1913-06-18 — Page 3

THE SOTTO EXTRADITION CASE.

The proceedings in the matter of an application for the surrender of Vicanto Sotto, the editor of the Philippine Republic, to the American Government, on a charge of abduction at Cebu, within the jurisdiction of the United States, were continued before Mr. F, A. Hazeland at the Magistracy yesterday.

Mr. P. M. Hodgson (Crown Solicitor) appeared in support of the application; Mr. Reader Harris (of Messrs. Wilkinson & Grist) represented the American Gov- ernment, and Mr. G. K. Hall Brutton appeared for the defendant.

The cross-examination of the American Consul-General, Mr. G. E. Anderson, by Mr. Brutton was resumed yesterday.

Mr. Brutton asked :--

Will you produce the 'Penal Code in force in the Philippines, plense-Yes.

Is that Code tho súde us was in fore? when Spain was in possession of the Islands 1-I am not certain, but I should say that it is a translation of the Spanish Code, with cerain additions.

Is it not a translation from the Spanish into English of the Spanish" Penal Code which was in force in the Philippines I have not compared the two.. know what the title pago indicates."

Do you put this in as the Penal Code in force in the Philippines - Yes.

only

*

Has this Code bren, in force since the Islands were ceded to the United States

I think so, except possibly some change or limitations, under military govern ment.

Do you know anyone employed by the Government of the Philippine Islands named Colonel Crame-No, I do not.

THE HONGKONG DAILY PRESS, WEDNESDAY, JUNE 18ra, 1918.

came under the liberties and rights ex tended to Consul Generals therein, and that correspondenes and papers between 2. Conunktionerat in his official capacity and his Government were of their very nature secret and official dealings which the Government must be able to have when Consuls were duly appointed, by virtue of that function..

His Worship-I should like to consider this matter,

Mr. Brutton continued?—

You know, do you not, Consul-General, that the defendant is an editor of a paper called the Philippine Republic --

have been so informed.

And do you know that in that paper he is always advocating the independence of the Philippines-I have seen two. numbers of the paper. I do not know.

But have you not heard that he does?- Yes, I have heard-90--

Have you heard that that paper is largely read by the natives of the Philip. pine islands -I cannot say that I have.

Can you say that you have not-No, I have given the matter no attention.

|

|

For what purposes did the judgment of the Federal Supreme Court in that case hold that the Philippines bad not been incorporated into the United States For the purpose of extending Constitu tional rights such as that to a trial by jury.

Mr. Brutton-Perhaps your Worship would ask a question arising out of the Consul-General's long answer as to pass. ports-Whether a Filipins applying to the United States Consulate in Hongkong of necessity gets a passport

SHAMEEN MUNICIPAL COUNCIL

Minutes of a Committee faceting held. on 12th June.

YUAN SHIH-KAI AND THE SOUTHERN PARTY.

VIEWS OF LI YUAN-HUNG.

[FROM THE TIMES

CORRESPONDENT.] Present:-Messrs. L. H. Gilman (chair-

HANKOW, May 6th, man), G. W. Carey, R. C. Martin and Mr. R. T. Matheson (secretary),

Sun Yat-sen, with whom I had two long The minutes of last meating wore read conversations in Shanghai a few days ago, and confirmed:-

assured rae on both occasions that the Kuo-min-tang-the Southern revolution-

POLICE.

A letter was read from Mr. G. H.ary party had decided to insist upon Yuan Shih-kai's retirement even at the Williams, H.B.M. Consular Constable, cost of civil war. Yesterday I had a applying for the position of Assistant to conversation with General Li Yuan-hung, The Clonetal-General-He gets one under the Superintendent of Police, a position as a result of which I am able to quote definito statements regarding his attitude exactly the same circumstances as farmerly held by the present Super towards both parties. The general is in citizen of the United States. A citizen of intendent when he was Consular Con-command of 50,000 trained troops, a force the United States does not necessarily get stable. The Chairman stated that H.B.M. sufficiently large to give his opinious con- one.

Consul-General had expressed his willing. siderable weight at the present juncture. They were expressed clearly and precisely, ness to allow Mr. Williams to take up the without evasion or cireuralocution of any position in conjunction with his present kind. Asked whether he was in sympathy duties and had also given him a good with the Kuo-min-tang's attitude, he character, and after some discussion it

replied was decided to appoint Mr. Williams from the 1st July, at $10 per month.

Mr. Edward Barnett, a merchant, stated that the defendant was the person alleged to have been convicted of abduc tion in the Philippines in the latter part of November or the early part of Decen- ber

The hearing was adjourned.

UNIVERSITIES AND BUSINESS.

