The Archive · 1915

The Qualifications of

ASSESSORS

A special function was held at the Palace Hotel last Friday in connexion with the American Bar Association, in honour of Mr. C. D. Severance, of the firm of Messrs. Davis, Kellogg and Severance, prominent lawyers of St. Paul, Minn., and alto for the purpose of hearing paper by Mr. T. R. Jermigan on The needs of the Mixed Court of Shang! There was a large attendance, presided over by Hon. S. Lobingier, Judge of the United States Court for China. Mr. T. Sammons, the American Consul-General, was also present.

After a warm welcome had been extended to Mr. Severance, the latter addressed the Bar on the different changes going on in the United States, especially with reference to the uniformity of the and the efforts made by the American Bar Association to bring about a more uniform code of laws between the different states.

Mr. T. R, Jernigan, in his address aapon the needs of the Mixed Court cof Shanghai, spoke especially with regard to the qualifications of the American Assessors. He said that the American Goverment had seem-lingly been indifferent to that part fof the question, in that many of the Mixed Court Assessors had had no Jegal training whatever, and al-Ebhough possessed of good natural endowments no one could fulfil the kind of evidence was odmisaible and what weight should be paid to it. Mr. Jernigan also took the position that under the "favoured nation' doctrine the Assessors of the International Mixed Court had a right be present at the trial of all cases, whether civil or criminal, because in the French Mixed Court the Assessor had that power. China had not objected, and she could not favour one nation without" favouring another. Mr. Jernigan J.also urged that on account of the large amount of business involved between the native and foreign merchants well as between the tive merchants themselves, it was absolutely necessary," in the interests of all the businesses, the cases in the Mixed Court should have the supervision of a foreigner. The speaker said, however, that in his opinion there should' be no such tribunal as the Mixed Court in the Settlement at all, but there should be a court composed of two foreign judges, recognized for their integrity and competency. That was the kind of court that would satisfy foreigners and thoughtful native mer chants aswell.

Text read from the printed page and cleaned; old type leaves the occasional error.

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