1929-03-12 — Page 7

BANK EXCHANGE CONTRACT.

KR. JENKIN ON DUTIES OF PARTIES.

THE HONGKONG TELEGRAPH.

TUESDAY, MARCH 12, 1929.

HONGKONG "AERIAL SHANGHAI CONSUL TROOP MOVEMENT

PROSPECTS.

PROMOTED.

THE NEED FOR SERVICES TO SIR SIDNEY BARTON MOVING

TO ABYSSINIA. AID COMMERCE..

RENUNCIATION POINT. CANTON'S EXAMPLE.

Mr. R. Vaughan-Fowler, writing. under dalo of yesterday, says:

BECOMES MINISTER.

at

London, Mar. 11.

CONTINUES.

HOTEL DISASTER.

STATEMENT.

TRANSPORTS MOVING UP SUPT BROOKS AND WATER

THE YANGTSZE.

HANKOW IS QUIET.

Naval wireless messages receiv.

PRESSURE.

SEARCH CONTINUES.

(Continued from Page 1.)

on the second floor verandah.

No. 11 motor pump also got promptly to work with deliverien brought in through the main co- trance of the Hotel to the stair- case and lift. Flames had broken

central

Mr. F. C. Jenkin made his final address on behalf of the Banque In-

H.M. the King has approved of ed in Hongkong indicate that the dustrielle de Chine in the Supreme In your article published to-day the appointment of Sir Sidney movement of Nationallat troopa up Court this morning, when the ex- and, entitled, "Local Air Services" Barton, His Majesty's Consul the Tangleze still continues on ainmates of the Hotel were waiting change contract case was continued, you draw attention to one or two General at Shanghai, to be Envoy large scale. The bank is claiming against Tuen points which I consider to be of. Extraordinary and Minister Pleni

On Sunday, continuous troop Kee Hong for $11,554.78, damages such importance that they require potentiary Addia Ababa,

movements up river from Nanking for breach of an oxchange contract further attention. The appointment Abyssinia."-British Wireles

were reported, but Hankow re- Sir Sidney Barton, who for the purchase of £10,000 sterling of the Director of Air Services is, in London. It is alleged by the de- without doubt, a step in the right knighted in 1926, came to China mained quiet and there appeared fence, for whom Mr. Eldon Potter direction, You say, "The creation as a student interpreter in Septem-to be little interest taken in the K.C., is appearing, that the bank of a new official post, the Director bor, 1895, and so soon did he show general situation. broke the contract by closing its of Air Services, implies that the proficiency that he was interpreter A large number of troops ar- doora when insolvent on July 2, Government Intends seriously to the British contingent during rived at Nanking from the North 1921, which was the month during concern itself with the provision of the operations at Tientsin in June on Sunday, whilst about a dozen civil flying facilities in Hongkong and July of the Boxer year, 1900, transports were anchered off the which the contract was current.

Subsequently he was assistant poll-capital. Quoting leading authorities, Mr. in the near future." I think that

it is only right it should be made tlcal ofcor during the advance, Jenkin pointed out that there was clear that the Government have always a period in which perfor-seriously considered the various August, on Peking. mance of a contract muat be made. problems connected with Civil Fly- He explained that it been held that Ing facilities In Hongkeng for the the mere suspension of payment past eighteen months. Unfor- by a bank was not a breach of con- tunately the same can not be said tract, because the liquidator might of the local business men. have accepted certain bills. In any case the shutting of the Ban- que Industrielle's doors did not carry the alleged breach any fur- ther than had the manager stood on the front steps and said he would not carry out the contract.

There was nothing, continued Mr. Jenkin, on which his Lordship could find that, in fact, the Pro- visional Liquidator would not have carried out the bank's part of the contract by paying the money in London.

out, intensively, in this portion of the Hotel, and shooting upwards these were making short work of the wood that represented the main constructional material of the interior of the building. So sudden and intense was the out- break that the two topmost floors There is still no definite in-were alight by the time two other The next Ove years were spent formation as to the ultimate ob- appliances pulled out of the partly at Tientsin as Vice-Consul, jective of the large number of station, in Poking na Accountant to the troops leaving Nanking, but so far these have not passed Klu- Legation and again at Tientsin.

khung.

kin made that submission in the light that it would not be incum- bent upon Mr. Jenkin to show that the Provisional Liquidator would have paid, to which counsel

assented.

