LANGUAGE OF OUR JUDGES.
THE HONGKONG TELEGRAPH.
Lord Macnaughten concluded him is called in the report "The Negro ¡ status the decision in Sommer
WEDNESDAY, JANUARY 7, 1931.
JAPANESE ECONOMIC MONTHLY REPORT ON
PROSPECTS.
FINANCE MINISTER GIVES OPTIMISTIC FORECAST.
Tokyo, Jan. 6.
LOCAL RADIO.
HOW PROGRAMMES HAVE BEEN ALLOTTED.
for the appellant to have distin-was for the release from detention think was an opportunity for Ing, which was the first held in the Committee showa that the actual
are
The monthly report for Decem- Broadcasting At this morning's Cabinet meat-bor of the Hongkong New Year, the Finance Minister is ours of transmission totalled 280, devoted to understood to have expressed an of which 165 were optimistic view regarding the pros-European programmes and 116 to pects of economic recovery in the Chinese. These were made up in not distant future.
the following manner: European. Market conditions all over the Morning transmissions includ- commercial news and Church Ing country are stated to be markedly relays, 621 hours: Chinese, 43% brisker over the year-end hours. Evening transmissions, Various textile centres have in- creased their output about twenty per cent.
delivered in by lawyers in the 18th There was not very much direct century.
authority in point and it was in- "The year is 1771. The Court is timated that at the time there were the Court of King's Beach pro-In England from 14 to 15,000 (Continued from Page 10.)-sided over by Chlef Justice Mans-negroes who were, at all events in feld. The case under discussion our colonies, slaves, and whose England would be deter- Саас." 20 State Trials, pagė 1. mined by judgment by saying:
case. Here, we might The application before the Court sett's
"the "It would have been impossible
most abstruse guished his ales from those of the of n slave called James Sommersett display of the
in the dis-who had been brought into Eng-forensic argument, concluded plaintiffs. Any attempt to singulah the two, even if it were land by his master from Virginia most elaborate legal technicnilty to meart, would have been (then subject to the British Crown), decide a matter of the very gravest tille. Thirsty folks want į
ant The slave had refused to carry out concern, but in the end long is the beer, not explanations. If they the commands of his master and arguments of counsel had been, the get what they want, or something the latter had determined to send judgment of the Court was singu
Jamaica, to be sold. lat, concise and emphatic. like it, and get it under the old him abroad,
The judgment Involvea only one name the name with which they le had, with this purpose in view,
special and peculiar famlilar-they are likely to be committed him to the custody of the world with a
Ann indifferent to the master of a ship called the
legal significance. It is the word In the character and
The return to a writ. of of the and Mary, then lying
roturn brewer, and the eights of Thames
habeas corpus is simply a statement rival traders. Consequently the ap Sommersett, who seems to have of the reasons why the prisoner is, pellant was not able to evade the been well advised in the matter, detained by the person in whose "Injunction which the plaintiffs took out a writ of habeas corpus, custody he is. In other words the had secured against him," "and had that is a measure to ask for his re-return here means the case against
other lease if the Court found he was the slave. call his beer, by nome
legally detained.
Lord Mansfied said: "The only question before us is, whether the at the Bar. The law of villenage chuse of the return is sufficient? If Mr. Macnamara then spoke of was discussed. That was the old it is the negro must be remanded;
Tokyo, Jan. 6. 160 years ago, and gave an illustra-common law of slavery, as it exist-if it is not he must be discharged.
The depression which is hitting tion of how important legal mattered in England, long absolete, but. Accordingly, the return states, that Japan the same as other countries, were dealt with at that time, and when it existed, falling far short the slave departed and refused to a clearly reflected in official re From Wednesday, December 24, the sort of English judgments were of what we usually mean by slavery serve: whereupon he was kept, to turns of foreign trade for the past to December 31st, Inclusive, the be sold abroad. So high an act of your, which have just been releas-hours of transmission were extend- dominion must be
ed every evening, and notice recognized by cd. the law of the country where it is Exports show 1,469 million yen given that as from December 9, the relays from the Ko Shing THE SWEDISH EAST ASIATIC. The power of a manter over and imports 1,546 million, an
his slave han been extremely dil-adverse balance of 76 million yen 11.30 p.m.
Theatre have been extended to On December 26 and
to name.
The 18th Century.
..
There was a very long argument
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14th Apr. SPHINX......... 28th Apr.
To YOKOHAMA vía Shanghai
& Fobe
20th Jan.
PORTHOS. CHENONCEAUX... 3rd Fob. ATHOS II.... 17th Feb. D'ANTAGNAN 3rd Mar. ANGERS 17th Mar. SPHINX...................
30th Mari G. METZINGER... 19th Apr. ANDRE LEBON... 27th Apr.
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The Finance Minister la quoted as intimating that little concern was felt regarding the outflow of gold specie, giving an assurance that the present depression would Government to not cause the deflect, from its course.-Reuter.
