.)
June 16, 1906. Į
tendency towards increase. Especially our roofing and stable flooring materials find more and more appreciation, and the orders already delivered or still awaiting delivery since the 1st of April open a good business outlook for the present year.
It was proposed by the Chairman, seconded by Mr. Gilbert Davies, and carried, that the report and soconuts be pas ed, and that a dividend of six per cent. for the year, equal to Tls. 3 per share, be paid.
THE AMERICAN DISTRICT COURT FOR CHINA.
59гн CONGRESa, 1st SESSION.
IN THE HOUSE OF REPRESENTATIVES,
24th March, 1906. Mr. Denby introduced the following bill, which was referred to the Committee on the Judiciary and ordered to be printed:
A Bill Creating a United States District Court for China and Prescribing the Jurisdiction thereof.
Be it enacted by the Senate and House of Representatives of the United America in Congress assembled, that a Court States of is hereby established, to be called the United States District Court for China, which shall have original jurisdiction in all cases and judicial proceedings whereof jurisdiction way now be exercised by United States Consuls and Ministers by virtue of treaties between the United States and Chins, except in so far as the said original jurisdiction is qualified by section 2 of this Act The said Court shall hold sessions at Shanghai, China, and shall also hold sessions at the cities of Canton and Tientsin at stated periods, the dates of snor session; at each city to be announced not loss than three months in advance through the columus of the news. papers printed in English and of general circulation in China and a sitting of the Court shall be held in each of these cities at least once annually. It shall be within the power of the judge, upon due notice to the parties in litiga tion, to open and hold Court for the hearing of a special cause at any place permitted by the treaties, and where there is a United States Consulate, when, in his judgment, it shall be required by the convenience of a large numbr of witnesses, or by some other important public interest. The place of the sit ing of the Court shall be in the United States Consulats at each of the cities, respectively.
Sect. 11.-That the original jurisdiction of said Court shall extend to all cases, civil, criminal, and pro'ate, except that the Consuls shall have exclusive original jurisdiction to try and determine civil cases where the sum or value of the property involved in the controversy does not exceed $500 United States money, and in criminal cases where the punishment for the offence charged cannot exceed by the $100 fine and sixty days' imprisonment or bith, and power to arrest, examine, and discharge accused persons or commit them to the said Court. From all final judgments of the Consular Court either party shall have the right of appeal to the United States District Court for China,
Sect. III.-That appeals shall lie from all judgments or decrees of said District Court to the United States Circuit Court of Appeals of Ninth Judicial Circuit, and thence appeals and writs of error may be taken from the judgments or decrees of the said Circuit Court of Appeals to the Supreme Court of the United States in the same class of cases as those in which appeals and writs are permitted to judgments of said Court of Appeals in cases coming from District and Circuit Courts of the United Stat s. appeals or writs of error shall be regulated by the Paid procedure governing appeals within the United States from the District Courts to the Cironit Courts of Appeal, and from the Circuit Courts of Appeal to the Supreme Court of the United States, respectively, so far as the same shall be applicable; and said Courts are hereby em. powered to hear and determine appeals and writs of error so taken.
Seo. IV. That jurisdiction and appeals in criminal, civil, and probate matters shall in all cases, both in the Consular Courts in China and in the said District Court, be exercised and
CHINA OVERLAND TRADE REPORT.
enforced in conformity with the laws of the Columbia not in conflict therewith, which are United States and the laws of the District of hereby extended over all citizens of the United States in China. But in all such cases, when give jurisdiction or to furnish suitable remedies laws are deficient in the provisions necessary to the Common Law and the Law of Equity and Admiralty shall be extended in like manner over citizens of the United States and others to the extent that the terms of the treaties, respectively, justify or require.
437
following policy-based on the result of the The State Council eventually approved. The Premier's tour for the guidance for the Japan ese opérations in Manchuria
to all the Powers, and joint enterprises of should be respected, giving equal opportunity “That the sovereignty of China in Manchuria
Japanese and Chinese should be encouraged for the development of Manchuria.
should be avoided, so that the natives might be. That the principle of military supremaoy
towards China,' convinced of the sincerity of Japan's intentions
•
Sect. V-That the procedure of the said District Court shall be in accordance, so far as practicable, with the existing procedure pre- military anpremacy, if followed in Man
It is considered that the principle of.. scribed for Consular Courts in China in accord-churia," will only aronse msgivings on the ance with seat. 4 86 of the Revised Statutes of part of the Powers, which may adversely the United States: Provided, bòwever, that affect the judge of the said District Court of the therefore thought advisable to avoid such a line the diplomacy of the Empire. It is United States in China shall have authority of action in Maneburis, which would also offend said rules of procedure. from time to time to modify and supplement the authorities of South China. As agitations and the boycott of American goods, Japan's - are afoot in China for the recovery of autonomy pursuance of military supremacy in. Manchuria · mercial country, and give an opportunity to would (uly result in benefiting a certain com- two certain European Powers to cultivate better relations with China.
