1930-02-27 — Page 1

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$36 FER ANNUM

NO 23,025 #ZANT THURSDAY, FEBRUARY 27, 1930. LE SINGLE COPY 10 GENTS:

CHATER WILL CASE RETURN OF BOXER

APPEAL.

INTEREST ON LEGACY. AT ISSUE.

MR. BAGRAM'S POSITION

ARGUED.

CLAIM OF A CHURCH.

A Full Court, comprising the Chief Justice, Sir Henry Gollan, Sir Peter Grain of the British Supreme Court in Shanghai, and the Puisne Judge, Mr. Justice Wood, sat this morning at the Supreme Court in connexion with further legal proceedings connected with the will of the late Sir Paul Chater..

The parties in the action are the Official Trustee of Bengal (defendant-appellant); the Hon. Mr. W. E. L. Shenton (plaintiff respondent), and Messrs. J. T. Bagram and Ebraham Sadick (de- fendantx-respondents).

Mr. Eldon Potter, K.C., and Mr. H. G. Sheldon appear for the Official Trustee of Bengal, Mr. C. G. Alabaster, K.C.. for Mr. Shen- ton and Mr. F. C. Jenkin for Mr. Bagram. Mr. Jenkin intimated that in the present action Mr. Sadick is

not concerned.

Ground of Appeal.

The appeal is against a judg ment given by the Chief Justice on March 28, 1929, in which it was laid down that Mr. Bagram was entitled to interest as to his legacy from the date of the death of the testator, that he was entitled to

be paid interest on his legacy at the rate of 8 per cent. per annum If the income of the estate was sufficient, and that the defendant should receive payment at the rate of seven per cent. or at a lesser rate as the income of the estate allowed to be paid.

Mr. Potter said his submission was that the point dealt with by the Chief Justice, had already been decided by the Court of Appeal,

History of Action.

Detailing the history of the action, Mr. Potter said that on

February 14, 1927, an originating summons was taken out by Mr. Shenton, the executor, and this was heard by Mr. Justice Wood who was acting Chief Justice at that time. The questions raised includ- ed the appropriation of funds, and the setting aside of trust funds.

Judgment was given on July 21, 1927, laying it down that the in come payable as interest was at the rate of eight per cent, per an- num, calculated from the me of the death of Sir Paul Chater.' The judgment was submitted to the Full Court of Appeal which re- versed it, on the ground that the question of interest did not arise and that in any event it was governed by Clause 7 of the will.

INDEMNITY.

ANGLO-CHINESE AGREEMENT NOW DRAFTED.

OTHER CHINESE ISSUES

London, Feb. 26. Interesting statements in regard to Chinese affairs, including the question of the Boxer Indemnity Fund, were made in the House of Commons to-day by Mr. Arthur Henderson, the Foreign Secretary.

Mr. Henderson stated that the

Government is in negotiation with the Chinese Government for the

SCOTT'S BID FOR WORLD TITLE.

JACK SHARKEY A HOT FAVOURITE.

BRITISH BOXER MAY WIN' AFTER 7 ROUNDS,

FIGHTING TO-NIGHT,

return of the accumulated and future instalments of the Boxer Indemnity to the Chinese Govern ment, on terms in harmony with the report of the Advisory Com-o'clock to-morrow evening as mittee set up in 1925.

the first Englishman to obtain a fight for the world's champion- ship since it was held by Bob Fitzsimmons in 1902.

SHANGHAI

LIVELY

ELECTION.

MEN OBJECT TO MISS SMITH'S NOMINATION.

cil.

VIGOROUS REPLY TO CHAMBER.

DUNLOP

British and Best

CHIANG KAI-SHEK'S AN AIR SERVICE TO COLONIAL OFFICE

LAST WORD

GOVERNMENT TAKING DRASTIC STEPS.

WAR EXPECTED BEFORE THE END OF WEEK.

SHANSI'S

AUSTRALIA

OBSTACLES AT PRESENT IN THE WAY..

COMMONS QUESTIONS.

London, Feb. 26.

CONFERENCE.

HONGKONG DELEGATE TO BE SENT

AWAITING ARRIVAL OF SIR WILLIAM PEEL.

CHALLENGE.rala was expected and whether UNOFFICIALS LATER.

In the House of Commons `to-day, WOMEN NEGLECTED.

