WEDNESDAY, AUGUST 4, 1926.
CHEUNG CHAU NOTES
DOINGS ON THE ISLAND SETTLEMENT.
THE ANNUAL MEETING:
[Front Our Own Correspondent.]
heads
HSIUNG HSI-LING.
NOT RECOGNISED IN COURTS PRESENT STATUS.
"
منفعة العيد
THE CHINA MAIL.
The Mixed Court's Status.
BALKANS AGAIN.
POSSIBILITY OF TROUBLE
HINTED.....
MATTER FOR LEAGUE...
Fulgaria.
London, August 3,
He
according to Article 4 of the Re-going. Time and again, vehement gulations for Commercial Com-attacks on the Chinese judicial] panies, the domicile of a company systemp axe made by those for- is the place where its principal eigners who desire to preservo office is located. In the present their extraterritorial privileges, case, the principal, office of the and the Chinese courts, for the IMPORTANT ASSERTION. Wah Chang Company is in Chang-same selfish reason, are often sha, Hunan, and it.admits of no accused of corruption, but I am doubt that in accordance with this not aware of a single instance The "N. C. Daily News" has principle Mr. White should sue wherein such injustice has been received from Mr. Hsiung Hsi-the Company in Changsha. Fur- committed by a Chinese court. Cheung Chau. Aug. 2..
The possibility of trouble in the The mention of typhoons reling, writing from Nanking on thermore, some of the directors in making the foregoing observa Balkans is indicated by questions calls to the memory of some that July 25, the following statement of the company resided in that tion 1, confine myself merely to in the House of Commons 'haking of 1908 which was the first year in regard to his recent arrest by city, some in Peking and still pointing out the glaring errors whether stops will be taken to of the settlement.
order of the Mixed Court in con- some stayed in Shanghai. Assum-which the Mixed Court has made prevent Yugo-Slav troops entering Three houses survived the nection with the Wah Changing for the sake of argument that in applying the law, ordeal and a severe though neces- case. The statement is published the directors were jointly or in-
Mr. G. Locker-Lampson, Under matter of with the usual reservations as to dividually liable in the present sary lesson, in the
Secretary of State för Foreign strong construction, was taught opinions and assertions contained case, suits against the directors,
I want to avail myself of this Affairs in reply, said that there is to, the pioneers, who for the most which apply to all letters to the as required by the "but" clause of opportunity to give my views on no reason to suppose that troppa had part were nothing daunted, and Editor.
Article 32 of the Regulations the legal status of the Mixed yet entered. Bulgaria as the result did not lose faith in the possibi- While I was passing through Governing the Civil Procedure, Court. The Mixed Court was of the recent Comifadjia incident. lities of the place they had Shanghai on official business, the should be instituted in the place catablished pursuant to the Yang- He added that the Government was selected.
Anti-Opium Association, on ac- where the common special forum kingpang Regulations enacted in closely watching the situa- As regards the sister settle-count of my interest in its work, is. In the present case there is the 6th Year of Tung Chih. Itstton. There was reason to suppose ment, on Lantau, the friends who held a meeting in my honour on no doubt that the common special officers were appointed by the that Yugo-Slay forces would be or- are camping there have had their June 28. Unexpectedly, as forum is located in Changsha. Thotal of Shanghai and its ex-dered to pursue any Macedonian
in the clouds for some alighted from my motor car in Notwithstanding this, Mr. White, penses were defrayed by the hands crossing the irontier. time except for a day or two when front of the Association to attend in defiance of the established Chinese Government, and to all understood that the Yugo-Slav. the "houselets" were visible, the meeting, there came a foreign legal principles of the country appearances, it was a Chinese Government proposed to bring the from Cheung Chau.
police inspector saying that my and the provisions in Chinese court. During the Revolution of matter to the notice of the Lengue Social and Personal. presence at the Mixed Court was statuary law, instituted a suit in 1911, the Consular Body at of Nations.-"Beuter. The Rey and Mrs. Thomas needed in connection with the the Mixed Court of the Inter-Shanghai, taking advantage of from Hainan are occupying No. case of Mr. T. C. White against national Settlement at Shanghai China's internal disorder, snatch- 4 for this month. The Rev, and the Wah Chang Mining and which has no vestige of jurisdic-ed the Court out of the control of Mrs. Clayson came in last week Smelting Company, Limited, tion in the Wah Chang case at all. the Chinese." From that time on. to No. 6. The Rev. and Mrs. Then he showed to me a warrant
In the first judgment in Eng. although nominally it McKay will shortly take up their of arrest, ard, when my friends lish, after having briefly referred Chinese court, the Mixed Court abode in No. 9. Dr. and Mrs. asked whether he would wait until to the objection raised by the dehas in reality been a subordinate "Cadbury are using their own after the welcome meeting was fendant directors to the exercise organ of the foreign Municipal house this month. No. 26 will over, theisted that should accom- of jurisdiction ever them by the Council and the Consular Body also be re-opened.