OXFORD'S NEW DIPLOMA

was

Have you heard that in that paper the

In a Congregation held at Oxford on Editor (the defendant) has denounced and the 13th ultimo the preamble of a statute still depoauces the American employees establishing a diploms for persons intend of the Government of the Philippineing to pursue a business' earcer Islands -I can't say that I have. I have brought forward. paid no nitention whatever to the paper. Has the United States any Colonies or Dependencies-No; unless unorganised territories might be referred to as such. Our Constitution (Mr. Brutto-Oh! He's off again :)--makes no provision for any such possession except as territory of the United States.

OPIUME

The Chairman reported that further raids had been made since last meeting, These resulting in the arrest of 12 men. men had been handed over to the Chinese Authorities for punishment, and it is hoped that the treatment they are likely to receive will act as a deterrent to other would-be lawbreakers,

I am very far-from-being maxmpathy. with it. I consider that they are behaving at once wrongly and foolishly-wrongly heenuse. Yuan's complicity in the Sung murder is not yet proved; foolishly because er n if it were they are powerless to burn him out by force of arms.

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He proceeded to outline the military situation, dwelling on the fact that he himself was in command of four divisions, the first, second, third, and sixth, and assuring me that in the event of civil war and skill can produce. resulting from the murder question and the signature of the loan he would. unhesitatingly side with Yuan Shih-kai, Equally important was his statement to the effect that if Kwangtung sent a Cantonese army, north the province woul! be attacked from Kwangai by General Lang Chi-kuang-the man who more than allthers kept. Canton in order through out the greater part of 1912. A Chinese newspaper, the Chung Hin Min Pan recently asserted that, in spite of appear- anece, sceret animosity existed between the General and Yuan Shih-kai. It even A letter was rend from Mr. M. Steger went so far as to say tant recent plöts

signed as there were several minor altera tions to be made, When these are agreed upon the lease will be redrafted and

Mr. P. E. Matheson, Fellow of New College, in moving its adoption, said in the last few years increasing demands

FIRE BRIGADE STATION. had been made upon beth Oxford and

The Chairman reported that the lease Cambridge for men who had taken a University course for business. Of course, for the ground floor had not yet been they all admitted that a University education alone was not going to qualify o man for business; but it was thought that for a certain number of men it was desirable to make the sinily of economies and political science such that when they got to their business they might look upon it with some scientific knowledge of the groundwork on which it was based. It Downs thought proper that there should be some scientific study of the principles of banking, accounting, and the law of con- tracts; and also that for a diploma of this kind the student should be familiar with at least one modern language beside his

Might I remind you that in the deposi- Do you know anyone of that name in tions already in you said they had-none? connection with the Philippines ~~No, I | —That's just 'what I have said. don't think I have ever heard the name.

But you qualified it very largely. Have you ever heard of Colonel Haryou say that the Philippines form" a board ---No.

Or of Major Guthrie No. Have you had any correspondence with the Police Department of the Philippines with regard to Vicente Sotto I decline to auswer that question.

Mr. Brutton-But I want an answer to | that question.

His Worship (to the Crown Solicitor)-- Have you any objection f

The Crown Solicitor-I do not object to the Consul General saying whether he has had correspondence or not, but I shall object most strongly to the production of any such correspondence.

Colony or Dependeney 1--No.

Mr. Brutton-Then they cannot be referred to us unorganized territory?

His Worship-No, I do not take the answer like that.

The Consul-General-I have already testified · that the Philippines are an *unorganised territory!!

This concluded Mr. Brutton's cross examination, and the Crown Solicitor re-examined the witness. He asked:

You gave evidence at the Police Court in 1912 in certain proceedings. Were these proceedings against this man?--Yes. *You have been asked whether any Acts The Consul-General-1 object to the have been extended by Congress to the question. I believe it treads on privi-Phiippine Islands-- lcged mutter

the Consul-

- Mr. Bratton-Have y···

General of the United States in Hong kong, had any correspondence with the Government of the Philippine Islanda or with the Constabulary with regard to the defendant ?---The answer is the same as before. I have correspondence going on with the Government with regard to extradition proceedings only.

Mr. Brutton-I call for the production of that correspondence.

The Crown Solicitor-1 decline to pro- duce it.

His Worship-On what grounds. The Crown Solicitor On the ground that it is privileged, obvinnaiy,

His Worship-Are you satisfied. Mr. Brutton

OWAL.

signed.

BEMBER OF COMMITTER.

resigning his position on the Committee against the general's life and tenure of

office were fomented. from Peking. owing to his departure for Hongkong.referred to this, and Li Yuan-hung A inveling of ratepayers will shortly be replied: called to appoint a successor.

HEALTH.