No, Break.

and

Acrial mail, passenger freight services are essential to the

First Shanghai Post.

Hard Worker.

:

NEW SLOOPS FOR CHINA STATION,

DUE HERE EARLY IN JUNE.

The two new loops, H.M.S. H.M.S. Bridge- to relieve the Sandwich and Foxglove and the Bluebell on the water, which are

China Station, 'are due to leave England for Hongkong on April 8. They will reach here on Jund

4.

These appliances arrived at 3.10, Mr. Brooks stated. They were No. 12 motor pump and the No. 9

lader.

As the work

The No. 1 fire-float, explained Mr. Brooks, was also kept under steam day and night, and it need- ed but a few seconds for it to get under way from the time of the receipt of the call.

It was also found necessary to use the smaller fire-float, No. 3, which arrived at 8.58 a.m. and took a position alongside the other float next to the Star Ferry Wharf,

No Delay.

Concerning No. 3 float, it was explained by Mr. Brooks that as a matter of procedure it got up team only after the larger emer- geney float had left. There was no question of any avoidable de- lay in the dispatch of the second

A message from Nanking, dated turntable In March 1906, he first came business of the Colony. They are to Shanghal as Shipping Vice- yesterday, states that four trans-became more and more urgent, an therefore worthy of the serious at-Consul, but In September of the ports full of troops salled up river order was sent through to the tention of the big business housea same year he became the British during the past twenty-four hours, largest of the fire-floats, the No. 1 and shipping companies in the Mixed Court Assessor and held whilst about a dozen transports fire-float for it to be brought into

use from the sca-wall." Colony. In another way the Fly-that post for three years, when were still anchored at Nanking,

made Vice-Consul In ing Club is of Importance to the he was Colony. I have outlined these rea-Shanghai, sona suficiently in the past to make In 1910 Mr. Barton, as he then to go inta them was, went Ilome on leave and was it unnecessary here; if they are not well known called to the Bar at the Middle they should be. Singapore started Temple. Returning to China, he Flying Club about a year ago with wis sent to Peking, and there re- two machines; they have over 100 His Lordship asked if Mr. Jen-members, and they have recently mained, first as acting, then ng obtained two more machines, makubstantive Chinese Secretary for 12 years. In March 1922, follow- the four in all.

There are 26 Flying Clubs in Eng-ing the death of the late Sir land, all doing well, with several Everard Fraser, he was promoted thousand members, many of whom Consul-General in Shanghai. own their own machines. As a part of the Empire it is the duty of

Shanghai has been no hed of Hongkong to establish a Flying

A Bories of civil wars, a Club together with aerial mail, pasroses. senger and freight services. Can-kaleidencopte succession of con-

The Foxglove and Bluebell will structive criticism is always help testing authorities and the terrible leave the station towards the end ful. I invite those who hold the months succeeding "May 30" huve of March and the four sloops opinion that because Hongkong has meant for Sir Sidney, Barton' an will meet at Aden on May 1. The never had a Flying Club or Aerial almost unrelieved

Foxglove and Bluebell will reach Service the two proposals are doom-through it all he has borne him- England on June S.

self with cheerfulness and equani- ed to failure, to give their reasona.

H.M.S. Kent, flying the flag of You draw attention to the Avians mity.

the Commander-in-Chief, will sait recently supplied to the Canton Sir Sidney has always been for Shanghai to-day. It is expect Aviation Bureau, and you say that terrific worker. He had a breaked that she will stay in Shanghai the Canton authoritics have not from his duties when in 19260 he for about ten days and then re- fully disclosed their intentions. The visited Hongkong, but it was turn to Hongkong. Avinns are going to be used for the scarcely a holiday. He is popu H.M. ships Bruce, Seraph and Training School at Tai Sha Tau, where there are over 100 Cadets arly supposed to spend his spare Somme sailed for Amoy this pier, was able

time in mastering Blue Books. morning, while the Sterling and undergoing flying training. The Canton Aviation Bureau, under the But he lu always a popular figure Stormcloud left for Swato. Direction of General Cheung Wai-in society. He also plays golf and jung, have prepared plans for a helped to inaugurate the new ed to-day are the arrival of the number of aerial mail and passen- course at Seekingjao. ger services. These plans are not just on paper", experimental flights have been carried out over the proposed routes. All that is necessary to bring these aerial services into existence is to obtain The aircraft.

