1939-06-26 — Page 26

Monday.

Big

Air Battles

HONGKONG TELEGRAPH.

In

Manchuria: Japanese

Claim

133

June 26, 1939.

THIS PLAN OF the Foreign Concession In Tientsin is taken from Carl Crow's "Handbook for China", to whom the "Telegraph" expresses acknowledgments. The Japanese Concession in the 1st Special Administrativo. District was formerly the German Concession. Belgium formerly owned the 4th S.A.D., whilst Soviet Russia still claims the 3rd 5.A.D.

Victor SilvesTER & HIS BALLROOM ORCH. The Original & Still The Bost Recorde for Dancing in Strict Tempo-No Vocal,

ON.

PARLOPHONE RECORDS

F1426-Make Bellove.

Moon Love. F1408-Deep Purple.

Mexicali Rose, F1406 Palais Stroll.

Blackbird Ilop, F1418 Speakeasy.

Over The Waves. F1300 Veleta.

St. Bernard Waltz.

F1387-Jolly Brothers.

Baby's Sweetheart.

F1370-Sweetheart. (Filot.)

Wallz.

Q.B.

Q.8.

S.F.T.

Waltz,

Sequence Dance.

Waltz. Q.8.

S.FT.:

Sequence Dance.

Q.8. Walls.

clo..

Where Is Our Blue Bird of Melody Lane. F1372-Tears On My Pillow.

Park Parade,

F1357-Did You Go Down Lambeth Way.

I Shall Always Remember You Smiling.

etc..

eto..

TSANG FOOK PIANO COMPANY- Marina House, 19, Queen's Road C. Tel, 24648.

Planes Down

TOKYO, June 25. PRESS REPORTS claim that 133. Soviet planes have been brought down in fight- ing on the Manchukuo- Soviet border since June 20.

It is stated that a further 14 Soviet airlraft were challenged by Japanese scouting planes yesterday, and that three were brought down.

Yesterday's engagements were located near Lake Buirnor, where a big battle on June 22 is reported to have occupied- Reuter,

Russian Report

MOSCOW, June 25-The serious air and land fighting during the past month on the Outer Mongol and Man- chukuo border is described in a

communique, which traces the trouble to attacks by Japanese and Manchukuo troops on Outer Mongo frontier posts in the area south-east of Lake Buirnor, near the Khalkingol River on May 11.

The communique says that during the next few days, there were almost daily elashes, resulting in a number of casualties on both sides.

Three

more serious battles occurred | before the end of May after Japanese- Manchukuo troops had received re- Inforcements from Holfor.

In these engagements, the invaders suffered 100 killed and many wound- ed, while the defenders lost 40 killed and 70 wounded.

Here the communique refers to a

document seized, allegedly over the signature of General Kamatsubara, commander of the 23rd Japanese divi- sion at Haifar, advising his men that they must destroy, "with the assist ance", of troops in Outer Mongolia

the Khalkingol area.

Claims Conflict

FOURTH ROUTE

APA

PLAN OF THE FOREIGN CONCESSIONS

TIENTSIN

Bendy of Balf a si

ARMY ORDER FOR 10,000 GAS MASKS: COURT SEQUEL HONGKONG FIRM A Tasting Bee STOCK MARKET

BRINGS ACTION

war

was

ARISING out of a contract for the supply of materials to the Fourth Route Army, an appeal brought before the Full Court this morning against the decision of Mr. Justice R. E. Lindsell in connection with the striking out of part of a statement of defence.

By Television

REPORT

TELEVISION recently presented a Hongkong Stock Exchange-official Tasting Bee when a team of three summary issued Saturday says: men ate against a team of three The market was quiet and feature- women-all of them food experts and less.

nil of them blindfolded.

Marcel Boulestin, cookery authority, Boulestin was the title, and the sub- was master of

ceremonies. "Bee for title "Blind Man's Buffet."

Впуста

H.K. Bank $1,330 H.K. Wharves $106 Providents $4.65

Raubs $8.10

H. & S. Hotels 331⁄2

H.K. Lands 4% Debentures par

H.K. Tramways, $16.60

China Lights (old) $8.20

H.K. Electrics $55 Canton Ices $1 he-H.K.-Govt-4% loan 4%p.in, Dairy Farms (old) $21

Slelera

tinned and fresh food; continued. The teams were:

The buffet. was covered with all manner of foods, and as the blind- folded people taste they had to Appellant was Mr. Henri valous and therefore an abuse of the identify it," explained a television Krebs, trading as Maurice Augsprocers of the Court.

