The Fight for the Republic in China

by B. L. Putnam Weale

THE LOCAL SYSTEM

DRAFT SUBMITTED TO PARLIAMENT

The following Regulations on the Local System have been referred to the Parliamentary Committee for consideration:—

Article 1. The Local System shall embrace provinces and hsien districts.

Any change for the existing division of provinces and hsien districts shall be decided by the Senate. As to Mongolia, Tibet, Chinghai and other places where no provinces and hsien districts have been fixed, Parliament shall enforce these regulations there in future.

Art. 2. A province shall have the following duties and rights: (a) To fix local laws. (b) To manage provincial properties. (c) To attend to the affairs in connexion with police organization, sanitation, conservancy, roads, and public works. (d) To develop education and industry in accordance with the order and mandates of the Central Government. (e) To improve its navigation and telegraphic lines, or to undertake such enterprises with the co-operation of other provinces. (f) To organize precautionary troops for the protection of local interests, the method of whose organization, uniforms and arms shall be similar to those of the National Army. With the exception of the matter of declaring war against foreign countries, the President shall have no power to transfer these troops to other provinces: and unless the province is unable to suppress its own internal troubles, it shall not ask the Central Government for the service of the National Army. (g) The province shall defray its own expenses for the administration and the maintenance of precautionary troops; but the provinces which have hitherto received subsidies, shall continue to receive same from the National Treasury with the approval of Parliament. (h) Land, Title Deed, License, Mortgage, Tobacco and Wine, Butchery, Fishery and all other principal and additional taxes shall be considered as local revenues. (i) The province may fix rates for local tax or levy additional tax on the National Taxes. (j) The province shall have a provincial treasury. (k) It may raise provincial public loans. (l) It shall elect a certain number of Senators. (m) It shall fix regulations for the smaller local Self-Governing Bodies.

Art. 3. Besides the above rights and privileges, a province shall bear the following responsibilities:

(a) In case of financial difficulties of the Central Government, it shall share the burden according to the proportion of its revenue. (b) It shall enforce the laws and mandates promulgated by the Central Government. (c) It shall enforce the measures entrusted by the Central Government, but the latter shall bear the expenses. (d) In case the local laws and regulations are in conflict with those of the Central Government the latter may with the approval of Parliament cancel or modify the same. (e) In case of great necessity the provincial telegraph, railway, etc., may be utilized by the Central Government. (f) In case of negligence, or blunder made by the provincial authorities, which injures the interests of the nation, the Central Government, with the approval of Parliament, may reprimand and rectify same. (g) It shall not make laws on the grant of monopoly and of copyrights; neither issue bank notes, manufacture coins, make implements of weights and measures; neither grant the right to local banks to manage the Government Treasury; nor sign contracts with foreigners on the purchase or sale of lands and mines, or mortgage land tax to them or construct naval harbours or arsenals. (h) All local laws, budgets, and other important matters shall be reported to the President from time to time. (i) The Central Government may transfer to itself the ownership of enterprises or rights which Parliament has decided should become national. (j) In case of a quarrel arising between the Central Government and the province, or between provinces, it shall be decided by Parliament. (k) In case of refusal to obey the orders of the Central Government, the President with the approval of Parliament may change the Shenchang (Governor) or dissolve the Provincial Assembly. (l) The President with the approval of Parliament may suppress by force any province which defies the Central Authorities.

Art 4. A Shenchang shall be appointed for each province to represent the Central Government in the supervision of the local administration. The appointment shall be made with the approval of the Senate, the term, of office for the Shenchang shall be four years, and his annual salary shall be $24,000, which shall be paid out of the National Treasury.

Art. 5. The administration measures entrusted by the Government to the Shenchang shall be enforced by the administrative organs under his supervision, and he shall be responsible for same.

Art. 6. In the enforcement of the laws and mandates of the Central Government, or of the laws and regulations of his province, he may issue orders.

Art. 7. The province shall establish the following five Departments, namely Interior, Police, Finance, Education and Industry. There shall be one Department Chief for each Department, to be appointed by the Shenchang.

Art. 8. A Provincial Council shall be organized to assist the Shenchang to enforce the administrative measures, and it shall be responsible to the Provincial Assembly for same.

This Council shall be composed of all the Departmental Chiefs, and five members elected out of the Provincial Assembly. It shall discuss the Bills on Budget, on administration, and on the organization of police forces, submitted by the Shenchang.

Art. 9. If one member of the Council be impeached by the Provincial Assembly, the Shenchang shall replace him, but if the whole body of the Council be impeached, the Shenchang shall either dissolve the Assembly or dismiss all his Departmental Chiefs. In one session the Assembly shall not be dissolved twice, and after two months of the dissolution, it shall be convened again.

Art. 10. The organization and election of the Provincial Assembly shall be fixed by law.

Art. 11. The Provincial Assembly shall have the following duties and powers: (a) It may pass such laws as allowed by the Constitution. (b) It may pass the bills on the provincial Budget and Accounts. (c) It may impeach the members of the Provincial Council. (d) It may address interpellations or give suggestions to the Provincial Council. (e) It may elect Members for the Provincial Council. (f) It may attend to the petitions submitted by the public.

Art. 12. A Magistrate shall be appointed for each hsien district to enforce administrative measures. He shall be appointed directly by the Shenchang, and his term of office shall be three years.

Art. 13. The Central Government shall hold examinations in the provinces for candidates for the Magistracy. In a province half of the total number of magistrates shall be natives of the province and the other half of other provinces; but a native shall hold office of Magistrate 300 li away from his home.

Art. 14. The organization for the legislative organ of the hsien district shall be fixed by law.