Aug. 7.
If any doubts can have existed as to the motives of the Kiang-ssu Provincial Government and the Kuomintang in hounding Judge Loo out of the Provisional Court, they will certainly be dispelled by what took place at the installation of Dr. Ho Shih-tsung, the new President. The occasion was taken for a display of political partisanship, and particularly for proclaiming to the world that the Provisional Court must be administered in absolute compliance with the dictates of the Kuomintang, which sufficiently proves how very far Chinese politicians are from being able to understand true justice. The explanation of Judge Loo's dismissal given by ithe chairman of the Shanghai branch of the Kuomintang is specially illuminating. Tt w: Judge Loo's duty, he told us, to obey the wishes of the party land execute their orders; stead, he had allied himself with foreigners; that was the reason why he was not now President lof the Court. The Mayor of Greater Shanghai found that the best reason for hoping that Dr.
would improve conditions at the Court lay in the fact of his being ''a man who is loyal to the party." And even the Chinese Commissioner of Foreign Affairs, from whom something better might have been expected, after hoping that the Provisional Court "will serve as a wedge to force foreigners to relinquish their extraterritorial privilege: dwells on "the necessity of officials adhering to the ciples of the Kuomintang. which case we may be sure that General Chen Ta-chun's hope of the Provisional Court proving a model for all, will indeed be realized.
One reads on eagerly through the proceedings to find what the new President will say to all this. Whether one is disappointed in the result or not, depends entirely on what one may-have expected. It is not usual for a new incumbent in office to criticize his predecessor's doings. Possibly it was pleasing to Dr. Ho's employers; but to detached onlookers, it ' appears slightly bad form.' Of his own future attitude Dr. Ho leaves us in no doubt whatever: "As a member of the Kuomintang, he would always abide by its' decisions. He would give of his best to carry out the party principles." Even if, for example, those principles required him to dispossess the trustees of wealthy estate and hand over its management to the party? Dr. Ho may reply that what he meant was that the principles of the Kuomintang are so perfect, that anyone who truly abides by them must necessarily be, the most immaculate of judges.' But will he not pause to reflect that ithe tenets of a political party, however admirable, and the adjnistration of justice are two totally different things? Can Dr. Ho, or anyone else for that matter, imagine a Judge of the King's Bench in England, or of the Supreme Court of the United States, when taking the oath of office, announcing that he will always abide by the decisions of [the Conservative party, or the Republican party? Even the [Crown itself in England is sub-[ject to the law as interpreted by the Judges and any member of the Bench who was suspected of being influenced by political affiliations would get into very hot water. with his brother Judges and would find his posi tion untenable.
We have no wish to "crab" Dr.
Ho's career at the outset. It may be that the proceedings at the Provisional Court yesterday were actually harmless enough, 4 mere ebullition of political fervour inseparable just now from any public occasion, a sort of blowing off steam to be regarded indulgently, after which things may goon normally]
in. But it is only right to warn Dr, Ho Shih-tsung that he stands in a very difficult position. Whether Judge Loo was, or was not open to criticism on minor points, he most certainly had done nothing to deserve being dismissed from office; and the tactics used to drive "him out are a lasting disgrace to the Nationalist regime, First he was dismissed without any cause alleged; and when the Consular Body declined to permit ° this]! breach of the. Rendition Agrecment, the Nanking authorities proceeded to "re the situation by charges they themselves had quashed four last October, while on the evidence of standing records the fifth was demonstrably tals they invented new regulations meet the case because those in existence would not have mitted Judge Loo to be dimi: fed; and they included in the D fciplinary Committee which was to try Judge Loo, his personal enemy and most violent accuser. If Judge Loo had been the worst criminal in the world, so gross fan outrage of justice would be beyond endurance. And now, ter such a series of incidents, Dr. Ho may reflect on exactly how he himself stands. He will be very narrowly watched: by the Kuomintang, to see if he obeys their orders; and by forcignerg, not only in China, also to see if he carries out the Kuomintang's orders.
Text read from the printed page and cleaned; old type leaves the occasional error.