[ OFFICIAL TEANSLATION. ] ruL JAPAN THE CONSTITUTION OF JAPAN; WITH IHE LAWS APPEETAINIM IHERETO, AND THE IMPERIAL OATH AND SPEECH. PROMULGATED AT THE IMPERIAL PALACE, February 11th, 1889. YOKOHAMA : PRINTED AND PUBLISHED AT THE “JAPAN GAZETTE” OFFICE. FOR SALE AT THE “JAPAN GAZETTE” KELLY & WALSH, LIMITED, No. 28, Main Street, Yokohama. Z. P. MAEUYA & Co., Agents, Yokohama and Tokyo. OFFICE, No. 70, Main Street. Messrs. THOMPSON & Co.. Kobe Agents. “RISING SUN & NAGASAKI EXPRESS,” Nagasaki Agent. [OFFICIAL TFANSLATION. ] THE CONSTITUTION OF JAPAN: WITH THE LAWS APPERTAINING THERETO. AND THE IMPERIAL OATH AND SPEECH. PEOMULGATED AT THE IMPERIAL PALACE, Febeuaky 11th, 1889. YOKOHAMA: PRINTED AND PUBLISHED AT THE “JAPAN GAZETTE” OFFICE. FOE SALE AT THE “JAPAN GAZETTE” OFFICE, No. 70, Main Steeet. KELLY & WALSH, LIMITED, No. 28, Main Steeet, Yokohama. Z. P. MARUYA & Co., Agents, Yokohama and Tokyo. Messes. THOMPSON & Co., Kobe Agents. “RISING SUN & NAGASAKI EXPRESS,” Nagasaki Agent. Digitized by the Internet Archive in 2017 with funding from Columbia University Libraries https://archive.org/details/constitutionofjaOOunse THE CONSTITUTION —OF— JAPAN. IMPEEIAL OATH AT THE SANCTUAEY OF THE IMPEEIAL PALACE. We, the Successor to the prosperous Throne of Our Predecessors, do humbly and solemnly swear to the Imperial Founder of Our House and to Our other Imperial Ancestors that, in pursuance of a great policy co-extensive wdth the Heavens and with the Earth, We shall maintain and secure from decline the ancient from of government. In consideration of the progressive tendency of the course of human affairs and in parallel with the advance of civilization. We deem it expedient, in order to give clearness and distinctness to the instructions bequeathed by the Imperial Founder of Our House and by Our other Imperial Ancestors, to establish fundame^ital laws formulated into express provisions of law, so that, on the one hand. Our Imperial posterity may possess an express guide for the course they are to follow, and that, on the other. Our subjects shall thereby be enabled to enjoy a wider range of action in giving Us their support, and that the obseiwance of Our laws shall continue to the remotest ages of time. We will thereby to give greater firmness to the stability of Our country and to promote the welfare of all the people within the boundaries of Our dominions ; and We now establish the Imperial House Law and Con- stitution. These Laws come to only an exposition of grand precepts for the conduct of the government bequeathed by the Imperial Founder of Our House and hy Our other Imperial Ancestors. That Ave have been so fortunate in Our reign, in keeping Avith the tendency of the times, as to accomplish this Avork, We owe to the glorious Sprits of the Imperial Founder of Our House and of Our other Imperial Ancestors. We now reverently make Our prayer to Them and to Our Illustrious Father, and im- plore the help of Their Sacred Spirits, and make to Them solemn oath never at this time nor in the future to fail to be an example to Our subjects in the observance of tlie Law hereby established. May the Heavenly Spirits Avitness this Our solemn Oath. 2 THE CONSTITUTION OF JAPAN. IMPERIAL SPEECH ON THE PROMULGATION OF THE CONSTITUTION. Wliereas, We make it the joy and glory of Our heart to behold the prosperity of Our country, and they welfare of Our subjects, "We do hereby, in virtue of the supreme power We inherit from Our Imperial Ancestors, promulgate the present immutable fundamental law, for the sake of Our present subjects and their descendants. The Imperial Founder of Oirr House and Our other Imperial Ancestors, by the help and support of the forefathers of Our subjects, laid the foundation of Our Empire upon a basis which is to last forever. That this brilliant achievement embellishes the annals of Our country, is due to the glorious virtues of Our Sacred Imperial Ancestors, and to the loyalty and bravery of Our subjects, their love of their country, and their public spirit. Considering that Our subjects are the descendants of the loyal and good subjects of Our Imperial Ancestors, We doubt not but that Our subjects will be guided by Our views, and will sympathize with all Our endeavours, and that, harmoniously cooperating together, they will share with Us Our hope of making manifest the glory of Our country, both at home and abroad, and of securing forever the sability of the work bequeathed to Us by Our Imperial Ancestors. THE CONSTITUTION OF THE EMPIRE OF JAPAN. Having, by virtue of the glories of Our Ancestors, ascended the throne of a lineal succession unbroken for ages eternal ; desiring to promote the welfare of, and to give development to, the moral and intellectual faculties of Our beloved subjects, the very same that have been favoured with the benevolent care and affectionate vigilance of Our Ancestors ; and hoping to maintain the prosperity of the State, in concert with Our people and with their support, We hereby promiilgate, in pursuance of Our Imperial Rescript of the 12th day of the lOtli month of the 14th year of Aleiji, a fundamental law of State, to exhibit the principles by which ^^'e are to be guided in Our conduct, and to point out to what Our descendants and Our subjects and their descendants are forever to conform. The rights of sovereignty of the State, We have inherited from Our Ancestors, and We shall bequeath them to Our descendants. Neither We nor they shall in future fail to wield them, in accordance wutli the provisions of the Constitution hereby granted. We now declare to respect and protect the security of the rights and of the property of Our people, and to secure to them tlie complete enjoyment of the same, within the extent of the provisions of the present Constitution and of the law. The Imperial Diet shall first be convoked for the 28rd year of Meiji, and the time of its opening shall be the date when the present Constitution comes into force. When in the future it may become necessary to amend any of the provisions of the present Constitution, We or Our succces.'