The Archive · 1923

Case for Chinese Courts

It appears that those engaged in this trottie have felt secure, that they could not be touched by the American authorities, as long as they did not obtain the arms from America, but the existing American laws and treaties between America and China showed, said Mr. Husar, that it was illegal for Americans to carry on this trade, and further that such illegal traffic must be adjudicated on by the Chinese authorities even though the accused were a foreigner. For it is expressly stated in two treaties concluded between China and the United States, that—extraterritorial rights are abolished in such instances. The treaty of 1844 (Wang-hea Art, XXXIV)stipulates that cases arising out of arms-smuggling shall be dealt with by the Chinese, without consideration and compensation from the United States. Article XIV of the Tientsin Treaty, 1958, is of a similar nature. and both treaties are. still in effect and fully binding. What the proof the District Attorney will be under these circum stances, is difficult. to forecast, but it is certain that anyone charged and arrested on these charges will be arraigned in the U.S. Commissioner's Court for China and, if a primd facie case is established, he will probably be handed over to the Chinese Courts.

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

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