Page
44
#
i
July 4, 1895.
hibition of the selling of lottery tickets about the Settlement was, he said, a matter that the streets of Shanghai and at other places in
∙if
But
a free
MR. EDE AND THE SANITARY BOARD.
THE HONGKONG WEEKLY PRESS AND Tls. 80 per chest shall be levied on opium "tery within the Foreign Settlement of and shall be payable, with the Tis. 30. import duty, before the opium leaves the and to the damage and common nuisance Shanghai to the detriment of good morals bonded warehouse; that on payment of such" of the public, and ask that the defendants commended itself to the careful considera- lekin a oertificate shall be issued exempting the opium to which it applies from the im-
be restrained. The defendants answer tion of the Municipal authorities, and “ "that they do not wish, position of any further tax or duty whilst
nor has it "the Municipal authorities have not the in transport in the interior; that on arrival in or conduct any business contrary to ever been their intention, to engage
power to preserve the Settlement from at the place of consumption the opium shall "the moral sentiment of the foreign popu
"the presence of the vendors of lottery not be subjected to any tax in excess of that lation of Shanghai, but
"tickets, then steps should be promptly levied on native opium; and that the tickets were being sold publicy on the as lottery
"taken to find the power that has and to Government of Great Britain shall have the Foreign Settlement they were not aware
"have it exercised in the name of morality, right to terminate the agreement at any time
"decency, and legitimate business." should the transit certificate be found not to of the Settlement when they offered the to raise revenue by a lottery would that that they were violating the Regulations if Spain allows the Philippine Government confer on the opium completo exemption tickets of the Gold Bond Investment Com-Power be likely to prohibit its subjects from all taxation whatsoever whilst being carried from the port of entry to thedants agree that this case shall be sub-elsewhere? And where else is the authority pany for sale. The plaintiffs and defen- selling the tickets, either in Shanghai or place of consumption in the interior. The "mitted to the Court, upon the issue thus to suppress the sale to be derived from ? The opinm lekin collected last year amounted raised, for decision, the facts leaving no question of lotteries is in itself a small one, but to no less than Tls. 5,050,000, or nearly one- fourth of the total Customs revenue. In the "a lottery on the Foreign Settlement." the multiplicity of jurisdictions in Shanghai " doubt that the defendants are conducting it is illustrative of difficulties that arise from absence of the agreement above referred to The Judge arrived at the conclusion that, and which are likely to increase as the place s sum possibly much larger than this would although Congress had no power to legis grows. The Model Settlement is fast becom have been levied at the lekin stations late against lotteries, each state composing ing a great manufacturing centre and its throughout the Empire, but only a small the Union having the sole power to allow population is rapidly increasing. The idea that proportion of it would have been accounted or prohibit lotteries within its boundaries, its ultimate destiny is to be formed into for to the Imperial Government. The latter is understood to have become awake to the yet a lottery might, according to the com- city has sometimes been expressed, and more wastefulness of the lekin collectorate, which
mon law, be dealt with as a nuisance if it unlikely things have happened in history. lines the pockets of the officials connected lottery in question was
were shown to be such. It was held that the With the growth of new and localised inter- with it but produces a minimum of revenue therefore to be suppressed. But the Consul will become more and more unsuited to the a nuisance, and ests the present system of exterritoriality for public purposes. The loss of the five went on to refer to the constitution of the requirements of the place. If there is to be million taels now collected as opium lekin by Settlements. the Foreign Customs would be severely felt ment is reduced to a legal system, he said, perhaps with advantage be allowed to stand In countries where govern any splitting up of China, Shanghai might. by the Imperial Government, especially at the powers of local police rest on charters alone as a free city, with its autonomy and the present juncture, and a threat held out by the British Government
granted by the supreme legislative authority, inviolability guaranteed by the Powers. withdraw from the agreement would no system of laws may organize a government to but a community outside of any general doubt be sufficient to stop the scheme of and adopt rules and regulations which would the Shanghai Taotai and any others of the be valid on the ground of the right of self- same description. But the incident is sug-preservation, an inherent right in people gestive of the efforts that will inevitably be everywhere; and in this light the Municipal will raise the diminished strength of the The return of Mr. N. J. Enn to the colony made to make the trade in foreign goods Ordinances of Shanghai may be regarded. Sanitary Board, unless he should think it pay a large share of the indemnity, The Foreign Settlement