The Archive · 1929

Trenchant Ruling by a Deputy

Mir. Hasegawa on Protests which have as Much Effect on Pyovisional Court Judges "As Water on a Duck's Back:"

Sequel to Sentence for Murder of Mr, Bievez An important ruling concerning procedure in the Provisional Court was made on April 4 by the Senior Consul's Deputy, Mr, Hasegawa, concerning the trial of the murderers of M. Bievez, a. Belgian subject, who was shot dead at a cotton mill at which he was employed, white Taying out wages to labourers on New "Year's Eve. Considerable Dispute as to Belgian extra-territorial rights occurred in this case The Deputy's ruling, which contains trenchant criticisms of the attitude of the judges at the Provisional Court, is self-explanatory in this connection. It follows in full:

To begin with, this is not a protest—not one of those statement which have as much effect on the Learned Judges as water on a uch's back, though there reason why this should be so, But this is my ruling which I' make with due power and is binding on the parties to the action, It is idle to say, if ever said, that @ ruling made by the Deputy alone without the Judge's concurrence is vold. Because where the Judge and the Deputy ore sitting jointly, if the Judge insists on parsing a sentence to which the Deputy does not rngree, the latter has no means to atop it, and it becomes his duty, and nobody else's, to make such a Young as he thinks fit. Nor for a moment am I attempting to usurp the functions of the learned Judge in any way. Ihave made every posible effort to persuade him to take such steps us might render any notion on my part unnecessary, But aw it will be seen from what tate below, my efforts were in vain, and I have simply been forced this ruling.

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

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