A Handbook of Modern Japan

by Ernest W. Clement

The Japanese judiciary is, by this time, pretty much weeded out of the old judges with antiquated notions, and consists very largely of comparatively young men, educated in the modern systems. A graduate of the Law College of the Imperial University may attain a seat on the bench after three years as a probationary judge, and one examination; other persons must pass two severe examinations. The salary of an ordinary judge is small; and just after the Imperial Diet in 1901 had failed to pass a bill for increase of their salaries, a large number went on a strike! Judges are appointed for life on good behavior.

COURT BUILDINGS, TŌKYŌ, AND THE MINT, ŌSAKA

The management of the Japanese prison system will bear favorable comparison with that of any Western country; for it has undergone considerable improvement of recent years, and is quite up to date. It is rather amusing to recall the fact that, before the new treaties came into effect, by which foreigners were to fall under Japanese jurisdiction, considerable anxiety was manifested lest American criminals, for instance, should suffer inconvenience in Japanese jails! And it was a singular coincidence that the first crime committed after the midnight when those treaties went into effect was by an American, who committed a triple murder in Yokohama. But the trial and treatment of Miller showed to the world that Japanese law and prisons were entirely unworthy of the captious criticism that had been passed upon them. With commodious buildings, extensive grounds, ventilated rooms, gardens and shops for laborers, hospitals for the sick, bath privileges, wholesome food, reading matter under certain limitations, rewards for good behavior, part pay for labor, the Japanese prison, especially the largest ones at Tōkyō, Yokohama, and other important cities, must be acknowledged to hold high rank among the reformatory institutions of the world.

This is, perhaps, as appropriate a place as any to introduce one of the peculiar legal institutions of Japan, that is, the public brothel. As is well known, the social evil is licensed, and therefore legalized, in Japan; it is not merely not condemned, but actually condoned. In Old Japan the young girl willing to sell herself to a life of shame to relieve the poverty and distress of her parents would be considered virtuous, because filial piety was regarded as a higher virtue than personal chastity. Nor would the parents who accepted such relief be severely condemned, because the welfare of the family was more important than the condition of the individual. And even in Modern Japan, in the eyes of the law, it is no crime to visit a licensed house of ill-fame; and visitors to such places hand in their cards and have their names and addresses registered, just as if they were attending an ordinary public function. Nay more, an ex-President of the Imperial University, and one of the leading philosophers and educators of the day, has come out in public print and affirmed that, from the standpoint of science and philosophy, he can see no evil in prostitution per se. And when such licensed brothels are allowed near Buddhist temples and Shintō shrines, it would appear as if those cults were really culpable not to protest. Indeed, when the patriotic youth of New Japan, wishing to pay homage at the most famous shrines of Ise, are compelled to reach the spot by passing along a road lined on both sides with legalized brothels, it looks as if official encouragement to impurity was offered, or at least temptation was presented, to the rising generation.

But Christianity has always taught, in Japan as elsewhere, that prostitution, whether licensed or unlicensed, is a sin, and has sought by various means to check this terrible evil. Formerly no girl was able to escape from her awful slavery, no matter how much she desired to free herself, except by permission of the keeper! But within the past few years a campaign has been waged that has greatly weakened the tyranny of the abominable system. A test case, bitterly fought at every point, was carried up through all the courts to the highest, and finally won by those who contended that a girl could not be kept in a brothel against her will. Another test case, carried up to the Supreme Court, and decided in favor of the keepers, to the effect that the financial obligations of the girls are valid in law, has given the reform movement a temporary set-back. But, in spite of all obstacles and opposition, the crusade against the social evil has achieved a large measure of success. About 14,000 girls have been set free; the number of applicants for admission, as well as of unlicensed prostitutes, has diminished; the number of visitors has so largely decreased, that some brothels have been compelled to go into bankruptcy and close up the business; public opinion has been aroused, and the moral tone of society has been elevated and purified.

We must not fail to call attention to the fact that the destructive work of this crusade has been supplemented by the constructive work of establishing “rescue homes” under the auspices of the Woman’s Christian Temperance Union, the Salvation Army, and other Christian organizations. There is also a very large and successful Home for ex-Convicts, conducted in Tōkyō by Mr. Hara, a Christian minister, often called the “Howard of Japan.” This title might also be given to Mr. Tomeoka, another Christian minister, who has made a special study of penology and prison management, and is conducting both a “reform school” and a “school for prison officials.”

Inasmuch as Japan is under a paternal government, the system of registration is carefully and thoroughly employed. It is practically ubiquitous and universal; and it is carried to such an extreme as to be vexatious to Anglo-Saxons, especially to Americans. But to a Japanese the seki (register) is all important; it is the certificate of his (or her) very existence, age, status, occupation, home (permanent or temporary), and almost of the character of the individual. In case of change of residence, this biographical sketch must be transferred from one locality to another; and even in case of travel, or presence in a hotel for a single night only, the guest must give an account of himself to the proprietor according to certain blanks supplied by the police. A foreigner is concerned with the following information by Dr. Masujima, the eminent lawyer and jurist of Tōkyō:—

“A foreign householder who intends to stay for more than nine days at one place in Japan, must, within ten days of his arrival, report to the police regarding himself and persons in his company, stating full particulars, ages, profession or other occupation, the place from which they last came, their home domicile, and the relationship of those persons with him; as well as the full address of the house in which he lives, countersigned by the landlord, any changes in such information to be treated in like manner from time to time.”

The subject of taxation is one which may well be mentioned in this chapter, although it is scarcely profitable to devote much space thereto. In Old Japan taxes were paid in kind, chiefly with rice; but in New Japan they are payable only with cash. The system of taxation is rather complicated and oppressive; and yet the people stoically endure their burdens without indulging in the pastime of agrarian riots. The land-tax of 3-1/3 per cent of the assessed value of the land in the case of rural lands and 5 per cent in the case of urban lands is a very important source of revenue, and has always been the cause of great trouble in political circles. Other taxes are the business tax, the income tax, the house tax, etc. The last mentioned is the one which foreigners claimed to be exempt from paying, but the Japanese government claimed to have the authority to levy; the question has been submitted to arbitration, and is still sub judice. Under the new treaties Japan has the right to levy duties on imports, and thereby secures considerable revenue. In the list of articles exempt from duties we find books, maps, charts, bullion, coins, cotton, flax, hemp, jute, rice, wool, plants, trees, shrubs, etc.; and in the list of prohibited articles opium and adulterations are most prominent.[117]