of Shanghai, not his duty to join his unofficial colleagues and and unfortunately it is only opium being subject to the laws of China, and the tender his resignation, or, what is practically that is protected by a treaty agreement legal system of the respective foreign Powers the same thing, decline to take up his ap fixing the maximum amount of lekin that represented at Shanghai being not only pointment as a member, which was con may be levied upon it. Other goods are only protected, according to the official meet local needs, it is necessary for the local former term of office expired a year ago, dissimilar inter se, but often insufficient to ferred upon him in his absence. Mr. EDx's reading of the treaties, while under transit foreign residents interested in the preserva- and he was reappointed by the Governor by pass, and may be taxed to any extent on tion of peace and order and good morals to a notification dated the 22nd May, 1894 arrival at their destination, and in the South supply the deficiency. It would not seem together with the Hon. Dr. Ho Kar and even the protection of the transit pass is logical, Mr. JERNIGAN held, for any foreign Dr. HARTIGAN, the appointments to take denied, notwithstanding the provisions of the Power to assent to any business being con. effect as treaty. The Peking Government, having ducted at Shanghai which, in the opinion of Whether Mr. EDE had intimated his will- 17th June, 1894 seen the advantage of an honest collection, the foreign residents, was opposed to public ingness to accept reappointment we are not as in the case of the opium lekin, would, it morals and decency. He quoted a com-aware, but it is to be presumed that the is believed, be glad to see a general reform munication from the American Secretary of Governor would not have reappointed him in the matter of internal taxation, but it is State bearing on this point, and went on to without some assurance on this point. Had not at present strong enough, even if it really has the desire attributed to it, to
"It is understood that the plaintiffs Mr. EDE been in the colony at the time his sweep away the army of harpies who batten
"do not claim the prerogative to pass a by- unofficial colleagues resigned he would no on the squeezes levied on trade. If it wants
"law or regulation defining rights and doubt have acted in concert with them, but more money from the provinces, therefore, ..
wrongs, and. consequently, disclaim the returning at the present stage the matter the local officials will simply apply the other; but, however this may be, it does The question that led to the resignation of power to enforce the one and prevent the may present itself to him in a different light. squeeze system a little harder. Opium is seem that when the Municipal Council of the other unofficial members has now been expressly protected, but other goods are almost certain to suffer,
"Shanghai comes into Court, as a plaintiff, aubmitted to the Secretary of State and Mr. and asks for the suppression of a business EDE's resignation, if it should be tendered, which, in the petition, is alleged to be would be too late to have any practical effect deterimental to good morals and a common in strengthening the position taken up by "nuisance to the public, it should be able his unofficial colleagues. The matter is now to adduce some evidence, by-lawy or pending, and on the whole we think Mr. regulation, or even some resolution, at least For would Dest consult the interests of indicative of an opinion of its own." Here the colony by retaining his appointment, the Consul seems to throw a duty on the at least until the decision of the Secretary of Municipal Council beyond any which it has State is announced. We have on previous hitherto exercised or claimed to exercise. occasions referred to the value of Mr. EDE's The case in question was conveniently dealt services on the Sanitary Board. He has with as a common law naisance, but if the always taken the business of the Board) defendant had been a subject of a state not seriously, has made a point of attending the ment of the Court having cognisance of the various questions coming before him in his recognising lotteries as a nuisance the judg- uieetings regularly, and has devoted to the case would necessarily have been different capacity as a member the samne close and. from that of the United States Consular Court. scrupulous attention that in commercial life. Take the sale of Manila lottery tickets, for has made his services so highly appreciated instance, to which Mr. JERNIGAN alluded, by the Company with which he is connected. though not expressly by name. The pro- Quiet, practical, and intelligent work, with a
LOTTERIES AT SHANGHAI AND THE GOVERNMENT OF THE SETTLEMENT.
An interesting judgment was given in the United States Consular Court at Shanghai the other day which has an important bear ing on the constitution of the Model Settle ment. Some time ago a lottery was estab- lished, called the Gold Bond Investment Company, by certain citizens of the United States. This was regarded as scandal and anally the Municipal Council a public Look action in the Consular Court for its sup. pression. The nature of the case is explained in the following paragraphs of Mr. JERNI- GAN'S judgment. The plaintiffs allege that the defendants are conducting a lot
say:-
16
|
from the
.
No comments yet.
Private notes are available after approval.