After practising for only six months asa dentist in the French Concession, Dr. Gersh-Gershevitch was compelled to cease carrying on his Profession, as his lence was with-@rawn by "the French Concession authorities. Contending that once iven, such a licence cannot be can celled, Dr. Gersheviteh brought sult airist the French Municipal Council in the French Consular Court. for damages, and on July 13-was awarded $1,250" by Judge Rivelain. Kauffmann "provisional Indemnity."
The facts of the case were that the petitioner was granted a. special Ucence to practice as a dentist in the French Concession by the French 'Municipal Council on November 8, 1035. Stating that this licence ad een given in error, and alleging that the petitioner was not complying with the necessary' regulations, the municipal authorities withdrew. the Meence on May 16, 1936, Petitioner maintained that his application, together with all documents and diplomas submitted in support of it, must have been carefully examin ed by the French Municipal Counefl at the time of the application. The Meence had been granted by the Council in full knowledge of the duets, and also in consequence of a recommendation by the U.S. Consular authorities in Shanghai, stating that Dr. Gersheviteh was quabed Practice dentistry. Supposing. that the qualifications of the petitioner were not considered sufficient, the granting of the licence undoubtedly gave him the right to practice dentist." Noone could cancel right which had been given to him by the granting of a Jicence, and it this right were cancelled, then the party cancelling it would be Mable to damages, Numerous Witnesses 'Numerous witnesses were called by the petitioner in support of his claim, including Dr. Rabaute, Commissioner of Health, Dr, Pallud, 'Assistant Commissioner' of Health, M. Brediam, technical advisor to the FMC, and and M. Fauraz, Administrative See tary to the FMC.
The evidence disclosed that the Hence, after having been granted by Dr, Pailud, had. been withdrawn by Dr. Rabaute upon - his return to Shanghai from" Tong leave, Dr, Rabaute, st was slated, presumed that it must' have been an error on the part of the US, consular authorities to state that Dr. Gersheviteh was able to practice in America when the diploma produced by him merely allowed him to practice technical dentistry, The case for the F.M.C. was that a Ueence could always be withdrawn when it appeared that the person to whom it had been issued was not duly qualified. "After lengthy arguments, occupying several. hearings, the court found that the FMC. had "acted ilegally in withdraw ing the Weence for the sole ranson that there might have been a misinterpretation by those issuing it. " Granting a cence conferred a right that could not be withdrawn unless the licensee had committed "The court declared Dr. Gersheviteh entitled to substantial damages, the total amount of which will be determined when the recent municipal regulations in force since February this year concerning dentistry are clearly defied. "Meanwhile, the petitioner has been granted $1,250 In provisional settlement of his claim.
The suit brought by Dr. A. Richer, French physician, against the French Municipal Council again came before Judge Rivelain Kaufmann in the'French Consular Court on July 13, and after a brief hearing was Adjourned sine die. Dr. Richer king to cancel the "election" of French Concession Land Commissioners on March 4 last, His main feontention is that the names of candidates for the two posts should have been published one week before the election date, whereas actually his own name was not put, before the voters. "He was "elected" when one of the other candidates with-'Grew on the eve of the contest, there belpg no actual voting. Counsel are M."a'Auxion de Ruffle for. the petl-Moner and ING, Cattand for the FMC
Text read from the printed page and cleaned; old type leaves the occasional error.