A Handbook of Modern Japan

by Ernest W. Clement

That important document, which signed away such strongly acquired and inherited prerogatives, at the outset, however, seems far from generous. The Emperor, “sacred and inviolate,” is “the head of the empire,” combining in himself the rights of sovereignty; but he “exercises them according to the provisions of the Constitution.” It is only “in consequence of an urgent necessity to maintain public safety or to avert public calamities,” that the Emperor, “when the Imperial Diet is not sitting,” may issue “Imperial Ordinances in place of law.” But these ordinances must be approved by the Imperial Diet at its next session, or become “invalid for the future.” To the Emperor is reserved the function of issuing ordinances necessary for carrying out the laws passed by the Diet or for the maintenance of public peace and order; but “no Ordinance shall in any way alter any of the existing laws.” The Emperor also determines the organization of the various branches of the government, appoints and dismisses all officials, and fixes their salaries. Moreover, he has “the supreme command of the army and navy,” whose organization and peace standing he determines; “declares war, makes peace, and concludes treaties”; “confers titles of nobility, rank, orders, and other marks of honor”; and “orders amnesty, pardon, commutation of punishments and rehabilitation.”

Now it must be quite evident to the most casual reader that, in carrying out this Constitution, patterned after that of Germany, much depends upon the Emperor and his personality. One, like Kōmei (the father of the recent Emperor), bigoted and intent upon resisting any infringement, to the slightest degree, upon his “divine rights,” could create a great deal of friction in the administration of affairs. But, fortunately for Japan and the world, Mutsuhito was not at all inclined to be narrow-minded, selfish, and despotic, but was graciously pleased to be the leader of his subjects in broader and better paths. And although the Empress had no share in the administration and wisely kept “out of politics,” her popularity enhanced the interest felt in the reign recently closed.[91]

It is, moreover, fortunate for Japan that the new Emperor, Yoshihito, is also a man of most liberal ideas and progressive tendencies. He has had a broad education, by both public and private instruction, and a careful training for the career that lies before him; and he will undoubtedly be found ready to extend popular privileges just so far as conditions warrant. Seated on the ancestral throne, he is the first Japanese Emperor who has received any education in public; for it was in the Gakushūin—or Nobles’ School, as it is called in English—that he completed the elementary course.[92] After that, on account of poor health, he was compelled to pursue his studies under private tutors.

And that the Imperial line will, in all human probability, remain “unbroken” for many years, is rendered likely by the fact that the Emperor and the Empress Sada have been blessed with three healthy sons, Princes Michi, Atsu, and Teru, who are being brought up by professional “tutors,” Count and Countess Kawamura, away from court life, with such care as the needs of said Imperial line demand.

But, to return from this digression to the subject of the Constitution, another body recognized by that document is the Privy Council (Sumitsu-In), appointed by the Emperor and consulted by him upon certain matters of State. It consists of 1 President, 1 Vice-President, 25 Councillors, and 1 Secretary, with 5 assistants; and it is composed of “personages who have rendered signal service to the State and who are distinguished for their experience,” such as ex-Ministers of State and others, whose “valuable advice on matters of State” would naturally be sought. The matters coming within the cognizance of the Privy Council are specified as follows: Matters which come under its jurisdiction by the Law of the Houses (of Parliament); drafts and doubtful points relating to articles of the Constitution, and to laws and ordinances dependent to the Constitution; proclamation of the law of siege and certain Imperial ordinances; international treaties; and matters specially called for. The Ministers of State are, ex officio, members of the Privy Council; but although it is “the Emperor’s highest resort of counsel, it shall not interfere with the Executive.”

The Cabinet includes the holders of 10 portfolios: those of the Minister President, or Premier; the Minister of Foreign Affairs; the Minister of Home Affairs; the Minister of Finance; the Minister of the Army, or War; the Minister of the Navy; the Minister of Justice; the Minister of Education; the Minister of Agriculture and Commerce; and the Minister of Communications. There is one other official who holds the title of Minister, but is not a member of the Cabinet, that is, the Minister of the Imperial Household. When the Cabinet is fully organized, it contains 10 members; but occasionally circumstances compel the Premier or some other Minister to hold an extra portfolio, at least temporarily. Each department of state has its own subordinate officials, most of whom hold office under civil-service rules and are not removable.

The titles of the departments are mostly self-explanatory, and correspond in general to similar departments in Occidental countries; but in some cases there are vital differences, especially in comparison with the United States Cabinet. In a paternal government, like that of Japan, the Minister of Home Affairs holds a much more important position than our Secretary of the Interior, for he has the general oversight of the police system and the prefectural governments; the Minister of Justice holds a broader position than our Attorney-General; and the Minister of Communications has the oversight, not of the postal system only, but also of telegraphs, telephones, railways, and other modes of conveyance and communication. In general, as will be observed, the Japanese Government owns many institutions which, in our country, are entrusted to private enterprise.

The Premier receives a salary of 9,600 yen, and other ministers receive 6,000 yen, besides official residence and sundry allowances. In most cases the real work of each department is performed by the subordinate officials, while the frequently changing[93] Ministers of State are only nominal heads of the departments. The two portfolios of the Army and the Navy, however, have been taken out of politics, and are not subject to change whenever a ministry goes out of office. Ministers of State, as well as governmental delegates, specially appointed for the purpose, “may, at any time, take seats and speak in either House” of the Imperial Diet.

The Imperial Diet of Japan consists of two Houses, the House of Peers and the House of Commons. The membership of the former comprises three classes,—hereditary, elective, and appointive.[94] The members of the Imperial Family and of the orders of Princes and Marquises possess the hereditary tenure. From among those persons who have the titles of Count, Baron, and Viscount a certain number are chosen by election, for a term of seven years. The Emperor has the power of appointing for life membership a limited number of persons, deserving on account of meritorious services to the State or of erudition. Finally, in each Fu and Ken one member is elected from and among the highest tax-payers and appointed by the Emperor, for a term of seven years.

The members of the House of Commons are always elected by ballot in accordance with the Election Law, by which they now number 379. Their term of office is four years, unless they lose their seats by dissolution of the Diet, as has often happened. “Those [persons] alone shall be eligible [as candidates], that are male Japanese subjects, of not less than full thirty years of age, and that in the Fu or Ken in which they desire to be elected, have been paying direct national taxes to an amount of not less than 15 yen, for a period of not less than one year previous to the date of making out the electoral list, and that are still paying that amount of direct national taxes.”[95] Certain officials, as well as military and naval officers, are ineligible. A voter must be full twenty-five years of age; must have actually resided in that Fu or Ken for one year; and must have been paying direct national taxes of not less than 10 yen. The limits of an electoral district include a whole Fu or Ken, except that an incorporated city (Shi) forms one or more districts by itself. And the number of the latter kind of districts has been increased lately, so that urban populations might have a more adequate representation. The plan of unsigned uni-nominal ballots is employed. The present number of eligible voters is a little over one million.