1939-07-05 — Page 31

Wednesday,

..HONGKONG LAW COURT APPEAL AGAINST CHINESE ARMY IS DISMISSED

HONGKONG TELEGRAPH

WRITTEN judgments on the appeal brought last U.S. Holiday Deaths week by Mr. Henri Krebs against a decision of Mr. Justice R. E. Lindsell-in connection with a clainy against Him by the Fourth Route Army were delivered by the Chief Justice, Sir Atholl MacGregor and Mr. Justice J. A. Fraser in the Full Court this morning. The appeal was dismissed, with costs.

Already More

Than 500

highways.

WASHINGTON,

Commons And Colonies Pleoge By Sir Thomas Inskip

London, July 4.

Bankruptcy Petition Adjourned

The decision of Mr. Justice Lindsell concerned the striking out of part of a statement of defence filed by Mr. Krebs in reply to an action brought against him by the Fourth Route Army for $190,000, being money paid for 10,000 gas masks which were, delivered but which were not accepted because they were not in accordance with the samples.

In his statement of defence, unliquidated sum cannot be made

the subject of a set-off,

C. J.'s Judgment

Judge was right in striking out para- "In my judgment the learned trial graph 4 of the Statement of Defence as disclosing no reasonable cause of action.

"This appeal is dismissed with

costs."

de-

July 5, 1939.

Europeans. Who Demand Drinks After Hours

The difficulties of a restaurant owner in replying to demands from Europeans for intoxicating liquors after hours were emphasised by Mr. C. A. S. Russ before Mr. R. A. D. Forrest at the Central Magistracy this morning. Mr. Russ ap- peared for Wong Wul-chiu, of the Wah Yan Cafe, 153 Con- naught Road, who was fined $100 for selling intoxicating liquor to Europeans at 1.30 am, on June 18.

Mr. Russ sald that he admitted the charge, but pleaded extenuating circumstances. Europeans who demand drinks at that time of the night he said, are usually those who had already had a little too much, and it was difficult' for the owner to deal with them. His client, however, was prepared in future to refuse to serve such people, and immediately to telephone the Police. The other alternative of putting up a notice stating that Europeans would not be served there was likely to be disagreeable with many people.

Inspector A. L. Hopkins said that he had been attracted to the cafe by the noice of a brawl. He went inside and had found six or seven sailors singing at the top of their voices. There were other people in the cafe as well.

Dr.

29.

Kung's Stirring "Glorious Fourth Broadcast To U.S.

CHUNGKING, July 5.

July 4. HOLIDAY deaths so far number 502 and the total is mounting.

Thousands of holiday makers are Mr. Krebs said the Fourth Route now making their way home, Jour-Army were indebted to him in nering aloog the trafle-jammed the sum of £42,000 being price

of 8,000 75 mm. shells bargain It is indicated that the totaled for and sold to the Army, and this year will surpass last year's claimed to set off against the holiday total of 600 deaths. Army's claim an equal amount Mr. Justice Frator Concurs

This year there have been 234 of the sald debt-$190,000.

Mr. Justice Fraser said: "I have deaths in automobile accidents, 118 This part of the statement of de-hind the advantage of reading Wie deaths from drowning, while a totni fence was ordered to be struck out judgment which has just been of 152 denths have resulted from by Mr. Justice Lindsell on the ground livered by the learned Chief Justice, railway, plane and fire accidents us that it was frivolous and vexatious, with which I agree. well as shootings and other forms off and it was in connection with this "Set-off is a creation of statute violence-United Press.

that the appeal was brought

governed by section 3 (3) of the, The Hon. Mr. Leo D'Almada and Law Amendment Ordinance, No. 2 CHINA'S deep appreciation of the happy friendly relations Mr. H. C. Macnamara, instructed by of 1901, which closely follows the existing between her and the United States, and of the inspiration Mr. H. J. Armstrong, of Deacons, terms of section 30 of the Judicature and assistance the United States has given in the task of rebuilding appenred for Mr. Krebs, and the Act, 1925, and by Order XIX, rule and modernization was emphasised by Dr. H. H. Kung, President Fourth Route Artny were represented |1, which is applied to Hongkong by by Mr. Eldon Potter, x,c., on the in-section 4 of the Code of Civil Pro- of the Executive Yuan, and Minister of Finance, in a broadcast structions of Mr. Sydney Ng Quinn, cedure. It has not been, contended to America from Chungking yesterday on the anniversary of the of Geo, K. Hall Brutton and Co. that these provisions, can be con- American Declaration of Independence.