Commander Kenworthy asked when the establishment of an air mall service between England and Aus- (Our Own Correspondent).

arrangements had been made with Miami, Feb. 26.

the Dutch Government, for the use Shanghai, Feb. 27.

Nanking, Feb. 26.

by the British · machines of the In view of the undoubted) Under waving palms and be- Feminine circles are manifesting

In spite of Yen Hsi-shan's landing-grounds, aerodromes and success of the First Colonial. fore the most opulent crowd keen interest in the nomination of apparent peace gesture, war facilities for flying-boats in the America can produce, Phil Miss Viola Smith, the Assistant between Nanking and Shansi is Dutch East Indies.

Office Conference, held in May, Scott, the British heavyweight. S. Trade Commissioner, for the expected to be declared before Mr. F. Montague, the Under-1927, Baron Passfield, the champion, enters the ring at ten vacant seat on the Municipal Coun- the end of this week. Marshal Secretary for Air, replied that he Secretary of State for the

Chiang Kai-shek to-day des- could not give a definite date for Miss Smith was nominated by the patched a telegram to Marshal the commencement of the England Colonies, has decided to summon various Women's Clubs in Shang-Yen stating, that "this is posi-to the second part of the question

Australla service, and the answer a second conference with hai and the contest promises atively the last communication was in the negativa.

similar objects and constituted not anticipate any trouble in this

The Government, be added, did on similar lines. The Con- matter in the negotiations with ference will meet on June 23rd Holland, especially in view of the next, and will sit for about three ed facilities by us in Singapore.. fact that the Dutch had been grant-weeks.

Commander, Kenworthy declared

course of preparation and will be grant of facilities in view of pos- Reuter- issued in one or two days.--sible reprisals.

A draft agreement had, said Mr. Henderson, been reached between the British Minister (Sir Miles Lampson) and the Chinese For- sign Minister (Dr. C. T. Wang for the consideration of both Gov-ten

crnments.

Mr. Henderson added that he draft agreement.

Scott is trained to the last minute and weighs fourteen stone,

pounds.

the fiercest fighters ever produced Sharkey, his opponent, one of

79

very lively pali,

between the Government and The American Chamber of Com-Shansi inasmuch as the National merce is planning a straw vote for Government will shortly take the purpose of selecting two from drastic measures.' the four Muncipal candidates. The to be split with the ultimate result the drafting of a punitive mandate Americans feel their vote is likely be critical. It is understood that The situation is considered to

leaving the field clear for the Bri- tish and the Japanese candidates..

was now awaiting the text of this by the United States, turns the that no American will be elected against Yen Hs-shan is in the that there was hesitation about the quiries of the Hongkong Govern- ·

British

scales at 14 st. 7 lbs.

Sharkey's loud-voiced ferocity has made him a 5/1 favourite.

Replying to questions, Mr. Hen- derson stated that so far as he was aware, there was no default, in the payment of interest on the De- Booking Disappointing. hentures of the former Concession in Hankow, except in has been disannointing and it is The booking up to the present feared that the receipts will fall far short of the anticipated £80,000.

respect of the interest for the first half of 1927, which was paid in deprecinted notes of the Hankow Central Bank,

Answering another question, ed no communication from British Mr. Henderson said he had receive missionary societies in regard to British Wireless. extrality in China.-Reuter and

-BIG FIRE OCCURS IN. CANTON,

FEARS FOR TELEPHONE EXCHANGE.

Canton, Feb, 26. A large fire ecurred here yes terday, shortly after mid-day, com ings situated next to the new auto- matic telephone exchange,

There have been some sharp

Scott's manager, fearing that the words over the appointment of a referee. Mr. Johnson, Phil great volume of betting based on Scott's being knocked out in a specific round might influence the stopping of the fight premature- ly in favour of Sharkey, has been very outspoken on the point of who

should be the referee.

The Referee.

The appointment of Mr. Lou Magnolia has given general satis- faction, however. Mr. Magnolia has! a great reputation for integrity,

expected Sentt will win if he is still erect at

It is generally the end of the seventh round. The

that

Miss Virginia Cowper, the pro- prietress of the American Book- shop, in the course of a vigorous

Large Scale Campaign. vote will not be representative of statement, points out that a straw

Meanwhile extensive movements the American community.

of troops are taking place in The women of Shanghai, ahe North China and in spite of his adds, have been seeking an op- protestations of pacific intentions, portunity for two years to nominate Yen Hsi-shun is fully preparing a candidate and this time have for a large scale campaign. succeeded owing to a Municipal

vacancy,

An allegation that the nomination has caused political confusion is denied.

