The San Juan islander. [volume] (Friday Harbor, Wash.) 1898-1914, 1906-08-04
Change China LAWS
TRIALS BY JURY One OF THE
RECOMMENDATIONS.
,,.oProposedto Allow Attorneys
81, Defense of Criminals-Re-
,ort of Commission Is Submit
ted to Emperor and Empress
Dowagef.

DOWo6
washington, July 28.-Marked evil
lance of the reform which is sweeping
",;na can be seen in q recommends
,;nn Of commissioners named by the
,"rernmept to revise the code govern
tas chinese legal procedure which was
De submitted to the empress
aowaoer and empress for their consid-
srstion. and has just been received at
the state department..
Two revolutionary changes in the
,ora) procedure of China are suggest
~ These are the right Of trial BY
INV and the employment of attorneys
s sor the defense of criminals. Never
IN the history of China has the prac-
tica Of law been recognized as q repu.
table profession. The study of law
has been frowned upon from time i'm
memorial and only recently have at.
torneys been permitted to argue cases
in courts, and this permission has
boon limited to courts in coast cities,
where foreigners reside. Heretofore q
class of scribes versed in legal phrase
ology has been authorized to draw up
nat;tions and other legal documents,
hnt these men have not been lawyers
in the broader sense.
Follow Japan's Action
Japan's action in bringing it's legal
nroeedure into harmony with the Eu-
ropean court methods has induced the
Chinese commissioners to suggest the
abolition of the present antique meth
DDS of that empire for the methods in
vogue among all Western nations.
International complications as re-
suit of the difference between the pro.
cedure in China and in other parts 20,
the world are discussed by the com.
mission, which says:
I'm China mixed Chinese-foreigu
cases are daily increasing in number
and complexity. Foreigners consider
our manner of Judgment different from
theirs, and there constantly arise g
difference of views.
Chinese merchants, too, are not ia.
miliar with foreign regulations and
constantly suspect bias, and as such
suspicious accumulate harmony be.
comes impossible. Every lawsuit
growing out of some ordinary triihne
dispute becomes question for inter
national Investigation.
Want Rules Revised
There have been innumerable cases
of this sort in recent years. Unless
the rules of court procedure be revised,
with changes of all kinds being per
mitted and their adoption even being
urged, although the real body (of the
law may be perfect, its general oper
alton will not be success and the ju
dicial administration will not be i'm
proved.
Heretofore at the various ports O.
International trade in China foreign
lawyers have already been permitted
to practice in the courts. Worst OF
all, even the yamens, following the
custom of employing advisors, have
depended upon foreigners for defense
IN Chinese suits, with the result that
much obstruction has been experien.
ced.
For instance, when a case of in.
1ernatlonal concern has arisen, they
nave invited such an attorney to con.
duct the case. although there is Ger.
tainly no right principle of action re.
curing man to assist others to The
aetrlment of his own people. On
tnis account the ex-territorial powers
@ the consuls grow and extend them.
selves. How can one bear to think
u the evils that must afterwRrd re-
sult:"
As the changes suggested by the
commission, if put into effect would
neeessltate the employment of humid.
feds OF lawyers throughout the pro-
''nees, the commissioners make recon-
mendatlons for the preparation Of
U n, to undertake this legal work.
lhey suggest that henceforth in each
VI the provincial schools, where men
are oelng trained in the law a definite
lumber. .'i OF students of good character,
- sefious-minded and we'll versed in
.ue law, shall be selected, who. after
s sney nave completed their courses,
t iaii De given diplomas and appor'
o nuned among the provinces to argue
vases before the courts.
revision of the code accomplished
Az y !ne commission provides for the
a Vision of all cases into two GLASSES,
'''n and criminal"