1939-10-06 — Page 25

Friday,

HONGKONG TELEGRAPH

NAZIS WARN: U.S.

LINER

IROQUOIS WILL BE SUNK!

FANTASY FROM As They See It Abroad

GERMAN ADMIRAL

SPECIAL TO THE "TELEGRAPH”

WASHINGTON, OCT. ·5 (UP). THE AS- TOUNDING STATEMENT THAT THE 6,209- !TON AMERican liner iroquois wILL BE SUNK BY A SUBMARINE WITHIN THE NEXT 72 HOURS HAS BEEN CONVEYED TO THE UNITED STATES IN AN OFFICIAL WARNING FROM THE GERMAN GOVERN- MENT,

The Iroquois, which is owned by the Clyde Mallory Line, left Ireland on October 2 with a full complement of American passengers. Ordinarily employed on the New York- Bermuda run, she was diverted to Europe in ordor to bring back American people stranded there. She carried 600 passengers and a crow of 190.

The Gorman warning was conveyed to the State Department by Admiral Raeder, Commander- in-Chief of the Nazi Fleet.

BLAMING BRITAIN !

He claims that the liner will be torpedoed "through a repetition of the circumstances which marked the loss of the Athenia." .

ADAM

DESCENDANTS OF ADAM.

EPSTEIN AND FRANKENSTEIN

["Melbourne Herald," Australia

Words "On Or Before"

Are Valid In Law Interesting Legal Point Decided In Hongkong

THE interesting legal point, as to whether or not the words "on or before" mentioned in a landlord's notice to

quit rendered it invalid, was further clarified by Mr. Justice R. E. Lindsell in the Summary Court this morning, when he gave his reasons in writing for the decision he made a fortnight age that such a notice was valid.

When a Nazi U-Boat sunk the Athenia, the German authorities somewhat feebly endeavoured to attach the blame on Britain who, they declared, has sunk one of their own lines "on instructions from the arch-murderer Winston Churchill," in order to impress the United States.

with the sinking of the Athenis, the suggestion Being, of course, that the Troquais would be sunk by British or French craft in an attempt to throw possession claim was brought by or before" notice is necessarily in- the blante on Germany and to anti-Fung Fook-tien and Tsang Yau-te the agreement

American Ronise Germany,

opinion against

Ship In Danger Amerlean opinion Hdicules the idea that such an action Is possible

Mr. Stephen Early, Secretary to President Roosevelt, states that White House officials do not place credence on the German advice.

However, he said, the Captain of the Iroquois has been warned, and coastguard vessels, as well as several U.S. naval craft, have been sent out to meet and escort the liner for the remainder of administrative official, "that Britain her voyage to the United States. for France would do any such thing The German Embassy in as to sink an American ship. The Washington has received no ad-warning from Germany. viewed in

13 that light,

on extraordinary vice.

thing."

He revealed that Admiral Roeder's

by the British or French, bat points out that this does not mean that the Iroquels is in no danger,

We do not believe," said one high

The point was first raised by also an "on or before" notice, the Mr. C. A. S. Russ when he ap-question of the validity of a notice in that form was never raised and peared for Chin Sock-cho, Leung the decision in favour of the landlord Chan-pong Ho Kwai-ying and was based on quite another ground. Un Hak-yeung, against whom a

mui.

judgment in Full

Mr. Justice Lindagli said:

With the submission that an "on

that in Ahenra vs. Dellman (supra) the ratio decidendi was not concerned with the inclu- sion of the words "or before" in notice to quit but the mere fact that The point for decision is a very the tenants' counsel did not lake the simple one and it is curious that it point is somewhat significant and in appears never to have been author-his judgment Bramwell L. J. says tatively decided. The point is this this (p.203)The notice is, I is fice to quit addressed to his hereby give you notice to quit and him to quit on or before" o specified premises and showroom now held by tenant by the landlord and requiring deliver up possession of the shop, date invalid for ambiguity merely on you as tenant from me on or before account of the Inclusion of the words the 1st day of May next, 1878.'

or before?"

