The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1895-09-14
Where Justice is
Placed Above Law.
In Japan Judges Examine the Witnesses
and Search for the Truth.
W. E. Curtis, in Chicago Record.

W. E. Curtis, In Chicago Record.
Kyoto. Aug. Lone OF the greatest
objections raised to the recent treaties
made with Japan by the United States
and European powers was the unwill-
ingness of foreign residents In the en-
pire to intrust the protection of their
personal and property rights to the ma
tive courts, on the ground that they
We're not sufficiently civilized and i'm
partial to render fair and just judg-
ments in disputes between natives and
foreigners. Under the shoguns the
legislative, executive and judicial
powers of the government were not dis
tinct. and various officials did not hesi-
tate to exercise all three. and settle all
differences and disputes that occurred
within their provinces. There was no
notion of legislative power as we under
stand 1t. Three hundred years ago
Leyasu, the great shotgun compiled
what Is known as '"The One Hundred
Laws" which related chiefly to the re-
lations between the sovereign and the
subject, and were considered as wise
as the utterances of Solomon. Other
affairs were regulated by custom or by
DEGREES of the emperor. which, how
ever were rare. The shogun had d.
rect control of the capital and over the
five provinces that surrounded 1t, and
in the distant provinces the feudal
princes or daimyos had absolute au-
thority, each in his own territory, al
though finally to the Shotgun.
The idea of judicial power was feebly
developed and was limited almost ex-
clusively to criminal jurisdiction. There
We're criminal courts, but no civil
courts. There were two departments
of police called kyo-bu-sho and damp
dai The minister Of justice exercised
supervision over ordinary criminal af-
fairs, heard appeals from the criminal
courts, appointed all the judges, and
often instructed them how to decide If
they were in doubt or If there was any
political significance to the case. He
had power also to remove them at will,
according to their behavior, so that the
limited judicial system of the empire
was actually under despotic control.
The gyo-bu-sho We're the city police,
responsible for public order, the public
health, the suppression Of crime and
the protection of property.
The danp-dai were political police,
and consisted of a very closely organ
lied corps of inspectors, who looked
after the integrity and efficiency of
public officials, saw that the taxes were
properly collected and honestly eX-
pended and investigated charges of
disloyalty among the people. There is
similar institution in nearly every
civilized country, but in Japan. under
the shotgun, the secret police were re-
markably active and efficient.
With other reforms adopted BY tho
government after the restoration ~
the mikados power the French syc.
tenn of Jurisprudence was introduces,
with a minister Of Justice at its head,
who exercises functions similar to
those of the corresponding officer in
France. The government Is represented
In the courts by procurators, who are
inspectors, grand juries and prosecut-
ing attorneys in all matters which con-
cern the public welfare. They initiate
all criminal proceedings and conduct
them down to the execution of the sem
tence. AS in France, the Judge not
only presides in court but conducts the
trials. The lawyers have very little
part in them. The defendant in a
criminal case, or either party to a civil
proceeding, may employ counsel to ad-
wise him and appear with him in court.
The counsel may not, however, exam
inc witnesses or take any other part in
the proceedings except to make state
ments of facts in behalf of their clients
and deliver arguments pointing out to
the court the favorable portions of the
testimony and citing appropriate pre-
cedents and sections Of law. If the
lawyer thinks the court Is not getting
at the kernel of the case from the wit
nesses he may suggest questions, writ
ing them on a slip of paper and passing
a han flrn Ind rt,n h &c,
discretion in putting them to the wit
ness, but the attorney cannot entrap
or confuse witness, nor object to any
line of testimony that the judge de-
sireS to pursue.
BY many of the ablest lawyers in
Japan this is considered the weak spot
in the system. There are practically
no rules of evidence; no distinction is
made between direct and hearsay or
direct and circumstantial evidence.
The object of the court is to obtain as
much information as 1t can concerning
the matter at issue. and every fact
bearing upon the case Is adduced, from
whatever source 1t comes, although
husband and wife, parents and chill
dren, masters and servants may not be
compelled to testify against each other.
The judge Is then supposed to weigh
the evidence In his own mind, making
proper allowances for partiality and
prejudice, and to reach a conclusion as
to the truth But this plan Is based
upon the assumption that all judges
are wise, discreet and familiar with
human nature. which Is not always
true.
And If there is no written law to
cover a case the judge Is supposed to
h tr pvVnn bnt
erned In a measure also by the customs
of the country and previous decisions
that may he regarded as precedents.
Legislation has been abundant since
parliament was introduced in Japan.
In fact. many people think 1t has been
excessive. "A gentleman who has been
here many years and has witnessed the
development of Japan remarked:
The leaders Of the reform here
have seemed to think that
schools and acts of parliament
were all necessary to redeem and
regenerate this country. The result
nous amount of legislation which Is
ambiguous and contradictory"
But there are codes in preparation
which simplify complications, harmon
lie contradictions and clear up am
biguities.
Many of the present judges were
trained in the federal courts under the
shoguns. They have mature age. ex-
perlence and thorough acquaintance
with Japanese human nature. and in
| criminal cases are said to give better
satisfaction than the younger genera
tlon of the judiciary. who have gradu-
ated at the Imperial university or from
law schools In Europe and America.
| The university, curiously enough, has