Daily capital journal. (Salem, Oregon) 1903-1919, 1905-07-10


general information"
The second edict is entitled "Impe-
rial edict abolishing torture in courts
of law, and authorizing inspection Of
jails!' 1t reads:
"We received yesterday the mem
orial Of WI Ting Fang and Sheng
Chia-pen, recommending a modification
Of the penal code and more considerate
treatment Of prisoners, praying that
orders might be issued forbidding the
use of torture TO secure evidence,
which involves innocent persons in
trouble, and asking for a reform Of
the system Of whipping with the light
and heavy bamboo, praying also for
an inspection of prisons and houses Of
detention, to which we have already
responded with an edict granting the
requests 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 government, and
the settlement Of litigation by clear and
well defined principles, and thus got
rid Of long-standing abuses.
l"We constantly hear from various
provinces that the department and dis
trict magistrates either tyranically and
following their own caprices employ
torture in examination, or get lot of
persons implicated in a case and sum
mon them to court, but do not make
prompt investigation allowing the va
men underlings to confuse the case 80
that they may illicitly profit by It,
duplicating (innocent) persons whom
they detain and oppress in hundred
ways, all Of which practices are most
abominable.
"Now, since We have approved the
regulations submitted in the memorial
above mentioned, let them be published
abroad and let all observe them. We
repeat the announcement and warning
that our desire is to show compassion
upon all who are imprisoned, that jus.
tice shall be shown and the sentiments
Of the people satisfied. Lot all the
viceroys and governors concerned issue
strict orders to their subordinates con
scientiously and with due regard TO all
the circumstances to exert themselves
to carry this edict into effect and from
time to time TO make careful investiga
tion. Should any be found who while
outwardly observing are secretly DISC
beying the edict, treading the old path
of malpractice, let them be at once inn
peached. There must be no shielding
of them nor any attempt to save theil
faces. Lot each be diligent in seeking
the welfare Of the people and give
earnest attention to the settlement OF
litigation, and so fulfill the purpose OF
the throne 10 have compassion upon the
lowly and TO Tighten their punishments
Let this edict be published for the in
formation Of ALL"
What the torture in courts Of law
has meant in China is told by the Rev,
Asher b. Kepler, Presbyterian mis-
sionary at Soochow, in the following
incident. There was a band Of rob
bers operating near Dzing-budeo, and
after time the band was captured,
but their leader escaped. The rob-
bers claimed that the leaders, young
er brother was one Of the band and
the officials arrested him. II hap
pened that this brother was an en-
quirer, and was stopping at the house
Of a Christian elder. BY the Chinese
law the elder was counted guilty in
harboring robbers and he was fined and
punished. There is no question but
that the young man was innocent and
had had nothing to do with his robber
brother, but he was taken to Ningpo
and after three hours Of untold torture
he confessed. OF course a confession
obtained under such circumstances is
not to be relied upon, but the young
man viii be, in all likelihood, behead'
ed. Mr.. Kepler says there is no help
for it, and the church, in order to pro
tect its own good name, must guard
its own interests only. The mission
aries cannot protect native Christians,
except when they are prosecuted be-