The New York herald., 1921-11-26
PEKIN wins AGAINST
FOREIGN TRIBUNALS
DR.. Chung's Arguments Gain
Favorable Action-Changes
Will Be Made Slowly.
POST OFFICES UNDER FIRE
Principle Of Abolishing Extra
territoriality in China Is
Definitely Accepted.
POST OFFICES UNDER FIRE
Special Despatch TO THE NEW Yosx HEaALn
New York Herald Bureau.
Xashiupton. ID. G. Nov oS

Special Despatch to THE NEW YoSx HERALn
New York Herald Bureau,
Washington. ID. c.. Nov. 25.
The nine Powers considering the
Far Eastern question at the Washing
ton conference to-day took the first
important step In dealing with China's
foreign relations. This was in the
direction of removing extraterritorial-
ity from the Chinese system.
A subcommittee was appointed to
examine the facts so that an intell-
gent decision may be reached.
The nations have agreed in princi-
pie that the time has come when the
elimination OF extraterritoria.ity must
be undertaken. Having agreed to this
in principle. there remains the decision
on when and how this shall be done.
Another important development In the
Chinese situation was Acknowledge
ment on the part of spokesmen for the
American delegation that the fourth
point in the Root proposal does not pre-
clude the discussion Of past events In
China and the way is opened for publ
cation OF the secret agreements con-
cerning China, which the Chinese dele
cation Is urging.
Want own Postal System.
In addition TO discussing the question
OF extraterritoriality the committee OF the
delegates listened to an argument pre-
sented by DR.. Alfred Sze, Chinese Minis
ter In Washington, advocating the aboll-
ton Of foreign post offices in China.
China's case In favor Of the removal
OF eStraterritcriaiity Was presented by
DR.. chuns-Hul Wang. Chief Justice OF
China.
DIR. Sxs made an exhaustive argument
in favor of the abolition OF the foreign
post Office system. The committee dis
cussed Dr.. Sees proposal. but confined
IT'S definite action to the question OF ex-
traterritoriality.
The Japanese delegation, during the
day. took occasion to express its hearty
sympathy with the move TO eliminate
this system from China, explaining It
had suffered from, the same system on
It's own account and knew how 10 sym
pathize with the Chinese objection to
the system.
Back of the unilluminating official
communfque OF the conference, to the
effect that subcommittee had been
named to pass on the extraterritorial
question, is the knowledge that the sub.
Ject was discussed from all OF its vari.
Gus angles behind the closed doors.
The Chinese are understood 10 be
reasonable in presenting their demand
and are not insisting that the system
OF foreign jurisdiction now in existence
be abolished at once. They would prob
ably be the first 10 object to such dras-
tic action. Acceptance OF the princp ple
OF adjustment Is what they want now
and are suggesting a plan which would
eliminate the system after a definite
number Of years.
Foreign Courts began I'm 1914.
The extraterritoriai system was es.
tablished by a treaty with the United
States in 1914 and later by similar
treaties with the foreign Powers.
DR. Chung. presenting the case OF
China, said "Extraterritoriai rights
were granted AT time when there were
only FIVE treaty ports, that Is. places
where foreigners could trade and reside
Now there are ATTY such places and an
equal number of places open to foreign
trade on China's own initiative. This
means an ever increasing number OF
persons within her territory over whom
she Is almost powerless. This anon
alous condition has become a serious
problem with which the local admins
tration Is confronted and IL the impair
ment Of the territorial and administra-
tive integrity OF China Is not to be
continued the matter demands irnmedi-
ate solution. ] should like to point out
few OF the serious objections to the
extraterritorial system. In the first
place, Il is in derogation OF China's
sovereign rights and is regarded by the
Chinese people as a national humlia-
ton.
"2. There Is a multiplicity of courts In
one and the same locality and the inter
relation OF such courts has given rise 10
a legal situation which Is perplexinK both
to tho trained lawyer and to the lay
man.
"3. Tho disadvantages arising from
the uncertainty OF the law. The general
rule Is that the law to be applied In y
given case Is the law OF the defendants =
nationality, and 20 in commercial
transaction between. say. X and Y Of
different nstionaiities. the rights and
liabilities OF the parties vary according
as sues Y first or Y sues X first.
Ends of Justice Hnmpered.
-. When causes OF action. civil or
criminal, arise In which Foreigners arc
II Is necessary for adjudl-
cation that they shall be carried 10 the
nearest consular court. which may b.
many miles away, and so Il often hap
pens that II Ia practically impossible TO
obtain the attendance OF tho necessary
witnesses or TO produce other necessary
evidence.
"5. Finally. Il is further disadvan-
tage to tho Chinese that foreigners IN
China under cover of extra territoriaiity.
claim immunity from local taxes and ex-
cises which the Chinese are required TO
pay. SIR Robert Hart. who worked and
lived In China for many years has this
10 say: The extra territoriality stipula-
lion may have relieved the native off
ciai OF some troublesome duties. but y
has always been felt to be offensive and
Continued on Page Three.
THE PLAzA--sunday Dinner Musicafes IN