Counsel proceeded to deal with other points as laid down in the authorities from which he argued that Insolvency vor bankruptcy were not breaches of contract as it was not impossible for the trustee to still perform a contract. The fact that the bank suspended payment, said Mr. Jenkin, was no proof at all that they would not have carried out the cuntruei,

Mr. Jenkin then spoke with re- gard to what either or both parties should do in the event of a con- tract being regarded as broken or repudiated. They had to show their intention either in express words or in some aet which was binding upon them, capable of clear establishment by proof of which there could be no doubt. If nothing was done by either side for an inordinate length of time then there was a right to infer that both parties treated the contract as being at an end.

His Lordship asked whether the defendant had done everything necessary. The defendant had and

atrain. But

HONGKONG FIRE INSURANCE CO.

that acrial services are of vital fan-

Canton have definitely decided DIVIDEND OF $49 PER SHARE portance to their businem, the nexi

We are officially informed that

Other naval movements report Magnolla at Chefoo from Walhal- wel and the Cornflower at Weihai- wel from Chefoo.

II.M.S. Concord, which made a trooping trip to China, arrived at Portsmouth from Hongkong on March 10.

The transport Somersetshire, which has been held up at Singa pore for repalra, is expected to

step in the Colony is for Hongkong the General Managers and Con-sall for Hongkong on March 14, to decide if nerfal service are necen sulting Committen of the Hong-

held on 26th instant, the payment!

in evidence, that he enquired about

Co., Ltd., the matter and was told that the Mary to British trade in China. kong Fire Insurance contract could not be carried out. When this has been done we may will recommend at the forthcom- a decision which he accepted. Mr.be in a position to take another steping meeting of shareholders, to be Jenkin now said that defendant forward and "get into the air." ought to have written to the bank manager to the effect that as he was unable to carry out the con- tract he (defendant) accepted the renunciation.

MAJOR SEGRAVE'S TRIUMPH.

· (Continued from Page'1.)

Mr. Jenkin said a mental con- clusion was not sufficient. There must be some communication or act for renunciation. A party should declare his acceptance of renunciation at the earliest pos- train of. spur gears, there being two propellor-shafts driving two sible moment."

crown wheels. The shafts

BTC

He added that when defendant enclosed in very large tubes. interviewed the compradore, he Other interesting detalls are the concluded in his mind that the independent control of each front| contract was at an end, but that wheel and the special marles was not enough.

steering gear. The compression

The case is proceeding.

THE KING GOES OUT OF DOORS.

FIRST TIME FOR FOUR MONTHS.

of

of the engine is no less than 12 to 1, which means the use special fuel. It is cooled by a special type of aeroplane radiator, running on each side of the car, the full length between the wheels, and, in addition, a device called the Eutectic cooler is installed for emergency use. This is, briefly, a tank containing a freezing chemi- cal, past which the water can be circulated if necessary.

pre-

London, Mar. 11. For the first time for four

Water Speed Record Now? months, JI.M. the King was out of doors to-day. The weather was

Major Segrave will now brilliantly fine, and this morning advantage was taken of the warm Pare for his attempt on the world's sunshine and the absence of wind record speed on water, which at the credit of to wheel His Majesty in a bath present stands to

America with 92.83 m.ph. chair round the grounds of Craig- The challenger is an entirely

new departure in, boat construe His Majesty was out for anlon, having a specially designed hour and wan accompanied by and strengthened hull of great! H.M. the Queen, with Sir Stanley lightness and breadth to eliminate Hewett, his physician, in atten- the risk of turning over, due to the dance.

excessive torque from the trans-

well House, Bognor.

It was stated this evening that mission of 900 H.P. from a single the King had passed a good day,-propeller, British Wireless.

