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CONSTITUTION OF THE EMPIRE

JAPAN.









>\i \i i:\ i \ 1:1

.

CONSTITUTION OF Tl EMPIRE

JAPAN

MARQUIS HIROBUK ///

D

M

BARON MIYOJI 1TO

SECOND EDITION.

Kin

CH Q-O DA1G A K f(C0' :tjr)

MK. KAN

ton Y BAB or !Uui(l*)e).

(Jt/r&t



636239



TRANSLATOR'S PREFACE

TO

SECOND EDITION.

- beuetl without

in tin- ('MINI s except a few al"

in tin-j> '-y wl, -learned

:il\ .unrmlim-h

tin the ll-.ii--

ivx-uta1

the : 'ion f

liti.ii lia. lu-tvssity of

tl';i: tin- >:i!

inal l:i\v. lie tli-

II.

uses, being cihi-

!uo-l in tin-

form of f. .S. Thus i

1

i-iMlthat the

has been hroimht up to late.

BABOI ^!l^JI ITO.





CONTENTS.

PREAMBLE

TUB KMI-KK*

Am : . 1

Ann ; II

Am 1.1 111

ABT! : IV

ABTICLE \

A1 :

ABTI- U VII

ABTI. i>: VIII

ABT:

ABTICLE X ..

ABT:

ABTICLB X

ABTICLK XIII

ABTICLE XIV

ABTICLE N

ABTICLE \

ABTICLE XVII

iTKi: II

AMD DUTIM or

X\:

::

ABTI.

!.E XX

ABTI

11

11

1ft

19

SI

as

S4

SO



PAGE.

ARTICLE XXIII .. .60

ARTICLE

ARTICLE XXV .53

; \\VI . . ..54

ARTICLE XXVII .54

ARTICLE XXVIII 58

ARTICLE X\I\ 61

ARTICLE XXX

ARTICLE XXXI ... 04

:OLB XXXII 66

CHAPTER III.

THE IMPERIAL DIET CS

ARTICLE XXXIII

ARTICLE XXXIV 7J

ARTICLE XXXV 73

ARTICLE XXXVI 74

ARTICLE XXXVII 7r>

ARTICLE XXXVIII 77

ARTICLE XXXIX 73

ARTICLE XL 79

ARTICLE XLI 81

ARTICLE XLII 81

ARTICLE XLU I 82

ARTICLE XLIV 83

ARTICLE XI.V 84

ABTICLB XLVI 84

ARTICLE XLVII 85

ARTICLE XLVII I 80

ARTICLE XLIX 86

ARTICLE L 87

ARTICLE LI ... 88



I. II

Am- ir. Mil

Ann ;: I. IV ft

TNI HiwimuM or STATB AMU TNI PBITT Corooau 99

ABTICLK I,\ .. g

ABTI- i > I \ 1

Arrui i: I.VI I

AncL LVIII

Am

AETICLI LXAMI

CHAPTBB V.

TUB J

: 7

no

us

.110

.118

.119

FINANCE

: IAI1I ..

ARTICLE LXIV

AETICLE LXV ..

AETICLE LXVII..

M LXVIII

AETICLB LXIX ..

AETICLE LXX ..

E LXXI ..

ABTIOLB LXXII..

AETICLE LXXIII.

Scrr

vii

AET RULES

124

124

.126

131

.110

1

.140

U4

14S

.14B

.110

.iia



IV

PAGE.

ARTICLE LXXIV 155

AETICLI LXXV... .156

ARTICLE LXXVI... 157

APPENDIX.

IMPERIAL OATH AT THE SANCTUARY OF THEIMi'LKIAL PALACE. .1.7

IMPERIAL SPEECH ON THE PROMULGATION OF

THE CONSTITUTION 169

IMI'ERIAL HOUSE LAW 17-

IMPERIAL ORDINANCE CONCERNING THE HOUSE OF

PEERS ... 180

LA \VOFTHE HOUSES I'.'l

LAW OF ELECTION OF THE MEMHEKS OF THE

HOUSE OF REPRESENTATIVES

ORIGINAL LAW OF ELECTION OF THE MEMBERS OF

THE HOUSE OF REPRESENTATIVES

APPENDIX OF THE LAW OF ELECTION OF THE

MEMBERS OF THE HOUSE OF REPRESENTA-

TIVES U77

LAW OF FINANCE... ...29S



PREAMBLE*

II oe of the glories of Oar Ancett-

:Mvn. succession

unl :

:ig to promote

f. ami to L to the

ami intfll.-ctual :I Our beloved

Mihjrcts tl.- iiat havr I..-.. ;jped

\\ith tin- I- ,ni(l all- 'o vigilance

>nr Ai .:nl Imping intain

I>erity<f t! i<vrt with Our people

anl with tii.-ir MIJ-.\.

hereby iroinul>ratt\ in

106 >f Hur Iin|M-ri:il Rescript of tin- 1'Jth

: month of tin- Nth \var .f Mri,

fumlainmtal law .f Statr. |il.it the* prin-

\hirh We are to be guidiMl in Our con-

tO point out to what Our <l-cvn<laDtS

and Our>uhj

ever t. r.-nform.

This Preamble > not found in the orijpnai JpiM* toil of UM Coo>-

i ut we have demed it dc rmblr to inwrt it bew for l

- aoe of oar rtdn. (7VaiiWalorf



II

The rights of sov< v of the State, We hav-

inherited from Our JLnoefetors, ami We >hall be-

queath them tn Our descendant^. Neither We

nor they shall in future fail to wield them, in ac-

OOrdanoe with the provisions of the Constitution

hereby granted.

\\V now declare torespect, and protect the

Security Of the rights and of the property of Our

people, and to secure to them the complete en-

joyment of the -nine, within the extent of the pro-

visions of thepresent

Constitution and of the law.

The Imperial I >iet >hall first be convoked for

the 23rd year of Meiji, and the time of its opening

shall he the date, when the present Constitution

comes into force.

When in the future it may become necessary to

amend any of the provisions of the present Consti-

tution, We or Our successors shall assume the initia-

tive right, and submit a project for the same to the

Imperial Diet. The Imperial I>iet shall pass ite

vote upon it, according to the conditions imposed

by the present Constitution, and in no otherwise

shall < >ur descendants or Our subjects be permi

to attempt any alteration thereof.

Our Ministers of Stat ,on ( )ur hehalf, shall he



Ill

regpon !..present

ind Oar praent and futun- -ui.jecu

-hall f.'iwor OHsuin. iln- luty i.f allegiance to tin-

pre> i-titutioii.

[II: !

iniial.]

[Privy S-al.]

llth fay of the 2nd month

thf '1'lml i/t-ar of M'

(CountereigiKHl) ('.unit Kunnla Ku/ Vr<-*n\

Count (mini.

f thf Vnr\j (' it

unt ( >1

in Affairt.

t Saigo Trakomiohi,Jfi/ '< fur thf .Vary.

!lt Ilinliyr

Min nculture

and Comnurcf.

Count V:iiu:il;i Akiyo<hi.

MaKayoshi,Minixr

and IfMiMter / Rtal-

// >m A/mn

it*far }\

Arinori.

r of Statefor Education

oTakeaki.

Jf f State f(' MJMmt r. M





COMMENTARIES

CONSTITUTION OF THE EMPIRE OF JAPAN.

THE CONSTITUTION OF THE

EMPIRE OF JAPAN

In our country, tin- relation- let\ve-n S\.-r-i.:i;

-uhject wore established at the tin

te was first founded. Tin- unity of political

powers wa> -n-d. durini: tin- middle ages, by

accession of civil commotions. Since tin-

Restoration (18CS A. I).), however, the Imperial

power has grown -troni: and vigorous; ami the

r has been please1 to issue decrees pro-

claiming the grand policy of instituting a const in i

tl form of ô\vrnm.-nt. which it i- hoped will

give precision t> tin- riu'liN and duties of subjects

and gradually pn.inotr their wrll-lM-in^, l,y-

ing unity to thr >M\ reign powers of the Head of

y opi-nin.i: a wil.-r !i-ld.f

I for

Serving (the mp< nd hy pn-crihin^, with

ill- assistance of tin- Mini-trr- .-:' State and tin-

advice of the hiet. tin- whole mode .f the \

of tin- machinery ..f-

n a due and proper

\11 thi- lance with tin-

it of the n.'l'le achievementshequeatheen the way for the ultimate

accoiupli.-hnient of the ol -.lin-

ed by the said Imperial Ancestors.



CIIA1TK1; I.

THE EMPEROR.

6 Sacred Throne of Japan i- inherited from

Imperial Ancestors, and is to he I

.e|iieat lied to

posterity: in it re-ides tin- power to ivi-n over

and govern the State. Thai expreSfl provision-

concerning the sovereign power an speciallymen-

tioned iii the Article- of the Constitution, in no

wise implies that any newly settled opinion the;

on i- set forth hy the ( \>\\>\ itntion : on the con-

,ry.the original national polity i- hy no nie,,

chaiiLr

i-d hy it. hutis

more strongly confirmedthan ever.

ARTICLE I.

The Empire of Japan shall be reigned over

and governed by a line of Emperors unbroken

for ages eternal.

>\\\ce the time when tin- ih>t Imperial Ancestor

opened it, the country has not been free from

occasional cheeks in its prosperity nor from fre-

quent di-turlances of its tranquility ;hut the

splendorof the Sacred Tin-one transmitted

throughan unhroken line of one and the same dynasty

has always remained a- imnmtahle as that of tin-

heavens and of the earth. At the outset, thi-

Article states the great principle of the Constitu-



ti"ii nf the . and declares that the Empire

.11. t 111.- end ..f III:

with ill.-lin|M-ri:il

d\ n.i- j in lineage,

and that th mged in*

past,and will never rlianp- in the future, even to

all et ; d than to make dear

the r'-laii-.i between the

KmjMTMr and Hi- Mihjecto.

signed over and ^ it i* meant[

<n Hi- Throne combiner in

Hiin-clf the Mivrn-i^nty if tin- Statr ami the p-

minimi f tin- -ountry and .-uhjecto. All

nt nM-..rd|

d-rivr >f tin- tir-ti

penr in which he -a\ Count. iood-

which Our di-M'i-ndanU

>\\M become Sovereign-: Vu. < hir drs<vnlaiiU,

come and govern it II. wasalso calU-

mini: 'i fr the tir-t time"

A Prince

Dam--ud: I am a aon

nf the Kmpcror ( Hara>lii-hik..-< >-h

i- in th- palace of Hishini at Makiinnku. and

who p.vern- the (

'..untry f Ki^lit< Ire. U."

The KinjMT..r Miinini

4<

As

11 heget HOI -hall, each

in Hi- succession, govern the Country of Eight

Great Man The uu dso said:

"\Vesliallreduoe th a tn tranquility and



bestow Our loving care upon < Mir I >eloved subjects.11

Such in brief has heen th, principle, l.y which the

i>erors of every age have been guided on suc-

ceeding to tin- Throne. Latterly, the phrase "the

Emperor reigning over and governing the Country

of Eight Great Islands'1

(OyaMma-skimkimtin

to)e.une to be used as a regular formula

in Imperial Rescripts. The word x]u'r.*lu'uirxn

means reigning over and govern] It will thus

be seen that the Imperial Ancestors regarded their

Heaven-bestowed duties with great reverence.

They have shown that the pin-pose of a monarchi-

cal government is to reign over the country and

govern the people, and not to minister to the

private wants of individuals or of families. Such

is the fundamental basis of the present Constitu-

tion.

According to ancient document-, the dominion-

of our Empire, which went by the name of <>//,/.<///-

ma, was composed of Awaji-shima (the pre

one), of Akitsushima (the main island), of Kutana-

shima in lyo (Shikoku), of the I.-land of 'IVukudii

(Kyushu), of the Island of Iki (the present

Tsushima), of the Nl.md of ( >ki. and of the Nand

of Sado. The Kmpen.r Keiko (71-130 A.D.) sub-

jugated the tril.e of I]/o in the east, and in the

he subdued that of Kumaso, and the terri

onder him was brought to a state of tran<jiiility.

In the reign of the Emperor Siil I).).



there were !um<iiv<l ami .-j^lay Kunit<mko

(Governors "f I'r.îm-.-). and subsequently in th-

Code of Mn.ni.* tin* divi-i-m .f tin- country into

uces and two M.ui-1- ; < : -iied.

In th,. lir-t 7681-f

M.-iji (>> /LD fcb'

\in-,- of 1 Dewa together were sub-

divi.lr.1 into M :i<l in the second

year (1869 A . 1O. eleveo I'm\inces were estaM

n tlu* llnkk:iil. Thf nui:.

in tin* whole country was thu- im-ivaaod to eiglity-

prcsent dominions consist of t!

*. tin islands of the Okinawa and of

Qgasawara groups, in :i<l<liti.n,,

v. :.

was

rly designated by the name of '* r to

- unl islands mentioned in

t In- Code of Engi.f Territory and a people are the

;> out of which a Sta on-tituted.

A : -rouj) of dominions constitute adefr

Statr. amiiu it <1< finite

organic laws are foundin

operation.A :i inli\ Mual. an-

1

.

ies, reseniMin.u' tin- limits and parts of

imli\ idual. i^ral realm.

Thl code WM oompild in the rviico of the Ktnperor I*ai

nln MT rates aapplarlBi MM U In Ob4 11o period

r* WM flrat oottUMtod bjtbb|MMr to

oom|:i

he died whiU tho work.

boMrolto completion Ml to the lot of

t In the 5ho aniahed it in the 6th jre*r of Enoho x>rt UMMten jean after hi* elder brother had received th* Imperial coâad for

>.io

lut are to b added the UUad of Poneomeeded U> Ji

"



ARTICLE II

The Imperial Throne shall be succeeded to

by Imperial male descendants, according to

the provisions of the Imperial House Law.

A- t<> t he succession to tin- Throne, then- have

been plain instructions sinre tin- lime of tin- lir.-t

Imperial Ancestor. In ohedienee io these in-

-trnetions the Throne has heen tran.-mitted to tin-

sons and Lirandsons of the Emperors, and this rule

-hall remain iinniutahlr for all a.L'es. As regards

the order of succession, minute provi-ion.^ have

[ymade in the Imperial Hmi-e Law,

lately determined hy His Imperial Majoty. This

law will 1-c- ]v L arde(l as the family law of the Im-

perial House. That these provision- are not

expressed in the Constitution, shows that no

interference of the -nhjeet -hall ever he tolerated

regarding them.

By "Imperial male descendants."

i- meant the

male offsprings in the male line of the Imperial

succession. The present dan.-e and Article I. of

tin.- Imperial Hou.-e Law are explanatory tin- one

of the other.

ARTICLE III.

The Emperor is sacred and inviolable.



Tli- Sacred T hn.no wan fMnM i-h. -1 ai th<- time

tin- li.-a.. i tin- -;irtl, )><*came aepamt-). Tlir Klllp. H.-U\V||.|,.*4-.

ami sacnxl II- miii.-nt above

all His subject- II : .-t !. r

i- inviolable, U* has indeed to pay due respect

t" tl- "nt the law has no powerto hoi

thm- I..- n,,

verenco f..r tiJ..T-..H.

i.ut also

-hall !! u.-illhT !

i

ARTICLE IV.

The Emperor is the head of the Empire,

combining in Himself the rights of sovereignty,

and exercises them, according to the provisions

of the present;Constitutions

|

.UK! f

mini: tin i- inhrrit-.l l.y th.- Kin|K?ror

AncM..r^. ami hy I liin hccjnrathr.1 to

Hi-jM.-tt-rity. All tin- lilTiT-m 1 ~ a- \vrll

as executi\ f \\hit-h

He reigns the o.untry anl L:O\ITII- the pe-

ople, are united in thi-

who thu> ImliU in Hi- hainN. a- i; \\-r.\ all the

ramifying thiva<l- f lh- politiral lif< of tlu roun-

hrain. in tlu* human Innlv, i- th*



8

primitive soinv !i mental activity manifested

through the four limbs and the different parts of

the hody. Kor unity i- just a- Q6C68Sary in the

government of a State, a- double-mindedness

would hr ruinon- in MM i n< 1 i vi< 1 ual. Hi- Imperial

Maje-ty ha- Him--lf determined ..titlltion,

and ha- made it a fundamental law to he observed

hoth hy th<- Sovereign and hy the peop!< . ||<

further, made it eh-ar that every jmvi-ion in

the said ( 'oii-titution shall he confonned t<> without

failure or ne.uli.Lreii

Hi- Imperial Maj-ty ha> taken th ->nt

of the hiiih veneration, in which he holds Hi-

Heaveiihc-towed I'une! ion-, and with a view to the

completion of a permanent system of govern-

ment in harmony with the march of national

_rress. The comhination of all the governmen-

tal powers of the State in one person, i- the

essential characteristic of sovereignty, and the

carrying of tho-- powers into effect in accordance

witii the provisions of tin- ( 'oii-titution, denote- tin-

exercise erf nty. When the essential

c-harae!,-ri-ti- of,iiiy .-\ ist- without its ex-

Oioise in the manner just stated, the tendency

will he toward- d<-poti-m. When, on the other

hand, there i^ mob -\'-rci-e of sovereignty wit In nt

its essential characteristic, the ti-mh-ncy will he

toward- irregularities and -upinm.'

(NoTK.) According to the opinion of modern



>|H-u!i \\i |Hiliijral philosophy, the

powers of tin* State may U- divided into two

part-

judicial |M.iv thai

Tin-.- tin-.-.- powers of Slate are

'ion through tli- in*truiii<-iitality

oftl

luit tin-

068 back t.. tin- Head

unit's* tin ver

e allcentiv In tli. II. -ad. whirl. Mat

of tin- will of t! it will In-iin|Mi*.ii

tain the organic lift- <f tin* .^ \ <-)ii.-titutii!i

allot.- tl \v.rk to rarli ami

|art of tin- iruani>in of th< ,inl thu- inainf.

-us fun Q thr -aim- ; whilr. on th ..ihur

hand, tin- -^ n,

in arronlainv with tin-; "f tlie ooiutitii-

lion. It will thu- iat tin- th-r\' of

\\hirh

ii.-titntiojial j.nn. ij.lr.

It i< ai>o Contrary to th-j

i it ion of State,

:iaintan. as it was donr at tin- do>r of thr l>t!i

ury. that tlu- tl: >lioiild U*

indi-jH-ndmt :

'

tlu*

utrol -hall In* run!.

- that ha\r Injeil

toiidud ii|-on. contain

lin.i: tl



10

into our Constitution, and for this reason. th-v

have been allude! to as a matter of reference.

ARTICLE V.

The Emperor exercises the legislative pow-

er with the consent of the Imperial Diet.

The legislative power belongs to the sovereign

power of the Kmperor: hut this power shall always

be exerci<ed with tin- consent of the I>i-t. The

Kmpcror will oause the Cahinet to make draft- of

laws, or the 1 >iet may initiateprojects of laws

;

and aftei- the concurrence of hot h Houses of tin-

Diet has heen obtained thereto, the Kmperor will

u ive them His sanction, and then sueh draft

project- shall heeome law. Thu-tln- Kmperor i-

not only the centre of the executive, hut is also the

x'Urce and fountain-head of the Iri:Mati\v )ow-r.

(NoTE.) In Kumpe. within the last hundred

years,"t has happened that the turn of events ha-

t.-nded to favor tin- prevalence of extreme

doctrines; and legislative matter.- have come to be

regarded a- specially falling within the power^ of

Parliament, tin.- tendency heiim t() hold, that laws

are contracts between the Lro\-erniim- and tin-

verned, and that in their enactment, the Soven

and the people have e.pial -hare. Such a theory

Bfl out of a m i sconce jt ion <!' theprinciplt.'

of the



11

unity of ire of tin-

inal polity of ti; 'low* that

^ nugt

l1 tft*M> QPft ^1 ly one ten

-..\, :, .. -.{H.w.-r of BUt< j'i-'

.

- tin : .-

,\ill that eall- [n< . h and

diHliICt a hiiinan O of

tin- I i.-t i- !.. .-iiaM.- ti,. II. -.i-l ..f the EN III

'

perform \\\- fr . anl to keep th<* will of

in

romliiion

health.1

wer

mpepor.

Tim tin- Kmpoiror ami th- i

li-tiiicti..u i- to IM- -trirtly maintained 8 to their

poeitioi

ARTICLE VI.

The Emperor gives sanction to laws, and

orders them to be promulgated and executed.

The >anrtiinin.i: "f a law. the causing f tin-

to hrjM-oinuluMt'-l iii a proper form, ami th-

onln-iim of the taking of nu-a-ures for -CU-

tion of the >ann all these belong to the

Kmperor. Saiu-tion om-

plete> the process of legislation, while pnnimlgn-

proluce> Kimlinu foive U|MIII the MihjocU. If

the pow.-r "f BanotiOD Him. it i" -<*ar



1-J

neoeapary

to remark that, ae a

consequence,

He also

possesses the power to refuse His sanction. Sanc-

tion is a manifestation of the sovereign powerof tin-

Emperor in n Kit tcrs of legislation. Consequently,

without tht; sanction of the Kmperor. no pr.

beoome law. even if it ha< received the

ent of the 1 >iet. Ill oldi'll times, the ehar..

jt (law) was r and prononoed the same as

characterX (a term applied to 1 1m Sovereign

and meaning"declared" ).

In a work entitled

'/;/', this sentence is fonn<l:"

^nori-

yama (the Great Law .Mountain, , ,lle<l

-ubega-oka) has received its appellation from

circunistanc-e. that it was upon this hill that

E or Shinafuto (otherwise called the Km-

peror Ojin. 'J7n-:!l^ A.l>.) delivered Ins trreat

<l-n'>ri).Now lan^na.ire is a veryi niportant

r in hi-torical >tudic- For elucidating old

traditions and customs. It thus appear> that in

olden times men generally understood hy law the

words spoken hy a Sovereign, ami no conflict lias

: arisen a- to the general nieaniiii: of the word.

(NoTE.) In Knrope. variou- opinion^ have 1

propounded a- to the power of Sovereigns to veto

proposed laws. In England, it is held that this

power is a part of the legislative power of the

Sovereign, and is adverted to as proof of the

equilihrium maintained hetwecn the three estates

of the realm (the Crown, the Lord- and the



13

Con According to certain French writers,

garded as being the check

robed l-y thr rxeriitivr ti|Mn th- I'-.-Ma'

The so-call- in iNpriiirij.li-. uega-

ieiiMat: .i\vs while tin? Soveie-

u.es tin- HU will thus I iu seen Uiat

an offshoot of |.rin.-i|.l-. which aim at con-

L: tin- sovereign power of a within the

executive JM.W. -r only i at least at allowing him

n||l\ :t nf till* 1<*L' pOWCr. Ill OUT

Constitution, a ; ; niKiplo is adopted, that

is to say. the law- niu-t necessarily emanate at the

rommamlf tin- 1

ll-ncr it i- -auction

makes a la\\ :ln- law> mu-t necessarily

emii! the cniniuaiKl f the Kinpenr. it na-

llv fllnws tl power to withhold

sanction t.. the same. Tim-, althtai.irh there maybe some semManee of similarity between our

system ami the\

eto system above allmll to, theone is as far separate.! fi ier as the

heavens are fi th.

ARTICLE VII.

The Emperor convokes the Imperial Diet,

opens, closes and prorogues it, and dissolves

the House of Representatives.

Ti. 'ion .f tli. i exelu-



1!

sively to the sovereign power of tin-

Hence, the Constitution <!><> noi niie a I>iei

which a-M'mhlcs of its own accord without sum-

mons, and the deliberations of no sneh I>i-t -hall

be allowed to posse any i;

It will also appertain to tin- sovereign power of

tin- Kmpemr. after tin- convocation of the Diet, to

open and close it.- session, in order to exercise a

general control over the commencement and the

termination <>f the respective Houses. In op

ing the Hou-e^ the Emperoi will either proceed

in person to the I >i.-t. or He will send thei

special Imperial delegate to read His speech.Deliberations in the I )iet shall be commenced

only after this ceremony has heen gone through.

No deliberations, that have been held before the

opening or after the closing of the Diet, shall be

of any account.

By "prorogation'is to he understood the

suspension of the deliberation- <>t the Diet. In

the case of prorogation for a stated length of time,

deliberations will, on the expiration of that time.

be resumed where they left off.

The dissolution of the House of Kepivsmtative-

is a mode of ascertaining the public opinion from

the tone of the newly elected House. No men-

tion is in this place made, of the House of Peers,

for the reason that that House cannot be dissolved,

although it can be prorogued.



15

ARTICLE VIII

The Emperor, in consequence of an urgent

necessity to maintain public safety or to avert

public calamities, issues, when the Imperial

Diet is not sitting, Imperial Ordinances in the

place of law.

Such Imperial Ordinances are to be laid

before the Imperial Diet at its next session,

and when the Diet does not approve the said

Ordinances, the Government shall declare

them to be invalid for the future.

When the country U threatened with danger, or

when tin- nation i> \ i>ited with famine, plague or

r ealamity. \ rry necessary and possible

measure must be taken for tl -.nance of the

public safety, for tin- ; i..n of Midi calamities,

and f<r the rdirf of distress thereby caused.

8houl<l an emergency of the kind happen to arise

whih the I>iet is not -itting, the Government will

have to take upon itself the responsibility of issu-

ing1

mi"rial ( finances in the

placeof

laws,and

shall 1 hing undone that may be required

in the juneture; for such action i- imj*

demand. -d f. r the defence and safe-guarding of

the count i -ill be seen that Article V, pro-



16

\ idiniMhat the exercise of the l.-.nMative power

re<min- the consent ct the hiet, regards ordinary

cases: while tin- pmvUinns nf tin* present Article,

authorizing the issuing oi Imperial ordinances in

plan- nf laws, refers tn exceptional cases in

3 of c: iicy. This poi tttioned in

the present Article, is called tlif j.n\Vcr nf i>SlUDg"eiinT-vncy Ordinances". Its legality ifi

COgni/c<l ly the Constitution, lnit at tln -ani- time

al use of it is strictly ii'iianlcl against. Tims the

Constitution limits the use of this power to tin-

cases of urgent necessity f<>r the maintenance of

public safety ainl f>r the averting nf ])uhlic calami-

. and j.mliihits its ahuse <>n the urdinary ]>l<-a

-"tectini: the puhlic interest and nf prnmntiu.ir

public welfare. Consequently in i-.-uiiiL: an emer-

gency Ordinance, it shall he made the rule to

declare- that such Ordinance has heen issued in

accordance \vith the provision- nf the present

Article. For, should the Government make use

of this power a> a preteilfr avoiding the public

deliberations of the Diet or for deMioyin^ any

'ini^ law, the provisions of. the Constitution

would become dead letters having no s5uniti<

\vhate\-er. and wouldbe far

from servingas

abulwark for the protection of the penpl-

Over this -p.-cial ]>n\\

fore, been given to the Diet by the present

Article, making it necessary, after due examina-



thrivof at a (il)Hcquent date, to ol

appr..l.ati.n to an emergency Ordinance.

the Conntituti..n. thote

of tin-|u-.-

-MIT tho greatest number

tful point- These point* will be cleared

up MM,, after tin- Anting them in the

ii- ami answers. First : IB such an

Imperial< h-ilinamv limited in its action to tin-

Mipplying of the deficiency of the law, or can it

also tit h<r suspend, modify or abolish any exist-

ing la \\ o such an Ordinance possesses byvirtue of the Constitution, the power of taking tin-

}>la nf la\ ill. as a consequence, be com-

petent to affect any matter that ran be affected by

iM. 1m- -h.- I>i-t not t:iv? its ap-

to Midi an < >nlinance at its next session,

it -liouM promulgate that it hliall

lost' \\hih at the same time any law

\\liit -h it has abolished or modified shall regain

its fonnrr ftl ^-'"iuUii: \Vln-n tin* I

gives its ap U> SQOb an <>nlinan<v. what

>hall IM- thr rflVrt thrpM-: Oplinance shall

thru (..ntinuo to possess the power of law for the

futmv. without having to go through the formal ity

'rdhi: 11 it

that, whento such an

Ordinal!.--, the Government is obliged to promul-

gate, that th- ( M-ilinane.- in jUf>-e no

effect in the future? Because it is only by such



L8

promulgation thit the people are freed from their

t >Migation of obedience to it. /'///%: On what

ground shall the Diet be entitled to refuse its ap-

prohati.n'.' The I>iet may refuse it- approbation,

when it has <li>e..vrred either tliat the ( >rdi nance

is incompatible with the Constitution. ,,r that it i.~

wanting in any of the conditions mentioned in

the present Article, or on the ground of some

other legislative e. undeletion./'////////

: What,

if thr (Jovernment does not submit the ( >rdi-

nanee to tin- I >iet at its next session, or if,

after the I)iet has rcfn-ctl to give its appro-

hation to it. the (inverninent <les not notify

that the Ordinance has be<-n annulled? Tin-

Government shall then have to hear the res-

ponsihility of a hreaeh of the Constitution.

Sixthly: When the I >iet lias refused it- approba-

tion, may it demand the retrospective annulment

of the Imperial< h'dinanee in qiie-tion? As tin-

Sovereign is authori/ed hy the Constitution to

issue emergency Ordinances, in the place of law.

it is a matter of course that such Ordinances should

have effect as to the period of time they ha\.

been in existence. The refusal of npprohation hy

the Diet is consequently to be regarded nmply as

its refusal to approve the future continued enforce-

ment of the Ordinance as law. and such re!

can not reach the past. Seventhly : Can the J >i< -t

amend such an Imperial Ordinance before giving



u

According to the express

present Artil . there are only

notj.|.r.>i

. o that it haft DO

. nance.

ARTICLE IX.

The Emperor issues or causes to be issued,

the Ordinances necessary for the carrying out

of the laws, or for the maintenance of the

public peaceand

order, andfor

the promotionof the welfare of the subjects. But no Ordi-

nance shall in any way alter any of the exist-

ing laws.

The present Art id. treats of the sovereign

emperoras to :ulmim.-trative ordi-

nances. A law requires the consent of the Diet,

whilr an >niinanr<- h.-l-U good solely by decision

oft! ;eror. There are two occasions for the

issuing <>f the first is, when

required to regulate measures and details for the

carrying out <>f any particular law: the second.

when it is required to meet the necessity of main-

taining tin- puh lie peace and order and of promot-

li- W' tin- Mihjecte. All these matters

may. \\itlmut having heen passed through the



JO

regular course of legislation, form the subjects of

legal enactments having binding effect upon the

people at large by virtue of the executive power of

the Emperor. As to a binding effect upon the

people, there should not be the slightest difference

between a law and an ordinance, save that a law

can make alterations in any of the existing ordi-

nances, whereas no ordinance can alt< -r any of tin

existing laws. Incase of a conflict hetween law

and ordinance, the law will always havi tin pre-

ponderance over ordinance.

The power of issuing ordinances is in all cases

a consequence of the sovereign power of the Em-

peror. Those that received the personal decision

of the Emperor and Hi- Sign-manual are called

"Imperial Ordinances." The issuing of cabinet

or departmental ordinances is to be regarded as an

exercise of the sovereign power delegated hy the

Emperor. The wording of the present Article, to

wit."The Emperor issues or pauses to be issu<

is intended to cover the above two different in-

stances for the issuing of ordinances.

Emergency Ordinances mentioned in the piv-

ceding Article may take the place of law. IJut

the administrative ordinances mentioned in the

present Article shall take eflWt within the limits

of law, and although they can supply the defici-

ency of law, yet they -hall have no power to

either alter any law or to regulate those matters



n

for which a law i- rMmiivl hy i-xpr.-- ]-a of

Constitution* .\lininitrati\v onlinances ire

to be made use of un-l.-r ..nimary circumstances,

while the aim of emergency Ordinances is to meet

.vmhvinents if - l th"

) In v writrp. ha\v pro-

arious opinions as to the scope of onli-

l r-

: in the constitutions of France and

of Belgium, it is confined exclusively to the exe-

n of the law; and the Prussian Constit

has exactly imitut. -.1 th.-ir example. This has been

merely the result of an erroneous opinion that has

been entertained, that the executive power

Sovereign should be confined within a circle of a

y narrow limit. The so-called executive power

is not confined to the execution of the provisions

of law. Now, in private life a pre-determined

purpose alone will prompt the general direction of

an imlivi.liiaTs actions; while, in facingt

varying phases of life, it is necessary, if he is to

besavr.l from falling into error, that he exercise

hinking facult: meet the requirements of

the moment. Similarly, though the law is com-

petent to lay down general rules for guidance in

ordinarymatter-, it can not be

expectedthat it

shall point out in every case the expeditious course

to be taken in relation to every one of the multi-

fariou- forms of social activity. re the exe-

ve confined to the execution of the law. the



State would he powerle^ to dix-harire it- proper

functions in thr ca>e of :il -I' a law. Accord-

m-ly. ordinances are not only meanfl f"r executing

tin- law. but may. in order to meet requirement-

of given circum-tances, In- u-ed to jzive manif<

tinn to someoriginal

id- //.//// ; tlmsr also

wlm maintain that tin- pn-n-vation of tin- j>ublic

peace ami order i> the only object of administrative

onlinancrs. are mi-taken in defining the limits of

the executive. Ill oldell times, ill eVeiy COD-

tineiital Mate of Kumpe. the mainteiianee of the

puhlic ]>eaee W8fl regarded Bfl the hi^heM duty of a

government, and simplicity as the sole principle

of its internal administration. Put when the turn

of event- had hrouizht about a hiirh <legree of

political development, owin.i: to the a<lvancemeiit

of civilization, it was found imperatively neccs-ary

to promote the welfare and prosperity of the

people, both materially and intellectually, by

economical and educational mean-. It thus came

to be recognized, that the object of the admini-tra-

tive ordinance- is not confined to the negative

measures of police,but that their object ought also

to be to t.ike the positive measures of promotinir

the material pro.-perity of t he people by economi-

cal means and of cultivating the intellect of the

people through education. The executive, how-

ever, ought not to interfere with the liberty of

individuals guaranteed hy law. hut. on the con-



u

! ^honio!'|M

it hy en-

rouraL" !'! tin* game be plac-

i*<l within propi-r limit.-. The executive o

uph"M tin ing its act i.n within the limit*

:ly r-tahli-hro! hy law, ami >n^ht. thus, to

lai-L'r i' us within JM -per sphere*.

ARTICLE X.

The Emperor determines the organization of

the different branches of the administration,

and salaries of all civil and military officers.

and appoints and dismisses the same. Excep

tions especially provided for in the present

Constitution or in other laws, shall be in

accordance with the respective provisions

(bearing there*

Tin- Kmp'-ror in arronlano- with tin- require-

tor thr national existence, establishes tln

offices in tin .litTrrent branches of the uilinimstim-

tion, fixes the proper organization and fnn.-t

of each of them, ami exnvi-rs tin- -nvrivign

power

ofaj.j ^ men of taleut for civil

ami military posts ami f (lismis>inu' h..llfrs of

HU-II Tin- HIM in tance in .mr hi^

of th.- appointnirnt of otlicials dates back to

tin- time of the Kmpi-ror .liminu (660 1'.



24

who, upon the enmpletinM nI' IT iiiniK. ruble

deeds, created t lie office of Knnitxuko (Governor of

a Province) and thai <f Magistrate of

aDiMrie* I, The Emperor Edtoku (646-654 A..D.)

created ei^ht I>ep:irtments of State, and the

organization <>!' the Government was l.nm^lit to M

fairly perfect state. At tin- time <>i' thr lleôra-

tinn. the official org.-mi/atimi, that had heen

established by the Code of Taih..::

was ad>ji.-d

with some modifications. After the introduction

of successive changes, the Organization of the

'rimieiit Offices and the Regulation- of Salaries

have been finally e>tahlishe<l. According to this

em, the MiniMers of State are appointed ;ml

dismissed by the Emperor Himself. All other

high dignitaries of and below the rank of Ciiokunfn

are appointed upon the sanction ol the Kmperor

at the -.recommendation of a Minister of State.

There can be no appointment that does not derive

it- authority from the command of the Kmperor.

Jt k however, to be noted that the organization of

the courts of law and that of the Board of Audit,

* The Code of Toiho (Tnihn /,'//) provides for the organizations of the

different branches of tbe Government, and consists, besides, of 00]

legal enactments ; provisions being made only for essential matters. It

WM compiled by Fujiwara-no Fuhito by Imperial command, in the 1st

year of Taibd (701. A.D.) in the reign of the Emperor Moinuui.

sequently, in the reign of the Emperor Qensho, in the 2nd year ot

(718 A.D.). the same personage was commanded by ti I^D to

remodel the wording of the code. Thus modified it was called the Code

of Y6r6 (Yarn Ryo), and in that form it has been handed down to this

day, though it is still called by the original name of the Code of Taihd.

ulator'i note.)



H

shall be enacted by law instead of hy Imperial

Ordinance, ami that tin- di-mial

be consequent u; iiese

are the exceptional cases, f<r whieh <n* are

specially made in the Constitution and in tlu

When the r-tahlMii .iT< -rent offices

and the ereation of ottieial portions pertaint. tin-

prerogative of the Sovereign, the said juvn^;

is necessarily accompanied hy thej..,-

îve

ns.

.) In Crnnany. in I tinu-s

inrnt and dirini-sal f puhlic funrti<>naries

tin- will of to tin- head

of a ' In tin- 17th n-ntiiry.

'.:id l\vn that tli .-s f tlit* Imperial

ruuld nut hr .; i of

"iis unl process of law; and this

pU'd in the case of ImperialCourt Coiincill>rs {dlrirhslmfrath). In tin- I8Ui

iry. tin- opinion jadininistiM

:als had a ronfinnrd ri.-iht to thi-ir ot!i-ial

positions, and this prim-ipl.- was adopt. -d in!,, tin-

in M-vcral countrir-. It was in the U^hmingf the

piv- -iiry.that i

f

ropmn.. althoimh an oilieial

Infmned ritiht to

no such i hi< position.

and thrn-f..re that an admini-' measure IS

di>mi~ an oflirial. upon



JO

giving him his salary or a pension. This principle

was first ex preyed in the Bavarian iv.milations

as to the tenure of office (law of 1818), in which

it is provided that, to suit :idministr;itive con-

venience, an official may. without the trial of a

disciplinary court, he deprived 'f his employn

of hjs salaiy for service (diensl .uehalt) and of his

official uniform, while retaining his oHicial position

and the salary proper thereto (standes geh

The practice of Kn.uland. however, is different

fn>m what ohtains in the < Jerman states, and

excepting certain >pe<-ial classes of official-, the

reiim -till as he possessed formerly,

the prerogative of appointing or of dismissing any

civil or military official, at his pleasure.

ARTICLE XI.

The Emperor has the supreme command of

the Army and Navy.

The great Imperial Ancestor founded tlii-

Kmpire hy his divine valor, in personal command

of his army composed of several divisions known

asMononobe, Yukiyebe and

l\um,-hc.

Thenceforwardall the succeding Emperors have taken the field

in person in command of their armies, in the

N9 of emergency that have arisen in either

external or internal aiTaii>. un some oocasionfl



n

an Imperial son or grandson was H assume

tip- command of tlio army on behalf of the

The great dignitaries of state called

"mi ami .l/nr.i/i* w-nvd as generals assi>

tin- Imperial |>ereonage in e.,mmand. Tin- I

mi. nii

< ',73.086 A. I >.) m-ah-d the office of

Ciii.-f 1

'ommi ioner of tli- Mi \dminirtra-

tion. 1 Minim th<- n-i^n of tin- Kmpen.r Moimnu

\.!>.). great reform- \\viv introduced

into the military >y>t.-m. ;md a < '..mmand-r-iii-

chirf was ai|M.intrd \\ ,.

corps of tin-

[mperial anny were led into tin- iii-ld. *n each

OCCa>i'ii nf tin- ('.immandT-in-<-liirf'- taking tin-

i. the KmjM-rnr had t.i h-t.\v ujxm him a

sword of di-ripliih-. with which In- had to enforce

:

di-i-iplinr in hi- arm\ . All military autlmri-

nnand \\.-iv. rvm at that tim\ centred

in tin- han.U of the Sovereign. tin*

UMirpationuf tin-

military power lytin*

militaryrla -. thr r.-in- of government began to >lad.

the beginning of the great events that

1 ill-' Restoration by the present August

!ijn, Hi- Imp.-rial Maj.-!\ issued an

Ordinance. pr.M-laiminu that He assumed personal

military unmand f>r the -nppression of rebellion.

an-l M,.r,ij, (properly 6-omi .nJ 6-mamfi} vw* both

^r of SteU. Theiv WM not much Jiffroa.-rti.-v.i ,.,Pi ,tv ol Mob, MOM! ti.,. knMi mmb "

.

