The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1890-05-19
TREATY WITH JAPAN.
ouARAssrEE OF ALIEN NIGHTS.

ouARANTEe or ALIEN NIGHTS.
The Asesssnss e Dsisls1 Dtpasaosy
D1sssvsss : sssssss Dsasssasy =
~ FERNS.
YoKoHcnA, April 81 There ID, or should
Be, sort Of sistefh0od d sympathy b.
tween our stats Of Washington and this em-
pfre Of Japan IN this. that A. ID. 1890 Is the
real birthday Of both, in the attainment of
their majority and aukonomy - people.
Politics" is psodigious Just now, and this
land IL like new boy in his first tOp-leg
boots, bound to make the most If not the
best Of them. Prophets there are IN NO
small number among the leaders and teach
egs which, Of course. means the Newspaper
men, } who watch and warn. while they pre-
dict stormy So and overladen ship. and
even mufinous crew ere the harbor OF
stable government shall have been reached.
Your correspondent is neither . politician
nor prophet, but II his interest IN the sub
ject and its success is any index Of your
own, you win at least Be curious and hence
pleased 70 get few jottings from the 6eid.
- the cause progresses.
The hub Of at least one Of the wheels Of
this new national chariot 10 the now fnmous
treaty which. however. has not yet become
. treaty. This 1t WAS which WAS 70 admit
Japan into the national embrace Of Occi-
dental civilization with al the rights, comb
ties and privileges OF that indeinats most
favored clause. There Was 70 be give -
- well as rake, and all the world Was agog
in view OF the opportunities. ETC.. and
not the least hopeful were the missionary
class which would thereby have the I'M
restricted right Of domicile and traysl and
proclamation.
But not yet can this Be called ''un fait
accompie" The how and the why Is
stated in one Of our locals--the Japar Mail
(Engiish), and by the way = paper most
admirably edite1. daily and only $12 per
anhum--thus: "The United State minis
ter applied to The foreign Office for an
early copy Of the proposals terms Of the
treaty. then being printed for submission
u the representatives Of the great powers.
This was purely personal). These the
United States minister wired to Washing
ton and within twenty-four hours he re-
ceived instructions to acccpt-but not until
\ month later was the new treaty with the
United States signed. as the japanese on
cials hesi.ased 10 50 precede the other
powers. When simultaneously submitted
TO Great Britain, Germany, France, Aus
tria, Russia and Italy, England alone de-
tected the latent evil or faliacy In the treaty
provisions, and several months elapsed ere
she refused, fosr of the powers having
meantime assented. to-wit: Germany,
Russia. France. and Italy.
Tho objection Of England was this and
seems 10 have been well-taken. viz: The
guarantee offered by Japan in exchange
for the abolition Of consular Jurisdiction
was. that certain number Of foreign legal
experts should be appointed to the bench
OF the supreme court, and that they should
sit in majority whenever case involving
foreign interests came before the court on
appeal. But this. in itself, would be value
less to the foreign powers Is any protection
OF personal rights and safeguards, since
appeals to the supreme court could only
be taken ON errors Of laws. whereas il il
against errors Of fact, or judgments OPP
posed TO the weight Of evidence that for
eigners naturally seek to Be protected. This
the English government insisted on a. .
condition sine qua non for any guaranteed
personal interests In an international COM
pact In other words, that questions OF
fact - well - questions OF law must be
brought within the purview Of this specially
constituted tribunal. The guarantee
should b substantial and not . mere
make-believe.
That this demand 10 sound, reasonable
and imperative must be conceded, and IL
the delay shall secure the desired enact
ment. the treaty privileges OF personal
liberty OF travel and domlcile hereunder
will be welcome and worth the having.
otherwise the involved possibilities and
dangers render Il . very questionable privi-
iege.
Appropos Of this. in the issue OF Feb. ard
OF the same paper. Is an item to the effect
that. the commercial code of civil pro-
ceedure" had just passed the Senate. and the
following comment thereupon: Tho civil
code relates to the question OF personal
relations, and succession, and 10 important
rs affecting the attitude OF foreigners, etc.
this work of codifcation. she
foreign states the treatment OF an equal
and exclusion from the comfy OF Occi-
dental states. Refusing the one guarantee.
viz, the appointment OF Occidental legal
experts to sit upon her bench. the only
convincing guarantee she can give Is to
enact an inteliigible system Of civil law
without delay. Only then. with such
codeiied law and duty trained lawyers upon
her bench. can she expect to be treated a.
ala equal by Western powers.
The new constitution, in 70 courts"
provides for: First, local courts; second.
district courts: third. appeal courts; fourth.
supreme court.
ARTICLE l. The establishment, jurisdiction.
aaa abolition u the courts shall be determined
by law.
Local Cour.s-Presided over By q single inare
jurisdiction: Claims under 100 yen Mexican
Gesisri, IN actions between lessons and lessees:
boundaries Of inamosahle property; right of POS.
session; employers aud employees Of periods OF
eae year o. less. travellers. hosels aud convex.
asee& Also guardians. luna;ics and Incompet-
enss. register OF titles 10 immovaoic property
AID IN ships, commercial registers, patent ofsce
and trade nsarkG Also criminal: coatravenfinus.
deficits with pnuisAnent under two months ar
LOO yen tine.
nss,rics ccurss-Appeais from local courts.
crsmiasl and bankruptcy.
Appeal couru-Frorn Judgments Of sistrie.
courts. errors 81 laws Ia district courts. com
paints against rulings and orders OF 1istries
csons'ss civil aesious against members OF ,he
imperial family THE jurisdiction 10 confined Ia
the appeal court AZ Tokyo: I've judges, oas of
OF whom presiding,
supreme court Has one 81 more ciyi. ana
criminal divisions. Jurisdiction uppesls on ar
ross efEaw frcsa judgments OF the appeal cou.ss: