The case concerning Dr. Wu 'Ting-fang and the Canton Funis was concluded on Wednesday afternoon at the Mixed Court, before Mr. Blackburn, British Assesser, and Magistrate Li, when the Court' made a new order restraining Dr, Wu from removing from any bank or banks moneys, being the surplus Customs Revenue remitted by the Government, at Peking for the use of the Military Gor Republic of 'Mr. R. N. Macleod appeared in support of the original motion urged by Chang Chih-chao, and Messrs. 8. Fessenden and M. Reader Harris appeared for Dr. Wu. Dr. Fischer watched the case on behatt of the Chinese' Government.
The decision of the Court, which was read by the Assessor, was as follows This matter is before the Court on un application by compel for defendant for an order that the action be dismissed and the injunction granted herein on April 17 be dissolved.
On April 28, we said in this Court: "It appears to us (subject to arg ment) that the proper course for us to adopt, and that in fact the only thing in our power to do, is to preserve this trust fund and not allow it to be used for any purpose whatever wutil either the parties have come to some agreement as to its disposal, or we are otherwise satisfied beyond all manner of doubt, and without the introduction of questions of constitutional law, as to the person or persons to whom the fund should be paid, or in whose hands it should be allowed to re-
On May 20 we heard argument by counsel on both sides. Mr. Fesseaden and Mr. Harris on behalf of Dr. Wu Ting-fang maintained that the whole matter was a political one and so not within the jurisdiction of this Court, and also that our injunction was bad on two grounds,—firstly because injunetions ought not to be granted political cases, and secondly _because the injunction being ancillary to the main suit, it must be dissolved with our refusal to decide the issues on which the suit depend-
Mr. Macleod on the other hand maintained that in its essence the case was not political at all, that it was composed of a number of issues of fact capable of proof by ordinary legal methods, and that this Court was not only competent but bound to take jurisdiction.
Text read from the printed page and cleaned; old type leaves the occasional error.