Nobody can doubt that if the notice Mr. Russ for the tenant has based had stopped there it was effectual to

notice determine the tenaney and was

Judgment Quoted

on

fl

This statement is founded dictum of Lush J. in his judgment in Queens Club Garden Estates Bignell (1924) K.B. 177 at pages 122-3. In that care the notice to

October 6, 1939,

HITLER IN WARSAW

LONDON, Oct. 5 (Router). -Herr Hitlor arrived in War- How to day and reviewed the troops who participated in the conquest of the city, according to the official German wireless. Hitler was attended by an imposing retinue.

In addition to his porsonal and military aides-de-camp, he was accompanied by Gonoral Keitel, Herr Himmler, Horr Lammers, and Dr. Otto Dio- trich. On arrival at the air- | port, he was greated by General von Brauchitsch, and five other generals,

JAPANESE COLLAPSE

Fatal Strategy in Hunan

Offensive

CHUNGKING, Oct. 5 (Cen- tral). --- Reviewing the War situation on the north Hunan front during the past week, a spokesman of the Military Affairs Commission declared that the Japanese setback in their three-pronged drive on Changsha was the heaviest since the start of hostilities over two years ago. The crushing loss of man-power and materials inflicted on the invad- ing army, the spokesminn said, was ample evidence of the effectiveness of the war of attrition China is wag- ing against Japan,

The Japanese triple column advance on Changsha, he revealed, was along the Canton-Ilankow railway in the centre, by way of the Yochow- Changsha highway on the right wing, and through the Pingklang-Changsha highway by Kintsin on the left..

Vanguard Lost Contact

fore September 30, na the Japanese

The situation seemed serious be-

were rapidly reaching the outer de Lence of the Hunan provincial capital. But it soon developed that by their qulek advance the dying columns were not able maintain close contact with their rear, and vigorous Chinese counter-offensive turned the scale and placed the in- on a sectors on September 30 suo

vaders in untenable position.

The spokesman estimated that. during a week's fighting, more than 20,000 Japaneso were slain ja action. Chinese forces are steadily the advancing to the south bank Mi River, where the Japanese aro now making a desperate stand, Japanese Withdraw CHUNGKING, Oct. 5 (Reuter)-A general Japanese withdrawal north and north-east of Changsha following the Chinese counter-offensivo-launch- despatches. ed on Monday, is claimed in feld

ΝΟ RUSSIANS IN SINKIANG

To Be Sunk Near U.S. Coast WASHINGTON, Oct. 5 (Reuter)-warning" was received from Berlin his submission that such a The White House announced to-by President Roosevelt on Wednesday is invalid mainly on the statement¦ good notice to quil." night that the head of the German night and ac information, after then the footnote (r) on page 135 of Unequivocal Statement navy had told the United States Naval Cabinet meeting, was relayed to the Halsbury's Laws of England 2nd hard to believe that so Edillon Vol. 20:"It is doubtful eminent a lawyer as L. J. Bramwell, Attache in Berlin that the American British and French Governments. stenmer Iroquois from Europe to the been advised to keep a special look- before" a certain date is valid.

The Master of the Iroquois has whether a notice to quit "on or

even though his mind was not United States. with evacuated

directed to the "on or before" point, Americans, will be sunk when she joul and has been given a rendezvous

would have committed himself to with consiguard vessels and naval

such an unequivocal statement of the neurs the American cous!, Mr. Stephen Early,

President craft, which are being sent out to

Inw had there been any real doubt Roosevelt's secretury, in announcing meet her us a precautionary measure,

neither of the other two members of about it, and it is noteworthy that this, sald the threat had been fully

Admiralty Silent

the Court of Appeal (L. 3. 3. Bretl discussed by the Cabinet and it was SPECIAL TO THE "TELEGRAPH" decided that all the facts should be LONDON, Oct. 5 (UP). The Adult was in the following terms: Cotton) expressed any disagree-Reports that large Soviet fereca have made known.

