Tt is clear that whatever was Jdone with these goods was done by tone. side or the other in the recent. fighting here: Such' kaleidoscopic changes take place in China that I do. not know which side was the Government, by which I mean the Government recognized as the Government of China by -His Majesty's Government. But I do know that there was fighting and it would appear that if General Ho Feng-ling was able to give delivery of these goods he was for the time being in control of the Dock. How this Court is to decide jo matter of that sort, I donot. know. I sit here under' the treaty! to administer English Law: and I am invited to decide intricate questions as to the position and power of individuals in Chinese political disputes, and as to the rights of. Delligerents as regards Government. stores and munitions; and not. unnaturally I shrink from such a duty. doubt it has been the practice this Court in a similar matter where money is involved to order the. money into Court and await the decision by the competent Court of the dispute as to the ownership. Such an order was made by me in respect of a family dispute as to certain moneys in a British Bank, and as to the proceeds of. certain promissory notes admittedly due a British corporation. But it is urged that that practice is wrong: and that once an action has bean started by a Chinese plaintiff against a British subject he is entitled to have action heard and determined: irrespective of any claim by a third party. I should be sorry to think that this Court has for years been making these orders without jurisdiction: but the answer to the argument is. this, that plaintiffs cannot object: they' have come into this Court and submitted to the jurisdiction with its procedure fand law: and the power to make such an order as is asked is clearly riven this Court by the Rules. But the power is discretionary and need 0 me that T should be going too far to make any order att all on this summons. I know not the circumstances under which the goods came into the possession of the defendants save from the aff-davit of Taylor: T know not if the writ even discloses a cause of action against the defendants, I propose therefore to take the following Ya. T refuse to make any order on the interpleader summons.
lift the interim injunction already granted with the ro~ sult that it and the bond will!
bbe at an end: 3, I make an order for pleadings in the action.
The parties are thus left to their: strict legal rights, which are for too big and serious to be in any way determined or prejudiced Jsummonses. It may be that this will mean that I shall have to Jdetermine matters of political import: I hope not; but if so, it results from the state of affairs in this country.
Court not a Cockpi for Warring]
Text read from the printed page and cleaned; old type leaves the occasional error.