March 16, 1908.]
The
CHINA OVERLAND TRADE REPORT.
SUPREME COURT.
Monday, 9th March.
IN SUMMARY JURISDICTION.
BEFORE THE CHIEF JUSTICE (SIR F. PIGGOTT) AND MR. J. ORANGE AS ASSESSOR,
A BIG CLAIM.
In the action Lu Yrong Wood and Lam Choy against the Standard Oil Company of New York the plaintiffs claimed for $70,000 from the defendants alleged to be due for work dous and material supplied on defendants' premises at Laichikok. Mr. M. Slade, instructed by Mr. Hastings, of Messrs Hastings and Hastings, appeared for the plaintiffs and the Hon. Mr. H. E. Pollock, K.C., instructed by Mr. Atkinson, from the offics of Messrs Deacon, Loker and Deacon appeared for the defendants. Mr. Slade, in opening, said that the question which his Lordship had to decide was the amount of work which had been done by the plaintiffs in this action. The question as to whether any clauses of the contract could b relied upon as a defence to this action as set up in the statement of defence had already been decided by his Lordship in the negative. His Lordship had decided that the contract had
little too inuch to describe education, | from the smaller lapses that may have history, geography, political economy and great consequences, unforeseen, but inevit- the art of government, philosophy, &c., as able and serious? China already has a good "subjects hitherto generally undreamt of in enough and full enough working philosophy Chinese philosophy." Military science bas to cover all contingencies, providing she been neglected in China, not because it was could have her desired isolation, and pro- "undreamt of," but becauso Chinese viding she brought practice up to precept. philosophy put it on a plaue of uuworthi- The chief difference between East and West ness. Hygiene, perhaps, and the materialist seems to be that the West does not hanker sciences, are new, but taking the general after isolation, and consequently it has literature mentioned as now
in strong learned to keep many of its ideals for con- demand, we may say that much of it merely templative purposes, modifying its conduct presents in their foreign dress ideas to suit the conditions in which it continually already familiar in China. The inability finds itself rubbing shoulders with others. of £ polygamous people to under. So it is not so much "Western thought stand the love stories" of mouogamous that China needs to absorb, as Western races is explic ble enough, and does not practice, if she wants to keep up with the prove the suggested mental antipodality of | procession. East and West. The Orientals who have oace obtained the clue to the puzzle probably appreciate our romances as well, at least, as Occidentals appreciate the Eastern epitha. lium in the "Eong of Solomon." Chinese literati have always respected history; that it is mainly foolish history, of the "dry bones" or mythological kind, does not alter the main question. The popular history still taught to Western children is no better, King Alfred and the cakes, King Canute and the tide, and so on, being no more useful than the marvellous heroes of Chinese history. Chinese geographies are also still extant, and remind U18 forcibly of European geographical essays of a few centuries ago. In the art of Government it is questionable if we can teach the Chinese anything at all, in theory at least. We, as well as they, are still far short of the glory of the ideals. As to philosophy, the most striking thing about the modern pursuit of it is to find how closely in agreement are the philoso. phers of widely separated peoples, and if a competent sinologue were to go through all Western philosophy, underlining every passage and proposition that has its parallel in Chinese literature of the same order, we fancy there would be very little left to figure as exclusively Western. We must get rid of the idea that we are far ahead of China in the matter of thinking out the meaning of life and the art of it. At the same time,--we are entirely in sympathy with the writer who would fain see more discrimination in the choice of westeru writings to be translated for the Chinese. In Europe we would be no worse off for a burning of the books." There is an in- mensc flood of matter written and printed for no higher purpose than that of enabling thoughtless folk to "pass the time," and as it is produced by grossly imperfect thinkers for those who will not think, it is actually doing a great deal of social harm. Hitherto, China has escaped this. China has a mass of really valuable literature, but familiarity seems to have bred contempt for it. At any rate it seems to have lost its vitality as a moving force. An adage crystalising a good idea, somehow never seems to strike people so much as the same idea freshly presented, and Mr. DYER BALL has pointed out how wise Chinese sayings are often misunderstood and misapplied, merely because they have become commonplaces of speech, rather than factors for reflection. It was interesting the other day to hear a Shanghai China- man, startled by the blue sparks from the tram wire, crying, as he ran away, a well known saying, to the effect that "a single spark will set a whole hillside ablaze." That saying originally was designed to affect conduct in quite other and more usual circumstances, but it is questionable if it ever does. We have equivalents for it, but how many of us apply it in our daily conduct toward our fellows, to prevent us
富道
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been rescinded and that the plaintiffs bad a right to recover the value of the work done,
Mr. Palluck I must not be taken as ad. mitting this.
