May 27, 1907.1
CHINA OVERLAND TRADE REPORT.
391
case his own Niggers! It was a distinct | we listen in vain for any comparison of the what part of the Empire they may be
for punishment and as nothing more condign offered it has been taken advantage of, and England is made to feel the full enormity of her offence. Now of course, ridiculous as is the immediate issue, there is something here more than at first sight meets the eye. A little strip less than two degrees in latitude, just south of this territory, is all that separates the northern extremity of Lake Tanganyika from British territory in Ugauda. Lake Tanganyika is fully accessible from Rhodesia, and indeed to Central African Railway is already cried beyond Victoria Falls, and in a few mouths could be carried right up to the lake. It would be then in the power of KING LEOPOLD to materially advance the interests of the projected Cape to Cairo Line by giving it passage through the Free State, Some years ago the late Lord KIMBERLEY, theu Foreign Minister, had practically made an arrangement with the Free State to cede a strip of territory he e between the State and the German territory of North-East Africa, but owing to the active hostility of the German Government of the day, KING LEOPOLD was induced to withdraw his consent. The reclaiming of the once allotted territory, though a matter of absolutely no value whatever, is thus only a renewed instance of the same un- friendly feeling, with no object except to hamper as far as possible the carrying through of the continuous line. Under the present relations between England and KING LEOPOLD with relation to the charges of ill-treatment of the natives, and between England aud Germany with regard to the construction of the lines by the latter to Bagdad, it is evident that the game of international obstruction is being carried on with unabated vigour; and all this in spile of the so-called peaceful influence of the Hague. A stronger proof of its failure as a peace promoter could hardly be pointed out
domiciled, and that it is a serious thing to deprive them of the inherent right of every British subject to appeal to the Crown. These well established views however, like most merely abstract principles, have to be modified in accordance with changes in the circumstances to which they have to be applied. In point of fact they have already been modified to the extent of a value limit being placed upon the cases which, in various Colonies, Council, without special leave. But, even are apponlable to the Privy with this restriction, it has been found that the number of cases that have to be dealt with is of a burdensome character, and that
which is a serious inconvenience to the. an appeal usually means an amount of delay
parties and which detracts greatly from the benefits of being able to appeal from the lecision of the highest local Courts.
1
In some of the Colonies the question has been mooted whether a final tribunal of appeal could not be established on the spot; and in some instances there would seem to be little doubt that the step would be advan tageous. It could of course only be adopted in Colonies of some magnitude such as Australia, Canada, and South Africa, where the number of judges is sufficient to form a Bench which would be sufficiently strong to undertake work of so much importance efficiently and to the satisfaction of the general public. Where however, this is the case, a change in the direction indicated would certainly seem to be desirable and would be generally welcomed It would ease the Judicial Committee of the Privy Council of a great deal of work which is now felt to be onpressive. It would save much time to litigants, and, speaking generally, would no doubt result in final* decisions which would commend selves to
them-
Singapore Municipal Council with the Hongkong Sanitary Board that elicits any distinction amounting to a difference. The personal equation must be made here, and it is not easy to make. ecclesiastical tyranny
A good second to is the tyranny æsculapian, which the Commissioners suggest has had to be suffered here, which the Chinese publicists tell us has caused much trouble and annoyance and fear to their poorer compatriots, and against which | our gorge rises. The poor Chinese tenants who are being made clean by Act of Parlia- ment, have just had a further insult and intrusion on their privacy. For no better reason than as a political object lesson, the OFFICER ADMINISTERING THE GOVERNMENT has invited the public to witness the pro- ceedings. It is no great feat to coutenplate the indignities of others with an equable countenance; were we able to hoast Chinese descent, our blood would boil at this official callousness to our manhood and self-respect, and we would write strong words about it. As it is, we merely pass the opinion that it is an impertinence for which any British Government should blush, completely out. Swettenhaming any bluuder attributed to Sir ALEXANDER of that ilk. We should think the Chinese would be less annoyed by the cremation of their “ dumped corpses than by this; but the Government, as at present advised," caresses native suscepti- bilities with one hand and assaults them with the other. In a Colony so fuil of anomalies as is Hongkong, however, such inconsistencies are not worth a grumble. The Sanitary Board itself is an anomaly. It has been the "something to play with' of a people instinctively attached to self- government, the sop thrown to the democratic Cerberus by an autocratic bureaucracy-and if the Commissioners be right in suggesting that it has gone to the dogs, the simile can pass. We may even stretch i, and give names to the three heads, the laud- lords, the rent-payers and the Chinese. One obviously rough and ready solution, (Daily Pres›, 21st May.)`
pendin r A deliberate discussion of the The people have been talking: talking reform scheme of the Commissioners and about "the Commission" and such bits of its the objections thereto of the permauent Report as they have managed to assimilate. cfficials, is to impatiently throw overboard We have been listening, and as we fearel, our pinchbeck franchise, and abolish the there is as yet no solid public opinion ti
Sanitary Board altogether.