Sect. VI. That the judge of the said District Court of the United States in China, the d'atrict attorney, the mar. shal, and the clerk thereof shall be appointed by the President, and shall receive AR per annum, $5,000 per annum, $3,000 per salary, respectively, the sums of 88 000
of annum. and $3,000 per annum. attorney shall, when the
The judge the said Court and the district Court are held at other cities than Shang- session of the hai, receive in addition to their salaries their necessary transportation expenses and ten dollars and five dollars per day, respectively, during their absence from Shanghai.
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The State Council decided to withdraw the existing military administration offices in Manchuria sa soon as pract cable. The next which must be included in some way in the question to be settled is the expenditure, Bulget.-Japan Chron 'cle.
NATIVE OPIUM,
judge of said ourt shall be fifteen years, unless Sect. VII. That the tenure of office of said sooner removed by the President for cause the the consumption, says the British Government, If Chiua is seriously desirons of restricting tenure of office of the other officials of the Conr: shall be at the pleasure of the President.
the British and Indian Governments will
of said Court shall be required to furnish thinking persons will endorse the sentiments
Sect. VIII. That the marshal and clerkt at en even at some sacrifice.
cordially agree to any plan which may further All right bond for faithful performance of their duties, here conveyed, but most of us out here will also in and approved by the judge of the Court. We have noted with great approval the efforts
sums and
with sureties to be fixed endorse the "if." remarks the Peking Times, They shall each nominate deputies at Cautoa which the Vicoroy has been making to obeck and Tientsin, who shall also be required to the consumption of opium among his officials, furnish bonds to the approval of the judge, there b ing only one we believe among his staff and whose app intments shall be made by him. Such deputies shall receive compensation at
who indulges in the vice and he is à hard case. the rate of five dollars each day the sessions of being drawn up with regard to opium dens in We have also heard with pleasure of restrictions the Court are held at their respective cities.
Sect, IX. That the tariff
Peking. But we have not heard and we fear it any restriction on the cultivation of the poppy, is not possible to hear that China has placed nor that any diminution has taken place in the
native opium is increasing, and we purposely the recent Customs reports which tell us that area under cultivation. On the contrary, we have
quote from Ichang where it is stated:-
officers of the Court shall be the same as the fees of said tariff already fixed for the Consular Courts in China, subject to amendment from time to time of the President, and all fes so taxed and ou the recommendation of the judge, by order received shall be paid into the Treasury of the United States.
inconsistent herewith are hereby repealed.
Sect. X.-That all Acts and parts of Acts
THE DEVELOPMENT OF MAN- CHURIA.
PLANS OF JAPANESE GOV RNMENT.
considered the question of the development of The Japanese State Council on May 23rd Manchuria. A tokyo dispatch states that a mittee before the departure of Marquis Saionji scheme was elaborated by the Manchuria Com.
laid before the Cabinet. Now that the Premier on his tour of inspection in Manchuria, and was bad returned with a persoual knowledge of the situation in submitted to the consideration of the Elder Manchuris, the scheme was Statesmen, and it is stated was approved by the Council.
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Ichang. The Native Opium to be found in our Foreign Opiam is practically unknown at: tables is that which; whether produced is Yunnan, Kweichow, or Szechuan, is shipped at Chungking in chartered junks and transhipped here in steamers for distant markets.
"The returns show a more than ten-fold increase in the native opium cultivation and it
remarked on the universal tlerance now this district is still increasing. Chinese have is the general opinion that opium-smoking in
accorded to the practice. The opium-smoker his pleasant babit, or to retire for its satiatno- has no longer any reason to attempt to conceal
patronised by the well-to-do. Every respectable tion to the kuan or divan-now. no longer house now bas its fumoir, and is expected to course of an ordinary visit. Opium-smoking take, as well as to offer, a few whiffs in the among the Chinese has ceased to be generally England, definitely taken a place. among the regarded as a vice, and, like tea-drinking in customs of the country.”
"1
The substance of the scheme—as giren in the Tokyo disp.tch--is that a company should be capitalists jointly for working and developing formed by the Goverument and private the railways, miues and forests in Mauchuris, Messrs. Hughes and Hough offered for sale by At their sales rooms on the lith Jana The Government would contribute the railways, | public suction all those pieces or parcels of mines, and other property owned in Manchuria, | ground registered in the Land Office as the these properties, a‹ they now stand, as its share in the company, and the value of remaining portion of Section A of Inland Lot estimated No. 505 and the remaining portion of Inland at about Y70,0 45,000. As a working fuod is Lot No. 5'5, together with the messungen required, the total capital of the company thereon known as Nos. 54 to 62, Stone Nullahı - cannot be less than Y100,000,000. In addition Lane and Nos. 4 to 12 Wanchai Road. The an enormous fand is required for the improve. property has an area of 3,694 feet or thereabouts. ment of the railway system and the mines, and Bidding started mɛ $10,600 and ran up to $20,100, it is proposed to raise a loan of Y100,000,000 | but as this was below the upset price, the pro-
the security of the company's property: porty was bought in,
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