Loca} Journal's Claim for Damages for Alleged Wrongful Cutting Off of Electric Current 'The Court of Consuls composed of Mr. E. 8. Cunningham, U. 8. Consul-General and Senior' Consul, Sir Sidney Barton, H. M. Consul-Gener: and Mr, N. Aall, Norwegian Consul General, sat on Tuesday in the U. S. Court room to hear the case of the China Publishing Ca,, Me., proprietors and publishers of the "China Courier," who were the petitioners in action against the Shanghai Municipal Council, Mr. E. S, Cun-bingham was president of the Court, Mr, W, Y. Char represented the petitioners and Mr. Stirling Fessenden appeared for the Shanghai Municipal Council, After Br, Char had read the pléadings in the action which alleged inter aria the wrongful and unlawful discontinuance of the supply of electric power for the petitioner's printing press and the wrongful and unlawful discontinue ance of current operating the petitioner's lights and fans and ti Council's denial of any wrongful act, Mr, Char said that certain statement of facts had been agreed between Mr, Fessenden and himself, This statement was read by counsel and was as follows:—
The Stipulation It is hereby stipulated by counsel for the parties hereto that the following statement of facta is true and correct, and that the same may be Admitted as evidence in the trial of this action without further production of witnesses to prove the same, 1.—That the plaintiff is a eorporaduly organized and doing business under and by virtue of the laws of the State of Delaware, United Btates of America, and resides within the International Settlement of Shanghai, '2-—That by a certain letter dated the 28th day of July, 1927, the defendant. threatened to. discontinue the supply of electric power to the plainti€'s us 3—That the. plainti®? is not in-Aebied to the defendant for the of electric power and electri lighting supplied by the defendant up to July 26, 1927.
'4.—That the plaintiff consumed the electric power supplied by defendant for the Use of operating its printing press and linotype machines in the Publication of its daily newspaper! the *"China Couriex" and its weekly' Publication, the "China Tribune, 5.—The plainti commenced action in this Court against the de fondant by filing with the clerk, the original "Petition of Injunction" to restrain the defendant. from cutting] off the supply of electric power.
6.—That on the last mentioned date the defendant carried out its threat to discontinue the supply of electric power to the plaintiffs pre uses at Ga Hongkong Road, Shang-Ini, and, furthermore, the defendant did cut off the supply of electric current for the running of the plain-its electric Tight and for the use of its electric fans, without any previous notice to the plaintif™ 7—That the plaintiff' did enter into certain contracts with the come mon conditions attached governing! the supply of electricity usually applied to. private consumers with the defendant, and did pay therefor the defendant as deposits, the sum!
Tis, 55 for electric power, and the sum of is. 180 for lighting, 8—That the plaintiff was and stil is ready and willing to pay the 14 er cent. general Municipal rate, but that defendant refused to accept 9.—That when Wing On Company, and Sineere Company, both} British registered concerns, refused to pay the increased rates, the ordinary legal steps were taken with these' concerns at His Britannic Majesty's Supreme Court to settle} this dispute by the usual, establish. ed legal procedure, and that said companies have had electricity supplied to them by the S.M.C.
Evidence Within Pleadings Mix, Char then went on to say that the Council had cut off the power, to lights and fang without notice, but that the Council had given notice. pearance. lof their intention to discontinue the [supply of current to the petitioner's printing press and linotype machines, The reason for this discontinuance:
Jof power was due to the petitioners} refusal to pay the 16 per cent, tax levied by the Council. Counsel' was. [complaining that the "China Courier" had not received the courtesy extended to other newspapers in Shanghai by the police and were denied the facility of being able to jeall at the C, I. D. and obtain in-{formation which was given to other} papers, when Mr. Fessenden objected {to this matter being introduced into the ease on the grounds that it had nothing to do with the case before! isted that he was. merely outlining the evidence he' Proposed to place before the Court when the President remarked that the evidence must be within the limits of the pleadings. Mr. Char] [said that Mr. Fessenden and himself had agreed that the laws of the United States and Great Britain should be argued as they were not familiar with the Norwegian law. Mr, Fessenden said that he was prepared to argue law as the Court! directed.
The first and only witness for the petitioner was then called. He was Mr. Jose B. Chaney, He said that. hho was city editor of the "China Courier" and had joined the paper on March 18 last. He had been writing for six years and had had two and a half years actual experience in newspaper work.
Mr. Char:—Have you ever been able to obtain any news from the Police Criminal Intelligence Department?
Mr. Fessenden:—I object—this has nothing to do with the electricity department.
Mr. Char:—I want to show that! there has been a systematic discrimination by the—Council against the plaintiff in this action. When Wing On and Sincere refused to pay the new tax, their electricity supply was not cut off. They were ued in the British' Court and judgment was recovered, I want to show that there has been a systematic campaign on the part of] the Council aguinst the plaintiff. The C.D, supplied news to all other newspapers but the "Courier' was singled out in a systematic, campaign to put them out of business.
Text read from the printed page and cleaned; old type leaves the occasional error.