411, 1895. April 11,
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CHINA OVERLAND TRADE REPORT.
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question of freight for carrying them to Jeddah, bat it was of course also a valuable salvage ser- vice. And in the case of the Schill r, L.R.I.P.D. 473, and on appeal, L R. 2 P.D. 145, the persons whose lives were saved, after the Schiller was wrecked off the Scilly Island, were saved from most imminent peril, some actually being in the water at the time Now, considering the whole circumstances of this case it seems to me the amount awarded by the learned Judge below was excessive as compared with other cases of a not entirely dissimilar kind. I consider $13.00 to be a fair, even liberal amount to fix, and I am of opinion that is the sum which should be awarded for the salvage services rendered by the Phra Chom Klao to the Rio, and I reduce the sum of $20,000 to $13.000 accordingly. Each party must bear his own costs of this appeal.
The Acting Puisne Judge (His Honour Mr. A. G.. Wise)-I concur. have nothing|for- ther to add except that I am not quite certain the cases that have been quoted of the Scindia and the Thomas Allen lay it down as a bard and fast rule that the reduction must be exactly one. third,
THE END OF THE COOLIE STRIKE.
April 3rd.
up and that they made progres On the morn- and making fast was performed by the disabled ing of the 10th they had made a good deal of vessel. It must be remembered that both the progress, yet when the chart is consulted it is seen Phra Chom Klao and the Rio were going to the that though heading N. by W. and N.N.W. dar. same port, Hongkong, so that the Phrd Chom Klao | ing the 8th and 9th he had gone not in that had not to go much out of her way. The Court direction but had drifted as I have already stated of Appeal, in the case of the Thomas Allen, ra 8. by W. W. There is no doubt therefore viewed the subject of the principle which should that she was to all intents and purposes helpless, guide it in deciding whether to alter the amount and I am of opinion and am so advised that she of salvage remuneration awarded below. At p would never have got to Quinhon, but was drift-121 (L.R. 12 App. Cases) Sir James Hannen ing past it, and if she had continued to drift in the says "The principle is very clearly stated in same direction as she had gone from B to C she the judgment delivered by Lord Justice James most likely would have struck the coast at the in the Glenduror, S R. 3P. C. 589. He there Three Kings Rocks 80 miles off, or if the posi-says-In some of the cases which have been tion & is correct she would have gone on shore referred to in argument the difficulty has been about 40 miles off on Maignia Island Thotated in very strong language, viz., that this value of the Rio and her cargo has been fixed at Committees (ie, of the Privy Council) would $110,000, thẻ value of the Phra Chom Klao at | not enter into the question of quantum $200,000." | Later on, in his judgment. the where there has been nothing to shook the con learned Judge below points out that the towing science, nothing gross or extravagant (the Car delayed the Phra Chom Klao from two to two rier Dove, 2 Moore's P. C. n.s. 214). In the and a half days, by which he means that she case of the Clariess, Swabey's Reports. p. 134, arrived at Hongkong two or three days later there follows an accurate expression of the rule than she would otherwise have done but for help-according to their Lordships view. Their Lord ing the Rio. He also points out that the Rio was ships there say, "It is, however, a settled rule helples, that is as regards motive power, that she and one of great utility, particularly with re was not in any imminent or immediate danger, ference to cases of this description, that the but that she was drifting towards a rocky and difference ought to be considerable to in dangerous coast and that the propeller, though duce a Court of Appeal to interfere apon a secured as well as they could secure it would question of mere discretion," and, at the con Several stevedores have expressed their inten- have been an element of danger if bad weather clusion of the judgment, p. 594 (ie, judgment|tion of registering to-day and resuming work had come on, as it might have broken loose. He in the Glenduror case) is this passage :-" With | with the nsnal supply of coolies. There is no adds, “Thy towage service lasted from 9.30 a.m. reference to the amount of difference of estimate doubt a growing feeling among the stevedores of the 10th till 10 p.m. of the 14tb September, which would justify their Lordships to review that the strike should terminate at once. And covering a distance of about 580 miles, in the the decisions of the learned judge they were it is about time, too, for the rod which the coolies height of the hurricane season. The weather referred in the case to the Scindia, Law Rep. have been pickling for their own backs is get- was not bad, though at one time there was 1. P. C. 241, in which the Court differed to the ting more pliable and more stinging every day, a heavy swell, and the work was most success- extent of que third. Unless the difference This rod is a figurative term for an increase in fully performed." Upon these facts, Mr. Leach, amounted at least to that they would not have the prices of Chinese food. Rice has gone up quoting various authorities, all of which I bave interfered." Sir James Hannen then continued 10 per cent., pork 80 per cent, vegetables 40 per carefully read, contended the service was not acting on this principle and being of cent., salt fish 50 per cent., firewood 25 per capt., salvage service but only towage. The learned opinion that $7,500 will be a liberal reward fresh water fish 40 per cent., chicken 15 per cent. Judge below held it was, under the circumstances, for the services rendered by the Austerlitz the Of course if the strike continues prices will be salvage service, and both Mr Justice Wise and sum will be reduced to that amount. Again in still further enhanced, but there seems to be I, myself, concur in that view. If any authority the case of the Werra already referred to, Sir every probability that to-day will see the begin- for that conclusion is wanted the cases of the James Hannen, speaking of the principles by ning of the end. Albion, Lushington's Admiralty Reports, p. 282, which the Court is guided in awarding salvage, and the Werra suffice to show that towage can says. The first thing to be considered is the become salvage. The case of the Werra, reported value of property saved; by that I do not mean that in 12 L. R. Probate Division, p. 52, is very ex-it is to be taken as absolutely the most important plicit. There, the Werra, which was a