000M werv ftbolwhed in the I t rmr of the rvi*n of tlw KnpOTor kotoku

(646 A.D.). when the office of MinnU-ra of U Ufl MM! of U Rifflit

mvflntcnmtod. (/ntm/alcr'. n



28

thus manifesting that the sovereign power was

centred in Him. Since then, great reform- have

been introduced into the military system. Innume-

rable evil customs, that had been Inn- pp-vail'mir,

i't away. A General Staff Office

has been established for His ImjM-rial Majesty's

personal and ireneral dhvetinn <.f the Army and

Navy. Thus the glory bequeathed hy the Im-

perial Ancestors has again hern n-tnivd to its

former brilliancy. The present Artie 1< i- intruded

to show. that paramount authority in military

and naval affairs is combined in the M<M Kxallrd

Person;;. !Ii> -<>v<Triu n power, and that thoseaffair- are in subjection to the commands issued

by thr Kmperor.

ARTICLE XII.

The Emperor determines the organization

and peace standing of the Army and Navy.

The present Artirlr jmints out. that tin-

xati.n and the peace standing of the Army and

Navy are to be determined hy the Kmperor. It

i- ti-ue. that this power is to i d with tin-

advice of respon-iMe Ministers of State; still like

Imperial military command, it n-

belongs to th- uign power of the K

and no interference in it hy i! "iild !.



allowed. The power of determining the organiza-

timi of tin- Army ami Navy, when minutely

examined, embraces the organization of military

-ions aii'l :i-l all nmtu-r* ^ to

military <1; i -uh-l ?hi- storing

up anl li-tril.uti..n >f arm-, to tin* rlu-atim of

military and of naval m<

eipl les of salutes, to style*of uniforms, to

guards, to fortifica to naval aval

ports and to preparation- f.-r military ami naval

exp . Til* lining of the peace 0tauod-

ing includes also tin- fixing <f men

to be recruited each year.

ARTICLE XIII.

The Emperor declares war, makes peace,

and concludes treaties.

Declai roiu-lusion of peace and of

tfcfl with fcrrign countries, arc thr exclusive

rights of the Sovereign, concerning which no

-ent of the Diet is required. For, in the first

place, it is desirable that a Monarch should

manifest the unity of the sovereign power that

represents the Sta urse with foreign

powers; and in the second, in war and treaty

mattrix promptness in forming plans according

to the nature of the eri>is, is of paramount



importance. My ies " i- meant treaties of

peace ami friend-hip, of commerce and of alliance.

(NOTE.) According to the old usage of the

middle aiic- in Kurope. every Sovereign seen

IIMVO personally attended to his own diplomatic

afTair-. William I IF. of Knuland look upon

himself the functions of Foreign Seen- 1 MTV. :inl

his special talents for diplomacy were greatly

landed at the time. lint with the iznidnal deve-

lopment of constitutional principles in modern

time-, diplomatic alYair- also have been met

into the functions of responsible Minivers of

-::nd the Sovereign's rights relating to ti

subject- have come to he i-\ ivised, like all other

administrative matters, only by the advice of the

Mini-trr>. \\'hen Napoleon Bonaparte waa I-'irst.

Con.-nl of I-Yance, he addressed to the Kin.ir of

England a communication containing proposals of

e between I-'rance and I-jmland. hut on the

Briti-h >i<le it was acknowledged and answered hy

the Foreign Secretary. In the diplomatic n

'of the present day. it is a ivcogni/cd prin<-i|)lein

ry country, that a Mini-t. i of State flhould be

made the channel of communication of matters

relatingto

diplomaticaffair- and to i with

foreign jn.wers, exce]>t in cases of the Sovnvi.

p'-r-onal letters of congratulation or of condolence.

The principal ohject of tin- present Article i- to

state that the Kmpcror shall dispose of all matter.-



i.L'n intercourse, with tlio advice of

rs, hut alluwi: titerfereooe by the

t therein.

ARTICLE XIV

The Emperor declares a state of siege.

The conditions and effects of a state of siege

shall be determined by law.

A state of siege is to be de< ue of a

izn \v;ir >r <>f a liin--i i- inaaB60tiaD, for the

purpo^- uf j.lariim all nnlinarv law in abeyanceami f riitru>tin.u pin-t

f the administrative and

judicial p<\vereto nnlitary measures. Tin* present

that'

requ f îp

eflfect .linn >hall ho determinad

law. amithat, in

pur-uano-,.f tin-

pr.vUi.niw

appertain- t ho sovereign

\w\\ stress (f rin-uui-

stances. clare or to revoke a state of siege.

By "comlitioM-" is meant fcl ;iv of tht- cri-i-

when a state of siege i- to ] rod. the neoes-

sar>*

limits a- tent affected, and

m-flful fur making the declaration.

ut tin- limit of the p died

ha result of tin* d f a slate



The exercise of tin* riirlit of warfare in the field,

or of the declaration of a state of siege as tin

igency of circumstances may require, may be

entrusted to the commanding officer of the place,

who is allowed to take the actual >teps his discre-

tion dictates, and tlien to report to the Govern-

ment. This is to bo regarded as a delegation of

tin- M.vi'ivirin power of the Emperor to a General

in command of an army, in order to meet the

-s of emergencies, according to the provisions

of the law (Notification No. 36 issued in the 15th

oi Meiji 1882 A.D.).

ARTICLE XV.

The Emperor confers titles of nobility, rank,

orders and other marks of honor.

The Emperor is the fountain of honor. It

belongs to the sovereign power of the Emperor to

reward merit, to requite services, to mark dis-

tinguished conduct and praiseworthy undertak-

ings, to confer conspicuous titular distinctions, and

other marks of honor andspecial

favors. And no

subject is allowed to usurp and trifle with this

prerogative of the Emperor. In ancient times,

when our Empire was in a state of primitive

simplicity, certain distinctions existed to deno-



M

minute classes of the people into hiî, and i.,\\

means of patriarchal titles. The Emperor Suiko

(503-628 A.D.) established twelve grades of

ic, each grade marked by a special head-dress,

ami conferred them upon hi- courtiers. Thi*

system of rank was extended l>y the Emperor

Teniniu (o73-686 A.D.) to numl.rr in all forty eight

grades. Tin- Kmpcror Momini; A.D.)

abolished the usage of conferring a head-dress,

and substitute I therefor letters patent in bestow-

ing rank. Thirty grades of rank \\viv provided

for in the great Code of >) and

i- the origin of the grades of rank now

existing. Besides rank, orders of merit of t \\

grades were bestowed upon those, who had dis-

tinguished themselves in military exploits, in filial

:i l.rotherly love or in agricultural purn

die middle ages, when the actual power of

government had heeii usurped ly the military

cla*- r lost sight of that the formal

ceremony of conferring titular distinction-. -

appertained to tin Imperial Court, though all

authority connected with rewards or punishments

was then under the s\\ Tnment of the

Generalissimo (Bakut'u). Afterthe

Rest*in the 2nd \v;u of Meiji (1869 A.D.), a new

system of rank was established, with grades from

the first to the ninth. In the 8th year of Me iji

vfcb foot not* unttor Article I. (TVfiulafor'* Mir.)



(1875 A.D.), orders of dec., ration were c

In tin- 17th year of Mciji (1S84 A.P.), ftvi

uf titles of nobility were e>tahli-hed. All of ti

marks of distinction manifot tin- real motives for

tin-in, that merit and services are t<> he B0W8X

an<l puhlicly honmed.

ARTICLE XVI.

The Emperor orders amnesty, pardon, com-

mutation of punishments and rehabilitation.

Tin- State gives equal and impartial protection

to tin- rights of the subjects, in accordance with

the principles of justice and of reason, byestahlish-

ing courts of law and by appointing officers of

justice. But the law is not comprehensive or

precise enoughto meet all the varied and

compli-1 requirements of human life: and when, as

it frequently happen-, there are palliating circum-

.-tances in the case of an offender again-t the law,

it is to be apprehended that no ordinary process of

the lej^lative or of the judicature will he adequate

ipply the deficiency of the law. Consequent-

ly,it is intended that the right of pardon may be

exercised l.ytl ial beneficient power of the

Kmperor, to give relief when there is no hope of

it to be looked for from the law; so that there



n

-hall m Milij.-

ifT.-rin^ under an

Ulld-er\ed pimi.-hllirllt.

to bo granted, in a special caao,

asm <tioiial favor. ;md i- intended f.-r the

pardoning of a certain class of offence**. 'Tard

is gran ted to an individual off. -n-l.-r to release himi tlu*

IH-II;I;incun-

tfon" 'In- lessen! thr M-vn-ity f

;ltir< aln-alv j.n.n..uncr.l in thr M-iitmce."

l;. l.ahilitati the restorafinn f jmlilic

hat ha1

. <<1.

In tin- thirtrrn Articles : IV.to

: thr present Chaptrr, thus..

r> of ti 1 1 . f tlio State are enumerated,

-e sovereign jM.weis are operative in r.

lirrr:i.-n. unless restrirtnl h\- the express pn\i-

('nii-tituti.n. just as tin- li^'ht of

Miu -him> rvi-ry where, unless it is shut out

bya.

11. So these sovereign powers do not depend

nee upon thr (numeration of th-m

in successive cl In thr ( 'on>titutin i- i::

a general outline of these sovereign powers, an<l

as to the particulars torn-hint: them, only the

essential points are stated, in order to give a.

:al i.lea of what they are. The rit:ht of coin-

ing money, f.iple. and that of fixing of

Jit- ami nieaMin-. an- not enumerated: still

the very absence of any mention of them shows.



that they are included in the sovereign powers of

the Emperor.

ARTICLE XVII.

ARegency

shall be instituted in

conformitywith the provisions of the Imperial House

Law.

The Regent shall exercise the powers

appertaining to the Emperor in His name.

A Regent .shall exercise the sovereign powers of

jthe Emperor. Excepting as to title, he is in

every respect like the Emperor, and has to carry

on the government in tin- name of the Emperor,

jancHs not hekPresponsiblFTherefor! Tin- <nly

restriction upon his power is that mentioned

in Article LXXV. of thepresent

Constitution.' '

In the name of the Emperor" m rains in tfaft

j)facc of the Emperor :^ that, is, $ Regent issues his

orders in the place of the Emperor.

The institution of a Regent is fixed by the Im-

perial House Law; but as the exercise of the

sovereign powers by a Regent is connected with

the Constitution, the provisions relating to the

said exercise of sovereign power- are mentioned in

the Constitution, wink* thuM.- relating to the insti-

tution of a Regent are con t,i in e<l in the Imperial



ise Lau vhether it U or is not

,-ahle t. ii. ;i Regent u:iy par

lar o ''08, shall be decided ly tin-Ini|)erial

family. and tin- matt.-r lio in a n-.nion that admiU

of no interference of the subject- extra-

ordinary cases, in which incapable

of personally taking the rein- of pouvr. are of

very rare occurrence; still those rare cases not

infrequently give rise to national commotions*

In the Con M of a certain country, it i- pro-

vided that both Houses of Parliament shall be

1 aii'l asked to vote upon the necessity of

instituting a Regent. i.-h a practice is opento the ohjrction that, a- the decJMoii of a in;;

of great importance to the Imperial family i- thus

delegated to the will of tin* majority of tin* p<-,

:o would he a t-nlrncy tt> hring about degrada-

Imp.'rial 1 ; the purpose

of rcspcctiiiLT tin- charac!.-r of th- national polity of

tin -country and of guarding against the op.-ning

Mich a tendency, that the !i-p

touching the invitation of a regen !itioned

in the present have lnfii left to tin* L

min ial l!'use Law. and that

furtherprovision

is made in thepr--rir

;tu-

tion on the SK



CIIAITI-I; II.

RIGHTS AND DUTIES OF SUBJECTS.

In Chapter II. are -et forth. as a lit sequence to

chapter I., the rights and duties of subjects. The

cêntial feature of tin- policy <,f the Imperial

Ancestors WAS, that they loved and cherished

their -uhjects. wh<> were accordingly called "the

great treasure." The following e:xpression- \\eiv

; hy a /\V/<//.s///-' \-istant Chief < f Police)

at the time that a pardon was issued: "You

milst helicefortll hecoine the irreat treasure of the

hind, and nuiM make ready to pay your taxes and

}>*\ythem"

(Kfike-Shidafy It has been the

ru.-tom of our successive Kmperors to assemble, on

the day of their coronation, tin ir relatives and the

people of the country, and to address them in this

Wise:"

Imperial Princes, Princes, Ministers,Our different functionaries and the public treasure

of the country here aemhled, do you listen to

Our words"

The word hmu'n (the people),

which i> frequently used by our hi-toriuns, is

nothing more than the translation of the expres-

sion o-juit .//,-' //-a (public trea-nre). On the oth< i

liaixL it is to be noticed that there have been

instances of the people calling themselves the

Emperor's treasures, as may be seen from the

following poem, composed by Ama-no-Innkai-no-



'

ill tin'

A.I thr nimiiiuiid of tin- i -r tln-n

reigning: Happy are we i

bftvt :l " amplr n Tn!n|enoe for ur earthly

06,in 1 .ii an p-h HI full

It will tlm- le observ-

ihat. mi th- niir hand, thr Kmprrnr-i

madr it thrirrare to show l\v and affoctini.

thr pr.-j .itini: thrni a- OSUres nf

TV : \\liil.-. OD ill'' OttM r,thr proplr 1:

1 tn thf ^- :i. ami li..

>ilrn-l tlirin-rl\r> a> happy ami hlr-- h is

in -hnrt what apju-ar- fr< ;ly of an<

and of the emUnDB d tha laml; ami it

same B*'unv that thr thiMiry nf thr

,iid dm il-jocts, as mei. in the

r. is to bo traced. Under the inili-

jiinr nf thr middle ages, warriors and the

commonpmpK-

wm-plarrl

in ditTrrriit rlaaeet.

r inniinpnli/Ml the exercise :

pul.lir riirht. whilr thr 1: re not only rxrlml-

frnin tt nf thrsr. l>ut were also

ailrd in tlir full rnjnyim-nt nf thrir civil rights.

v-h.n "puhlir treasure"

thus lost its

meaning and MICI -inn tlrn-if hus ceased to

be B the Restoratinn. the

privilrLi-> nf thr militaiy ( lass have been abolished

\>y ..ml all .1 juinese subjects,

:miit discrimination among them, can now



40

enjoy their rights an<l discharge their <luti<-.

The jn -visions of th> present Chapter are intuit

for the purpose of cherishing and of broadening the

heaut iful results of the Restoration as well as of

bearing witness thereto to all eternity.

ARTICLE XVIII.

The Conditions necessary for being a Japa-

nese subject shall be determined by law.

The expression

"

Japanese subject" is hereused to distinguish a Japanese from a foreign sub-

ject or citixen. Every Japanese subject shall be

entitled to possess public ae well aa eivil legal

rights. It is consequently necessary to settle bylaw the conditions for being a Japanese subject.

There are twoways by

which an individual can

panese subject: one is by hirth, the other

by naturalization or by other effect of law.

The status of subject shall he settled by a special

law. But care has been taken to state this fact in

the Constitution, because the status of subject or

citixen is necessary for the enjoyment of civil

rights in whole and of public rights. It will be

seen that the provisions of the said special law axe

framed on the authority of the Constitution, and

that such provisions are essentially n-lai.-d t<> the



1 1

iti :ii:l duties of subjects at mentioned in the

Constitution.

-hto are tii.- riL'lit of electing, that of

1-eing elected, that of U-ing appoint. '1 to office,

anl BO forth. In exvry o.nntry. it i- the common

rule t.f puhlir law. that j.uMir righto shall be deter-

minr.l )>y the eonstitntinii or by special law, andthat they shall he enjoyed solely I.y -ubjectft

or citizens, to the exclusion of al i

regards the enjoymrat of civil righto, the custom

of making a rigid< tiro between native sub-

S is now-a-day a history.

At juvsi'iit there is a tendency in almost e\

enable aliens to enjoy, with one or two

exceptions, civil righto equally with natives.

ARTICLE XIX.

Japanese subjects may, according to qualifi-

cations determined in laws or ordinances, be

appointed to civil or military or any other

public offices equally.

At the present time, appointment to a civil or

military post or to any oth< r juiMic function, is

not regulated by consideration of family. This

must be regarded as one of the splendid results

of the Restoration. In former times, men were

classified according to hirth. and each office



I-J

ngod to n particular house; and cadi public

employment was hereditary in :i particular family.

Consequently mrii nf inferior birth. 1.

talented tl: been, were absolutely

excluded frmn hiirh po-itii.ns in public oil ices.

P.ut -ince tin* Kesto ration, such baleful prac'

have been -w.-]t away, and the f<>nn-r cii-i..ni of

izivin.u weight to family status, lias also l.rcii done

away with. The Constitution now guarantees by

the piv-rnt Article, that neither order of nohility

nor degree of rank shall any longer be allowed to

militate against the etmality of all men in

to appointment to office. Still the proper qualifi-

cation- e>tahlishrd hy law or ordinance, such, for

example, as proper age, payment of taxes, tin-

passing of examinations, shall he the required

conditions for appointment to an office or to any

post of public trust.

A- it is stated that

"

Japanese subjects may be"intcd to civil or military or any other public

offices equally,"

it follows that this riidit is not

extended to aliens, unless by provisions of a

special enactment.

ARTICLEXX.

Japanese subjects are amenable to service

in the Army or Navy, according to the provi-

sions of law.



H

.f the * that

make up tin* .lapam-e Umpire. Tliey are to pro-

tect istenoe, tin- independence :in<i tin* n\-

of tin- country. l-Y.'iu time immemorial, the

peopltof tlii- land have alway^ held that, to make

sacrifice of home ami life ami l li^ht for one's

(..uutry. \\: -1r.-.ju .,th

ahnirahlr ami manly. Tin- -pint .f loyalty, like

-ntimrnt of hom.r. \\:\< come lo\vn t. u- from

KDOeetol i i:rahially taking a firm holl

i the In-art- ami min-i 11. thi- -pirit has

become the i:- -ic of the nat.

Tlie Kmperor Sli.-mui

7'J I

748 A.D.) OD06 said:

Li *>tomo-Saiki !cune was wont to say,

having been

he of their Kmp. ^H! to slog

this >mi^:

I")oes my N\ 1 me o\sea,

I

orpse;lead in "iif mountain-.

Let the grass cover my ivm:t

Where'er I go. I ~!i ill 1>\ my lord's side expire;

m>t in peace and ease that I shall d

Such is \vh.. M of your ancestors."

The-e reneS haVe I.cell MlIlLT I

>'oil!" - M i.TV ill

every age, :ml hav.- pro\ powerful intluence

in developing loyal ami martial feeling. Since

the of Taih (701-703 \ I

1

'

been organi/-.l. an<l young peo|>l- ajiahl-



44

bearing am - have heen called upon to eiili.M. In

the tinir ol the i or Jito (687-696 A.D.),

one-fourth of the young men arriving at majority

were enli-ted. Thi> is the origin of the, system of

-rription in thi< country. Subsequent ly. the

aumjtion of the pOW6I of the State hy military

familie-. l.-d to the isolation of the military from

&6 farming da88, and, all military a flairs having

been monopnli/ed hy the one class, the old

conscription system wag for a Ion- while in a state

\tinrtion. After the Kestoration, the military

daSfi \vji- relieved of their duties in the 1th year of

Meiji (1871), andin the

following year,tin-

conscription law based upon the old system just

alluded to. was promulgated. Under the new

in. every male subject throughout the land

on ivaehing his twentieth year is entered upon the

army and navy rolls, though the number actually

called

uponto serve each

yearis determined

hythe organization of the standing army and navy.

Those between their seventeenth and fortieth*

year of age are all enlisted into the militia, and

an- liahle to he at any time called out, upon the

breaking forth of war. Such is an outline of the

existing conscript ion law as it is now carried out.

The object of thej>iv.-ent Article is, that every

male adult in the whole country shall be com-

Increased to forty-first by the Imperial Ordinance of the 39th yearof Meiji (1905). Tranilator'$ note.



45

pelleii, without li.-tinrti..n of class or famil

fultil. in iooordanoe witli provUons of law, hi*

y of serving in the army; that he may be

inrit.-.i to vdot irhik bil '"<"ly mnlei-goes physical

:iin^; an.l this way tin- mar

die country shall :itain-<i ;ml Moored from

decl

ARTICLE XXI.

Japanese subjects are amenable to the duty

of paying taxes, according to the provisions of

law.

The payment of taxes, like military service, is

one of the duties of subjects, as it meets one of

the necessities for the common existence of the

ion.

In anciuit times, taxes were called chikara

(strength), because they represent the strength of

the people. For to M.T. the word ou was used,

meaning "to make the people bear the burd<

As our Emperors have both reigned over and

governed the coui ace the time of the first

Imperial Ancestor, and as they have always

looked to xes of the whole country for

supplies for defraying national expenditures, taxa-

has a long history in this Kmpiiv. In the

reign of the Emperor Kotoku (645-654 A.D.),

the system of a triple mode of collecting taxes



M

inaugurated; taxes were payable in grain, in

products (otlie than grain) or in textures. Since

the Restoration the old system of land tax lias

been remodelled. These were the two great

reforms in taxation. As to tin particular

these two reforms, no allusion is here made, as

they are minutely described in historical records.

A tax is the contrihutive share of each suhject in

the puhlic expenditures of the State. It is

neither benevolence paid in response to exaction,

nor a remuneration for certain favors which

have been received upon a mutual understanding.

(NoTK.) French writers have di-cussed the

principles of taxation in the light of their one-

sided views. M. -Miraheau says in an address to

the French people exhorting them to contribute

towards the national funds:- "Tax is the price

paid for benefits received; it is an advance of

money to obtain the protection of the social

order." M. Emile de Girardin says: "T

are a premium of insurance paid by all the

members of a community called a nation, having

for effect the assuring of the enjoyment of their

rights, and the efficient protection of their inter-

ests." Doctrines like these have their source in

democratic principles, and according to them,

taxation is a sort of exchange of services by the

government for duties by the people. Such

doctrines are very ingenious; still they an



seriously erroneous, as taxes are for the put >1 it-

expenses of the State, and it is the duty in

common for the members of it to pay them.

Subjects, therefore, are to pay taxes not only

needs of the existing government, hut

also on account lie debts contracted

"8 past. They are bound to contrihut.* t

taxes, not only when benefits are received in

return, hut also even when none are so received.

That expenses shall be curtailed to a minim-

um and that taxes shall be as light as possible,

ought to be the principal care of a government.

Such is also the aim of the constitutional

principle, that puts the finances under tin-

control of Parliament and makes taxation subject

to the vote of the same. When the duty of

paying taxes is made a business question of

exchange of services between the government

and the people, making the consent or therefusal to pay them dependent upon the amount

of benefits received, individuals may de<

to pay them according to their own private

calculations. The result would be impossibility

to preserve the existence of the State. M-i-rii

scholarshave, however, put

forthexhau>

arguments to refute the false theory above

mentioned, and taxation has at last found a

true definition. A brief summary of the opinions

of the new school is here introduced. Taxes are



levied for the maintenance of the State, and

are not a price paid in return for

rendered by the ^.vnimrnt; for taxes do imt

exist upon a basis of contract bet uvm the

government and the people. (M. Fan-tin II<:

lie

of France.) The State has the right to impose

taxes, and the subjects have the duty of payingthem. The legal ground of taxation lies in

the pure duty of the subjects. They, beinir

one of the constituent elements of the State,

ought to pay taxes, in order that the expendi-

tures necessitated by the nature and object

of the State, may be met. The nation as a bodyought to supply the funds required for tin-

discharge of its own functions. For individuals,

being the elements of the nation, ought each

one to pay taxes. That mode of defining

taxation is, therefore, erroneous, which considers

the nation and individualsubjects

asapart

from

the State, and which regards taxes as remunera-

tion paid in return for the protection of property.

(Herr Stahl of Germany.) These opinions have

been here produced by way of reference.

ARTICLE XXII.

Japanese subjects shall have the liberty of

abode and of changing the same within the

limits of law.



o present e guarantees the liberty of

abode an-1 ? changing the same. In feudal

s dans were separated from each other hy

lines of frontiers, surround.-d -.. rnselves

witli harri.-r-, and forbade the inhabitants to fix

- ont-idr th, l.M'ulity when- r

\\viv n-Lii-t. -iv. i, t< remove the MOM ot totnvtl

iout permission, thus rt- ..: tln*ir locomo-

1 traflickiim-. and iv. luring them, as it

were, to tin- Irvrl of plants. Aft<T the Kestora-

tinn. with the abolition of all the <liftVivnt rians,

iln ity of fixing or of changing one's abode

has been recogni/ i < \< r\ Japanese sul

is now free to fix hi- n-.-idence either permanently

or temponuily. to hire duelling places, or to

engage in business, at any place within

boundaries of t : itoryofthr Kmpiiv. That it

is provided in the Constitution that thi< lit

be restricted by law alone, and that it shall be

beyond th< reach of administrative measures,

shows how highly the said liherty is estimated.

In this and in succeeding Articles, assurance is

given for individual liherty and the security of

the property of subjects. The liberty guaranteed

by law is the right of subjects, and is, so to speak,

the source of the development of their life and

intelligence. People enjoying liberty are usually

good, enlightened is, capable of contributing

to the prosperity of the State. In eveiy constitu-



60

tional ct .un try, the individual liberty of the people

and the security of their property ;

rights of great importance, and din- ;i -MI ranees are

given for their security. lint liherty exists solely

in a cominnnity in which order prevails. Now

the law gives, on the one hand, protection to

individual liherty. while, on the ..ther, it defines

the limits of restraints upon it, required l'r main-

taining the powers of the State;and thu- the

law establishes a proper harmony between the

two. Within the limits allowed by law, every

individual will liave ample scope in the enjoy-

ment of his liberty. Such is the liberty, for which

guarantee is given in the Constitution.

ARTICLE XXIII.

No Japanese subject shall be arrested, de-

tained, tried or punished, unless according to

law.

The present Article gives a guarantee for the

security of personal liberty. Arrest, confinement

and trial can be carried out only under the cases

mentionedin

the law, and according to the rulesmentioned therein; and no ill-conduct whatever

can be punished but in accordance with the ex-

press provisions of law. Tims, and thus alone,

the securiy of personal liherty be maintained.



re is a close 001 u between personal

n'l measures of police and -f criminal

proeedmv; and indeed th.- OOnnMtion .- 10

clow;, that there is scarcely a hair's hr.

dirt", speak, between them. In a

constitutional it i> of

the greatest importance, that tin- liU-rty of

individuals be respected and that tin* cnjoyi

of ii frmii tin- int. ( of power, wL

at ilir same tim< . i>eace and tranquil ity must be

inaintaiiic.l. rrimr anl vicr nui-t !. Mispressed,

anl the promptness ami m-tainty nf the measurse

11

W making sear- :<! f<r cn<: trial

Accordingly any pnli.-,- m- prison

ial. aiTi'stini: r imp: g any mir. or trea-

him har>hly. nthTwi-.- than in accordance

with law, is liahh- t h<-a\ i.-r punishment for 8O

.ur

, than wmil.l 1.,- a private imlividual. (Cri-

minal Code, ,\1

280.) As to the

process <f trial, no case shall he brought before a

police official, hut hrfniv -"inr judicial autlm:

ill al> hr juTinittrd. and trials shall be

ted openly. Any judicial or police autho-

rity, that resort* to violence in order to extort

confession of crime from an accused, shall be

liahle to specially seven- punishment. (Criminal

Code, Art. 282.) Pnni>hi. -hat are maccordance with the express provisions of the law,

I have no effect. (Code of Criminal Proce<l



52

Art. 410; Criminal Code, Art, _!.) Such is the

extreme thoroughness of care taken for the pro

of subjects. Tort u iv ;ind other methods

resorted to in trials in tin- middle ages, are already

things of the past, and will never l>c resuscitated.

The present Article insures against the revival of

such obsolete usages, and plae,- i>.TMnal lihrrty

on a safe and stahle basis.

ARTICLE. XXIV.

No Japanese subject shall be deprived of

his right of being tried by the judges determined

by law.

The present Article is also a necessary provision

for the protection of individual rights. The

judges established by law shall deal impartially

between litigating parties, free from the restraints

of power; and every subject, however helpless and

poor he may be, shall be ahle to contend in a

court of la\v with the hkrh and mighty, and giving

his version of the case, defend against prosecut i 1 1 u

officials. The Constitution, therefore, does not

suffer encroachment upon the judicial power nor

denial of the rights of individuals, by the establi-h-

raentof any extraordinary tribunal or commission,



M

other tl the c,,mjM-tent c,,urt fijed by law.

I ndi \idual ^ will in thi* way be safe in ;

ing tin ir i

ujM.ii tin- ind-|M-nd.-:.'. .. :rtof

.ml in regard in^ th.-ni. as it \vt-n-. th.-ir

father- in pOB8688i<>n >f the c,,ntr,,l ..fj

ARTICLE XXV.

Except in the cases provided for in the law,

the house of no Japanese subject shall be en-

tered or searched without his consent.

In the present Article, the

dwellings is gn:ir.mt. -.-.!. A iiouse is a pla<

which Mihjects reside in security, ami n,.t only are

tfl f<>rhi.i.l.-n to !!! -r the abodes of

oth.-r prople, witlmut 1 1 n- t. Misent of its occupants,

lut al- pnliiv. jinlii-ial r N

who in con with fith- :i T a criminal

Case ! with an alinini-trat i\ measure. >!iall

enter the house of a pri- iividual r make a

search the: :imvis<.> than in cases specified

by law and in accordance with the ions

contain in. will be regarded ly the ('<n>titu-

as guilty of an illegal act. and.-hall he

liable

to be dealt with according to the Criminal Code.

iininal Code, Aits, 171 and 172.)



54

ARTICLE XXVI.

Except in the cases mentioned in the law,

the secrecy of the letters of every Japanese

subject shall remain inviolate.

The -ecrecy <>f letters is one of the heiielits con-

ferred by modern ci\ ili/ation. In the present Ar-

ticle, it is accordingly guaranteed, that violation of

the secrecy of letters either hy opening orl.y

destroying them, will not be tolerated, except in

matters of criminal investigation or in times of war

or of emergency, or in cases specified by express

provisions of law.

ARTICLE XXVII.

The right of property of every Japanese sub-

ject shall remaininviolate.

Measures necessary to be taken for the public

benefit shall be provided for by law.

In the present Article, assurance is given of the

security of the right of property. The right of

property is under the powers of the State. It

ought, therefore, to be subordinate to the latter,

and be subject to the restriction of the law. It

is indeed inviolable, but is not unrestricted.

For instance, certain kinds of buildings are



II

prohil.it. -.1 within a certain distance of the bo-

undary line e i H i re ling a castle or a fortification, and

amity if doe for suofa prohihiti..n; mineral*

in the rurth an- under tin e,.ntii ..f tin- mining

forests are managed by regulations framed

in areordaner witlit! nts of dendrolo-

d economy; tin- planting of trees within

a certain -listance from a railway line is

pr.-i,ii.;!.-'l;an<l wells are not t<> hu dug within a

tanee from a . v. These are

illu>trati(n- of the restrictions that are put upon

tin- ri^lit ierty; and tln-y will l>c sufficient

to show, that tin- j

: iinlivMiulg, like

persons, is under an obligation of <).

to the powers of tin- Stat.-. The Hirht of proj-

is on- that fall- within the domain of private law,

and is not in eontlirt witli the >upreme right of

governing the country, whirh hdongs to the

-pln-iv of pnl'li<- law.

lainl maintain. ! in i on International

Law, that a Sovereign possesses the supreme right

of property in tin- land under his rule. Recent

writers on the law of nation* follow this prim-:;

only the expression ">npivme riirht of

property" hythe term

"t.-rritorial

>o\vivii:nt;.

It appears from historical records that, in remote

antiquity, there were instances of private indivi-

duals voluntai :iug tlieir land to the (i

i: of the domains of private individuals



M

being confiscated by the Government; of private

individuals selling their land and claiming for its

price. In the 2nd year of Taikwa (<'.ir> A.D.),

in the reign of the Kniperor Kotoku, the

tend* IK v to MII undue accumulation of lands by

one owner was check* <! by the suppression of

/.v (hind MttMehed to puhlie irranarie.-O Mini

tadokoro (large doniMins in private ownership),

and lands were parcelled out among, the j.mj.le

according to the numher of members of each

family, in imitation of the system wh id \ j>iwailed

in China during the regime of the Zui (Sui) and

To (Tang) dynasties. But later on. the haleful

system of manors and of domains pr- vailed more

than ever. This state of things favored the

growth of feudalism. In the times of the Toku-

irawa Government, the agricultural population

was in most cases reduced to a state of tenantry of

the feudal lords. After the Restoration in theli'tli month of the 1st year of Meiji (1868), a pro-

clMinatioii WMS issued, hy which the land in each

village was declared to be in the ownership of the

farmers. In the 4th year (1871) all the clans

voluntarily offered to return their domains to the

Emperor,and thus the ancient

systemof feudal

domains was at last completely abolished. In the

2nd month of the 5th year (1872), the prohihition

upon the buying and selling of land was removed,

and title-deeds for lands were issued. In the 3rd



57

ith ..f tin r.th year (1873) a i\ as to

tin- cla&siti -f lands wa- ulgated bywhirh thr land was divi-i

11

piihlie land.-"ami

"private land- ". hut in the

7th year (1874 iv.-ion"

privat.- lah

was eh prnpl,-'- land"(miii-yft-c/ii).

In thr Nh year(1875), the names if tin- owners

of lain! \\viv in-orihed upon the* title-deeds of

land--. \Jn the formula nf tin-'

<ls. it was

1 that r\vry one in tin- Jap. who

own- land, ou^ht to ha\v a titl.-diH'd for the same

>iin: tin- >ail formula.) In Kur..p-. this

It was ohtaiiird in some cases hy thr oi

:nidal lords at

:' the bayonet, while in some cases the

of truant- to the land was redeemed for vast

Boms of money, In this country, the restoration

of the land to the uniform administration and its

sub.- U-towal upon the people have been1 hy i: ry abnega-

tii.n of thr dilTrn-nt dans. Nothing like it has

d in any country within hi-torir times,

and it is a glorious monument to the new Govern-

ment of the Restoration.

\\hrn it is necessitated

by public benefit, pri-iividuals may be compelled noUtu toUns to

part with their property, in order that the require-

itsof a given case may be met. This pi

sion is based upon the right of sovereignty the



58

right of reigning ov< r and governing the country,

though the determination of the regulations con-

ling the matter in question i- drlrâtrd t<> the

sphere of law. With regard to a inea>uivl.y

which private ]rjM-rty is sacrii iced for the puhlic

benefit, the condition is. that a reasonable indem-

nity >hall he paid for the property taken. As to

restrictions upon the right of property, the Consti-

tution abundantly testifies that they nm-t always

be fixed by law. and that they are beyond tin-

control of ordinances.

ARTICLE XXVIII.

Japanese__subjects shall, within limits not

prejudicial to peace and order, and not an-

tagonisticto their duties as subjects, enjoy

freedom of religious belief.V.

In Western Kurope, during the middle ages,

when religion exercised an ascendant influence, it

mixed up with politics, internal as well as

rnal, and wa- \ ry often the cause of blood-

shed; while in the countries of the East, strict

laws and severepenalties

wereprovided

in order

to suppress religion. But the doctrine of freedom

of religious belief, which dates back four centuries,

first received practical recognition at the time of

the French Revolution and of the independence of



the United States of A puhlic d

ri was i D the Mihjcct. Since thm. the

rine ha* L'radually won approval everywhere,

until at present every country, although maintain-

.1 state religion, and in other*

:mu' a particular civ,-, 1 in th- .râni/ation of

its society or in the system of it> puMic oducati

rtheless grants to its people l-y law eir

freedom of religious belief. Tin- rru< 1 treat!.

of tln>r of a lirtToilo.\ faith or till- f\-luMoIl Of

th.-in from the enjoyment of certain portions of

Ik ami ri\il ri.uht-. are already historical facts

of the past, and now-u-days it is very seldom, if

. that -u. -h ah.Mirditi.- an- Ir-'iuii* to our

nntiee. (In th- ' u states, political rights

denied to the Jc\v> up to the y.-ar 1

"lx

.

short, freedom of religious b* --garded

as one of t: lM-autiful fruits of modern civili-

/ati- veral o-nturies, freedom of con-science and the progress of truth, hoth of them of

the > to man, have struggled

through dark and th .ths. until th-

at last come out into the radiance of open day.

Freedom of Co: the inner part of

manand lies

beyondtin-

-phere of interference bythe laws of the State. To force upon a nati-

particular form of helief hy the estahli>hment of a

state religion i injurious t itural intel-

lectual development of the people, and is prejudical



60

to tlu' progress of science by free competition.

Nocountiy. therefore, possesses by reason of its

political authority, tlu right or the capacity to an

oppressiv, measure touching abstract questions of

religious faith. By the present Article, a great

patli of progress has been opened up for the in-

dividual rights of conscience, consistent with the

direction in which the ( lovmmient has steered its

course since the Restoration.

and conviction are operations of the

mind. As to forms of worship, to religious dis-

courses, to the mode of propagating a religion and

to the formation of religious association- and

meetings, some general legal or police restrictions

must be observed for the maintenance of public

peace and order. No believer in this or that

religion has the right to place himself outside the

of the law of the Kmpire, on the ground of

hisserving

hisgod and to free himself from

his

duties t. the State, which, as a subject, he is

bound to discharge. Thus, although freedom of

religious belief is complete and is exempt from all

restriction-, so long as manifestations of it are con-

fined to the mind; yet with regard to external

matters such as forms of

worshipand the mode of

propagandism, certain necessary restrictions of

law or regulations must be provided for, and be-

sides, the general duties of subjects must be

observed. This is what the Constitution



61

decrees, anl it -hows tin- r- in \\

political anl r.-lL'i"- 1 towani each

ARTICLE XXIX.

Japanese subjects shall, within the limits of

njoy the liberty of speech, writing, publi-

cation, public meetings and associations.

tea, writings. puhl

thfl im-ilia. through whichin< '!- tln-ir inllin-hf- in political .r social

68. Ill i \vry_ r< full

fl\M;lulii ii xr;llltr 'l > n :l^ "f tli-

|:irti-iilar-. in -

tin-in I

"

coiB^"

LjTHstdon oTflrliiiu ui uf digturbanco >

tranûility

: amijj

i->

hnprl

tlial in thi-

way

iiil.-r-

-'

JTlfltfir"10 mn

yfKlla KA

Mippiiî frr ti.

C

MYn^w'^ rtn* vf ?ivilirntinn I

1

-.' as every one

-H3 edgi- can easily i>* misused, it is

ressan- for tin- maintrnano- f puMio onlrr. to

puni-ii ly law ami t iolice measures

l.y law. any infnn-nn.-nt l.y use

tiu-ivof ujM.n tin- liuitr or tin- riirhte of any in-

divi.lnal. any i|iMurlai.- the peace of the

try, or any in>ti^. riinr. These



Bfl

restrictions must, however, be determined by law,

and lie beyond tin- sphere <.f on li nances.

ARTICLE XXX.

Japanese subjects may present petitions, byobserving the proper forms of respect, and by

complying with the rules specially provided for

the same.

Thr rirht of petition is granted to the people

out of theEmperor's

mostgracious

ami henevo-

lent consideration, so that an avenue may In-

opened to His subjects, by which they may be

able to make their wishes known. In tin- reign

of the Emperor Kotoku (645-654 A.D.) a bell

and a box were hung out, through which thr

peoplemight

make their representations and com-

plaints. After the middle ages, the successive

Emperors were wont to listen to the representa-

tions of the people that were read to them in their

Court, and to deliver their decisions thereupon,

with the advice of their Ministers and Advisers

of State (Na-gon). (This usage has been abolished

since the time of the Emperor Saga, 810-823 A.I >.