Shansi forces are moving slowly down the Peking-Hankow Railway and the Tientsin-Pukow Railways. The Nationalist forces are these lines. solidating their positions along

con-

The attitude of the women is that the purpose of the nomination of Miss Smith was solely to represent Kuo Chu-tung have been instruct. General Liu Chi and General certain viewpoints to the Counciled to base themselves upon Taao- which in the past have been neglect, chow

Kveiteh. Marshal Chiang Kai-shek is holding military conferences daily.

ed.

BITTEN BY DOGS.

CHINESE WOMAN BADLY MAULED.

and

Not So Harmless.

Mr. Montague said that there was good deal of misapprehension in this connexion. It was a matter ernment of India, who had hesitated within the jurisdiction of the Gov- to grant facilities to British as well

The Telegraph has made en-

ment regarding Hongkong's re presentation at the Conference, and it is understood that prominent official will probably bo deputed to attend the conference.

Hongkong's Position.

as Dutch until meteorological, wire-legate is not known; in fact, it

The name of the Hongkong de less and ground organisation was will be left to 'Sir William Peel, complete for long flights. Reuter the Colony's new Governor, to decide: Sir William Peel is due to arrive in the Colony early in May..

NEW GUNBOATS FOR CANTON.

ORDER PLACED WITH THE TAIKOO DOCK-

Two

Canton, Feb. 26.

An important suggestion has been put forward that unofficial representation of the Colonies at the Conference would be de- sirable and it was announced -in the House of Commons yesterday that the point would

more gunboats will be be considered and decision ordered for the Kwangtung Pro-reached at the coming Conference. vincial Fleet, 4th Naval Squadron,

by Admiral Chan Chak from the

Unofficial Representation.

It is stated that Marshal Yen Taikoo Dockyard and Engineering

This means, of course, that Hsi-shan's telegram on the 23rd. Company of Hongkong.

Unofficial Members of Legislative is not the harmless-sounding docu-Admiral Chan Chak's programme opportunity of stating their views further step in Councils might be afforded an ment that it seems according to for modernising the 4th

This is a

Naval

pletely destroying a block of build-opinion is expressed that ence Scott bitten by dogs have been reported tion. From Chinese sources it is efficient fleet for service on the 'eut of the Colonies which they. Two instances of Chinese being the versions issued for publica- | Squadron in order to have a fully regarding the future and develop-

For some time, considerable an- xiety was felt for the exchange building, but prompt action on the part of the Fire Brigade confined the conflagration to the block where it originated, though that bicek was completely burned out.

The damage is estimated in the neighbourhood of $40,000, most of which, it is understood, was covered with foreign insurance companies. -Our Own Correspondent.

DUTCH EAST INDIES TIN PRODUCTION.

PROPOSAL WHICH MEANS A REDUCTION.

time limit for an appeal to the tained Privy Council.

The Hague. Feb, 26.

represent: A favourable decision

mean that

is warmed up he is capable of out- to the police, in one case, a woman learned that the telegram, after Kwangtung coast and in the West might not, of course,

If therefore, he being injured on both legs and her drawing attention to the deplor- East and North rivers.

right arm and wrist.

boxing Sharkey. expected that he will pile up points lasts through the first seven, it is sufficient to win in the last eight.

Leung Wo, aged 31, of No. 3, able state of the country, and It will be remembered that the privilege would be extended Graham Street, is one of the vic-stating that armed conflict is not Admiral Chan Chas quite recently only to such unofficials. Other Big Contests.

tims. He was attacked by a dog necessary to settle the contro-ordered two gunboats from the Details of the Second Confer-. on the stairway of 162, Wellington versies between the militarists Kiangnan Dockyard and Engineer- ence, to be Held in June, are out- Tommy Loughran, the former Street. The dog is owned by and the Nanking Government, calls ing Company of Shanghai, and lined in a British Wireless mess. lightheavyweight champion, meets Chang Siu-sze, who resides at the for a Plenary Session of the besides these there are several sage received this morning. the Belgian boxer, Pierre Charles, address given.

