CO129-362 - Public Offices - 1909 — Page 560

-WHT:00 CGK &

Juk andalani

J

558

at all, it would appear that His Ilonour blames the British

Consul for not taking a course of action, which, whon

teken by the German Consul, receives his severe con-

didde on bertatɗo ejab od ghe

;

demnation!

As far as I understand the learned Judge's

arguments in his summing up to the Jury in the original

caso and his judgments on the appeals, he considers that i

the German Consul, by obtaining the "sealing" of this

Chinese property, exceeded his authority and that he acted

contrary to Treaty stipulations (Page 77

paragraph 3).

Surely the Chief Justice does not mean to

suggest that we should follow the German Consul's example?

Assuming, however, that the German Consul)s action in this

case was not irregular and ultra vires (And I entirely

W

Law

agree with Mr. Justice Compertz when he says

Reporta page 109 *I think it must be held that the

Consul purported to act in accordance with Treaty rights,

and that being so, I think the construction of the terms

of the Treaty must be left to the contracting powers,

and