pany him to the Court at once. Mixed Court, the Court, without and its offices, have been but their Within the past few months In the circumstances I had no giving any reason, aimply handed paid employees, Furthermore, many of the house owners have alternative other than to accede down a ruling that it had juris-the laws which the Court actual-
Mr. Harvey Firestone," son of been "mending their ways," this to his demand and accompany him diction in the case, but the judgy appiles are of a varying nature the well-known rubber manufac- being a great improvement to the to the Court immediately. In ment in Chinese even made no
inasmuch as both Chinese and order to recover my freedom, I mention whatsoever of so serious the same time. The result is that rubber outlook in the Philippines, foreign laws. are often used at turer, has beer discussing the road mer also have been busy but was obliged to give bail of Tls. a matter as that of jurisdiction. the people are at a loss to, know with President Coolidge. He says there are still certain parts that 10.000. When this outrage was If such a rule as the Mixed Court which law they should follow that he found during his recent
care and attention, known to the public, strong pro-followed in deciding the question what is worse, all cases, either visit to the Southern Islands of || Many of the damaged trees are tests against it were sent to the of jurisdiction in the present case yet bending their heads in mute authorities concerned by public be carried out to its logical conclu civil or criminal, are finally dis- the Philippines 25 million acres or waste land suitable for rubber- supplication for support in their organisations, and at the same sion, the Mixed Court may con- rendered, with no facilities pro- growing. He is of opinion that if
posed of once a judgment is time of weakness.
time I received many messages offer upon itself the power to ex- Well attended lectures
the legislation now pending per- are sympathy from my friends all tend its jurisdiction all over
vided for appeal.
mitting a single company to being held twice a week at the over China. For these expres- China, and any Chinese made de- Unrecognised in China.
secure over 2,500 acres, which is home of Dr. Clift and much useful stone of solicitude about me, I fendant in the Court may thus be
Fortunately -Our- judicial the present-limit, is-passed-by information on the uses of com-e most grateful
authorities have not accorded the the Philippines Legislature, there Mixed Court legal recognition.will be enough rubber grown, According to the decisions of the there in due time to supply the en- Supreme Court, all the judgments tire United States' requirements. of no validity. The Ministry of rendered by the Mixed Court areRenter.
structions to all the judicial tri- Justice has repeatedly given in
bunals throughout the country
approach to their houses.
need their
#i
The
mon and well-known drugs is being imparted by the doctor, who has earned the grateful thanks of those who attend. House No. 6 has changed hands, being pur- chased by a missionary now re- siding on the island.
· ANNUAL MEETING.
x
J
towards it.
subjected to civil or criminal liability as a result of a judgment rendered therein by default.
execute the
was
Д
TRY
1L
RUBBER NEEDS.
THE OUTLOOK IN THE PHILIPPINES.
SUITABLE WASTE LAND
New York, Apr. 3.
Vitell
RUPEE FIXED.
STABILISATION AT 1/6.
London, Aug. 8. mendations of the Royal Commis- In accordance with the recom-
sion on Indian Currency and Finance, the Indian Government
VOCAL
Columbia
New
process RECORDS
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Washington, July 27.