Gu-kan-sho.} It is found in history that every

monarch of olden times strove to -jive redress to

the grievances of the people, by supplying them



with the means of making thrir \vihes known.In tin ages wln-n there was n Parliament

DOT well regal cess of trial, that the Sovo-

th- |M-M|,I, V ami thus

ir.l a rhannrl through whirh thrir cmniition

i:ulr known to him. wa- n,. only an

attestation t.. l

\n-tu. -. hut was also anecessary {M.I

it asure, that in this way the

-of thr iniiltitiioV >honl.l I..- li- . ,\ ,

rrj, and

that thr interest of all >hotil<l ! promoted.

At prr.- ;r (M.litiral marl, in. TV is. in all its

detail- in u 1 T'1T. ami an in-titution is shortly

>eestahli-li'-'l

fr |ulh-<l<-lihrrati<>n.

Still.

i.lr -hall ha\i- th- ri^ht .f jM-tition. and

Dmplaint of the POOT and f the aged,

-...I t.. tli.- Thr.. !i-. without 1.

Inn-; a- it i> thr ultimate nl.jrrt of thr <

Mitutinn t >rrure resptn-tfor th- ri- thr

peoplr.

whilr tnnlrr ..inir tin-in, ami care

is Ui MM- that no Mil,- i- rxrludrd fnni the

ny of these b Tiii- inay be

regarded as thr h.-i-hi of )nlitiral morality.

;t prtitionrrs mu>l nh^-rvi- pr- rms of

respect,i

1

y nm>t not abuse the right granted

i hy the Constitute.! -respect to

i>erory or engage in calumniously exposing

the secrets of oth.-rp,-.,jiie. Such conduct is

ivrly f'.ii.i. -nnii-.l hy the rules of moral

'essan*, tlu-rrfrr. t-- projier restrio-



ti us thereon by law or ordinance, or hv rules of

tin- Ileuses of the Diet.

The right of petition at first related only to re-

presentations addressed to the Sov< hm it-

.-phere has been gradually extended tn tho-e made

i" Parliament and to < iovernnient offices. Ho

legal n-triction i< made a> to whether a petition

conccn> individual or puMir iir

ARTICLE XXXI.

The provisions contained in the present

Chapter shall not affect the exercise of the

powers appertaining to the Emperor, in times

of war or in cases of a national emergency.

All the provisions contained in tin- present

uiv<- constitutional iruarantecs !'<>r the

'i

the sultject.Jt is a

princij.! vryconstitution that the duty of ohedience to law is

not confined to the Mihjec: alone, hut that the

powerof the State in authority over him. shall.

in tin- exercise of their away, likewise come under

the n-trictions of the law. In thi- way alone,

cansuhjects

be sure of their rights andproperty.

and be free from the molestations of oppreae

and of illegalities. Such i.- the essential feature of

the present Chapter. But the Constitution has

not neglected to ma' ptional provisio:



meet p-.m f exceptional contingencies.

iiemhered that tli.- ultimate* aim

it 4 existence

dr:t)>t

-on,.- tiniQg COmp<

-hipwp-ek ami .f HN

th.- i;\.-- ..i th.-irpas*ent!< throw ord

i the -hip: while skilful generals do'

in* >in -.: utico a

nf their army in order to avoid a total defeat

heir fore.-. In likt manner, in times of

_:er. the Stat.- will have to sacrifice without

h>it;itini part of thr law and of tin- ri^ht- :'

Mihj- iiltiinate aim. if it

H that Mi.-h a roiir-.- i- tin- only available

v which it can save itself and its people

and secure 06. Thi- i- not only a ri^ht

be Sovereign, hut also h; -t dut;.

the-

-<r-is thi- fiiierp-ncy jower. it

.1.1 he impotent to .li-charm- it- function.* at

the tit

Thi> jn-inciple r.^^ly declared in the con-

Mitutions .utries. while in those of

.theless the

.whereacknowl.-dp.d.

I'.-r. it is an

undi-puted fact that rountry carries out

-UP- i. meet verities arising

in times of war. Ity the ( 'onstitution of no

it allowahlc. when it i- difficult to say



whether an occasion is an emergent or only an

ordinary one. to trample upon the rkliN of the

MlhjecN nil the excise nf till- ( '1 1 HT-rl ICY pOW6T,

when tlir necessity of tin- moment does imt call

for such measures. Kxprcss |mvisinns have been

pade ooncetning the emergency power. an<l men-

tion has also been made of the condition- I'm- the

exercise of it. for it has been thought undesir-

able that the Const it ut inn should be left defective

as to the requirements nf a time of emergency.

In a certain country, on the nther hand, no men-

tion is made of this power. There, emergency

measures are put heyond the sphere of the con-stitution and the legalization of such measures is

left to the vnte of Parliament. Modern writers

on public law praise the former method as heim:

the more perfect.

ARTICLE XXXII.

Each and every one of the provisions con-

tained in the preceding Articles of the present

Chapter, that are not in conflict with the laws

or the rules and discipline of the Army and

Navy, shall apply to the officers and men of

the Army and of the Navy.

The H>ldiery must observe military laws and

.mauds while under the banner. Obedience is



th. u <>f tho provisions

of tin- pi' income

- conflict with military l:i\\

-hall not | M .

applicable to thoM? in tin- military and

1 i \amph-. those O( till-in that

are in :u-ti\v MT\ icr an- |inihihit(-i| : -cutting

ritl:- military r naval system tical

matter-. f..nmiiu thnn-.-lvr- int., av- .^ or

tin* purpn-. an* tliry allowed

freedom of j.uhlir discussion. <f writings of jm-

iitii-al mat:



68

CHA1TKR III.

THE IMPERIAL DIET.

In Chapter III. are mentioiird the essential

features of the constitution and riuliN of the

Jjperifcl~X>JaL_J^-talces_ârt in legislation, hut

lO_sharc in the sovereign iower: it has

to^deliberate upon law>. hut none to determine

The right of consent of the Imperial !

has to beêlnnrT5ed~witHiir the limits allowed hy

the provisions_pf the Constitution, and is hy no

jieajisjnxjiiUmiited-^ne.

That the l>i-t has its part in legislation i> the

reason why, in a constitutional government, it is

an essential part of the political machinery. t

as it> part in leia-lalnm. hut in-

iirectly it has also thu responsibility of keepi:

SUpervisigii >v-r the administration. Accordingly

in our Constitution and in the Law of the Houses,the following right.- are reco^ni/ed : //>>/. the riirht

to receive petitionsêcgad^, the right to address

the Emperor and to make representations to Him:

Jju*#y7~the right to put question- to the Govern-

ment and demand explanation^: and /<mrthhi. tin-

rightto control the

managementof the "finances.

If the Diet is-guiled h\-experienced and jn-actical

minds, and is ahl, ke a proper use of ti.

four peaceahly and quietly, there will be

no preponderance of one power over another, but



ft just balancv ainl jn-rfrrt harmony Between tin-

egi .\.M-nti\v will I* secured.

A ill thus | M . mi,- to its fu: lisa

" " '

i"

ARTICLE XXXIII

The Imperial Diet shall consist of two

Houses, a House of Peers and a House of Re-

presentatives.

Til-- 11. .us.- of Pri'is >h;ill he an SMeDlMy of tin-

herdam of the community; wliilr t> tin- H..M--

of l;.-j>r.-,-iit;iti\,-.. ners shall be elected.

II -ii-rs uiiiti-l top-tht-r >li:il

tin-Iiiip. n;il whirli n-jiresents tin-

I'll.- t\\ -es shall

therefore possess equal i 'in^ in

certain -in:il oa W>liall

it^rlf aloii- ;.au in mat-

teiv [1 ; hy thi-. that

:..ULh ami ininutr. ami thai

puhlic njMi iinpartiall;

li>lnm-nl f two HOUM- ha- long been

followedin

Kuro|>r;mroinitri i the

goodilt> of tin- tiMiti*| t.

l.yhi-!

which ha< M! intrir- havinir hut

I hi-.-n fivr from lh

vstfin. -titutioiig of



70

IT'.M and of 1848, and Spanish ( 'onstitmion of

IH'J.) In the very country thai may be regarded as

the mother country of the system', of two chambers,

BOme writer- have of late declared this system 1< >

be an obstacle to tin- development of the com-

munity. Those who advocate the >ystem of two

houses hase their tenetfi UJM.H a set of xvdl known

principles that need not IM- mioted here. Still it

must he remarked that the ohject of the estahli>h-

ment of the House of Peers is not limited either to

making it a huhvark for the Imperial House or to

the pre-erving of conservative elements. Its

establishment i- demanded hy the necessity of

maintaining the organic existence of the State.

The bodies of the higher organic beings are not

mere aggregations of different element-, hut incor-

porations of sets of different organs, the healthy

cooperation of which is necessary for tin activity of

the mind. Were the eyes not located in separate

positions, it would be impossible for them to

obtain the ridit optical angle ;nor could the

sense 'of hearing be complete, were the ears not

turned in different directions. So the Head of tin-

State should be a unity, and neither one of the two

media, by which the ideas of the peopleare

collected, can be di-p< n-l with any more than

<-an one or the other wheel of a carriage he done

away with. The aim of a representative -ystem is to

draw profit from the r.-nlt- of public deliberations.



71

D .ill th< political force* are united in a

N- Ih.u-r. and ar.- left to tin- influence of

: ahand n-d to one-tided m-

inenN. with no restraining and equal i/ wer

tin in, that II. -use may in tin- iht.-mj>erance

In- lin. pro-

ami, as a consequence. hrinL' ahout the

i he ma. which may in turn

t" anarchy. KviN would ho far greater under

>ucl. of things, than they lays

presentative system at all. If

-utativc p.\ i. well

ami piml. If. h< re is on*

i the evil ;thout tin- pro-

>i\ of two chambers. The reason for this is to

'iiml in the nature of things, and ou^ht n

particular cin-ums-

s of the moment. It may be concluded that

whether regarded from a theoi.-tical pointjht of men- fact, twoehaniben

an indispensable organs in a representative nystem

aek that has been n.

certain country, upon the 1 1 ouse of Lords as

-f

ni'i.'l. i/ and an impediment

in the

di-pavhof

hu-iness, maybe valuable as a

>ti i( ture upon the temporary evils of the mon

but ha- no weight in tin- con>id-ration of the

lit policy of (he coin.'



ARTICLE XXXIV.

The House of Peers shall, in accordance

with the Ordinance concerning the House of

Peers, be composed of the members of the Im-

perial Family, of the orders of nobility, and of

those persons, who have been nominated there-

to by the Emperor.

Till' .MeUlhers of the I Inlisr nflVrl's. whether

they he hereditary, elected or appointed ones, are

t<>

re].resent the

ML her grades of society. If theHou-e "l" IVers fulfills its functions, it will serve

in a ivniarkuhle derive to preserve an e<|uilihrium

between political powers, to restrain the undue

influence of political partie^. to cheek the <-\ il

tendencies of irresponsible discussions, to secure the

stahility of the Constitution, to he an instrument

for maintaining harmony between the governing

and the governed and to permanently sustain the

prosperity of the country and the happiness of the

people. The object of having a House of Peers is

not merely admittance of the higher classes to

some share in the deliberation^ upon legislative

matters, hut also representation of the prudence,

experience and perseverance of the people. ly

asseniM Aether men who have rendered

signal service to the State, men of erudition and



n

i of great wealth. Iti-tl >ilt.

tin-in t.. i> intim./ ..--ti,,]i amongthru;-* d form a body of the u] nes

t00

th- iMahli-li! >uae

ay ! ivali/ !. T

I l.y tli.-Iiii|M-ii:tl

( )p:

tin- 11- !ln-y ;ir- i"t i:

tioiUMl in tlii- (Constitution

ARTICLE XXXV

The House of Representatives shall be

composed of Members elected by the people,

according to the provisions of the Law of

Election.

' M i M-ntativeare

1

l.y tin- itM.pl- thr.ui.i:luut tin- -..m

fn -in among nuMi ha\ : aiinpialifn and

for a !i\ Tin- pn>\ -iu^

;is 8taU"<l in tin- pn^ciit An

passed-h.-r of a -p.-rial la\\\ so as to make

Iflj,\\lh-n tlir necessity f>r it ari-i^ in tin-

futmv. to make a<Miti. altrrations in th>

(lit rl.-rtini^. It i-. th. r. fore,

uinlfsiralU' that th ('mi-titution -lumhl t-nt.-r into

,utia- on thr >ul'j

10 Members of tl M-ntatives



74

are all of them representatives of tin- people of the

whole country. Tin- object of estahli-hin.^ ! -lion

di-trieN for the election of Members i- to make the

election general throughout the country an 1 also

for tin- -ake nf convenience of election. Rrpre-.-n-

tatives, therefore, are to .-peak freely in the

HoiiM.

according to the dietates ,f their in<livi<lual

consciences, and are not to regard thnnsrlv

the delegates only of the people of their respective

Districts, coinini ioin-d to attend merely to mat-

ters entrusted to them hy their constituents, Tin-

study of European history reveals the fact that,

in

former times,it

frequently happened, thatmembers of Parliament, considering them>elve-

the commissioners of their electors, were devoted

to the interests of particular districts, and i

lected their public duty of taking a general view

of the interests of the country, whereby discard in-

the fundamentalprinciple

of therepresentative

system that votes shall be taken for the sake

of the majority of the nation at large. Sin -h

an error arises from ignorance of the proper duties

of a representative.

ARTICLE XXXVI.

No one can at one and the same time be a

Member of both Houses.



7'.

Tho two Housea, though forming tlio part* of

tin- I';' m th'- ! hi- .V -

OOmpO*

tlirin. an. I iM-.-upy t..warl- -acli nth.T equal i/

andi>p|H)aiiig position*. Th tin- <-,mhma-

-M of ,,f imtli HouMtin- ami th.

nir..iii|.:itii.li* with tin-

!\\,,

ARTICLE XXXVII

of the Impe

rial Di

.\v i- a nil.- .f ,-,,!ilu-t .-niaiiatiii^ fmm

sovereign power of the State, to which it is

necessary to <>l.tain the o of th* 1

-f tin- fuii'Liiu. ii!.!l pn-cepta of a

Iial gOViTIUlirlit.I. ill, thiTrfore,

Ba

law.thai -t

passed throughLOT <an one become so. that has paaood

thriiL:li <'ii' ll"U--. i.ut ha- hn-n rrj.-rt-<l in th-

(NoTK.) As to tin- i|ii.-ti.h.what -..rt

to be settliMl hy law. n< general

thnn can be com; fiiough

tocov-r tin- whole groun<l. In a Prussian Royal

Ordinance, hy which an ..nliuary law was pro-

mulgated. it is stated that the said law comprised

pro dftining such rights and duties of



76

Mihject- ml determined I

,y -pecial laws.

Article 2, Chapter VII. of the Bavarian Constitu-

tion. M ISIS, provides that no new general

law that relates to the personal liherty or to the

v of pe,.pi,. ran !>< enact .md no

iin.Lr

la\\- changed, authoritatively explain. M!

or repealed, without the advice and consent of

the Parliament of tin- Kingdom. lint moM

jurists are !' the opinion, that tin- sphere of law

ought not to be restricted to the consideration of

rights and duties, or to liherty and property,

and that it is futile to attempt. shown

by constitutional experience as well as byscientific re-earehes, to lay down di-tinetions

between law and ordinance hy reference to the

nature of the subject matter. What comes

within the sphere of law and what within that of

ordinance, differ according to the condition of Un-

political development of each country. Theselimits on-lit to he a.-eertained for each country by

reference to its con>t it utional history. But t!

BI6 two definite cases of limitation:/ir.st.

when a

Driven matter is required to he emhodied in a law

by an express provision of the constitution: and

secondly,in case of the modification of a

law,in

which case nothing hut law can effect the

modification. Such i- the universal practice of

constitutional countries.



ARTICLE XXXVIII.

Both Houses shall vote upon projects of law

submitted to it by the Government, and may

respectively initiate projects of law.

Whrli the < M.Yrrniiirlit inakr- tin- '1

law. ami hy nnlrr -f :

to tin- t\s<' Houses of thr l>i.-t as a hill, they

shall 1. 1- oiiii|rt-nt to pas* it witli or without

,.-rt it. \\ \n i !! ;-

deems it necessary that Mirh ami -i. ha law be

issued, .itiate a l-ill f..r the pur|io8e

\Vhrn a hill. :se and

passed in the otlirr with -hout am.-n.lment

.!. shall liavc n . tin- .-ain-li.n -f

it shall hccome a law the same

as in the case of projects suhmitted by the

at

hall hav. no relations with the

li r..li\ itS

uiiiL' ami :,! t<> i:ivo sanction to

laws. II- ohargec ihr Mil --.iti*. (hiring

thr >->!. .11 if tht- with the < 1 rafting of laws

ami with pir Imce.

ts are said "to be submitted ly the



78

ARTICLE XXXIX

A Bill, which has been rejected by either

the one or the other of the two Houses, shall

not be again brought in during the same ses-

sion.

The submission 1 < > 1 1 ie I Met of 1 1 ie -;il i !

j

M

for a second time during the same session, not <>nly

infringes tin- rights of the I )iet, hut is likely tn

prolong the session for tin- <li.-cu-.-ion of a Boli

matter. It has, therefore, heen pn.hihitcd l.y tin-

present Article. The Constitution prohibits the

-ion of the provi>ions of thepiv.-eiii Article, by

the laying for a second time before the I Met, under

a new title and in a new phraseology, the project

that had been already rejected by the Diet.

A project of a law. that has not been sanctioned

by the Sovereign, can not be introduced into the

Diet a second time during the same session. This

must be so out of respect to the sovereign po

he Head of the State, and needs no explicit

enunciation. Still, as to repre.-eiitation.-. it i>

.-tated that the samen-j

bations can not he

made twice during the game session. Fr. while.

on the one hand, whether aproject of a law be

sanctioned or not, lies with the Emperor, the Ac-

ceptance or the rejection of a representation. (n the



19

power iiere

ig a<li*tiiietiuii iM-twiM-n th.-iwoaati.

important- ! ,\ill, t h<-ivfore, be observed,'

defi; .v IM-.-II ma-!.- in tin- MM.- cam

to u\ .]. .ii','ul.je.ct.

ARTICLE XL

Both Houses can make representations to

the Government, as to laws or upon any other

subject. When, however, such representa-

tions are not accepted, they cannot be made a

second time during the same session.

ii tin' ;

initial; 's of

law has been g\- \\

us of the present

that doth II .

-:

a law? It i- that

Ih.-t i- in ti . allowed the |>tii.nof

a law anl th-n l-rin- it :n or, in-

stead of s<- -implyt<>

mal *.-nta^

of thrir oj.iuioiin. -lit. a> to the cnact-

t of a as to tin- aiiieinhiiei/

abolitiitn of an oM one. anl. if t

;Uepte<lI :it. to leav-



60

latter tin- framing of tin- draft of the law. In

Kurope. the legislative assembly of every country

pi Swit/erlai. esseg the rijjit of initiat-

ing a project of a law. lint \\viv aLegislative

asseinhly to proceed to draw up clan-e alter clause

of a law accord ini: to the opinions of the major'

much delay would he very often caused in the pro-

gress of the.' debate thereon, while the draft iiself

would not be free from the defect of cnidencss and

lark of arrangement. It would he far wiser to rely

for such work upon the skill and experience of the

eommi>>ioners of the < io\crnment. Such 18 the

general coiiehi>ion an-ived at by political writers in

!\* country, as the result of their ohservatioii of

facts.

The I >iet has not only to take part in leî>la-

tion, but it has also the duty of indirectly keeping

a watch upon the administration. Therefore both

Houses may also make representations to the

Government as to the advantage or disadvantage,

expediency or inexpediency of this or that matter

lyiu^ ont.-ide the sphere of legislation.

Hut when the opinion of the one or the otl Hi-

ll oiise, as to a law or to some other matter, is not

accepted by the Government, that Hou-e is not

allowed to make a representation on the same

matter a.Liain during the same session, so that there

may be no tendency to controversies and coercion

on the part of the I >iet.



ARTICLE XLI

The Imperial Diet shall be convoked every

year.

T. I

longs to the o\

D jHiwrr of th-!

it the yearly

I uu* been expressly jro\ided

guaranl

11008

lik \ X :-! \cep-

1 ones.

ARTICLE XLII.

A session of the Imperial Diet shall last

during three months. In case of necessity, the

duration of a session may be prolonged by Im-

perial Order.

T! Minli- li:r. \'i fT '

.^th

:U>> Dilatation

<M1 Of a 0688101

.osillg of t:

reason of una\oiiial>le necessity. >liall )M

1

-p> nj

bilit

\\ e Diet shall terminate all



Bfl

the business <>f tin- session,

No subjectof <lrl>at<\

whether a vote has been taken upon it or not, si mil

be continued at the next session, unless special

provisions have been made in regard thereto.

ARTICLE XLIII.

When urgent necessity arises, an extraordi-

nary session may be convoked, in addition to

the ordinary one.

The duration of an extraordinary session

shall be determined

byImperial Order.

The 1 Met shall be convened once a year. This

is for the ordinary session. No provinnn i-

made in the Constitution, as to the time of year

of the ordinary session. But, it U-ingnecesM

to give it time for the consideration of the Budget

of the ooming year, it will usually be opened in

the winter months. When there arises an urgent

necessity therefor, an extraordinary session shall

be specially convoked by Order of the Emperor.'. The duration of an extraordinary session is not

fixed by the Constitution, but is to be settled I y

the Imperial Order convoking it, accnnlin^ t<> tho

necessity of each case.



ARTICLE XLIV.

The opening, closing, prolongation of ses-

sion and prorogation of the Imperial Diet,

shall be effected simultaneously for both

Houses.

In case the House of Representatives has

been ordered to dissolve, the House of Peers

shall at the same time^be prorogued.

T ore and th- II Repreaen-

.'s. though two ranches of the legis-

e, together fr<>m on, 1> Therefore a

cl, which, though it has passed through one

House, yet has not receiv. l the consent of the

cannot become a law. ought the

proceedings of it a time when the

my effect.1

o con present Ar

,:it hnt: es of t t shall be

-iinuit. oned and closed.

Peers, consist-

hereditary Members. Therefore, although it maybe

prorogued,

be dissolved, and when

the House - has been ordered to

dissolve, tip- House offPeers shall be ordered only

time



ARTICLE XLV.

When the House of Representatives has

been ordered to dissolve, Members shall be

caused by Imperial Order to be newly elected,

and the new House shall be convoked within

five months from the day of dissolution.

Tin- provision contained in ill- icle

gives permanent guarantee to the hid. \\\- it, it

is intended to di.-miss the old Members and to

introduce new ones. Should the Constitution not

have fixed the time for newly convoking the

Bouse after its dissolution, it- existence would he

left to the mere caprice of the < Jovernmenl.

ARTICLE XLVI.

No debate can be opened and no vote can

be taken in either House of the Imperial Diet,

unless not less than one third of the whole

number of the Members thereof is present.

When the nurnher of Mrmher- juvM-nt i-

than one-third of the whole nun Members,

no meeting can be he-Id. Therefore in such cases,

deliberations s-hall not be opened, nor can any

vote he taken.



amber

of ti i.i-li N lix.-l Law of Electi

-.-;,:, I,,,! be opened unlew more

iiii!nl..-r i if Momben

-<iit, neither can a HOOK be organized un-

less numlxT haft

answered the Hiimnmns of convocati-

ARTICLE XLVII.

Votes shall be taken in both Houses by

absolute majority. In the case of a tie vote,

the President shall have the casting vote.

i l-lil

ns by an absolute inajorit

Ai v. in tin- jTfsent

meansthe absolut* m: inbere pro-

Iti

win n sides of a ques-tion, tli.-i.' i- ial mi: -ers. it

shouM U-l l,y tli.

itu-

,as set forth i I.XXII I

a0e< \ - :n. in tin- t!

:i-' "I an ! -

tee T in

<*<H*ilingBofacoininittrf. thr

'

>liall I

todaeconli1

le ml- .llyfntmtNl

the particular ra>r. ami with >u-}





n

meaning of the \v..ni "addresses," ii,-iud. -

11 the Diet, addresses

< >r of condolence, representations

of opinion. petition-, and the lib-. The writing

be tmi i louse

may be instructed to a>L for an audience, and

present it to the Kmperoi --rcase, proper

f respt- dignity

peror iot be infringed by any

reeding implying

ARTICLE LBoth Houses may receive petitions present-

ed by sujbects.

Subjects are directly |

office Plot. In

is recei m individuab are

ly transmitted to

the <:tt. or u with a memo-

randum CO i opinion of the l>irt. with

a re< r a report of t .- t thereon.

; 1 1 any }x>sitive

into considtnor has the G a pt-itivo obligir

grant t M-t forth in a|K.'tition.

As to

petitions relainiL' to 1,-i- matters, although

s of a law,



yet a Member may in the uûal manner make a

>n in the Hoi:-.- relating to tin- "pinion >et

forth in the petit in.

ARTICLE LI.

Both Houses may enact, besides what is

provided for in the present Constitution and in

the Law of the Houses, rules necessary for the

management of their internal affairs.

By the"rules necessary for the mana^vinent of

r internal afl'airs," is to be understood, all

those provision<

relating to the election of tin-

President, to the functions of the President and to

the business of the Business Bureau, the e-tuhli.-h-

ment of the different sections, the election of com -

miners, the business of the same, rules of debate,

minutes of the same, rules for the disposal of

petitions, those for granting leave of absence to

Members of the Diet, order and discipline, the

business of the accountant of the Diet and the like.

These rules are to be established by the respective

Houses, within the limits allowed by the Constitu-

tion and the Law of the Houses.

ARTICLE LII.

No Member of either House shall be held



responsible outside the respective Houses, for

any opinion uttered or for any vote given in

the House. When, however, a Member him-

self has given publicity to his opinions by pub-

lie speech, by documents in print or in writing,

or by any other similar means, he shall, in the

matter, be amenable to the general law.

piv-- recognizes the freed<n

speech iii ill.- I

1

magement of the

re of it*

aut .-.-.|u.: rules of

ility and person. ...iti-.ii by an unree-

nee of speech, are to be suppressed and

dealt with i'Y tin- -elf, aoconi *wn

regulati ml judicial authorities are not suf-

fered to i in these matters. Moreo

I become bases for future

laws, and debates by the Mcmhere are the meanshe hannom/iirj of .litlm-nt conflicting

opi! be brought about Accordingly,

Members shall be free from criminal or -i\il

'ssions US*M! in debate.

:i is. in tin* first place, to

rospectfor the I th- 1 Set, ami in the

second, to give w -I value to the speeches

of the Members. \Vh-n. lu\v-\vrf Members

make puM speeches delivered in the Diet,

and thu- freedom of speech they



90

enjoy in tin- Piet. to the outside thereof, they

cannot escape legal responsibility for the sm

whether the matter made puMic relate to moti<

or to refutation of statemi

ARTICLE LIII.

The Members of both Houses shall, during

the session, be free from arrest, unless with the

consent of the House, except in cases of flag-

rant delicts, or of offences connected with a

state of internal commotion or with a foreign

trouble.

The two iloiiM's of the Diet cooperate in the

important affairs of legislation. Accordingly

special privileges are granted to the Members

during the session, so that they may maintain an

independent position and be able to discharge

ihrir important functions. As to cases of flagrant

delicts and to offences connected with a state of

internal commotion or with a foreign trouble, no

immunity can be claimed through special privilege

of the Diet. A session

comprisesthe time int. i-

iiiLr hetween the convoking and the closing of

'. As to cases of non-flagrant delicts or

to ordinary offences, an offending Member may

by arrested after communication has been held



'.'1

with tin- House, ami it- permission has been

In the case of flagrant delicts

offences : to a state * mal

iiMi trouble, an offending

Member may be arrest*' -e, and the m^

reported to the lluse, of which In- i* a

Member.

ARTICLE LIV.

The Ministers of State and the Delegates of

the Government may, at any time, take seats

and speak in either House.

make explanations during debates in tin-

Diet, is an important duty of tin- Ministers of

o, who must be op led to the mul-

titude; they must state what they believe to

be truthful and to appeal to public ion;

must accept ideas suggested by the course of the

public Q and search for the most

solid views on every subject whatever, so that

siiiL' may }< left neglected. In this wayalone can the Con u be made as useful as it

oughtto be of the Ministers of State

to be present in the Houses and to speak therein,

is left to the opt the (I..verni:.

Mini.-ters of State, therefore, may in person take

part in debate- make explanations or they



may instruct Delegates <>f the <lo\vnimeiit -o to

do; they may too, when they think it necessary.

decline at pleasure to do either the one or the

t-ither in , or by delegation.



ii \rn.i: iv.

THE MINISTERS OF STATE AND THE

PRIVY COUNl

Tin- Miiii-tn> of Statr aiv .-harpM with tin-

iviiiLj advirr:

y areas inr-iia. tlnv iiii-h tin- In.j

i-oiiimainU an- OOBVejed, aii-l UP6 U) eX60Ot

:iini-trati\- atT - are

-ivt' tl. iiinn^ on iiN|M,rTant matters of

or's call t:

y :ml tlir Mini-trr> -

~t mm.

ARTICLE LV.

The respective Ministers of State shall give

^their advice to the Emperor, and be responsi-

ble for it.

~~AirtaWs, Imperial Ordinances and Imperial

Rescripts of whatever kind, that relate to the

affairs of the State, require the countersigna-

ture of a Minister of State.

Mini.-trr 'f Stair -i.all, mi : :nl.

in th. - of tin* C.ii-inet,

wli: -hall have charge of the

affairs of some lu-partiiu-n- ate, and >hall



have to bear his responsibility in the affah

State. These shall be dispatched through the

medium of the Cabinet and of the cliiiv

Departments of State, and through no oil HI

medium what- The object of a constitutional

government is, that tin* rights of sovereignty be

exercised through the proper channel. In other

words, the rights of soven -i-nty must he exercised

with the assistance of the machinery provided for

puhlic iv} presentation and with that, of the Mini-

sters of State. Therefore, the Ministers of State

have towards thu Kmperor, the duty of encou

ing all that is proper and of discountenancingall that is improper: and when they fail

discharge this duty, they will not be able to

release themselves from responsibility by pleading

an Order of the Sovereign.

In ancient times, the great dignitaries of State call-

ed 0-omi

andO-ww/V*were

chargedwith the

dutyof giving advice to the Emperor. A .Rescript of

the Emperor Kotoku (645-654 A.D.) says: "He

that is the Sovereign of a country and that rules

its people, would do well not to govern by himself

alone: he should avail of the assistance of his

functionaries.M

In the reign of the Emperor

Tenchi (662-671 A. I

>.). the Council of State (Dai-

jo-kwari) was first established, and . iat, the

control over affairs of State was confided to the

Vide foot note under Ar arulator'g note.)



M

:ir "!

tin- I- TO the V

nf i:; \\iii, Adviser of

nagonft

ed his seal to Imperial Rescn'

-ler the

Coum-il >f State were place* Departments,

the \.ikaujuu'i

III.- //

-nreaia medi

w,-n- bbtbM i.;!,' ? - v,.. u ....,:.:,./. . , , . . , r ;...-..?. .

oourt. he had to rwj.re-

had charge of the

relatingto tien-U'u-.* u

;

.naliiiati.-ri.u- ueittmgmaintenance of * proper dumtjr ao<l in th* obNrvMio* of prop, r

*od irounUimica.ruU K,-nptt. ami to t ho mftktn* of

th iieuintf of

time of war to the reception of .dilreeeaf to the Km-. the com] 'he hit.rv of th* country.

e relating to the gazetteer and the pereoaal etatoe of Imperial>m the eooood to the fourth generation, and of the maid.

to the mbmiem to

In* Emperor for Hie Inepection ol the. UM : MI pOfalaUoa .:. UMT.iri..iu pr.jTin.^n. <: th .-,- .<mu

.,

n, ., i.- Ul i. -iti i th- i^!. f

the prieeti and nun. in the eame ; (8) tboee roUting to the Qfmad Km-

Dv*wgr, and the i

;-ri*l archive.; (10) tboee relating to the annual e

variou.

uioal calculations and the r-

*ee relating to pictorial artiet*

thow relating to medicament* tpplied to the Ktnpvror and UMmedical atirioo to he given Him ;

n:

MMB I ! ri- r hi Mlilk t,

2. The Skikib*.Sta hatl chance of the following natter

relating to the keepio-'

thoee ralatl

appointment to oOoe and to rank, and to the rewarding of tuentonoae

ervtoee : (8) thoee relating to the .uj^rintendance of cbooU aad o!

,-x.nniUiti :., ,

'

r Mt ..gtoUMaMQUtMMJ ! .'.- if .. ;-. Mlhoneaeofi . e of official, of and above UM 8rd

grade of rank ; (5) thoee relating to peneione of all kind, aad to dama*

tion. ; and ti thoeo relating to lh*^ order of pnxjeiMiioe of the

official, at the time of oongrataktorj oooaeioae aad of feetivala.



96

Gyi'i the'

'

ami 1 lie l\n>

Tim- the organi/;iti<.n .f tin- oment was

8. Tho Jibu-Shfi had charge of the following (1) those

uames of officials and to the succession an 1 n

official* of and above the 6th grade of rank; (2) those relating to auspomens ; (3) those relating to demises, funerals, and the granting of pos-thumous rank to a deceased person or

family ; (4) those relating to the anniversaries of the demise of the late

ror, and to the recording of the names of all the form* r Kmperors,so that none of those names shall be used by any of the suco

perors or by any subject ; (5) those relating to the paying of homage to

the Emperor by foreign countries ; (6) those relating to the. adjudicationof disputes about tin- order of precedence of the vai

4 to music ; (8) those relating : th.j

! I'.u It -

s, priests, and nuns; (9) those relut

reception and c i. r.sand to tl in to

mperor ; and (10) those r.

the list of people in attendance upon tln-m.

4. rê of the following matters : (1) those-vision of the wi:

Provinces ; (2) those relating to the contribution of :

(3) those relating to the exemption from forced labour ;m<ltin-

ru

of subject- il piny,with other people, or of subjects in distress, or of ofi. <rtain

classes; (4>) those relating to bridges, roads, harbours, lakes. :

:ains, rivers, etc.; (5) those relating to th.

of taxes in products, and of those in

national funds, and to the making ot >;ttes of n.i

hose relating to granaries and to the land tax(t

grain).

6. Th- . <-> had charge of the following matteis : (1) those

14 to the rosters of military officers, their xmnii

point i r rank, etc.; (2) thost : roops;

._: to weapons, guard.-, ions, and igu:.

those relating to pastures, military horses, and public an-1 pn -

and cattle; (5) those relating to the postal stations; (G) iix

to the manufacture of weapons, and the lists of n

the same ; (7) those relating to practice in drumming and in tl

and to public and private means of water transportation ;and (s) those

relating t uing of hawks and dogs.C. Th-- had charge of the following (1) those

and to the determination of the s-\

nishments ; (2) those relating to suits for debts; and i:*)

relating to the imposition of fines, to imprisonments, and to penalservitude.

7. The Okura-Shd had charge of the following matters: (1) those

relating to public accounts ; (2) those relating to taxes in >nd of

offerings to the Emperor ; (3) those relating to weights and measures;

Be relating to prices of commodities; (5) those relating t

coinage of gold, silver, copper, and iron money, and to the list* <

artisans engaged in the coinage ; and (G) those relating to the manufac-

ture of lacquer ware, to weaving, and to other kinds of industries.



In Lit.i

tiling, coin rite*

i tin- ai; 'ate, at.

My otliciaN a*'

iually came to

amilnr thr i-uin- of h ; nd im-

lueasures <

authority of an

usof tin .f

writtm;

i.i.i.- rt. Ti r \va a coin;

f tin ..( jinwrr. Iinmr|iatrlv

.tft.T tin- >tftC68 of

and off

-hat of ; ami t| K!-

b*doh*rgof i. thorn

rice llrUb for th supply U> the Imperial fa tbowdomain* ; (3) thoM

u.olrartaUcadM(

wwrriw. to court ladk.

lut of tb Imperial PriaoM and PriaoaM of from the coad to tb

v...~fVo f

*A'urdMlo wern orijpnally ehanrad with the btflplaff of importeAt

!.'

i :'.. -.' .'. r-. -I- '.' ."... r :

ohartft the dnUos of efaambwkim. (7rMlrtir' H.

tit vMtbrouK' UJtn that U pfooMdiBî ia UM aftdn of

tl State mvbrootft Kp*ir. Thb oflee

Chaacrllor of tb Km-h^ Mmirt^r of tb Kigbt. or tbe Ix)td

of UM Privy 8oml. Tbo JTvdîi WM UM bi^hrt of toe oAoklnd oMMMMBUy. whn UM Miatotor of tko Uft or th* M.n-

.t.-r of the Kitfbt or tin' I-M Ke..|.-r >! tl... Pnty %ui .i*

MiMO/f

MJ.

nnk w*-rt apjK-

M media bttwMtt th Im

iv . >.

'

I in r

rank it





-f State f' i ti. in, tin- Min inter ofState

. ami tin- Minister

!nimi< ;- fording to tin-

in that .-dl.y tin- <

..'..*

to waa placed o\vr ti

Dej <n0equ

S lindf! tli.-.

..f til." !||1-

f thf Millistfl.ply

it th.- notices m\

thus these MinUt.-r- ! <lireci

ith tin-

no re^pnnîl.ility for th- jjr.-:it affair- ol

r tin- l{i-tir.itiMii. i .timi- \\

intil thr ( 'al.inrt wa-reorgOIi:

l.yil l{i--rript in ti.

(18^ tin- -a th. M

r. 111:1- ii -rparat.-ly t. lu-ar lii-

>han- of n->pon-il)ility to tin* Km: tly.

Over thriii N\

of thi- rhaiiLZi' wa-. n'

hanl.'

if fin:

to and to impn UJH.II tin-:

hit:; M- of tli.-ir r.-|'on-ihility. anl. on tin-

othfiv to maintain tin- nnity of tin* C'ahiiu-t and

to I itions and I

iifftT OH

thf -ul.jfct of tho respon-ihility of th-



100

al>o \arious. In OUntriefl (as ill Knirlaml).

a mode of impeachment lias U-eii -pecially

lished ill connection with political respon-

sibility, the Lower House instituting 11. ami

the Cpper House trying ami deciding il ; while,

in some other countries, either tin- <-<nirt of

i-

90me -|MM-jal politicaltrihunal i-

cntnistc(l with theJH.

WIT nt'ti-ial ai,l <lcci>i<n OV61

cases of ]nlitical n->p.n>ihility. (In IJclînin. the

rer House can impeach, while the Court of

ation trie- and decides. In AiMria. either

Iloii-ccan impeach, while trial and decision are

left to a political trihunal specially e>tahlNhc<l, and

which, hoidc< <lecidinj4 on the political ofTeiices

indicted, alsoj.

sentence "ii attendant

criminal ones. In I'ruVia. though tliejv is a pro-

vision in the Constitution oil the silhject. it ha-

not yet been carried into effect, as no law ha> i

specially enacted for the purpose.) Political res-

-ihility i- sometimes treated separately IVoin

criminality, and effect of judgment stops with

dismissal from office and deprivation of service

(Law of the I'nited States of America and of

Havana, 1848). A-ain. treason, hrihery. in-

discriminate di-hui-sement of pnhlic money, hrcach

of the constitution and the like, are in some cases

specially mentioned as offences, for which

Ministers of State shall he held responsible. (The

Constitutions of the United Stat America, of



101

ami of l'or;u-al. ami imw nf France,

IT-.'I and i-i i. 11 . I'arliam.-Mt

i. mm l tl. ioe of reciting tl '<- fr

whirl i Mil, >hall IM- h-M iv-p

-ihl- Tin- Mini-trr* of aiv, in -till

MthiT ra>rv ln-1.1 IV-JH .n-ihl- li tin- S

(In llnll:iii<l. a f.-rtain Mini- lari-tl t

th'Ui:h In- wa- n^pn-ihl- ! tin- S\fr.-in

Was DO! 80 tO the people.) **n tin- ..tln-r haml. it

i- ID 8Ome OOUntliefl inaint.iin-'l that Mini

regpon-ihlr t th- p.-.iplr. that i- t.

