Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-01-16

eignerS have to endure in that country
This is apparently inten,ed to convey an
idea that there is privacy of CORE
spondence in Japan. l have not heard this
complaint before. Article 26 of the conSti-
tuition of japan declares that, except in the
cases mentioned in the law, the secrecy of
correspondence shall remain inviolate. Let
tiers written and mailed in Japan are just
as secure as letters put in the United States
mail box. AS regards the so-called espion-
age. 1t may be stated that there can be no
motive for exercising police surveillance
over foreigners for the simple reason that
they are foreigners. person suspected of
having committed crime is likely to be
Swallowed by the police whether he be a
Japanese or a foreigner.
Whole Question Misrepresented.
''The whole question of the right of for
eigners to hold real property in Japan is
misrepresented by the writer 1t is true
that the right of owning land in fee simple
is not permitted to the foreigner in Japan
any more than it is permitted in the United
States, but there are many ways by which ii
Is perfectly legitimate for foreigners to hold
land In Japan. In the first place, Japanese
law draws a distinction between land and
buildings Houses can be held by foreign
erS in full ownership. while regards
land foreigners are permitted to hold by
long leases. which are known as super
fees ON emphyteuss in Japanese law, as
in other legal systems based on the Roman
law. They are not leases in the ordinary
sense because those rights are regarded as
real rights and not personal rights In
many cases foreigners have acquired SUI
perfices for 500 years, that is only one year
less than thousand. in which case it prac-
tically amounts to ownership of the land.
1t is only necessary to refer to articles 26J
to 279 of the civil code of Japan. More
over, a company formed in Japan, that is
to say, constituted and registered accord
ing to the provisions of the civil or COM
mercial code, is regarded as japanese
be entirely foreigners. Article A of the
commercial code of Japan says: "A COM
mercial company is a juridical person. A
commercial company has its domicile at
the place of its principal Offices There is
no objection in law to the ownership of
land by Japanese jurdical person, even If
its constituent members may all be foreign
ers. AS a matter Of fact, many Of the large
foreign companies doing important bust
ness in Japan have followed the require
ments of the Japanese law in forming their
branch offices in Japan into a Japanese
company. thus enabling such branch Of
flee to hold land in ownership as a Japa-
nese company. The case of the Interna-
tional Oil Company, having its headquar-
tiers in this country. is a notable example
in point.
Ownership of Mining Rights.
Mining rights are naturally governed by
special mining laws, and are not covered
by the general civil law. grievance Is
made by the writer of the fact that in
Japan foreigners are not allowed to own
mining rights. Indeed there are very few
countries in the world where foreigners are
permitted to engage In mining operations.
1t is safe to say that a self-dependent, CIV
ilized nation does not give to foreigners
concession to engage in mining opera
lions. The actual handling of mining
rights in Japan by foreign interests can
be observed through the case already
nod Of ha Inf no1 frNr
LAS regards mortgages and securities so
far as they relate to rights Of foreigners,
it is sufficient to refer to the diplomatic
notes exchanged on April 4, 1895. between
the German minister for foreign affairs
and Viscount Aoki. who negotiated and con-
cluded a commercial treaty between Japan
and Germany in Berlin. Those diplomatic
notes are published in all books containing
commercial treaties as appendix or as
part of the treaty arrangement concluded
between Japan and Germany on the date
mentioned. 1t is sufficient to say that for
eigners take mortgages on all property
in Japan whether owned by Japanese or by
foreigners.
at is stated that foreigners are not al
lowed to attend japanese schools, old Or
young. There is not a single school in Japan
which draws any line on the race to which
its pupils belong.
Places of Residence.
TT is stated that we are only permitted
to reside in certain sections The writer
Of the letter printed by the New York
Herald, it, as stated. he has been in bust
ness In Japan for more than twenty years,
has simply been asleep since July 16, 1885,
On that date Japan's ancient treaties were
abrogated and a set of new treaties came
into operation. The system OF consular juris-
diction was done away with, the so-calied
foreign settlements were abolished and the
whole empire OF Japan was opened to the
residence and trade of foreigner. There Is
no question of certain settlement sections
within which alone foreigners are permitted
to reside; nor is there any permit or pass
port necessary for a foreigner to travel in
japan:
where desired, but foreigner cannot enter
port) from the water front There is no dis
tinction between Japanese and foreigners
in this respect. No living being can APP
proach Japan from foreign countries ex-
cept by means of ocean-going steamers.
Now those steamers whether flying the
Japanese, American. English or any other
flag, can only enter ports open to trans
gagged in foreign traffic can enter Japa-
nese port not open to foreign commerce.
Coastwise Laws.
1.-THE question of coastwise traffic stands
on an entirely different footing. The coast
wise trade in Japan is open only to Japa-
in the United States is open only to Amer
lean vessels and for the same reason. 1he
laws of Japan in this respect are almost
identical with those of United States