New-York tribune., 1908-05-04
WHITLEY WANTS CODE
Needs Of american Courts IN China
Told by Judge.
[Fronn In. Trihnn. Rures,t

GFror1 The Tribune BuresuI
washington. May 3.-Judge Lebbeus r N{rev
having successfully ufthstood the sharp attack
made upon him by his opponents and having
heard his administration in China praised by both
1he PRESIDENT and the Secretary of state is de-
voting himself to ms real mission TO Washington
tie wants code OF adequate laws for his extra
territorial court and stitab bic federal building for
ms work and for the United States consulate The
Far East has exerted its seductive influence over
u'e judge and he is anxious to China
soon As Congress adjour1s. to begin his second
period Of labor IN upbujlding his court
His work from on he expects 10 be much
easier than formerly. from the fact that his op-
ponents have seen his hands upheld by the admin
isratlon but he is extremely desirous Of returning
I" The scene of his iahors with adequate jurisdIc
uou Of all matters that come before him In his
decisions IN the exUraerritoriaI court he has often
peen embarrassed by the lack of statutes the
main body of the laws which Congress has ex-
tended to Americans in china is little less than that
embraced within the meaning of the term common
law The American law of extra-territoriaIity has
not been developed by legislation by judicial
depreciation since the original statutes of 1s4S and
1850 were enacted Judge Wilhey has been forced TO
enter new, and at times hostile community
clothed With j brief az hority since there IS no
such thing in the United States as 4 national
common law and since Congress has not indicated
what the common law intended TO compre-
hend''
Under this drawback it required a firm hand to
apply the principles Of the Law in force with
any degree or certainty and with put exciting u
merous grievances and much criticism It was be-
cause Of his record under like conditions during
Judge Tafts administration the Philippines that
Judge Wiley selected for the China court
and according to the Judge there an utter lack
OF uniformity Of practice in the administration OF
the consular courts For this reason. when the
United States court was formed It was necessary
70 solve a number Of jurisdictionaI problems and
Il has been the experience Of Judge Whitley that
the law il stands is unsatisfactory and in
ness because OF the many omissions and by reason
Of anachronisns and harsh provisions which are
repuEnant to the modern idea,of justice"
one Of the most important branches of business
which the American court IN China Is called on
10 transact Is that relating to the administration
estates. II has endeavored 10 do this according
70 the principles OF common law. which has been
found IN many cases unsatisfactory and impossible.
Judge Wiley asks also that the criminal law be
revised. he holds that it fatally defective and
fails 10 define many offences which are universally
covered by the statutes the various states and
no scale Of punishment is allowed. There is no law
at present on the subject of admission Of lawyers
TO the bar OF the American courts in China neither
Is there adequate provision covering the ques-
ton OF ex1Tadition. for as the law now stands no
fugitive from justice be delivered by the
American authorities in China TO representatives. OF
other governments This results in the escape from
punishment Of a large percentage OF Americans who
commit crimes in China, and has been source of
great Inconvenience 10 the courts
Notwithstanding the fact that the trade Of the
United States IS greatly increasing as IS the ne
cessity for the organization merchants into stock
companies, there IS no law for corporations in
China. and much embarrassment is felt by the lack
Of laws covering the subjects Of real property
bankruptcy and divorce. 1t has been demonstrated
too, Judge Wiley thinks that II is impossible for
the United States Consul General at Shanghai 10
perform his judicial functions and at the same time
10 discharge his consular dutiess and il has been
recommended TO Congress by the American Asso-
citation Of China that he be relieved Of all judicial
authority and that his authority be conferred on
some official OF ihe United States court
That Secretary Taft is in full sympa thv with
Judge WiIhey's effort 10 obtain more definite laws
is evidenced by his allusion that subject in a
speech delivered TO the american Association IN
which he said = have read Judge Wifey's optn-
ions. both IN civil and criminal matters. He has
worked hard and well He has made It plain that
some additional legislation by Congress is neces-
sary 10 lay down few more general principles
Of law which are TO in the extra-terrtoriaI
Jurisdiction Of the court q China Secretary
Taft dweIt. TOO. on the necessity for federal
building which Judge Wilfey urges on the grounds
that Shanghai is the commercial of the Chi
nese Empire, with a foreign trade that excess
$50 0Do90 annually; that 1t is the banking centre
Of both foreign and Chinese interests, and that
the United States trade Will suffer unless its rep
resentatives are housed in commodious quarters.
Representative DENLY has introduced two bills
covering the changes desired by the Americans in
money for = suitable building, has been favorably
reported TO the House while the other, stablish-
ing code Of laws. Is under consideration by the
Committee on Foreign Affairs
Judge WiIfey feels tkat he has been completely
indicated by Congress, although he does not be
Heve that II in the province OF the Judiciary
Committee TO do than order inlpe achment
or refuse 20 sanction He has made crit-
cisms, however. and VIII not He considers that
the government has more successfully answered
the charges against MIN than he could have done
himself and VIII leave Washington satisfied that
repetition OF the charges viii never be made. He
says the hardest part OF the fight 10 establish
his court is over, and that from this time he
VIII find conditions more equitable and make
the court = great deal more for Americans
than formerly He IS naturally pleased with the
confidence that has been shown i him by
President. Yet this was in measure explained by
Representative DENLY, who mas said, Judge VIII
Hev is q man after the Presidents heart-a
fighter. and the harder tney hit, the harder he
fights"