oMetal borg and Company, of Gloucester Continuing, Mr. D'Almada sald Building, and the Fourth Route Army, so far as the argument in red and white wine, and so on"

that the case for the Fourth Route were expected to distinguish Coming to the air battles, the comArmy were the respondents. munique asserts that Japanese aircraft

Chambers was concerned, was that mado a surprise attack on two field

the claim of Mr. Krebs could not be MEN: Edmund Dulac, illustrator The appeal arose out of an action pleaded aerodromes on May 28, and, "taking

20 act-off but should in fact and gourmet; Norman Davey, author brought against Mr. Krebs by the be taken out as an ordinary action of "Hungry Traveller in France": "off after some delay", Mongol-Soviet fighters shot down three of the raiders,

Fourth Route Army for $100,000. by way of claim for damages for P. Morton Shand, author of books on being money paid for 16,000 gas breach of contract. losing nine of their own aircraft.

food and wine. masks which were delivered but might seem at first sight that

Women: which were not accepted because there

Martin Hunt, actress was no need

bother with to

extensive they were

food knowledge. about appealing against the cordance with the samples.

order Dowager Lady Swaythling famed because, under normal circumstances, hostess. Elizabeth Craig, Journalist. In connection with this action, Mr. Krebs could well have brought Although the B.B.C. called this a Mr. Krebs fled a In another battle on June 24. be fence. The part which was rejected he was not in a position to do 50.

statement of de- a counter-claim, but unfortunately "Bee" they said they still do not know 60 planes on each side, the

exactly how the word "Bee" Japanese lost 25 machines and the by Mr. Justice Lindsell, and which The reason for this was because (derived. "All we know is that it has defenders two.

the appeal, the Fourth Route Army was of

a de-nothing to do with the two bees In The communique concludes by stated: "The plaintiffs (Fourth Route partment of the Republic of China. B.B.C." commented the official. stating that Soviet-Mongolian troops Army) before action were and still and this being so no Court would have occupied all points along the are indebted to

the defendant in the entertain any claim against a Manchukuo frontler, east of the sum of £42,000 (the equ

at Sovereign state. Khalkingol River-Reuter.

exchange

19. 2d. of Tokyo Viewpoint

$677,047.00) being price of goods TOKYO, June 28-Political quar- gained for and sold by the defendant

On June 22, 120 raiders made a new attack and were engaged by 95 de fending machines, resulting in 31

down and 12 defenders being brought|

tween

action directed

allegedly not in

formed the subject

ac-

ca Hongkong

No Romedy

Wis

According to Webster's Dictionary

the word Bee is of American origin. The definition given is: "A neigh- bourly gathering of people to engage in united effort originally as practical assistance. Jater for competitive sports!

Canton Ins; $290 Union Ins; $440

H.K. Fires $185

H. & S, Hotels $5.70 H.K. Lands $30

Yaumati Ferries $23.10 Dairy Farms (old) $214

Bales

H.K. Bank $1,335 Providents $4.70. Watsons $8

Ps,

Atoks $2244

Antamok 21 Bid Wedge 21 Demonstration 8% Mambulao Consolidated 9 Mine Operation 14 North Camarines 27 San Mauriclo 05 Syndicate Investment 040 United Parsenie 43

It is evidently hoped that the action Mr. Justice J. A. the Court should act in connection stipulated that the price of each shelt proposition had not been dealt wills.

+

The

Mr. II. C

Euch

course

the

of

by

been made the fore shipping and no demand

Swan Culbertson

I

Frits

Investment Bankers and Brokers

Members of New York Cotton Exchange

Chicago Board of Trade

Winnipeg Grain Exchange

Commodity Exchange, Inc., Now York

Canadian Commodity Exchango, Inc., Montreal, New York Coffee and Sugar Exchango

Manila Stock Exchango

Hongkong Sharobrokers Association -Shanghai Stock Exchange.

SHANGHAI, HONGKONG, MANILA AND SINGAPORE Cable Address: Swanstock

The

Hongkong Telegraph

NINTH ANNUAL

AMATEUR PHOTOGRAPHIC COMPETITION

June-September, 1939

$250

CASH

PRIZES

$250

(Donated by “Hongkong Telegraph")

TWO SILVER TROPHIES, VALUED $250

(Donated by. ILFORD, Ltd., London)

SEND YOUR ENTRIES IN NOW

CLOSING DATE & TIME:

29th SEPT. AT 5 P.M.

THE ILFORD TROPHIES WILL BE AWARDED TO THE BEST AND SECOND BEST ENTRIES IN THE COMPETITION, IRRESPECTIVE OF CLASS.

Prizes will be allotted as follows: SECTION ONE:

For Story-Telling Pletures. 1st. $30. 2nd $15. 3rd..$10.

