The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-06-12

dents would approach japanese jurisdiction
with rrejudices so rooted as to inspire fault
finding hnbh. but the correspondent say,
that OF late q wholesome change has come ove
the spirit OF the foreign communities. Wher
they saw tho old Consular jurisdiction CONT
and their respective Governments resolved L
acknowledge Japan's autonomy, they resolved
to make the best OF what they considered bae
Job. They were met moro than half way b,
Viscount Aoki. the Minister OF State for For
oign Affairs. who replied to doputation o.
| them.
| 10 far as my countrymen are concerned.
| can assure you that all classes OF japanese
even In remote parts Of the empire will well
| come you with open hearts, and join hand,
| with you In all the various activities Of life
and sincerely trust that the foreign residents
| will not regard themselves In tho future al
strangers in a strange land. but on the con-
trory intrust with confidence their person,
aud property to the safeguarding Of the Jana
nese authorities. that they will make Japan
their home and permanently reside here with
| their families"
Such expressions as these. carefully thought
out and read from manuscript. may be taken az
| fair indication OF the temper OF the Japanese
| offlcial Glasses, Among the people at large the
feeling 10 not, perhaps. quite 80 cordial There
| Is some uncertainty as to how the foreigner
| will show on closer acquaintance. The Japa-
| nese know him as q very masteriul kind OF be-
| ing, with little respect for usapes or customs
| that do not bear the cachet OF his own ma
| tionality, with o large command OF cheap
capital. and with an aggressive method Ct
| shoulderng his way into every profitable Held.
Their ancient respect for his abilities has also
been considerably tempered by gradual famili.
arity with his failings. and. at the same time,
there has grown up among them an almost
morbid anxiety TO assert their own title to equal
rights Of every kind. In short, Japan has ceased
to DO free arena for the swaGgering alien, and
seems likely to want all available space for the
purposes Of her own imitation,
The practical question OF greatest conse-
quence In tho immediate future Is that relat-
ing to the tenure OF land by foreigners Tho
Acknowledgements revised treaty OF 1904 pro-
vded simply that British subjects should be
entitled to lease land and own houses aud
buildings for residential and commercial pur-
poses. The scope OF this privilege became,
then. a matter for Interpretation. What did
leasing mean1 Would II be possible to OBJ
tain land leases for q period sufficiently
LONE to Justify the erection OF houses and
factories? These were questions Of great
practical interest to foreigners. Had tho
new Japanese Civil Code been In opera
tlon it would have supplied answers at once.
But II was undergoing revision, and its ulti-
mate form could not be ioreseen. Finally
passed by the Diet In 1897. IL was found to
provide four forms OF land tenure-namely,
ownership. superncies. emphyteusls and leas-
ing. As to ownership and emphytsusis no de-
tailed remarks are necessary. the former being
forbidden to aliens and the latter having only
agricultural interest Everything centred,
therefore, on leasing and superfces. with re-
gard to leasing the facts were perfectly plain.
Land might not be leased for longer
period than twenty years, and. of course. a
title so limited would not suffice for business
purposes in general But superncies was q
form Of tenure midway between leasehold and
ownership. In the words OF the code. super
lcies Is tho right to use another PERSONS
land for the purpose Of owning thereon struc-
lures or trees" The term OF superncies ia
hot limited. 1t may be hxed at 100 years or
800 years. according to the convenience Of tho
contracting parties. II no limit has been
agreed upon the law courts may assign term
from twenty to ffty years. II is. In short. a
kind OF land tenure. fully adapted TO all resi-
dental. commercial or manufacturing pur-
poses.
Lord Charles Beresford. on tho occasion OF
his recent tour to Japsn. publicly urged the
japanese to grant to foreigners tho right Of
owning land, and the question Ia still constantly
alluded to in semi-ofiicial manner. the result
being general conviction that foreign enter
prise in japan will be seriously crippled by the
impossibility OF acquiring the full ownership OF
land. But the truth is that superfces supplies
every facility which foreign enterprise can pos
sbly need. and foreigners arc not merely dis
quietng themselves In vain when they agltate
for ownership. but are also deferrinR the end
they desire By unduly magnifying its import
ance.
Some anxiety existed for time in conn ection
with the probable operation oithe Business Tax
law 1t provides. among other things. for tho
lowing OF a tax on the paid-up capital OF a
business. Now there are firms-especlally
banks and insurance companies-engaged In
japanese trade. which have very large paid
UP capitals. though the sum actually devoted
to their business 10 japan Is comparatively
very small. An impost assessed with regard to
the total paid-up capital OF these con-
Germs would virtually close the Japanese
Geld to them. and the trainers OF the
code had not unnaturally failed to make any
provision for such peculiar cases. The Yoko-
hama International Committee took up the
matter. and the Government at once recog-
nized its justice by asking the Diet to pass
law providing that. where capital Is divided as
above. only the portion involved in business in
Japan shall be taxed. Further. insurance COM
"
lent 10 mako even nominal division OF their
caDtal. will be nobled to escape BY paying an
agents Tux only.
Another very reassurnG fact is that In
Japan's latest piece OF legislation. the law con-
corning the operatlon OF the Commercial Code,
there Is O provision reserving to the Govern
ment the right OF making special regulations
TO meet the case OF foreign commercial com
panies or agencies which have been doing
business In Japan from period prior to the
operation OF the code. Companies formed or
agencies established subsequently to the OPP
Grafton Of the code must conform with its pro-
visions. but the authorities will be able. by
means OF special ordinances. to obviate any
hardship or inconvenience which the code
might entail upon business previously estab-
lishcd under n different system.
On the question OF prisons the Japanese Gov
eminent has decided as a temporary measure
TO take over the British Consular jails at the
open ports and to use them solely for foreign
prisoners until better system can be devised
L1ULE6gyESA IN CHTCIHn