Subject to American Consular Jurisdiction: The Alleged Offender in Dairen Assault Charge Must Submit to tke U. S. Court Aa important decision relating Governments of China and Japan to American extraterritorial the treaty rights of the United rights in the Leased Territory of States and its citizens in China; the "Liaotung Peninsula was the political or territorial integhanded. down by Mr. rity <f the Republic of China or Lurton at the U. Commission-the international policy relative er's Court on" Saturday. 'The to China, and commonly, knows ease_was one in which an Ameri-as the Open Door policy," can shipmaster, Arthur W. Smith, here very apparent' that was recently charged with assault? the United States hus not been a ing. three © seamen at Dairen, party to or has in any way Major C. P. Holcomb, on behalf Waived her extraterritorial rights of the accused man, moved that given to her by the various treat the Court had no' jurisdiction, fes with China, and took the casion to s0 notify both Chi committed within the peace of the the alleged offence having "teen and Japan before this treaty was Emperor of Japan. actually signed.
overruling the motion, the Commissioner held that the Unoccupied a very important part ho, same question subsequently ited States. Government had in the Sixth Plenary Session of never relinquished its extraterthe Conference on the Limitation ritorial rights in the territory of Armament held in Washington named, and that a primd facie on February 4, 1022. que ad boon made Sut against "The Chairman, on bebait of the prisoner, who must submit to Government of the United States the Court's jurisdiction. read in part as follow 'Ta the course of his interesting "With respect to. this grant, min, the Commissioner, after the Government of the United Tefering' to various trenticg with States will, of course, regard it regard to the peninsula, said: as not intended to be exclusive, and, as in the past, will olnim parties ese treaties, it analysing the intentions of from the Chinese Government for Appears that China in the American citizens, the tenefite Pongo made wit Rusts reser. facoruing to them by virtue of the: ed to hot wolf her Sovereign. Pow most, favoured nation clause in fre over this territory as it. was the Treaties between the Uaited Sapte we aad me boa States and China." that in the Treaty' of Poses, be-eum, Te further" eppesct been made a permanent record, Tu hens ottrances, which, have tween Russia and Japan, these and adopted by the United States tain rights. were: trusatetred 10 Government, it shows conclusive: the latter subject, however, to the ly that it never has relinquished acquiescence of China which apity extraterritorial rights in. this, pears to have boss. givea purtioular te question. meats later, The period of Te further oppe at Mie. thin lee as aoquized by Sapa Hay, Secretary of State in 1900, only until Ins instructed the Consuls, in hima that they had no. authority exereine" extraterritorial juris diction or to perform, non-Judicial Consular acts within the tame "ander the. title of eased. territory under their pre Treaty' Respecting South Ma sent Chinese excquatars clit and Eastern riner Mon the memorandum of Mx, things extended the form of the olm. This treaty among other Van Dyno, Assistant Solicitor for the United States, ho teens to Ieasn o¢ Port Arthur od Daiven different. view of thie for a period of 29 years. Tt also situation than did Mr, Hay, and contained an article which can be "As it in expressly. stipu-said bears strongly on the. ques: Inted in the louse that China rotion thas in Woing "considered taing sovereignty over the for here, ritory leased, it could doubtless 'This article known a article asserted that such ter No. 8 of said treaty in the second paragraph thereof' read ay. fol-Pewee "ets and' crtninel game granting consular Anes, aboli be tried and ade which the defendants are Jape Jurisdiction are still applicable therein. But in view f the ex-Judicated by the Japanese com press relinquishment of juris "thos in which the defendants. fiction by China, 1 infor, thab ried. and the reservation of sovereignty is merely intended to cut off pos: ities. "In cither case, an officer tible future claims of the leeseex may be deputed to the that the Sovorcignty of the, terattend ritory in permanently vested, in amongst ci thems The intention and effocle ese and Japanese relating to fof these eases appear, to me to Jand, shall be tried and adjudi have been the relinquishment, by cated by delegates of both nati China, during the term of the conjointly in accordance eases," and the conferring upon Chinese laws and local usage." the foreign power in each case of In construing this particular all jurisdiction over the territory. part of the treaty, it shows con-Such relinquishment would. scorny Clusively that' Japan recognized also, to involve the loss by the the sovereignty of China, and United States of its right to ex-reiterated in specific terms her excise consular jurisdiction in, the extraterritorial rights for her territories leased. And, as Mr. subjects and docs not claim Conger suggests, as these territory supreme powers to herself to the ies have practically passed from exclusion of Chinese sovereignty the control of an uncivilized poothis particular territory. ple to civilized, there would seem During the tween Japan and El {o'be no substantial reagan for ing this treaty, the famous 31 geatinaing to exercise ich juris: action."
Demands presented to China Tudgo Moore in his Internation Japan came into existence, al Law Digest says: Te is, the of which, bore onthe extension of the lease of Port duty of the courts not, to construe intact of Congress as modifying: Arthur and Ds On May 8, and annulling a treaty mad with another nation, unless ite to China by Japan requiring lola, am ultimatum was, handed te agree to thesy demands which ova leery and alonply int to, such a construction 3 the former claims was accepted This principle of Judge Moore's duress. However. befor seems to cover the situation here: acceptance was ted States Govern-cated the reser of the America fog se juriadietion of tne United is ease is the one that is attad "iovotyed, The defendant
Over him in am action brought in States. in exercising its authority Federal Court. There is positive assertion on the part of ona which have taken. pi The United "Stator that it, haa "which are. now pending, be its treaties with China iiceen the Government of Japan, in respect to the issue involved fand of the agreements which have thig case. Tt might be suid been read as a result - thereof, that this situation would become the Government of the United more complex, should this, same States has the honour to notify objection be made by a friendly the Government of the Chinese Power, a8 the disposition of the Republic that it cannot recognize matter would then be adjudicated: any agreement or undertaking a totally different tribunal. hich has been entered: into. of But such is not the case, may be entered into between the Having taken into considera:
Text read from the printed page and cleaned; old type leaves the occasional error.