IIH'llt. (\\\ tin* ( 'nll-litlltiollH nf I'

jiinn ami of 1 l.-.l that tin

Order of the So i t-an ivlfa-r Mii- !n

liahility t. inipra<-linirnt for tln-ir fTt-in-.--

r..inparin.L.r

tli '!'- in cl

that M< m i M[

-titutinMal law i- farther fnMi a >Mlution than

thr onr n-latint: to the iv-pMM-ihility of Mini--

.-i|i-riMi: tin- matter fnun theon

as well as frumjn-.u-tical IM.MIN .f \i.-\\

appan-nt that Ministers are charge* 1 ly tin- CMM-

M.tutiMM with tin- important fiiMrtinii of

al\i-'- t" tin aii.l that th-y pOQSCflD

M.LC almiMi-trati\ Th.-ir <luty t.i tin*

Knip.TMr not Miily rhani* tii-ni with lln-

-ain-MU'Mt nf \\ i- pn.p. r. and with .

niMtini: N\ i

:

ut tln-y an-

rhariji-il with that nf iliM-n-



and f :i-H>tinir Him to proceed in ;i

oiiL'ht. tl.' in bave respon-

sibility laid upon their >houlder~. I'' MinM'Tsof

msible, tin- executive power

could easily overstep tin- limits of law. whirl i would

tlm- mere c..llertion >f nominal enact-

Thr responsibility of Ministers is, as it were,

apillarsupporting the 4 'on -t init ion and the law. It.

P,has to <lo with the matters of State under

_:c. and is not one involving rriminal

ihility. When a Minister of State em in

the disc-h:iri:e of his functions, the power of

dinir upon hi- n-ponsihilitv helon^s to the

Svcrri<Lni of the State : lie alone can dismi. a

.Mini-tei-. who has appointed him. Who then i>

xeejtt the Sovereign, that can aj)point. dismiss

and punish a .Minister of State'/ The appoint-

ment and di>mis.sil of them having been included

the Constitution in tin- sovereign power of the

Kmperor. it is only a legitimate consequence, that

the power of deciding as to the responsibilit]

Mini.-ters, is withheld from the Diet. But the

lay put <|iie>tions to the Mini-ters and

.and open an.-wers from them hefoiv the

public,and it

mayalso

presentaddiv--e> to the

tting fort 1 1 its opinions. Moreover,

although the Kmj'eror reserves to Himself in the

istitution the right of appointing Mi- Mini-tei-s

His plea-mv. in making an appointment tin;



as an ini. -utn.lli!.

Mhiliiy of

followingoonolntiona have been :

j are charged

with the duty

wlii are

.ilf;

xcanti.'. that

rs are directly res] '<?ror

indirectly > to the ;

1 not thr |M-njlr that r.u

ocauae th-:

it< of

'

:

tlii. th respon-ihility of

Min DC ami

linal or t-ivil rr<pn-ihilr can it conflict

ih i m-itln-r can tl bet th-

thai ail criminal ami civil eases must bev courts of law.

that Rl ,t of ailinini-!: matters

: he 1 adnnnistra

i. the cases of political respon.-ihility are

left to he dealt With hy the S>Velvign JIS

.inai-v nieaMirea.

The Minister rn-i.lent , make

* of

, and to in; Hi- plea-



104

hraneh df tin* administrative under tin- con-

trol of the >aid MiniMer. The romp hi-

dlltie- i- larije. and his iv-ponsihility cannot hut

be proportional! Aj to the

of state, they are severally held respon-

for the matter- within their respective com-

petency : thei-.- 18 no joint n-p. .n-ihility amthem in iv-anl t >urli n. |-',,r. the Mini

President and the other Mini-tM> >f state, heinu

nlike personally appointed ly the I-jnpen.i-. tin-

proceed e.-u-h one of tliem are. in every res-

pect, Controlled hy the will of the Mmp. :

the Minister rre>ideiit himself ha- no power of

control over the posts occupied hy other Mini-teis.

while the latter oii-ht not to he dependent upon

the former. In some conntrie-. the Cahinet i-

regarded Bfl constituting a corporate hody. the

Mini re not held to take part in the condnet

of the government each one in an individual c

city, hut joint re-p.,nsihility is the rule. The evil

of such a system is, that the power of party com-

hination will ultimately over-rule tin- >npr.

<T of the Sovereign. Such a state of tiling- can

or be approved of according to our Constitution,

But with regard to important internal and externalmatters of State, the whole Government is con-

cerned, and nosin^l'- Department can, therefore,

be exclusively charged with the conduct of them.

dieney of such ! and ;>-





ike ha- lccn committed hy the ( io\vriii!

-hould not he confined tothecounter-

ter or Minister.-, lnt those Mini

al-o who. though nt. the countersigners, i

I con-lilted :il.out tin- matter, ought to hi- held

respon-ihle lor the mistake. It', therefore, the fact

of countersigning i- taken aa the mark. ly which

tisihility are to he distinguished.

it will lead to an undue reliance upon mere form

and to the disregarding of real fact-. To coin-hide.

though countersignatuiv indicates the ivsponsihili-

ty of the euuntcrsiirninir Mini.-ter. yel

ty dor- not arise from the fact of

According to the forms for puhlic

li>he<l hy the (,

1

ode of Tailio. Imperial

SCriptewere issued in this way. The dmfl

i-iptwa- pivpare<l in the Court, and dated hy

the Km})eror. when it wa- .uiven to the Mini.-ter nf

\.j/,- < //s///,-r/.sv/..s//,;.

Th<; originaldraft,

whichthe

Emperor bad dated, \va- kept in that In-pai-tment.

and a copy of it was transmitted to the ( 'oinicil of

State, hearing the joint signatures of the MiniMe.r

and Senior and .Junior Vice Mini.-trrs of the -aid

artment. In the Council of State, this copy

then received thesignatures

of the ('ham-ellor of

the Kmpire, of the Minister- of the Lrft and of

jlit. and of the KirM Adviser of State. It

:lien returned to the Kmperor with the prayer

that it 1... carried out through the j.ruper channel.



I;

:M.U it ; ! i :lirliii||. 1

wliirli tin- .;il alii

left in tii ;j.| an-

.th- i!r ut f..r promulgation. !

\ n| tli. .1 n-jM-rt |

: in in-p.-. i,l in iul Rc-

M-ript-. Aftn- tin- Kr-t..rat!..u. in tin- Ttli mouthof tin- Itli yrar f Mriji (\*!\ ), i( rt of

llh- !iiti- f tin- ( 'liaiirrllor put

al t. linjM'iial l:-i-ript>. Hut

;i-ilinii.

Imperial Kr-ript- \\ iin-ntly issued

\vitlmut tin- -imiaturr >f tin- ( 'haurrllor anl withouttin- phra-r \'.\ [mp : :al < 'Minniaiul." In tin-

llth month ,,f thr llth yt-ar .,f M-iji (1>-^1). it

rstahlislnMl tliat thr Mini-t- -'at.- -liulI

put tlit-ir -iLiiiiit1

. Qfl aul

in: t. inattrr- witliiu tlu-ir

rel>'"f r.intr.il. In thr l.-t

monthof thf I'.Uli yrar -f Mriji (l^^r,). f,,rm- a- toroiint-r-

lr<l. Thr f..nn- f proniult:atini:

|lll.lir il.u-unirut- \\a- tin;- lit to a hit;h

degrrr .fi .11.

ARTICLE LVI.

The Privy Councillors shall, in accordance

with the provisions for the organization of the

Privy Council, deliberate upon important mat-



In-

ters of State, when they have been consulted

by the Emperor.

Tin- Knipen.r. mi the One hand, maintain.- the

-upivme control of administrative a flair- tlirmmh

the medium of the Cahinet. while, on tin- other,

he 1 >li-hed the Privy ( 'oiuicil. so that in

Hi- wi-dom H,. may have at command it-

Mild tliMt the information He obtain-

may he thomn-h and impartial. Mini.-ter- <>f State

ha\'e to he acute nf mind, (jiiick and acti\'e in tin-

di-putrh nf internal and nf external atTair>. \\\\\ the

ta-k nf planning t'ar-.-i^htcd schemes-

'raft

and of effectuating new enactments, after a careful

duliheratinn and calm reilectinn, hy inslitutini:

thorough investigations into ancient and nmdem

history, andl.y cnn-nltin- -cientilic |>rinci)

-t he- entrusted to a special institution made up

:ell()f

Wide e\]

M-Helicr;|

l)d of pn >follinl rl'lldi-

t'mii. In ntln-r words, like every thing else in

human soc-iuty, the twn diiTereiit elements follow

the general rule of the divi>inn of lahor. In

performing their Heaven-r''c ( -i\cion. 801

ign- iiiii.-t Jir-t take advice hefmv they arrive at a

decision. Ih-nce the e-tahlishment of tlie

PrivyCouncil i- ju-t as necessary as tha( of the ( 'ahinet.

8 a- tlie highest hody of the Kinjn ;

constitutional advisers, If the Privy Council i-

t lend assistance tn the wi-dnm of the



1

ipartial, with u Iran thi*

or that partv an<l t" -il\v all dihVult prohlrn.

will r.-rtainlv; .11 ini|M,r!;int pi-

-.-

-titutioiial median1 M-dinanrr 14 to be i u-i|

tO 1"' i : whrll K>1

linanrial mra-mv i- drrmrd

thr opinion of thr Privy < 'oundl i- to be sought

In- in- -I Mit. thrn-hy ni

In- mraMiiv- i [ tin- aliuini-trativ<' in

In thi- way. tin- l'ri\v < '..inn-il i* th-

palladium f the ( 'mi-titutinn and .if tin- law.

tin- important-' "d to thr func?

f tin* :ncil. it i- tin- i^tahli-lunl nik*

> hnprrial( rdinanr.-. .MI whit-h tin*

if thr I'ri\'

iiril ha- IM-.-II a-ki-d. *hall

ain a -tatrin.-nt .f that fart in thr prramhl.- t..

it. Tin- Privy ('<unril i- t.i hold d'lihrrati.n-

..lilywhrn it- npiniun ha- hrrii -oii^ht hy thr

f..r Him t..

1000)

reject any opinion<

\pressed.

Thr duty of thr Privy < 'minril i- : tlv

loyal and straightforward in furni-hini: advi.

tin- to a matter ahoiit whirh thr

opinion of that hody ha- heen furni-hrd to the

:io puhlirity ran hr >;ivrn t. it. however

trifling it may hr. without II :alJH-I:

not in an advi-ory hinly likr thr Privy

neil. that -uhjrrN -honld *oek for f.t:

glory of ti id.



10

CH.MTKi; V.

THE JUDICATURE.

The .Judicature i- tin- authority which, in accord -

witli the provisinn- of hiw and in conformity

with rca-on andju-ticr. redr68868 injured

ri-lr

suhjects and metes out punishment-. In ancient

times, when politic.- \vrn- in a .Mate of primitive

>implicity. in no country was the ( Io\crnnii-nl

distinguished into the judiciary and the adminis-

trative, as i- ahundantly shown hy lii-toi'ical

nls. As, howe\-er. civili/ation advanced and

il affairs hecame mre and more com]

distinct line of dumarkation was drawn helwecii tip-

judiciary and the administrative. The two depart-

mentahave each different or,uani/.ati<.ii-. and neither

of them suffers any encroachment upon its sphere

of business hy the other. Jn thi- way. it ha- i

-ihle to wit i eat progress in constitute

eminent.

ARTICLE LVII.

The Judicature shall be exercised by the

Courts of Law according to law, in the nameof the Emperor.

The organization of the Courts of Law shall

be determined by law.



Ill

Tin- di-tinction between the ftdminitfe

.1* foil.,

Tin -f tlie admi carry out

such !iira*urr as may !. found

06 "f tin- puhlic jHace

ami motion <,f tin

of ti ir; while tll- iltltV nf tlir JUM:

t prniiouncr jti: upon infringement-

.uM-onlin^ to tl. ;\v. In

tin- juli-i:iry.

i.'ft out -n. In tli-

a-hum; measure-

meet tlie ev-r<-li

nM|iiirriiM-nt-l'in:n.

for tin- convmirnrr ami n.M-rsMt

law -imply >how- tlir liniit< lu-ynn.! wliirli'

are imtj.

1 to ohtn tin-

li-tiiu-tinn rln- adininistnitixv

ami that nf tin- jiuliriary. w.-r- thnv only admin-

itivr oil judicial fum-tionarir-

f imlividu: id I-- in i

madr BU

and \\ould ultimately ! riKToarhrd upon hy

oooidii

law: tin- law i- tin- >ol,- -tandar.l fr .-..ndm

trial-, which mu-t always be conducted in a court

of law. Hut tli.^

; i- the fountain uf

ju>ticr. and Hi- judicial authori! tiling more

than a ionn of the manifestation nf the *



112

]-. Ti judgment- -hall he pronouncedin tin- n;iii,r of the Emperor, tin 1

judicial anthority

in this respect ivpn-rutini: Him in Hi- BOVett

>-r.

Tl. ni/.ation of tin- cnurt> of !;t\v .-hall

-ettlcd hy law, in contradistinction with tin- oriiaiii-

y.ation of lln- :ilinini>trativr. Tin- . Miens of

jii>tict- i 'inlrpnidcnt jx-i; III<IM! upmi

law,

According to the system that prcvailrd in thi-

country during the mi<l(llr aircs. tin- Ivpartmrnt

i-ticc (diiuhii-Sliuy \va-. like the other-, un<l-r

the enntr>l <>f the Council of State. The I'unelion-

of tlie Minister of Justice were to exercise control

over matters relating to the conduct of trials, to

the determination of-(-verity of punishim-m.

the decision of douhtful questions, to theregistra-

tion of the people according to the higher (ryo) and

the lowei- (s,-n) classes, to Imprisonment and to

-nits ari-inu out of debts. Judges were dependent

upon tlie Minister of Justice, and their functions

were to conduct trials, to determine severitv

punishment to be meted out, and to give judgment

OD all sorts of action- at law. It i- to he obser

that hoth civil and criminal matter- were put under

eontrol of the same I'partinciit. As the in-

uce of the military da.-- increased, political

power passed to that da--, and judicial power >lip-

I'ide a foot note under Article LV.(irnn*lntor'* /.



113

into tin- haml- of tin* ( *hi-f of tin- 1'olioo

(AV/iiw/ii). 'rim- ju'i .itteni were conducted

with military di-|H.ii-m.

Tlii- r\il;

M o.iitiiiin-l iluwn to tin-

of tin- frinlal t. <irihi: uhirh appeals were

1 :e*torn-

tion. judicial olli- nih-l Kethokwa* were ap-

poii ! authority was

again to tin- The Ith \-ar ..f

vitni-. iMaMi-lin

\v. whii'h was tin- li: unceoftln-

C8tahli-hiii' |H-rial purpose

._:

ju-ticc. In the same year,tin-

bosinees connected with tin- Inarin^ of l .

hitherto iMiinliictel in the Depar

was transfenv<l to tin In

tin .' '. law r-tahli*ln-o! in

:'t>talili.-h-

tlu* country. rlaifirl into Julk'ial

. ami Court*, and District

at tin- >amr time appeal- ami r* hearings

been In tin- sth yt-ar tin-

-sition wa- estaUlflhed SOM to maintain

tin- unity of tin* law. In the same year, the

functions of tin- Mink were settl^l t,i

ad-

mil. :i ami . intt-rfrrin^ with trials*

ofl have been macK* with

th- of M-rurinu tin- independence "f Uie



courts of law. Such i- an outline of thu history

of judicial matters in this country.

The doctrine of the independence of tint three

powen (the judicature, the executive and the legis-

lative), which piwailrd in Kurope at the close of

the last eentury. has ahvadyheeii condemned hoth

by -cientitic principles and hy practical experiei

The judicature is combined in the sovereign power

of tin- Kmperor as part of His executive power,

Th \\ord"executive,

Mwhen used as opposed to

the word "legislative", has a comprehensive

iiication: the judiciary is only a part of the

executive, and the executive, strictly speaking, is

made up of two parK the judiciary and the ad-

ministrative, each performing distinct services.

This principle is at present generally acknowledged

hy writers on public law, and it is not necessary

in this place to dwell upon the subject. Though

it is in the

powerof the

Sovereignto

appointjudges, and though the courts of law have to pro-

nounce judgment in the name of the Sovereign,

yet the Sovereign does not taku it upon Himself

to conduct trials, but causes independent courts to

do so, in accordance to law and regardless of the

influence of the administrative. Such is what i-

meant by the independence of the judicature. Thi-

theory has no connection with the doctrine of the

independence of the three powers, but it is still an

immutable principle.



ARTICLE LVIII.

The judges shall be appointed from among

those, who possess proper qualifications accord

ing to law.

No judge shall be deprived of his position,

unless by way of criminal sentence or disci-

plinary punishment.

Rules for disciplinary punishment shall be

determined by law.

'I'll.- function of judges is to uphold the law ami

tondmini-1

'<> the people in an impartial

man Special knowledge and experience are

accordingly the required quali fixations of judges ;

especially so, as it is on account of the proper

iualih'e -ess, that Mihjerts trust t:

as U> the manner of th.-ir 'l.-alin.u with their rights

and property 11. n., i -vided in the first

clau>e of tin- piVM-nt n qiialifiet-

- for judi:e>hip are to be settled by law.

In onU-r to nmain impartial and fair in trial%

judges ought to occupy an independent po*i-

five fr..jn thr mterferenoe ofpower,

and should

itluenced by the interest of the mighty

or by the ln-at of , oversies.

;ini:ly: ill le entitled to hold office for

life, unles- dismissed from the service by a criminal



116

sentence or hy the etTect of a disciplinary trial,

iplinary rulo applical.lc to judicial fimction-

tixedliy law. and carried ,,ut hy decision

of a court of law. No intcrfi-i-.-n,-,- ..i any chief of

an administrative oil'. ..llowcd. Such i- tin-

guarantee wh id i the Constitution provides for the

independence of jud*_

All di-tails as to Mi-]cn-ii.n i'roin Cilice, to

htfh0fcu,*to the transfer of appointment and to

retirement on account of hall he mentioned

in the law.

ARTICLE LIX.

Trials and judgments of a Court shall be

conducted publicly. When, however, there

exists any fear, that such publicity may be

prejudicial to peace and order, or to the main-

tenance of public morality, the public trial may

be suspended by provision of law or by the de-

cision of the Court of Law.

Thai trials are puhlicly conducted and that

parties aiv ,,rally examined in puhlic. are most

effective guarantees for the rights of the people.

The puhlicity of trial- i- of considerate con-

Hiahoku 10 a temporary retirement from active service on one-third

pay. r'$ note.)



117

sequ making judges f- im|M>rtance of

tln-ir lu:i.- ami in -purrinu' tin-in <.n to be worthy

ivpivM-ntai reason and <>f justice. In tin-

. rall.-d >'..KitiftiflNtfi,* wa* 1

in \. ut in th- sth yar .f M

.f trial> opmly wa* p.-rmitted f.ir thr

\\-as a groat step in th. progress

of jmlirial mat!-

T!i- ! I stages ; iiiiinal pr-iceed-

limiiia: .inatini.|

al. The \\

11

trial"

U-IM! in thepre.*--

'ido does not in-

-lul, in it^ inrunini:. pn-liininary r\aininatiMH.

cases in wliirli public trial may be

judicial t peace an<! i insti

n lat ices connected with a state of

internal commotion or with a uhle or

n-lati .isst-mhliiii: of mol.-. or to in-

thereby agitating and exciting

peoj Tlie cases in which puMic trial

may h"

j

of puMir

in. -r.il:- an- -urh, for instance, as r

private matters causing scandal and shiH-1.

pnhlif moralit\ -MM! to the knowledge

oft! Mumity. From the express

I--

pp -judicialti

peace and order, orto the

maint-nanceof ptihlic morality." it is to be inferred

that wheth- tain act U calculate- i 'iirh

V ,. ri:t^ t r , mlMI



lls

peace and order or to be detrimental to public

morality, is to be decided by the opinion of the

court."According to law" that is, according

to tin- express provisions of the Code of Criminal

Procedure and the Code of Civil Procedure."

I'.y

the decision of the Court" that is, when there

is no express pmvi-ion of law. the decision of the

court will suffice to Mi-pend public trial. From

the expression ''the public trial may be sus-

pend. -d." it is to be inferred that judgment and

pronouncement of sentence are always to be in

public.

ARTICLE LX.

All matters, that fall within the competency

of a special Court, shall be specially provided

for by law.

Those matters appertaining to men in the mi-

litary or the naval service, that are taken cogni-

zance of by the courts-martial, belong to the

f matters that fall within the com-

petency of a special court other than the ordinary

courts ofjustice.

Further. .-In mid it become

necessary in future to establish special Tribunals

of Commerce for merchants, and manufacturers,

commercial and industrial matter- to he taken

cognizance of l.y the said tribunal- will also belong



.:i

to tl hall full umlrr tin-

; <Tial . :h-r than th

tlinarv civilpourts.

1 these tribunals

.-hall ! r.-taMi-hnl hy law. N> nanceCAQ

establish 1' gal extv

Tin- CoiMitntinn lo- n.,t Buffer the estal

>lirU phuvil l.fVoinl tin- .

law. upon tin- ju

thrmiLili tin- iiilliirurr if tin* ahi)iiii>traT

tlmrity. and wiv-tini: frin the |-npli tin-pr-

rourt- whrn- u^tirt- ran li* ohtaii

ARTICLE LXI.

No suit at law, which relates to rights al-

leged to have been infringed by the illegal

measures of the administrative authorities,

and which shall come within the competency

of the Court of Administrative Litigation

specially established by law, shall be taken

cognizance of by a Court of Law.

\'lmmi-trati\v Litiât .

)>< mi- i a trihimal whore cases instituted

agai icasures are mlju

law(

in limits u|H>n rights of

subjects to iiiMiiv tin* Mifrty of the sanu i n

part of tlu- U-ily \olit



from tin* duty of oK-rrvini: these Ir-al limits.

Therefore, when Mil M< 111) 1 1 1M rat 1 V('

offiCO ill CaTiy-

ing out official measure's, infringes tin- riu'hts of

subjects by violating tin- law or bj teppin^

tlu- hounds of its functionary powers, such office

has to submit to tin- decision pronounced by the

Court of Administrative Lit i-ation.

How i> it that, while it i- the fund ion of the

courts of justice to try cases of law. a Court of

Administrative Litigation is to h--j.--iMlly cstah-

lishcd? The proper function of judicial courts is

to adjudicate in civil cases, and they have IK.

j.own- 1> annul measures ordered t<> he carried out

by administrative authorities, who have heen

charged witli their duties ly the Constitution and

the law. For, the independence of tin- adminis-

trative of the judicature is ju-t as n'câry as that

of the judicature itself. \\Viv administrative

measures placed under the control of the judi-

cature, and were courts of just ice charged with the

duty of deciding whether a particular adminis-

trative measure was or wa- not proper, adminis-

trative authorities would he in a state of suhordina-

tion to judicial functionaries. The consequence

wouldhe that the administrative would

hed.-privedof freedom of action in x-curini: hem-fit- to society

and happiness to the people. Administrative

authorities cany out mea-un- hy virtue of their

official functions, and fr these -.-they lie





122

:i>tituted in a cnuri of law. Tin- led i,, the

;nmlation. in tin- courts, of actions againM

10,and there- were manifestation-

lency, <>n the part of judicial authorities, to

exert their inlhieiiee with the administrative. ByBcation No. LM oi the 7th year (1-7! . the

expression "administrative litigation" wa- iir-t

made oae i'f. According to that notification, when

any one hn night a >uit against a local official, Un-

judicial authority taking cognixanee, had to i.riim

the matter to the, notice of the Council of State,

with a statement of the circumstances. Hut this

system wa< meant simply as a temporary means of

remedying the evil tendency then manifesting

f. and the establishment of the Court of Ad-

ministrative Litigation was left to the work of the

fatore,

1'y the expression'

illegal measures of the ad-

ministrative authorities," it must be under--that no Miit can he brought against those measures

that have heen carried out in conformity with law

Or with the functionary power of the office in

(jue>tion. No one, for example, shall be allowed

to institute a suit touching a measure, which is in

conformitywith a law

placingrestriction

uponthe

right of property IW the sake of the public good.

Tin- expression "right* alleged to have heen in-

fringed"

points to the evident coiiclution. that

mer- ;age to one's interest, though it can



become the ground oi a j!iti.n. begets no right

f lriiiL a<imini-trati :i. XV!

for example, ad mini- ities shall have

6 -f .1 In,- :' r.ulroad, according to

an rMaMi>lifl |.n.tv^. tin* lK-al inlial may. thinking tli.it it \\.-ul.l l>u more

ntageous for tli.-m t< iU course fixed in

some other direct ion. Siu-ii :i remonstrance would

interest an<l n<t tn iij:ht. S tin- in-

tanN i. -;tini tin-cmiijii.-tc*iit authorities

Imt wili ring an action bf

\.liiiini-- .on.



CHAPTER VI.

FINANCE.

Finance formfl an important j;irtof the admini-

tration, ;H it ivlato to the management of the

annual expenditures and revenue <>f tin- Statr amilia> a doae and intimate 1.raring npon tin- iv-

sourcesofthe people. Accordingly, .unat impor-

tance i< attadn-.i to it by the Constitution, which

deady defines the extent of the rights of the 1m-

al Diet of consent and of control in

thereto.

ARTICLE LXII.

The imposition of a new tax or the modifi-

cation of the rates (of an existing one) shall be

determined by law.

However, all such administrative fees or

other revenue having the nature of compensa-

tion shall not fall within the category of the

above clause.

The raising of national loans and the con-

tracting of other liabilities to the charge of the

National Treasury, except those that are pro-

vided in the Budget, shall require the consent

of the Imperial Diet.



It i- ..in- i f tin* inn.*t U-autiful features of eou-

-titutional[

;m<l a direct safeguar

thr happiiu-ss of thr MihjiTt-. that tin* CO IWC lit of

;

i.- impo..iti..n of a new

'irli matt.-r- :uv not l.-ft to tin- arhi-

ion i if .t. \\ ben .t :-

i- impo-cd .iln al\ .g OD6t,

i tin- ratr of taxation i~ t<> i. it

mu- '

t tin* opinion of tin- I i.-t what woiiM

be a XN'tTi* it

thi- i-Hifirnt r..n-titiitionai safeguanl. it \vuiild be

iinpo-sillf :ity for

:

resource* "Adiniiii-trativi- f.-t-

-Ii-r

.at ure of 'as

iiirntiom-.i in tlu M-roml riau.-r of the present

Mi(h as are collected from private

individual- for undertakings engaged in. 01

-artion- eondiit-t.-.l. hy the (Jov.-nini'-ut for

them st their request or fr th- Theyare in thrir nature different from tax-s. whieli are

imposed as a < :i duty to ! tgi-d hy

all. I railway fares, warehouse char-

ges, M-hool fees and the likr may be fix-d hy

admini onlinaiie- and need not beset

hylaw. I'.ut ftS

theyare called

"administrative

fees," a di.-tinetion mu>t be observttl U-tween

tin-in and"

judieial fees."

A- to tlu'pr.

the third elau-i- of the

.lit Article, a national loan invlv th-



12G

curring of liabilities by the National Treasury to

be nirt in thr future. To a new loan, therefore,

tin consent of the Diet must always be obtained.

Thr rtTect of a Budget extends over only a single

fiscal year, so, in granting subsidies or guarantees

or making engagements, that involvr thr liability

of tin- Nati.malTiva.Miry, thr consent thnvto of

tin- 1 >kt is needed, as in the case of a national

loan.

ARTICLE LXIII.

The taxes levied at

presentshall, in so far

as they are not remodelled by a new law, be

collected according to the old system.

In thr preceding Article, it has been assured

that the imposition of new taxes must be deter-

mined

bylaw. In the

presentone, it is

providedthat thr taxes now in existence shall in future be

collected in the method and according to the rate

In rrtofore extant, except in so far as changes shall

hereafter be effected by new enactments. In

order to meet necessary expenses, a State inuM

possess some fixed revenue. Hence, not only

has the Constitution not introduced any change in

thr national revenue produced by existing taxes,

but has, on the contrary, confinnrl tin same by

express provisions.



(NoTK.) In Kurope, it i* generally 1,.-;.| in

theory as a very imp* -ineipl.-. that all 'axe*

should be yearly\..t.-l

l.y I'ariiam.-nt. n-.twith-

lini: that thi^ 06 i- in reality nothing

inoiv than ty. In tin* o.n-titut

intriey. it of

taxes shall have force for one year only, unless ex-

pressly fixed otherwise by a special provision of law.

MM tii. such a state of

thing* are as follow: n the mil<il.-aL'^. th-

Sovereigns of Europea s made no

ti.-n h. -t\vi-rn tlh-i: ..-ii.- matters and

nati.malall 1

the natiuimlf thrir fainil;. j<led

: private domains, in oi 'he civil

an<l military expenses of tin- State out of the

.tion im]HiM-<l | with the esta-

hli-hninit of -tainiint: armies a n- r..ii nected with royal residences* parks,

gardens an<l tlie lik.-. tlu-ir prixate treasuries began

to show uV ûmmoned the

magnates from all parts of the country aixl tniered

them t> pay henevnlm.-r to them, wherewit:

in the annual expenses of

tin < ..untr in these facts it is to be noticed,

that in Kurope taxes were originally nothing more

than benevolences Off donations paid l>y thepen;

(As a proof of this assertion we may r \rt



I"1

.' of the( 'ollMitlltioii of YVurtemhuri:. \vllicll

provides that when any deficiency oocura in the

produced ly the llyal property. 1

shall In- levied in order to defray tin- national

penses.) t'nder these circumstances UK- propl,-

naturally deemed it necessary, in order to cheek

tin--

.irant demands of tin- Ruler, that therin unit should prove the necessity for levy in-

such and >iu-h a tax, ami that the consent of tin-

people be ohtaiiu-d to it. Thn- the condition that

without the consent of the people there rdiall he

no tax. has become a fundamental eon-tituti>nal

j.rineiple.Such is the historical

growthof the

principle referred to. Secondly^ another 'hat

ha- hrou-ht uhoiit the state of things above alluded

to, is to be sought in the extreme democratic

principle, that the people possesst lie right of free

-lit to all taxes, and that as a natural con-

sequence

a ( rovernment must cease to exi.-t. when

thejMM.pl,. do not give their consent to the levying

of taxes. These two causes, hi.-torical tradition

and ; theory, have conihined togetlier. and

have so thoroughly taken hold of the con>tituti(ns

Of European countries, that it is now impo ihle

to overcome the prestige they have acquired.

Buthow is it in practice? In Kn.^land. land ta

cu-toiu- dues, i-xcise and stamp duties, which

levied hy jiermanent acts and which con.-titute

consolidated fund, represent six-M-veiiths of



i xtatcmont* refer-

rihL :laml haxv !- -i tin- authority

of Iv \ \ 1 \. . ..piiii- i,, the atatfctict

for I-M t! nt of ne was

1-1 of thi- -inn. fl I. 'MM. ,

Seiltril thr amount lr\ i-.l l,y yrarly Art.- of I'arlia-

inrhl. xvliilr tl. iiiiount 7:5 inillioh

roiii,,! him. in. in- :

ru-toin ami i if law. th-- taxe are

regiin Ifil .1- pri-main-iit ainl li\ i n-vi-inh-. ami it

i- ht iiecosHury to Mil.mit tin-in to tin* annual

:.: \ riiisuinii <

Mitutiou pi.-.s >liall

whirli i- rv);anl'-<i

as the centre of pliilo-opl -rulatioh. th-

l .iiinittii: B to yearly\-

to \\i-iti-r- in tl 1 out in

an imli-tiniti- maim-

l:.-aulii-u -litioh Vol.

II. pp.' With n-iianl T

which -1 annually I

writrr- maintain that th - TV n.

vrhirut. What, acrnnlin^ to thr principle-

tional . -t eflsential for th.- life of a

State, i- piTmam-m-v:

th- tin- fumU in-*|tMl

for inaintainini; tin- pi-rmai. tin*

lioiilil not from yra;

year N in- ami m part of tl .in.-

-hall have ti :<lanî*r lli-



L80

tence of tin- Mate by depriving it of it- source

of necessary revenue. Iii Kurope. in the middle

ages, tin- properly of tin- K'oyal Family and not

taxes, was tlic permanent 3OUIC6 of funds for MM

tional expenditure^. Tli.-ivf..iv. though tin- people

arc at liberty to limit tin- term for which tli-v OOn-

sent to h<- ta\c(l. to a period nf one y<-ar.

with the gradual >ctt lenient of the fundamental

principle- of state in recent years, it ha- heenme

elear l.cymid all poîhility of doul)t that national

expenses ought to he defrayed out of taxes, and

that the imposition of the permanent taxes, which

are necessary for the existence of the State, is

carried <,ut in virtue of its rii^ht, and not in that

"f any voluntary nift of the people.

In our country, all national expenses have, from

ancient times, been defrayed out of taxes. 1 Miring

the middle ages, three modes of taxation wereestah-

li-hed: (that is to say. there wen- taxes payahle in

urain, taxes payahle in products other than iirain.

-

payable in textures), thereby causing the peo-

ple to hear (Mjuitahle proportions of taxes, and no

resort was ever made to levies other than what fur-

:ed the regular >up)lie-. At ju'e-ent all kinds of

N remain permanent and are not to change from

r to year. It is for considerations relating to the

i liar polity of the country and to the probable

course of event- and for the purpose of preventing

all possibility of confn-ion. that the ta\e- at present



; .;

>!. ha\v beene*tahli-.hMl l,y th. < 'oiMitu

as))*nt ones, to be *u--h <f

tin in a- may 1 jil. in i-xartly tin-

Same Wav a- it ha- ! -u ilmn- lii'h-

ARTICLE LXIV.

The expenditure and revenue of the State

require the consent of the Imperial Diet by

means of an annual Budget.

Any and all expenditures overpassing the

appropriations set forth in the Titles and Para-

graphs of the Budget, or that are not provided

for in the Budget, shall subsequently require

the approbation of the Imperial Diet.

In tin- I'.inl^rt a iv rMimatdi tin- axpendiftuvM

anltin arh linanrial

y.ar. ! -li>\\

tin- limit- \\liirh tin- a<lmiiii-'

Tin-pi

tht-

-inlitinvs f tl tin- 1 in tin-

|n|M-r luanairt-im-nt of linan. \nl it i- an iiu-

|ortant iv>nlt of constitutional prinriplrsof govern-

int-nt. that tin* suhn. -f tin- \\\\ tin-

tin pi, -nx-nt tln-i

ami furtin-r (h -n--- 1. n . I ofrayed

asset forth in tin- 1 'sMjiu-nt appr-

of tin- I -uliturr- tin-



e.-timated appropriation or t any expenditures not

drd for in tin- Hndijet. >hall he a-Ued for

control of such mailer- lies within it- competency.

V. referei he found in tin- Code ,,f Tail

on matter- relating to tin- I '.initial. Tinier the

Tokuizawa r-'-izinie. the 8UIDfl 1" I" .ded hy

each Office Were fixed, hill 1H> e-thliate ! t'lieiji

\va- ma<le. After the I ;. -t< .rat ion. the ..il |raeliee

was followed and expenses Were defrayed a- n I

-hy arose for BO doini: until the oth y-ar ol Meiji

(187:>). when an estimate .f expenditures and of

nue wa- jrej>arelin the 1 )epart inent <{ State

for Finnnci'. and >uhinitted to the Chancellor ol

the Kmpire. This wa- the \i\-\ lime that our

'rnineiit ever ]>n-p:,re.ia I'>ndiM afi a puhlic

doeiiment. In the 7th year (1874 . fresh 1-

prepared for that year,and after various im-

provein-nt> had heen made in each successive year

in the item- of expenditure- and in the form in

which the item- were pre-ented. the preparation

of the HudL'et was hronirht to a tolerahle d-

BCtion in the l-ith year of Meiji (188 ie tcv

the in-oiniilpitiiiii of the \/.\\\ of Finanee. In the

ITtli year of Meiji lationfi for the

F-tim;t- Expendituresan<l of

Revemx- wereinto effect, and matter- connected with the

made <-o!i-iderahl- proirress. Iii the 1'Jth

Oi M"lji (1886), the I'.udiM wa-

I'iilf a foot note under Arti- nixlattrr'* /



: H

.v.i- tii. lir-t time

.1-1 IM-.-II |.!..:;inluat."| ni UCCOItUtiCe

witL'

iMi-h- ji.ir.ition of till*

:ni i!i'ii-|M-n*ah|'

1 in financial matter- Tin- prc^-nt Ar'

goat a step further and ]'. :!- tint tin-!'<i<lget

tin- 1 >: - DO

effe* tli-

HIM ,l f.ir making tin-

offices niiii'lfni of tht-ir .luty of

observing tin- limit- impo^l ly it.

T! -in- tiling th:i! l.-iu:iinU f\|l;ui:iti..n in

tin-t i^ tl, 'iiat in tnoet coun-

y tin- ad*

mini-tr:iti\ il- f"i .1 cnrri-nt y-ar. ThltB A

nt ofti m account

of i' ami i- v-.JM-U.

a la\\. :'on- lav. .CIM|*HCC o\vr a I'.ml-

get, which ha- \VeTO

it]

.1 law : be Budget,

that wouM amount t-

ln- r.n-i. r limit-. The

U80L in "th- trie- hy \vlii.

ill.Ml ;i law. ha- ii: i--- or

from tl B to the

liamcii' ^.inlini'

>uci u the uni 1 ritiht of I'arlianu-iit.

wh -in.- oti



the practice of givinir the n;iin of law to.-very

matter pa--rd tlirougli Parliament. It i- true that

a law mu-t he pas-rd hy tin- I Met : -till, il i~ not

correct to say that everything that ha- been pa-

hythr I >iet ought to be called a law. Km- those

rule- which, though th-y may have hem pa-srd hy

the iMrt. relate tO particular matter- ami have no

general hindini: force, are different in their nature

from law. \Vlien. a- provioYd in the >ee.nU-lause,

the appropriation- set fnh in the Title- ami Para-

graph- of the IilKllM have heeli o\ rI'passed, OT

when exju-mlituro that are not pr<\ i-l.-l for in

the same have been incurred, the ûh-e.juent ap-

proval .f the I >i<-t i- to I,.- ..htained. fnr. even in

i-d to an imli-peii-ahle ]nea-ure. the < M.vernnient

bas still to submit to the control of the Miet. It

be h'.rne in mind, that a deficit rather than a

Mirplus is in fart to heexpected from a lUid-et

that ha- hern armratrly pivparrd. If the Mini-t.-r-

tate are n.t required, merely hecause they have

i M-ttlrd in the Iûdirrt. to make mitlays that

aiv unnecessary, neither are they 1'orhiddrn hy the

( '<'ii-titution to make outlay- o\-ei-|.; i--in,L

r thr

rM'imatiMl appropriations <T outlay- not jrtvidrd for

in ther.ud.iiet.

whichmay

be06068881?

'i! a<-c,unt

of unavoidable circumstances, l-'or, the iunction-

of MiniMer- of Stal 01 detenninrd by cons, i it

of the I Met to the }\\\ jeV ai'e ii\ed hy the

Constitution and the law. which are the



i

n- of ,r 1

o fumUnecessary f..r tin- exercise --f constitutional riffaf

i tin ii.luirgo of legal duties have been -ith i

I..tally unprov il-l for ill lh

f State ouj'ht to thrust aside

on ai'liiiiin -ii tip- ploa of such

instances. Consequently. unavoiiiahl*-.

\|>en-

litmv- o\.-rpa ing tip- rMiiuad-il a||r|i-i.i'

uiiji for in tin- r.u.lp -t are all legal. Hut if

tip . j;il. why a-k tin- >ub*eqili-ht

tip'

Because it i- thT-hy n,

to kiM-p harmony ami rl*r roiin-rtion hftweeu

almim ami tin- I of th-

likf an imli\ihial. i* liahl.-

to 1 It i-. th-r :

an imporiant doty of the ;t to maki- th-

li-l nt of fnmU atvurati-lyf as fleUleil in th-

Titlr- ami Paragraph- of tin- !u<lp-t. (\ li--

lution of th- Douse

NVhrii a., i tain amount

iplitmv for a partimlar -i-r\ u ha-

<lrhTinim-l upon it i- th- l-oii:

ihity >f the |N-partiiP-i! uhirh has that

um: ge ami o-ntrol. to take care that th-

mlilun- ilo,-^ not r.vvrl tin- amount plan

it-li-j

ii-al for that purjMi-r 1 nrurring

ma\oi,lahlr rxpnplitun-- o\rj;i.-sinx

th. .--

timatl ajr thM* unpn>\ il-i| fur in

tip .

rptioiuU cases.