SECTION TWO:

General Pictorial Section: Landscapes, Seascapes, Architectural, Street Scenes, etc.

Ist. $30. 2nd. $15. 3rd, $10,

SECTION THREE: Portraits, Informal Close-ups, Human Studies,

1st. $30. 2nd, $15.

rd. $10. SECTION FOUR:

Still Life and Table-Top Studies. Ist. $30, 2nd. $15, 3rd. $10, SECTION FIVE: Snapshots taken by children under fourteen years. 1st. $15. 2nd. 810. 3rd, $5.-

RULES

the quote

The following Rules will govern the Competition:

for

ters here are stressing that the various to the plaintiffs, and the defendant Under the circumstances, if the ap-and pasiime," frontier violations on the western claims to set-off against the plaintiffs' pen were not allowed, the appellant border of Manchukuo are regarded in claim an equal amount of the said could not obtain any remedy insofar all, and, secondly, that the shipping

documents were never presented. Japan not as isolated incidents, but debt due to the defendant-$100,000."as the 8,000 shells were concerned.

saying he accepted all the eases Counsel then went on to quote a by The appeal was heard by the Chief

£5 63. A Shelf Justice, Sir Atholl

number of authorities under which and

Referring to the contract, which quoted by Mr. D'Almada, though he was rather surprised that his real would have the result that the strong Mr. Leo D'Almada

with the striking out of a statement be £5 s. C.I.F. Hongkong, and that His proposition was that in the ease Japanese and Manchukugan forces Macnamara, instructed by Mr. H. of defence or claim.

J

delivery be made immediately from concentrated in western Manchukuo Armstrong, of Deacons, appeared for

He submitted that all the cases stock at the factory in Europe, Mr. a C.I.F. contract no property ever would be rendered unavailable for Mr. Krebs, and the Fourth Route which he had quoted showed that D'Almada submitted that by the other side in the Court below

passed and he had challenged. operations elsewhere.

Army were Japanese papers warn Moscow not Potter represented by Mr. Eldon / Ureat care must be taken and all the words "delivery, ex-stock" mentioned a case showing this was not correct.

surrounding circumstances considered in the agreement, the property passed K.C., on the instructions to underrate the strength of Japan, Mr. Sydney Ng Quinn, of Geo. K.

before

Under a C.I.F. contract, went on could

be to the buyers once the allocation of Counsel, no property ever passed be- and to refrain from cash actions. Hall Brutton and Co.

adopted,

goods had since the Manchukuoan army would

In the present case, Counsel con-seller. Mr. D'Almada said the appeal was not countenance continuous violations against an order made in Chambers ended, the trial Judge, had not exer-

The shells had been allocated and documents had been brought into

payment could

be made until the ship of the frontier-Trans-Ocean.

by Mr. Justice Lindsell, then Acting into the interpretation of the terms Hamburg but for the refusal of the It had been conceded that in the pre- cised such care and had not gone were to have been shipped from Tass Summary

rom existence and tendered to the buyer. Chief Justice, striking out a certain Moscow, June 25,-Japanese-Man-j paragraph of the statement of de-jof the contract, for if he lind done so Fourth Route Army to make payment, sent case no property was ever put churian forces in a series of clashes fenes,

By the contract, both buyers and against "Soviet troops In the Mongo-

ment of defence vexatious, frivolous seller intended that the appropriation on board a ship and that not a single "Not Up To Samples" lian Peoples Repubile" lost 400 dead

and therefore an abuso of the pro Europe and that just as soon as the tract bills of lading, insurance should take place at the factory in one of the three essentials of a.C.I.F. plus 50 airplanes. "The Russian lossos According to the statement of

and were 40 dead and 70 wounded in claim, Mr. Krebs entered into an

Invoice came policy The Judge was wrong in treating allocation had been made the goods

into existence. addlilon to 23 planes, according to the agreement with the Fourth Route the statement as so plain and ob- passed to the buyers. Tass News Agency's summary.

Army for the delivery of 10,000 gas vious as to merit it being struck out,

Yet just because of a phrase in the Interpretation Of Terms The incidents took place in the masks at the cost oo $100,000.

contract "delivery ex-store" the other The question was the true inter-side had contended that the property. Lake Buirnor region between May

A stipulation of the contract was before learning the terms of the con-

pretation of the terms of the contract passed to the buyers in the factory, 11th and June 25th and is based on that the gas masks should be in ne-

and it was for the Court to decide "Information received from the head-cordance with the samples.

