Remarkable Proof of Militarist's Endeavour to Impose His Will on the Chinese Judges As a sequel to the petition submitted some months ago by! Judge Loo Shing-yuan, President of the Shanghai Provisional Court, praying the Military Council at Nanking to restrain local military authorities from making further demands for the extradition of accused persons over whom the Court has exclusive! jurisdiction by virtue of the existing Chinese law and the Rendition Agreement, the Shanghai Garrison Commander, has, as a counter move, requested the said Council to reverse its previous decision sanctioning Judge Loo's petition and, instead, to grant the Com-munder power to try all cases "affecting peace as well as all charges brought against reactionary This request is now] officially acceded to by the said Council (Order No. 199) and i is feared in official circles that if the new order be carried out to the full, the dispute between the Provisional Court and the MilRary Commander over the question \°f extradition, which was probably the principal cause for the summary dismissal of Judge Loo, will be intensified to the detriment of all interests in the community.
From the follo tion of the text of the Shanghai Garrison Commander's petition which appeared in the "Min Kuo Jih Pao" on the 20th instant, it will be seen how serious the situation has become.
The Petition "Whereas Loo Shing-yuan, Pre ident of the Provisional Court, has petitioned stating that the Mixed Court Rendition Agreement expressly provides that, with the exception of enses which in accordance with the treaties involve the right of Consular jurisdiction, all civil and criminal cases in the Settlement shall be dealt with by the Provisional Court: that the said Court ought to be given full and independent. power to exercise its jurisdiction, over cases which are within its com peteneo, quite apart from the fact that it, being a special indic Court, {sin the eyo of the worl a new experiment, upon the success of which the eventual abolition of extraterritoriality will depend: that the local military authorities have often demanded extradition—of} persons whose alleged offences were! committed in the Settlement and wore subject to the jurisdiction of thin Court according to the existing Inw and the Rendition Agreement: that the Consular Body have protested against these extraditions and 40 this Court has often been pineed in an embarrassing position: beau: this Court has no control over the! police who are the sole agents for the execution of the Court's order, while a majority of the graver criminal cases are tried with consul sitting jointly or a deputy watching the proceedings and at all events, the judg whether a case should or should not be extradited cannot and should not} be interfered with: that the military authorities have felt offended when their extradition demands wer sometimes refused and thought this! Court would not accommodate: and; hho therefore prays that an order be! issued to restrain the Shanghai, Garrison Commander from making' further demands on this Court for extradition except where the offences are committed outside Settlement Himits and when the offenders are! arrested in the Settlement.
The Commander's Attitude "Whereas the aforesaid has been granted by your Council by an Order issued on October 16
Tat once sent a to refute the Provisional Court's contention bout it did not roach you in time for your consideration when you issued the said Order. ing to the commands of the Com. mander of this Army and in accor Jcharged disturbing peace or being @ reactionary cannot be sdid to be nothing to do with military affairs, so when we demand to have im handed over to us for court!
tial it is quite proper.
Text read from the printed page and cleaned; old type leaves the occasional error.