strued so as to put an unliquidated claim on the same footing, as II Following is the text of Dr. Kung's been trampled upon with impunity. In the course of his judgment, the set-off and in fact the appellant has

The system of international security liquidated claim for the purpose of | broadenst:

I am happy to be able to speak has been seriously challenged. Mun- Chief Justice said:

fruned his pleading in the form of to the people of America on tha kind seems to be reverting to another "On August 30, 1937 and Septem-a liquidated claim.

manorable occasion, the 103rd anni Dark Age. Centuries of human pro- ber 22, 1937 the Pinintiffs-Respon-

"Now in the letter written by Mr.

versary of the Declaration of Inde- Kress may be set back. Civilization in the House of Commons today, dents and the Defendant-Appellant Krebs an October 20, 1937, he says pendence. On behalf of the people is at stake. Sir Thomas Juskip said that in the entered into two contracts, the carder that he is compelled to inform the of Ching I extend to you our most present circumstances there would for the supply to the plaintiffs of buyer that the damages which will be nearly congratulations and best

China's War Of Independence not be any advantage in making an 10,000 gas masks at a price of $10 asked against his failure to full his wishes for your ever growing pros-

For two years a great War, of inquiry, when asked to enquire from per mask complete caf. Hongkong contract will amount to $325,000, and perity.

Independence for nearly n. quarter the South African Government what and the latter for the supply of 8,000 the amount which is sought to be It is fitting that all Hberal spirits of mankind has been raging fiercely would be fair compensation to Ger- high explosive shells it a price of set off is £42,000 or the equivalent of the world should celebrate the on China's soll. Every day Japan's many for South-West Africa and £42,000. The gas masks were duly of HK. $677,047.08, Tanganyika.

lunded in Hongkong but proved on first indication that the appellant is public.

There is the birth of the great American Re-modern military machine rains death The Declaration of Inde-and destruction on our innocent peo- Replying to further questions, Sir inspection not to be up to sample asking for something which in low pendence not only proclaimed the pic, on our open cities, and even on Thomas Inskip suld the Governnient The Plaintiffs-Respondents thereupon he may be unable to maintain. Fur-supreme principles of human liberty our remote countryside hundreds of cerning the transference of South duly issued a writ culming from the franidly said at the outset that he being a great nation which, through rors, barbarities, indecencies and would not make any decision con- rejected the whole consignment, anther, Counsel for the appellant very and equality; it also brought into miles away from the front. The hor- African protectorates until the in- Defendant - Appellant the sum of habitants, natives as well as Euro $100,000 which they had puld for the claim, since the Fourth Route Army has contributed as much as

was not in a position to counter-Its high idealism and rare vitality, lawlessness which Japan's aggression any has brought in its train not only pean. had been gonsulted, smel no masks." conclusions would be reuched until!

was part of the Government of the nation has ever contributed to the Incredible to civilized mankind of the Parliament had considered then,

Ingenious Argument

Republic of China, and that may be progress of mankind and the promo-20th century but are revolting even to the most’Cümental sense of human There was no question of varying;

world peace and order. His Lordship then referred to the some indication of the reason which lon

reason and decency. At this very this pledge-Reuter Spécial.

statement of claim and stalement of induced the plaintiff to plead a debt, Impetus To Modern Democracy moment I am speaking from a city

for which set-off has since the defence, after which he dealt with the Statute of George 2 been allowed, great impetus to

The birth of your nation gave which has had the bitter experience

the growth contract relating to the 8,000 shells rather than damages which it seems modern democracy.