The propellor itself will run at an under-water speed of 6,550 тẹ. volutions per minute- speed hitherto believed impossible and only realised as a result of ex- tensive experimental work carried out over a period of some months.

Who Foots the BUI? A site 25 pair of shoes has been made for a 10-year-old schoolboy at Alton, Missouri, who is 6ft 10in. high and weighs 17at. 121b. Five square feet of leather were used In manufacturing the shoes,

The length is 27. ft. 0 in., the breadth 7 ft. 6 in, and the total weight 29 cut

out of the profits for the year 1927

"FINE TO CLOUDY."

float.

From these two flonts three

4-inch deliveries were led through Ice House Street and dlaposed at the effective points bearing on seat of the fire.

The naval authorities also as- sisted with a tug which, moored on the other side of the Star Ferry to get two small lines into use,

In the meantime, what is known as the "Brigade Call," which was sent through only on occasions of great emergency when every ap pliance and man of the Brigade were needed, was received at the various stations, and the two ap- pliances belonging to the Wanchai and Kennedy Town Sub Stations were rushed to the scene, the first arriving at 3.32 and the other at 3.36,,nccording to the official log.

Plenty of Pressure.

Positions for the effective use of these hoses were taken up on the verandaha of Prince's Building and nerosa. Ice. House Street

the also from

corner ol A nearer Queen's Building. The anticyclone has weakened

point was gained by opera of a dividend of $43.00 per share, and is now central over the Lower ting the lines from the Savoy Ilotel,

pass Yangtze Valley. Moderate mon- absorbing $344,000.00; to

the topmost storey of which had be £25,000 to credit of Sterling Re-soon will prevail along the S.E.

come involved. In all, five motor- serve, $100,000 to credit of Silver coast of China and fresh monsoon

pumps were working and Mr. Reserve and £4,758-18-10 to credit over the China Sea. The Obser- Brooks emphasised that there was: of Reinsurance Fund; carrying vatory forecast till noon to-morrow! forward 1875,320.19 in respect of 18:N.E. winde, moderate; fine to enough water pressure from the the year 1928.

Clar

ĐIMA BY MIRA SERVICE MIG

cloudy.

MEAT

HOME ST

RESTAURAN

401

"As for me, I never cared much for home poskin'

very start.

Mr. Brooks commented on cer- tain constructional features of the building, pointing out that, de- prived of their principal means of escape by the early destruction of the staircase and the passages leading into it from the rooms, many of the inmates were trapped in their rooms and forced to look for escape to the verandahe,

The Fire Escapes.,

The fact, continued Mr. Brooks, that the rescue ladders fell short of the uppermost storeys and fail-. ed to reach those who were of these verandahs was not to be taken as an assumption that the Brigade was deficient in ite.de- vices for Baving life. The escapes used were the same as those of up-to-date Brigades elsewhere, with a length standardised at 50 feet. Used against a building of the height of the King Edward Hotel, they reached the level only of the second storey, but, short as they appeared to be, they were the means of rescuing no fewer than seven persons in the fire,

1

In addition, the Brigade possessed the No. 9 turntable ladder mention- ed above, which, being 80 feet long, had a higher reach than the escapes. Yet it could not reach higher than the lovel of the third floor when brought into use. Again, this turn. table ladder was the means of sav. ing three other persons, one of them being a Chinese who was taken off from a precarious perch, clinging to a ploco of masonry over the en- trance.

Where escapes and turntable were of no avall in the endeavour to take of people trapped in the topmost storeys, they were urged to jump into the Jumping sheets that were (Continued on Page 8.)

POWELLS

10, Ice House Street.

A NEW LINE

IN

MOTOR COATS

just unpacked...

$25.00 each.

Less 10% Discount for Cash.

Made in two nice Shades of Brown Leather Cloth that will not crack or creass, They are wind proof as well as Exisproof,

Open Until 6 p.m.

Nothing but Footwear.

Gordon's

Fine Footwear for Ladies.

Made by people who are proud of what they make, for people who are parti- cular what they buy.

GORDON'S

Room 7.

2nd Floor.

KAYAMALLY BUILDINGS.

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