Shanghai, 28th October, 1904.
Sim,—I have the honour to acknowledge receipt of your letter of 27th inst. having reference to the " Alhambra" case. From this communication the Council is glad to learn that the Consular Body is unanimously disposed prevent public gambling and to minimise the conditions which attract disorderly persons to Shanghai. Under those circumstances the Council cannot but regret that the procedure adopted by the Spanish Consulate in regard to the prevention of gambling at the "Alhambra" is not, of fts nature, calculated effectively to attain the object in view, and this is the more #0 as effective steps had been taken in regard to the same matter by the U.S. Consulate-General, in the issue of an unconditional warrant. The Council is now addressing the Spanish Consul in the sense indicated by the Consular Body's letter and, forwarding the money seized on the occasion of the Police raid at the " Alhambra," will apply for a new summons against the proprietor Schwartz.
In reference to certain points raise in your letter under reply the Council would observe that foreigners, by treaty extra-territorislised, in China are subject only to the jurisdiction of their own Consular authorities whether resident within or without Treaty Port limits. By virtue of the Land Regulations, the Municipal Police are charged with the executive duty of effecting arrests under Consular authority within the limits of the foreign Settlement; strictly speaking, those executive functions in relation to foreigners cease at the Settlement's boundaries, but it is nevertheless the frequent practice of the Consulate to avail themselves of the services of the Police rather than to make application to the Chinese Authorities for the arrest of their nationals beyond Settlement limits.
As regards the Council's right, to maintain order and to apply the local trafic and other regulations on Municipal roads outside Settlement limits, that right has been constantly enforced and it has bee consistently upheld by the Consular Body. Inthe rare cases where raids or special arrests of Chinese subjects hi been required in districts adjacent Settlement but remote from Municipal roads, " special warrant of the local Chinese Authorities has been applied for, but under no circumstances is any special "grant" required for the of control on Municipal roads. The authority to purchase and construct these roads is contained in Land Regulation and the Council's right to protect interests and property of foreigners re. sident in these localities has invariably boon recognised and supported. In this connection it may be observed that until the recent extension of the Settlement the Municipal Police were established and functioned regularly in the present western district at the Carter Road.
As regards the " Alhambra" entrance by the Police into there would appear to be a misunder standing as to the facts. The Cou duly obtained and holds the Spanish Consul's warrant (copy herewith enclosed) without which no steps could have been taken. It is true that the procedure for executing this warrant may be said to have been modified by the condition named by the Spanish Court on the 29th August, whereby the presence of Consular deputy was required before any search could be made. On the occasion of the raid, the Captain-Superintendent endeavoured to obtain the services of this deputy in such manner as to make the efforts of the Police effective, but, failing in this, he acted under his instructions so as to attain the object named in the Spanish Consal's warrant; and this course soamed to the Council expedient and right inasmuch as there was reason to jove that those objects were actually defeated by the delay in asking for and obtaining the deputy's services.
have the honour to be, Your obedient servant, F. ANDERSoN, Chairman.
Joux Goopnow, Esq., Consul-General for the United States, and Senior Consul.
(Bnclosure.
Consulate for Spain, Shanghai, 16th July, 1904.
Siz—You are empowered by this warrant to enter and search any Spanish-owned house of public entertainment on the roads out of the Shanghai International Settlements where you suspect that public gambling is being carried on; and to seize all gambling apparatus therein, being Spanish owned; and to arrest and bring for trial any Spanish subject found operating gambling apparatus.
is warrant will stand until further notice in writing from me.
Tam, Sir, Your obedient servant, G. pet Castro, Consul.
To the CarraiN-SuPeRINTESDEST, Municipal Police, Shanghai.
Shanghai, 8th November, 1904.
Si,—I am directed to acknowledge receipt of your 04/595 of 28th October, 1904, having reference to the Alhambr case; and to say that the fact that we donot now controvert the propositions laid down in your letter must not be construed to mean that we admit their correctness.
Tam, Sir, Your obedient servant, Joux Goopxow, American Consul-General and Senior Consul, F. Axpenson, Esq., Chairman Municipal Council.
Text read from the printed page and cleaned; old type leaves the occasional error.