His Lordship-No, no,
which
Mr. Slade said that was the decision of this based upon the terms of the contract the Court in July last. Apart from the defences
defendants assert that the damage was done to these works by the typhoon of 18th September 1906 was caused by the negligent way in which the plaintiffs had executed the work, that is to say that the works were weaker than they ought to have been and therefore fell easily before the fury of the elements. Plaintiffs' reply to that defence was that the works which were executed by the 18th eptember had been executed in accordance with the designs of the engineer in charge of the works but that by reason of the faulty nature of the design the works were weak and
Then the defendants claim to insufficient. have been entitled to turn plaintiffs off the work by reason of the delays in carrying out the work, b-cause they said there were not sufficient men employed there u, but plaintiffs' replies to that
were manifold. Plaintiffs aver that defendants were insisting upon them to repair the errors in design at their expense and that the delays were caused by the faulty estimate of the quan - tities required. Defendants gave th m quan- tities which were considerably exceeded, and there was an enormous difference between the amounts called for and those required. The delay was also caused by the eggregious mistake, in s-lecting the place where foundations were to be laid for the pier. The line had to be altered no fewer than five times and each time they had trought the work to the surface of the water. Then they were given a new line ad had to put in more stones in a new place. The delay was also caused by a mis take in surveying, details of which would be given later, whereby the plaintiffs had to pat in 9 inches all over the work, extre filling, extra walls, extra height sto., and
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for which defendants would not pay any.
thing. In consequence of these mistakes in- volving extra work plaintiffs' resources crippled and they could additional men when defendants asked them.
not put
were on the
If those mistakes had not been made plaintiffs would have had the works completed within contract time. Mr. Slade then proceeded to explain the cass in greater detail with the ad of plans, etc.
The hearing was adjourned.
Wednesday, 11th March.
IN SUMMARY JURISDICTION.
BEFORE MR. A. G. WISE (PUISNE JUDGE).
A MISTAKE IN PRINTING.
The Union Trading Company sued the On Log Company for a balance alleged to be dus under a contract in regard to the purchase of goods on commission. Mr. R. F. G. Master of Messrs. Johnson, Stookes and Master. appeared for the plaintiffs and Mr. Grist of Messrs. Wilkinson and Grist, for the defendants.
Mr. Grist said the defendants denied indebtəd- ness in regard to the bottles supplied –$ 498 - because the name was wrongly printed ou the bottles. It was placed upside down and if the defendants used such bottles they would incur the ridicule of the Colony,
Mr. Master argued that the defendants would not suffer through the name being so printed as the bottles were usually hung upside down. His Lordship-The bottle has a flat bottom as it must be intended to stand occasionally,
Mr. Master said the specimen of the name supplied by the defendants had been sent home, since the bottles had arrived defends its had
paid certain moneys on account of the contract.
Mr. Grist said the monoys were paid in repect of other goods supplied. Not one cent had been paid for the bottles. The question was whether his Lordship thought they should tike delivery of bottles that would hold thom up to ridicule.
His Lordship-Not if you repudiated at the proper time. If this was a heither language to the people in England they should have found out what the characters meaut.
Mr. Grist The agents out here ought to have instructed them properly.
Mr. Master said he would call evidence to show that people would buy bottles just the same although the name was upside down,
His Lordship-Thn you had better sell the bottles to them. I hold, at present, that the bottles ara marked wrongly, and that they are meant to stand and not thang.
Judgement was given for defendants.
ALLEGED INFRINGEMENT OF TRADE MARKS.
At the Magistracy on March 6th a summons was heard by Mr. H. H, J. Gompertz against the master of the Kwong Sang shop, 244 Des of the Voux Road Central, for a breach
Mr. M. Ordinance relating to trade marks, W. Slads (iustruoted by Mr. Deacon of Messrs. Deacon, Looker and Deacon) appeared to prosecute, and defendant was represented by Sir Heary Berkeley, K.C. (instructed by Mr G. K. Holmes).
P. S. Watt having given evidence to having served the summons at the Kwong Sang shop on a man who said he was the aster,
Mr. Slade asked for a warrant to issue for the arrest of the defendant-
Sir Henry said he appeared under protest and if the protest were overruled.
Mr. lade-I object. No man can appear without stating for whom he is appearing.
Sir Henry-Yes, he 01. I will give you authority,
His Worship-I would like to hear your authority.
Sir Henry then quoted a certain case, and proceeding, sid-The objection I take in that the summons is invalid because it is not directed to say person by name.
His Worship Nothing has been stated yet. I will hear you as to whether I can hear you.
Sir Heary-I appear for the persons named the masters of the Kwong Sang, to take objec- tion to the ralidity of the summons.
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