An interesting application ws made in the Special Provisional Court on Wednesday before Judge and Mr, Martin,—H, M. Consulag Deputy, in the case of D. H. Bene Jamin & Ca. Ld. v. Kyung Abe zien, Mr. John MeNeill was pres sent for the plaintiff? and Mr. Woo defended. claim was in respest rents in arrears to the amount of Tis, 280, plus $16 court foes, At yesterday's hearing, defendant, through his counsel, made an aps plication for the dismissal of the case for the time being. plication alleged that he way ber of the Took Shun Li Tenants Rent Reduction Union and that this union, in turn, way a member off the Shanghai Special City Grand Tenants Union, He therefore, submitted that, all matters relating the movement for a reduction of rents had been taken care of by, the Jutter union and that the "Grand Union" had petitioned to, the Central Government of Ching in Nanking for instructions, the Government then instructing tha Ministry of Finance to investigate, and consider the movement. for a reduction of rents, Upon hearing! that certain of its members werd being oppressed. by, rent collectors, the "Grand Union" had petitioned the Shanghai Special City Governe ment for instructions, " the plication said, Defendant sub mitted that the disputed rent should be paid only by order of thd Executive Department of tha Government. because any payments rade at the present time would cone stitute a repeal of the resolution passed by the different. Tenanta, Unions. The "Grand Union", hal further submitted, was a subordinate organ of the Kuomintang and wag under its direction, As the Contra Government in Nanking was thd product of the Kuomintang, defend. ant requested the Court to respect party government and, by urtield 219 of the Chinese Civil Code, dismiss the ease for the time being.
After heating defendant the Cour found that, according to the article of the code referred to, the applica tion must be dismissed:
Defendant then gave notice off appeal and the Court ordered, arf adjournment pending a decision' by, the Court of Appeals.
Text read from the printed page and cleaned; old type leaves the occasional error.