L86

When theI >iet di-c,>ver- that any extravagant

BXpemec have lecn illegally ii)ciinv<j and does

not rccoirni/e tin- necessity !' >uch expenses, n

may take tin- matter up as a political question.

though itcan not make it a -uhject of legal COBten*

tion. Butthe action of the I>iet in mich cases can-

riot alTeet the con.-e. |Uelice> of the expenditures

already incurred hy the < Io\-ennm-nt 01- ,,f tin- *>\>-

liialions thcrchy dc\ol\ iim upon the ( Jovern-

ment'

l-ixpenditure- overpassing th- a|>pr..pi-iations

-et forlli in the Title> and I'ara^raph- of the l>ii<l-

get,"are those

expemlituresthat

exceedthe

amounts voted hy the 1 >iet."

Kxj)enditure> that

are not pro\ ided for in the Uud.uvt.

"i-efer to tho-r

rxpenditures that aiv incurred, apart from the

Title- and Paragraph- mentioned in the Uud

on account of unforeseen eirrumstauce>. The fol-

lowingprovision.- aiv found in Article 111 of the

Illations Of the Hoard of Audit. I'ru-na:"The

expression excess o\vr appropriation j n Article HI]

of the Constitution refer- to all payments which

have heen made in excess of the sums -pecilied in

the ( 'haptcrs and Title- of the ( ieiieral State I'.ud-

-ttled ill accordance with Article Id <>f the

Constitution, or of the -urn.- -pecijicd in the 'I'itlt-

pe-ial r.udLr '!.- passed hy tlie National A.S-

-emhly, except BS.tOf ho-e Title- the votes in res-

of which liave h.-.-n expi'es-Iy declared to he



:.

th-

Mir|iln- fi.'in Otben lii which .ui

eded and payments

h.i\ IMM-H m.i'l-- \\ in, -|. hi., not

êt, a rtatfiiifii: -hai:

tin- I >ift of tin- iif \t \. MI i!.

Thi* p !1 -upj.li.- th lfft-i

Arti.-l.- |n| ,,f tin- ( '.Hi-tinni..!! ol unl

Ml- tllf lliraliiim nf (hi-.-.\|.|.

! i:itiii'

i.. jnrliiiii- ;il-

iH.t jip.X j.l.-.l {',.! Ill tl,,- Uu.L

( Noir..) Tin- tiiiaiin-* .f :

r-illy rntir.-lv:

tn lr;i.

tilr;ij.;

'|| ill I j III ill.

Control an i

passed ly tin- l'.rlianj-iit of I -<. it i-

1 that"

tin- nt-. of fiich yrai

linally hy tl: unions,

nulltl). .Hid

inlituiv ..\.; tin- :iinomit \oted

l.iti\f >anrt nilliorr

.r, i. Pro) \ \Dicey.

1 M- M

say8 nn thi> Mihjfd that**

t! tin*

J|oi;>f of ( '..iniii.'ii- for tin- ilifftT'

tln-r which apjHMr -utlicifiit on th- rioii

f tin I i.ut it not iinfrtM|U-iitiy 1

tb* origiml JpUM l**t, the MUM -I Mr

authority by mtstak*. and w hat* UM r^JiHiJ bj tW otbor al UMW,

.

..;. /,..,.......



L88

that in -"in,' M| ih, -ervice> the -urns so voted aiv

exCCM-ded. ami tli'.- exrrss ha- to he pr >\ i< !<< 1 for in

subsequent year-.' It will thus he -cm that in

Fngland tli- method- .l a>king f>r approba-

tion after the expen-e^ have been inenrre(l and of

a-king I >te for a I'n-li -ujply for making up

the detieirucy, are fnllowe.l. In I'm ia. the prac-

tice of a-kini: <ul.-<Mjn<-nl appi' >l>at i<n i- followed,

and a provision e\i-t< in the Constitution t<> that

In Italy, in BOme 08868, the praetie.

a-kinir fr nioditication- of the I ludurt .f the cur-

rent year is followed, while in other eases th-

pra-tiee!'

a-kin.u for -ul-e.juent ai>]>roval is

pur-ued (law oi I^'-'.O. In F ranee, the -npple-

nientary funds, that are to make up the iva-<ma!>l<>

deficiencies in the Hudiret. and the extraordinary

fund-, which aiv required mi account of nnfoi-.

en ciivu instance-, or on accmn.t, nf th- extension of

certain operations hey.md jnvvions limit-, an- to

be permittr(l by law. When the legislature is not

Mttini:. a pr<vi<i<nal pcrmi in -hall he given for

-ueh fund- hy I. after the matter ha- |M

through the dfliheratinii of the Cabinet at the in-

-tance nf tin- ' '"/A-sv/7 } 1 878 ,



1'.

ARTICLE LXVThe Budget shall be first laid before the

House of Representatives.

It i in tin- pivM-nt Article that, a-

iLjht of prim-ity -hall

II to tlir 1 I. .11- ;tiVr-. Ill ili-M'll--

!. tin- ..hj.-r? -ouj^ht fiir i- t

at a i-l. ,11 on ,,f tin- iv-..iir - of tin- |M

as compare* 1 with tin- linanrial -niiilitiini ( th

riiiiH-nt. -.. that a JUM m, .u lie 860t)i

Thi- i- Hi.- in.iM important luty -li^-ha

liepreiKM \\ at i\iH elected l-y th- p.-..j.l-

ARTICLE LXVI

The expenditures of the Imperial House

shall be defrayed every year out of the Natio

nal Treasury, according to the present fixed

amount for the same, and shall not require

the consent thereto of the Imperial Diet, ex-

cept in case an increase thereof is found ne-

cessary

In Artirl. |.\ IV.. it i-

pr.ivi.lnlthat ti

-nit of tin- Imperial I

' tin-

Htilp>t. P.nt in thr pn-M-iit Artirl. -. ai

iniiiL' tin- \l" n.lilun'- of the

Illlprrial I !

- 1ilrlitii.il. -l.



Thr r\prii. liiurr- of tln 1 1 1 iprHa 1 Hou-r are

th;il ;uv indi-pui.-ahlr for maintaining thr

itV of thr Kmprl'or. Mild !> lllrrt thrill is Un-

duly Ol thr Tiva-liry. Thr rmplnymrnt of

the fund- i- ;in ;itT;iir of tin- ( 'curt ;iud not one for

illtrrfrrrix-r hy thr I >jrt ;r. 1 |>r.

Lllr l it 1 y. UrithtT

r..||-rllt t tlir-'-'

\\

> '1 id it 1 1 !' - ! 1< >T \ '1'i t ir:l t i( H I of

thrill is r.Mjniivd hy tlir I>irt. Tin- ;iniouiit of tin-

i

\I>riiditurrs of thrIiuj)<Ti;il

Hou-r \Bt however,

>t;itrl iu thr Uud.m't. and also in thr -tatrinmt of

thr final arrount-. Hut tin- ifi merely for thr

}>ur|K>r of conipirting the sum total of puhlir ex-

penditures, and not fr thr propose of submission

to thr drlihrratiini of thr I>irt. Thr n-asun why

thr con-, nt of the I>irt i- ivquirrd. when it ha-

>me necessary to increase tin- amount oi

prnditurrs undrr rrvirw, is that thr affair in ques-

tion has a close relation to thr ta.\r> contributed

by thr Mihjcrls and that, thrivfoiv.it

i> to hr suh-inittrd to thr drlihri'at ion of thrir Kri>rr-rii-

tatives,

ARTICLE LXVII.

Those already fixed expenditures based by

the Constitution upon the powers appertaining

to the Emperor, and such expenditures as may

have arisen by the effect of law, or that ap-



Ml

pertain to the legal obligations of the Govern-

ment, shall be neither rejected nor reduced by

the Imperial Diet, without the concurrence of

the Government.

'

Al: i it lire* ba*-l hy tl

li-'ii u)iMii th- pn \\.-i-.ij.; .i\n t..

"in.-hnlr all th :i<lituiv* whirlt are

npnn th-pi

i WIT- : tl..

I fnlth ill < 'hapNT 1. nf tin* < 'nll-lilllliiil.

wit: nplinary \p*-n<iiturf> iv|uin-<l hy tin-

iian -f tin- lifT< : .IK-IK-.* nf tin- ailinini-

traliu. aii<i ly that of tin- Army anix

-

tin-

-al.i: 11 civil ami mil: ticer* an-l

'li:it m.ty i n-'l in , teuce of

.linl.-,! with roiintu -nrh

ipliturt-. wh.-th.-r ti : t

.ini: into fon-r nf tin- pri'*-nt C\ni*titutin

*ul*-(jiinit

t< it. -hallho regarded as

\p-inlitmv* .iln-aly tix-| at tin- tiim-

"i tin- UinlLift intn tin- I >i r

"Siu-h

i;iyhavr ai

thr -\JM-I.- HOIM tb 1

annual all- - an<l nthrr niisculhuieoii^ all-

Inwaix. usions, aiiiuu

88 anl *ala iin-l hy thr nri:ai

:!i-i- il. -t. rminr.l hy law. ami nth- lUKS

iitiuvs tliat apjHrt

to thr K'âl nhligatinim of tr in-



L4fi

elude tin- intere-t on tin- national delt. redemption

of the same, -uh.-idie- 01 guarantees tO companie-.

expenses ncc,v--itated l.y tin- ci\ il ohliâtion of the

eminent, compensations of nil kinds and the

like.

The ( 'oll-titUtion and tlir law Jin- the hi.Lihe-l

uuides for the conduct of administrative andtinancial affair-, and the State, in nrder in accom-

pli-h the ohject nf it- existence, i\\\\-\ accnrd tin-

>u]rcinacy to the Constitution an<l the law. and

>uhject adinini-ti-ati\e and tinancial atTaii'- to th<-

((ntrol of the t\v. Then-fore, in taking the

liudiiet into coii-i<leration, theI

Met. faithful to the:ind the law. must make it the rule in

the -upplies that may he required hy the

national institutions established l.\- the ( 'nnstitu-

tin and hy law. Also, all exi-tiim contracts and

all civil Mild M!! other ohliuat ion- equally heget

1

iH-cessityfor

>upplies.\\"ere the I>iet, iu

VMtiiii; the Budget, to reject entirely >r to reduce

in amount any of the expenditure- ha-ed hy the

( 'on-litution UJH.H the sovereign powerof the

Kinperomr any expenditure neces-itated hy an ef-

fect of law or for the fulfilment of le.âl ohli.uat ion-.

-ue!i pi-ocee<liim -hoiild he regarded a- subversive

of the exi-tcnce of the State and contrary to the

fundamental principles of the < 'oii-titutimi. Frnm

the wording "already ii :xed expenditures.

"ItlStO

bood, that in regard tn new expenditure-



increase of .-XI-INI-J !.-. though hated

upon tli.- -o\, n-inn powrr* of i| H .

may ha\t- tin-JM,\\,

i t..fiv.-ly oS-lihtfrateii,

tin-in. tho*-

based hy tin- < 'on-titun.n UJN.H tin- -ovi-reign

of tin- I ul tin.- !ia\- :n

fithi-rl-y

tin- from tin- neC6t;fulliliih-ut t.f l-mil ..hliniitiMi \\itli tin- -

uf th. '

lit. In-IVJrrti-.l Ulri-il in

amount ,,r >thT\vUc m<..lit'r

\-ii rk l.y\I

Beaulim:"T ji-l;iti.i .in* llii*

important nMrirtii.n ujM.n the powerof tin-

lai;, that tin- iv:i*ly

liiiL'. for pnhlir in-ijtuti,,. iiioaflCH wi.

n-hn-tion* \v,.nll I..- of a natnn* to n-ml-r

ration* of tin-.- in-tilution- ini|M.s>ihli

th tin- t ,,f thr Crown." In

ral of tin-<

i.-rman -t:itt*>. the CoiUtitutitm-ont:iiu-

JM j nnl.olyiim tin- principli- that

1'arliann-nt can n.'1

become necessary in r..n--.jn. -titutimial.

legal or rivil nhlimr h aj

> i-

found in Ait 17.: ,,f tin- Constitution .f Iliaun^h-

h. in : that of < MoVnl.iin:. in

in Art. >l of i

M !iinL:-N. In Art. -Jo:; of t! itimi of

< M.-nluri:. it i- p janl to

litun-> iift-t. t- rn-



lit

,1. 90 l< 'T tin- ol r which

they have hern voted exists, cannot, without the

con-cut f Parliament, increase the amount thrre..f.

nor can Parliament entirely reject or reduce their

amount without the consent >[ tin- ( Jovernment .

Thrsr pnu-tirr-. \vliirh rrniiiin tn tlii- <lav aa

<-u-t<ni- <i]presfi j-rnvi-inn- of law.

with tli- / development of the prinripl.

ihc -ciciicr t.f 9( Tlii- inattci1

has IMTJI

here for th'

reference.

ARTICLE LXVIII.

In order to meet special requirements, the

Government may ask the consent of the Impe-

rial Diet to a certain amount as a Continuing

Expenditure Fund, for a previously fixed num-

ber of years.

Tin- expenditures of the State are onlinarily to he

1 yearly, for the afl'air- of the State an- in a

iition of con-tant activity and motion, and

cannot he managed according to a fixed standard.

<

'oii-e<juently.the -aine amount of national

pemlitnivs cannot he continued from one year to

another. I>ut in the present Article, exceptional

specialf necessity.

In virtue of Mich provision-, a certain portion of



il \|H -n.litiiri-fi, and

inrnv- f..r . .ufiicturen and

likr. thai nil y-ar* f

lli tin

ARTICLE LXIX.

In order to supply deficiencies, which arc

unavoidable, in the Budget, and to meet re-

quirements unprovided for in the same, a Re-

serve Fund shall be provided in the Budget.

In tin- pivsriit Artirl.-. pi-! for a

111(1 nut nf whirh to Mlpj

inti milt. i.. :.Nmi|

t> fnrth. that

nlitmv> nvrrpa-Miiv: tin- ap|.n.|.ri;i

f

.

tin-

P.uiip-t nr'

n.it pmvidril fnr at all tl

shall riMjuin- tin- *uh- t

M|U-ut appr.\:il ..f tl

in that Article. n> pi i i inaiir ;v t. tin-

Bcmroe whence soob outlay U*DCC

; tin-

present

Art

\i ) In lli'lhunl. a ivservi- fmnl nf :I.INMI

;ll..\\,-,i i,, ,-.i,-h : !:. ni. beriden

annthrr iv.rr\v fuii-i "f .1 likr aiimuiit t tin*

inrht il: 'It nf whirl) tn -Upplv tin-



deficiencies in tin- item- \>trd upon. In tin- Ita-

lian Law of Finance, of 1^'>'. it i- stated ili:it a

reserve fund shall hej>n,\ ided hy tin- hud-el ; and

hy the same law two MUM- an- provided, out of

which to supply unavoidaMe deficiencies in the

I'.udêt. One of thr sums 0,000,000 franc*

intended for expenditures consequent upon ohr

tion- and derives, while the other one ( l.mn.nuu

franc-) is reserved for othei- e\ [n-nditun-s that can-

not he foreseen. The \\\^\ kind of reserve fund is

to be disbursed by the Minister of Finance, after

he has had the fact- registered in the I.oard of

Audit: in regard to the second, lie lias to hrin-

the matter to the consideration <f the Cahinet.

and after its concurrence ha> heen obtained, the

fund shall he made use of upon issue of a IJoyal

decree. Iii Pru->ia. a reserve fund i> provided for

each and every 1 >epartinent of State, and in adli-

tion. an extraordinaryre.-erve

fundi- >et

apartin

the Department of Finance. These reserve funds

ai-e provided for the purpose of supplying the

d ficiencies of the Uud.uet and of meeting the

requirement- not provided fur in it. In Sweden,

two kinds of reserve fund- are provided from tin-

receiptsof the National I >eht Uureau, for meet ini;

the requirements of unforeseen cases. One kind

is for national defence and other important natio-

nal exigencies; while the ..ther kind is for

in time of war.



117

ARTICLE LXX

When the Imperial Diet cannot be convoked,

owing to the external or internal condition of

the country, in case of urgent need for the

maintenance of public safety, the Government

may take all necessary financial measures, by

means of an Imperial Ordinance.

In the case mentioned in the preceding

clause, the matter shall be submitted to the

Imperial Diet at its next session, and its ap-

probation shall be obtained thereto.

Tin- i; tti.'n ... nielr i- amply

furiiMir.l i'Y tin- ivmark- ma-l.- nn-i.-r Ar

VIII intoMinY: h. present

iii'l Article \ IIIis,

that in the case In

n thr lattrr. \\hrn th- hi'-t i-

d be call.-l. \\liili-

in tin- ra-r ..f tin- pn-srnt ..in-, an -\traonlinaiy

seeBion iv, 1; t Q in thi-i-.i-.- ncces-

saiy measiin-- may )>* taken \\itlmut tli.- rohsent of

thr hi, -t. \\ht-n the oonvening of ao extncmlioaiy

session i- ini|H*.ilili- ,.n arr.Mint -f ^.n,,- , in-iun-

nf a ilnn>! nature. Mrv

aiiliiHi i- taki-n in tin- r.i>4- of tin- present

i n-latr- to tiiiaih-ial ailn,

'thr necessary tinanrial measures" n



148

tioned in t! ,

8, is tO IK- undrrsi 1 iho-e

mra-mv- which, though hy llicir r.atinv t h-\

quire tin- c..n-ei:t nf the legislative assembly, are

taken without it in cases of urgency.

What would he the . ienee>. were tin- 1 >n I

to ri'fu-e in give it- approval t-> >ueh tinaneial niea-

-un in oasi '.tail future

obligation- upon tin- National Tn-a-uryV Tin-

withhohlini: oi approhal ion hy th- I >irt refers only

to the eontinur*! eHieacy of the nira-urr- in(j

tion. and <hall not possess th- retrospective -tTect

of annulliiiL proceedings (as ha- heen already

fully cxplaiiKMl under Art. VIII). Tlien-loretin-

Diet ran \\< 1 the ohliizat io n > ,,f il, r ( lovem-

nient that have arisen )>yeffect of an Iinpei'ial

Ordinal The necessity of resort the

meaMiiv- in <|U'stion woul<l occur only in tin;

great national calamity. ><>. hy the pn-mi Article

a formalrecognition

ha- been j/iven of tin- measures

that may hav.- Keen inipci'atively dnnanl'd for

the ]>rot<-ction oi the national existence, while a!

the -anie tiinc due importanec ha.s IHM-JI alh-w.-d to

the right- of the 1 >iet.

ARTICLE LXXI.

When the Imperial Diet has not voted on

the Budget, or when the Budget has not been



140

brought into actual existence, the Government

shall carry out the Budget of the preceding

year

it will t!i. -i. ho*

Wli.-h

it will IN*

into iii-lual

tlirr. wh.-n tiir IM.-I ha** tuoii

fill; -r wln'11 tin- 1 I

\ -1. b in. il "! liiw

beei upMii n. :lmt will iia\ n-

intil tin* ii

\Vln-n tli.- 1 >i.-t ha- not

tin- fl hot IMH-H }:

M-. t||f

destnu-ti'.n nf th< n:itJMti;il

lift :y/ati..ii ..f

f

l

IKTV .f

alniini-tratioii. In tl.^

-.: thr

,nl iii

<lil f.r thriM- jii.>utli* Tin-

san ---I il- di- i

getin it-

iitiivtyin tli- Par! ; in-.

BUI -Urli

intiii--

are takm a- tin- l-a>i- of t

it i- inr..!M|atihli' \rith a |litv Uk'* "'r- I



100

.ntry. mi^'lit was >nce allowed in decide

in Mich case-, ami tin- < invermnent carried ,.ut ii<

financial nira-mv- at it- pleasure, in -pile of the

-eiitiment- nf the legislative assmiMy the

in I'm ia fmm 1 ^','J tn IN'.I;). Such a pWC-

\er. i- anninalous and i- imt propel

irnin a eoii-titntinnal ]nint nf view. In the Con-

-titntinn nf \]\'\< c(mntry. after enii-iderat inn nf the

nature nf the national polity and a view nf the

matter frnni a theoretical -tandpnint. it haft been

-ettled that the I'.lldêt nf the pl'ee.-d i 1 1- v.-;i!' -hall

be adopted a- a mea-ure nf la.-t resort under

eii-einn-tance- like tlm-e al OV6

ARTICLE LXXII.

The final account of the expenditures and re

venue of the State shall be verified and con-firmed by the Board of Audit, and it shall be

submitted by the Government to the Imperial

Diet, together with the report of verification of

the said Board.

The organization and competency of the

Board of Audit shall be determined by law

separately.

Tin- I'mL'et i- the Jir-t piece nf \V< tin;



151

I.U-JIH--V \\i il account* are

tin- rout-In.: i if the tan*- i re are

which (In I

trial ..jMi.iti,, i. tho other

a Mil-enient eontri'lI'.y |M-celin;: eontr,

l " mi.!- I .-{ \\lthh.. M-

! I- tin- P,U.|L'I for tin- coming Aacal

iiil.- i'V Bul)MM|ii'-nt ..]iti..l i- iii-ant (In-

; vrrifyin^ tin- *tali-nn-nl of JUTOIJMN .if th.-

post fiK*al i i >tili!ni-ii>h t

Kobteqtifiit

roiitn.l. tl ha- the .hity f la

il.- tinal ar ..imt- that have already

nn.i ihi- I'munl of Anlit.

together with the i j-it th<rtin of tl

Hoai 1 .

Tlie fillirtii.ii- ..f the U. M nl .f Aihlit e..n-.

the \oi f the aooountanto

of the ilitTereiit hranrlics of the administration, and

in li-4 fr'in n--|.on-ihility : vcxNhUy,

in round iMirt of the autlioritiee

!

....... .11- th.j...\\

. -r oi m ::I<L; \\arranl- 00 *'

M! in .\aiiiinatiou a- to \vheth r -T not

tlu-ie 1 ii-hurM-nient overpaariog tli

lat.-.l a||ro|iriatim. any \)-mlitiin^

ilel fi.r in tin- r.u.L'' t. or anyit

in

vioi ..lp t .r .f any law

1 < Mtlmancc; thirdly, in

the ..tint- of t! \ .-aMirx and

i final acroiint* of i:





1

i; vn

SUPPLEMENTARY RULES

ARTICLE LXX1II

When it has become necessary in future to

amend the provisions of the present Constitu

tion, a project to that effect shall be submit

ted to the Imperial Diet by Imperial Order

In the above case, neither House can open

the debate, unless not less than two thirds of

the whole number of Members are present.

and no amendment can be passed, unless a

majority of not less than two thirds of the

Members present is obtained.

'i'li ii |"-i-.

:

mined: ! 'V tin- KlnprlM! ii! onfnrillity \\illi

in-tnu'ti.m- tran-iiiittil t Him \nces-

.iii. 1 II

an imnmtal'lr

present MI; ,n,i th.-ir ,!,. ill obeyf

lir r^srntial h.'.t.i, S-i of thr

r,,n<tituti.iii ÎmiiM unilrri:" n altrnili

^ a.lvai. .inly \vli n :! H m 1

nmny \vitli thr :.. tual n-.-. iti-

thr fuii'lainrhtal .-li.r -f MM- national



l.M

polity i- to cont inue unaltered lor all

yet it may he,:

| some time in the

future, to introduce more Or lesfi modification-

in the Irs- important part- of tin- political institu-

tion-, so as to keep them in touch with the chaim-

inii pha-e- o|society, The pre-ent A rt icle does

not prohihit the amendment of the provision- of

tlii- ( 'oii-t itution at -nun- future time, hut e-tahli.-h-

es certain special condition.- lor the operation.

\Vhy i- the draft of a propo-rd ainendnieiit of

the ( 'on-litution to he suhmitted to the I >iet hy

Imperial< >rder. \vhile tlie project- ol ..rdinary law-

haveto l>e laid hefore the I >iet

hy the Governmentor initiate*! hy the 1 )iei it-elf

vIJecausc the ri.irht of

makinir nmendment.- to tlie C\n<t itut ion mu.-t

belong to the Mmpernr Ilim-elf. afi he i- the sole

author of it. If, it may he asked, the power of

amendm<-nt i- voted in the lumper.. r. why i- the

matter to be submitted to the Diktat all? Km- tin-

reason that th.- Km per- at desire i- that a

jjreat law. win -tahli-hed. -hall he oh<

1-ythe Imperial I-'amily as well a- hy Hissuhjeet-.

and that it -hall not he changed hy the arhitrary

will of the Imperial I-'amily. The ordinary mode

irrivini: at a decision hy a majority of vot(

the Memher- present, i- not practised in thi- mat-

:ice and a majority of at least two-

thirds of the entire numl.er of all tin; Memho

required 1 doinir (in each Ilou-eh for the



"II that tl

in ivpir.l ', .Mituti.

\l>! |'i'.\ IMOHH of tin- pp---

Artirlr. it ; -I that \vhm ;i for

tin- aim-mi;

ii MI!. i. .in. -<| to th- ili-liU-ration , ,f t:

tin- hit?' t.ik* a any matt,

than what i- ,ntaim-l in tin-JM

i t-.

it. It i- furthrrto ht iiifTn-<l that tin- I >i-t i- not

allowril t> th. p-triftion ..f thr

. \rtirl.- l.\ l;i\\ that may lip--tl\

imlinrtly atlrrt any of th.- |.rinci|.|.-of tin- ;

'oii-tiiution.

ARTICLE LXX1V.

No modification of the Imperial House Law

shall be required to be submitted to the delibe-

ration of the Imperial Diet.

No provision of the present Constitution can

be modified by the Imperial House Law.

ll<>\\ i- it. that \vhilr tin- votr of tin- I >i.

liro mirlliiim-llt of thr ( 'olJ-titll'

a nioli!irati..n "i the InijM-ria! llou-r Law al-

needs no submimon to it'/ simpi ilu-

lin|M-rial lion-.- Law i- onr that ha> IMM-II

tl'l hy thr IinjM-rial Family roiirrniiiii: tln-ir -



- li' relation t<> tlir ivcipr

fca and dutie- of tin- Km)

.. Tor ,, r ,,f HU -uh;

ieh other. A nilr hy which a modi-

ti'-ation of tlu- Imperial llou-e Law i- required fco

-'ii>mitted to the Imprrial Kamilv ( oiim-il :mi

to the Privy ('oimril oii^ht to IM- mnition.l in

tin- Iinju-riai Eouse Law it-rlf. l.ut needs have nomention in tin- ( 'n>titution. Siu-h a

|>i-o\-iîonis

i-.liiiLilyomitttMl in tin- prc-nit Artii-h-.

P.ut. -hould modilication- of tin- Imp-rial 11-

Law !c -utTcrcd to rithrr diicctly T indii-ccily

l.rii .

'

any alteration of tin- pivsnit <'on-titu-

tion. tlir foundation- nf tin- latter would not In-

from r.\pn>urt to dotrurt i..n Armrdinuly.

in tin* piv.-rnt Article care ha- l-en taken to

't'lish a -p(M-ial -afe^'uard for the ( '..n-t hut ion.

ARTICLE LXXV.

No modification can be introduced into the

Constitution, or into the Imperial House Law,

during the time of a Regency.

The institution of a Ilenency. is an

- nv and not an ordinary e>ndition.

Thu>. altliou.ii-li a Keuent i> entitled to exercise the

right of rciixnini; over and of ôvi-rniim tin- country

:' he were Kmpcror indeed, yet he U not



167

.

Of of tin- Imp'-rial H"ti- I I tin- fn;

nirhtal lau m<l 'f tin- Imp, rial ||.. ,-,

Ii- "Mi'

Regent, \vhirli i* in it- natim- |>r<'Yi*i<nal. n

thrrtit.

in tin- Ki!i:i* III-

f rlT--iu;iliiiL: th urt-al \v.rk >f making an ain-nl-

im-nt I., anv f tli- .

ARTICLE LXXVI.

Existing legal enactments, such as laws, re-

gulations, Ordinances, or by whatever names

they may be called, shall, so far as they do not

conflict with the present Constitution, continue

in force.

All existing contracts or orders, that entail

obligations upon the Government, and that are

connected with expenditure, shall come within

the scope of Art. LXVII.

.lu-t afh-r ihi- timr f tin- I; lion, law- ami

1 mnlT tin naim

i

(Imperial Prurlamati.-:

V.litirati.-i. ( in tin- l:5th ..f tl

liKHltll of tlir i llli-



158

I-

tin- proelamat i<n ni'lau-

and of regulation-

to the system then e-tahii-

-h-d. tin- expression l-i it he

proclaimed') wa- u-ed in llic case of laW8 Mini of

regulation- issued hy tlic Central Administrative

ncil (<iii<^'i-Linui\ while thr expression w<

'

(let

it he iiMtifir.i )

meused in tin- eas<

:ho-<- i ned hy the li\'e r.nnnl- (those "f Shrill.-.

I' Fin;nici:il Afl'Mir-. <>t' \\'MT. of Foreign

M11<1 .f Ju>tiee). Mild hy CltieS Mild

linju'rijil ProclMiiiMtioii- (M.Dc.Tiiin.L: niattris within

the sphere of either >r the live I:ird- ju-t men-

led or <f a City or ol M 1'iviWtmv. were iii-^t

drawnuj) in th<- Tx.Mrd. City or Pn-1'eetuiv oon-

cemed, and tlu'ii snhinittel t<> the Central

Administrative Council, whence they were pm-

elainuMl after the opinion of the LcLM>lative ( \nncil

i.irun) liad heeii ohtained theivmi.|',y

an

Instruction dated the Nli of tin- 1 -t month nf the

r>th year of Meiji (I-'eh. 15, L872), it raa settled

hat all linprrial Piodamat im- and I ><-partnieiital

Notification.- -hoiild in future he numhered. l-'roin

hat tiiiK- also a clear distinction heâii to he made

'etwcuMi Pi'oclamalioii- and Notification-. \\y an

In>ti-uctioii of the IStli of the 7th month of the i;th

year of Meiji (]s7:;) : , distinction was made !><-t\\

fhose Proclamations, Notifications and Instruction-

that had to he posted in puhlic place- and those

that need not he; and al>o ditTep-nt concluding



uses wen- - tt' .tinned dif-

U of Prorlan. and

Tin.-.- i I IreHHed t<> tin- < ;..v.-riiiii-iit

8fl :md to otlir; with tin- i

<:|>res-

aho\- i- ii

'In- alnivf mil-- rne

in inimi). TlnM* intrinlM| fr :ij>|lirati.u !.

.nintry. r..iu-ln.I.-.| th

above i- hrivhy pmrlaiin.-il); and in those

allr088ed to Nl.l-- anl t. >lii/.ku (dOD<

Iniin- "i't.-inpl.

mint, kini*lu: ( ;tl .\ ,

laiim-<! m.iShi/.iku),

\va> roiitair

T ill'" '\|UV~-

i- pr.M-laininl .f >liriiu>

-). l-'inally. it \varttlrl.that th,,M ' alln

rinnrht tl I t" nf!'n-ial>. IHMM! not

n puMirpl aoea Thi- \\a- tin- lir-t

that a ili-linrtion has .

I'rorlaniat: ..ph- in m-m-ral ami In-

Mru rnin.-nt otlices. In tht- PJth

month of thr i : Mriji ( 1^>1 ). tin* form-

of Imprrial Prorlainatin> and f Notitirat.

1 It wa- prvidtMl that Imp-

lamation- wonld IM- pn.mi: in tin- fol-

Io\\

iinunn.i

r,

I



ir.o

the<

'hancellor

of tin- Kni|.iiv. with the joint Signal ure or si^na-

i! .. Minister <>r Mini-ter- ,.f State con-

cerned. <>n tlir iil'd of tin- -ailie Iliolltll. il Wafi

-ettled hy Impeiial Proclamation, that law- and

regulation- -hould thenceforth he promulgated hy

ImperialProclamation, lut that all reûlation-

hitl:- .

1-ythe difiVivnt I )r)artnirni

-

Slate. \voull thenceforth lie i u-l hy the ( 'oiincil

Tims the practicr ,,f [gguing N >t iiica! ion.-

ihe lilTerent 1 Depart 1 1 ient- of State \\a-aholi-

-he<l. aixl in its -tead \va- in-tilute(l the on

appeiulint: t" Notification- the jnint

rignaturee

of

the different Minister.- of State.I'.y

the Inij.crial

o[ the L'fith of th- '2\\<\ inontli of the

i Meiji(1886), it was |U'oyi<le<l that Jaw-

and Imperial Ordinance- would !> promulgated

\vitli a pivamhle: that after the Imperial Si-n

Manual had hcen ohtained. the Privy Seal would

.illixed. and lastly that the Mini-ter rre.-ident

of State and .the competent Mini-t-r or Mini-ter^

-tate would ..ppend their countersiirnatmv

the document : and that ( 'ah'met < h'dinance- would

--ued hy the Minister President 'f State and

Pepai-tmeiital ones hy the respective Minister

State-. 'I'o recapitulate, the expressions Goaata-

sho, fiikoku and nit<it*u which had for some time

been used after the Ke-toration. to designate

puhlic document- i--ued hy the < Jovernmeiit. were



161

the

liutlliv .f t:

drawn u|.< >n tin- other hai.

that \\.-ntl.y

tin- name

rilsH-kfryu or tin-

imina!

!

the(

lAW), of/ I'ress Law),

of i tin- Revised

ilnal ( /.wA-ii (like F' /sobi

ity an<l I' Ui'tfiil

ha\ tin- \v!

pec>ltht-iii was of: moiv imj.

than aiioth.-r.I'.y

t; 1m-

il ( M'dinaiH-r of tin- \ "iitli of

f Mriji (l>sr,V tl,,

of'

law'

and of"

In

ailoj,!!. hut ! "tiM hf

il as law and what a- Onlinancr. no

vn.

In tin* orpini/ation of tin-^

issued in

>th U i (Ib7.r

vidt-d that

>hall hold (K-lihcrations on i

of iit-w laws and ujts of old ones.

It is also 1'i-ovidrd in t 1 Ordinance of

Ji'.th of tin- 'Jnd nu.nth of thr l'.th year of

ji (ISSCi). that proj laws which are

-ul'inittrd to thr drhatt* of



I (Inn.- .

Hut.since the <

s th year of Meiji (i^7~-

; which of the Imperial Proclamation^ had the

nature of law. -ntly the limit- of the

'dative functions of the :* mained

very vaizue and nn d. -lined (aait wa- remarked hy

tin- Senate in it-

rep

; to tin-

Mmju-roron the 2^ni of tin- 'Jnd month in the 1 1th

Mriji. 1878). Since tin- P.'th y.

small number of Imperial ( )rdinane- have 1

suhmitted to the delihurations of the 5

The fact is, that until the Constitution comes into

effect, a law and an Imperial Ordinance shall he

and the -ame tiling in reality; CO ntly no

di-tinctinii e;in he made a- to the 1-indini: force of

laws and of Ordinances, on the ground of a dif-

i ice of appellation. In tin- r an analogy

may he drawn h'-tween law and ordinance on

one hand, and fukoku (Imperial Proclamation)

and '

(Notification) of the years previous to

the I'.'th year of Meiji (1886), on the other: at

times there fflrafl a difference hetween fnl-'tl-K and

futatsn. at others there w;i

Therefore, we must look to the e-tahli-lm

of the Imperial Diet for the drawing up of <

di.-tinctions hetween laws and ordinance-, accord-

ing to the provisions of the Constitution. Hut

until its establishment, neither the name, win

law, regulation, ordinance or what not, shall he-



1

ii a- I It- for dftrrminiiitf the

iin] <mU as efficacy. All

enactments th been passed shall

nding force, despite their d of ap-

ttion. lint, with regard to Midi i-na-

as in in conili,-- with th -ions of

present<

iition. thr whole or any part of

shall lose its effect from tin- day on

which the (Am>titution conies into force.

Of the enactment < of f iys now in force

and to remain so in futmv. some of them would

form of law*, wriv tla-y to be

\v

according to the provisions ofConstitution. (1 ihr Conscription

nl law coiierinin^ taxation,

,

I.) To make these enactments of the

past conform to the provisions of the Constitution

by giving them thr form of law. would however

beattaching

too much impor ^ mere forms,

and it wiuld be a useless trouble to do so. It is,

ofore, provided, in th. present Article, not

only that exiting laws, ordinances and regulations

shall possess binding force, but also that such

enactments as are required by the Constitution to

be promulgated in the form of laws, shall possess

th. same force as law- \Vh.-n it has become

necessary in future t amendments of such

enactments, the amendments are to be carried out

as laws, notwithstanding that th



i.-nt in question ha1

IHCH pmmulgatC'1in the

form f Ordinance or of Notiti<-aii<m.



AI'l'KNDIX.

la thow Commentary* M originally writUo. no text baa been

of the Imperial Houe* Law, of the Imperial Oath and Speech nor of UM

Uwt and Ordinance thai WM iwwd at UM time of tbo promulgation of

UM CoMUtotiou r luUtor ha. thought it ezfMdiant to inatrt htn

in an AppnulUt for th conf*nine of ra<in and for their nfarBQ

thmto. an Kntfliah tertion of th MOM bjr the ma hand, and poblkbad

vimulUneMtalj with tht promulgation aforementioned.





IMPERIAL OATH

AT THR

SANCTUARY OF THE IMPERIAL PALACE.

We, the Successor to the prosperous Throne of Our

Predecessors, !> humbly and solemnly swear to the

Imperial r of Our House :. >r other Imperial

stors that, in pursuance of a great policy co-extensive

with the He th, We shall maintain

secure from decline the ancient from of governor

In n <>f the progressive tendency of the

course of human affairs and in parali the advance

>t, in order to give

clearnes ness to the in>t , bequeathed

by the Imperial Founder of Our House and by Our other

Imperial Ancestors, to establish fundamental laws for-

mulated press provi<v law, so that, on the

one band, Our Imperial posterity may possess an express

' for the course they are to follow, and that, on the



168

other, Our subjects shall thereby be enabled to enjoy a

wider range of action in giving Us their support, and that

the observance of Our laws shall continue to the remotest

ages of time. We will thereby to give greater firmness

to the stability of Our country and to promote the welfare

of all the people within the boundaries of Out* dominions;

now establish the Imperial House Law and the

Constitution. These Laws come to only an expos;

of grand precepts for the conduct of the government,

bequeathed by the Imperial Founder of Our House and by

Our other Imperial Ancestors. That we have been so

fortunate in Our reign, in keeping with the tendency of

the times, as to accomplish this work, We owe to the

glorious Spirits of the Imperial Founder of Our House

and of Our other Imperial Ancestors.

We now reverently make Our prayer to Them and to

Our Illustrious Father, and implore the help of Their

Sacred Spirits, and make to Them solemn oath never at

this time nor in the future to fail to be an example to Our

subjects in the observance of the Laws hereby established.

May the Heavenly Spirits witness this Our solemn Oath.



IMPERIAL SPEECH

PROMULGATION OF THE CONSTITUTION.

\\ hn, is \\V make it ti heart to

behold theprosperity

of Our con re of

subjects, We do hereby, in virtue of the supreme

powt-rV. t from <

icestors, promul-

gate the present immutable fundamental law, for the sake

.r present subjects and tli.-ir descendants.

i.tl Founder of OurHouse

andOur

<

Im|> -esters, by the 1 [>port of the fore-

fathers of Our subjects. 1 lation of Oui

upon a basis, which is to last forever. That thi> i>nlliant

achievement embellishes the annul-, of Our country, is due

to theglorious

virtues of

OurSacre i il

Ancestors,

and to the loyalty and braver r subje love

of their country and i>lic spirit. Considering that

Our subjects are the descendants of the loyal and cood



170

subjects of Our Imperial Ancestors, We doubt not but

that Our subjects will be guided by Our views, and will

sympathize with all Our endeavours, and that, harmo-

niously cooperating together, they will share with Us Our

hope of making manifest the glory of Our country, both

at home and abroad, and of securing forever the stability

of the work bequeathed to Us by Our Imperial Ancestors



o I iuper.> ue of Japan, enjoying the Grace of

Heaven and everlasting from ages eternal in an unbroken

)f succession, has been transmitted to ugh

successive reigns. The fundamental rules of Our Family

were established once for all, at the time that Our

Ancestors laid the foundations of the Empire, and are

at this day as bright as the celestial luminaries,

now desire to make the instructions of Our Ancestors

more exact and express and to establish for Our posterity

a House Law, by which Our House shall be founded in

everlasting strength, and its dignity be forever maintained.

iiereby, \vitl: of Our < \ uncil, give

Our Sanction to the present Imperial House Law, to

serve as a standard by which Our descendants shall be

[His Imperial Majesty's Sign-Manual.]

