Lo Wen-kan (1888-16 October 1941), Oxfordtrained barrister who served the Peking government as minister of justice and chief justice of the Supreme Court and the National Government as minister of justice and minister of foreign affairs. He retired from public life in 1935. I Panyü, Kwangtung, was the birthplace of Lo Wen-kan. After receiving his primary and secondary education in his native province, he went to England and enrolled at Oxford in 1906. He was graduated from Oxford wdth an LL.M. degree in 1910, was called to the Inner Temple for final examination, and was admitted to the bar. In 1911 he returned to China and, in the final days of the Ch'ing period, became judicial commissioner in his native Kwangtung. He continued to hold that post until 1913, when he went to Peking to become metropolitan procurator general (shou-tu tsung-chiench'a-t'ing chien-ch'a chang). Although he resigned in the spring of 1916 as a protest against Yuan Shih-k'ai's monarchical attempt, he resumed office after Yuan died in June 1916 and Li Yuan-hung (q.v.) became president. When the Law Codification Commission (hsiu-ting fa-lü kuan fu-tsung-ts'ai) was established in 1916, Lo ^Ven-kan was named to membership on it, and in July 1918 he became its vice chairman, serving under Wang Ch'unghui (q.v.). In the course of preparing a second revision of the criminal code, the two men became close friends. During this period, Lo also served as a professor of law at Peking University and as a lecturer at the Fa-kuan hsün-lien-so chiang-shih [training institute for judicial officers].
In August 1920 W'ang Ch'ung-hui was appointed chief justice of the Supreme Court, with Lo Wen-kan as vice chief justice. When Liang Shih-i (q.v.) organized a cabinet in December 1921, he named Lo vice minister of justice. In April 1922 Lo became minister of justice, and on 15 June, after Li Yuan-hung resumed the presidency, he was appointed to the concurrent post of chief justice of the Supreme Court.
The appointment of Wang Ch'ung-hui as officiating premier on 20 September 1922 caused an abrupt change of course in Lo Wen-kan's career. Wang appointed Lo minister of finance in what became known as the "cabinet of able men" (hao-jen nei-ko), which also included V. K. AVellington Koo (Ku Wei-chün) and Hsü Ch'ien (qq.v.). Lo also became director of the salt administration and head of the currency bureau at this time. It was, of course, unusual for a chief justice to resign in order to fill a cabinet post, but Wang Ch'ung-hui prevailed upon Lo to do so because he believed that the minister of finance had to be a man of high ability and unimpeachable integrity. Because the chronic insolvency of the Peking government had brought it to the edge of disaster, Lo Wen-kan's post was of critical importance. The enormity of the task given him was indicated by the report he promptly prepared on the financial situation of China in 1922. The government's indebtedness in domestic and foreign loans totaled China SI, 726,400, 000, with payments due in the amount of China 5480,000,000. Unpaid military and urban expenses amounted to China $180,000,000, and current monthly expenses averaged China $9,200,000. To service its debts and meet expenses the government had an average monthly income of slightly over China $200,000.
At this time, the Chihli clique, which supported the Peking government, was torn by a power struggle between W'u P'ei-fu and Ts'ao K'un (qq.v.) which centered on the premiership. Moreover, members of the Fengtien clique of Chang Tso-lin (q.v.) opposed the "cabinet of able men" because they believed that Wang Ch'ung-hui belonged to the Chihli clique, and they urged Wu Ching-lien, the speaker of the National Assembly, and Chang Po-lieh, the deputy speaker, to find a way to defeat the cabinet. Thus, the appointees of Wang Ch'unghui, who was a supporter of Wu P'ei-fu became targets of hostile political maneuvers by both the Fengtien clique and the Ts'ao K'un faction. In mid-Xovember 1922 Wu Chinglien charged that Lo Wen-kan had accepted a bribe in connection with the adjustment of an Austrian loan contract that had been signed before the First World War. Li Yuan-hung had both Lo and his treasury chief arrested on 18 November, and the entire cabinet resigned in protest on 21 November. The following day, Li Yuan-hung had Lo released and sent Sun Pao-ch'i (q.v.) to welcome him to the presidential office. Lo refused this invitation. Three days later, he returned to jail, demanding a fair investigation to determine his innocence or guilt. He spent eight months in jail, and on 29 July 1923 he was found innocent of the bribery charges and was freed. When his opponents in the Parliament appealed the decision, the appellate court withheld action on the case, and Lo was jailed again. Although Ts'ai Yuan-p'ei, the chancellor of Peking University, and Chiang Yung, the chairman of the Law Codification Commission, resigned from office to protest the illegal arrest of Lo Wen-kan, he remained in jail until the appeal was withdrawn in the spring of 1924. By this time, Lo had spent more than a year in jail on politically inspired and groundless charges.
