Evening star., 1951-12-07
Court 10 Rule Monday
On lis Jurisdiction in
China Air Force Suit
By Howord [. Dutkin

District Judge James r. Kirk
land next Monday will rule on
motions to dismiss legal actions
by the Chinese Republic against
two of its former air force pro-
curement officers here.
The jurist announced he will
hand down a memorandum opln-
ion at 10 am. Monday, covering
the question of the courts juris-
dictional rights in the case and
the granting of temporary in
junction. He heard arguments
from attorneys for the Chinese
Repdblic and for the air force
men yesterday.
Also to be decided Monday is
plea by the defendants to vacate
a court order, which named a
custodian for the procurement Of
flee records. property and funds
pending outcome of litigation.
DismisSals Not Accepted.
The former air officers, 1t. Gen.
Pang Tsu Now and Col. Ve-Shuen
Hsiang. have refused to accept
dismissal from their posts, as Or.
dered by Generalissimo Chang
Kai-shek, and seek to maintain
control of funds and records.
through the belief, it was said.
that the funds may be misused.
Their attorneys, William A. Rob-
erts and Warren Woods, con-
tended the officers dismissal fol-
lowed complaint by Gen. Nov
to Gen. Chang that there was
corruption evident in the Chang
regime.
The defense also maintained
that Gen. Chang had usurped
the post Of head of the Chinese
government and that the real
chief is Ii Tsung-Chen who sue
ceeded Gen. Chang as acting pre-
Sident when the latter announced
his retirement in 1949. Gen.
Chang later on reassumed the
reinS. The defense. in questioning
the courts jurisdiction, main
tanned the court has no power
to enforce the penal and revenue
laws of foreign government"
Representing the Chinese repub-
lie were Attorneys William L.
Leahy and Robert P. Patterson,
former Secretary of War.
Mr.. Leahy in a vehement, fist
pounding plea. declared the ques-
tion of who is head of the Chinese
government has no bearing on
the case, that it is simply a suit
for an accounting filed by an en-
ployer against two faithless en-
ployes."
Truman Letter Cited.
Although denying that the mat
ter is relevant, Mr.. Leahy cited a
congratulatory written by Presi-
dent Truman on the occasion of
Nationalist Chinas anniversary
last October 9th and addressed
to "Generalissimo Chang Kai-
shek, President of the Republic
of China"
Mr.. Leahy scornfully referred
TO the two airmen as soldiers
who refused to obey orders of
their superiors" and who took 1t
upon themselves to dictate what
should or what should not be done
with governmental funds and
records.
You might think they owned
the place" Mr.. Leahy stormed,
referring to the air force procure
ment Office at 2110 Leroy place
NV. He declared Gen. Now was
guilty of arrogant defiance" and
"bellyaching complaints"
Meanwhile, a report filed with
the court by Custodian William
P. McCracken told of the opening
of one of three safes found in the
air procurement office. The safe
was found to contain secret
Chinese military code, the report
said. and was relocked. Locks
on the doors also were changed.
The other two safes were not
opened, since the combinations
were not known.
Besides the matter of records,
the legal battlee revolves around
control of some ST million in
governmental funds.