Evening star., 1926-11-29
WORLD PR0BERS
HOPEFUL ON CHINA
Modification of Extraterrito-
rial Systems Urged, With
Gradual REIMBURSEMENT.
BY the Associated Press.

Despite the chaotic conditions pre-
vailing in China the international
commission which recently completed
an exhaustive study Of extraterritorial
treaty rights in that country has
| made an optimistic report to the 13
| governments concerned.
1t not only found immediate modi-
| fication Of some of the extraterritorial
| systems advisable. but recommended
! gradual REIMBURSEMENT Of the remain
| ing privileges. timed to coincide with
China's progress toward moderniza
! tion Of her legislative and judicial
| systems in such way that the 254.006
| foreign individuals and 6.473 foreign
| firms affected would he assured ade-
Quate protection.
Further, it suggested that steps he
! taken to correct abuses by foreign
| nationals under the treaties and short
comings in their application by rep
resentatives of the governments. AT
the same time It did not minimize the
apparent impotence of the Chinese
authorities to check crime at present,
and cited long list Of outrages COM
| mitted while it was meeting at Peking
| which went unpunished. although the
perpetrators were known.
Authority Limited.
Created by the Washington confer
ence Of 1922. the commissions au-
thority was limited to making a study
of conditions under the treaty, urged
by the Chinese government in view Of
| the advance Of natiOnalistic feeling in
that country. and reporting its concu-
sions and recommendation 10 the
powers represented. Any actions that
ensue must he taken by the govern
ments. which now have the report un-
der consideration.
The report was signed for the
United States by Silas n. Strawn OF
Chicago. chairman Of the commission
The Chinese commissioner, Wang
Chung Hui. signed with the reserva-
ton that his approval Of the recon-
mendations did not imply approval
also Of the statements made as to
facts found.
There were four recommendations.
some Of them subdivided. II they
are "rea sonahly complied with" the
commission stated. surrender of ex-
traterritorial rights would be war
ranted.
The first said that administration OF
civil justice In China must he pro-
tected against interference by the
executive or other branches OF the
government, whether civil or mill
tary."
The second declared that China
should adopt a definite program Tor
improvement Of legal, judicial and
prison systems; enact through legls-
| lative bodies, not by executive DEGREES.
necessary codes for civil. commercial
and criminal procedure and laws COW
ering banking, bankruptcy, patents.
| land appropriations. etc. and provide
also for the adequate financing OF the
machinery thus set up.
The third suggested that pending
! fulfillment Of this program the treaty
powers might consider the abolition
| Of extraordinarily according to
such progressive scheme whether geo.
graphical, partial or otherwise) as may
| he agreed upon
Modification Outlined.
! The fnual recommendation outlined
a plan for immediate modificat ton. In
co-operation with the Chinese. OF exist
| ing extraterritoriality systems.
The suggested modification included:
! (a) Administration by extraterri-
torial and consular courts Of such
! Chinese laws and regulations as may
he adopted.
| (h) Transfer of mixed cases at
law between extraterritorial foreign
| Chinese courts" without intervention
/ OF foreign assessors. existing special
mixed courts also to be brought into
accord with the modern Chinese Ju-
dicial system and lawyers OF treaty
power nationality to he permitted to
| practice fully before both courts In
mixed cases.
| (c) Extension Of protection to Chi
nese individuals or shipping interests
iby extra territ oriality protected forelgh-
| ers to be suppressed by the treaty
powers, which also should require
compulsory registration OF their ma
| tiOnalS in China.
! (dD Extension OF reciprocal Judicial
! ssistance between Chinese and extra
territorial courts and officers, includ-
| ing enforcement by each of the proper
writs and processes of the other, and
recognition and enforcement OF arbi-
| irrational settlement of civil disputes.
| (e) Pending abolition of extraterritor-
iality. nationals of the treaty powers
in China to he required to pay all Chi
nese taxes duly recognized by the
powers as applying to such nationals
Regarding the recent crimes cited.
| the report noted the "callOus attitude
| of Chinese military chieftains, which
brought about. even in Peking itself.
| "such complete disregard of the prin-
ciples Of justice"
Immunity Is AssaiIed.
| BY virtue Of Chinese law ITSELF
t.e report confined the legal posi-
| lion of the military renders them im-
mune from Jurisdiction Of the ordi-
nary courts, while their power. in
! fact. often renders them immune from
all courts. This immunity is liable to
| he extended to the friends OF the mill
tary and to commercial firms and or
sanizations in which they are inter
ested. Ample evidence of the fore
going Is brought out by the fact that
the military is constantly committing
crimes which go unpunished.'
A preliminary summary disclosed
that the growth of natiOnalistic feel
ing in China. along with IN" rapid ex'
pa nsion of foreign interests" under
| lies the demand for abolishment of un-
equal treaties. A survey OF the
| "anomalies' due to employment of
many law systems by various foreign
courts, lack of legal training Of many
consular officials who conduct such
courts and the condition. obviously
unfair to Chinese litiea nts," which
makes appeal from foreign court de-
cisions lie in appellate bodies remote
from China, was included.
Attached taDleS snOWeu tnat 20 per
cent of all extraterritorial foreigners
are japanese, British. American. Por-
tugese and French. In the order
named. Japan leading with 21s.351. a
ma tority Of whom are In Manchuria.
The British total In 1921. American
0a44. The japanese commissioner
placed the 1924 total NJ Japanese ma
tjonals in China, Koreans and For
mosans included, at l.e32.716.
Russia leads among the non.extra.
territorial foreigners. with s8.235 in.
dtyiduals and .270 Arms.