East Oregonian : E.O. (Pendleton, OR) 1888-current, 1905-07-10

tablished by edict of the emperor.
have just been reported to the Pres
byterian hoard OF foreign missions,
which has important missionary and
educational work in China, and copies
OF the edicts have been received
through the state department at
Washington. The reforms were rec
commended by a commission on the
revision of the criminal code, on
which Wu Ting Fang. former Chi
nese minister to the United States,
was the head. The first edict abol-
ishes cruel forms of punishment; ard
the second ends what has long been
q crying evil in China, the use of
torture in courts of law. The edicts
read as follows:
"Wu Ting Fang. Sheng Chai-pen
and others, having been appointed
TO revise the criminal code, have sub
mitted memorial. praying that first
of all certain severe forms of punish
ment may be modified.
when our dynasty first came
through the great wall, decapitatIon
was the severest form of punishment
used; but in the reign of Shun-chin
(1644-1662, A. d. when the laws
were being revised, following the
long established practice of the Ming
dynasty, dismemberment and other
severe forms of punishment were
adopted. and, although these were in
tended to serve as warning to the
criminal and the stupid, yet investiga-
ton shows that they are not in har-
mony with the original intention of
the imperial house to temper justice
with mercy. Now that the laws are
being revised. we decree that hence
forth the severest form of punishment
for capital offenses shall be immedi-
ate decapitation. The three forms of
punishment known as dismember-
ment, exposure of the head and be-
heading the corpse, are hereby abol-
ished forever. The sentences of dis
memberment and exposure of the
head, provided for in the present laws
are hereby changed to immediate de-
capitation. Crimes to be punished
by immediate decapitation shall be
punished by immediate strangling:
those punished by immediate strangl-
ing shall receive sentence of strangl-
ing after the autumn assize. provid-
ed the investigation at the autumn
assize shall show the facts to be as
alleged. Sentences to decapitation
after the autumn assize are changed
to strangulation after the autumn as
size, and criminals sentenced to
strangulation after the autumn assize
are still TO be allowed an investiga-
ton at the said assize, and to have
sentence carried out or commuted as
the facts shall show. As to the pro-
visions for the punishment of acces-
sories in crime, while punishment is
still to be inflicted according to the
circumstances of the case such per-
sons are entirely relieved from the
penalty Of branding, which is hereby
abolished.
I'm addition to the foregoing We
command the aforesaid vice president
(Wu Ting Fang) and those ASSOCIATE
ed with him to consider carefully
what further changes and excisions
may be necessary and without delay
to suggest notifications, make selec-
tions (from other codes) and pre-
pare a code for the PRONUNCIATION of
which they shall ask an edict, and
we earnestly hope that their delib-
erations may result in the adjustment
of the law to present conditions, the
avoidance of extremes and the adop-
ton of that which is most suitable,
thus fulfilling the purpose of the court
to instruct the people in their duties
by making plain the system of pun
ishments. Let this be published
throughout the empire for general
information"
Torture I'm Courts Abolished.
The second edict is entitled "Imper-
ial Edict Abolishing Torture in
Courts of Law, and Authorizing In
spection of Jails." It reads:
I'VE received yesterday the me-
mortal of the WI Ting Fang and
Sheng Chia-pen. recommending
modification of the penal code and
more considerate treatment of pris-
oners, praying that orders might be
issued forbidding the use of torture
to secure evidence, which involves
innocent persons in trouble, and ask
ing for a reform of the system Of
whipping with the light and heavy
bamboo, praying also for an inspec-
ton of prisons and houses of deten-
tion, to which we have already re-
sponded with an edict granting the ret
quests made.
But although the very best laws
may be enacted, they cannot execute
themselves. What is required is that
all the officials, both high and low,
shall conscientiously discharge their
duties and exert themselves to get
rid Of evil practices so that to some
extent We may have a just govern
ment, and the settlement Of litigation
by clear and well defined principles
and thus get rid Of long-standing
abuses.
We constantly hear from the va
rious provinces that the department
and district magistrates either tyran-
ically and following their own capri
ces employ torture in examination, or
get lot Of persons implicated in a
case and summon them to court, but
do not make prompt investigation al
lowing the yamen underlings to con-
fuse the case 80 that they may illic-
lily profit by it, duplicating Qnnocent)
persons whom they detain and oppress
in a hundred ways. all Of which prac-
uces are most abominable
Now since we have approved the
regulations sumbitted in the memoir
tal above mentioned, let them he