The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1907-12-21

to answer an investigating proceeding
as to the propriety of his conduct in
filing eertain aff1davits in the Circuit
Court of Appeals for the Ninth Cir
cult. a proceeding which is still
pending.
Whatever I have done, whatever l
have said is all matter of record, -
said Judge Whitley when he was ask
ed specifically about these things. II
have not discussed them: I Will not
discuss them. They are of the past.
1 am going to Washington on far
more important matters. I am going
to urge upon Congress the need of a
better body of laws for the extraterri-
torial government of Americans in
China; and to urge the need of more
suitable and more commodious build
ings for the officials of the United
States in Shanghai, consular and
other, and more commensurate with
the Importance and prestige of the
United states. The American Associ-
alton of China a body that includes
representative Americans of all call
ings and professions in China, includ-
ing both merchants and missionaries,
has sent a memorial TO Congress on
these very points.
Congress in creating the United
States Court for China conferred on
it Jurisdiction 10 apply the common
law It did not define the term, it
did not limit it as to the common law
existing at any given time. The court
has now been in operation a year
During that time fifty-four civil cases
have been brought before it. and
twenty-five criminal cases. Thus 1t
will be seen that the civil side of the
court is the more important even if
it has been less spectacular than the
other has been represented; and it viii
continue to grow in Importance as
compared with the criminal side, from
now on. In this years work much
that was fundamental and jurisdic-
tional has come before the court. Four
important questions have been de-
cided. These are:
"First-The common law has been
defined.
stSecond-The question of whether
the court under the common law has
jurisdiction in probate matters has
been decided affirmatively; I have held
that the court has jurisdiction in pro-
bate matters.
'"Third-The question of whether the
court has jurisdiction under the COM
mon law in marriage and divorce has
been decided adversely to the jurisdic-
ton: that is, have decided that the
court has no jurisdiction to grant d.
vorce.
"Fourth-The question of domicife
has been decided, the court holding
that domiciIe can be acquired in the
same manner as in the United States.
These four matters give some idea
of the Importance of the questions
that have come before the court. and
of the insuf1iciency of the body of law
as, it exists today. I shall urge Com
gress to give the Americans in China
body of laws sufficient for their
needs. The British courts in China
began with the common law just as.
we have. But this has been added toll
by statutory enactment, judicial deci-
sion and Orders in Council until now
land which is needed in China which
is not supplied. The result is one of
the elements of British success and
standing in China. What Congress-
wifi be asked to do is to do for the
Americans in China in this respect
what has been done for the British in
China.
I'm my own personal opinion, think
the extension of the codes of Califer-
MIA, so far as they are not inapplica-
BILE, would be desirable. But that is
matter for Congress.
1.-The British, French and German
governments have provided splendid
buildings for their 2onsulates and jul
dietary The British have postoffice
building that is much better than the
single building in which the whole of
the United States officials are crowded
The Germans have postoffice build
ing much finer than the British. The
United states has just one building
for consulate, vice consulate, postoffice
and court. 1t is the old Portuguese
Club building, discarded by that or
ganization. The United States Court
occupies one room for court room,
judges chambers. library, clerks Of
flee, district attorneys office, and mar
shars office. To urge Congress to give
suitable accommodations for the busi-
ness of it's officials in Shanghai, is
one of the purposes of my journey to
Washington
Judge Wiley was classmate of
A. c. NJ. Robertson in the law school.
E. A Douthitt, the last attorney to-
go from Honolulu to Shanghai, has
been admitted to practise before Judge
Whitley, and w. H. Heen, who was
admitted some time ago, is reported
to be doing very well.
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