Kuomintang Party..

others which have only recent. and Risko meets Argentinian, in the same

Campolo, the The other instance is that of a The main point, however, is that is been completed in Hongong

tourn-Wong Ng, a married woman, living. Yen Hsi-chan has invited the Our Own Correspondent, ment-Reuters American Service, in an unnumbered hut at Shauki-delegates attending the First, It is rather curious that Jack wan, who was bitten on both legs. Second and Third Plenary Sessions Hare, the Globe-trotter,

her right arm and wrist, by three to organise themselves for another boxer of former days, and still dogs, who attacked her whilst she Plenary Session to be held under closely connected with profession, was conversing with their owner, the chairmanship of Yen Hsi-shan passing through Hongkong a few Lai Yin, a widow, who lives near in Peking days ago, stressed the importance of the appointment of the right re- feree for the Scott-Sharkey fight.

Jack llare's Views.

a noted

was

by.

Both victims received treatment at the Government Civil Hospital, but were not detained.

COTTON AND WHEAT PRICES.

TEMPORARILY.

It is suggested that differences the Assembly. should be settled by the vote of

tion."

Government Challenged,

GIFT TO CZECH PRESIDENT.

TO MARK EIGHTTETH

BIRTHDAY.

It states that the Conference will be attended by one represen-, tative each from as many of the colonies, protectorates and man- dated territories us is practicable. It is hoped that in a large num- ber of cases, the Governor will be able to act as the representative of his territory, while in the others, some senior official of the terri- tory will be deputed.

ť

Conference Task

Prague, Feb. 26.

The work of the Conference will The existence of the National

To mark the 80th birthday of

fall under three main headings.. Government is for all practical

President Masaryk, which occurs

colonial namely,

development, purposes ignored in this invita on March 7th, Parliament has under which is included the very voted him a personal gift of over important question of the working

tration of scientific and technical The Government, therefore, re-

£120.000.

and application of the Colonial President Masaryk was the son Development Fund, the adminis the authority of the Nanking an employee of a Vienna Government, hence the finality of smith. He is the first President colonial administration in general. schemes, and the problems of Chiang Kai-shek's latest telegram of the Republic Reuter. to Yen Hai-shan,

Mr. Potter pointed out that there had been no appeal to the Privy Council and that the time for an

Jack Hare has only recently left appeal had long since passed The Board of the Billiton Tin the United States and he was in unless the Privy Council granted Mines has issued a statement say-close touch with Phil Scott's camp special leave. The Court nowing that although the Dutch East while he was there. He said, in sitting had no power to extend the Indies tin producers have main-conversation with a Telegraph re- EXCHANGES MAY BE CLOSED gards it as a direct challenge to of a coachman and started life as

a fairly stabilised presentative, that Sharkey rate of production during the strongly favoured to beat Scott, last few years, the Company is and it was regarded as a certainty Chambers Decision.

disposed, in the general interest. if special attention was not given Continuing, Mr. Potter said that to fix production for the next work- to the provision of a absolutely on February 7, 1929, an application ing year on the basis of the mean dependable referee. was made in Chambers, under production in the last three years, berty to apply given by His Lord-

This will mean a fairly aub- ship the Chief Justice in his stantial reduction compared with judgment. Under that the parties last year-Reuter,

had liberty to apply if they were

unable to agree on the question of

Clause 7 of the will.

Mr. Potter submitted

that the

judgment now appealed against. re-

instated that judgment of Mr.

MILLIONAIRE-MAN.

Justice Wood and contended that MR. VAN LEAR BLACK FLYING

the previous judgment conflicted

with that of the Court of Appeal.

He further contended that the Chief

per cent.

TO FAR EAST.

Jerusalem, Feb. 26.

and newspaper

Washington, Feb. 26. The Senate has passed a reso lution calling on the Secretary of Agriculture to submit recommen- As to the respective merits of dations regarding the price of cot the men, Jack Hare thought that ton and wheat Scott was so much improved that

The Peking vernacular papers state that severe fighting de veloped yesterday morning be- tween Government troops and Shik Yu-san's forces at Tangshan, Reu.westward of Hsuchow, and was

still raging this morning.

The recommendations may even he could beat Sharkey easily if he go to the extent of the temporary could hold him off in rounds. Sharkey is a fierce fighter ter's American Service.

the early closing of the exchanges, who goes all out for a knock-out from the beginning.

