"4. 'With regard to the second con tention of the: plaintiffs, may well be. thatthe "Muntelpal' Council, in ordering the discontinuance of the Glecirie. current and. telephone. sere lee from the plaintiffs houses in the
bu a" previous occasion. the suppl Bresont as Felied on the foe tat Of clecirie current to. the premises Fesidents. of the Settlement had Boon discontinued on account of nonpayment. of tax, The party Sgainst against. whom this action was taken applied tothe Court Consuls for relief in a case entitled China. Publishing. Company, Inc. vs Shanshal Municipal Council, decided
action, Inf, which "was ced" fu this "The electric power company was then owned outright by the huni el pat Council ang was subject to ts Complete "control "in all" matters. That ownership. passed to a private corporation. In 1920, "the Court of Consuls, in the Gocision ited above, reasonably held thatthe 'Municipal 'Council had. the ight, to discontinue a public service {cleettie "power) supplied by the Couneil: ikett to. the plaintile. pre-fuses for' non-payment of taxes. Neither' the "Shanghai Power Com Dany "nor the Shanghai. 'Telephone Company' Is now owned or operated bythe Municipal Council, but both presumably function under franc the question whether the right mains in. the changed elreumstances does not arise, since no evidence was submitted to the Court on the ques tion "whether the Munieipat "Couneti does or does not now Porsess a con tractunt elation with the Shanghai Power Company "or" the, Shanghai 'Telephone Company enabling the Council to require either of them to isseontinue their service to custom cre asin means of siding' them
may well be that powers of this folteting 'Municipal "Land 'Ty Mature do. In fact exist. but in. the nbsenec of "evidence of that "fact, ihe Court must find that there is no' evidence that. the Council was position, "vista-vis the utility companies, to give the orders alleged No Damages With respeet_to the question damages, the Court. holds. that {he plaintiff have wrongly withald rayment of the Municloat fond ax: that it has not been established by the. evidence that the Munictpat Council has committed riy "wrong tal fect against the plaintiff, or that the plaintiffs have suffered any material ors or damara. No. damages are therefore payable and it is s0 ordered.
"Rach of the parties will paw their own costs, and the Court costs are {o' be divided into: two equal ports, tne part to be paid by the plaintiffs and the other by the defendant HIM. Police Court
Text read from the printed page and cleaned; old type leaves the occasional error.