of

of wholesale slaughter of innocent The history of civilians and wanton destruction of and said:

are not even now allowed unless they your people is filled with the greatest private property through indiscrim- "Mr. D'Almada has argued in-are liquidated damages. I am un- romance of human endeavoursinate bombing by Japanese aero- geniously that this is not an ordinary able to see that any other construe-mance of the pioneer, romance of the planes. cif. contract, desplie the clear state- tion can be put upon the contract frontier, romance of the machine Can Japan's bombs and machine- ments C.IF. Hongkong" and "pay-made between Mr. Krebs and the age, romance of modern business and

guns terrorize the Chinese people ment against shipping documents."Fourth Route Army on the 22nd industry, romance of the rise of the

Into submission? Wil this young In his submission the true effect of September, 1937, than that it is an

common man to power and, above Republic of ours conceived and de- the contract li that the parties in-ordinary c.i.f. contract, or that the all, romance of the making of human dicated as your Repablie perish from tended that the property should pass appellant hos any remedy in debt life richer and more worthwhile, the earth in face of Japan's aggres- The petition brought by the Sib-i nu soon_as_the seller appropriated but only in damages,

The wonderful progress you have slon? The 470,000,000 souls of China cere Co. (Prefűméry Manufacturers).] 8,000 shells to the conlrbet nt them of the opinion that this ap made in your national life testifies say "No". Japan's reign of terror Ltd. for a receiving order against the factory and had then despatched to peat should be dismissed with costs.”

to the high levels to which human sannot break our morale; It cannot Leung Sun Kee firm of 121 Queen's the port of shipment. The payment

life can be elevated if all the world kill our national soul; it only hardens Road Central, was again mentioned einuse, he argued, only qualified the

can have the good fortune of pur- our will to resist. True, the Inade- before the Chief Justice. Sir Atholl time for payment and did not affect

suing peace and happiness as you quacy of our mechanical equipment MacGregor in the Bankruptcy Court the question of the passing of the

do in the United States. The signi- forces This morning.

fight against great and was adjourned property in the goods. The property

ficant role you have played in the odds. But we have the grim de- had passed to the buyer on appro

enunciation of the "Open Door" doc= termination to fight to the bitter end. tring, the conclusion of the

Nino For two years we have fought stub- Power Treaty, the signing of the bornly, and have exploded the myth Kellogg-Briand Anti-War Pact and of Japan's Invincibility. in the achievement at other land- number of years we will continue to marks of history, has won for your fight until Japan realizes that Chim nation un undisputed leadership in cannot be conquered and until China Upon the Omelal Receiver (Mr.plained of disclosed a proper claim by

world affairs and the honor of a emerges from this great cruel war a L. R. Andrewes) raising no objec-way of set-ofT. tlon, His Lordship consented to this "With this plausible contention I

champion of ull that is noble and nation free and reborn, The contruct procedure.

am unable to concur.

beautiful in international life. in all essentials is an ordinary c...

In celebrating to-day's occasion tory shall be ours, because we know contract. When then does property

with you, I cannot claim speak in thit right und justice are on our side. Rome, July 4. pass under a c.i. contract? The law

Officials have confirmed that Italy I do not reassure you of car deep rights

the valce of the Chinese people if we are fighting for the inalienable is thus stated in the Hailsham Edi-

human ilberty and equality. tion of Haisbury's Laws of England, is negotiating with Germany in order

to solve the minority question of the appreciation of the happy friendly We are fighting for our "good earth," Volume 20 paragraph 293: "When an

relations always existing hetween for our sacred homes, for our rich South Tyrol, just below Brenner agreement is made for the sale of

our two peoples and of the inspira-| heritage, for our peaceful progress. specifle goods in a deliverable state Pass, where it is estimated that 350,- Gordon Ellicolt Torrey, an Ameri-on cat, terms it is not an uncond!-00 Germans were included in Italy's lors and assistance you have given We are fighting for our national ex-

us in our task of rebuilding and Istence and independence. can subject living at 20 Blue Pool tonal contract, because the compier- frontiers when the latter took the

modernization. Whether

More than that, we are fighting for Road, was fined $10 by Mr. R. A. Dcial meaning of cf. imports an Tyrol following the world. war, Forrest at the Central Magistracy undertaking by the seller to do some-

Recently, Herr Hitier and Signor education and culture, development) a cause that is the cause of civilized the of free institutions, or the realm of mankind. We are fighting against this morning for failing to notify the thing more, numely, to put the goods Mussolini publicly stated that

frontier and been International affairs, America has the menace of intemational gang- Police of his change of address

been Chlua's friend and leader.

sterism, the public enemy No. 1 of April 21.