Dempsey's Tribute. Dempsey, who fought Sharkey before he fought Tunney, is of the opinion that Sharkey is the more difficult of the two to beat. He explains his defeat at the hands of Tunney-by saying that he was not

SILVER IMPORTS.

-NÄNKING TO MAKE NO EMBARGO.

Shansi Plans.

lock-

THE S.S. NINGCHOW.

Replying to questions in the House of Commons yesterday, Dr. Shiela, Under Secretary for the Coloníes, said the Conference will consider the question of unofficial - representation at any future. RESERVE BUNKER AFIRE

Colonial Conference... * OFF AUSTRALIA,

Answering a question regarding the colonial development schemes, Melbourne, Feb. 26. Dr. Shiels said that a preliminary The China Mutual Navigation application for assistance from the According to Japanese sources, Shansi military preparations have Company's steamer Ningchow, Colonial Develonment Fund had been completed it has been laden with wool and a general cargo, been made by the High Commis arranged that the Kuominchun but carrying no passengers, bound. sioner for Transport for Kenya forces along the Peking-Hankow for England, is afire in the vicinity and Uganda, in connexion with a Railway shall move down from of Cape Naturaliste, Western proposal to extend the Kenya- * Uganda Railway westwards to the Honan to attack Hankow and Australia. Wuchang.

A tug from Fremantle, equip Uganda-Congo border. All Shansi troops along the ped with fire-fighting apparatus, Arrangements would be made, Lung-Hai Rallway will consen has gone to assist her

in the usual way, to ensure that trate at Chengchow and it is anti-i

message from Perth the plant, machinery and materials cipated that the Shansi troops will states that the Ningchow is pro imported into East Africa in con find it as an easy task to account ceeding to Bunbury. Her reserve nexion with any such projects

would, save in exceptional circum-. for the Nationalists along this bunker is afire.—Neuter, The Royal Observatory reports Line.

stances, he of British manufacture that the depression

and origin. "appears. Fifty-one Kuomintang Commis-

Justice had over-ruled the judg Mr. Van Lear Black, the million-

Nanking, Feb. 27. ment of the Full Court and had or- aire airman

The Finance Minister, Mr. T. V. dered interest at the rate of eight magnate, is now engaged on a flight

to the Far East. He arrived at properly trained for his first fight, Soong has issued a statement to Gaza to-day and is leaving for treating his opponent too lightly, the effect that the Government has Baghdad on Friday-Router.

and that in the second, Tunney's decided not to impose an import added confidence, coupled with the duty or any other restriction on incident in the seventh round when silver-Reuter, Tunney is alleged to have been down for longer than a count of ten, made all the difference."

NEW APPOINTMENTS.

..

A later

Case Already Decided. Mr.. Potter submitted that the case had already been decided by the Full Court which had said that Mr. Bagram was entitled to what Clause 7 of the will gave

Nanking, Feb. 27... him.

The Central Political Council has

Hare thinks it extremely difficult to be filling up over S.E. Japan. sioners of the First, Second, and NEW SUGAR EXCHANGE. In regard to Nigeria, no seri Dealing with the merits of the appointed General Ho Ying-ching for an Englishman to win in Ameri-Pressure is high over North China Third Kuomintang Plenary Ses

vices had yet been arranged to: judgment, he also submitted that as Minister of War, General Ma Fu- ca. Scott is popular among a large and Manchuria. A depression is sions are reported to have cabled

necessitate assistance from the it should be reversed on other hsaing as Chairman of the Anbul section of the public, however, and shown over Indo-China. Coastal to Marshal Yen Halshan consent-

London, Feb. 26.

Colonial Development Fundas. grounds, The judgment had Provincial Government, and Mr. with a good referee, he will get fair fog. The local forecast till noon ing to participate in a Peking A new Sugar Exchange was offi- that colony had just floated a new stated that Mr. Davidson, who Ko Chin-gen as Mayor of Tsingtao. treatest winkerly should win, to-morrow is: S.D, winds, mo- Conference to settle outstanding cially opened at Liverpool to-day by loan to be devoted to works of

(Continued on Peja 7)

Reuter.

but he must win early.

derate; cloudy; some rain.

disputes.

the Lord-Mayor.British Wireless, public utility,