THE xox, It is very interesting to observe the first steps in the application of the new laws which affect women in this old country of China. There fare critics of the present Nanking JGovernment wko have referred to it as "turning out laws and regulations as if by machine." Bu: what else is there to be done? So many lehings, need "to be authoritatively defined. And some of the laws, such as the new Civil Code, have been under contemplation for many lyeers, and drafts have already been previously published. These, based {upon more mature consideration, are more likely to fit the situation.
But even s0, it is one thing to enact; "another thing to apply Careful perusal of the newspapers will reveal that aut with the task of applic quently refer to the 3 point is the interpretation Nationality Law as appl foreign women marrying Chinese subjects, which was recently given. A Soviet woman in Vladivostok, 8 Chinese man, applied in the Chinese Conculato in that city {for registration as a Chinese citizen. Whereupon the case was referred by the Ministry of Foreign Affairs to the Judicial Yuan for ruling 2s to, the conditions under which foreign omen had the right to assume Chinese nationality upon rsarriage with a Chinese husband.
The ruling stated that in Chinese law, a foreign woman became of (Chinese nationality; but registration Chinese citizen is peruicsible for her only the marriage were JRoes on to say that the mere fact that a marriage certificate has been obtained from t authorities does not necessarily mae the mar-Finge valid "according, to Chinese Watch the newspapers and see how the courts are applying the new laws in individual cases affecting women, By learning of court decisions in cases in which they are interested, the renk and. file women begin to know "that new awa, new privileges and protections foxist. "Recently an American woman Irissionary, Keen observer of sceal trends was. in Seanghai. from her tation in Lochow!t ly ante Pro. fo: Wahi, and then by amall sailing ince, To reach thie town abe goes
oat anywhere from three te ale age travelling.
Sich a place' may be considered ufielently" far from, the wk'tin outres of life ao. that new. legal lens would be slow in penetrating. Yet" Mins Major plea. waa for material" which will make" women structive, courageous conclusions which will bring public understand.
ig and command public support of solutions. By your success you will have performed one of the greatest services of our generation. In a task so intricate and so complex, it is little wonder that there could be found no complete unau mity, and no easy specific remedy. it isa or not there is of agreement of individual" commissioners the conclusions of the group or no. For one whose life work is the pursuit of accurate knowledge, and the creation of opportunities for it, Miss Comstock was eminently fitted to take part in the honest determining of fact, the basis of any reform in law observance.
And now she comes to the Orient. She comes to participate in a Cor ference whose purpose is a widen-understanding—through promotion of opportunities for widening of knowledge. Tt is in whole endeavour. Shanghai is to have an opportunity to great one of whom her College writes "Miss Comstock honours Radeliffe every time she speaks in public." She brought fresh distinetion to the College when she was the one women chosen to speak on at a "patriotic ser-I recognition of re-always." No narrow province evident with her. "This tercenten ary celebration should not be an orgy of self-congratulation. Tolerance is hardest of all to win, easiest of all to lose. Eternal stu its pr She likes to speak to liber students on "spaciousness of outlook." Hangchow, could make spiritual contribution to the world indeed if such tolerance could emerge. understand their new status -Already they are talking about the new laws, and repeating to one another any instances they. knew where changes are occurring because the law exists." Court decisions are likely "to be comparatively few in interior cities, but' family and individual practice is" irenely modifying toa small extent merely because the new laws exist.
Some court decisions have already been made and these are the subject Jot "wide interest on the part of [Chinese women. One of the most spectacular cases has been that of Miss Butterfly Wu, associated with Star Motion Picture Company: in Shanghai, who played the Yeading role in the frst Chinese all-talking picture "The singing Peony." Upon each occasion when the court heard Pleadings, court rooms. were crowd: led to capacity. Moving from Smaller to larger and yet larger courtrooms did not provide for the numbers of people who desired to hear the ease. It may be argued, lof course, that it was' primarily of interest because it was Butterfly Wu's case; but the issue at stake had wide publicity and the dez'sion has been of great importance The case was one in whick Miss sought annulment of her betrothal to Lin Shih-wan, for which formal ceremony had taken place fat the Moon Palace in 1928, aswell jas $1,000, damages, and for the return of loans. The defendant lentored a counter claim. In support lof her claim for damages, Miss Wu stated that her fiance frst scegest-Jed annulment of the marriage, and therefore she as enfiled to jages. The fiance was not now his desire to have the engagement annulled.
'The case was interesting as revealing the significant plice' that the betrothal stil plays in the idea lof Chinese marriage; yet in some Fespects no more important place than in Western ideas, where breach lof promise cases can occur. Virtually this action of Buttery Wu' iwas a breach of promise " case, though the plea for formal annul: ment. of the: betrothal was an important aspect. To western, ideas, Reig strange to take into court a Detrothal case, which has not the Jfame contractual basis as has Fmnarriage, especially in a country where the intervention of the court in divorce of married parties, when both are agreed upon this course.
