The rights and powers of the "Consular Oficial were those of the former Assessor: upon the Treati und upon -presedent, and are to this extent posi ly defined. Those of the Senior Gonsul's Deputy as laid down by the Rendition Agreement, however, are undefined except in so far certain negative I tations fare concerned. The duties and the k of the Senior Consul's De-are of paramount importance to the Settlement authorities and must therefore excite great interest jin the minds of tie community of Shanghai.
Tt must be as law end in disregard of the Rendi-maintain the judicial independence fof the Court and to ensure ita freedom from political pressure and interference by the military authorities. When it is recalled that Mr. Ho, the new President, has openly avowed himself and his subordinate Judges to be the ser-ants of a political" party, the policy of which is to undermine the present rranieipal control of this Settlement and. to clhainate all foreign supervision over the Court, it will be realized that the Deputi are called upon to exercise the greatest vigilance and skill coping with attempts to reduce th Court to. the subservient position of purely Chinese organization.
The above is the explanation of the confusing situation which has arfaen ay a result of the rece refusal of Judge Chou of the Pro-Vislonal Court to tate jurindeti the case of the youthful agitators who were arrested by the. Shanghai Municipal Police on Nanking Road some two weeks: ago These agitators were charged with an offence which had been committed within the limits of the ternational Settlement. Article 4, Section 1, of the Rendition Agree ment ays' down that "with the: exception of cases which in accordance with the treaties involve the civil eases in ' the: right of consular jurisdiction, all Chou decided that the "accused should be surrendered to the extra settlement authorities and the case be dealt with by another court. The fact remains that the Judge iched his powers in reli quisling a jurisdiction which agreement he is bound to accept.
Te seems fairly obvious that an order made in contravention of the Rendition Agreement must be treat-being ultra-vires and therefore void. This being so, the accused have been under arrest for two weeks without trial, and in accordance with the Rules of Pracedure they should now be released. If the judges are to be allowed to shirk their responsibilities by refusing to try certain cases in this settlement for fear of giving offence to the extra-settlement authorities, then it is time that the Consular Body took steps to put an end an impossible situation.
Text read from the printed page and cleaned; old type leaves the occasional error.