But inasmuch as in China as elsewhere _summum jus_ is not infrequently
_summa injuria_, a clever magistrate never hesitates to set aside law
or custom, and deal out Solomonic justice with an unsparing hand,
provided always he can shew that his course is one which _reason_
infallibly dictates. Such an officer wins golden opinions from the
people, and his departure from the neighbourhood is usually signalised
by the presentation of the much-coveted testimonial umbrella. In the
reign of the last Emperor but one, less than twenty years ago, there
was an official of this stamp employed as "second Prefect" in the
department of Han-yang. Many and wonderful are the stories told of his
unerring acumen, and his memory is still fondly cherished by all who
knew him in his days of power. We will quote one from among numerous
traditions of his genius which have survived to the present day.
A poor man, passing through one of the back thoroughfares in Hankow,
came upon a Tls. 50[*] note lying in the road and payable to bearer.
His first impulse was to cash it, but reflecting that the sum was
large and that the loser might be driven in despair to commit suicide,
the consequences of which might be that he himself would perhaps get
into trouble, he determined to wait on the spot for the owner and rest
content with the "thanks money" he was entitled by Chinese custom to
claim as a right. Very shortly he saw a stranger approaching, with his
eyes bent on the ground, evidently in search of something; whereupon
he made up to him and asked at once if anything was the matter.
Explanations followed, and the Tls. 50 note was restored to its lawful
possessor, who, recovering himself instantaneously, asked where the
other one was, and went on to say that he had lost _two_ notes of the
same value, and that on recovery of the other one he would reward the
finder as he deserved, but that unless that was also forthcoming he
should be too great a loser as it was. His benefactor was protesting
strongly against this ungenerous behaviour when the "second Prefect"
happened to come round the corner, who, seeing there was a row,
stopped his chair, and inquired there and then into the merits of the
case. The result was that he took the Tls. 50 note and presented it to
the honest finder, telling him to go on his way rejoicing; while,
turning to the ungrateful loser, he sternly bade him wait till he met
some one who had found _two_ notes of that value, and from him
endeavour to recover his lost property.
[*] Fifty taels, equal to about 15 pounds.
JURISPRUDENCE, NO. II
Public-domain text, read in full here on John Shaqi.
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