Anding his dissenting judgment on The Information, he said, had been White House report regarding the requisite week's notice for the ter quite other grounds,

iniralty declines to comment on the "The Company hereby give you then with that statement, Brett L. J. conveyed to the United States Naval Iroquols,

mination of your tenancy one week Again In Gardner Ingram Altsche

Beriln by Admiral

or before (supra) it is clear from the report Raeder, the Nazl naval chief,

"We have information on the sub- from Monday next, on

which date they will require vacant that it was not merely the inclusion The Iroquois is a 6,210 ton vessel, lect," a spokesman said.

possession. U-Boat Rammed

And the material port in the notice of the words "or.before" owned by the New York and Miami

of the judgment of Lush J. reads: that was held to invalidate it. Thein may say that I very greally doubt notice was as follows: Kindly takt whether a notice to quit, assuming it notice that I intend to surrender to to be free from objections in other you the tenancy of this house on or respects, can be said to be valid in before the 20th September, 1880." which the landlord mentions ʼn speel- And what the Divisional Court de- fic date for the termination of the clded was that this was not a pro- tenancy and adds that "on or before" per notice because iper Lord Cole- that date they will require passes-ridge C. at p.730) "the tenant slort. A notice to quit must be cer- (merely says that he intends to sur- tain and definite, and I am by no render the lease on or before a pur-purposes." means sure that a nolice quit in ticular date. The words mean that that form is a certain and definite he intends to enter into negotiations

done without

U-

Steamship Company, the managers PARIS, Oct. 5 (Reuter).A of which are the Clyde Steamship boat is believed to have been rammed Company.

and sunk by a French tanker. Mr. Early said that Admiral After a terrine shock, oil was seen Raeder tried to connect his "warning" to spread-over the surrounding sen.

NAZIS HAVE LOST HALF U-BOAT FLEET, CLAIM

Poles To Aid The Chinese

Doctors En Routed down.

To Interior

V.

CHUNGKING, Oct. 5, (Router).—

been altering in through Sinkiang are denied in official Chinese circles. They suggest that the reports have been circulated by the Japanese "n the hope that a Soviet threat to Afghanistan and India might result a change of Britain's policy to- wards Japan,”

"Malicious Invention" SPECIAL TO THE "TELEGRAPH" MOSCOW, Oct. & (UP), The Official Toss Agency described the re- part of the alleged concentration of Soviet troops on the borders of Sin- kiang Province as a "malicious vention and circulated for provocation

In

notice to quit on the date specified. det hout his landlord's consent, Five "Bob" A Day

For The Diggers

these

the initial

MASS AIR RAID IN HUNAN

It may be that it is a notice that that he will surrender his lease to LONDON, Oct. 5, (Reuter)—It was stated in London to-day the landlord will require possession the landlord if he will accept It. before that day, and, if so, it seems That is no nollee to quit and there that there is reason to believe that Germany has lost half the

obvious that it must be a bad notice sea-going U-boats she had at the beginning of the war.

Is an end of the ease." to quit. That view la, no doubt,

SPECIAL TO THE "TELEGRAPH" Furthermore it is not disputed that The fact that only a small British somewhat Lechnical, and it may be

MELBOURNE, Oct. 6 (Reuter).— ship had been sunk in the past week that the more reasonable interpreta-ense (supra) was entirely obiler and rates of pay for privates

the dictum of Lush In Eignell's The War Cabinet has fixed the daily was proof of the effectiveness of the tion of the notice is to read it as though supported by implication by Australian Volunteer Force of 20,000 anti-submarine compaign,

meaning merely that if the tenant It is known that there are still a likes to give up possession before the ter J. In his judgment (at p.133) men at dve shillings a day for single.

