Evening star. [volume] (Washington, D.C.) 1854-1972, 1914-06-22
DR.. F. ]. Goodnow, President Elect
of Johns Hopkins, Is
Optimistic.
Declares It Is Fashioned After jap
anese Basic Law, Which Has
Worked Wonders.

IS criticised and ridicued by the foreign
press published in China. the Chinese
press not daring to do so. Goodnow says
it is much like the drafts which he drew
up at the request of the president.
1T is modelled in a large measure,
saws Goodnow, ION the Japanese consti-
tuition. making allowance for a president,
differing from an emperor.
II will be remembered that President
Yuan Sh-Ka found the provisional con-
stitution. which the revolutloniStS drafted
two years ago at Marking. unsuited to
: the effective administration of AFFAIRS
during the critical first years of the re-
public. He desired. therefore. to see the
permanent constitution drawn up on
lines which he deemed suitable to TINS
country.
Opposed the President
But those radical reformers who want
ed peoples government" disregarded
the presidents wishes and advice and
when the parliament was assembled I'M
dertook the work of drafting the perma-
rent constitution. not only without seek
ing his assistance. but in distinct opposi-
ton to him
The committee selected to do the work
declined to receive a message from him,
and also refused to admit his personal
emissaries into its conferences. There
upon Yuan Shi-kai took matters in his
own hands. issued a mandate dissolvlng
the kWo ming tang. the radical party,
which was the largest. and thereupon
dislocated the parliament. The presiden-
tial mandate declared that the kwo ming
tang was a rebel party, which had done
harm to the state by interfering in
hostile manner with the administration
and by creating rebellion in the south
ern provinces. The mandate referred 10
the so-called second rebellion.
aSrt1f of he
of the kwo ming tang the parliament
ceased to function. because there was
not sufficient number OF members lett
10 muster a quorum. The president later
caused committee to be appointed for
the purpose of revising the provisional
constitution. The committee was COM
posed directly and indirectly of nominees
of his own group of politicians and the
present revision was the result.
Gives Much Power.
AS reported in the cable dispatches. the
revised constitution gives the president
practically dictatorial powers. He has
held them. hitherto-to such an extent as
any single man can be a dictator-but not
legally. He is now surrounded with the
form OF legality.
"Japan's constitution Goodnow ex-
plains. has been successful attempt
to adapt ideas of European representa-
tive government to an Asiatic people that
has always had an autocratic govern
ment. The last two years especially
shows that the Japanese people are get
ting control of their government 1t
looks 10 me as if a constitution like that
now adopted By China, if the people only
work IL. is capable of developing repre-
sentative government.
'Of course. il is true that the president
has wide powers under the constitution.
He has. in the first place. practically su-
preme powers over the executive and ad-
ministrative branches of the government.
He appoints all civil and military officers.
and has the power TO dismiss all officials
with the single exception of judges. and
his exercise of this power is not subject
TO the control of the legislature.
Has Veto Right.
ton and holds practically absolute veto
power over the actions of the legislature
This is to say, he has power to issue or
dinances not contrary to law to promote
public welfare. as well as executions Of
law. And in times of urgency when the
legislature cannot be called together, he
has the power TO issue ordinances which
supersede existing law These ordinances
INHERENT from ordinances issued in promo
ton of public welfare. must be submitted
10 the legislature for approval. and il dis
approved become void. 1t will thus be
seen that the president has concurrent
pow er Of legislation with regard to mat
ties which have not been regulated by
aH
BY means of the power of veto he can
eNeht legislation. On the other hand
ne legislature is given no power for
epeallng either expressly or iupIieoly
mess It's action has the presidents APP
.royal r
however. legislative body which
a
lardiy TO be doubted that il will eyer
lse great influence over the presidents
power of legislation. If the BODY is in
spaote II will not hamper him II it is
pie the president will not be likely IN
Use his power OF veto in serious mat
ers-
Had Foreign Loans.
For the past two Years this country
'as been financed by foreign loans. In
his way the annual heavy deficit in rev
nues has been made to meet the in
reased military and other EXPENSES
Mess We can look to a great increase in
axes further loans will have TO be made
They. to be valid. must according to the
constitution. be made by the legislature.
hose action is also necessary for any
Increase in taxation The early Eng
control
er the appropriations; they had su
nority only over taxation. II was only
ater that control OF appropriat ions de-
eloped in England
This constitution. it is to be remem-
e ed, is still a provisional constitution.
dopted for the purpose of permitting
transition with safety and as little fric-
ion as possible from the autocratic gov
rnment of the past to some form of rep
entatve government based on European
tea8- The provisional constitution
self provides. for a permanent constitu-
on which is to be submitted to citi-
ems conference to be convoked by the
resident and to be organized by the
,me body which has drawn up the
esent revised provisional constitution.
II experience should show that the
overs granted to the president by the
DIVISIONAL constitution are too large
d that il is possible under conditions
w existing in China for legislative
ldy capable of effective action to de-
.lop. there is no reason to suppose that
ina may not take successfully its first
cps along the road of constitutional
rvernment under this revised prov-
onal constiution-as has already been
dictated in Japan under a similar in
rument.
Depends on President.
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