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Further Submissions,
At the conclusion of this de- cision, His Worship intimated that he was prepared to hear Mr. Shel- don further. T
SATURDAY, JANUARY 28, 1928.
RIGHT TO CUSTOMS CONTROL.
NATIONALIST FINANCE ·
MINISTER'S CLAIM. *
A sudden ending has occurred to the ease in which the Cantor
Counsel replied that ho would
Shanghai, Jan. 27. Government of General Li Chat-like to say a few words before the
Mr. T. V. Soong, the Nationalist sum was seeking the extradition caso finally closed. The esso fron of two officials connected with the which that extract was taken, with Finance Minister, in a statement Inte "Ironsides" regime, on which he was familiar, diffèrod to Reuter said: "As the Nation- charges of misappropriation of from the present case only to this list Government controls 16 out! funds belonging to the Contral extent. From the Chief Justice's of the 21 provinces of China, Bank of Canton, of which they judgment on Page 47, the words which are producing nearly 70 per were the, Governor and Cashier are to remit money to Nanklag cont, of the customs revenue, and for military purposes." That, as the authorities in control of respectively during that period, '
Following on the discharge of Counsel thought, must be taken to Peking no longer represent the Chiu J'ok-ghan;
second mean for somo military purpose or legal successor of the former Government, the fugitive, on the production of some purpose allied with some recognised
military faction.
Nationalist Government clearly birth certifientes, at a previous
cannot recognise the right of any hearing, the other man, Won
other authorities independently to Chung-chu, who is described aga former Commissioner of Finance,
exercise control of the customs
12000.
said:
the
In this case, the moneys were lo be remitted to Chiang Kai-shek and T. V. Soong, who however, as Coun-
whs discharged yesterday after-al had indicated in his opening, administration, or to appoint an were holding no political office agent to exercise such control- In his decision, Mr. Lindsell either In the Canton Government Kenter,
or in the Nanking Government. "The ease obviously approxi-This was the only difference to mates very closely to that of which Chung Shau-nam referred to yes- Lerday by Counsel on both sides. While that case is authority for Mr. Sheldon's contention that the ownership of the moneys removed by the present fugitive may still vest in the Provincial Government
Counsel had referred. Apart from the position of the Counsel did not intend to reiterate fugitive, as Treasurer of the Pro- the evidence, but if His Worship vince of Kwangtung, and the mo found that either of these two were lives which may have led him to holding a political office at the remit the money to another place, material time, the onus would be it could not be held that he was on the fugitive to prove the poli- keeping one cent of that big.sum ical character of his act. It was for himself. a very important subject that was of Kwong Tung and that appro-involved, because it was not only priation thereof by a member of a faction which had temporarily the liberty of the fugitive that was Gusted that Government might in at stake but it was also the Magis trate's juridication of rights be cortain circumstances amount lo Arreny, it is, however, abundant!;tween nationals of China and
Great Britain, clear that the decision of the Full Court affirming the Magistrate's committal of Chung Shau-num 'was based on the fact that that fugitive had deliberately and wickedly con- verted to his own use the moneya entrusted to him.
Courel referred to certain tra- vesties existent in the legal pre- ceedings, and submitted that it was further immaterial where the money went to, if the fugitive was not appropriating one cent of it for himself.
Counsel asked his Worship to add a footnote to the decision al ready given to clear up the charac- ter of the fugitive on this point.
Magistrate's Footnote.
Political Character. His Worship, said Counsel, had doubtless considered the various aspects. If the man's offence- and Counsel still maintained none
His Worship said that on what "In the present case there is no the less that it was larceny came was revealed in Mr. Sheldon's allegation whatever of any such under the definition of the Judge's conversion. Indeed Mr. Sheldon's finding in Cantione's well-known pening, he agreed with Mr. Potter- opening admits that repeated at-case, then it established the poli-that there was no evidence for the tempts were made to transfer the teal character of the act. But Worship agreed to append a fugitive to be guilty of Inreeny. moneys which this fugitive is if on further consideration, his footnote to his decision to this ef- charged with stealing from the cof-Worship, should find that it was feet and did so as follows: fers of another Chinese adminis- crime incidental ts and forming
"I am further satisfied that the tration at Shanghai and Nanking, part of political disturbances-
"In the report of Chung Shau-which was a definition of political pening of the case for the Croir
reveals no evidence whatever of nam's pase there are two most ma crime in the Ordinance-then his arceny at English Law. In See- terial passages bearing on this Worship would take whatever action 1 of the Larceny Act 1916 (6 point. In the Chief Justice's find- tion that still remained to him. ing (at p.47) these words occur:| Counsel said he need not address and 7 Geo. V. C. 50) a clear de- finition of larceny or stealing is There is not therefore any evidence his Worship further in the matters laid down-person is deemed to upon which this Court can and which had been raised, that the intention (.e. of the fugi. His Worship: I am satisfied steal who without the consent of the owner, fraudulently and with- Live) was to remit the money to that my view of the law and the out any claim of right made in good Nanking for military purposes. If decision. is correct. The fugitive faith, takes and carries away any- there had been any reliable evi-is entitled to be discharged, and thing capable of being stolen, with dence in support of it I am not pre- he is discharged,
intent, at the time of taking per- pared to say that in the state of Mr. Sheldon: Will your Wor- affairs then existent in China, it ship hand down a judgment to that anently to deprive the owner;
thereof," effect? may not have been regarded as a political offence within the au- thorities laid down in "Castione's case and in re- Meunier."!!
"That part of the Puisno Judge's finding on p. 57 that covers this same point is far stronger. It is, I suppose, unquestioned that if the fugitive had applied the money,
Is Worship: Am I read it to you just now? Yes, certainly.
Too Narrow a Plane.
Kowloon Hairdressing Saloon. the subject matter of this charge, had made, pointed out that His in good faith? In my opinion,
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to subsidise the rebellion, hk can- duct, though probably a crime in China, would be held in our Courts a political offence and not the sub. ject of extrudition.'«
"In view of these dicta obiter though they may have boon, I 'enn- not see, Mr. Sheldon, what, ease has been revealed by your opening for this fugitive to answer.
"It may be admitted that fugitive without consent took and carried away certain moneys bolenging to the present Canton Provincial Gov. ernment with intent permanently Mr. Eldon Potter while express to deprive that Government there- ing his Appreciation of the good, of, but what evidenco is disclosed perfectly sound," and unassailable that he did so fraudulently and decision In law which his Worship without any claim of right made
Worship had put the case on a nar-none. On the contrary, the evi-· rower plane than he (Mr. Pditor) | Bence which the Crown proposed to bad put it. This was that even call'would obviously have establish- if it were a political offence ared not only that fugitive's action otherwise, leaving the political was free from fraud or deceit, and character out of the case altoge that his Intentions throughout ther-there had been absolutely no were honourable, but also that evidence for his Worship to give what he did was based on a dona to the jury in a higher Court, of file claim of right. Fugitive dia- larceny.
charged."
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-REPRESENTATIVE REDUCTIONS-
Summit
DAY SHIRTS.
French Print, sold usually. at $8.50
are now $4.50 Broken ranges of Zephyr, usually sold at $8.50 in $10.50.
TO CLEAR AT $4,50 Two collars to match each shirt.
SOCKS
Cotton, Wool and Mixtures. All sizes. Regular price $200 to $2.75
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OVERCOATS
Smart coats, usually sold ́ ut $75.00
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DRESSING
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Summit
DRESS SHIRTS
Stiff Fronts, 2 stud holes usual price $6.50
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PYJAMAS
Ceylon flannel in smart stripes. Regular price $8.50...
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F
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