Article 24 of the Land Regulations clearly states the relationship between the Council and its officers and servants. According to this article the Council may dismiss remove any officer or servant from Mime to ime ate dacretion, orcin lies the disciplinary power of the Gouncil over its paid employees.
Although we have quoted this in previous discussion of the powers of the Shanghai Muneipal Gounell it mast now be repeated for the XXIV. The Council may from time that paid officials have committed breaches of the peace for which they should be punished.
'The power of the Countil i, however, limited in one respect, Th accordance with Article 26 of the Land Regulations, persons who act in the execution' of these regulations are not to be personally Mable for their conduct, The Article reads: contract tered Toto, by the XXVL. No matter of thing done, oF ther' oticer "or a they. thank necessary for carrying out Coupe! aboli, time of such officers and servants Cung, under the thee Reraacnand A the slain, ein aya te nae een cov, gui Fads and make any action and. any. and pers and with dag authority. Incurred the "Council, "Members, Secretary, fonger period than three Sears, unions alli appointment, together sith ary Thereta," be meeting of the 'A list of persons duly qualified to vote according to the Regulations to Which" these Hiyeslaws. are. appended "Kept "atthe "Mice of the after vas may'
[uked forthe information publie'in such manner us the for the time shall think proj The right of the Council to control its servants, to fix their' salaries, wages allowances, to govern them, to them is not an unusual right of any public or private organization as without such a provision no organization could conduct its busi-ress and prevent its paid employees from abusing it or destroying it. The Council then is fully responsible to the ratepayers for the conduct of its employees and its own moral position and the respect of the community towards it depends to a large extent upon it capacity to control its employees, its willingness to discipline them, and them from exceeding their powers. The Council is, by the Land Regulations therefore, empowered to take such steps as may be necessary to investigate the conduct of ployee and if upon investigation it is found that he has exceeded his instructions, has been negligent of duties, has been careless in his fulfilment' of his duties or has so conducted himself as to Tower the Council in the esteem of the com-to suspend or dismiss him.
A judicial inquiry is nothin; mot than that and it therefore must be clear that in accordance with Article 24 the Council is not only within its rights in ordering such an inquiry. but is bound by the inherent character of a controlling body to order such an investigetion whenever there is a complaint l.on the part of a large number of payers or residents la: Shanghai Deutne ced fant Council to continue or remove.its servant in accordance with its own judgement, It simply' Provides that these persons. shal not be personally table to any! claim or demand which may arise out of their action. The Council could not, of course, sit as a court of justice to determine the guilt in law of its own officials, but it has the power to determine whether! the conduct of these officials of such a nature as to justify suspension or dismissal.
For example some of the Chinase hold that the events of May 30 definitely raise certain points involving this right of the Council: into he mab?
Were they netient inp 3 peg fin assembling their "inatruetions_ or dlobey Ter ulations of the Counc!
An inquiry into these questions would definitely come under the, provisions of Article 24, An ex: feneration or punishment by suspen-oF dismissal is within the pur-of the Counail In accordance With this Article provided always that the evidence "vould clearly protect the Capneil against a suit for breach of "contract. and that the action of the Council. would not involve ils servants in any' action liability "in -contravention of Article 26. are, of course, putting a purely supposititious case. No inquiry hgs been held and we have' no wish In any way even to appear' to express an opinion on the events:
May 30. The point to be em-' Fhasized is that the Council has 112 med to wait for anyone else to order an inguiry as itis fully empowered to hold one itself and-1 to act on its own authority In! coming to an arrangement with the!" Chines in the digputé over the-! vent: of May 82.0 without permission.
Text read from the printed page and cleaned; old type leaves the occasional error.