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CONSTITUTION OF THE EMPIRE
JAPAN.
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>\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
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636239
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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.
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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
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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
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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
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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
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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
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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
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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
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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 ^o\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 achievementshequeathe<i
I Ancestors, and all that it i- pr..p -d
is to o|>en the way for the ultimate
accoiupli.-hnient of the ol -.lin-
ed by the said Imperial Ancestors.
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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-
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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
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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).).
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there were !um<iiv<l ami .-j^lay Kunit<mko
(Governors "f I'r.^im-.-). 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 co^aad for
>.io
lut are to b added the UUad of Poneomeeded U> Ji
"
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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.
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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*
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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
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>|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
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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
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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
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neoeapary
to remark that, ae a
consequence,
He also
possesses the power to refuse His sanction. Sanc-
tion is a manifestation of the sovereign power- of 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
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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-
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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.
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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-
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\ 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-
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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
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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
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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
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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
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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
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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-
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! ^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'.
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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 lle^ora-
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.)
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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..,-
^ive
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
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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
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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
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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 !.
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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
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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.-
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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 ^ip
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
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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-
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minute classes of the people into hi^i, 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.)
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(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
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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.
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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
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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
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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
c^ential 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-
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'
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
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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
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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
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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.
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.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-
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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.
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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
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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
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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
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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.
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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-
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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.
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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
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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,
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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.)
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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
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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
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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
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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
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58
right of reigning ov< r and governing the country,
though the determination of the regulations con-
ling the matter in question i- drlr^atrd 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
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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- .r^ani/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
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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
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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 >
tran^uility
: amijj
i->
hnprl
tlial in thi-
way
iiil.-r-
-'
JTlfltfir"10 mn
yfKlla KA
Mippii^i 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
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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
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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-
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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
power- of 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:
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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
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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
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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:
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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_^art 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 be^elnnrT5ed~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 petitions^ecgad^, 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
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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
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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.
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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.'
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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
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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
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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.
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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
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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.
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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
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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
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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-
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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 le^i>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.
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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
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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.
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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 <i >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
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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.
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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-}
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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,
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yet a Member may in the u^ual 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
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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
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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
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'.'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
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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.
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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
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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.)
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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.
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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. r^e 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.
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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 pfooMdiB^i 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 JTvd^ii 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
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-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^pnn^il.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-
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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 IJcl^inin. 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
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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-
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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;
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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-
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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 ;>-
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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.
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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-
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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\c<i ini.->ion. 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
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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.
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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.
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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 *
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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'* /.
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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
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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.
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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
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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.)
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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
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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
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.: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 Liti^at .
)>< 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
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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'c^ary 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
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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
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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.
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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.
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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-
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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.
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(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<i the consequent
-ase in milit: -esf and in
tho>- r..ii nected with royal residences* parks,
gardens an<l tlie lik.-. tlu-ir prixate treasuries began
to show uV ^ummoned 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
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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
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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 :<lan^i*r lli-
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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 po^ihility 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
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; .;
>!. 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-
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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'* /
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: 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
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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 ^uh-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 I^udirrt. 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
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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.
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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
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:.
th-
Mir|iln- fi.'in Otben lii which .ui
eded and payments
h.i\ IMM-H m.i'l-- \\ in, -|. hi., not
^et, 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,
.
..;. /,..,.......
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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 <i Kt.it. Such decree -hall be
-uimitte<l IM the legislature ; ,t it- next session f<r
; probation (law >} 1 878 ,
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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.
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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-
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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'^al nhligatinim of tr in-
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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 ohli^ation 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 power- of the
Kinperomr any expenditure neces-itated hy an ef-
fect of law or for the fulfilment of le.^al 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-
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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 power- of 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-
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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
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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-
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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'.ud^et. 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.
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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
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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
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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
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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'.lld^et 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;
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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:
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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 ^ImiiM 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
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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
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"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 -
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- 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\-i^ionis
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 ^ovi-rniim tin- country
:' he were Kmpcror indeed, yet he U not
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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-
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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 he^aii 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
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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
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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 re^ulation-
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
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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
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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-
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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
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i.-nt in question ha1
IHCH pmmulgatC'1in the
form f Ordinance or of Notiti<-aii<m.
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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.
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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
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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.
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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
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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
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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.
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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.
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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.
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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.
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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
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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
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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.
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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
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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-
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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.
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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
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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.
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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
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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.
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\\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,
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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.
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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.
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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
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:
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 .
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\\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 '">' \\'<i>\
Viscount Mori Arinori,
Minister of Si 'ion.
Viscount Enomoto Takeaki,
Minister of Statefor (.'
