The Archive · 1938

AUGUSTINIAN PROCURATION

Shanghai, Sept. 17.

Heated arguments between Counsel} concerned were features of the hearing in the First Special District Court, Jota suit brought by the China Realty, ICo. against the Augustinian Procuration yesterday. "Mr. L. C. Yang and Dr. George Sellett appeared for the plaintiffs and Dr. O. Fischer for the Jdefendants; the case was adjourned to The China Realty is suing for $700,- Joo and interest, $20,000. fees" and leasts, on certain Pootung property, fand Dr. Fischer's contention that the whole suit was "a bluff, hot alr and nothing else" was: countered by Mr. Yang's charge that the Augustinian Procuration "(the Spanish Fathers) twas in China "not to preach the Jgospel but to teach people to re-Pudiate debts."

'The hearing opened with Dr. Fischer contending that Father Cerezal, the procurator, and his col-Heagues' were Italian' citizens and therefore not within the court's jurisistion; he produced three passports, one issued to Father Cerezal, and all duly vised. Dr. Fischer contended took possession of that property and such portion as was taken by the Japanese military was taken" over the protest of the China Realty Ca."

Mr. Yang then said he would allege that the Augustinian Procuraton came to Shanghai not to preach, religious doctrine but "to "teach, people how to evade their just debts." Mr. Yang then proceeded. to go into the facts from the plaintffs' point of view, and then returned fo the question of jurisdiction.

According to the defendants' contention, the mission should be under the Italian authorities' jurisdiction because the Procuration was founded by a Roman citizen. Did it therefore. follow that Christians should be under Jewish jurisdiction, since Christianity was founded by Christ, Jew? The nationality of the pro-Jeurator, he submitted, did not affect {the nationality of a Spanish Mission; the property, in the event of his Jdeath, would go to the mission, not to his heirs, Dr. Fischer, in reply, said that he would have to ask for an amended Petition, as Mr, Yang's facts were somewhat different from those in the petition, He had received his me structions from his client and if the property had not been let to the JJapanese, he was glad; but, anyway, the property was being held by the JJapanese and plaintiffs should have notified the defendants to that effect, asked the court to warn Counsel {for the plaintiffs not to make any high: accusations against the defend Jants and said he would go into Mr, [Yang's contentions at the next hearing.

Judge Lib, adjourning the case to 9.30 a.m.-on September 23, suggested it would. be advisable for counsel, have their, respective clients in court at the next hearing, because they would then be able to clear lup points of which counsel were not in possession of complete knowledge.

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

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