The Other Side.
ferent. Ja different countries, compared with the previous year's The state of slavery
exports of 2,148 million and im- of such
ports 2,216 million.
that nature.
pre-
is incapable of being introduces on
The figures show the amallest any reasons, moral or political, but
Aggregate value since 1917. except only by positive law, which
In the alump after the war, in the serves its furce long after the rea-
consola- Bons, occasion, and time itself from year 1921, though some which it was created Is erased from tion is derived from the fact that It is so ndinus, that noth the adverse balance in the smallest. memory. ing can be suffered to support it, except for the previous year, since but positive law. Whatever incons1919. Moreover, owing to the fall in prices, the actual volume of veniences therefore, may follow from the decision, 1 cannot say this foreign trade has not shrunk as case is allowed or approved by the much as the value appears to in- law of England: and therefore the dicate.--Router, black must be discharged.""
to re-
That short judgment is still on for our refusal authority cognize slavery. Is there any Kreater tribute to the clarity of Judicial English than that so im portant a judginment should be so simply stated in English which, after 160 years, may be followed without difficulty by persons of or- dinary intelligence and education
Worthy English.
judgments.
European 112 hours, and Chi- nese 71 hours. The monthly percentage figures were European 68,93, and Chinese 41.07.
During the month the following items were broadcast:-European Relays (10), Running Commen taries (2), European studio con- certs (5), Dance programmes (10), Chinese relays (B), Chinese studio concerta (7). Children's Pro- grammon-Europeans (6), Chinese (5), Lectures (7), Chinese lectures (2).
15
26, the evening programmes started at 4 p.m. Instead of the customary time of 5 p.m.
The number of leences issued during December wan 48.
OBITUARY.
SUDDEN DEATH OF POLICE COMMISSIONER,
London, Jan. 6. Vice-Admiral Sir Charles Royds, K.B.E the Deputy Commissioner of Metropolitan Police, had a Bud- den heart attack last night, while attending F rehearsal of the Charity Ball. He was removed to hospital, but death occurred he fore his arrival,
Sir Charles Royds had a 81c cessful career extending over the Royal thirty-five years in Navy, before being appointed five years ago bs. Assistant Commis- Bioner of Metropolitan Police.
The characteristics of Judicial English as shown by these examples are the qualities which have made the fame of great English writers, lucidity, care in the selection and tone arrangement of words, a worthy of the subject, an exposition worthy of the audience addressed, and above all the strictest attention to relevancy. My wish and hope is that the foregoing remarks may Giving next, by way of contrast,
serve to excite some interest in a quotation from a judgment by what is not usually supposed to be Judge Jeffreya, Mr. Magnamaan interesting subject. You will submitted that a few simple points not find all judgments Interesting could be deduced from a study but there are some which I am con- the judgments of leading judges:fident will amply repay slady Jellicoe's Flagship the Iron Duke.
In the first place the judgment
ment persons who are not lawyers but should be lucid. IL is to serve as a guide in future cases. Our judges are interested in the common are the oracles of the law, but their putes of everyday life and the way
in our courts."
07
dis.
Before the war he accompanied in 1914 was promoted to Captain's Captain Scott to the Antarctic, and
runk while Commander of Admiral
le continued to be associated with
judgments should not be oracular. in which they come to be decided modure of the Naval Depot at De-
in the sense of being "of doubtful
The acting Chief Justice (Mr. menning." Secondly the judgment
congratulated Mr. should be exhaustive. That is it Justice Wood) should exhaust the immediate sub- Macnamara on the lecture he had if any and said that ject under consideration. It is an delivered, advantage, of course, if it does not embers wished to delve into law also exhaust the reader. The judg-rases, on production of their mem ments of Lord Maenaghten for ex-ber's ticket they would be welcome and to read books in the library at the cumple display both the positive the negative virtue in a high de- Supreme Court,
The chairman announced that Krve. Lastly the judgment should
strictly relevant. This is the the next meeting would be held on converse of the rule that the judg- Tuesday, February 3, at 5.30 p.m. ment
should be exhaustive. Ir-at the Cathedral Hall, when Father relevant matter in a judgment we Byrne, S.J.. would lecture on "The call "obiter dicta. There is a Beauty in Words, and Effects of series of essays by a learned author Distortion;" also that the lecture under that title. However charm-for the March meeting would be ing they may be in that setting given by Mr. A. M. Bowes-Smith "obiter dicta" are out of place in on "War Books."
the Grand Fleet throughout the war, and afterwards was Com- vonport.-British Wireless.
[Sir Charles Royds was born in 1876.)
COUNT
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8,985 17th Jan.) Mles, L'don, Hull,
Rotterdam & Antworp 15,132 31st Jan. | Bombay, M'los & L'don
7,640 7th Feb. M'los, London, Hull, H'burg,
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Rotterdam & Antworp 10,980 28th Fob. | Marsoillos, & London Cuils Casa Blanca.
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110,000
3rd Feb.
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6.833
31st Jan Manila, Rabaul,
6,956
28th Feb.
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9,128 14th Mar. | S'hai, Moji, Kobe & Yoko | 16,586 | 27th Mar. | S'hai, Kobo & Yoko
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