December 26, 1904.j
Judgment was as follows :-
This is a summons taken out against Alfred Longstaff, chief officer of the s. s. Xigretia, and against William Tait, chief engineer of the same ship, charging them for that they have been guilty of will disobedience to the lawfu commands of the master, Samuel Harrison, contrary to Sec. 225, sub-sect. (b.) of the Merchant Shipping Act, 194.
The defence raised is that the command consists of an order to proceed to sea with a cargo of kerosene oil for Vladivostock, a port at present in the occupation of the Russ ans, now at war with Japan; that in going to that port the crew will incar dangers other than those which they are required to incur under their articles of agreement and the condi- tions of their service, and that consequently the command of the Captain is not a lawful com- mand within the meaning of the said section.
The dangers which the defendants allege they will incur are: (1) damage from mines protecting Vladivostock, (2) damage from the possibility of the place being bombarded after they get there, (3) risk that the ship may be taken into Saseho by the Japanese for investi- gation as to the nature and destination of her cargo.
Now there is no question but that Vladivo- stock is within the degrees of latitude within
which these men have contracted under their articles to serve, and it is not contended for the defence that Vladivostock is blockaded or that the ship is engaged in any "unneutral service" on behalf of either belligerent. With regard to the question as to whether or no this ship is carrying contraband of war it has only been contended that the cargo is of such a nature that there is a risk that the Japanese may require to take the ship into Saseho for investi- gation. In this connection it may be well to
mention that Saselio is within the latitudes within which these men have agreed to serve.
From the list of articles declared to be contraband by the Japanese Government it does not appear that kerosene is contra- band, and there is nothing before me to lead me to suppose that this ship runs any special risk of capture beyond the risk run by any ship sailing for a belligerent destination. I may point out that in time of war every neutral ship on the high sea has to submit to the exercise of the right of search, and experi-
ence has shown that this right is not always exercised without risk to the neutral ship.
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CHINA OVERLAND TRADE REPORT.
while crew, including the deck and engine-room officers, declared that they would proceed no further. They had signed on the articles on the 16th December, 1903, nearly two months before the outbreak of the war, and they had not contemplated the risk of entering the port of a belligerent power. They conceded that there was no actual blockade of Vladivostock yet proclaimed, but protested that the entrance to the harbour was so dangerous from floating and uncharted mines that they were justified in refusing to risk their lives in attempting to enter it. Other objections were raised but only incidentally, and it was not seriously contended that the Nigretia was carrying cargo other than that which appeared in hor papers, or that this constituted contraband.
It was in this latter particular that the Shanghai case differed materially from that decided by Capt. L. Barnes-Lawrence (Marine Magistrate at Hongkong) just a month ago. Captain Lawrence excused the crow of the steamer Salfordia from obeying the order of her master to proceed to Vladivostock, but oue of the reasons he gave for his decision was that the crew were not informed when they signel the articles that the vessel was carrying cou traband. Ile mentioned also that "should Vladivostock be again bombarded. and this vessel be within its harbour at the time, danger to life may reasonably be apprehended," but although a similar contention was put forward on behalf of the defendants at Shanghai it failed to carry weight with Mr. Douglas.
Sympathy will undoubtedly go out to the men who have been ordered to take exceptional risks for which they did not bargain. They are brave men probably, as sailors indeed must be. but they have wives and families to think of too. From their attitude in Court we gatherod that several will prefer imprisonment to proceeding on so dangerous a voyago. Though the decision may be strictly defended in law, it is distinctly against the equity of the case, for it has been unhappily proved by experience that the perils from mines in the neighbourhood of Vladivo. stock have not been exaggerated.-N.-C. Daily Neirs.
BOWLING.
HONGKONG CLUB v. CLUB GERMANIA.
475
mischievous. The report showed how successful the good brothers were in educating the boys. Regarding the difficulties on account of the boys belonging to different nationalities and creeds, it seemed to him that the diffoulty could be overcome by making the training in the junior classes more perfect. The boys should not be advanced into the higher classes till they had made themselves thoroughly efficient in the lower grades. He had seen it stated in the local press that he took a great
interest in education. He did not see how it was possible for any Government to do other. wise, and therefore no Governor could help but be interested in that matter. The schoolboys of to-day made the citizens of to-morrow.
INQUEST.
RE YUEN CHAN, DECEASED.
The hearing of this inquiry was continued before Mr. H. H. J. Gompertz at the Magis- tracy on the 16th instant. The deceased, as previously mentioned, was killed at the Naval Yard Extension by the rope of a crane giving way while nine bags of dirt were being hauled up. The bags falling on him fractured his skull. Mr. Daniels, a partner of the firm, stated in evidence at the last hearing that three men were employed on each crane. This George Sole, engineer in charge of machinery at the yard, stated was correct when the cranes were in constant TISO. The crane - where the accident occurred was only used occasionally, wherefore only one man was kept to look after it. The Coroner, in addressing the jury, said the evidence established the fact that the rope of the crane was reasonably adequate for the work it did. As to signalling, apparently when the crane was in regular work. there were always men there whose special duty was to signal. When a crane was only doing occasional work, it was hardly reasonable that the authorities should be compelled to keep a man there all day. The workmen on top ought to understand that they should call out to those below. If the men be low did not get out of the way after warning, any accident occurring would be their own fault. The jury returned a verdict of accidental death.
