My. Husar, in beginning his cross-examination, hoped that witness would pardon him if he asked questions which might seem to him the most elementary, for he (Mr. Husar) was not conversant with Chinese laws and Chinese custom. He wanted to ask for expert advice. He desired to know from whom a Civil Governor derived his authority and was told by virtue of a commission from the Peking Government through the Minister of War. The commission must bear the Presidential seal or more likely that of the departmental head. In answer to the question whether rights to purchase materials of war had to be expressly vested, witness said it was not necessary, but that usually memorials or official communications were issued, though the Governor's rights hud never been questioned.
Mr. Husar—To-day is the anniversary of the governmental change of this nation from a monarchy to that of a republic Would not c*rtain provisions be made in the Provisional Constitution or provincial constitutions to define the powers of a Civil Governor?!—Under the present provisional Constitution, unless there was another one passed this morning, all powers are not expressed. Some are derived from custom.
Mr. Husar—Under the present laws what is said about th® powers of a Civil Governor?—There is a group relating to such officials, but there is nothing about the purchase of arms, Mr. Husar—You say that they have no rights to make treaties with. other nations just as the States in America have no such power?—Such is the case.
Mr. Husar—Do you know: the relationship between defendant and Governor Chang?—I do not.
Mr. Husar—Can Chang delegate anyone to purchase arms for him?—If ho does not delegate such powers, then that man is acting without legal authority.
Mr, Husar—What would be the channels of a communication from defendant to, say, the Civil Governor'—The container would be forwarded to the American Consul-General, who would send it on to the Governor.. It would there be taken in charge by the Special Envoy for Foreign Affairs.
Mr. Husar—And the answer It would go through that official again to the American Consul-General, to the sender.
Mr.. Husar—This would be done by the Envoy, and not through the private secretary of the Governor 1—Yes. 7 Mr. Husar—If Kearny were appointed by Chang to perform certain duties such as the purchase of arms, he would receive a communication with a seal thereon, would he not?—Yes.
Text read from the printed page and cleaned; old type leaves the occasional error.