Evening star., 1925-08-20

whether in private or international
| relations.
1t was vastly more telling than an
act of mere sentimental generosity,
which, in the light of age-long Chi
nese thought OF her superiority over
the rest of the nations, might easily
have been construed as subtle trib-
ute to her greatness, by a nation
fearing her ultimate wrath.
When our Secretary of State,
Daniel Webster, gave his instructions
| to our first Minister to China, about
| the year 1S40,. he directed that spe-
cial emphasis be put upon our re-
fusal to pay tribute to the Chinese
| Emperor-as had been the custom Of
many Asiatic nations for centuries.
| * x
Extraterritoriality in China was ao-
| corded in 1914, in our first treaty with
| that country. 1t has since been given
| to other treaty powers, so that now
| the Chinese protest against a great
| multiplicity of courts which compl-
! cate not only proceedings in which
a foreigner and a Chinaman may be
| the -Atigants, but cases where two for
eigners, from different countries, may
each claim protection, not according
! to Chinese laws, but according to the
conflicting laws of the foreign coun-
| tries. The question as to which set
of laws should apply in such a case
| depends upon which national sued
| first.
There is no immediate certainty that
the treaty nations will agree to the
abolition of the right of trying their
nationals before their own courts, al
| though that abolition was urged at
! the Washington disarmament confer
| ence of 1922, and seeming encourage
ment was given to China in resolu
| ton No. s, which, however, merely
promised that the nations would ap-
point a commission to consider when
| and how the extraterritoriality courts
! might be safely abolished. That COM
| mission, making no promises of under
| taking the abolition desired, will meet
| in October to consider the situation;
| 1t has not met heretofore, because II
| had no powers until all the treaty
| nations had signed and accepted the
| conclusions of the conference; France
| signed only a few weeks ago.
BY the resolution at the conference.
| it was stipulated:
THAT China, having taken note
of the resolutions affecting the estab-
| lishment of a commission to investi-
gate and report upon extraterritorial-
ity and the administration of justice
in China, expresses it's satisfaction
with the sympathetic disposition of
| the powers hereinbefore named in
regard to the aspiration Of the
Chinese government to secure the
abolition of eXtraterritoriality in
China, and declares its intention to
appoint a represe entative who shall
have the right to sit as a member of
said commission, it being understood
that China shall be deemed free to
accept or reject any or all of the
recommendations of the commission
Furthermore, China is prepared to
cooperate in the work of this com
mission and to afford 1t every possible
facility for the successful accomplish
ment Of its tasks.
Adopted by the conference on the
limitation of armament at the fourth
plenary session, December 10, 1921"
The Chinese ideals Of courts and of
law are widely different from our own.
There is no demarcation between
statutory law and the discretionary
power Of a judge to make his own
laws to fit the case before him, so
long as he rules along lines of 'rea-
sonableness'-at his own definition
as to what that means.
In the eighteenth century Emperor
Kang Hsi issued a decree urging and
commanding the people to avoid ap-
peal to the courts, but to submit all
disputes to arbitration for compromise
settlement, and he added:
Il desire therefore that those who
have recourse to the courts be treated
without any pity, and in such a man
ner that they shall be disgusted with
law, and tremble to appear before the
judges. In this manner the evil will
be cut up by the roots; the good
citizens who may have. difficulties
amongst themselves will settle them
like brothers by referring them to arbi.
tration. AS for those who are trouble.
some. obstinate and quarrelsome. let
them be ruined in the law courts
that is the justice that Is due Them
ICoDyught-. 1925. by PAM Z. CsaitnAx