LEAGUE.
The Bowling Competition between the Hong- | HONGKONG BRANCH OF THE NAVY kong Club and Club Germania for the new Challenge Cup concluded on the 19th instant. England won by 629 points. Scores wore jas
England
follows:
- !
I am of opinion that under the circumstances before me, the command of the master is a lar ful command. It is obvious that the outbreak- of any big naval war is likely to cause additional E. H. Hinds perils to peaceful merchant shipping, and these
C. H. Gale perils have been increased by the range of
H. Hancock modern weapons and the employmeut of mines, I. Hooper... etc., but I know of no authority for any general proposition that the outbreak of war alone, and the perils cons quent thereon,, modifies agreements of crews of such peaceful merchant- men. There is authority for the proposition that a man is not excused from carrying out his contract by reason of the fact that difficulties and dangers have arisen before the contract is completed which were not foreseen or contem- plated at the time of the making thereof.
the
In proceeding to Vladivostook the Captain is prima facie doing nothing which a peaceful trader is not entitled to do unmolested by either belligerent, and I cannot excuse the e mea from the obligations required of them by their articles on the ground of the perils which they have alleged may possibly exist in such performance. Under the circumstances I shall only impose a fine of one day's pay on each of the defendants. but should they continue to refuse duty the Captain will be entitled to bring them again before me under sub-sec. (c) of the same section of the Act when they will run the risk of undergoing a term of imprisonment.
J. C. E. DOUGLAS.
Police Magistrate.
The decision given by Mr. Douglas in H. B. M.'s Police Court on the 14th inst. is of wide interest to the shipping community at the present time. The point at issue was extremely simple. On arriving in Shanghai last week Captain Harrison of the str. Nigretia informed his ship's company that the destination of the vessel with its cargo of cases of kerosene oil was to be Vladivostock. Thereupon the entire
1322 1434
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***
1457 1243
Germany F. Eberius C. Koch
1362
F. Nicolai
1443
I. Mueller
...
1264
A. Rombach
1505
1539
1490 E. Vollbrecht 1285 A Thiessen... 1341 I. Thun ..
1202
F. Maitland T. C. Gray... C. P. Chater J. W. C. Bonner 1425
11,241
ST. JOSEPH'S COLLEGE.
10,612
THE PRIZE DISTRIBUTION BY H.E. THE
GOVERNOR.
H.E. Sir Matthew N than, K.C.M.G., on the
17th inst. distributed the prizes at St. Joseph's College.
In the report to be presented to members of the Hongkong branch of the Navy L'ague, at the general meeting on Dec. 19, it is stated that the committee has, from time to time, offered gunnery prizes on behalf of this branch of the Navy League, but unfortunately the service regulations do not appear to admit of the acceptance of the offer. Among various local matters of importance, occurred during the period under review, may be mentioned the visit to the Far East of Mr.
which have
H. F. Wyatt, the Navy League Envoy. In Hongkong Mr. Wyatt delivered two lec- tures before appreciative audiences, one at the City Hall, on the 2nd June. 1903, at which the late Governor, Sir Henry Blake, took the chair, and the other at the Quarry Bay Sugar Works, at which Mr, D. R. Law presided. Mr. Wyatt also held a successful meeting at Canton, where the number of members of the Navy League in proportion to the number of Britons resident The season at which is very satisfactory. he arrived in Hongkong unfortunately pre- H.E. the GOVERNOR, after distributing the cluded the idea of a general dinner being given priz's, addressing the boys, said that he had very to Mr. Wyatt by the members and associates of great pleasure in giving away the prizes, many this Branch, but he was privately enter:ained of which had been earned by diligence. The by the members of the committee and a boys were going to spend their holidays, and he useful interchange of views effected. Since wished them a good time. He hoped that when the last general meeting of the members studies were resumed they would strive to do and asscoiates of the Hongkong branch of the even better than before. When they went into Navy League, which took places in January, the bigger world they should show their 1903, Capt. G. C. Anderson, returned to the gratitude to the good Brothers, who spent their old country for a well-earned rest. Subse- lives in teaching them, by becoming good men.quently, at the request of the committee, Mr. Addressing the Rev. Brothers and visitors pre-E. W. Mitchell kindly consented to act as hon. sent, His Excellency said that special attention | secretary for a few months and later they were should be paid to training the boys to be clean in mind so that when they grow up they would become a credit to themselves, the school, and the Colony. Training and education went hand in hand. Training without education lost much good, and education without training might be
'
able to secure the services of Mr. A. R. Lowe as hon. secretary. Mr. B. Layton, who did yeoman service for this branch as hon. treasurer resigned the post a few months ago, and Mr. N. J. Stabb has kindly consented to act in his placé. The following are the present members of
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