Long Involved Case. The Wah Chang case has been pending in the Mixed Court for a
A Décision Ultra Vires. number of years and cannot be considered as having been settled. question of jurisdiction the Mix
After having thus decided the The facts of the ease are very ed Court awarded the judgment much involved and are not gen-in your of Mr. White, whereby erally known to the public. I will not only was the Wah Chang forbidding them to give to the give below a brief statement of Company liable for an them; my position in regard to proximate sum of $300,000, but|
Mixed Court any judicial assist- "New Officers Elected, the case, and my present attitude the duty was imposed upon the ance. Thus, it is seen that the The annual meeting of the American citizen, claimed to be a to
Mr. T. C. White, an directors of assisting the plaintiff Mixed Court as such has no legal status in the eyes of Chinese law. judgment (al-, Chenny Chau Residents Associn- former employee of the Wah though the directors were declar-Suffice it to say that it is an tion was held this morning in the Chang Company of Changsha,ed by the Court to be not person- illegal tribunal. Assembly Hall
Hunan. In 1921, Mr. Yang Tually responsible). The decision
The Ministry of Justice has We note an improvement in the General Manager of the Company, is clearly in violation of the Re- ruled that the Mixed Court has no intends to proceed forthwith with latter in the matter of installing without the consent of the Board gulations Relating to the Civil jurisdiction in the Wah Chang the stabilisation of the rupee of four high power lamps for the of Directors, made two contracts. Procedure and the principles ur-case and over me. I, as a citizen 1/6 gold.—Reuter. night meetings formerly each one engaging Mr. White as derlying the Company Law, household supplied the illumina- Manager for a period of five years is astonishing to find this travesty duty to accept the decision of my It of the Chinese Republic, have the tion with their hand lanterns. at an annual salary of $25,000 of justice and I cannot under- Government. Accordingly I have AMERICAN VETERAN
The usual routine of the meet- Gold plus the income tax of the stand how such a decision could telegraphed to the Commissioner ing was proceeded with, special American Government on the have been reached. Subsequently, of Foreign Affairs at Shanghai mention being made of the help salary and plus the travelling ex-in the fourth judgment, the Court asking him to withdraw rendered by Sub-Inspector Lane penses of himself and his family, ordered that the failure of any motion for a hearing which I filed and later by Sub-Inspector Car-and another contract whereby the active assistance being given by previously so as to be in accord penter, whom we regret to say, Wah Chang Company borrowed the defendant directors in the with the instructions from the Between 15 and 20,000 American will shortly be leaving us. The the sum of $50,000 Chinese cur- execution of the judgment would judicial authorities. I learn that veterans who served in France recent visit of H.E. the Governor rency from Mr. White to pay his render them liable to arrest for at the last hearing the lawyer for during the World war are expected was also referred to.
own salary one year in advance. contempt and that the defendant the plaintiff injured whether my The chair was taken by the pre. Nor were these contracts subae-directors, Hsiung Hsi-ling and Tso absence was due to the high to make the trip to France and the sident, the Rev. J. A. Kempf.quently ratified. When the Chung-shu, until the election of the new pre- Board of Directors discovered brought before
arrested and official position I hold and whe-Continent when their military or sident, Mr. A. C. Franklin, who their existence, it refused to re- should be pointed out that inas- to be above the law. In answer Paris in 1927.
it. Here it ther I occupy such a position as holds its annual convention in then took charge.
cognise them. Other officials elected were: White was well aware of the fact myself were not managers of the phatically that, as a citizen of the veterans and their
Although Mr. much as Mr. Tao Chung-shu and thereto, I want
em-ships to 1st vice-president, Mr. L. M. that Mr. Yang Tu had Whyte; 2nd vice-president, the authorisation to commit the com- with the safe-keeping of the com- to abide by the law and that on committee of, Legionnaires.
no company, nor were we entrusted Republic of China, I have the duty families now being arranged by a Rev. Rodine; hon secretary pany to so important an under-pany's property, it was impossible account of my high official posi- and treasurer, Dr. H. L. Clift; taking and the company was fin- for us to assist the plaintiff to tion there are more reasons why I make the pilgrimage are far beyond recreation committee: Rey Jancially unable to carry out the execute the judgment. Further should obey the law to the letter the number that the American Lowe, Rev. A. Bray, Mrs. Wright, same undertaking as it had pre- mere, before the rendering of the in order to set an example for ships running to Europe could Mrs. Johnson and Mias Jones; viously mortgaged all of its pro- Fourth judgment, the Mixed Court others, but the law that I deem handle, even though they should all religious service committee: Rev. perty, yet in total disregard of in a letter to the Commissioner it my duty to obey la Chinese law be chartered at once. Class dia G. Rodine. Mra. Clift, Rev. W. M. this he concluded the agreements. of Foreign Affairs at Shanghai and not the law of a court, the tinctions during the trip are to be Robb, Rev. E. Carne and Miss It was obvious that there must requested him to transmit a legal status of which is under done away with, so that it is neces- Banks; medical committee: Dr. have been a missing link in the summons to me through the Court dispute. J. M. Wright, Dr. H. L. Clift, Dr.whole trasaction. Therefore it at Tientsin. As the Mixed Court
sary for the ships used to be the Cook and Dr. Bailey,
The Order I Will Obey, follows that these contracts were failed to give my address in the The order which I will obey is where all passengers have the run. type known "Cabin Ships" that is but personal agreements Arrangements were made for between Mr. Yang Tu and Mr. its reply asked to be informed as lished under the law of the Chin-state the use of many foreign own- as summons, the Tientsin Court in the order of a legal court estab- of the entire ship. This will neces the upkeep of the bathing mat- White. It was highly question to my Tientsin address, but no ese Republic and not the order of ed ships, which immediately raises shed and the construction of an able whether the Wah Chang answer has since been received a court which is under the control the question of "wet or dry," incinerator for the rubbish. Company could be legally respon- from the Mixed Court,
At the conclusion of the meet-sible for a personal act of its Gen other hand I have been residing in and the Shanghai Consular Body. eign fingged boats are wet, beyond On the of the Shanghai Municipal Council | American owned ships are dry, for- ing,
a meeting of the house eral Manager. One thing, how- Peking all along and not in Tien- I have given considerable atten- the 12 mile limit."United Preas."