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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.
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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.
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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.
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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.)
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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
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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
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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
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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
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;
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
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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-
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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
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(
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
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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.
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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
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..
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.
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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.
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:
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?-
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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.
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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
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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
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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-
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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
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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
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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.
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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.
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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
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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
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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*.
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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
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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
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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
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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 ^arue 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.
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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
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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
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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
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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.
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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.
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<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.
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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
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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
. . .
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\\ "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
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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
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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-
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: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
^a 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.
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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.
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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
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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-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 .
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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.
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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.
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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.
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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 . :>.
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fuamoto-tbi
(iun-km .
M\...- i' . K- :.
Kigoabima-abi
Otbima (Island)
Hokkaido:
Sapporo-ku (section)
Ouru-ku
DVp|)UVU
Otaru
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!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.*
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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-
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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 oi^incout 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 Mb^ete of MlU than full thirty jr of aft. and that, la the Fu or K*n in which
thrj d^eire 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) p^iag 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
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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 oona^Ud 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 prooo^iiaga.
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
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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^^AmMfM mmti4MM>l ia tit* tMvcDtiiBtf Afti^W but it ia b^rm^^l^tf 1 1
r. .;.-. r"
' ..-..-:
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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 < i
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v, ;
to the persons nominated at Uest three dys previous to tb* daj
<>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
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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.
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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*,"
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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 !
'
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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*.
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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< I
of State for Hoiue Affair* orders the Governor of the respective )
Ken to hold a substitutional election, the latter shall cause an extraordi-
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Mnarr election to U> 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. _
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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
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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.
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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 :,
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\.-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.
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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
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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
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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
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APPENDIX
ORIGINAL
LAW OF ELECTION
OF TO
MEMBERS OF THE HOUSE OF REPRESENTATIVES
Tokyo Fu :
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<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 .
'
)
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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
fKitauonuum^uu)
iMinamiuoauuiaGunf
jNakauonumaGun (
(Hi-asl,ik-.ibiki4un J
1
(NishikubikiGun
!Sa\va-la
Innl
KaiuoGun\
H&mo Gun '
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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
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282
District III ...
T\l . i 4 i\~ \lli:ih!llin'tUtl/i isi not i > <
srn < I
1
.Mil)
"(MusaGun j
'
|
' Mill \
Fli
1\ .in.il: .ii ii < inn >
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
JKauiitsu^aGun
]
.{ Sbimoteuga Gun ,
'Sainukawa .nn I
[AsoGnn\
.{ Ashika^a Gun > ..
nn '
Total nnniMember..
I
Tntal number df
nlK
5
. i
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:
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 <i tin J
r i -
4
1
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1 1
I>*t r . i
. Nftgoy* K . . . i
.1
.:!-
.... . ...i
MM vi1Q
}.. ,
(K.nsaitun
}
"
District VII
I
N
'
I\ ......... {Ni8hikam..,'
Hi'^oshikauio ChUl
J
Kit:sl::
\i
"'
\
f
1?
Shi/.iioku K. 11 :
lHaibara <i
District IV ... ...... {San>^unIjfitO <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
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u:
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-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
'^iik;Hi1
Total number of
Mi-nilicrs.
1
l\'ii t 8
<- '
:;;;
fShimnimnochitiunlDistrict II < U ,
IShi ''1111
II (Chiisagata <tun)
"(Hi m>
, 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 <i in .1
Total number of
Miy ; i;_'iK. u : 5
|
. lii Ku|
< N;itun <;.ui >... .1
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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
;
'.
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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 Hi^oshiokitauia (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
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Dtotrict14
J
(l. .rafi
l*Gt.n)
14 (
1
fi i.)
labikawa Ken :
District 1
I 'strict II...
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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
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M
Di.t
ii
DfctoM in
iM.tn.-t IV
V
VIII
1\
Yamaguclii Ken :
(HinMhiuuiKu
I-
iiiaun)
Tkkamija <)un>
Yauu^aUi
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
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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 < i uti
ToalMMteVf
7
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21)4
fOnga Gun
TV. . TfT JKiirnt' <JuDMtnct HI
)KamGun'
(llonami GhwJ
!'!un
)
Mihara Gun I
Yamamoto <iun> .
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
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Km i i t Ki*n
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/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 jMinaiino^inii <iuu
(Dlrtnct VI
^KimotaukiGun(lligashiao^ Gun j
District VII .. ,. OshimaGun .
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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,
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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.
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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.
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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
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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
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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
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>"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-
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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
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<-.
*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
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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-
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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-
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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.
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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.
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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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