The Archive · 1928

Jurisdiction of Local Court

The first question is of the sufficiency of the record to disclose Jurisdiction in the trial court, silke that of other. United States courts, is limited and must, affirmatively appear. For a definition thereof we must look to treaty provisions and acts of Congress passed to give ecect thereto. By the Act of June 30, 1906, (34 Star. 814, 22 US C A, sec. 191), there Was established the United States Court for China, with, "exclusive jurisdiction in all eases and judicial proceedings whereof jurisdiction may have been ex ised, prior to June 30, 1906, by United States consuls and ters by law and by virtue of treaties between the United States and China," with exceptions immaterial here." Provision is made for the appointment by the President, subject to confirmation by the Senate, of a judge, clerk, distri attorney, and marshal, with and powers similar to those of corresponding officers of the United States District Courts generall By Art, XXI of the treaty with China of 1844 (8 Star. 592.592), it was provided that: "Subjects of Ching who may be guilty of any criminal act toward citizens of the United States, shall be arrested and punished -by the Chinese authorities according to the laws China; and citizens of the

Text read from the printed page and cleaned; old type leaves the occasional error.

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