USA v PW Smith

• Jurisdiction: China
• Date: 01 January 1925
• Docket Number: 88.
• Court: Obsolete Court (China)

American Supreme Court for China.

Case No. 88.

United States

and

P. W. Smith.

Leases — Leased Areas in China — Transfer of Sovereignty — Nature of Japanese Lease of the Liaotung Peninsula.

The Facts.—In 1923, while the American s.s. Patrick Henry was in port at Dairen (in Liaotung which was leased to Japan), two of the crew were assaulted by the captain of the ship in a Japanese saloon on shore. Complaint was made to the American Consul at Dairen who directed that the case should be brought before the United States Commissioner for China at Shanghai. This was accordingly done. The defendant denied that the United States Court for China had jurisdiction in Liaotung which had been leased to Japan.

Held: (a) In 1923 by Commissioner Lurton that the Court had jurisdiction, on the ground that Japan, in accepting in 1905 the transfer of the original lease granted to Russia in 1898, and in the subsequent extension of this lease by a treaty of 25 May, 1915, between Japan and China, had not received a grant of sovereignty in the area. The relevant article was Article 5 of the treaty of 1915, which provides:—

“Civil and criminal cases in which the defendants are Japanese shall be tried by the Japanese Consul; those in which the defendants are Chinese shall be tried and adjudicated by Chinese authorities. In either case, an officer may be deputed to the Court to attend the proceedings; but mixed civil cases between Chinese and Japanese relating to land shall be tried and adjudicated by delegates of both nations conjointly in accordance with Chinese law and local usage …”

On this article, Commissioner Lurton observed: “It shows conclusively that Japan recognised the sovereignty of China, and reiterated in...