From the spring of 1924 until the spring of 1926 Lo Wen-kan practiced law in Peking. After Tuan Ch'i-jui was forced from office by the resurgent power of Wu P'ei-fu, the minister of the navy, Tu Hsi-kuei, formed a so-called "regency cabinet" in June 1926, with Lo ^Venkan as minister of justice. Lo retained that portfolio for a year, despite several changes of cabinet. He also served as director general of the customs revenue administration, in which capacity he attended the 24 July 1926 meeting of Chinese and foreign delegates to the Special Customs Tariff Conference. In June 1927, when P'an Fu organized a new government at Peking to support Chang Tso-lin's claim to be Ta-yuan-shuai [generalissimo] of all China, Lo was made vice chairman of the treaty revision commission in the ministry of foreign affairs. Chinese Nationalist plans for the unification of China through the Northern Expedition and Japanese plans for the development of East Asia effectively undermined Chang Tso-lin's government in 1928. ^Vhen Chang left Peking on 3 June to return to his Manchurian realm, he ordered Lo and Shen Jui-lin, the minister of the interior, to assume charge of political affairs until the Northern Expedition arrived at Peking. ^Vith the death of Chang Tso-lin at the hands of the Japanese and the occupation of Peking by the Chinese Nationalists, Lo and Shen went to Mukden, where they became councillors in the headquarters of the Northeast Peace Preservation Forces under Chang Tsolin's son and successor, Chang Hsueh-liang (q.v.).
In December 1931, after the Japanese had driven Chang Hsueh-liang from Manchuria, Lo Wen-kan, who had been acting as Chang's emissary to the southern Kuomintang leaders at Canton, joined Chang at Peiping and became a member of the North China Political Council. After Chiang Kai-shek retired from office and some of the southern leaders assumed control of the National Government at Nanking, Lo was appointed minister of justice on 1 January 1932. Sun Fo and Eugene Ch'en fqq.v.) were forced to resign from their respective posts as president of the Executive Yuan and minister of foreign affairs in late January, to be succeeded by Wang Ching-wei and Lo Wen-kan. On 1 February, Lo began his efforts to protect China from Japanese encroachment by informing Sir Eric Drummond, the Secretary General of the League of Nations, that reports of China's plans to declare war on Japan were false. Thereafter, Lo worked assiduously, if unsuccessfully, to obtain the intervention in China's favor of the League of Nations and of member countries.
Developments in Sinkiang pi'ovince in 1933 led the National Government to enlist Lo's talents in yet another field, the adjustment of domestic political tangles. Sheng Shih-ts'ai (q.v.) had seized power at Urumchi in April and had clashed with the Muslim forces of Ma Chung-ying (q.v.). Huang Mu-sung (q.v.) had gone to Sinkiang in June as special pacification commissioner but had been arrested and held by Sheng on charges of plotting to overthrow the Sinkiang government. The price Sheng exacted for Huang's release was confirmation of his authority as border defense commissioner and of Liu Wen-lung's as acting governor. Nanking reluctantly agreed, and Huang returned to the capital on 21 July 1933. In mid-August, ^Vang Ching-wei sent Lo Wen-kan to Urumchi on a three-fold mission: to arrange a settlement between Sheng Shih-ts'ai and Ma Chung-ying; to balance Sheng's power with that of other leaders so that he could be brought under National Government control; and to achieve the cancellation, if possible, of the economic agreement between Sinkiang and the Soviet Union that had been signed in 1931 by Sheng's predecessor. Chin Shu-jen.