Defendant pleaded neglect. ship; and this postpones the italo-German

liably learned that since then, about

Material Aid To China

International security. We аге Sub-Inspector H. E. Langley prese-assing of the property until the established "for all time." It is te-

goods are shipped by the seller'."

epidemic of cuted.

After referring to other authorities 5,000 or 6,000 Germans have moved

Recently, through your Govern- ghting against the Filipino Fined

Reich and it is understood ment's arrangements for allver pur-ggression, the disturber of world on the point, His Lordship continued: to the

being repatriated choses from China and for extending peace and order, We are fighting For falling to notify the Registra-"In the present case it is admitted that others are

of tyranny and loans and credits to China, you have against the evils tlon of Persons office within 24 hours that the goods were never shipped under agreement.--Unlied Press.

duniocracy Germans Leave The Tyrol helped materially in the maintenance mllitarism, the enemies of his arrival in Hongkong un June and that therefore the essential ship-

BERLIN, July 4-The emigration of our financial and currency stabl-and self-determination. We arc 19, Limsico Manuel Lopes, a Filipino ping documents never came into living at 12. Arbuthnoi Road,

What then is the Seller's of German-speaking Inhabitants from ty. And now, through your abund-fighting against the new conditions of was existence.

the Italian South Tyrol is being ant sympathy and moral support in "undeclared warfare" signified by Bned $5 by Mr. R. A. D. Forrest at remedy against the Buyer? I am

the carried out in accordance with an our distress, your valuable services) rape and rapine, by indiscriminole the Central Magistracy this morning, satisfied that the property in

Defendant pleaded that it had been goods the subject matter of the con- agreement between the German and in our war rellet work, and your bombing of open towns, by mass of non-combatants, by very difcult to find Chel Tin tract had not passed to the buyer, Italian governments, "Beuter" leams, positive co-operation in our hour of murder Building. His Worship remarked and the count on which the defendant The movement has been going on need, you have afforded us great ca- systematic destruction of cultural educational institutions, by that he could not have tried very appellant founds his set-oft does not for some time, and probably between couragement in our stubborn defense and hard. A visit to the Poller statione. The seller's remedy is by way 5,000 and 0,000 South Tyroleans have of free institutions. The Chinese obsolute dieregard of neutral rights would have provided him with the of an action for damages for breach now erassed the border into Germany. people thank you for your traditional and interests, by inexcusable In-

offringement on the sovereignty friendship, friendship born

A required information.

of contract and such a clalmi for un-Reuter Special.

kindred deals and convictions and neutral States such as the infamous fighting built on the close community of In-Panay Incident. We are

Perhaps some of you who are now who are lustful for power and In my invisible audience will recall supremacy, who are franile with the that two years ago it was my happy idea of Japan's "sacred mission" of privilege to participate in your own ruling the world, and who are Innd in celebrating the Glorious 4th ruthlessly seeking to conquer Chinn of July. That day broke upon a merely as a stepping-stone toward

their wlid world of this realizing

dream of uppler world than of wars disturb us all. The noble hegemony in the Pacific and eventual aspirations expressed in the Declaradominailon over the world. We are

against

ambitious tion of Independence as well as in Aghting those solemn International agreements nggressive Power, which, if it should which your country and mine both succeed in controlling Chinn's vast espouse, have now unhappily receiv-man-power and natural resources, ed a great setback from a fresh re- would surely not hesitate to stretch lease of the forect of war and its greedy hands to the possessions of

sing die.