"Oh Pott, take hold of There are opinions, piculs if you'd known, how false shed have grown, of them; but we cannot trace the prover. when you heard the marriage bells tiukle, bial" concensus." It does not exist yet. you'd have done then, I trow, what you No one seems able to surround that cannot help now, and handed her over voluminous Report. to take it as a whole. to W * * * * **
What rhymes to It cannot be so taken, perhaps, for it is
tinkle'?
The lady herself popped in more than a whole; it is several wholes. and suggested Winkle. Let Winkle be a Hence, as we have said, in office and war-
Health Department, and let us resign ket, at tiffin tables and on hithing launches, all pretensions to managing our own affairs, there are many opinions being published is one of the offhand opinious picked | may appear. but no public opinion. The Hong out of the many recently uttered. A It might probably be adv «able as a means kong public has the reputation of being minute by the DIRECTOR OF PUBLIC of preventing any serious mistake that apathetic in such matters. We doubt WORKS, which will be published in due arrangements should be mide where the whether it is apathy so much as a sort course, shows that Mr. WINKLE is quite interests involved are of a large character, of utilitarian spiri, a cui bono attitude willing. towards Sphynxian problems, a reluctance
that appeal should still be allowed to the Privy Council, especially in any case where, to expend effort to uo immediately visible result. That
as may occasionally happen, home interests is natural bere, where
as well as Colonial interests are involved. agitations, petitious! plebiscites, and Re-
(Daily Press, May 22nd.)
It would not however, be difficult to frame ports of Commissions have come to be
The question of appeals from decisions in a rule to meet this contingency, while still regarded as so many instances of kicking the Colonial Courts to the Privy Council, leaving the final decision of any cases that against the pricks. In a Crown Colony, which was among the subjects at the Colonial would ordinarily arise to a local Appeal with a bureaucratic Government, there is Conference, is one upon which there is room a stonewall of officialdom against which for a diversity of opinion; but the view
of popular feeling best in vain.hich is likely to be taken by those practi- matter stands, no doubt, upon a different With respect to Crown Colonies the In such top yturvy administrations the cally conversant with the existing systém, footing. Ordinarily there are not sufficient servants are the masters, and the ratepayers is certainly in favour of some more con- Judges in such Colonies to make it possible imagine vain things. As we remarked a
venient mode being adopted for the ultimate to establish a Tribunal which could act as few lines back, there are piculs of opinions. decision of such cases. On the one sile, itan Appeal Court from the deci-ious of the "Look at Singapore," one says. "They may fairly be urged that it is desirable that Supreme Court of the Colony, though it has have a Municipal Council there, and far the highest judicial tribunals should be been suggested that something might be more Chinese electors than we have." But open to all British subjects, no matter in' done in this direction by an arrangement
Waves
THE COMMISSION (II).
1
COLONIAL APPEAL CASES.
the Colonies concerned, as being in accordance with the decisions of their ordinary Courts, and with precedents with which the people in the respective places had become familiar. No doubt such a system would tend at times to some modifications in regard to established principles, where there might be room for different interpretations of them; but this would not in practice prove any serious inconvenience.
The same thing occurs in respect to the existing Colonial Supreme Court whose decisions are taken 38 precedent in future cases in the respective Colonies-though possibly slightly differing from what might have been the decision in an English Court upon some most point. Absolute uniformity, except upon fundamental principles, cannot be secured all over the Empire, however attractive upon abstract considerations this
Court.
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