Lo Wen-kan arrived in Urumchi on 2 September 1933. Five days later, he administered oaths of office to Sheng Shih-ts'ai and Liu Wen-lung before going to Turfan to meet with Ma Chung-ying. Ma proved willing to accept Lo's proposal that he assume the post of garrison commander for eastern Sinkiang, but he demanded, as evidence of Sheng Shih-ts'ai's good faith, guarantees from Sheng concerning troop support. After Lo returned to Urumchi and reported on Ma's position, Sheng decided to resume the war against Ma. Lo left Urumchi and went to Hi, where he met with Chang Lu Cheng-hsiang P'ei-yuan, another potential opponent of Sheng. After going to the Soviet Union to discuss the 1931 treaty with W. W. Yen (Yen Hui-ch'ing), Lo returned tp China, having recognized that Nanking's authority did not reach Sinkiang and that Moscow was in a good position to expand its authority in Sinkiang.
Lo reached Nanking on II November 1933. A few days later, on the eve of his departure for Nanchang to report to Chiang Kai-shek, he announced that he intended to resign from both of his cabinet offices. On 29 November, the Kuomintang Central Political Council accepted Lo's resignation as foreign minister. Lo continued to serve as minister of justice until 3 October 1934, when the Central Political Council decided to transfer the ministry of justice from the Executive Yuan to the Judicial Yuan. Lo immediately resigned. A month later, he accepted a sinecure appointment as adviser to the ministry of foreign affairs, but in 1935 he retired to Kwangtung and embarked upon a mining enterprise. In 1938, having joined the National Socialist party of Carsun Chang (Chang Chia-sen, q.v.), Lo became a member of the People's Political Council at Chungking. On 16 October 1941 he died of malaria in Loting, Kwangtung, at the age of 53.
罗文干
字:钧任
罗文干(1888—1941.10.16),牛津大学出身的律师,曾任北京政府的司法总长、大理院长,国民政府的司法部长、外交部长。1935年退出政界。
罗文干出生于广东番禺,他受了中小学教育后,于1906年去英国进牛津大学,1910年毕业获硕士学位,又经伦敦宫庭法学会考试获准执行律师业务。1911年回国,在清朝的最后时日里,任广东都督府司法监察长到1913年,以后去北京任首都总警察厅警察长,1916年因反对袁世凯称帝而辞职,1916年6月袁世凯死去,黎元洪继任总统,又复职。
