The cutting off of current is far toss drastic that distraining on phy~ sical property. The Council might have gone in and taken the "Cour-fet" press, and anything else they could lay their hands on. They did not, they distrained on the electric: current which could be replaced in fa few minutes, a service which was) supplied by the Council, Telaim that when Americans come to this community voluntarily, they become not residents of a usual municipality at home but they come members of a voluntary bene-society and they expect light, ud other servic and they get it, if they obey the 1 gulations laid down and pay their: taxes much in the same way as T pay my dues at the Shanghai Clu That is the status of an American citizen in Shanghai by a ruling of his own government. If an Amer~ tean refuses to pay legal taxes he not entitled to receive electricity or any other services, The Court of Consuls was an administrative rather than a purely judicial Court. There was no definite body of law preseribinge or limiting its jurisdiction and, there-rare, they were entitled to apply a brea discretion and wide latitude of practical common sense in adjusting, 2 dispute regarding administrative matters under such a complicated system an is the local government of Shanghai, Mr, Fessenden then quoted re~ ported cases but said he would not weary the Court by reading them.
He -went on to say that unless expressly or impliedly restrained by statute, a municipal corporation has a discretion in the choice of means and methods for exercising the powers given to it for governmental or public purposes, and the usual limitations upon actions of municipalities within their legal powers ate good faith and reasonableness, not wisdom or perfection.
Where a municipality is duly] authorized to exercise a particular] municipal function, and the manner of the exercise of the authority is not defined by statute, but is left to the city council, the courts will not undertake to control the manner of the exercise of the authority by the city council, where no applicable rule of law is violated, and the authority given is not exceeded or abused, "It clearly appears in the proceedings taken by the town and its electors on the subject that the bonds approved by the town and its electors are to be issued for "municipal purposes:
The Burden of Proof While the existence of the power or authority of a municipal corpora tion to act cannot be assumed, but} Jmust be made to appear, when once the municipal authority' to act appears, the correctness of the action taken' thereunder may be presumed until the contrary is shown. The presumption ig in favour of the reasonableness of the ordinance or regulation; however, the presumption is a rebuttable one. Every intendment is to be made in favour of the reasonableness of the exercise of municipal power making regulations to promote its police powers; and unless it is clearly invalid the court Jought not so to declare. The burden of proof to show the unreasonableness of a municipal ordinance or regulation rests on the person asserting it, unless its unreasonableness is apparent on its face.
Mr, Fessenden concluded by contending that counsel for the plaintiff had not made out any case where) damages or punitive damages would be justified and asked the Court to dismiss the case.
Mr. Char replied on the law of distraint, maintaining that the Council could not distrain without, order from a Court. If the Council could distrain on the goods, of an American or a British subject then it was taking away the Jurindiction of the U. S. Court fo: China and H. M, Supreme Court. "There is no law," concluded Mr.
'Char, "in America, England or Nor-Way, which can justify the taking away the life of a corporation. I submit that the arguments presented fare entirely false. The question is: hax the Council' in the cireumstances, the right to cut off light and power? There was tne evidence to show that they had that right. The act of the Council had resulted in a substantial docereose in the paper's circulation Task for damages and puni damages."
The Court reserved judgment and intimated that their decision would, be rendered at a later date.
Text read from the printed page and cleaned; old type leaves the occasional error.