[Privy Seal.]

r' the Mr.



THE IMPERIAL HOUSE LAW,

CHAl PER I.

\i. TIM;-

D i.i. i.

The Imperial Throne of Jaj 1 be succeeded to by

male descendants in the male line of Imperial Ancestors.

[OLE n.

The Imperial Throne shall bo succeeded to by the

Imperial eldest son.

nti.i: in.

When there is no Imperial eldest son, the Imperial

Throne shall bn succeeded to by the Imperial eldest

grandson. When there is neither Imperial eldest son nor

any male descendant of his, it shall be succeeded to by

the Imperial son next in nge. and so on in every succ<

case.

[OLH iv.

For succession to the Imperial Throne by an Imp

descendant, the one of full blood shall have precedence

over descendants of half blood. The succession to the

Imperial Throne by the latter shall be limited to i

cases only, when there is no Imperial descendant of full

blood.

When there is no Imperial descendant, the Imj <

Throne shall be succeeded to by an Imperial brother and

by his descendants.



there it no -il brother or descendant

of bis, the Impei no shall be succeeded to by an

i orial in: scendants.

.!: vn.

\V. i Imperial uncle nor descen-

>ne shall be succeeded to bythe next nearest : the rest of the Imperial

in

iong the Imperial brothers n: Imperial

relations, precedence shall be snme degr<

the descendants od over those of hilf )>lo .:

to the elder over the \

\Vi suffering fi ible

disease of mind or body, or \v tote

of succession may be chun^-d in accor-

dance with tbo forta

oinK provih e of

the Itn|)criil

Council and with that of the Privy

II.

I pon the demise of the Emperor, th Imperial i

shall ascend the Throne, and shil! acquire the Divine

Treasures of the Imperial Ancestors.



171

:

xi.

The ceremonies of Coronation shall be performed and a

Grand Coronation Banquet (DaijOsai) shall be held at

to.

.11.

( l>on an ascension to the Throne, a new era shall be

inaugurated, and the name of it shall remain unchanged

during the whole reign, in agreement with the established

rule of the 1st year of Meiji.

CHAPTER ill.

rORITY. INSTITUTION OF EMPRESS A

OF HEIR-AITAR!.

! ICLK XIII.

The Emperor, the Kutaishi and the Kotaison shall

attain their majority at eighteen full years of age.

ARTICLE xiv.

Members of the Imperial Family, other than those

mentioned in the preceding Article, shall attain their

majority at twenty full years of age.

ARTICLE XV.

The son of the Emperor who is Heir-apparent, shall be

called"Kotaishi." In case there is no Kotaishi, the

Imperial grandson who is Heir-apparent, shall be called

" Kotaison."

ARTICLE XVI.

The institution of Empress and that of Kotaison shall

bo proclaimed by an Imperial Rescript.



CHAPTEK i

STYLES OF ADDRESS.

ARTICLE XVII.

of address for tl>< Kmperor, the Grand

resa Dowager, the Empress Dowager and of the

press, shall be Hit. or Her or Your Majesty.

ART .III.

M Kotai consort, the Kotaison and his

consort, the Imperial Princes and their consorts, the

Imperial Princesses, ices and their consorts, and

cesses shall be styled 1. . Their or .

nfss or Hiyhnfa&es.

CHAPTE1;

HEGEN

When the Emperor is a minor, a Regency shall be insti-

tuted.

When He is prevented by some permanent cause from

personally governing, a Regency shall be instituted,

the advice of the Imperial Family Council and with that

of the Privy Cou:

The Regency shall be assumed by the Kotaishi or the

ing of full age of major r



When there is neither laison, or when

the. 1\ aison has not yet arrived at his

majority, the Regency shall he assumed in the following

order :

1. An Imperial I'lim'- or a Prince.

J. The Empress.

The Empress Dowager.

1. The Grand Empress Dowa{_'

5. An Imperial Princess or a Prinr

uz.

Iii case the Regency is to be assumed from among the

male members of the Imperial Family, it shall be done

in agreement with the order of succession to the Imperial

Throne. The same shall apply to the case of female

members of the Imperial Family.

AKTICLK XXIII.

A female member of the Imperial Family to assume the

Regency, shall be exclusively one who has no consort.

ARTICLE XXIV.

AY hen, on account of the minority of the nearest related

member of the Imperial Family, or for some other cause,

another member has to assume the Regency, the latter

shall not, upon the arrival at majority of the above

mentioned nearest related member, or upon the dis-

appearance of the aforesaid cause, resign his or her post

in favour of any person other than of the Kutaishi or of

the Kotaison.

ARTICLE XXV.

When a Regent or one who should become such, is



177

suffering from able disease of mind or body, or

v other cause exist* therefor, the order

Regency may be changed, \\ith the advice of tbo

that of tbe Privy

Coui

CH.MTKK \

KIINOR.

ARTICLE X

Emperor is a minor, an Imperial Governor

shall be appointed to take charge of "ging UP a"d

s education.

VII.

Incase no Imperial Governor has been nominal*

tbe will of tbe preceding Emperor, tbe Regent shall

appoint one, v.ith tbe advice of tbe Imperial Family

Council ami it of tbe Privy (

ii.

. the Regent nor any of bis descendants can be

appointed Imperial Governor.

Tbe Imperial Governor can not be removed from his

post by tbe Regent, unless upon tbe advice of the Imperial

ily Council and upon that of the Privy Council.



178

\I-l EB VII.

;i.v.

.

The term"Imperial F.ituily

"shall include the Grand

Empress Dowager, the Empress Dowager, the Empress,

the Kotaishi and his consort, the Kotaison and his consort,

the Imperial Princes and their consorts, the Imperial

Princesses, the Princes and their consorts, and the

Princesses.

AIM [OLE XXXI

From Imperial sons to Imperial great-great-grandsons,

Imperial male descendants shall he called Imperial

Princes;and from Imperial daughters to Imperial great-

great-grand-daughters, Imperial female descenda:

be called Imperial Princesses. From the fifth generation

downwards, they shall be called, male descendants,

Princes, female ones, Princesses.

[OLE X\

When the Imperial Throne is succeeded to by a member

of a branch line, the title of Imperial Prince or Imperial

Princess shall be specially granted to the Imperial brothers

and sisters, being already Princes or Princesses.

ARTICLE XXXIII.

The births, namings, marriages and deathsin the

Imperial Family shall be announced by the Minister of

the Imperial Household.

AKTICIJ: \xxiv.

Genealogical and other records relating to the matters



mentioned in the prec*l iiall be kepi in the

Imperial archives.

The members of the Imperial Family shall be under

the control of the Kmperor.

ART;

When a Regency is instituted, the Regent shall exercise

the power of control referred to in the prece/i. le.

Alt. II.

When a luemher, malt* or female, of tin- Imperial Family

is a minor and has been bereft of his or her father, the

officials of the Imperial Court shall be ordered to take

charge of his or her bringing up and education. Under

certi instances, the Emperor may either approve

the guardian chosen by his or her parent, or may nominate

:it

The guardian of a member of the Imperial Family must

be himself a member thereof and of age.

iOLE xx

Marriages of members of the Imperial Family shall be

restricted to the circle of the Family, or to certain noble

families specially approved by Imperial Order.

Marriages of the members of the Imperial Fatuity shall

be subject to the sanction of the Emperor.

ARTICLE XI. I.

The Imperial writs sanctioning the marriages of mem-



180

bers of the Imperial Family, shall bear the co

re of the Minister of the Imperial oM.

ARTICLE XLII.

No member of the Imperial Family can adopt any one

as his son.

ICI.K XLIII.

When a member of th Imperial Family wishes to tr

beyond the boundaries of the Empire, he shall first obtain

the sanction of the Emperor.

;: XLIV.

A female member of the Imperial Family, who has

married a subject, shall be excluded from membership of

the Imperial Family. However, she may be allowed, bythe special grace of the Emperor, to retain her title of

Imperial Princess or of Princess, as the case may be.

CHAPTER VIII.

IMPERIAL HKRKI'ITARY ESTATJ

ARTICLE XLV.

X) landed or other property, that has been fixed as the

Imperial Hereditary Estates, shall be divided up and

alienate-1.

LVI.

The lauded and other property to be included in the

Imperial Hereditary Estates, shall be settled by Imperial

, with the advice of the Privy Council, and shall be

announced by the Minister of the Imperial Household.



181

CHAPTEl; I

B\ IIKS OP THE IMPERIAL ROU8B

.VII.

The expenditures of the Imperial House of all kind*

ball bedefrayed

out of tbe NationalTreasury

at a certain

::\ i

VIII

. ! estimates and audit of accounts of tbe expenditures

npcrial House and all other rules of the 1

shall bo regulated by tbe Finance Regulations of tbe

Imperial House.

CHAP!

riOXS. DISCIPLINAi. > Foil THB

MEMBERS OP THB IMPERIAL KAMI!

ARTICLE XI

Litigation between members of tbe Imperial Family

shall be decided by judicial functionaries specially desig-

nated by tbe Emperor to tbe Department of the Imperial

Household, and execution issued, after Imperial Sanction

thereto has been obtained.

ARTICLE L.

.11 actions brought i y pnv.it. iuals against

members of tbe Impeha y, shall be decided in tbe



182

Court of Appeal in Tokyo. Members of the Imperial

Family shall, however, be represented by attorneys, and

no personal attendance in the Court shall be required of

them.

IOLH i.i.

No member of the Imperial Family can be arrested, or

summoned before a Court of

Law,unless the sanction of

the Emperor has been first obtained thereto.

ART 1C Li: LI I.

When a member of the Imperial Family has committed

an act derogatory to his (or her) dignity, or when he has

exhibited disloyalty to the Imperial House, he shall, by

iplinary punishment and by order of the

poror, be deprived of the whole or of a part of the

privileges belonging to him as a member of the Imperial

Family, or shall be suspended therefrom.

AIITICLI-: LIII.

When a member of the Imperial Family acts in a way

tending to the squandering of his (or her) property, heshall be pronounced by the Emperor, prohibited from

administering his property, arid a manager shall be ap-

pointed therefor.

TICLE LIV.

The two foregoing Articles shall be sanctioned, upon

the advice of the Imperial Family Council.



1 ,

< HA! .1.

-Imperial Family Council shall be competed of the

male members of the Imperial Family, who have reached

the age of majority. The Lord Keeper o: Seal,

nister of the

Imperial Household, the Minister of State for Justice and

the President of the Court of Cassation shall be ordered

to takt) part in the deliberations of the Council

ror personally presides over the meeting of

Imperial Family Con cts one of the

hers of the Imperial Family to do so.

II.

I I.VH.

Those of the present members of the Imperial Family

of the fifth generation and downwards, who have already

been invested with the title ofImperial Prince,

shall

retain the same as heretofore.

in.

Til-- order of succession to the Imperial Throne shall in



184

everycase relate to the des- of absolute

lineage.There shall be no admission to this line of succession

for any one, as a consequence of hia being an adopted

Imperial son. to princely house.

The grades of ;uong the Imperial Princes, Im-

perial Princesses,Princes ami Princesses shall be abolished.

The family imperial Princes and all usages

conflicting with ; : til le abolished.

AKTICI.I; LKI.

The property, annual expenses andall

other rules con-

cerning the members of the Imperial Family, shall be

specially determii

ARTICLE I, XII.

When in the future it shall become necessary eithc

amend or make additions to the present Law, the matter

shall be decided by the Emperor, with the advice of the

Imperial Family Council, and of the Privy Council.



\\V. in accordance with the o\piv><, ;

of the

Con* 10 of Japan promulgate,

with th'- advice of < :hepri*

Dance concerning the House of Peers ; as to the date of its

being carried oat, We shall issue a hpeci ii

.iperiiil Majesty's Sign-Manual.]

[Privy Sral.]

The llth day of f thf Wml y

(Countersigned) ( iroda Ki

Count Ito Hiroburui.

Count Okuma >

Min

Count

Count Inouye Kaoru,

Mini

Count Yamada Akiyoshi,Min,

C ita Masayoshi,Mm. iiuv, ami

Mi

Con: a Iwao,

Ma.Mint M >ri.

Min

Viscount ;iki,

Ml,



IMPERIAL ORDINANCE.

CONCERNING THE

HOUSE OF PEERS.

ARTICLE I.

The House of Peers shall be composed of the follow

Members.

1 . The members of the Imperial Family.

2. I 'rinces and Marquises.

3. Counts, Viscounts and Barons who have been

elected thereto by the members of their respective

orders.

4. Persons who have been specially nominated by

the Emperor, on account of meritorious services to

the State, or of erudition.

5. Persons who have been elected, one Member for

each Fu (City) and Ken (Prefecture), by and from

among the tax payers of the highest amount of

direct national taxes on land, industry or trade

therein, and who have afterwards been nominated

thereto by the Emperor.

ICLE II.

The male members of the Imperial Family shall take

seats in the House on reaching their majority.

ARTICLE III.

The members of the orders of Princes and of Marquises

shall become Members on reaching the age of full twenty-

five years.



The member* of the order* of CoanU, ViscoanU and

Barons, who after reaching tba age of full twenty-five

yean, have been elected by the members of their respective

orders, shall become Members for a term of seven years.

Rules for their election shall be specially determined by

Imperial Ordinance.

number of Members mentioned in the preceding

clause, shall not exceed the one-fifth of the entire number

respective orders of C<> ^counts and Barons.

AIU

in above the age of full thirty years, who baa

been be Emperor as a Member on account

of meritorious services to the State, or for erudition,

shall be a life Member.

:t'LK VI.

One Member shall be elected in each Fu ai. :rom

among and by the fifteen malo inhabitants thereof ofabove

the age of full thirty years, paying therein the highest

mi of direct national taxes on land, industry or trade.

i theperson

thus elected receives bis nomination

from the Emperor, be shall become Member for a term

of seven years. Rules for such election shall be specially

determined by Imperial Ordinance.

ARTICLE VII.

The number of Members, that have been nominated by

the Emperor, for meritorious services to the State, or for

lion, or from among men paying the highest amount

of direct national taxes on land, industry or trade in each

Fu or Ken, shall not exceed the number of the Members

having the title of nobility.



ARTICLE VIII.

1.3 House of Peers shall, when consulted by the

Emperor, pass vote upon rules concerning the privileges

of the nohility.

House of Peers decides upon th< qualification (

ibers andupon disputes concerning

elections thereto.

The rules for these decisions shall be resolved upon I

House of Peers and submitted to the Emperor for His

Sanction.

ARTICLI

When a Member has been sentenced to confinement, or

to any severer punishment, or has been declared bankrupt,

he shall be expelled by Imperial Order.

With respect to the expulsion of a Member, as a discipli-

nary punishment in the House of Peers, the President

shall report the facts to the Emperor for His decision.

Any Member that has been expelled shall be incapable

of again becoming a Member, unless permission so to do

has been granted by the Emperor.

ARTICLE XI.

The President and Vice-President shall be nominated

by the Emperor, from among the Members, for a term of

seven years.

If an elected Member is nominated President or Vice-

President, he shall serve in that capacity for the term of

his membership.

ARTICLE XII.

Every matter, other than what has been provided



:

for in the present Imperial Ordinance, thill be dealt with

according to the provisions of the Law of :ea.

i: xni.

When in th? future any amendment or addition is to be

made in the provisions of the present Imperial Ordinance,

thematter

shall be submitted to the vote of theHouse

of

r. - r .



\\V, v.ith the advice of Our Privy Council, hereby give

Our Sanction to the present Law of the Houses and order

it to be promulgated, and at the same time direct that,

from the day of the institution of the House of Peers and

of the House of Representatives, all affairs connected with

either the one or the other of them, be conducted in

accordance with the present Law.

[His Imperial Majesty's Sign-Manual]

[Privy Seal.]

The llth day of the 2nd month of the 22nd year of M(Countersigned) Count Kuroda Kiyot

Ministi-i- \

Count Ito Hirobumi,

PratVfati "/ tin- /'//>//

Count Okuma Shigenobu,Mill,

Count Saigo Tsukumichi,

Mil.<

tin' .V

Count Inouye Kaoru,

Minister of State for Ayin-itltu,

Comma

Count Yamada Akiyoshi,Mi .fust ice.

Count Matsugata Masayoshi,Min< /"' l''i'

Minister of Statefor H'-ui-.-!//:///.>.

Count Oyama Iwao,

Minister '">' \\'\

Viscount Mori Arinori,

Minister of Si 'ion.

Viscount Enomoto Takeaki,

Minister of Statefor (.'



LAW OF THE HOUSES,

i

CON OF

IT.

i: I.

: Imperial Proclamation for the convocation of the

Imperial Diet, fixing the date of its assembling, shall be

issued at least

forty daysbeforeht

n

Ti <rs shall assemble in the Hall of their re-

spective Houses, upon the day specified in -rial

Proclamation of convocation.

.Mem 1.1: in.

The President and ot of the House of Re-

presentatives shall both of them be nominated by the

Emperor, from among three candidates respectively elected

by the House for each of those offices.

Until the nomination of the President and Yice-Presi-

, the functions of President sh til 1- discharged by the

f Secret

a'Li; IV.

. -h House shall divide the whole number of its Mem-

bers into several Sections by lot, and in each Section a

Chief shall be elected by and from among the Members

belonging thereto.



ABTZOL1

I'pon the organization of both Houses, tho day for the

opening of the I i Diet shall be fixed by Imperial

Order, and the ceremony of opening shall be celebrat

the assembling of the Members of both Houses in the

House of Peers.

[OLE vi.

On the occasion referred to in the prect :icle, the

functions of President shall be exercised by the President

of the House of Peers.

CHAPTER II.

PRESIDENT, SECRETARIES AND EXPENSES.

ARTICLE VII.

There shall be in each House a President and a Vice-

President.

ARTICLE VIII.

The term of office of the President and of the Vice-

President of the House of Representatives, shall be the

same as that of the membership thereof.

.

When the office of President or of Vice-President of the

House of Representatives, has become vacant by the

resignation of the occupant thereof or for any other reason,

the term of office of the successor shall be in correspond-

ence with that of his predecessor.



190

ABTK1

'

''resident of each House shall maintain order

therein, regulat the debates and represent th- Houw

outside thereof.

isc shall continue to assume

th direction of incsa of the House,during

the

inter. . session.

; i: \n.

esident shall he entitled to attend and take part

o debates of both the Standing and of the Special

vote the i

in.

each House, in the event of the disability of the

Pres shall be represented in his functions by the

sklent

IV.

In each House, in the event of the disability of both the

President and of the Vice-President at the same time, a

temporary President shall be elected to exercise the

o President and tl of each House

.. upon the expiration f office, continue

to exercise their functions, until their successors have

In each House there shall be appointed a Chief Secretary

and several Secretaries.



The Chief Secretaryshall

be of the Cholttuin rank, andthe Secretaries, of the X- in in r

.\l:: ,ii.

Chief Secretary shall, un : direction of the

President, supervise the business of the Secretaries

append his signature to official documents.

The Secretaries shall compile the records of debates,

make drafts of other .i manage business

generally.

Required functional r than Secretaries shall be

ntetl by the Chi <

iry.

mi.

Th* HCS shall be defrayed out of

theNational Treasury.

CHAPTER III.

THE ANNUAL ALLOWANCES TO Till- PRESIDE

\ [( IM'KI SIDENT AND MEMBERS.

ARTICLE XIX.

The Presidents of the respective Houses shall receive

each an annual allowance of five thousand yen and the Vice-

Presidents, that of three thousand yen each;while such

Members of the House of Peers as have been elected

thereto, and such as have been nominated thereto by the

Emperor, and the Members of the House of Represen-

tatives,shall

each receive an annual allowance of twothousand yen* They shall also receive travelling expenses

K finally the annual oliowan <! for in this a r

were aa follows : Pn-sidenta, 4.000 yen each; \ u-nts, 2.000

yen each ;Memf ra ( 800 yen each. 'The amendment was

Law No. 100 of 32nd year of Meiji (1 899 A. D.). ( Tram.)



1

'

in accordance with regulation! to be specially provided.

Members, however, who do not comply with the *

of convocation, shall receive no annual allowance.

..j President, >.idenU and Members shall be

allowed to decline their respective annual allowances.*

tubers, who are in the senrice of the Government,

hall receive no such annual allowances.

the case mentioned in Anl- XXV., the Members

concerned shall receive, in addition to the annual allowance

mentioned in the fn m preset , an

allowance of not more than fi : n accordance

i the schedule determined by the respective Houses.

CHA! V

COMMITTEES

Committees shall be of three kinds, a Committee of the

!o House, and Standing and Special Committees.

o

Committeeof the

Whole Houseis

composed ofthe

whole number of the Members of the House.

. Standing Committee shall be divided into several

branches according to the requirements of business ; and

in order to engage in the examination of matters falling

e. the several Sections shall, from among

the Members of the House, respectively elect an equal

number of members to the Standing Committeeship. Theterm of the Standing Committeeship shall last during a

single session on

Koto: Oriffiaalljthtymi not allmd to

lowaaoaa. The amoodmrnt WM dtated bj LAV NalOOof Start patrolMnji (18W A. D). (TV



196

The Special Committ.es shall be chosen by the Houseand specially ent < :th the tion of a certain

particular matter.

XI.

The Chairman of the Committee of the Whole House,

shall be elected for each session at the beginning of the

same.

The Chairmen of both the Standing and Social Com-

mittees shall be respectively elected at the meetings of the

Committees, by and from among the members thereof.

\n.

No debate can be opened nor can any resolution be pas-

sed by the Committee of the Whole House, unless more

than one third of the entire number of the Members of the

House is present, or by either the Standing or by the

Special Committees, unless more than one half of the

members of the same is present.

AKTK u: xxni.

No stranger, other than Members of the House, shall

be admitted tothe meetings

of either theStanding

or of

the Special Committees. Members may also he excluded

from such meetings by resolution of the respective Com-

mittees.

ARTlci.i: XXIV.

The Chairman of each Committee shall report to the

House concerning the proceedings and results of the meet-

ings of the Committee he presides.

ARTICLE XXV.

Each House may, at the request, or with the concurrence

of the Government, cause a Committee to continue the



i :

examination of Bills i tcrval when lb

OflAM i:i: V.

iS.

.\i.

of each House shall determine the order*

id day and report the same to the House be presides.

In the orders of the day, the Bills brought in by the Gov-

ernment shall have precedence, except when the concur-rence of the Government has been obt the contrary,

in ca necessity for debates.

XXVII.

ill be voted upon, ah passed

three readings. Bat the process of three readings

may be omitted, when such a course is demanded by the

foment or by not leas than ten Members, and agreed

to by a majority of not less than two-thirds of the Members

present in the House.

MIL

the Government bhall never be voted

upon, without having been first submitted to theexamina-

:iutt- .-. l'.ut it

may happen otherwise, whenit is so demanded by th t. in cases of urgent

irl.K \

\\ ij'-n a Member moves to introduce a Bill or to make



198

mi amendment of a Bill, - :nade

the subject of debate, unless it is sin by not less

than twenty

.

The Government shall be at liberty at any time to either

amend or withdraw any Dill which it has already brought

in.

CXI.

All Bills shall, through the medium of a Minister of

State, be pr to the Kmperor by the President of

that House, in whk-h the Bill has been last voted upon.

\Vhen, however, a Bill originating in either one of the

Houses has been rejected in the other, the rule set forth in

the second clause of Article LIV. shall be followed.

[OLH XXXIL

Bills which, after having been passed by both Houses of

the Diet and presened to the Emperor, may receive His

Sanction, shall be promulgated before the next session of

the Diet.

( JJA1TKR VI.

PROROGATION AND CLOSING.

:ii.

The Government may at any time order the prorogation

of either House for a period of not more than fifteen days.

\Vhen either House a-.'ain meets after the termination of



;

the prorogation, the debates of the tat meeting *haU be

continued.

I n case the House of Peers is ordered to prorogue on ac-

count of the dissolution e of Representative*,

the rale set forth in the second clause of the preceding

cle shall not apply.

AB'I

.Is, representations ami \ it have not been

voted upon u: of the Imperial Diet,

shall not be continued at the next session. It in, however,

otherwise in the eas <! in A \\ ".

o closing of shall be effected in a joint meet-

of both Houses, in accordance with Imperial Order.

CHM'l I.K VII

si ;.: : i t i i\.,

11.

In wing cases, the sittings of t . ise maybe h x>rs :

1. her the President or of not

less than ten Members and agreed to by the House.

(> tt ti;- .i-n.an i.

t ih. <i v- ii.n. .-in.

ill.

to Btcr? t . s mado either by

the President < . ss than u-n M



200

President shall cause the strangers to withdraw from the

House, and shall then proceed, without debate, to take

votes upon the motion.

The proceedings of a secret sitting shall not be made

public.

CHAPTEE VIII.

THK PASSING OF THK l;ri

AK \ L.

When the Budget is brought into the House of Kepre-

sentatives by the Government, the Committee on the

Budget shall finish the examination of the same, within

fifteen days from the day on which it received it, and report

thereon to the House.

xi, i.

Nomotion for

an amendment tothe

Budgetcan

bemade the subject of debate at a sitting of the House, unless

it is supported by not less than thirty Members.

CHAPTEi: IX

Tin; MI OF STATE AND THE DKI.KGATES

OF THE GOVERNMENT.

riCLB X 1 , 1 1 .

The Ministers of id the 1 >clegate3 of the Govern-



1 1

meat shall be allowed at any time to tpeak. Hut the

speech of no Member sbal! be interrupted thereby.

in.

\\ i.'-M i I ill baa beeu referred in either House to a Com-

e, the Ministers of State and the Delegates of the

Government may attend the meeting* of the Committee

and there express tb> us

: .iv.

< 'ommittee in meetii resident,

demand .

\jUna- \\\ the Delegates of the Go*.

The Minivers of State and the Delegates of the Govern-

ment, e\ s are Members of the House,

shall have no vote in the House.

;.vi.

\\ii--n a meeting of either a Standing or of a Spceial

Comuiittee is to be held, the Chairman thereof shall every

time report the fact to listers of State and to the

Delegates of the Gov. .*! in the matte

be considered.

vu.

of the day and the notices relating to debates

shall, simultaneously ition thereof amongthe Members, be transmitted to the M of State and

to the Delegates of the Governor



(

HAM>NS.

VIII.

\Yi i either House desires to put a ques-

to the Government, he shall be required to obtain the

support of not less than thirty Members.

In putting such question, tho Member)

-hall

draw up a concise memorandum and present it to the

i.-nt, duly signed by himself and his supporters.

;; NI, i.\.

The Piv.-ridi'iit. Miull transmit to the Ciovmin

memorandum onquestions.

A Minister of State shall

then either immediately an- questions, or fix the

date for making such answer, and when he does not do so,

he bhall explicitly state his reasons therefor.

ICLE L.

When an answer has been or has not been obtained

from a Minister of State, any Member may move a repre-

sentation concerning the affairs of the questions.

CHAPTER XL

ADDRESSES TO THE THRONE AND RJ:

J.I.

hen either House desires to present an address to the

Emperor, it shall be presented by it in writing ; or the



President may be directed, M the representative of these, to ask an audience of the Emperor, and present

the same to Him.

ropre* i >use to the Government

shall be present* <1 in

i: i. ii

-uch address and representation shall in

r } louse be made the subject of debate, unless not lets

!*?rs support it.

II.

in.

n of the Budget, the Bills of the

may be brought in it:.-T OM- of ti. Houses

i< -cording to the convenience of the case.

iv.

\\h< n a G overt in;- has been passed in er

it, it shall then be carried

into the other House. \Vhcn the second House either

irs in or dissents from the vote of the first House, it

shall,

simultaneously

withaddressing

the

Emperor, reportto t: House.

In case a Bill introduced by either House is rejected by

the other the second House shall report the fa

the first House.



204

nri.i:i

When either House makes arnti ,1 carried

into it from the other House, th Hill as amended shall be

returned to the first House. When the first House agrees

to the amendments, it slmll, simultaneously with address-

ing the Emperor, report to the Second House. \V

n the other hand, the fn :so does not agree to such

amendments, it may demand a conference of the

Houses.

When either House demands a conference, the other

House can not refuse it.

ABTIOLB LVI.

Both Houses shall elect an equal number, not more than

ten. of Managers to meet in conference. Whenthe. 15111

in question has been adjusted in the conference, the adjust-

ed Bill shall be discussed first in that House, whici

either received it from the Government or had initiated it,

and the Bill is then carried to the other House.

No motion for amendments can be made to a Bill that

has been adjusted in a conference.

ARTICLE LVI I.

The Ministers of State, the Delegates of the Government

and the Presidents of both Houses, are at liberty to

attend a conference of the two Houses and to express their

opinions thereat.

AKTICI.K LVIll.

'

strangers are allowed to be present at a conference

of the two Houses.

ABTICLI; MX.

At a conference of the two Houses, vote shall be taken



..

by secret ballot. In the event of ati<

vote, the Chairmanball havtj the carting vote.

Tbo Manager* from tbe two Houses shall separately

elect one of themselves Chairman of the conference. The

i thos elected shall occupy tbe chair at alternate

meetings of tbe conference. Tbe Chairrnanabip of tbe first

meeting shall he settl : of lot <.

All other regulations besides what is provided for in tbe

present Chapter, as to any business in \vi uses

are 1, shall be determined by a conference of tbe

v, : :

CIIAl'l

PETITIo

ARTICLE LXII.

All petitions addressed to either House by people shall

he received through tbe medium of a Member.

.111.

Petitions shall be submits use, to the

examination of tbe Committee or. us.

When tbe Committee < >ns considers that a i

is not in conformity with the established rales, the

President shall return it through tbe Member, through

>se medium it \vas originally presented.



The Committee on Petitions shall compile a list, in u i

shall be noted the essential points of each petition,

shall report once a week to i . se.

\VlnMi a debate of the House on the contents of a petition

is demanded either by a special report of the Committee

on Petitions, or by more than thirty Members of the

House, either House shall proceed so to do.

ARTICLE LXV.

\Vlu -n cither House passes a vote to cut petition,

the petition shall then be sent to the Government, together

with a memorial of the House thereon, and the House

i stances, demand a n

of the Government.riCLE LXVI.

Neither House can receive a petition presented by a

proxy, excepting when presented by a party recogniz*

law as a juridical person.

AKTICLK LXVII.

Neither House can receive petitions for aniendin.i

Constitution.

ARTICLE LXVI 1 1.

Petitions shall be in the form and style of a prayer. No

patition that is not entitled as such, or does not conform

with the proper form and style, shall be received by either

House.

ARTICLE LXIX.

Neither House can receive a petition that contains words

of disrespect towards the Imperial Family or those of insult

to the Government or the House.



:

tie can receive petit viih the

administration of justice or with administrative litigtt

Both Houses shall separately receive petitions and shall

nterfere each with in .

CHAT IV.

PEOPLE.

MII-: <; .

VSSKMBI

use is : to issut aion to the

people.

\m.

Neither House is allowed, for the prosecution of examina*

summon persons or to dispatch a Member for that

purpose.

( mse, for the purposes of examinations,

asks the Gov r necessary reports or documents,

the < such reports or

documents do not relate to any secret mat

; listers of State and the Delegate*

of the < >use can hold any corn?-



spondencewith

anyGovernment Office or wilh

anyLocal Assembly.

CHAPTER XV.

OBJECTIONS TO THE

QU.vu; \ OP MEMBERS.

XVI.

When a Member of the House of Representatives has

been appointed a Member of the House of Peers, or has

received an official appointment, which by law disables

him from being a Member, he shall be considered as ret

ARTICLE LXXVII.

When a Member of the House of Representatives has

lost any of the qualifications of eligibility mentioned in the

Law of Election, he shall be considered as retired.

ARTICLE LXXVIII.

When an objection is raised in the House of Representa-

tives as to the qualifications of any of its is, a

Special Committee shall be appointed to examine into the

matter, on a specified day, and the resolution of the

House shall be taken upon the receipt of the report of

the siid Committee.

MX.

Whenever, in a Court of Law, legal proceedings per-

taining to an election suit have been commenced, the House

of Representatives cannot institute enquiries on the same

matter.



ARTICLE LXXX.

Until tbo disqualification of a Member bat been proved,

be shall not lose eitber bis seat or bis vote i: use.

In debates relating to enquiries into bis own qualification*,

though at liberty to offer explanations, cannot

take part in voting thereon.

CHAI I

LEAVE OP ABSENCE, RESIGN \D

SrBSTITUTIONAL ELECTIONS.

Tba President use hhall have the power to

grant to Members a leave of absence for a period not ex-

ceeding a week. As to leave of absence for a period of

more than a week, permission may be given by the House,

i ermission shall be;.

a leave of absence for an

;iited

period of time.

ARTICLE LXXX 1 1.

Member of either House can absent himself from the

meetings of the House or of a Committee, without for-

img to the President a notice setting forth proper

reasons then

ARTICLE LXXXIll

The House of Representatives snail have power to ac-

tbe resignation of a Member.

ARTICLE LXXMV

When, from any cause whatever, a vacancy occurs



210

among the Members of the House of Repres-

President shall report tha fan Minister of State for

Home AH ,1.111 lin, a substitutional election.

CHAITKK XV II.

DISCII'LINK AND ]'>!, K

ARTICLE LXXXY.

For the maintenance of discipline in either House

during its session, the power of internal police shall b<>.

exercised by the President, in accordance with the presentLaw and such regulations as may be determined in the

respective Houses.

ARTICLE LXXXVI.

Police officials required by either House, shall be pro-

vided by the Government and put under the direction of

the President.

ARTICLE LXXXVI I.

When, during a meeting of the House, any Member in-

fringes the present Law or the rules of debate, or in any

way disturbs the order of the House, the President shall

either warn him, stop him, or order him to retract his

remarks. When he fails to obey the order of the President,

the latter shall have the power either to prohibit him from

speaking during the remainder of the meeting, or to order

him to leave the Hall.

ARTICLE LXXXVI 1 1.

When the House is in a state of excitement and it is



foun;

.t to maintain orJer, the President shall have

power either to ttitp: .-viing or close it for the day.

When any stranger disturbs the debate, the President

may order him to leave the House, and in case of necessity,

may cause him to be banded over to a police autlx .

\\ -.' gallery in in a state of commotion,

the President um ill strangers to leave the House.

my person disturbs the order of the House, the

^ters of State, the Delegates of the Government and

the Members, may call :ie Pres:

thereto.

In neither House, shall the utterance of expressions or

the making of apeeches. it disrespect to the Imperial

House, be allowed.

riCLE Xi

In House, shall the use of coarse language or

personalitiesbe allowed.

ARTICLE XC1II.

When any Member has been vilified or insulted either in

the House or at a meeting of a Committee, be shall appeal

to the House and demand that proper meastim be takso.

There shall be no retaliation among Members.

CHAPTKK XVIII.

MS-



212

Both Houses shall have the po\vvr to mete out discipli-

nary punishment to the respective Members.

ARTICLE XCV.

Iii each House there shall be instituted a Committee on

Disciplinary Punishment for making enquiries into cases

inviting disciplinary measures.

When a case for disciplinary punishment occurs, the

President shall, in the first place, instruct the Committee

to enquire into the matter, and shall deliver sentence after

having submitted the case to the consideration of the

House.

When a case for disciplinary punishment occurs at a

meeting of a Committee or in a Section, the Chairman of

the Committee or the Chief of the Section shall report the

matter to the President and demand measures to be taken

thereon.

ARTICLE XC VI.

Disciplinary punishments shall be as follows :

1. Reprimands at an open meeting of the House.

2. Expression by the offender of a proper apology at

an open meeting of the House.

3. Suspension of the offender from presence in the

House for a certain length of time.

pulsion.

In the House of Representatives, expulsion shall be

decided upon by a majority vote of more than two-thirds

of the Members present.

ARTICLE XCVII.

The House of Representatives shall have no power to



deny a teat to a Member that hai been expelled, when KM

h;i\.- bam i- ! eli 1

ABTICLB xrvill.

I ember shall, with the support of not lest than

, have the rii;ht to make a motion for the

ion of a disci|>li i ishmemX

: action for a di> ttishnieut thall be made

M three days from the commission of the offence.

\\ baO| for non-compliance, without substantial reasons.

with tlu Im|x'rial Proclamation of convocation within one

week from tho date specified therein, or for absence without

good reasons from the meetings of the House or of a Com-

o, or for having exceeded the period of his leave of

absence, a Member has received a summons from the

President and still persists in delaying his appearance

without good grounds for so doing for one week after the

receipt of the said summons, he shall, in the House of

Peers, be suspended from taking his seat, and the matter

shall be submitted to the Emperor for His decision. In

the House of Representatives, such a Member shall be

exnelied therefiom





LAW OF ELECTION

or TNI

MEMBERS OF THE HOUSE OF REPRESENTATIVES.

(U* HI March 29th. SSrtl jw of Mdji. or WO A

B I.

rs.

in.B I.

e members of the House of Representatives shall be

elected in each of tbo Election districts.

The Election districts and the number of the Member*

to be elected in eacb district arc set forth in the Appt

*sent Law.

The voting district shall be determined by the jurisdic-

limit of the ( 'ho (Town), or Son

a Shi, ; -ality), Cbo (Town), or Son (Village)

where exists a specialr

, more than one voting

district may be established, or several towns or villages

may combine snd form one voting district, in accordance

with the provisions of an Imperial ordinance,

In the preceding instance* where the provisions of the

present Law are found to be inapplicable in reference tQ

g, special provisions may be made by an Impend

Ordinance.



AHTICLKIII.

A combination of Cho (Town) or Son (Village) which has

a joint management of the entire business of such Towns

or Villages, shall be considered as one Town or Yii

and the managing official of such combination shall U>

considered as the Chief of the Town or the Village as the

case may be.

\I;TICLK iv.

The Chief of a Shi (Municipality), Cho (Town), or Son

(Village) shall manage the Voting in the capacity of the

Manager for Voting.

LBTIOLB v.

The ballot examining district shall be determined by the

jurisdictive limit of a Gun (Rural District) or Shi (Munici-

pality).

The Chief of a Gun or Shi .shall manage tbe business

concerning the examination of the ballots in tbe capacity

of the Manager thereof.

ICLKVI.

The Local Governors shall superintend the management

of the Election in the capacity of the Presiding Official

thereof.

ARTICLE VII.

A change in any of the election districts brought

about by an alteration or alterations in the administrative

extent of the locality shall not cause the Member elect to

lose his seat.



II

BLBCTOBS AND ELI

y person possessing the following qualification* holds

the electoral right.

1 A male subject of the n who is of full

:ive years of age and upward.

> has had hi* residence in the election

district for o\vt nil one year previous to the

drawing up of the electoral list and continues to

hoi

. has I :ng a land tax of ten yen

and upuanl (\-r year) for over one year previous

to the draw : j up of the electoral list, or a direct

national tax other than the laud tax of ten yen

and upward (per year), or a tax of ten yen (per year)

consisting of land and other direct national tax for

over two yean, previous to the same date and still

continues to pay the same.

In the case of a person who has succeeded to

an estate hy inheritance, the amount of taxes paid

on the estate i redeoessor shall be counted

in for his qualification.

:CI.E IX.

Of the preceding provisions, the stme relating to a

period of time shall not be affected by a change introduced

in the administrative limit of the loc



Am;A male subject of the Empire who is of full thirty years

of age and upward holds the eligible right.

ARTICLI:

Any of the undermentioned persons is disqualified as

elector or as eligible person.

1. The incompetents and the quasi-incompetents

(of the civil code).

_'. Those who have been adjuged (by -a Court of

Justice) as bankrupts and have not completely

discharged their pecuniary obligations, and those

who have been declared (by a Court of Justice)

as subjects for liquidation, or as insolvents, and

have not finally recovered their rights.

3. Those who have been deprived of public rights

or whose public rights are suspended.

4. Those who have been sentenced to a punishment

of imprisonment or heavier punishment, and are

in interim before the judgement takes effect.

ARTICLE XII.

The Koshu (pater-familias) of families of nobility shall

have neither electing nor eligible right.

This shall apply to those who are in the actual service

in the Army or the Navy, and those who have been

called to the actual service on account of war or other

emergencies, as well as the students of the Government,

Public, or Private schools.

ARTICLE XIII.

The Shinto priests, and the priests and teachers of

religion of all kinds, as well as the teachers of common



schools shall boineligible.