steamship element, but that it is the subject matter in respect belonging to the North German Lloyd SS. Co., of which the action arises. It is the fund which was on a voyage from Bremen to New York. has to be dealt with and to be divided between She had 544 passengers on board and had lost the owners and the salvors who have acquired her propelling power when she was fallon in with a claim upon it." The next question is as to by the Venetian and towed a thousand miles to the actual perils from which the vessel has Boston. The learned Judge (Sir James Han- been saved," and then. lastly, he considers "what nen) says, at pp. 53 to 54. It appears both to me sacrifices and what risks were incurred in ren and to the Trinity Brethren that she was not dering the salvage service." No doubt the cases, saved from actual imminent risk. She had e...tue Chetah, LR.QP.C. p. 211; the Ameriques lost her propelling power, which I have often L.R.6. P.C. 468; the De Bay, L.R. 8 Appeal Last night we received a communication from had occasion to say reduces a steamer to such cases 559, show that varying degrees of importance one of the leading Chinese business men to the a condition of impotence that to take her are attached by different Judges to the constituent effect that there was every probability of the from the situation in which she is placed is a factors in the claim. but I think due may wellstevedores and coal coolias returning to work service which entitles those who perform it to a follow the ruling of the learned Judge in the this morning. The coal coolies at Kowloon, salvage reward." We therefore think the case of the Wirra. We know the value of the who had been working the Charbonnages coal, owners of the Phia Chom Klao are entitled to Rio and of the Phra Chom Klao. As regards were nearly starved out, and it was believed they salvage reward. The remaining question to be the actual perils the learned Judge below found would return to work to-day. decided is what, in all the circumstances of this that the Rio was not in any imminent or im- case, is the proper amount to be awarded ? I am mediate danger, though she was drifting to aware the decisions show the Court above is usually wards a rocky and dangerous coast. Mr. Leach, nawilling to overrule the judgment of the Court however, contended she had her anchors, her below upon the question of amount of remunera- lifeboat and bouts and was in all respects well tion. The cases cited, all of which I bave equipped ecept. as to her motive power, and carefully considered, were numerous. I may, that she was in the track of other steamers, however, refer to some of the more important which facts were not in dispute. Then as to ones, such as the Thomas Allen, Law Reports, the sacrifices and risks incurred by the Phra 12 Appeal Cases, p. 118. There, the Privy Chom Klud, these were not very great. It is Council reduced an award of $12,000 to $7,500, true she might lose $300 or $300 a day while being of opinion that the difference between the detained and delayed for three days or rather som awarded by the Judge of the Vice-Admiralty less on her foyage, and no doubt she ran the Court & Halifax, Nova Scotia, and that which risk of bad weather, which, however, did not would be oval was so large as to require cor.. come on, It seems to me possible from the rection. There, to Thomas Allen broke her pro- cases cited by the, learned Judge below, of life peller shaft on a vyage from New York, when salvage, viz, the Jeddah, the Medina, and the about 300 miles from Halifax. The Austerlitz Schiller, that he largely increased the amount fell in with her ad agreed to tow her to of salvage remuneration on that account. Halifax and did so most successfully. The think it, no doubt, an important element in value of the Austeritz, ber cargo and freight, this case but it must be borne in mind that the was $132,500 and tie Thomas Allen, with her 953 passengers saved, in te case of the Jeddah, cargo and freight; (126,775. The Austerlitz was wore saved by towing the vessel to Aden, after engaged 45 hours in assisting the Thomas Allen, she had been abandoned by her officers and orew, to which must be alded the time required to while in the case of the Medina, L.R.. 1. P.D. regain the position she had lost while giving 272, some 550 pilgrims, after the vessel was this assisance, and the destination of the Auster-wrecked and the boats were rendered useless, were its was Bordeaux. She was therefore delayed taken from a small sharp rook some 240 miles at least as long as the Phra Chom Klao arriving from Aden. They must have been in the most at bor port of destination. There, as in the case terrible and imminent peril, for there was barely of the Bio, the boat work in connecting the hawser standing room on the rook. That was partly a
Yesterday the police succeeded in getting up. wards of 500 coolies to work for various firms at the rate of $1 a day each. Inspector Stanton aud Sergeant McIvor were busy all day yester- day in engaging coolies; in fact, the police com- pound at the Central Police Station presented the appearance during yesterday of a thriving coolie firm. Hundreds of coolies assembled in the compound, and they all seemed to be very eager to be engaged, especially at such a princely salary. The Captaiu Superintendent of Police has sent round a notification to the various firms stating that co-lies can be supplied from the Police Station.
COOLIES OBTAINABLE FROM AMOY,
In reply to a telegram to the British Consul at Amoy from the Colonial Secretary enquiring whether labouring coolies could be procured in that neighbourhood, an answer has been received that some coolies can be procured at once, wages six to seven dollars a month, and that in a short time thousands of coolies could be got. THE GOVERNOR SUGGESTS MEASURES TO THE
EMPLOYERS OF LABOUR.
The following letter has been addressed by the Government to the Chamber of Commerce:
Colonial Secretary's Office.
2nd April, 1895. Sir.-I am directed by H.E. the Governor to state, for the information of the Chamber of Commerce and for communication to the re- presentatives of the shipping firms in the colony, that the following facts have been brought to his knowledge in connection with the present coolie strike :-
(1)-That several firms have had offers from one or more Chinamen to supply them with 3,000 coolies at the usual stevedore rates, provided that permanent employment as stevedore, for a period of years was guaranteed to the maker or makers of the offers.
(2).-That such offers have in each case been declined, owing to the reluctance of the firms concerned to dispense with the services of their present employés, despite the fact that those
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