The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1878-06-19
BY HUGH WILSON AND w. G.. BENET.
japanese Justice and Courts.

| Japanese Justice and courts.
A correspondent writes from Toxic,
giving us an interesting insight into
the manner in which the laws are ad-
ministered in Japan. He says: When
Japanese feels himself injured in per.
son or property he may have recourse
to the assistance of fellow citizen, apt
to be conveniently near at hand, who
strolls up and down the pu bile highways
in foreign clothes and long club. It
is this persons business, like that of a
journalist, to mind other peoples busi-
ness, and he Immediately interests him
self, therefore, in the cause. If the
wrong falls under the cognizance Of
criminal law the police proceed, on in
formation, to find and arrest the guilty
person. If the injury looks for remedy
to civil law, complaint is lodged at the
local sai6ancho, or lower court. Each
ken, or political division of the empire,
has saibancho, as also have the three
fu, or municipalities, of Toxic, Osaka
and Saikio. The court has original
jurisdiction in all cases, civil and crimi-
nal, save small thefts and assaults,
which are first tried by the police. The
saibancho, then, is the place where the
great mass of legal business is done,
where neighbors have their disputes
settled and the lesser sort of rogues get
their dues.
Above. the saibancho is the Joto Sal.
bancho, or supreme court, of which
there are four in the empire, sitting at
Toxic, Osaka, Nagasaki and Miyagi.
These hear appealed cases from the
local courts, decide capital cases and
examine the draft judgments for penal
servitude for life, rendered in the sal
bancho. Finally we have the Daishinin
or supreme court, presided over by the
chief justice of the empire, assisted by
eleven associate judges. This court
hears appeals in both civil and criminal
cases, tries important cases in which
natives and foreigners are concerned,
and has original jurisdiction in the i'm
peachment of judges and in trials for
treason. Beyond all, the subject may
apply to executive clemency, and the
dissatisfied foreigners can resort to
diplomatic influence.
The general arrangement Of all the
court-rooms is the same. The Judge
and kenii (an officer permanently at
tached to the COURT have their seats and
"bench on the higher of two platforms
which rise in the rear of the apartment.
On the lower platform are similar ac-
commodations for the clerk or clerks.
On the floor, behind the railing, sits the
executive officer of the court. Outside
the bar are chairs and benches for the
parties to the suit and their counsel and
the public. In civil cases, desks and
chairs are furnished for the convenience
of newspaper reporters. In the su-
preme court, which confines itself most
ly TO hearing appeals, and seldom fur
nishes in its proceedings food for the
idle and curious, the rooms are small
and almost entirely devoted to the ac-
commodation of the judges and other
officers of the court. The handsomest
apartments are found in the new build
ing of the superior court, while the
spacious halls of the saibancho have the
look and smell of greater popularity.
It was interesting 20 pass from room
to room and observe the courts in their
actual, every day work. And here as
everywhere one notices the transitional
character of contemporary Japan. The
Judge, for instance, is seen in native
garments, but with his hair brushed in
foreign style and wearing a full beard,
sitting at desk as with us, but warm
ing his hands at the national open char
coal-burning brazier, while he conducts
his case after more or less intelligent
appreciation of code made up. OF
Chinese and Japanese precedents and
traditions and English, French, German
and Italian suggestions. The saiban-
cho presented the liveliest scenes, with
its courtroom groups, gangs OF hand
cuffed prisoners, and the great crowds
without in the waiting-rooms making
themselves "the laws delay" Adjacent
to this court is placed the central police
station, with it's lookup and the house of
detention for persons under arrest until
their cases are reached. :
I have yet to mention the busiest,
perhaps the most important, division of
the work, that done in the upper stories
of the various courts, in the Offices of
the judges, assistant judges, kenji and
clerks. In these rooms the cases, as
brought before the attention of the
courts and examined by them in pre-
liminary hearings, are investigated at
leisure and in privacy, and prepared for
final action. Here the clerk makes. out
his notes, the kenji decides on lines of
procedure, and the judge studies the
law and evidence, consults authorities,
natures his decision and makes the
official record.