The Archive · 1922

Judgement Affirmed

We have received for publication, from the U. S. Court for China, the following copy of a mandate received on Monday, and field in the offices of the: Court "The President of the United States of America, to the Honour-> able the Judge of the United States* Court for China—"Greeting.—Whereas, lately in the United States Court for China' before you, or some of you, in re contempt of William S- Fleming, Defendant, No 1442, Special Proceeding No. 407, a judgement was duly entered on the 28th day of July, A. D. 1921, in the words and figures following to wit:

'Now, therefore, it is considered and adjudged, that,' by reason of the acts and statements aforesaid, the said William S. Fleming was and is guilty of direct contempt of this Court and that he be punished for said contempt by imprisonment for six months in the Prison for American Convicts at Shanghai, China, unless and until, before the. expiration thereof, he be transferred tu some other lax: ful place of confinement. By the Court: (sgd.) Charles 8, Lobinglor, Jud(ge.

"Which said judgement is of record and fully set out in said cause in the office of the Clerk of-the said District Court, to which record reference is hereby expressly made a part hereof, and as by the inspection of the transcript of the record of the said United States Court for China, which was brought into the United States Circuit Court of Appeals for the Ninth Circuit by virtue of a writ of error prosecuted by William Fleming, as plaintiff in error, against the United, States of America; as defendant in error, agres-ably to the Act of Congress in such cases made and provided, fully and at large appears.

"And, whereas, on the 23rd day of February' in the year of our Lord 1922, the said cause came on to be heard before the said Circuit Court of Appeals, on the aid transcript of the record and was duly' argued and submitted "On consideration whereof, it is now here ordered and adjudged by this Court, that the judgement of the said United States Court for China in this cause be, and hereby is affirmed.

"You, therefore, are hereby commanded:—That such execution and further proceedings be had in the said cause as according to right and justice and the laws of the United States ought to be had, the said writ of error notwithstanding.

"Witness, the Honourable William Howard Taft, Chief Justice of the United States, the 23rd day of October, in the year of our Lord 1922, of the Independence of the United States of America the 147th."

There, we understand, the matter rests in abeyance until such time 28 it is again brought before the U. S. Court for China here.

For changing the word "Peking" fo "Shanghai" on notes issued by the Bank of Communications a Chinese was sent to prison for seven weeks by Messrs. Li and King at the Mixed Court on Tuesday.

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

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