held and trustees ever, was sure. That is that the tsin. I could have no knowledge tion to the question as to which were elected Heavy squalls of Wah Chang Company was incor- of the summons, to say nothing law I should obey, the law of my rain were experienced during the porated under Chinese law as a of the possibility of my rendering own country or the law of the night and after the conclusion of limited company, and the direct any assistance in the carrying out Mixed Court, the order of the the meetings.
tors of it could not be held jointly of the judgment,
owners was
nt
*
'QUAKE SHOCK. TEMPORARY SCARE ÎN TOKYO.
Tokyo, August 3.
An unusually severe earthquake
or individually liable with the
company for its debts. In spite of
be
Wherein the Slight?
to declare
Ministry of Justice or the order of the Mixed Court. I have con- cluded, in order to protect the
ganisation, the American Legion,
The question of take and return the wives and
11
The estimated number who will
JUDGE SANTOS.
RETURNS TO MANILA IN
SEPTEMBER....
Washington, July 28. the Judge Jose Abad Santos, mem-
this, Mr. White brought suits; The subsequent decision of the national rights of China, that the against the company, its directors Mixed Court that we had slighted only course for me to adopt is to (I was one of them) and some its judgment came as a real sur-accept the decision of shareholders at the Mixed Court prise. The accusation of the Supreme Court and obey the in- ber of the special Philippine as joint defendants. This prose plaintiff that the directors of the structions of the Ministry of mission to the United States, cution has put us all in a kind of company at Peking and Shanghai Justice, Any other step will lead said that he had booked passage 6.30 to-night frightened the legal morass out of which even were suspected to have asked the to the loss of judicial rights, an for Manila by way of Honolulu, people of Tokyo, who ran out of up to the present we have not company in Changsha to show essential attribute of a sovereign and would leave San Frascisco buildings.
yet been able to extract ourselves, contempt for the Mixed Court and government, and would be an in- on August 21. Reports from various pointa,
Such are the brief facts of the ignore its judgment was mention-sult to the high dignity of the show that a large area was affect case.
ed by Magistrate Kuan in his let- Chinese judiciary.
He expressed the belief that ed. A railway bridge, being con- The Question of Jurisdiction. ter to the Commissioner of
the next session of Congress Nanking, July 25, 1926. structed at a Tokyo suburb, was What I wish to emphasise, Foreign Affairs dated July 9 as
would be of exceptional Import- damaged; landslides are reported however, is the question of one of the reasor for the issue
ance with reference to legislation at Yokosuka and telephonie com jurisdiction in the case. It has of a warrant for my arrest, and
affecting the Philippines and sald munication is upset temporarily been a settled principle of all it is certainly beyond my belief to to-morrow from Europe by a.. ought to be present in Washing Passengers due to arrive here that an unusually strong mission modern civilised law that in civil see how the Mixed Court could "Kalyan" Include Lieut. K. M. P. ton next December to present the cases jurisdiction follows the have considered this one-sided se Edwards, R.N., Lieut. T. W. Filipino case. domicile, of the defendant and de- cusation so seriously as to issue Graham, RN Lieut R CD. tailed provisions to the same the warrant. I would like to Grimes, R.N., Mr. and Mr. W. T. effect are found in our Governow more definitely wherein I Hughes and child, Comdr. A ment Regulations Relating to the have slighted the Judgment of Foland, D.3.0.. RN Lieut. FA Civil Procedure. Such provisions the Court. In spite of my limit Pigou, R.N., Lieut. H. Cop are binding upon all Chinese ed legal knowledge I can see no RN. Mr. and Mrs Her President opening the way to courts throughout the length and Jurisdiction for the decision of the Warren and Infant, Mr. GM breadth of the Republic. Again, Court as mentioned in the fore- Wilford.
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