Several clauses of the new Civil Code could be invoked in this ease. No, demand' shall "be made "for fo marry" would cover. Mis W formance of agreen Jdemand for annulment of the marriage. That is to. say, though there had been a betrothal ceremony, she need_not. go through with the affair, But Inck of performance, according to the code, is only permissible on the part of one when the other of parties gives one of Mine specie grounds. 'Then the innocent party: may claim dan cage fon any one of these grounds, If the agreement. is broken upon' any other, there shall, be compensation Jand the law specifies that thi actual money. Miss Wa d sired to be free, and she desired be the innocent party, thus claiming [damages on the grounds mentioned. court in favour of Mise We, and Judgment was given by the
Jéamages in the amount of her claim were awarded to her.
"A recent newspaper story told of interest which was aroused in. Po king by the decision of a judge in the case of a young girl who refused to. marry the man. who had been chosen for her by her parents According to the story the git] was {informed that a suitable match has been arranged. She replied that she did not wish to marry him, that she did not love this man. At this her parents were horrified, and told her the disgrace which would come to them if she did not, full her arrangement that had been made. [Presents had already been exchange feds it was impossible to draw back. She persisted, however, in her r0- fusal. Finally the parents took her' into court, asking the judge to ins jon her obedience to her parents' wishes. The judge, the story re-fated, stated that according to the Inow laws she could not be forced nto marriage which had been at-ranged without her consent.
The clause of the new law which refers to this question, and which ensures legal sanctions for action of the young man or woman who desires to invoke the law on behalf lof his or her wishes, is as follow: an agreement to marry shall be Imade by the male and female parties of their own accord." Upon the Basis of this, it would seem that, innless with full consent ut. both parties, parents no longer cen arrange marriages legally. They wilt continue to do so, of course, for many years to come, But ifthe otice is unpalatable to either party, there is legal right to refuse per: formance, The fact that this d sion has been made in the Taiping Jeourt has created much interest among Chinese women in that part Jef the country, "Bach case in wi the new law is upheld makes clearer them the new era, According to the new law, if both husband and wife desire it, civoree jean be affected without the intervention of the courts. "ITusband fand wife may effect divorce themselves where they mutually consent {to it.... Divoree by mutual consent is effected in writing and requires the signature of at least tro witnesses." If, however, there. is not mutual consent, the intervention of the court is necessary.
According to the Bureau of Scial Affairs of: the City Government of Greater Shanghai, there were in 1930 in this city 853 divorce eases brought either into the courts or announced in the newspapers, the Heged causes in most cases Leing incompatibility of temperament." [This number takes no account, the Bureau states, of the canes of separation which were affected privately, without either notification the pressor. involving legal faction. This is in itself indicative lof the great change which has al-randy come into the conception of the "marriage relationship in. this part of the country, and of the Fights of woman inthe matter of dissolution. Legally in the past women had extremely limited rights to divorce, and socially, they Wid vail themselves. of what. the Social ostracism which would nad, have Fellowed such notion was worse than buteing "up with a bad" hvisband! Now, "however, both socially and Hegally, divorce' in which the woman takes the initiative is much more frequently met with, An interesting case was, recently reported wherein the American wife of a Chinese man, Mrs, Priscilla Woo, brought her case into the First District Court for official confirma tion of "her divorce agreement entered into with her husband a year ago. This had been @ mutual agreement, duly signed by" both in' the presence of local such, it is. perfectly 80 far as! Chinese!uw is concerned. But Mrs," Woo. now desires to. return to her residence jin the United St According to American law, divorce is only valid when granted by a court. Hence she desires to have court confirma tion of her divorce, Incidentally, this would be essential for Wer obtain if she desired, under the Cable Act, to regain her Arerioan citizenship. Without a divorce recognised" in the United States she ould be a Chinese citizen by Chinese law, (unless of course she had retained her own citizenship originally if married since 1922).
tinue to be brought into the courts, dnteresting inheritance cases con-fand information concerning them is Sccasionally to be found in. the English language press, though in the absence of regular court report Ing it is not always easy to find out the judgment given, During this calendar year a very /complicated ease was Lrought to the Jeourts concerning the disposal of the estate of the late Mr. Ito He Ching, cotton fact involve ing $500,000. A daughter claimed the right to inherit; her mother, on the other hand, claimed the halt of the estate in trust for an infant grandson, Many cases of the right. of, daughters, "martied and fenmarried, to" inherit, have been upheld by Ube courts, to whick muck publicity has been given.
But cases. in the courts are few leompared with the number of in-Stances in' every. day" life when rights of women are concerned. Recently' a young Chinese girl was widowed under tragic elreumstance: From her late husband's employers, certain compensation was made available, Te was suggested that presentatives of the Family, and of the. youn should' consult. togettier about. the Tights of the wife and of the husband's "mother. in this case, uncle of the wife was asked to act fon her behalf, His answer in this and generation, was that the fvife's interests. were those: of the 'She had ceased to be a member of ber own family group, and had assed into that of her' husband, fnerging herself and her personality fand interests in that! Any. question of safeguarding her "individual rights was outside the thought of her own cum, "members, "Only slowly will the Fights of women to feomplete individuality become habe ually recognised, but every legal decision upon the basis of the new Taw will help in this social process.
Text read from the printed page and cleaned; old type leaves the occasional error.