Courses: Mr. X. E. Newman for, plai and it. RT Bryan Jr. for tie Before Mr, A. If. George, president, 7.
Horiuchi, "Judge of the Court' of Consuls "and Frank \P._ Lockhart, Judge of "the Court. of Consuls.
(Dismissed) June 24, Holding that it is not empowered to adjudicate on the acts of Chinese courts or tribunals of any other Power and that to do so' would vest it with authority which it was never Intended to have, the Court of Consuls in a written' judgment delivered yesterday sustained a demurrer of the Shanghai Municipal Council and alleged malicious prosecution brought against it by Charles Vivien Hutchi-
'Mr, K. EH. Newman represented plaintiff, while Mr. R, T. Bryan, Jur, 'Municipal Advocate was for' the Council. The judgment setting out the facts of the case follows:
"This case was instituted by the Petitioner charging the Respondent Council with malicious prosecution, The Respondent Council in its answer has entered a demurrer stating that the facts set forth in the Petition fall to show a legal course of action and. that this Court has no jurisdiction, "The Plainti in this action. w tried and convicted in, a Chinese, Court, He appealed to a higher Chinese Court and the appeal was dismissed. He served the sentence adjudged by the Court If there had been any irregularity in the lower court it must be assumed that the higher court would have discovered it, Tt must be assumed therefore that the precedings in the lower court were in order and that' the judgment of the Court was fair and just.
"This Court is of the opinion that the Court of Consuls is not empower. fed to pass judgment on the acts of Chinese Courts or of the Courts of any other Power and to do so would vest it with authority which it clea Wag never intended it should have.
"Accordingly the defendant's demurrer is sustained and the action ig hereby dismissed. A. 1, Geors British Consul-General; (President) of the Court of Consuls; T. Horiuchi, Japanese Consul-General; Judge of the Court of Consuls, Frank P.
Lockhart; American Consul-General; Judge of the Court of Consuls."
Text read from the printed page and cleaned; old type leaves the occasional error.