He said that punitive damages should be awarded and that the Council should be taught a lesson to deter them from doing wrong to others. The Council had made mistake in law—they did not know the law and they should not have taken the drastic measures they had done. They had taken the law into their own hands and should Punished. The facts were admitted, the only question to be argued was 'a question of law. Even if it were fan honest mistake, punitive damages could be recovered. The S. M. C, were reckless of the law and did not care what the law said. They had Vout the current off and that ws the reason why the plaintiff' was entitled to punitive damages. The paper was an infant, only a year old and had rials and tribulations and in addition had been victimized by the Council. Mr. Fessenden objected as there was no evidence as to any victimization by the Council.
"This is my ease," concluded Mr.
desire to remind the court late the law and I only ask for humane and impartial justice, My only aim is to save the life of the paper which is in the balance. Trask for a fair and square deal, It is the Court's duty to leave the consequences to take care of themselves and to give its decision without bias, passion or prejudice."
Mr. Fessenden:—Do you suggest that they will not, Mr. Char:—No. 1 Mr, Aall:—Buy you are suggesting it.
The President:—You must confine yourself to facts and the pleadings! and if you have chosen the wrong. form, you must stand by it.
The Council's Case Mr. Fessenden then addressed the Court and said that there was no-in the pleadings regarding punitive damages, not all Chinese newspapers same notice asthe "Courier All had paid except the "Courier.
Mr. Char here objected saying that there was mo evidence on this question. He knew nothing about any other newspapers. "Why did not the Council cut ff Wing On's And Sincere's current," he said, Mr. Fesseniden:—t charge you with a false statement, a statement which you know to be. false—you do know that other newspapers had the same notice as the "Courier.
Mr, Fessenden then went on to} say that the so-called International Settlement was not & municipality in the legal sense as understood by the Taws.of all countries, It. was in the nature of a voluntary mutual Benefit association in which certain services were provided for those who! obeyed its regulations, The 8. didn't owe sovereignty to any ration and it was not a governmental agent of any nation, Municipalities are generally _recognized as possessing a dual nature or status, one governmental and the other municipal, its governmental aspect a municipal corporation is recognized jas an_ appropriate for the adm eral laws of the territorial boundaries of the mu pality, and in that capacity becomes an agent of the state for" a local administration and enforcement of the sovereign power of the state.
Tu its. municipal aspect i isan organization subordinate to the state, the primary object of which supply the wants and regulate the conduct of congested populations bby allowing them' respectively Preserve and maintain their own peculiar traditions, customs, and! habits of life, by ordinances of their own making and officers of their own choice.
The Status, of Shanghai The Internatiohal Settlement of Shanghai does not possess all the attributes of this dual nature of an ordinary municipality.
differs in this that it does not administer within its, boundaries the general law of any individual sover. feign state nor the collective laws of Rroap of sovereign states nor of states for the local administration!
agent of any state or gran
fand enforcement of the sovereign! Power of any state or group states, "It is limited under the Land Regulations to the adm and enforcement. within ite. bound taries of its own local ordinances through officers chosen only by the foreign rate or tax payers and not by the general body of residents.
It, therefore, ina strict sense possesses but one of the dual atteie bates of the modern municipality.
Lacking as it docs the posyer to Jadminister and enforce the laws of larly particular sovereign power or roup of foreign powers and its lent ordinances in. some respects being, conflict with the general laws of some of the sovereign powers whose citizens and subjects are residents of the Settlement, and in other respects never having received the express sanction of some of such sovereign powers the government of the Settle-rent is in some respects essentially 8 government by the consent of the Under' these circumstances the government of the Settlement may be sid to possess the dual nature or status of a municipal corporation ju some aspects and by analogy st Yeeat of a voluntary anociation in others.
Text read from the printed page and cleaned; old type leaves the occasional error.