter he has told a tissue of lies; ed themselves to a lunch at a lease made between a tenant and a furthermore, into the reasons why mortgagor was void to the mort- the defendant

neighbouring house. Their head- was not given an gugees, and according to law, once immediate opportunity of finding further. When they returned they quarters was still about five miles the property was mortgaged, the bail; and, furthermore, why he mortgagor could not make any was sent through the streets back at around trying to estimate' my

greement with a tenant without

valué. They asked about DIY The express permission of the mort the shop handcuffed faink family and who would

pay the gagees. With regard 1.0 the

tainly be cleared up by a departansom, and how much I thought present cane, Lhe landlord, having

I was worth. Fome thought Kowloon Magistracy this morning, the old compradore. The new mortgaged his

mental enquiry. I shall be glad must be worth all of a thousand for heing found in the servants compradore, however, grew tired of pro-

if the result of that enjuiry can others still more and others not quarters without permission. perty to the Bank, WHS

This job and virtually "jumped" the not empowered to enter into any be cominunicated to me, agreement with the defendait

The defendants were each fined ship at Woosung on her voyage down to Shanghai. Ho went without the express permission

$5, it being stated that althoughshore at Woosung and proceeded of the plaintifs,

His Lordship risked whether that was not done every day ip the Colony,

Mr. Watson replied that that was. so if the mortgagees did not want to interfere, but if they did want to interfere the tenant could be made to evacuate and could be charged as a trespasser.

is Lordship' asked if the, tenant received a letter from the mortgagees asking him to pay rent to them, would that not be the same as adopting the lease?

Point of Equity.

Fi

that these three points should cer-

30 much,

, 28-Year-Old Order.

work on the house that was not "Just then an old man passed the management, desired to stop required,

by who recognized me as a mis-the practice of ex-servants of the to Shanghai by train. Mr. Strellett said that the housesionary. He was very much con-Hotel returning to the establish It is reported that the influenco was inhabitable when Mr. Witchelfcerned, and advised them to re-ment without permission, the pro, of the disgruntled compradores, took it over and he had made it lease me. He left us for a few secution was not pressing the case. who are dissatisfied with the new habitable. Mr. Tanner was pay-minutes and returned with an There had been several petty administration, has had much to ing only $50 a month when he official-looking document which helarcenics which could only have do with the trouble among the occupied the premises, and that asked me to read. I could make been committed by persons with crews.-Shanghai Times. would show what disreputable (Continued on Page 10.) inside knowledge of the hotel.

state the house was then in. The defendant teased the property from, the landlord and they had agreed that money spent in re- | pairs should be deducted from

the rental, and the defendant had spent over $1,500 un such repairs. Another condition was that, the indefendant should not be ejected.

Legal Argument.

"

Mr. Watson replied that Hongkong the mortgagees were not allowed to apply for distraint of rent unless a tenant had

In the legal argument which actually first taken possession of ensued, Mr. Strellet said the mort- the building. The whole question gagers had not elected to say was one of equity. The plaintiffs whether they would have allowed had no knowledge of the lease the defendant to between defendant and the land- after their existence on the pre- remain there lord. The tenant was always mises under the tenaney which entitled to, enquire whether pro had been created, or whether they perty was mortgaged, and if Mr.would have just treated the defen- Witchell had taken that precau-dania as trespassers and desired tion the crise would not have been them to leave with the alternative brought,

BS Lordship: What rent could of paying rescue profits, which you claim if you did not recog-were nothing more than damages

ise the lease?

for trespass,

Mr. Watson answered that he' Mr. Strellet referred to the let- 'was not claiming reat, but theter which the plaintiffs alleged mesne prafts. The interest had they sent on August 16, 1927, “in been in default for several years, which they said they were pro- They were not concerned with ceeding in the collection of rents any arrangement the defendant and asked the tenant to pay their might have side with the land-own shroff in future.

It was lord.

shown, therefore, that on August 16 the mortgagees knew who the tenants were.

"

Plaintiffs' “Good Fortune.”

In reply to further questions by his Lordship. Mr. Watson said he could claim as much as $1,000

Mr. Strellet also referred to the attempt on the part of a repre- septative of the mortgagees to get a month, which was what that the bill from the builder reduced, place of land could make, but for without muccess, That went to the purpose of the present caso show that there was an entirely they had taken the figure of $125 complete and absolute adoption of a month. With regard to money the tenancy arrangements between that the defendant had spent on the tenant and the mortgagor.. the house, that was the plaintiffs'

The case will be continued dur- good fortune. It was quite pro-ing this afternoon.

able that the defondant had done

H

CAME

©1920, BE REA SERVICE, INC,

"Magazines?"

Flodigarry, Portree, Island of Skye, the mansion where Flora Macdonald spent many years of her married life, is being put up for auction at Edinburgh in June.

Mr. Gilbert Blundell, who had been a member of the Blackpool Town Council for 36 years and had held the office of Mayer, has died at the age of 81.

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