Evening star., 1937-12-28
DEATH DECALOGUE
THREATENS RIGHTS
Japan May Deprive U. S.
Citizens of American
Courts in China.
By CRESTON b. MULLINS.

OF decalOgue OF nOStlle aCLS against
Japan's armed forces for which
Americans and other foreigners will
face the death penalty was regarded
in official Washington circles today
as possibly the first step toward aboli-
ton Of the right of foreigners in
China to protection of their own laws.
Dating back nearly a century, this
right of extraterritoriality, possessed
at the present time by 16 nations in
treaties with the Chinese govern
ment, has been the safeguard for
western peoples sojourning in China
against a legal code and legal prac-
tices which have not yet been brought
into full accord with western con-
cepts of justice.
The declaration OF the Japanese
high command in Shanghai, although
limited for the moment to the Hong
kew and Yangtzepoo sections Of
Shanghai-areas in which some of
the bitterest fighting occurred during
August, September and October-is to
be extended to all conquered portions
Of China as long as the Japanese
remain in occupation, according to a
japanese spokesman.
Harboring Plotters Included.
The acts for which foreigners would
be hailed before Japanese military
court with death the penalty on con-
VictiOn were listed as:
Hostile acts against Japan's armed
forces, espionage, endangering or
causing bodily harm to persons in
Japan's armed forces, interfering with
any communications line, destroying
electricity or water supply systems.
stealing or destroying arms or NUM-
tions, using poison bacteria with in
tent to harm Japans armed forces,
all other activities designed to dis
turb the peace of Japan's armed
forces, planning. instigating or as
sisting in any Of the prescribed ac-
tivities, and harboring persons en-
gagged in them.
Several Of these specified sub
NSlSAfC dA 10 dlC UlOdu CIoukll W
clude many crimes and misdemeanors
which under foreign law would be
punishable by penalties far less dras-
tic than death.
For example, the three last clauses
are so extensive as to permit Japanese
military courts almost complete con-
troll over the activities of foreigners.
Any misdemeanor might be regarded
as designed to disturb the peace of
Japan's armed forces" and any for
eign householder with Chinese serv-
ants might be accused of harboring
. person engaged in hostile acts, re-
gardless OF how ignorant he might be
OF the acts of those servants.
Planning, instigating or assisting
in any of the prescribed activities" is
also broad enough language to give the
Japanese military tribunals wide lati-
tude for sitting foreign opposition.
U. S. Not Officially Informed.
The State Department this morn
Ing had not yet received official noti-
dcation Of the Japanese proclamat ton,
and 1t wis indicated in Shanghai yes
terday that the foreign consuls prob
ably would not be notified. In the
absence Of such notification the Amer
lean Governments attitude Is being
held in allegiance.
There will be no disposition on the
part Of this Cover ..ment to accede
without protest to japanese unilateral
abolition Of extraterritoriality but any
steps that may be decided upon must
await . specific instance Of the denial
OF extraterritorial rights to an Ameri-
can national by the japanese.
On the other hand, there is full
recognition Of the fact that after the
Panay incident and its failure to re-
suit In more than harsh protests, the
termination of extraterritorial protec-
ton would not arouse the American
people greatly.
What does irritate American Official
dom, however, is the obvious breach of
international law in the assumption
by the japanese military of rights
which accrue only to an army con-
quering during the existence of state
OF war. Such state of war has not
yet been admitted by the American
Government, at least for the purpose
OF invoking the neutrality act.
Treaties Involved.
The American rights specifically
endangered arise out of the treaty of
Wang-hea Of 1874, the treaty Of
Tientsin Of 1858 and the commercial
treaty Of Peking Of 1880.
The 1874 agreement was replaced
by the treaty Of 1858, which enlarged
upon the extraterritorial privilege.
The pertinent articles are:
Article IL, - citizens of tho
United States " who may insult,
trouble or wound the persons or in
jure the property of Chinese, or COM
NIT any other improper act in China,
shall be punished only by the Consul
or other public functionary thereto
authorized, according to the laws of
the United States.
Article 27. All questions in regard
to rights, whether OF property or per-
son. arising between citizens of the
United States in China shall be SUBJ
ject to the jurisdiction and regulated
by the authorities of their own Gov-
ernment; and all controversies occur
ring in China between citizens of the
United States and the subjects of any
other government shall be regulated
by the treaties existing between the
United States and such governments
respectively, without interference. on
the part of China"
The commercial treaty of 1880 con-
tanned the following article in regard
to civil actions between Chinese anc
Americans:
Article 1. When such controversies
arise In the Chinese Empire between
"a