Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1914-06-23

ana return To America In august TO
become president of Johns Hopkins
University, is pleased with the reVi-
| sion of the Provisional Constitution of
this country. Though the revision of
the Constitution is criticized and ridi-
culed by the foreign press published
| in China,-the Chinese press not dar-
| ing 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, says
! Goodnow, ION the Japanese Constitu-
| ton, making allowance for Presi-
dent as differing from an Emperor.
1t will be remembered that Presi-
dent Yuan Shi-kai found the Provi-
! sional Constitution, which the revolu-
tionists drafted two years ago at Nam
king, unsuited to the effective admin
| istration of affairs during the critical
first years of the republic. He de-
sired, therefore, to see the perman-
ent constitution drawn up on lines
| which he deemed suitable to this coun-
try. But those radical reformers who
wanted a peoples government dis
regarded the Presidents wishes and
advice, and, when the parliament was
assembled, undertook the work OF
drafting the permanent constitution
not only without seeking his assist
! ance but in distinct opposition to him.
The committee selected to do the
work declined to receive message
from him and also refused to admit
his personal emissaries into their con-
ferences. Thereupon Yuan Shi-kai
took matters in his own hands, issued
a mandate dissolving the Kwo Ming
| Tang, the radical party, which was
the largest. and thereupon dislocated
the parliament. The presidential man
date declared that the Kwo Ming Tang
was a rebel party which had done
harm to the state by interfering in a
| hostile manner with the administra-
ton and by creating a rebellion in
the southern provinces. The mandate
referred to the so-called second re-
bellion.
AS a result of the forcible dissolu-
ton of the Kwo Ming Tang the par
lament ceased to function, because
there was not sufficient number of
members left to muster a quorum
The President later caused a commit
tee to be appointed for the purpose of
revising the Provisional Constitution.
The committee was composed directly
and indirectly of nominees of his own
group of politicians; and the present
revision was the result.
AS reported in the cable dispatches,
the Revised Constitution gives the
President practically dictatorial pow
ers. 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 a successful attempt
to adapt ideas of European represen-
tative government to an Asiatic peo-
pie that has always had an autocratie
government. The last two years es-
pecially shows that the japanese peo-
pie are getting control of their gov
eminent. 1t looks to me as if a con-
stitution like that now adopted by
China, If the people only work it, is
capable of developing representative
government.
"Of course, it is true that the Pres
ident has wide powers under the Con-
Stitution. He has, in the first place,
practically supreme powers over the
executive and administrative 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 ex-
ercise of this power is not subject
to the control of. the legislature.
HE has also large powers of legis-
lation and holds practically absolute
veto power over the actions of the
-. he hae
power to issue ordinances not con-
trary to law to promote public well
fare as we'll as executions of law. And
in times of urgency, when the legisla-
ture cannot be called together, he has
the power to issue ordinances which
supersede existing law These ordin-
ances, different from ordinances is
sued in promotion of public welfare,
must be submitted to the legislature
for approval. and if disapproved be-
come void. 1t will thus be seen that
the President has concurrent power of
legislation with regard to matters
which have not been regulated by
law.
by means of the power of veto he
can prevent legislation. On the other
hand the legislature is given no pow
or for repeating either expressly or
implicitly unless its action secures the
Presidents approval.
"If, however, a legislative body
which is at all effective can be de-
veloped, it is hardly to be doubted that
it will exercise great influence over
the Presidents power of legislation
If the body is incapable it will not
hamper him. IL it is effective and
really represents the people the presi-
dent will not be likely to use his pow
er of veto in serious matters.
For the past two years this coun-
try has been financed by foreign
loans. In this way the annual heavy
deficit in revenues has been made to
meet the increased military and other
expenses. Unless we can look to a
great increase in taxes further loans
will have to be made. They, to be
valid must, according to the Constitu-
ton, be made by the legislature. whose
action is also necessary for any in
crease in taxation. The early Eng
lish parliaments did not exercise con-
troll over the appropriations; they had
authority on1y over faxatiOn. 1t was