Referring to the statement of de whether Mr. Justice Lindsell quarters of the Mongolian-Soviet

was fence, Counsel suggested that it was On November 15, 1937, certain gas

right in saying that upon the agree-devised in order to raise a defence troops" which asserts that the first masks arrived in Hongkong, but they

The onus to prove that the statement the property had not passed to against a case in which there could attack on May 11th occurred in the were not in accordance with the sam- ment was frivolous and vexatious the buyers, wherefore, the set-off be no defence at all. areo of "Nomon Kan Burd Obo, ples and were therefore rejected.

WON on the plaintiffs, and Mr. Should be struck aut. southwest of Lake Bulmor when the The Fourth Route Army sub- Almada submitted that this had Invaders

Counsel continued -by were repulsed, whereafter, sequently brought a claim for

the not been discharged. The burden of admittedly. It had been agreed that

saying that respect of gas-masks not In BC. from May 12th to May 22nd there return of the money,

Mr. Potter's arguments in Chambers the contract was CIF, but submitted were frontier clashes almost daily

8,000. Shells Sold

In this respect, he said, was that the that the putting of the casualties on both sides"",

with

The would not have found the state-

cess of the Court.

tract.

C.I.F. Contract

goods ΤΟΥΣ In answer to that claim, Mr. Krebsgreement for. 8,000 sheils being a board and the transfer of the shipping

оде

They were sued for $100,000 In cordance with samples and yet In of this irrefutable fact they had

to pay.

Mr. Krebs, fest had

clash occurred on June 22nd when 120/fled a statement of defence, pleading i C.I.F. contract and there being no documents were referable only to the stated that he was not in a position

tender or of the

had passed

The report shows that the heaviest

Mongolian planes, in which "31 Man ho sald was due to him in respect of documents to the buyer, the property paid for them and had no bearing on price was to be paid. The price was Murni punes in wholian, planes eight thousand 75. tn.m. shells bar- ford not used to the buyer where the question of po

of passing of the pro- in fact never paid and consequently | gained for,ands sold..to plaintiffs, On June 24th 00 Manchurian

ed sum could

the goods were not shipped. Assume not be made, the true Abuso Of Court

From the terms of the contract it ing that his clients were wrong, even planes attacked 60 Mongolian-Sovjet This part of the statement of bounce of setlon being damages for was perfectly clear that the Hobds then all the other side could do was planer in which the Japanese lost 25 defence was ordered to be struck out

breach of contract.

passed to the buyers immediately to sue for breach of contract and not Mr. Potter Interrupted and suld upon nilocation at the factory, planes and the Russians 2-United by Mr. Justice Lindsell on the that his points were, neatly, that the PICE

by putting up the whole sum of grounds that It was vexatious, frie goods were never put on the ship at

Mr.Potter's Address

£42,000 ps n zel-off. Mr. Putter opened his case The case is proceeding.

were shot down.

3**

"

1-The Competition is confined ex-

to clusively

amateur photo- graphers 2--No employee or member of any firm in the photographis trade is permitted to compete.

3.The prizes will be awarded to the competitore sending in what are adjudged to be the best photo- graphs in each Section. Each entry must be accompanied by a form which will be published during the period of the Com- petition, and which must be pasted on back of entry. 4-The right to publia's any or all of the entries is remrved to the Hongkong Telegraph, 5-All photographs entered must Have been taken in the Colony of longkong. Photographs which have been already entered in other Competitions are ineligible. -No responsibilty will be accepted

for non-delivery; ofa! loss; of, or, damage to entries, da jede 7-All entries to be either black, sepia, or toned pictures, and must

USE THIS FORM

AND PASTE IT

ON THE

BAGK OF EACH ENTRY

photo

be mounted, Coloured graphs are ineligible. BPictures submitted in gepla tones should be accompanied by a smaller print in black and white. D-Mo picture to entered in more

than one Section. -10-Mounts to be only white

Стель Land, except in Children's Section, must be of one of the following size:10x12, 10X20.

•

or the

'11,-Na correspondence will be entered

Into in connection with the Com polition,

12-Entries in the Children's Section must bear the entrant's raino, agu and address on the entry form, counter-signed by a parent. 13-Members of the Blaffs of the Hongkong Tatapraph and tho South China Morning Post are not permitted to compate, 14-The declalous of the

beral,

Judger shall

13-At the conclusion of the Com- petition, entries will be returned to competitors on application, at the Telegraph offices within seven. days.

ENTRY FORM

"SECTION:

-NAME-

ADDRESS DATE

Please use block letters and paste this oes Back of 'mach Entry, if entered in Ctutdrers Bection, parent planes.coÙNG. Samigo here, TAZOR YOU et p