The San Francisco call., 1904-11-12
CONSUL TELLS
OF CHINA'S LAW
Chung Pao Shi Qualities as
Expert Witness on ORR
entail Marriage Customs

Chung Pao Shi, Consul General for
China in San Francisco, was on the
stand all yesterday afternoon in Judge
Coffey's court to tell of the marriage
laws and customs in China Round,
rubicund, smiling, alert and garbed in
a rich black brocade, he was the most
interesting witness yet called in the
Chew Bing Quota case, wherein 1t is
sought TO remove j. j. Cunningham. as
administrator of the estate of the dead
labor contractor. The examination of
the dignitary was not concluded and
he will go on again to-day, as mat
ter OF courtesy, he not having been
subpenaed.
The Consul General answered a few
questions in English, but for the most
part his testimony was given through
age-Vice Consul Owyang King,
graduate of Yale, mechanical engineer
by profession, but who has been In the
consular service for twenty years.
In qualifying as an expert witness.
to tho satisfaction of the court but
against the objections and keen ques-
tioning of Attorney ]. E. Hill, the Con-
sui General said that he was forty
years old and had been born in Chinese
officialdom-his father was an inspec-
tor ard the son was in the service as
auditor for the treasury department at
Peking. Five years ago he was ap-
pointed Consul at New York and two
years ago came to his present post. In
qualifying for his career he had read
all the laws of China, partly out Of
curiosity, as he was required to pass
no examination on law until after
three years in the consular service.
Attorneys Vogelsang and Dibble, who
are trying to prove that the American
claimant, Lum Quota, was the concu-
bine and not the wife Of Quota, pro-
duced twenty-four tissue volumes, tied
between polished boards and purport-
ing TO be the compilation Of the laws
of the empire. The Consul General
said they were only part OF the laws
The. first volume, containing the title
page. was offered in evidence and
proved the books to be the laws writ
ten by Emperor Sal Ching am, known
as THE Origin of Laws and Their EX-
planations' and also recording all the
inonortant laws made and decreed to
he enforced throughout the empire up
to tha first year of the reign of kung
ST."
The seventh volume was offered, too,
and it contained the laws on marriage
and bigamy. Among the interesting
provisions therein is that before mar
riage the man or woman must make
known to the other whether he or she
is affected with any illness or deform-
ity; whether born of a concubine and
whether or not adopted by other mem
bers of the same tribe. The three
generations or lineage register. is the
most important requirement of the
| marriage contract. 1t is also provided
that if a man treat his wife as a con-
cubine he shall be whipped with a rod
100 blows; 80 blows is the punishment
if he treats his concubine as wife,
and in either case the woman must be
restored to her proper station. If a
man attempts to take another wife
while he has one living he shall re-
ceive go blows.
These laws, said the Consul General.
are observed in the empire, but minor
matters in the marriage ceremony may
vary The witness added that there
were no lawyers in China and when
controversies were brought before a
Judge he did all the questioning.