Those who havegiven op

any of the above professions tball not be eligible

after throe wombs shall have elapsed from the date of

their resignation.

The Government's contractors, or members of a juridical

person engaged as a contractor for the government shall

iieeligil

The Government officials engaged in the business con-

.iK election as well as those employed in the tame

business shall not be eligible in the election district where

they are servi|

Ibis shall apply to such as have ceased

to engage in the above business for three months after

their resignation.

The officials of the Imperial Household Department,

Judges, Procurators, the President and Councillors of the

Court of Administrative Litigation, Auditors, Revenue

. ils, ami Police Officials shall not be eligible.

M xvi.

Ti .iiuent officials other than those enumerated

be preceding article may, so long as their official func-

tions are not thereby interrupted with, serve as Members,

retaining their official position.

.11.

:;jber of a Fu, or Ken Assembly (Prvfectuml

Assembly) shall not hold his seat at the same tim* with

his seat in the House of Representative*.



220

CHAPTEB III.

ELECTORAL

ART: .in.

The Chief of Cho(Town)

or Son(Village)

shall make

investigation of the electoral qualifications of those res;

within his jurisdiction according to the actual existence

of such on the 1st day of October each year, and prepare

the electoral list in duplicate, one of which shall be for-

warded to the Chief of Gun (Rural District) by the 15th

of October.

The Chief of Gun shall check the list

forwarded fromthe Chief of Cho (Town) or Son (Village), and after making

corrections when necessary, he shall return the duplicate

to the sender.

The Chief of Shi (Municipality) shall investigate the

electoral qualifications of those holding their residences in

the Shi according to the actual existence of same on th

1st day of October each year, and compile the electoral

list by the 31st day of October.

In the electoral list shall be entered the name, official

rank, profession (occupation), class, residence, the date

of birth of each elector, and the amount of tax paid by

him and the name of the place where the tax is paid.

ARTICLE XIX.

When any elector is paying a direct national tax out-

side the limit of Shi (Municipality), Cho (Town), or Son

(Village) where he has his residence, he shall procure a

certificate to that effect in accordance with the provisions



me*, and forward the tame to the Chief of UM

Shi, Cho, or Son where he bat bit residence by the 5th

of October. 8b e to thai effect be not made by

that date the amount of tbo tax to paid shall not be included

m tli-- items to be recorded in the electoral litt.

ie Chief of Gun (Rural Di*t ,-ipality)

Town), or Sou (Village) tball exhibit the electoral

list for public inspection for fifteen dayt commencing with

the 5th of November in bis own office, or in such place

where permission hat been obtained from the Local

ernor for that purpose.

When an elector discovers an omission or error in the

electoral list, he may claim the necessary correction to be

made by forwarding to the Chief of Gun or Shi .v written

notice stating his reasons, together with corroborative

lences therefor.

i: xxn.

When an elector has failed under justifiable circum-stances to act as required by Article xix and bat been

left out of the electoral list he may proceed in accordance

with th* provision of the preceding article.

I xxui.

he expiration of the period for public inspection

no proceeding baaed on the provisions of the two preced-

ing articles can be instituted.

ARTICLE XXIV.

the Chief of Gun (Rural District), or



2-2-1

:>ality) receive notice as pr in A i tides

i. he shall examine the reasons alleged

evidence adduced, and decide the case within t \\vnty days

from the receipt of the notice.

Should the contents of the notice be decided as just and

correct, the necessary amendment or amendments

at once be introduced into the electoral list, and th-

applicant, or the

party

interested therein shall be no!

to the effect, and the decision shall also be made public.

Should the contents of the notice be decided against the

applicant, the same shall be notified to him. An amend-

ment or amendments introduced into the list shall be

notified by the Chief of the Gun (Rural District) to the

Chief of the Cho (Town) or Son (Village) where the appli-

cant resides

ARTICLM XXV.

When the applicant, or the) arty interested in the

affair, is not satisfied with the decision of the Chief of the

Gun or Shi, he may, within seven days from the day on

which the said decision was given, institute a suit against

the Chief of the Gun or Shi in a District Court.

No appeal is allowed against the judgement of the

District Court in this instance, but it is permissible to

bring an appeal of revision to the Court of Cassation.

ARTICLE XXVI

The Chief of Cho (Town) or Son (Village) shall deliver

to the Chief of Gun(Rural :District)

the electoral list of

the locality under his jurisdiction between November 20th

and December 10th

The Chief of Gun, on receipt of the sakl list, shall

check the same and introduce therein correction or



corrections whennecessary,

ai - tbe liu to the

eodar by December 20th.

ARTICLE x

ie electoral list b*U assutue iU filial form on tbe

20tb of December.

^hall remain final until in- new list ibsJl bare been

filial iol in thefollowing year. When, however,

any correction lias to be made in punuance of tbe judge-

ment of a Court of Law or Sbi skull

make tbe correction at once and i *e feet.

-.bove correction bas been made, tbe Chi

tbe Gnu snail n ârue to tbe Chief of tbe Cbo or

Son where tbe applicant resides, and cause him to introduce

tbe correction in tbeduplicate

List.

V. :. n necessity is cilled for * new electoral list on

account of tbe disturbances caused ire or some

VMJII emergencies, the same shall be compiled.

-.neb instances as above, tbe date of compilation of

tbe new list, and tbe date and period of its public exhibi-

tion and final adoption shall be determined by an Or-

!i:. 11.

ELECT ION, \

UII.

The date for General Election is determined by Im-

perial Order, and tbe same will be published at least

thirty days beforehand.



AKTirl.E XIX.

Election shall be made ly ballot.

One person shall have one vote only.

\x.

The Voting Place shall be opened in the Office of

Shi (Municipality), Cho (Town), or Son (Village), or in

such place as has been appointed for the purpose by

Manager for Voting with permission of the Local

Governor.

.XI.

The Manager for Voting shall publicly announce the

name of the voting place within the voting district at

least five

days priorto the

dayof election.

ARTICLE XXXII.

The Chief of Gun (Rural District) or Shi (Municipality)

shall nominate not less than three and not more than five

witnesses from among the electors of the election district

under his management, and at least three days notice of

the nomination shall be sent to the nominee, requesting

their presence at the place of voting on the day of

election.

The witnesses cannot decline their nomination without

adequate reasons.

ARTICLE XXXIII.

The voting place shall be opened at 7 o'clock

and closed at 6 o'clock p.m.

ARTICLE XX

On the day of election the electors shall come in person

to the Voting Place and vote on obtaining identification



be electoral list, am! on Affixing their seals in the

K.-^t.-r \ -rrotiag.

mager for Voting find it impossible to

identify positively any of the elector*, be shall make him

state his own identification, and any person

failing so to do shall not be able to vote.

ARTICLE x\

in shall be provided to tbe electors at

the Voting Place on tbe day of election.

Each elector shall write on the voting form at tbe

place of lie name of one whom be elects and pat

> tbe ballot box.

Tbe ballot shall be unsigned.

ARTICLE XXXVII.

tote who are not registered in tbe electoral list shall

not be capable of voting. Should, however, any one

come to tbe Voting Place on tbe day of election, bringing

with him tbe judgement of a Court of Law entitling him

to bave bis name entered in the electoral list, tbe Manager

for Voting shall allow him to vote.

ARTICLE XXXVIII.

rson registered in the electoral list but who baa

no voting right shall not be capable of vol.

This shall apply to those who can not personally write

tbe name of tbe person to be elected.

< refusal to permit voting, or otherwise, shall be

decided by tbe Manager for Voting upon consultation



Should an elector of a Cho (Town) or Son (Village) be

dissatisfied with the decision of refusal to vote, the Manager

for Voting shall conditionally allow him to vote.

In the above instance, the ballot shall be first enclosed

in an envelope and sealed, with the name of the voter

outside, before casting the same in the ballot box.

The provisions of the preceding two clauses shall apply

to the case of

anyof the electors of Cho or Son

againstwhom an objection is entertained by those mentioned

in the first clause of this Article.

EL.

When the time for closing the polling arrives, the

Manager for Voting shall announce the fact, and close the

entrance of the place, and on completion of the polling

by the electors still remaining in the building, the ballot

box shall be locked.

voting shall be made after the box has been locked.

ARTICLE XU.

The Manager for Voting shall keep the minutes of the

voting, in which are to be recorded all the affairs relating

to the business, and sign the record together with the

witnesses.

ARTICLE XLII.

The Manager for Voting in company with one or more

witnesses shall bring by the day following that of election,

the ballot box, the minutes, and the electoral list to the

Manager for Examining the Ballots.

ARTICLE XLII I.

In the case of an island or places lacking in adequate

means of conveyance, where circumstances exist to make



HI

.possible to tend the ballot box by the date fixed in

the preceding A 'lie Local Governor may fix a

convenient data for voting for such placet so as to make

it possible to have the ballot box, the minute*, and tha

electoral list brought to the place where the ballots arc

opened by the date fixed for that purpose.

Incase of disturbances in'

or some unforeseen

occurences, making it imp >ssit>l<; to conduct the elect

or in case of necessity exiht a renewed election,

the Manager shall bring this fact to the notice of the

Presiding Official of 1 . . :i who shall cause the election

to be conducted .,' the date for that purpose.

In such instance a public announcement to that effect

shall be made in the district concerned at least five days

prior to the date appointed.

case more than one member are to be elect

one and the same district at the same time, the provisions

:. shall apply despite the

U of election con

person shall have obligation to inform the name of

the person voted by any of the electors.



328

CHAPTER V.

'I HI- M\ -KB AT '1

ABTIM.K MAIL

The Manager for Voting shall maintain order at the

voting place and, in cases of necessity, may deliver an

offender to the police authorities.

MIL

person other than electors, those engaged in the busi-

ness of the voting place, those duly authorized to supervise

the place, and police authorities, shall be admitted to the

place of voting.

AKTICU; XLIX.

Any person making speeches, debating, causing distur-

bances in the place of voting, or holding consultations or

making persuasive suggestions, or acting in any manner

detrimental to the maintenance of order in the v<

place, shall be ordered to desist by the Manager for

Voting. Should the order be disregarded the offender

shall be expelled.

[CI.K I,.

Such as has been expelled in accordance with the. pro-

visions of the

precedingArticle, can vote at the last

moment, provided the place had not been closed.



<I

LOTS, AND TUB

1 8AMB.

o

place

for

examiningthe balloU tball be the office

un (Rural District) or Sh.ty), or sncb

place as baa been appointed by the ng Manageri permission of the Governor of the localr

!I I.I I.

aujining Manager of the ballots shall publicly

announce theplace appointed

for that

purpose.

MI.

The Local Governor shall appoint from among the

electors of each dibt ballots of which are to be

examined, witnesses ofnot lees than three and not exceeding

even, to act aa such at the examination of the billots.

19 case of a S >ess at thevoting

place shall also witness the examination of the ballots.

The witness so appointed can not decline except on

.liable grounds.

10 Examining Manager of the ballots shall, in presence

.0 witnesses, open the ballot boxes, in the case of

ral District), on the day following the receipt of all

the boxes, and in the case of Shi , *lty ).on the

day following the election, and count the total number of

the ballots and that of the voters.



230

\Yhen the counting re; Article

has been completed, the Manager shall first exam in

ballots provided for in clauses 2 and 4 ot \i

and decide acceptance or oti. of such ballots upon

consultation with the witnesses.

The Examining Manager shall mix the ballots of each

place of voting and inspect them in company wit);

\\itnesses.

VI.

The electors may demand admission to the place in

order to inspect the examination of their ballots.

LVII.

The validity or otherwise of a ballot shall bedetermi;

by the Examining Manager upon consultation with the

witnesses.

ARTICLE LVII I.

The following ballots shall be void :

1 . Those not using the regular form.

2. Those on which more than one name are re-

corded.

3. Those on which the name of the person voted

can not be clearly deciphered.

4. Those recording the name of the person who is

not eligible.

5. Those on which the characters or letters other

than the name of the person voted are recorded,

the court orofficial

rank, profession,occi

class, address, or honorific terms, however, being

exceptions.

The ballots shall be distinguished according to tl



in

r otherwise, and bepreserved by

ibe

ExaminingManager d lie term of office of the Members.

or shall keep the minutes of the

occasion. h the affairs concerning the ftxaminttHm

and counting of the ballou shall be recorded. The

ites shall be signed by him and also by the witnesses,

and be preserved together with th minutea of the voting

,ilu ring the term of office of the Members.

ton completi ho inspection of the ballots, the

same shall be ii reported to the Presiding

i.r.

The provisions of t le xi.iv.. excepting the ap-

tl clause, shall be applicable to the occasion of exam-

tbe ballots.

in.

For maintenance of order i i ce for examining the

ballots, the provisions of Chapter V. shall be applicable.

.. VII

ELF.

The Elect, ng shall be held at the pi

the date appointed therefor by the Presiding

>n to examine the reports required 1

. . .



\\ "hiMI a renewed election has been made on account

of a portion of the election having lost its validity, the

Presiding Official of Election, on receipt of the report

required by Article LXI., shall hold an election meet

and make a renewed examination of the report together

with the reports that bad been rendered by other Examin-

ing Managers of the ballots.

The Presiding Official : m shall make a previous

announcement of the place and date for the Election

Meeting.

ARTKIJ: i.xvi.

The Presiding Official of Election shall appoint from

among the electors of each election district not less than

three, and not exceeding seven witnesses for the Election

Meeting, and give at least three days' notice of their

nomination together with request for their presence at the

Election Meeting on the day appointed therefor.

The witnesses so nominated can not decline without

goodreason or reasons for so

doing.

AKTICI.I: i. xvii.

The Presiding Official of Election shall keep the minutes

of the Election Meeting, which shall be signed by him and

the witnesses, and be preserved together with the reports

rendered in accordance with Article LXI. during the term

of office of the Members.

ARTICLE LXVIII.

The electors may demand admission to the Election

Meeting of their respective distrii



ABT1CLB L>

For maintenance of order in the Election Meeting the

provisions of Chapter V sbsJl be applicable.

II

KI.KI ill!' PBRSONI

ARTICLE LXX.

iiial wbo has obtained the bigbest number of

valid votes shall be declared the person elected, provided the

her so obtained is higher than one fifth of the product

obtained by tliv. total number of the electors in

the Electoral List by the number of Members to be

, l.-,-tMl fm:n tli- listri.-t.

\Vben an elected parson declines the election or diet

before the certificate of election is sent him. or when

lection has become void, either before or after the

certificate has been received, as the result of punishment

agaii lament oi punitive measures concerning

election, or when the election loses validity owing to

absence of eligible qualifications, the vacancy thus created

shall be filled from among those wbo have obtained a

maj< vided for in the preceding clause but have not

been declared elected in the order of majority secured.

In case of necessity called for by instances other than

those enumerated in the preceding clause, resulting from

an action brought before tbe I -aw Courts either against

the election or the person elected, the person to be elected



234

shall be determined in accordance with theprovisions

of

this Article.

The provisions of Chapter VII. shall also be applic

to the cases enumerated in the two preceding clauses.

\Vhen the number of ballots obtained is equal, seniority

in age shall have precedence. Should the date of birth

be the same, the precedence shall be decided by dra

lots.

AR'J

\Vhen the elected person or persons have been deter-

mined, the Presiding Official of Election shall at once

notify the fact to the party concerned.

AKT

The person elected, upon receipt of the notice of elec-

tion, shall notify his acceptance or otherwise to

Presiding Official of Election.

One and the same person can not accept the election of

more than one election district.

ARTICLE LXXIII.

An elected person, who fails to send his acceptance or

otherwise, within twenty days from the day he received

the notice of election, shall be considered as ba

declined the election.

ARTICLE LXXIV.

When no person has been elected, the Local Governor

shall cause a renewed election to be made by previously

notifying the day appointed for that purpose.

\Vhen the number of persons elected falls below the

number of Members to be elected, the Local Governor

shall cause the deficiency to be filled by a renewed elec-



:iccordance with the provision of the

precedingclause.

I ii case of absence of a person or persons to be elected

he instances enumerated in clauses 2 and 8 of the

provisions of the two preceding articles

hh:ul !

:ij 1'.! i.

tide can not be held

dunj'friod

allowed for i

â law suit as

provided for x. and i . ami in case

a law suit has been I, until after the judgement

vered bas become final.

hen the persons elected accept tbe election, the Local

Gov ill at once provide them with certificates of

election, and IK . uuos throughout tbe e

of bis jurisdiction, and report thereon to tbe Minister of

State for Home Affairs.

XVI.

When an election or a person elected loses validity as

tbe result of Cement of a Law Court, or when a

person elected and provided with the certificate loses tbe

validity of his election as the result of punishment

brought about by an infringement of the punitive regula-

tions concerning election, tbe Local Governor shall cancel

such certificate of election, and notify tbe fact throughout

tbe extent of his jurisdiction.



CHAPTEK JX

TERM OF MEMl'.KKSHir AND S 1 IOXAL

ARTICLE LXXVII.

The term of membership shall be four years from the

day of general election. Should the term expire while

the Diet is in session, the same shall be extended to the

close of the session.

: K !.!; i. xxvui.

When a vacancy occurs within one year from the day

of election, the provisions of the Article LXX. shall be

a] 'plied.

But when no person is elected in the above instance,

or when the vacancy has occurred after more than one

year, the Local Governor under order of the Ministei

of State for Home Affairs, shall hold a substitutional

election within twenty days from the date of receipt of

such order.

The date for the substitutional election provided for in

the preceding clause shall be previously announced by

the Local Governor.

XIX.

The term of substitutional membership shall correspond

to that of the predecessor.



N'ST BLBCTIOM AND TUB

ItSOK ELBCTBD.

ART!

v elector who has objection against the validity of

election may institute a suit against the Presiding Official

n at a Court of Appeal within thirty days from

the day of election.

An appeal for revision against the judgement of the

above Court may be brought before the Court of Cassa-

Only iu such instances as when an infringement or

igemeuts against the provisions made for election.

are likely to affect the issue of election, the Law Court

shall decide the nullity of the whole or a portion of the

election in question.

In a suit against an elected person, also, when his

election involves an issuecorresponding

tothe provision

of the preceding clause, the Law Court shall decide the

nullity of the whole or a portion of the election coo-

:d.

ARTICLE L.\\\I1.

When a person who has lost his election and has objec-

tbe validity of the election may sue the

person elected at a Con \ppeal within thirty day*

the date of notification of the names of those elected

made in accordance with the provision of Article

In case, how suit is baaed on the ground



233

tbat the number of ballots obtained bas reached tbe limit

stated in tbe first appended clause of Article LXX., tbe

same shall be instituted against the Presiding Official

of Election, within thirty days from the date of n

made in accordance with the provision of Article I.XXIY.

An appeal for revision against the judgement

Court of Appeal may be made to tbe Court of Cassation.

TICLE LXXXI1I.

In h.'arini: a suit against the election, or the per

elected, the Court shall require the presence of the Public

Procur r he hearh.

TICLE I.XXXIY.

\Yhen a suit against an election or a person elected has

been decided in a Law Court, a copy of the judgement

shall be sent to the Minister of State for Home Affairs,

and when the Diet is in session the same shall, also, be

sent to the President of the House of Representatives.

ARTICI.K I. XX XV.

The petition of the plaintiff shall be accompanied by

a deposit of three hundred yen either in cash or in

Government bonds, the face value of which corresponds

to the above amount. Should the plaintiff lose his case

and fail to pay the full cost of the suit within seven

days from the day the judgement has become final, the

same shall be paid out of the deposit, anl in ease th-j

amount be found insufficient to cover the cost, the b.ilancc

shall be requisitioned from him.



ho by means effected the

insertion of his name in the electoral list, or who hat

made a false statemei >>ase as provided for in clause

hall be liable to a fine of not lest

1 not exceedii

MI.

v person whose act either before or after the elec-

Tosponds to any of the following categories shall

be liable to a minor imprisonment of not less than one

month and rot longer than out* year, or to a fine of not

less 1 not exceeding one hundred yfn :

person who with regard to the eta

either directly or i has given, or offered to

: > an elector or an election promoter, money,

goods, notes or any other benefits, or pnbli

vate employment ; any person who has assisted

or persuaded the acceptance of a donation or an

offer; and any person who has received the

donation or accepted the oft

. person who with regard to the election has

given or accepted food, alcoholic drinks or amuse-

ments, or or entertainments under any

name or in any manner; any person who has

vided or accepted the use of a boat, a carriage

or a horse for going to, and returning from, any of



MO

the places established for election meeting, exn

nation of the ballots, or voting; any prison

has paid on other's behalf, or who has allo

others to pay. the travelling expenses, the h<

charges, and such like outlays; and any person

who has promised to pay such expenses, or accepted

the promise.

3. i son who with

regard

to the electioi

used persuasive measures to an elector by utili:

the interests the latter holds in a temple, school,

.-iness company, corporation, municipality, town,

or village, in form of water supply, tillage, credits,

contributions, etc., and one who has yielded to such

persuasions.

Thethings

received in thepreceding

instances shall be

confiscated and the value in money of what bad been

expended shall be requisitioned of the recipient.

ARTICLE LXXXVni.

Any person whose act corresponds to any of the follow-

ing categories shall be liable to a minor imprisonment of

not less than two months, and not exceeding two years,

with a fine of not less tban five and cot exceeding one

hundred yen.

1 Any person who, with regard to the election,

has done violence or applied means of threat to an

elector, or forcibly detained him.

2. Any person who has hindered the passage of an

elector on thepublic

road, or

byfraudulent means

obstructed him from voting or caused him to vote.

3. Any person who, with regard to the election,

has used means of intimidation to an elector by

taking advantage of his interests attaching to a



Ml

temple, school, business company, corporation,

-l*lity). Cbo (TownX 800 (Vilkge),

Ac , of water iiupply, tillage, credit*, or any

other affairs.

ARTICLE I

*y of the Government officials, employees, witnesses,

and overseer* connected with the basinet* of election,

who has published the name of the person voted by

electors, shall be liable to a puuisbment of minor

prisonrnent of not leas than two months and not exceeding

two yean, with a fine of not less than five and not

more tb .mhired yen. This provision shall apply

even when the fact published is incorrect.

Any person who at the place of voting, or at the place

Ibr examining the ballots, has unjustifiably interfered with

the voting by an elector, or nsed some means whereby

to find out the name of the person voted, shall be punished

a minor imprisonment of not leas than one month and

not exceeding one year, or be made to pay a fine of not

leas than ten and not more than one hundred yen.

rovision shall apply to the person who has opened

the ballot box without complying with the requirements

of the Law or Ordinance for the same, or extracted the

ballot or ballots out of the box.

AUTIC'LB \

y person who has done violence to the Manager for

the Manage! imining the Ballots, the Pre-

tricial of Election. \\'UIH-SH. r 1.lection Overseer,

or caused a disturbance at any of the places appointed for



Ml

election

meeting, examiningballots, or

voting,or

detained, destroyed, or plundered a ballot, I

x, or

any document concerning the election, shall be punished

with a minor imprisonment of not less than lour months

and not exceeding four years.

Any person who has assembled a crowd and committed

any of the acts mentioned in the preceding clause,

bepunished

with a minorimprisonment. Any person who

has knowingly joined such a crowd shall be punished

with a minor imprisonment of not less than one month

and not exceeding five years.

ii.

i son who has used means of intimidationag;i

anelector,

candidate for

membership,or election

promoter,or caused disturbance at any of the places appointed for

election meeting, examining ballots, or voting, or assembled

a crowd with the purpose of detaining, destroying, or

plundering, a ballot, ballot box or any of the documents

concerning the election, shall be punished with a minor

imprisonment of not less than six months and not exceed-

ing three years. Whoever knowingly joined theci

shall be punished with i minor imprisonment of not l-ss

than fifteen days and not exceeding three months.

The offender carrying with him any of the articles

mentioned in Article xcm. shall have one degree a

to each of the principal punishments.

ARTICLE x< m.

Any elector, candidate for membership, and election

promoter who with regard to the election carries with

him a fire-arm, lance, sword, bamboo lance, club, or

anything adequate for wounding or killing others, shall



bepunched

with a minorimprisonment

notexceeding

two

years,r with a fine us than five, and not exceed-

-police or gendnrme authorities are authorized in

case of necessity to seise the above mentioned articles.

\\hosver enters any of the places used for election

meeting, examining*

>ts, or voting, with any of

the objects mentioned in the precedi: le shall have

one degree added to isbment as*

provided

Whoever with regard to the election, and for the

purpose of demonstration, have assembled a crow.:

M.--I in body, or used fireworks, torches, bells, drums,

rupets, flags, or any other mark or sign,

and refused to obey the order of the police.. -s to

desi be punished with a minor imprisonment

of not less than fifteen days and not exceeding six mouths,

or be made to pay a fine of not less than five and not

m one hundred-,

y person who has instigated others for the purpose

of making them commit any of the acts mention

by means of speeches, news-

papers, periodicals, circulars, placards, or any other

medium whatever, shall be

punished accordingto the

provisions of the Articles herein mentioned. In the case

of a newspaper or a periodical that has ben so us*l.

the person sig: I name as editor shall lo be



J-M

\ ii.

Any person who with the purpose of obstruct.

election publishes false reports concerning any of the can-

didates for election by means of public speeches, news-

papers, periodicals, circulars, placards, or any other m< -ilium

whatever, shall be punished with a minor imprisonment of

not more than six months, and with a fine not exce<

In the case of a newspaper or a periodical that

has been so used for the purpose, the provision of the

appended clause of the preceding Article shall be applied.

.in

Any parson who has voted in spite of his disqualifica-

tion, and any person who has voted by a fraudulent use

of a name, shall be punished with a minor imprisonment

of not less than one month and not exceeding two years,

and with a fine of not less than ten and not exceeding one

hundred yen.

AUTICI.:

Any of the witnesses who, without good reason, fails

to discharge the obligations required of him by this Law,shall be liable to a fine of not less tlurn five and not more

:ififty y-

AKTICLE C.

Iii the case of offences mentioned in Clause 2 of Article

XCIL, Article xrm., and Article xciv. the objects carried

bythe offender shall be confiscated.

AUTICM-: 01.

Should an elected person have been sentenced to punish-

ment owing to an offence or offences concerning election



Ml

ig

the election in which he bad bainengaged.

bU

election shall become vo

ABTICLB (Mi.

y person who hat been punished owing to an offence

or offences concerning election, shall be forbidden, by

the power of judgement pronounced by a Law Court,

to exercise bisright

to elect and beelected,

for aperiod

>t less than two and not longer than eight years

after the expiration of the term of punishme>

AI> II

all offences punishable by this Law, six months shall

be considered aa the term of pre* >f penalties

.If.

I.KMKN; Us*.

ARTICLE <

The outlays concerning election shall be provide.!

by an Imperial Ordinance.

ARTICLE i

A U\%^ ut concerning election shall be promptly decided

bythe Law Court in

spite

of the order of

precedencegoverning other suite.

a district where the Cho or Son administration it



2M

Dot in force. >cho

(Headmanof the

place)or

anyperson holding office comparable to his, shall ni

the work expected of the Chocho (Chief of Town) or Son-

cho (Chief of Village) by the requirements of tl,

Law.

In the case of an island where there is Tocli

Official of the island) the work expected of Guncho (Chief

District) by the present Law shall be perfoi

by him, and in an island without Tocho, by one whose

office is comparable to that of a Gunclm.

In the case of the Municipalities of Tokio, Kioto, and

Osaka, the word Shi of the present Law, corresponds to

Ku (Ward); Shicho (Chief of Municipality) to Kucho

(Chief of Ward); and the Shi Office, to Ku < M'lice.

ARTICLE CYIL

Should the witnesses fail to appear at the hour

pointed, or a deficiency occur in the quorum during the

session, the Manager for Voting, the Ballots Examining

Manager, or the Presiding Official of Election, as the

case may be, shall temporarily appoint a new witness

fromamong

the electors.

ARTICLE CM 1 1

The lawsuits concerning electoral list, election or person

elected, except those provided for in this law, sin;

instituted in accordance with the principle g<\< -nun

procedure of civil rase.

AKTirr.E CIX.

The kinds of direct national taxes mentioned in the i

sent Law shall be determined by an Imperial Ordinance.

ARTK 1.1: ex.

In the case of the Hokkaido, or Okinawa Ken (Loocho



Ml

Island*) whci impossible to

apply anyof the

provi-tioot of this Law. a special provision or provisions maybe made by an Imperial Ordinance.

CHAPT1 K Mil

APPENDED BULBS.

ARTICLE (

us Law shall come in force from toe next general

election. In tbe case of the Hokkaido excepting Sapporo

section), Hakodate Ku, and Ouru Ku, or of tbe

. date of enforcement of this Law shall

be specially determined by an Imperial Ordinance.

ARTICLE CXI I.

case of preparing an electoral list required

for electing tbe Members for thefirst

timein accordance

tho provisions of thU Law, the date and period of time

mentioned in Articles \vm-\\., x\ :.. ami >

may be specially fixed by an Imperial Ordinance. Tbe

electoral list so prepared shall retain iu va .the

day when the same list for tbe next year shall have

nil



-MS

SCHEDULE.(Appended to the Law of Election)

n.Ucate* amendment effected by Law No. 38 of the 35th year

of Meiji (1902) ; and o, amendment by Law No. 39 of the same year.

Tokio-shi (city) 11.

Gon-bu (Rural Districts) including Seven

Islands of Izu

Kioto Fu :-

Kioto-shi

Gun-bu 5.

Osaka Fu :-

Osaka-sbi 6.

Sakai-shi ... 1.

Gun-bu 6.

Kanagawa Ken (Prefecture) :

Yokobaina-sbi* 2.

Gun-bu 6.

Hiogo Ken :

Kobe-sbi 2,

Himeji-sbi 1.

Gun-bu 11.

Nagasaki Ken :

Nagasaki-sbi 1.

Gan-bu

Tsushima (Island) 1 .



it* Ken :-

lU-sht ... 1.

Saitama Ken 9.

Gamma Ken :

Mayebaahi-shi I

Takaaki-f 1

Guu-bu

a Ken 10

Ibaraki Ken :-

1.

Gan-bn 9.

Utsunomiya-slii . 1

5.

Nara Keo :

,mshi 1

4

Keu :

Tio-thi 1

Yokkaicbi-ehi* 1

Gon-bti

Ken:

Gui>i i 11.

Sbiznoka Ken :

Shisaoka-tl> 1

i ;:: i i 9.



280

Yamanasbi K

Kofu-shi

Shiga Ken :

Otsu-sbi

<iun-l>u

Gifu Ken :

:i-shi...

Nagano Ken :

Nagano-shi ..................... 1.

Gun-bu ........................ '.'.

Miyagi Ken :

Sendai-shi ..................... 1.

Gun-bu ........................ 6.

Fukusbima Ken :

\Yakamatsu-8hi* .................. 1.

Gun-bu ........................ &

Iwate Ken :

Marioka-sbi ..................... 1.

Gnn-bu ...... .................

Awomori Ken :

Hirosaki-sbi ..................... 1.

Awomori-shi* .......... 1.

Gun-bu ........................ 1.

Yamagata Ken :

Yamagata-sbi..................... 1.



M

AkiU 1 -

Gii:

Toytiiia Ken :

6

Ken :

kai-tbi 1

Gii; 4

Ishikawa Ken :

Takaoka-ln .. 1

Tott<

ttori-shi* . 1

!l-l'tl . ... 8.

.aoe Ken :

MaUuye-shi 1

.u-l'-.i 5.

Oki(IsUnJ) ...

Okayaiua Ken :

Okayauitt-> 1

-

twhiium-shi 1

1

10.



Yamaguchi

Ken :

Sbimonoseki-shi ]

Gun-l-n ... 7

Wakayama Ken :

ikayama-shi

Tokusbima Ken:

Tokushima-sbi 1

Gnn-bn

Kagawa Ken :

Takamatsu-shi ] .

irugame-shi* ... ].

Gun-bu :,.

Khime Ken :

Matsuyama-shi 1.

Gun-bu 7.

Kuchi Ken :

Kochi-sbi 1.

Gun-bu 5.

Fukuoka Ken :

Fukuoka-sbi 1.

Kurume-sbi* 1.

Moji-sbi* 1.

Kokura-sbi* 1.

Gun-bu 10.

Oita Ken 6.

Saga Ken :

Saga-sbi 1.

Gun-bu . :>.



fuamoto-tbi

(iun-km .

M\...- i' . K- :.

Kigoabima-abi

Otbima (Island)

Hokkaido:

Sapporo-ku (section)

Ouru-ku

DVp|)UVU

Otaru



!i :

N:i\v;i

II i

Shimashni

Nakagaini

Km

Pntnrts

Despite the change in population of any of the

districts, no alteration is to be madat least ten years.*



ORIGINAL LAW OF ELECTION

O? TUB

MEMBERS OF THE HOUSE OP RBPRBSBHTATIYLS

\\. \s;ih the advice of Oar Privy Council, gtre'

Sanction to the LAW of Election of th Member* of tbe

opreaentative* and to the Appendix thereof,

and order tbe tame to be promulgated, and We at tbe earns

tin* hat, from the >vnr of tbe convocation of tbe

rial Diet, elections be carried oat in accordance with

tbe present Law.

[His Imperial Majesty*! Sign-Manual]

nth </</ ,W month <>f //u Mnd year tfMreignod) Com. v Kiyotaka,

C-

Count Okatna Shigeno'

Count Saigo Ttukomic:

M,try.C

MMTM.

Count Yamada Akiyosi

MaUagata Maaayoabi,IMCV ami

*< A/*in.

CountOyama

Iwao.

Vi-





I!

goAi .. or macron*.

A*:

Every elector U required to ^cmtm the foUowiag qi He mart bt A male Japanoe* Mhjeot aad be nol IMSUM fall

twenty.fire yea of ag*

Ho mart have feed bU

redded in the Fa or Km. for not Ire* than CUM jear.

th fete of U dr.win* up of tb Uctocmi UM. M<| mo* U

For not IMI than on* j*r prwrlou. to UM UU of UM oiîncout of UM elrtorml lUt. b mutt lf baoa paying, in th Fa or

KM. diiet DJUkMuU Uxr to th anoont of not U

yrn, and Mil bt ftOl pajiBffUM MIM.

Bat in the ouo of UMOOM tax. b* mwt hm Ura PAJIM it

for not )<wi th*n full thrt rr pcvtiooa to th*MM dau. MM!mart be itUl pajing it

A7I :.i VII

CMtof *pnoot!t hat tooeMdod to MI t*l by inbetilrtJ.

the MDoaat of tarn paid oa the rrtate bj nil

ooonted In for hUloaUfioatioo.

Ill

QOAUrtCATtOHS Ol KUOIMJI

AITM.I; VIM

be eligiW*. that are oMfo JpaaM Mbête of MlU than full thirty jr of aft. and that, la the Fu or K*n in which

thrj dêire to be eWcUd. hare bwa pajia dimot MttonU lace* to am

amount of not lev than flftoe m, for a period of n,t le* than one

pr. prerioo. to the date of tb* making oatof

the electoral Uet, andthat are tU) pîag thai amount of diivct national IAMB.

Aa to income tax. bovmr. it it rtquired that eligible penoM ahall

have been paying U for a period of not lee* than three jean pretiooa to

the date of the maMaf out of the ekctoral 1-t, an.l that th.y be atill





penal

M r not ! than on y**r, or'

Urn than one yoor. wbm full throo

jonni hav* not yet elapood oino* tho completion or pardon of

entOttOa*,

0. Peraona who ba?t boon panionod for gambling, whoa foil three

ya%n bOTO OOl JTot WpMQ MBC9 tl

>mM whoM rirfht to ofeot aod to bo olootod

ooooat of an oOwot oonaÛd with MI election.

Mom IB tbo Armj or in the Kavj can not oaoidn tb

to bo oloet* . >o>. Tbo OB

tbooo, who ba?o touipomri >al wrf it* t: I- !

'. r- fr > ..

AMI

Tbo toahu (pator-teosUiM) of familieo of nobility shall bo inapabto of

Wctiog or of bring olocted Mombora of tbo Hoooo of RoprooantaUtot.

ABTICLB XVII

Anjr pvruo. aicainat whom a criminal pro**cution haa boon brought,

-in-l who it in -U-t.-nt ,,-n or :. un<kr bail, ahall U incapable of tfsorofcfeff

,'ht to elect or to bo olootod. until tbo completion of tbo proooîiaga.

BUtCTORAL LItT.

Am :il.

Tb Cbairman of Election abaU caoa tbo Cbocho (Hoad of Town) and

tbo Soncho (U.-, ^) of an electi. to make a liot of all

tho pem>nj in the dutriet harin^ qualification, to eloct. and mako oat

pi thereof bj the lat of April m each joar: ooe of the oopta

ball ho forwardod to tbo CbAirman of Election boforo tbo lOih of tnotame month.

In thU electoral list ahall ba ontorod tbo name, ofldal rank, profoorfo^

cla>, roridonoo and datoof birth of oah elector, and the total amoontof

national teJtat paid bj him, an I the pUoe ia which aeh Usoo are





1

*spiraUoB of the period for pvhlk

Upon tha raoaipt of a aottot about omiarioa. tha Chaimaa of

rfiahfedaotaiou

%*atj dajrfrom tha

raoaiptof ua

When b daoidoi tha aotioa to * roUrmat, h* thall mu**iuUl y

'-:.. .'... . k

'

. .:'

: .

Soncho.Shichoor KucboorthTUor. in which UM IMTMB

to fMidiag. at MUM ttmt publishing U f*cl m ib* lMtfOB

a th froaipi of a noU of wrong rvgUUaUoa. UM Iwurtmn of

Fltotlnn abjdl maaria* tha mnoei lUafad and aridtBot ad4gtd, aad to

i-

f i. .'. .

..:.!..'

:

.

-..-.'aaid noOoe. and tha ana, ooBotraiag whoa) th* noUot haa haam firm.

Thi* laattrr ahall ba daeldMl within tweatj dj froa UM Moaipiof U*

aottea, aad whaa it ia daddad to hava l^-a a wru

SoBeho. Shicho or Kucho of tha pUot. in which th* pafaoa in.

it raaiding. at the mm.- UBM pabteKiBC tbt fact IB tha daetioa dir

\VhaB althar tha pataaa, who haa giiaa taa aottca.or UM pariMO,

about whom it haa haaB gifaa* ia not aKUaflad with tha Wctaioa of

the Chairman of KttflUffli, ha may. vithia avro daja ftroui tha dajr. oa

whioh tha a*J daeiaioa waa givaa* in*t

Kloction inataaoa.

km

Upon tha noaipt of taa aait axtttion^ in tha prtotdtaf Article, taa

Court ahall protaptlj prooaad to tha trial of tha oiat. imafMetif* of ita

x'.. I. i- r

III

ippaal ia allowad afjalaat th* jadfrnaBt of tha Court of Flrat

I^ÂmMfM mmti4MM>l ia tit* tMvcDtiiBtf Afti^W but it ia b^rm^^l^tf 1 1

r. .;.-. r"

' ..-..-:



Am : u \ \ l \ .

The 15th of June shall be the date, on vh:,l, the electoral list shall

be finally settled, and it shall be maintained at it then may be, un: .

day of compilation the following year. Wli.-n, however, any

is to be made in pursuance of the judgment of n

Chairman of Election shall make the said correction within twent

hours from the receipt of such judgment, and shall communicate the

i stance to the Cbocho, Soncho, Shicho or K

which the person, who has given the notice, or the one about whom

the notice has been given, is residing, at the same time publishing

the facts within the election di.

CHAPTEB YI.

DATE OF BLEC .

ARTICLE XXXuur si all tnke place ordinarily on the 1st day of .Inly. In tl, case,

however, of the dissolution of the House of Representatives, 1

an extraordinary election shall be fixed and pr<

Ordinance, at lenst thirty days beforehand.

\\\I.

voting place shall be opened in the Town or Village Office or in

some other place named by the Chocho or the Soncho, and shall be put

under the management of the Chocho or Soncho.

AETICLK XXXII.

ctors in a Town or a Village is not numerous

enough to require the opening of a v< \ r.d Towns or

several Villages or both may be united for the purpose.

In this case, the Guncho shall, subject to the approval of the Qov

of th. Towns or Villages to be thus united, the

voting place,and the Chocho or

Soncho,under

whose managementUn-

voting place is to be put

U XXXIII.

The Chocho or the Soncho shall nominate net less than two and not

more than five witnesses from among the electors n. requesting tbm to stUod the voting place oo that day.