1916年修订法律馆成立,罗文干在该馆就职,1918年7月在王宠惠手下任副总裁,在修订刑法典过程中,他们两人成为至友,在此期间,,罗文干在北京大学任法学教授,法官训练所讲师。
1920年8月,王宠惠任大理院院长,罗文干为副院长,1921年12月,梁士诒组阁,任命罗为司法部次长,1922年4月罗任司法总长,6月15日,黎元洪复任总统,罗任大理院院长。
1922年9月20日王宠惠负责组阁,使罗文干的前程发生突然的变化,王任命罗在有顾维钧、徐谦等人参加的“好人内阁”中担任财政总长,同时又任监务督办、币制局长。当然,一个大理院院长辞去原任职务去担任内阁职位是迥非寻常的一件事,但王宠惠说服罗使他知道财政总长需要一位品行端正的有才能的人物充任。
当时北京政府由于无力偿还债务,而陷于窘迫之中,因而罗文干所担任的职位非常重要,他当即对1922年国内的财政情况准备了一份报告,这个报告说明了他承担的任务之艰巨。当时政府的国内外债务达1726400000,到期债款为480000000,军费及各城市所需款项为180000000,每月平均开支经费为9200000,但是,当时的每月平均收入略多于200000元而已。
当时北京政府的后台直系势力又因吴佩孚、曹锟争夺内阁总理职位而陷于分裂,奉系张作霖反对“好人内阁”,认为王宠惠是直系人物,乃指使众议院议长吴景濂、副议长张伯烈起而倒阁,由于王宠惠支持吴佩孚,因此随王宠惠入阁的阁员成了奉系和曹锟双方的攻击目标。1922年11月中旬,吴景濂指责罗文干在第一次世界大战前曾因处理向奥地利借款合同事宜受贿,11月18日,黎元洪下令逮捕罗文干及其财政要员,整个内阁逐于11月21日辞职以示抗议。翌日,黎元洪释出罗文干,并派孙宝琦前去迎接他入总统府,罗拒绝这个邀请。三天后他又回到监狱,要求查清自己有无罪行。他在监狱内住了八个月,1923年7月29日无罪释放。众议院内他的政敌为此上诉,上诉后,法院停止执行原来的裁决,他又再度入狱,直至1924年春上诉撤回后才获释。罗文干由于政治上的原因被无辜监禁达一年多。
1924年春到1926年春,罗文干在北京开业当律师。段祺瑞为东山再起的吴佩孚推翻后,海军总长杜锡珪于1926年6月组成“摄政内阁”,以罗文干为司法总长,内阁成员多次变化,罗任职一年多,又兼任关税督办。他以这个身份出席了1926年7月24日特别关税会议中外代表会。1927年6月,潘复组阁,支持张作霖作为全中国的“大元帅”,罗任外交部条约修订委员会副主席。
1928年国民党计划以北伐统一全国,而日本则企图向东亚扩展其势力,张作霖的政府由于受到破坏。6月3日,张作霖离北京回东北,他命令罗文干及内务总长沈瑞麟负责处理政务。张作霖死在日本人手中,北京又为国民党所占,罗、沈遂去沈阳,在张作霖之子张学良手下任东北保安司令长官署参议。
1931年12月,日军把张学良逐出东北,罗文干在此以前一直充任张学良派往广州与国民党领袖会谈的代表,此时遂和张在北京会合,并出任华北政务委员。蒋介石辞职,南方的几个领导人控制了南京的国民政府后,罗于1932年1月1日出任司法部长。1月底,孙科、陈友仁分别辞去行政院长、外交部长之职。由汪精卫、罗文干继任。2月1日,罗文干为保卫中国免受日本侵略,进行活动,通知国联秘书长德雷蒙关于中国计划对日宣战之说纯系捏造。此后,罗文干致力于取得国联及与会各国对中国的支持,虽未成功,但已尽力所为。
1933年新疆省事态的发展,罗文干在处理国内问题的领域中有机会施展才能。4月间,盛世才在乌鲁木齐夺得权力和回族马仲英的势力发生冲突。6月,特别宣抚使黄慕松去新疆,盛世才借口黄慕松意在推翻新疆政府而加以逮捕,盛世才提出释放黄的条件是由他担任新疆边防督办,刘文龙任新疆代主席,南京方面对此勉强表示同意,黄慕松遂于1933年7月21日回到南京。8月中旬,汪精卫派罗文干去乌鲁木齐,执行三项任务:处理盛世才和马仲英之间的冲突;取得盛世才及其他方面势力之间的力量平衡;使盛服从南京政府。如有可能,取消盛世才的前任金树仁于1931年签订的新疆和苏联之间的经济协定。
1933年9月2日,罗文干到达乌鲁木齐,五天后主持盛世才、刘文龙的就职典礼,然后去吐鲁番会见马仲英,马仲英同意就任东疆警备司令,但要求盛世才向其部队提供给养,以表明盛信守诺言。罗文干回乌鲁木齐报告马仲英的立场后,盛世才决定重新向马仲英开战。罗文干离乌鲁木齐去伊犁会见盛的另一个政敌张培元。罗后又去苏联与颜惠卿一起讨论1931年的条约问题后回国,他认为南京的权威并未达到新疆,而莫斯科却处于有利地位并扩展在新疆的势力。
1933年11月11日,罗文干回到南京,几天后,他在去南昌向蒋介石作汇报的前夕,声称他将辞去他在政府中的两项职务。11月29日,国民党中央政务会议准他辞去外交部长之职,但仍任司法部长。1934年10月3日中央政务会议决定将司法部从原隶行政院改属司法院。罗文干遂即辞职。一个月后,他就任外交部顾问的闲差,1935年退休去广东经办矿业,1938年加入张嘉森的国家社会党,此后在重庆任国民参议员。1941年10月16日因疟疾死在广东罗定,年五十三岁。