The Chairman stated that a case of The President of Corpus (Mr. T. Case) said he was opposed to the Statute on small-pox had occurred on the British The Medical Officer had account of the state of opinion of under Concession. graduates, and partly also of graduates, taken immediate steps to isolate the case on economical subjects Thore was, ho thought, very great danger of the univer- and fumigate the building, and he was sity ceasing to be a leamed universary, glad to report that the disease had not and becoming a political university, and, he might add, even a revolutionary spread. The yearly Sanitary inspection university. It was undesirable to spread of compounds will take place some time the study of economics unless on properly next month. give diplomas on subjects of which the university was so profoundly ignorant

conducted lines. It was not desirable to

DEFENCE CORPS.

The Chairman reported that the Corps as banking, accounting, and foreign is gradually being brought up to full exchanges.

strength. Morris Tube practice is taking place three times week on

1 Dent's vacant lots, by kind permission,

The Rev. F. M. Walker, Queen's Mr. Brutton objected, and said that College, also opposed the Statute.

The President of Magdalen (Professor was not the form of his question. What

T. Herbert Warren) said when the pro he asked was whether there had been any posal was first mooted he entertained a Act of Congress incorporating the Philippe, which he still had, that it might pine Islands into the United States. He attract to the university a class from had never asked if there had been "any" Acts passed by Congress in regard to the Philippines, because he knew there had been. He was referring to citizenship. There had been many Acts, but not on eitizenship.

The Consul-General, replying to the Crown Solicitor's question, said-One Act passed is the Act of Congress extending the extradition laws of the United States to the Philippines, -

Have the Philippines any seats in the House of Representatives - They have two delegates...

Mr. Brutton-It is for my friend to satisfy your Worship that it is privileged --not for me to prove that it is not..

His Worship wished, the point, to beats argued.

The Crown Solicitor contended that he should have had notice of this. It was obviously privileged. His friend might just as well ask him to produce the minutes of this case he had written from his department to the Colonial Secretary's office.

Mr. Brutten-It is absolutly different. Here is a witness who alects to be called.

His Worship-Are they as members! The Consul-General-No; they have as delegates, the sand as for

territories.

Have the Philippines any self-Govern- ment They have no Government what ever, except under the Authority of Con- gress.

Can thut Extradition Act be extended to the Philippines except by Congress'?

Mr. Grutton-Does this arise out of ing cross-examination? It ought to have

whom they suffered already a good deal. There were business men and business mon. There were those who had made this country; and there were the illiterate business men who viewed business in very different way, and who recognised a certain advantage in sending their sons to Oxford or Cambridge, not, he thought, from the most intellectual or scientific reasons

Mr.

When You no longer wants my service I am perfontly ready to go. I do not care for polities. I was forced into then. I shall stay in them only as long as I can be of uses. On the other hanıl. I am not afraid of Yuan. To the beat of my knowledge the assertions of the newspaper are false. On my side; at all events, we are excellent friends-but (bore he laughed) bave 50,000

men.

I took advantage of the note thus struck to press another question. I told him that Sun Yat-sen and the other Kuo-min- tang leaders in Shanghai regarded the Sung mur. ir as part of a wide scheme to frustrate Republicanism and make the Government of China an absolute ori. } Do you believe this? I asked, "or if you came to believe it, what would your attitude be? For the first time in the interview he hesitated. There was Then he silence for several seconds. said:

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and inembers are showing renewed I do not believe it. Yuan thinks that for is impossible. He has therefore decided to interest in the Corps. Owing to disquiet the time being Parliamentary Government ing rumours, which happily did not disregard Parliament. But he will do this materialize, the Corps was called out to only for a time. He does not aim at making THE PRICE OF THE HOWARD himself Dictator (theany shang "be

Is WATCH FIXED Emperor," were the words actually used). do night patrol on the 16th and 11th just, On each occasion the muster was very If it became clear that that were his aim I satisfactory.

SHAMEEK WATERWORKS.

The work has been delayed lately by

The danger was that a class wet weather, but notwithstanding the talled the idle rich would be encouraged progress made is satisfactory. A letter be the passing of a statute of this kind.

was read from Mr. T. E. Griffith Mr. Sidney Ball (8. John's) supported

would not support him.

The confidence reposed alike by for eigners and Chinese-in-Li Yuan-bung is Yet there is that quite extraordinary. about him which inspires trust. A sketch of him may, perhaps, interes those who are watching events in Chinu. See, then, a thick sturdy figure in khaki and black a short neck rising from top-boots, with a close-cropped bullet massive shoulders; a murrow forehead and head set on

the statute, believing that puc effect of it stating that the tenants of his premises would be to increase both the supply and on the adjoining lot No. 66 had raired the demand of University men in business. the question of possible annoyance | black-browe merry cyc