The witatesss csnnot dtfcline tbir omlaatkm without proper res*

xi-M-.i: MI.

Ton o.

AmcLR XX XIV

voting shall oottmenot at 7 o'clock A.M. and be closed at o'clock

Am

The ballot box hall hure a double lid, each I; .different kej.

One of the two kej* b*U be pat in the euetodj of the Chocho or

Soncho. MM! the other in tht of the witneM.

Am;

re the commencement of the voting, the Chocho or the Soncbo

hull, together with the witoeeMe, open the hmllot box in the pruenoe' eleeton on the spot, and show them that it it empt/.

ARTICLB XXX VII

the daj of election, elector, shall come in pereon to the roting

place and Tote after identifjing themealfw with their namee in the

eleotoral bet

\ 111.

The toting papers shall be of a uniform style in eah Fa and Ken.

and shall be gi?en to each elector by the Chocho or the Soncho. si

voting place on the day of election.

Every voter shall, at the voting place, inscribe upon the voting paprthe name of the person he votes for. then his own name and residence,

and shall pnt ht tamp upon

AKTICI.K XXX

a a voter declares himself tavmg

>%lHt of forming the character*

.red, the Cbocho or the Soncho shall direct an tieluii to do so for



Ml

him. The paper shall next be reai to the voter, who shall put his (tamp

thereon and then out his vote. These details shall he entered in t..-

of the voting.

' In an election district whore two or more than two Members are'

elected, the method of'

* : ite"shall be employed.

ARTICLE M.I.

No person, other than those entered in the electoral list, shall '->

capable of voting. Should, however, any one come to the voting place

on the day of election, bringing with him a judgment of a Court of Law

en titling him to have his name enter lee bora 1 list, the Chocho

or the Soncho shall give him a voting paper and allow him to vote. Tin-

circumstances shall beentctv<l in th<* minutes of the voting.

\.\. XLI1.

n the time for closing the polling arrives, the Chocho or the Son-

cho shall declare the fact and shut the ballot box. After the shutting of

the ballot box, no voting shall IKS allowed.

ARTICLE \I,1II.

Chocho or the Soncho shall keep minutes of the voting, in .

are to be entered all matters relating to the voting, and to which he shall

put his signature as shall also the witnesses theirs.

nou \LIV.

On the day following that of election, the Chocho or Soncho shall send,

in company with one or uioro witnesses, the ballot tox and the- minutes

of the voting, to the Gun, SM >r K'u Office concerned in the management

of the election.

\!.Y.

In the case of an island : an election district, whence

are circumstances to make it impossible to send the ballot box within t )i.-

time mentioned in the pr-: tide, the Governor of the Fu or Ken

may fix a convenient dat> for voting, between the day of the settlement

of the electoral list and the dat -

ction, and cause the ballot box

to be *ent by the date of the election.



M

Mil

BUKTIO* MCI

\I.\ I

The efcotioo meeUng shall be tU la tbe Gun, Shi or Ku Oo, *-

tro^ with the management of the election.

The Chairman of Election shall noo,int. by lot

of not K*s than three and of not more than seven persons, from

the witnesses aa r->m the diflereu laces.

; \ 1 1 1

On the day Ml ..win- that of ttx> tranonUeion of the ballot boxes, the

Chairman of Election shall opea each ballot box in the pretence of

the Election Committee, and st*ll count the total

number ofballots

andthat of the voter*. When there is any difference between the total num-

ber of ballots and that of the voters, too fact shall be enUrtd in the

fcMtescfftfctla*rJ i

i\

n th* counting has been finished, the Chairman of Election shall

inspect tho ballots in company with the Election Committee.

AmcD

Tbe slsotors may request admission to tho election meeting of their

K LI.

The following ballots shall be void :

'hose of person* whose names are not recorded in the electoral

i*. however, otherwise in the ease of a person, who has

voted in virtue of ajudgment

of a ." -urt of Law, which he had

brought with

3. Ballot*, for which a regular voting paper has met been nsiJ,

Ballot*, on which the voters name is not stated.

hose, on which the name of a person, who has no qualification*

for elation, is inscribed. But in the case of a * Kradn de Kef*,"



such a ballot hall have effect with respect to an

named therein M do possets those i us.

Thoeton w ;

r the name of the Toter or that of the per-

on voted for cannot be deciphered on account :

characters used, stains, erasures or injuries. It is otherwise,

when the ordinary kana character* are used, or when the name,

though formed of wrong characters, may be clearly recogn

Those, in which words other than those specific second

clause of Art ! \ \ \ VI 1 1. an- \vritt.-n. I '.tit it is not the sAne,

when the official rank, profession, class and residence of the

person voted for. have been added, >

;l,t not be

mistake of identification, or \\] of respect have been

ARTICLE LI I.

When any doubt arises as to the validity of a l>;ill..t, the Chairman of

Election shall decide, after having heard the opinion of the Election

Committee. Against this decision, no objection can be raised a

election meeting.

ARTICLE LI 1 1

Those ballots, that are void, shall be crossed across, and tl

stances shall be recorded in the minutes of election. Such ballots

be preserved for a year, and at the expiration of that time, shall be des-

troyed by fire.

ARTICLE LIV.

When a ballot contains more than the fixed number of names of

sons to be voted for, the names in excess of the fixed number slull I..

struck off commencing with the lost.

When a "scrutin de Hate" contains less than the fixed nmni

names, only those actually put down upon it shall be counted. In case

the name of one person is written twice, it shall be counted as one vote.

ARTICLE LV

Ballots shall be preserved for sixty days in the GKu i\ u Office,

but shall be destroyed by fire at the expiration of the said per

ARTICLE LVI.

uing an election suit, either a criminal accusation or

indictment has been brought, the ballots shall be preserved until th<

settlement of the case, without any regard to the expiration of the

periods mentioned in Art i.! LIU. :md in \rt !

'



W7

The Chairman of Klectiun shall wake minuUs of the election, mwhich lull U rt*N.rd.Ul UtinKtotbeii*.pectum of the elec-

tion, and etieJl preserve them, after pottlag hit signature and obtaining

II,.*. ,-f th, , ,.,..,.I,.M .-! MM Kl- t :i!l , .,, Jllm !t..,.

T*t> I'KRMONM.

ARTICLE

The individual, who has obtained a relative majority of the total num-

ber of ballots, shall be declared the elected person.

When the number of ballots is equal, the individual, the senior in

point of birth, shall be declared the elected person, and when the dates of

are the same, it shall be decided by drawing lots.

ART

When the elected person or perrons nave been setttod, the Chairman of

SSStiOBJ ").:i!l -it vi; II.IJMI:;I. .it i- }. . >r'ii'-ir run:- < in '.

'

. :. . ::

'

r

of hi* or their ballots to the (i- the Fu or Ken.

An

Upon the receipt of the communication mentioned in ihv preceding

o. the Governor of the Fu or Ken shall give notice to each of the

elected persons, and shall notify their names throughout the .!

under his jur

ARTI

Upon the receipt of notice of election, every elected person shall corn-

Ate to the Governor of the Fu or Ken. as to whether he accepts it

or not.

ARTICLE I

Any individual, who has been declared elected in several election

4Hg^+^mpo*^nm&*1tom<M*al**^<amm*****>the Governor of the Fo or Ken which election he accept*.



i

LXIII.

Those elected persons shall be considered to have dec-

who, being then within the respect i . -not made

the coiuuiunication of acceptance within ten days, or

of the respect it. u, have not made such COIMMI ithin

twenty day*,

.IV.

When an elected p': n or does not send

in the communication of acceptance of el- he fixed period,

the Governor of the Fu or Ku shall fix the-1 I cause

the respective Chairman of Election to hold a new election. Hut in t)i<>

case mentioned in the second clause > ny indivi-

dual, who has been declared an '-TSUI J.y .ag of lots,

either decline or fail to send in the communication of,

tic-

other person, who has lost the election by the s. lot*, shall

1>e declared the elected

person.

U I, XV.

When it baa l>een settled who are t

t, the Governor of the Fu or Ken slul, t'es of

election, and notify their names throughout

tion. He shall then report thereon to tin- Miinst-r ..t

1

^tnt.- t'.-r

Affairs, with the statements of tin- ninlitic ;iti.>i.~ : sons.

CHAPTEB X.

.

YI.

The term of meuilership shall be four years. -n of

>ers may again accept election.

n, upon the occurrence of a vacancy am tod in the msyeotiv* election district for the election

of *oUtitutiowiiM*iiiljrr, within lwHjdajfrotntbr Uy, oo which

ha received the cnlrr of the mid Miniate* of State.

An: | in

The tern t utional mcfnterahip thaU oormpoad lo that of tb

( II.\i

Th Cbocho or Soncho charged with the atftnagwOMiit of voting hnnwintain order :. ^ place, and. in a oaee of necettitj. maj delirer

an offender to the police authorities to be dealt with bj thorn.

Amcui I

l^reoa cariTing weapon* or araa U permitted to enter a voting

An

;trson. who is not an elector, is permitted to entr a roting place.

ARTICLE LXX

At a rot tog place it is forbidden to make speeches, to engage in ditvue-

sions, to oaoae an uproar, or to ose persuasion for the rotes of other

ntofb,

AaricLE LXXII1

tbs the order of a voting place, the Chocbo or

Sonchosl , a warning, and, when the warning is disregarded.

ska: sj m at : v* t: i v .tm,: plnM

ATICI.K LXX

A pereon, who hss been compelled to leave a voting place, mar. unless

he has become an offender against law. again be called therein for the

|>nrj.i i-f v t. _



ART..

y of the electors assembled a -.4 place transgresses

>ions of tbo Criminal La\\

present Law, he shall be forbidden to vote, and his name and the eir. u in-

stances thall be reoor minutes

ABTICLK I.\\\ I

As to the decision of the Chocho or Soncho on a dispute relating

i >n, noobjection against

it can be raised ut the

voting place.

i.i !. \\YII.

person, who requests adtnissi- : held at the

^hi or Ku Office charp.><l with inanageuiont of election, shall !

treated by the Chairman < D according to the provisions set t -rth

in th* five Articles from \I\ toArl Mil.

CHAPTEB XII.

SD1T8 ABOUT ELKCT1ON.

ABTICLK LXXVIII.

When a person, who has lost an el- n that there is so

-nt reason to make void the election of ti . rson in the respec-

tive election district, he may institute a suit in a < \uirt of Appeal against

the elected person, within thirty days from th.- -lay of the notification of

the name of the elected person as UK : Article L.\ V

No suit brought after the expiration of the aVove mentioned period

shall be entertai:

ABTI. i.i I,\\

The plaintiff shall, simultaneously with tho tiling of his petr

deposit as security in the Clerk's Bureau of the Court of Appeal

1

ijtnin cash or PuMie Bonds

ARTICLK I \

In case the judgment has been given ;i. r.tiif. shouM !,.

fail to pay the whole amount of the legal costs within seven diys from

the day on which the judgment was : ity money shall



in

propriated for the pwpoea, and should there still resaain any

deficiency, the required amount shall be charged to the plaintiff.

Ase two or more thin two plaintiffs bare brought a euit against

:; .in. I !t.- aii. !.-. t.-||..-r...n.

t,- ir? f \jj-i! BftJ MlffJ . !.'

to all the plaintafs by one and the same document

\1I.

Should the House of Representatives be ordered to dissolve while the

if going on, the Court of Appeal shall .lismiss the

ATI \III

When the plaintiff withdraws his suit, be hall give public

the fact through the medium of a newspaper or by some

AmIn trying a suit about an election, a Court of Appeal msy directly

deliver judgment on those offenders against the Criminal Law or the

preetnt Law. who are connected with the suit at issue. In this case,

however, the Public Prosecutors must be present.

ise he is not connected with a suit about an election, an offender

against the present Law shall be tried in the Criminal Court having

out an election is decided in a Court of Appeal, a copy

of the judgment thall be sent to the Minister of State for Home Affairs;

and on the opening of the House of Representatives, another copy shall

be sent to the President then

ABTI

Against the judgment o: f Appeal on a suit about an election,

an appeal may be made for revision to the Court of Cassation.

Aaricui LXXXYIl.

lected person, who is the object of a suit, shall not lose the right

of a seat m the House of Repreeentattvea, pending the final decision of

< Court of Law.



ARTICLE LXXXYII!.

In connection with a suit about an election, in all matters not j.r

in the present Chapter, the process of ordinary legal proceedings

shall !< f,,ll,. W ,,l

OHAPTEB Mil

PUNITIVE RULES.

ARTICLE I

Any person, who has enVte.l th. insertion of his name in the electoral

j tr:ui<lulently falsifying the amount of his taxp:ii<l,

his age, :

ence, or any other facts necessary for tin- ^r., of an elector,

1> liable to a fine of not less than four urn and of not more than

ytn.

ARTICLE

Any person, who either directly or indirectly has given or his pro:

to giro an elector money, goods, notes, or public or private employment,\\ith the otiject of obtaining a vote for himself, of enahlin^:m<>t her person

to obtain the tame, or of preventing the elector from vet in^ for another

person, shall be liable to a fine of not less than five yen and of not more

than fifty ym.The same rule applies to the person who has received such \i

:

promise.

ARTICLE XCI.

Any person who has either obtained a vote for himself, or has ennl i,-,i

another person to obtain the same, or has prevented an elector from

voting for another person, by either directly or indirectly giving or

promising to give the elector money, goods, notes, or public or private

employment, shall be dealt with, according to the provision of Art I

ritninal Law.

Any person, who has voted or who has r from voting in

consideration of such gift or promise, shall be dealt with in :,



\.-ii

878

ABJ penoa. who hat dun. violeaee to aa elector, witli the object of

oUaiaing a vote for himself, of enabling aaother person to obUia th

tame, or of preveatlng an lector from totiag for another person,

hall be BtaasaCCd to ft BtiaOT OOaflaemOat without Bard labOBr of B)flt

leas than oae moath and of not wore than six months, with a fine of not

fees than fire y*. and of not more than fifty ym.

III.

Any person, who, bj doing riotoooe to an elector, BM obtainrU a toto

imwlf, or tBBhtod uu>U.r penoa to obtain the Maw, or au

pfwftatod the Uotor from Toting for another ptraoa. abaU beliahl.

natoactd to a minor ooaflamoent without hard labour of not ! than

tarw monthi aad of not moro tliaa two jean, with a flae of act law

than tea ym aad of aot more tban a huadrod yen.

ter aawmblat a crowd of people, for the parpoee of

inUmidating elector., of causing disturbance at a Toting plaoe or at an

leettoa meetiag. or of o^taiaiaK. damaging, or plundering a ballot box.

hall be liable to eenUnced to a minor confinement without hanl

labour of not leet than six months and of not more than two yv&n. mill.

a fine of not lea* than ten yen and of not more than a hundred ym.

over knowingly joint such a crowd aad adds to it* influence, shall

be liable to a minor confinement without hard labour of aot lees than

fifteen days and of not more than two months, with a fine of not lees

than three ym and of not more than thirty y.Should the offender be carryiag weapons or arine. oae degree shall

be added to the principal poniahiu.

AftTl

over at the time of ,

>.y doing rioleace to the

election omoere of witness**, either disturbs a toting ple+e or a plac*

of election meeting, or detain*, damages, or plunders a ballot box,

shall be liable to a minor confinement without hard labour of not lees

than four months aad of aot more than four yean, with a fine of not lees

than twenty ym snd of not mow than two hundred yem.

Should the offender be carrying weapons or arms, oae degree shall be

added to the principal punishment.



274

\. \ i.

v*r ooumiits either one of the offences mentioned ia the preced-

ing Article, by aMeuibling a crowd of people, shall be liable to a major

-muient without hard labour.

over knowingly joins such a or Ids to its infltn

be liable to a minor confinement wit! labour of not less

than two years and of not more than five years.

.1-1 the offender be carrying weapons or arms, one degree sli <

added to theprincipal

punishment.

U COVIL

Whoever instigates a person or persons, by means of speeches,

newspapers or writings of any kin mit any of the offences

mentioned in the preceding three Articles, shall be liable to be dealt

\vith, according to the provision of Art. H>.~> of the Criminal Law.

In case the instigation has not produced any effect, the i-rir.

punishment shall be commuted by two or roes.

\.:H U \ \ III.

Whoever enters a voting place or a place of election meeting, carrying

weapons or arms, shall be punished with a fine of not less than threo

i 1 of not more than thirty

ARTICLK \'l\.

Should an elected person have been sentenced to any c.t

punishments

metioned in the ten Articles from Article LX X X I X . t <

Article xrvill., the election shall be void.

AETICLK <

Any person who has voted l.y fraudulently assuming another person's

name, or has voted in spite of his di t ions according to A

X 1 Y, shall l)e punished with a fine of not less than four yen and of not

more than forty

ARTICLK CI.

Whoever has, for commission of any of the offences mentioned in the

foregoing Articles, been sentenced to a punishment severer than confine-

ment, or has been twice sentenced to fines, shall be suspended from t h-

exercise of the right to elect and to be elected for a period of tin

le than three years and of not more than seven y



Should a witue* UU to Ji^lwiv* any of the Jutiet mentioned in the

provision* of the pratent Uw. without *ny jurtifUblo reaeoo. hall b

punUiu-d with a tin* of not Ue I) - an4 of not tuont than

forty

A- to offeacea. other than thaw provisions are made in

UM prMiit Chftptor. thoy hall be doalt with in aoeoriuiet with the

proTitton* of the Criminal l.iw. when u'h proritiou are espreeaeJ

MTerer;

>t shall l* applied.

IV.

In all offencae rvl . month, .hull I* .ntUleml ae

....... .... . , ... .;::;.- .;-, ,

The preaent i >lve, M well M the Articles of Chapt* r

hall be parted up at every Toting phvce and etvry pUce of election

.

.

UPTLBMIVTART RULES.

In -\.-ry Shi. there shall be eeuhliahed one voting place, and tho

naaagement of all voting and election* ae specified in the preaent

Law shall be taken charge of '

the case mention*.! \.. one voting place shall be

established in each electi- and the managemet of all rotingi

and election*M apedfled in th- . iw thaU be taken charge of bj

th. K

UIn the case mentioned in the preomi Shicho or the

Kucho shall nominate not leas then three and not more than seven

from among the electors in i >r his

it, and shall gift notice of nomin ition to thorn, at tenet three



days previous to the date at the same time requo

to be present on the day of election at the Hin the management of election.

witnesses shall be presen < ball also inspi.

t.

In thia case, matters rel ..: shall also U- n .r.l.-.i

tis of election.

' VIM.

lu localities v Toshi (Governor of Island) is api

functions of Chairman of Election mentioned in the present Law shall

barged by the Toshi.

AIM : , IX.

Iu Towns and Yillap .- \\her. : r tin- ur^:ni/.;iti"n

unil \ illages is not in force, tin* functions of the Chocho or Soncho

iiH-utioned in the present T~nv shall be taken charge of by the Kocln

insn).

In the first year of the compilation ctoral list, those persons

who have continuously been paying in full amount, since tin cumiu^ into

force of the Law of Income Tax, on amount of income tax equal t Uuit

specified in Article VI. and Article VIII., shall be considered to bY<

fulfilled the condition as to the period of tax payment required in tax

qualification.

XI.

In the Hokkaido, in the Okinawa Ken, and in the Ogimawur

present Law shall not l>e cairied out, pending the carrying out therein.

! iws for the organization of local governu



APPENDIX

ORIGINAL

LAW OF ELECTION

OF TO

MEMBERS OF THE HOUSE OF REPRESENTATIVES

Tokyo Fu :





<itlU

K,uI

hi.tr,, I II

DtoMd iv

DfcfeM v

HyOgo Ken :

I \

,

1

> .uuKiiinl

,

}

m )

(Koinakun 'innj'

I

|

1 .an'

fOramUiun )^

.rfl'ilUX f

,

/ftrmkmi .

'

)



280

rv-4 iv ' i' tun

'

Fut;uatJi Gun

(TtunaGun )*

(Miharn

N.igUNikiK.n:

District II

District III Minauiitakaku <iun ...

{Kitauiatsuura

Gnu)IkiGun >

Ishida Gun

District V Minauiiuiatsunr.t 'nmvr (EauiiagataGim )

(ShiinoagataGunJ

1

BlM

7

Niigata Kcu :

-

ata

13

District II

District III

District IV

. v8tnct V

District VI

vill

fKitakantxira <Jun

"J

<Hi>?a8hikaabara<iun>

Xakakanbnra tiun

MioauiikanbaraGun

(Koshi(jun )

K.irihaGun

fKitauonuumûu)

iMinamiuoauuiaGunf

jNakauonumaGun (

(Hi-asl,ik-.ibiki4un J

1

(NishikubikiGun

!Sa\va-la

Innl

KaiuoGun\

H&mo Gun '



Saitaniii K- n

hi.'n '1

;

Dtofc

.1

Ken:-i

Dtotrid

|

(

1

' UUJ

iun)

un(

<un("

m )

<KtUkaUuhtkaQa }1

,*uuMhik.i'

Kitaauitanui'

,

**... /

H iru ' .mi > ,

UjuinwAitiin I

pTodauia'.mi

JiK&iui <iun f

I

( -unj

., -..-x

I il HHI i^'li.i.i 't.tiii

iMiiMu.iMla <tun I

/i

^hitAMiA <tun )

(NitU'iunYauiiuU inn

im't

rHi|puhikatiiihika Qua)lln'>.i I

m t

miAm *tun )

-

I



282

District III ...

T\l . i 4 i\~ \lli:ih!llin'tUtl/i isi not i > <

srn 

I

'

1

t VII'

' -nn'

rAwainn ^

= VIM

(.N'agnsn <iinj

IltaraKi Ken :

District I .....,

>iiiia Gun1 Gkm

District II s Kiiji GHiNftko- Gun-

District III(Nishiilaraki Gun)

"'titatata Chw >

'

lYfiki<;.in /

rrict IV <OkadaGun >

f Nishikatsusliika GunlVSarushiuia Gun *

District VI

Tocbigi Ken :

I .

lSlndaitin \

<K~au-hi 'iun}

h'

n I

District II..

Dwtrict III

(Kawachi Gun)

iHagaiun J

JKauiitsuâGun

]

.{ Sbimoteuga Gun ,

'Sainukawa .nn I

[AsoGnn\

.{ Ashikaâ Gun > ..

nn '

Total nnniMember..

I

Tntal number df

nlK

5

. i



:

u :

i

:

DUtr

I-

rn.tr

.uo)

IBoku

.

Takai.

KaUu i

i

I

I

|KlIM.l'Kl <

il-.tl

(licUkaGun)Take i. mi '

)1 I

>

I .1Vllinatuii

(Ahaitiuii )i -an I

)iritun i

(Igft *t r . i

. Nftgoy* K . . . i

.1

.:!-

.... . ...i

MM vi1Q

}.. ,

(K.nsaitun

}

"

District VII

I

N

'

I\ ......... {Ni8hikam..,'

Hi'ôshikauio ChUl

J

Kit:sl::

\i

"'

\

f

1?

Shi/.iioku K. 11 :

lHaibara ûnIjfitO <Min

District V.

/ ikaun lu

\hi < Jun

Distn I I <Uamanaiun

llnasa inn< ; un

IK.-iuiu i iu ii

\ 1 1 < Kuntaku in

I 1 ikata <4un

VSunto Jnn



u:



-286

Di*

I

Ill)

',

"

I ill J

|Ono'in

|

II { M : ;>

ii inn

}1 '

fSM i

, \ Iv tri(;i < inn(

)

I .MI dm(

( ,t iri GNinJ

I

\" nr.-k.iwa < Jui

v i mi -

'Ota <iim

n;i t iv ^x " r

DwtrKm 5

I

'îik;Hi1

Total number of

Mi-nilicrs.

1

l\'ii t 8

<- '

:;;;

fShimnimnochitiunlDistrict II 

, lHit{MhioliikiiaiaGtnf .,

i / u 1 1 1 i; . i H

j(^Kitaa/.iujii (fua J

^\I in-i!nis;iku t Inn)

/ Kitu-i.iku < 'tin \

....I

Distri' VII S'lim -in i ... .1



in

:

DfateM v

(Ami

ITamura

*

UlltLawu -

Jtn/.

I

I

\ I

< on tni.a /

I \

vKwnnuum .un /

/Kskut nJuii

I

llwmk.

j-itM i

'

/'

Iwatc Ken :

l>. !n t IV

( >

f

)ShiUi (( )

Kitnkunoh.-

I

!l ..; bKi .:' "

i <tun

(Kaht

iunl

Iaw.

j

i )

Hani

;

'.



888

Aowoi

Distr

T..U MUI,!HT<.

District n.

District II

Yamagata Ken :

District I .

;in')

(

(

)

Hitfasl

Kamikita <

Shiuiokita

Sann-'h-

Kitataigaru <Jn )

Minatnitsugaru Gun)"

[NakaUngaruGun)

( Nishiteugarn Chm)......

ll

District III

District IV

f Minainiuiurayaina rjuii I

ishiinurayainn Gun!*

Nibliiuiuraj-auia Gun"

f Hiôshiokitauia (iunl

.{ Minainiokitnma Gun / ....

^Nishiokitaum Oun

( At iini 'inn|

% Xishitagawa Gun > ....

^Higashitagawa GKm I

(Mogami Gun )

'(Kitaii)ur.iy:iin:i (JunJ""

...I

Total number of

Metnben.

Akita Keii :

District 1



Dtotrict14

J

(l. .rafi

l*Gt.n)

14 (

1

fi i.)

labikawa Ken :

District 1

I 'strict II...



J'.K)

BUflMDB KtMi :-

District I

District II

District 1 1 1

District IV

District V...

|

I

.{AikaGun

(Xc-ffiGun )i Gun f

jOharaGunf*

(liahiGun J

fShuttoGun )

.{Tatonui Gun/V Kando Gun '

I Niina Gun^.\AnnoGun? ..

lOchi Gun '

i Gun.<Min<

Gun

District VI

fSuki Gun "

1 Ochi GunI

'

jAma Gun i

(ChibnOon.

T.-t.il iiiitiib.-r of

6

...1

Okayama Ken :

District I ....

District II

District III

District IV

District V.,

f >k:iyama Ku'

I M ino Gun.< Jy6d6 Gun

JOku GunVKojiuia Gun

fTsudakaGun )lAkasakaGun f

'

Jlwanashi Gunf(\Vake Gun )

(Tsuu Gun")

IKulxjyaGunf

J Kayo Gun (

f Asakuchi Gun).{OdaGun (

...

IShitsuki Gun /

(J6b6 Gun )

jKawakamiGunf)TettaGun (

CAga Gun J

Member*.

8

....2



M

Di.t

ii

DfctoM in

iM.tn.-t IV

V

VIII

1\

Yamaguclii Ken :

(HinMhiuuiKu

I-

iiiaun)

Tkkamija <)un>

YauuâUi

ITmku.U Gun )

'...-.

iMiUniOan I

:.,oOn ..

. TojoiU.

I FukaUu Gun.kumaGun

U (itin \

Jin^kt Gun

Nukm '

Gun

Y>hik j

<un (AM Gun f

.S*U Oun )Au.u Oun

10

.2

1

J

...1

.n





IN

Dfcfcfl \

Kbimo Ken :

i. iM '

i

DUtrict II...

Ii.T,--t V

M*M vi

KOchi Ken:

[SSftT]

Ouniiira <un

kShuf

I

I Kami

(Umu(NichiowaGun )

iHigMhiawaGon)

KitauwmOna

l.^tn t II ..

DUtrict III

FnUo'u.i K.n :

DUtrict

(Ton Gon )

(Xamoka<iunj

CkteokaG !

AjnwGun'

^'jShim* Gun(

(S^wara <iun )

K..s-;\ i ' I i-

a<iunN.tk i':i;

1i ; v .

Ikuha Gun I

'

I Mitaunia Gnn )

District V {KozumaGun'Shimozuma 6ta&

DUtrict VI ..

Durtrict VII

District VIII

Yamato Jun)

..n\

Kiku Gun )

Tagawa Gun >

'Miyako Gun ">

Nukatsu GtaBI

TguikiiJ.m(

Koge Gun )

ToUl nnmbcr of

Oita



Km i i t Ki*n



/Takaki Oun)

lltaunriGun /

DUtriot IV <MinamiiGun >

/Satsunm <tun I

VKohikihima Gun)

fHiihikari Oun )lAira <Jun /

DUtrict V <KuwalraOun>r .shito Gun I

VKitajgaGun /

fMinamiinorokata Gun^r*^ u- XTT jMinaiinoînii <iuu

(Dlrtnct VI

^KimotaukiGun(lligashiao^ Gun j

District VII .. ,. OshimaGun .



We, with the advice of Our 1 'rivy Council, hereby give

Oar Sanction to the present Law of Finance and order

it to be promulgated.

[His Imperial Majesty's Sign-Manual.]

Privy Seal

The llth day of the 2nd month of the 22nd year of 11

(Countersigned) Count Kuroda Kiyotaka,Minimi- President of V

Count Ito Hirobuiui,

Praidtii / Yrry Covm-tV.

Count Ok iima Shigenobu..VIHM/IT of Statefor Formg* Aji

Count Saigo Tsukumichi,Mi' -fa

.Ntfty.

Count Inouye Kaoru,.ViW.fT </' ft n/lnr* and

nm*rc*.

Count Yamada AkiyoslMini *Ui r Juttic*,

Count Matsugata Masayoehi,Mi

.WI.M/,/,./

*t,it, far Horn,

Count Oyama Iwao.Mb

Viscount M >ri,

Minitln- f St.iU f.>r Kt

Viscount Enomoto Takeaki,Miniiltr ' *t.it,



THE LAW OF FINANCE,

CHAPTER I.

GENERAL RULES.

ARTICI.

The financial year of the Government shall commence

on the 1st day of the 4th month in each year, and end on

the 3lst day of the 3rd month of the following year.

All transactions of matters relating to receipt and dis-

bursement of the revenues and expenditures of eachfinancial year, shall be completed on the 31st day of the

llth month of the following financial year.

ARTICLE n.

All receipts from taxes and all other resources shall be

treated as revenues, and all expenses, as expenditures.

Revenues and expenditures shall be embodied in the

general budget.

ARTICLE III.

Sums appropriated for each financial year shall not be

applied to the payment of expenses belonging to another

financial year.

IOLH iv.

No Government Office is allowed to keep special funds

other than those provided for by law or ordinance.



CHAM i.i; II.

ARTICLE V.

The general budget of annual revenues and expenditure*

shall be laid before the Imperial Diet of the previous year,

at the begin its session.

VI

The general budget of annual revenues and expenditures

hail be divided into two parts, the ordinary and extraor-

dinary ;and each part shall be subdivided into Titles and

The following documents shall accompany the budget

for the information of the Impeiial Diet:

1. I';i|er stating the amount of the estimated ex-

penses demanded by the respective Departments

of State. In this paper, every item in each Para-

graph shall be explicitly stated.

Paper stating the actual accounts of the revenue

and expenditure of the financial year, ended on the

t of the 3rd month of the current year.

iirl.K VII.

The reserves to be provided in the budget shall be

to the following two classes :

1st res*

2nd reserve.

The first reserve shall be used to supply deficiencies,

which are unavoidable in the budget.



300

The second reserve shall be used to meet necessary ex-

penses unprovided for in the same.

CLE VIII.

The account of sums defrayed out of the reserve shall,

after the lapse of the financial year, he laid before the

Imperial Diet, and its approbation shall Ixj sought.

Ainin.i; ix.

The maximum amount of the Treasury Bills to be

issued during each financial year, shall be determined

with the consent of the Imperial Diet.

CHAPTER III.

ARTICLE X.

Taxes and other revenues shall be raised in accordance

with the provisions of laws and ordinances.

Taxes and other revenues shall not be levied except by

officials qualified therefor by law or ordinance.

CHAPTER IV.

EXPENDITURES.

ARTICLE XI.

The amount appropriated for the expenses of



01

Government for each financial year, shall be defrayed oat

of the revenues of the same financial year.

ARTICLE XII.

The Ministers of State shall not apply the appropria-

tions for any object other than that prescribed in the

budget; nor are they permitted to interchange the

amountsof

appropri. each

Paragraph onefor

theother.

The Minister of State shall band over to the Treasury

all receipts unlr i! ml, and shall not make use

K XIII.

urs of State shall draw order of payment

upon the Treasury, in or*i "fray the expenses apper-

taining to their respective a*1n uins.

B power to issue order of payme i ver, may be

delegated to other funcii<>nu! ecordanee with rules

specially provided for.

ARTICLE xiv.

The Treasury shall not make payment on such orders,

as are contrary to the provisions of laws and ordinances.

Tli era of State shall not issue order of payment,

except in favour of a or of the Government

or his agent.

For the expenses enumerated here below, the Ministers

of State may, however, issue order of advance payment in

cash, in order to delegate the power of cash payment to



MM

competent officials or to banks specially assigned by the

Government.

1. Payment on the principal and interest of national

debts.

2. Expenses of troops and fleets, and Government

vessels.

3. Expenses of Government Offices abroad.

4. All expenses to be paid in foreign countries,

besides those mentioned in the preceding clause.

5. Expenses to be paid in those districts in the

interior, where the means of transportation and

communication are incomplete.

'. Those miscellaneous ordinary expenses in the

different Government Offices, of which the whole

annual amount is below five hundred yen.

7. Expenses of Offices, the situation of which can

not be settled in one place.

8. Expenses of works carried out under direct

supervision of the different Government Offices,

provided such expenses do not exceed three thous-

and yen for each superintending official.

CHAPTER V.

\AL ACCOUNTS.

ARTICLE XVI.

General final accounts to be laid by the Government

before the Imperial Diet, after it has received the verifi-

cation of the Board of Audit, shall be drawn up in the



>"i

same form a* the

generalbudget, and shall contain explicit

statements of accounts at to the following particular* :

. . . :.

'

:*

Estimated amount of revenue*.

Ascertained amount of revenues.

Amount of revenues received.

Amount of revenues not yet received.

EXPENDITURES.

Estimated amount of expenditures.

Amount of expenditures increased after the determina-

tion of the budget.

Amount of expenditures,t

h order of paymentbad been issued.

Amount to be carried over to the next financial year.

ARTICLE xvn

The following documents shall accompany the general

final accounts mentioned in the preceding Article, together

with the report of verification of the Board of Audit :

1 Reports on final accounts submitted by the res-

pective Departments of State.

- Accounts of the national debts.

3. Accounts of cases in which special modes of treat-



aoi

CHAPTER VI.

TERMS OK PRESCRIPTION.

ARTICLE XVI 1 1

As to those liabilities of the Government, of which the

creditor has not made the demand of disbursement or of

payment within five years, after the end of the financial

year, in which the payment should have been made, they

shall be considered to have passed the term of prescription,

and the Government shall be free from the liability. But

in case the term of prescription is fixed by a special Li\v,

the provision of such law shall be followed.

ARTICLE XIX.

When, concerning any amount of money due to the Gov-

ernment, a person has not received notice for payment

within five years, after the end of the financial year, in

which such payment should have been made, he shall be

freed from the liability. But in case the term of prescrip-

tion is fixed by a special law, the provision of such law

shall be followed.

CHAPTER VII.

SURPLUS. TRANSFER OF APPROPRIATIONS TO ANOTHER

FINANCIAL YEAR. RECEIPTS NOT PROVIDED

IN THE BUDGET. REFUNDING OP

APPROPRIATIONS.

ARTICLE XX.

"When there occurs a surplus in the annual account of a



<-.

*r.

In CAM any express permission is specially provide

t. <>r in case expenses have not been wholly \n\>\

n accoun ys caused by

itnstanc progress of any work or

manufacture, \\hi, \\ had to be completed within tl< said

financial year, the appropriations may be carried ovr

and disburse.!rig year.

.11.

In case the total amount of a ire fund

is determined for any work, manufacture, or any <

undertal oars for compte-

the surplus of ea y be successively

?d over and disbursed u ond of the year, in

h tin- Mii-1 work, manufacture or other nndortal

>ed.

ii.

paid back for ng sums which had been paid

i mistake or bad been overpaid, receipts belonging to

al year of which the accounts of receipts and pay-

i has be* her receipts not provided

in the budget, shall t> he revenue of the current

icial year. However, in the case of an advance pay-, of a dishursem ite amounts, or of a

a temporary interchange of items, %v

has b -en made in accordance with the provisions of law or

Imperial Ordinance, the sums of money paid back may be



806

applied for refunding the respective appropriations, out of

which they had been originally paid.

VIII.

WORKS UNDER THE GOVERN II,

AND PUI .A M> I .! AND

BOi

IV.

Excepting the cases otherwise prescribed by law or I>

rial Ordinance, works under the Government, and the sale

and purchase and lending and bori f articles shall In-

put to competition, by giving public notice. In the follow-

ing cases, however, contracts may be entered into at

cretion, without resorting to the con

1 In the case of the purchase or borrowing of nrhVl. -

s

in the exclusive possession of a single person or

company.2. In the case of works to be carried out, or of an

to be purchased or sold, or to be lent or borrov

under circumstances requiring the actions of ih--

Government to be kept secret.

3. In the case of extraodinary urgency, when i

is no time to put to competition (lie undt-rtikiii

a work, or the purchase or sale, or borrowing or

lending of articles.

4. In the case of articles which, on account of

peculiar nature, or on account of the special< 1

for which they are to be used, require to be pur-



01

iaed directly in the

pUoeof production or in v

foctur*. or f prodaoert or manufacturers.

5. In the case of tho purchase of manufactures or m-

HtrumenU, which cannot be manufactured except

p Q| ii trtl t v

AHO of lands and

1 linH. requiring particular situation or construe -

7. In the case of contracts relating to works, and of

purchase or borrowing of articles, of wl.

the cost or value does not exceed five hundred

8. In the case of the sale of movable properties, the

estimated value of which does not exoced two I

<lrod yen

. -. In tho case of the purchase of wen of war.

iso of tho purchano of horses in the A r

11. In case a work or inanufa > be

undertaken, or some articles a tsed, for ex-

pose.

hi the case of the employment of the poor be-

longing to a charity establishment, or in the case of

s produced or manufao-

tured therein.

In the case of the employm labour,

he direct purchase of things manufactured by

same, tie CMS of th direct purchase of

articles, produced or manufactured at an agricultu-

ral or industrial establishment under the control of

tl

1 I hi UM case of the sale of articles produced or

;red at an agriculturalor industrial es-

tablishment under the Government, or an establish-



806

ment under the Government for

charityeducation,

or by convict lal

No payment shall be made in advance for \

manufacture, or for the purchase of articles, excepting in

cases of men of war, arms and ammunitio

CHAPTER 1

ACCOUNTING OFFICIALS.

ARTICLE XXVI.

Officials, who are charged with the receipt and disburse-

ment of cash and with serving articles in and out, that

belong to the Government, shall be responsible in every

case for the money and articles under their management,

and receive the verification and decision of the Board of

Audit.

ARTICLE XX VI I.

In case where the officials mentioned in th preceding

Article lose or injure cash or articles, by fire or flood,

or by being robbed of, or by any other causes, they shall

notbe

relieved fromtheir

responsibility, unless, by proto the Board of Audit that the loss or injury has been un-

avoidable in connection with the custody, they shall have

received decision of the said Board, discharging them i

the responsibility for the same.



109

1CLB XXV 11 1.

The officials, who may be required to deposit>-.

<ing charged with ilio receipt or disbursement of cash

b serving articles in and out, tball be determined

Imperial Ordinance,

The capacity to order payment and ilmt of dealing witb

of money, tball not be corn-

in one person at tbe same time.

MISCELLANEOUS ItULBS.

1 n case wh.

isions of tbe

present Law on aoco menu, a special

mode of treatment may be allowed.

Tbe establishment of a special mode of treatment shall

be effected by law.

.\i;ii. i.r. \\\i.

The Government may ei. it) Nippon Ci

the management of the Treasury funds.



310

CHAPTER XI.

SUPPLEMENTARY RULES.

ICLE XX

'I Iiu provisions of the present Law not relating to the

>rial Diet shall r force fr iyof thj

I th month o; rd year o:

the Imperial Diet shall com.' in of its

opening.

The provisions of the present Law relating to tin; final

accounts shall have application from the accounts of the

financial year, for which the vote of the Imperial Diet

have been obtained.

AKTK I II.

The Laws and Ordinances, which are incompatible with

any provision of the present Law, shall be repealed from

the day of the coming in force of such provision.











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