The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-09-20
Trim justice in Persiaa living at Shraz the column
contains man who walled stealing two cucuber

1t has ended by creating in each Mosiem
empire or kingdom as many foreign
Independent States as there are foreign
erS in the land. As a proof that this Is
not the result of conquest. IL NAV be
pointed out that Switzerland, Portugal,
BclSium and even little Denmark enjoy
the same ex-tcrritorial rights in Turkey,
Persia ana Egypt as the United States,
Great britain. France, Russia and Ger
many.
The consular courts were found nv
the foreign Powers to work SO well
IN Moslem countries, anf to furnish
so much protection of life and property
10 their subjects residing In these Mo-
mammalian States, that the system was
extended to all other Oriental nations.
ana eN-terrltorial rights and caDi;ula-
TONS were obtained. not as a contemp-
tuous free gift, as in the case of Mos
lem states. but by superior force, from
the governments OF China. Siam and
Japan. In China they have still been
retained. But Japan has been success
ful in securing the consent of the for
eign Powers to their abolition.
III this concession was made in 1899
To the Mlkado's Government II was
because the latter had adopted a civil
ana criminal code of the most progress
sNe and enlightened character and
which. elaborated by commission Of
the ahlcst japanese and foreign tnr!sts
the latter prcdomnating. had re-
ceived the approval of all of the foreign
Powers. who had likewise assured them
selves of the reliable character of the
Judiciary and of the thoroughly up 10
date police and prison systems. II is
only fair to state that during the fif
teen years which have elapsed since
then the foreign Powers have never
had the slightest occasion to regret
their consent to the ahroga ton of the
capitulations in the Land OF the Rising
Sun.
II is quite probable that the Sultan's
Ambassador at Washington. who is an
Austrian by birth. and who only alb
jured Christianity last May at Constan-
unopIo. may in his zeal as a new con-
vert To Islam insist that Turkey too
has an up to date civil and criminal
code, elaborated 10y foreign and Ottoman
jurists. That is perfectly tue II l.
sort Of unavoidable blend Of the Code
Napoleon. and Of the Islamic Cheriat
and Multeka, and 1t exists merely for
show.
thereto Is apparent from the admissions
of Nejneddin Bey. a Minister Of Justice
Of the now regime at C0nstartinoplc.
In the mIds; Of one Of his enthusiastic
eNordlums concerning The reforms in
ausuratcd by his Government in the
administration of laws, in the personnel
IF the judiciary and in the enforcement
of the new code he was interrupted
with "A question as to whether his prof.
ect provided for a system of justice.
common alike To Moslem. 10 Christian
and To Jews, which would pace them
all on an equal footing ani endow them
with the same rights In the eyes Of the
law. He suddenly paused, made no at
tempt to conceal his horror and distaste
at the bare mention of the proposal and
finally replied very decidedly and cate
gorically:
THAT is an eventuality which II IL
impossible for a Mosem even To con-
template. The idea would never occur
to him"
The entire system Of justice IN Tur-
key Is religious and is subject not To
the Minister of Justice but TO the
Sheik-ul- Islam who Is not only the
Moslem primate Of the Empire but also
It's Lord High Chancellor, in this sense,
that he is the head of its judiciary, the
supreme judge of the land, from whose
decision there Is no appeal, not even TO
the throne. Twice week he preside 8
over the supreme court of Justice, or
Arzodessi, which Is attached 10 his pal
ace at STEAMBOAT.
He has absolute control over the
lmans. molahs, ulemas and softas. as
well as over the superiors of the vari-
Gus mcdrasses, or theological colleges,
and also over all judicial courts and in
stitutions. All the Judges and mag.s-
trates of the empire hold their office
from him, and how thoroughly they are
subjected to religious influences Is APP
parent from the fact that the revenues
required for their maintenance are de-
rived from the vakouf. or church lands.
These are enormous in extent. In
fact the Statesman Year Book one
of the most conservative of standard
works of reference, declares that at
least three -fourths of the urban prop
erty of the ottoman empire belongs to
the vakoufs. 1t Is no eNaggeration in
deed To assert that it holds most of the
freehold In the Sultan's domnions, and
is the ground landlord of the vast ma
jority Of the population. The leases
which II grants have all sorts OF OPP
pressve stipulations, among them one
to the effect that II a leaseholder dies
without a direct heir, son or daughter
or grandchld, the property reverts ipso
facto to tho vakouf and cannot be be-
queathed 10 either widow or other rela-
tives
II Is quite out Of the question to bring
the Moslem interpreters Of lsamic law
To- moderni2e their application thereof,
or 10 realize that the times have changed
since its precepts We're devised by the
Prophet fourteen centuries ago, in
Arabia, TO suit the needs of nomadic
tribes in a pastoral country, From the
Shoik-ul-I Islam at STEAMBOAT, and from
he Grand Mufti nj Cairo, down TO the
widest Cndi or MAGISTRATE. 1t Is re-
g -ded in the light OF mortal sin, and
as wcrilegc, TO swerVe from what are
una stood to he the teachings of the
found of their faith.
How 'his works out was seen by the
refusal IN 1910 of the Grand Muftl at
Cairo ratfv the capital sentence
passed u ,on Wardani, the assassin of
Prime Nj lister Boutrca~ Pasha. Cop
tic Christian. on the ground that ac-