Mr. M. M. Watson, for the petition-priation of the goods, and the seller ing creditors. said the deblòr

reserved a lien for the purchase price.

im

was willing to undertake to repay all The incis therefore abowed a proper the ereditors in full, and as a result he was prepared to have the petition Case of count, for goods bargained and sold, and the paragraph com- adjourned sine die,

American Fined In H. K. Court

FRANCE FACES NASTY

ECONOMIC PROBLEMS

PARIS, July 4.

IT

S. TYROL MINORITY QUESTION

Germans Being Repatriated

trade,

tis to

For phy

We are confident that ultimate vic-

of

Cardinal Called Aterests dear and vital to both peoples, gainak a group of militarist maniacs

Murderer

NEW

SHIRTS.

When you're looking for new styles in shirts, make straight for Mackintosh's. Now ranges and patterns are constantly being added, all of them exclusive. The shirts are guaranteed not to shrink or fade, the cut and workmanship are as good as in the most expensive shirts you can buy.

A

new range with collars attached and others with two. detachable collars to match.

Priced from $9.50 Less 10% Cash Discount

MACKINTOSH'S LTD.

MEN'S WEAR SPECIALISTS

I WON'T! I WON'T!

I

Fits of temper tantrums-breaking up the party may not be serious to grown-ups but it's tragedy to child- hood. There's something wrong with this "bridegroom". What he probably needs is CASTORIA, the children's laxative. Nervousness and fits of temper are not natu- ral-In children. At the first sign of irritation, temper, give them CASTORIA, the laxative made especially for children. It's pleasant, gentle, mild and thorough. Don't let real tragedy grip your children. Insure their happiness with CASTORIA, the laxative which blends perfectly with their delicate, sensitive systeins. Get a bottle today. Keep it in your home.

CASTORIA

THE CHILDREN'S LAXATIVE ··

"MY MAMA SAYS: CASTORIA

OR... NOTHING!

You can give CASTORIA with confidence to all the chlidien-from babyhood to 11 years. It contains no castor oil, no harmful or babit-forming Ingrediente. Many doses in each bottle. Use as needed, it keeps.

A

TH

tal extinded

M

13 v

RECESS FITTINGS, CABINETS, WITH PLATE GLASS OR

STAINLESS STEEL SHELVES, MIRRORS, IN FACT

ALL MODERN EQUIPMENT

FOR UP-TO-DATE BATHROOMS

CALL AND INSPECT THE "SUGGESTIONS AT--

is semi-officially stated that a Ministerial conference presided inaltzer, Archbishop of Vienna & day, for to-day wars and rumours achieving Japan's mastery of Asia C. E. WARREN & Co., Ltd.

Vienna, July 4. A crowd outside the parish house at Koenigsbrunn, at which Cardinal visiting, cried: "Murderer, your hinnids are sticky with the blood at Horzweber and Planeta."

an

over by M. Edoused Daladier will be held this week to discuss economic situation and effective ways and means for alleviating the serious consequences which war psychoals and the fact that a very large part of French industry was now manufacturing only war material, has had on They referred to the Cardinal's re- the economie Me of France,

fusal to interveng in the death sen The Ministers will pay special at- The Ministers will also discusstences passed by the Nazis during

the 1934 Putsch. tention to the question of stabilising what measures might be akon 10 This demonstration coused Car prices, and methods for the stimula- don of trade, which in some branches abolish the present discrimination in dinal Innitzer to cancel the remain-aggression in a large part of the Western Powers in the Pacific and industries at the der of his tour of Inspection and re-work. The spirit of reason and the Asiatic Continent and over to has come practically to a standstill favour of wer

turn to Vienna. He was greeted conciliation has yielded place to the shores of these very Power We owing to the prevalling abnormal expense of private industries with similar hostility during The primitive brute force. The sanctity are therefore fighting a battle that conditions.

PLEASE Turn To Pago 4. entire tour-United Press.

Trand-Ocean.

of international law and trenties hẩm:

St. George's Building

Tel. 20269.

COUNT THE “TELEGRAPH S

EVERYWHERE: