1937-06-10 — Page 10

HAD

$3.50

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THE CHÍNA MAIL, JUNE. 10, 1937.

The China Mail

EAU DU COLOGNE Ninety-Second Year of Publication

BA Wyndham Street, Hong Kong Telephone 20022. London Office: 7, Garrick Street, London, W.C.2

TRIPLE EXTRACT

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EXQUISITE AROMA AND

LASTING FRAGRANCE

COOLING

REFRESHING &

Notice To Contributors.

[în Ceylon, the reflections on the present day problems of Gov- ernment of so sober-minded and 80 eminent a statesman as Barl his new title, come as a splendid Baldwin of Bewdley, to give him

assurance to those who still be- lieve in the fundamentals of liberal democracy. At an Albert Hall rally of Empire youth, Earl All® communications intended for Baldwin decried in emphatic publication should be addressed to terms the new despotism, which the Editor, and be accompanied by he aptly termed the Divine Right the Writer's Name and Address, of States. To the new Earl and not necessarily for insertion but to all lovers of liberty it is plain that no State is ever worthy of as a guarantee of good faith.

a free man's worship. It is this glorification of the State at the expense of the individuals com- posing it whether it be of the Fascist or Bolshevist line that has been the most potent cause of war and civil dissension în modern times. The present

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HABEAS CORPUS

the outcome of a seemingly in- evitable conflict of ideologies, . both of which regard the per- sonification of the State as a Lengthy habeas corpus pro-ascrosanct godhead. No country ceedings in the Bracegirdle affair

in Colombo revealed the interest can be certain that it will not be ing fact that the Order-in-Coun- placed in the same unfortunate

position as Spain. cil under which Sir Edward Stubbs ventured to authorise ex- pulsion of the young Australian Every generation refurbishes Socialist is framed in precisely its political ideals, and is con- the same wording as the Hongstantly experimenting with new Kong Order-in-Council conferring patterns. Even that most stable similar powers, and was, indeed, of constitutions, the British, has made at the same time. The undergone more or less radical Order was made by Her Majesty changes since Bagehot wrote his Queen Victoria in Council in famous analysis of it. Liberty. 1896 and applies not only to Cey- everywhere has to be buttressed: lon, but also to Malta, St. Lucia, by eternal vigilance, and had the Sierra Leone, the Straits Settle people of Britain not viewed with ments and Hong Kong. The rul- extreme distrust the tendency ing of the Chief Justice in Ceylon for the bureaucracy to encroach has, therefore, as suggested in on legitimate preserves of demo- this column a fortnight ago, cratic government, the British much more than a purely local Empire too, to use the pictures- interest.

que phraseology of General

"There is no doubt that in Smuts, might have "struck its British territory there is the tents and got on the march, fundamental principal of law though by no means certain that enshrined in Magna Carta that it will march forward to a Pro- no person can be deprived of his mised Land or backward to a liberty except by judicial pro- wilderness of suffering and sor- cess," declared the Chief Justice, row." Earl Baldwin's appeal to who went on to find that the the common men of the Empire Governor's order for the expul- to treasure jealously the price- sion of Bracegirdle was invalid less possession of personal liber- on the ground that the powers ty is as timely as it is forcible. conferred by the Order-in-Coun- It largely depends on Britain and cil were meant to be exercised those countries into which Bri- only in times of "emergency," tish political institutions have which was defined as a state of penetrated, whether democracy war or grave civil disturbance. is to survive and expand or to In short, the illuminating inter-perish utterly. pretations of the law on the sub- ject in the judgments confirm the conclusion, which even the lay mind had no hesitation in reaching, that so drastic an Or-

der could not be invoked in nor- A Lost Local Authority mal times. An unprecedented situation was created by Ceylon's

Voters who fail to go to the Governor having acted on the ad-polling-booth at local elections vice of those who presumably re-

are often criticised by those who fused to be guided by the plain language of the law or who hare more careful to comply with caught the infection of hyster-what would the better sort say their civic responsibilities. But ical panic. The judgment of the about the village of Olpe, în. Supreme Court may be regarded Kansas? A certain day last by some as a slap in the face of month was the official date for dictatorial arrogance. Its chief

of @mayors and the elections lesson is that personal liberty cannot be invaded at the whim councillors in the smaller towns of the Executive in Ceylon or there was no election at Olpe

and villages of the State. But any other part of the British because the city officials had for- Empire. That is the vital prin- gotten all about it! They only ciple which was threatened and has now been upheld,

Divine Right Of States

woke up to their oversight on the following day, and Olpe now finds itself in a curious-position. It has no administrative body, as none has been elected, and-no election except on the appointed day is valid. What can be c

about it? The city fathom done

at a loss, and have appealed to At a time when the protection the Attorney General to help the personal liberty of the them to find some way out of the subject has just been emphasised deadlock.