Mr. Matheson, in reply, said he did

not share the fears of the president of through noise from the pumping ongines. Magdalen. He considered that the In connection with this the Council's passing of the statute would tend to engineers report that the pumps have been encourage, a real scientific study of economies by men who would make it fitted with special hardwood noiseless the foundation of, their business career. running driving wheels and they are On a division the preamble was adopted driven by producer gas engines, which by 85 vates to 26.

have been fitted with heavy cast-iron "Silencers." Moreover, the enginos will. only be required to run for a few hours each day. The Chairman read the reply he had sent to Mr. Griffith, and was pleased to report that the latter's tenants were now satisfied that there would be no

COMPANIES REGISTRY AT

SHANGHAL

The following paragraph is from the Report of the Shanghai Branch of the China Association:

He has in his possession certain dugu come at in examination-in-chief. I have In April it was learned that both the

ments, which we say are material to the case. We are cutitled to have them pro. duced. He is an ordinary witness called in this instance by the prosecution, and. that is the character in which he appears

asked no solitary question about extradi-

tion.

This question has been under considera- tion throughout the period under review.

had agreed with the principles on which Foreign Office and the Board of Trade the original scheme was based, but that

annoyance.

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at the sides; a nose broad but slightly hooked, the upper lip concealed by a moustache bushier than Chinese usually have, the lower full and protruding, recession of the heavy, square chin. emphasizing at a-side-glance a slight

INDIAN OPIUM PROHIBITION.

AN UNTIMELY REQUEST:

Chind has asked that the provinces of Chekiang and Fukien should be closed to Indian opium. The British Tegation has replied that the time for the request is un- fortunate as the opium crop in those provinces has only recently been larvested. The question has been deferred until inquiries can be made.

His Worship allowed the question, and the Hongkong Authorities were not in night as the result of military operationsing at two points in Chibli, although the tlie Consul-General replied in the favour of the establishment of a branch at West Point, negative.

The Crown Solicitor-You were asked

register and an offer in Shanghai, but from the outset this point has been con- sidered indispensable to the mercantile

Meanwhile opium is known to be grow- province has been offcially declared to be free, and Indian opium has been debarred from catry by the agreement of March Yesterday, before Mr. F. A. Hazeland,.-C. Daily News.

whether a person born in the Philippine convenience and requirements of Com-eight Chinese were charged by Inspector Islands after the Treaty was a citizen of panies registered and carrying on busi-Dymond with gambling at 105, First It is understood that a Street, second floor, West Point: A the United States, and you said, "No, ness in China. but I should like to qualify it." What draft Order-in-Council embodying the Chinese detective came across the men, principal points raised in the letters

Mere fued an ach.

PERTUSSIN.

....

here. Therefore, I ask for the production of these documents. I shall have a great deal more to say upon it.

The Crown Solicitor said it would obviously be detrimental to the interests

are those qualificationsHe is techni-following, and in previous reports, is now sitting round a bed, gambling. They of the public to produce documents pass- ing between the Consal-General and the cally known as a citizen of the Philippine under consideration. Government of a country which was inak. Islands, owing allegiance to the United States. Under American sovereignty ing application for the extradition of a

there are two qualities of citizònship: The Consul General fugitive criminal;

They are "citizenship of the United appeared in that Court officially.

States" and citizenship of a State or Mr. Britton quoted from various territory." The citizen of the United authorities, and said it clearly did not States is a citizen of the State in which affect the community at large.

he resides, but the citizen of a State or Worship must hear all evidence which territory may not be a citizen of the A citizen of the Philip was material to a case, and could rot United States. exclude anything. His Worship must pine Islands ordinarily is entitled to and know that they must be of value and receives passports from the Government material, or else they would produce of the United States, and is subject to the extra-territorial jurisdiction of the them

United States, where such jurisdiction obtains.

hah

His

The Crown Solicitor-I have no knew lodge of their contents. Mr. Hodgson then quoted from the Treaty of Friend- ahip between Great Britain and America, and contended that this correspondence

Are you acquainted with the case and the judgment of Dorr 2 The United Stutes-I think I am.

239

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China, remarks the Pall Mall Guzette, THE EYE is rapidly acquiring some degree of pro- ficiency in the arts of Parliamentary government. The member who threw an inkpot at the Deputy Speaker some days ago was only the herald of more stirring episodes, This week there was a free fight in the Senate, and the police had to be summoned We wonder what hap- pened to that marvellous array of silk So many Western Parliaments are becoming the modern equivalent of the gladiatorial area that we cannot scoff at the lapses in the Peking assembly. Two. things are, however, already clear about

the Parliamentary experiment in China. One is that the dignity" of the opening meeting vanished in a single night. The other is that Yuan Shih-kai has not the reinotest intention of taking any notice of Parliament at all. We venture to predict that the Chinese Parliament will soon be as extinct as the Persian Mejliss. and for the same reason, Both countries are at present utterly unfitted for repre- Our statesmen sentative government.

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