It cannot therefore" be called au-

men, and 7. 6d. for married men, few chemy submarines lurking round date specified, the landlord is willing thoritative, and the view of the with an additional Bd. for each child. our stores, but these are being hunt-whether it is right to put so favour-talsbury's Laws of England is to receive additionally a shilling a day. to take it; but I have great doubt learned Editors of Volume 20 of

After embarkation, each man is to, able an interpretation as that upon some extent discounted by the state- The fact is the morale of the U-boat this notice to quit, I am not going ment in Redman's Law of Landlord crews has been badly shaken, and to rest my judgment upon these inst& Tenant (8th Edition) they have been forced to leave the words of the notice, but leave the notice to quit on or before the right p.020 "a regular shipping lanes and take to question of their interpretation with day appears to be valid". It is true THE PARTY of 12 Continen-maruding further afield.

out expressing my definite opinion that in support of this statement tal doctors, more than half of

"Gorman Claims

with regard to it, because in my SPECIAL TO THE "TELEGRAPH"

Ahearn vs. Bellman (supra), which whom are Polish, who left Hong-

BERLIN, Oct. 5 (UP).-The

vlow, apart altogether from kong last week-end to work on (Official German News Agency/ words, this notice to quit is invalid" was decided on other grounds, is

YUANLING, Oct. 6 (Central) —-A' cited, and Rodman's 8th Edition was the Chinese war fronts, have claims that German pursuit planes

Affirming A Principle probably published before Bignell's feet of 24 Japanese planes raided a Mr. Russ also relied on certain case was decided, but I feel myself wide area in Hunan yesterday. been hold up at Hanol by the and anti-aircraft guns have destroyed statements contained in Woodtall's, on safe ground in preferring a state- Six of the machines raided Shao- stoppage of the French railway 27 and 40 French planes since Fon's and Redman's textbooks on ment by Bramwell L. 5. which may yang, over 70 miles northwest of to the interlor.

The report said that on September the law of Landlord & Tenant, and have been by the way to a completely Hengyang, while 18 bombed Chih- Trame over the railway has been 30 alone 21 Allied aircraft were

on the case of Gardner vs, Ingram, obiter dictum of Lush J. suspended by the derailment, which brought down on the Western Front (1880) 61 L.T.R. p. 720-but these

View Confirmed occurred recently,

Two of the 14 doctors, who have Sen.

and in two balfies over the North So no further, in my view, than to

arm the principle, which cannot ba I am confined in this view by a escence of the contract. In other been sent to China after serving in It claims that the Germans have and is not here disputed, that every care which was not cited to me but words the fixing of a time limit to be Spain by the London China Medical lost only five planes.

notice to quit must be clear and un-has since been brought to my notice, on or before a specified date is Ald Commities and a similar organi-

ambiguous and such as to leave the the ease of Forest Oak S. S. Co. Ltd. | sufficiently precios to make per- sation in Norway, have left for

tenant given notice in no possible v. Richards & Co.-(1809, 1 Com. Cases | formance within that time on Chungking by plane..

perience of learning of Germany's doubt as to what is required of him 100: 12 E. & E.D.910). There it was essential part of the contract. In addition to eight Poles, there attack on their country after they and who dealt with the case of stipulate that something is to be done nollee in the present case, which read, held that if parties to a contract. For eso, reasons I hold that the Pro Hungarians, Rumanions and Rus-were half way to China. Although Ilo also starts in the party. They have all anxious to return and serve their Ahearn vs. Bellman, (1870) E. Dat a particular time, as for example "We beg to notify you to evacuate bed considerable experience of war{native innd, they have now decided 201, which at first sight was entirely that a ship shall sati on or before a the house on or before the 30th day tima conditions in Spain.

to help China in her fight against | against him, stressing "that la, that|particular." date, they Intend that in of June, 1839", "wis. a. good and a The Poles bad the unfortunate ex-aggression.

case, in which the notice to quit was such a case time shall be of the valid notice to guit.

the commencement of the war,

D.N.D.

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