^ors shall assume the initiative right, and submit a project for the same to the Imperial Diet. The Imperial Diet shall pass its vote upon it, according to the conditions imposed by the present Constitution, and in no otherwdse shall Our descendants or Our subjects be permitted to attempt any alteration thereof. THE CONSTITUTION OF JAPAN. 8 Our Ministers of State, on Our behalf, shall be held responsible for the carrying out of the present Constitution, and Our present and future subjects shall for ever assume the duty of allegiance to the present Constitution. [His Imperial Majesty’s Sign-Manual] [Privy Seal.] The 11th day of the 2nd month of the 22nd year of Meiji. (Countersigned) Count Kuroda Kiyotaka, Minister President of State. Count Ito Hieobujii, President of the Privy Council. Count Okuma Shigenobu, Minister of State for Foreign Affairs. Count Saigo Tsukumichi, Minister of State for the Navy. Count Inouye Kaoru, Minister of State for Agriculture and Commerce. Count Yamada Akiyoshi, Minister of State for Justice. Count Matsugata Masayoshi, Minister of State for Finance, and Minister of State for Home Affairs. Count Oyama Iwao, Minister of State for War. Viscount Mori Arinoei, Minister of State for Education. Viscount Enomoto Takeaki, Minister of State for Communications. CHAPTER I.— THE EMPEROR. Article I. — The Empire of Japan shall be reigned over and governed by a line of Emperors unbroken for ages eternal. Article II. — The Imperial Throne shall be succeeded to by Imperial male descendants, according to the provisions of the Imperial House Law. Article HI. — The Emperor is sacred and inviolable. i THE CONSTITUTION OF JAPAN. Article IV. — Tlie Emperor is the head of the Empire, combining in Himself the rights of sovereignty, and exercises them according to the provisions of the present Constitution. Article V. — The Emperor exercises the legislative power -with the consent of the Imperial Diet. Article VI. — The Emperor gives sanction to laws, and orders them to be promulgated and executed. Article VII. — The Emperor convokes the Imperial Diet, opens, closes, and prorogues it, and dissolves the House of Eepresentatives. Article VIII. — The Emperor, in consequence of an urgent necessity to maintain public safety or to avert public calamities, issues, when the Imperial Diet is not sitting. Imperial Ordinances in the place of law. Such Imperial Ordinances are to be laid before the Imperial Diet at its next session, and when the Diet does not approve the said Ordinances, the Government shall declare them to be invalid for the future. Article IX. — The Emperor issues or causes to be issued, the Ordinances necessary for the carrying out of the laws, or for the maintenance ot the public peace and order, and for the promotion of the welfare of the subjects. But no Ordinance shall in any way alter any of the existing laws. Article X. — The Emperor determines the organization of the different branches of the administration, and the salaries of all civil and military officers, and appoints and dismisses the same. Exceptions especially provided for in the present Constitution or in other laws, shall be in accordance with the respective provisions (bearing thereon). Article XI. — The Emperor has the supreme command of the Army and Navy. Article XII. — The Emperor determines the organization and peace standing of the Army and Navy. Article XIII. — The Emperor declares war, makes peace, and concludes treaties. Article XIV. — The Emperor proclaims the law of siege. The conditions and effects of the law of siege shall be determined by law. Article XV. — The Emperor confers titles of nobility, rank, orders and other marks of honour. Article XVI. — The Emperor orders amnesty, pardon, commutation of punishments, and rehabilitation. Article XVII. — A Eegency shall be instituted in conformity with the provisions of the Imperial House Law. The Eegent shall exercise the powers appertaining to the Emperor in His name. CHAPTEE II.— EIGHTS AND DUTIES OF SUBJECTS. Article XVIII. — The conditions necessary for being a Japanese subject shall be determined by law. Article XIX. — Japanese subjects may, according to qualifications determined in laws or ordinances, be appointed to civil or military offices equally, and may fill any other public offices. Article XX. — Japanese subjects are amenable to service in the Army or Navy, according to the provisions of law. THE CONSTITUTION OF JAPAN. 5 Abticle XXI. — Japanese subjects are amenable to the duty of paying taxes, according to the provisions of law. Ahticle XXII. — Japanese subjects shall have the liberty of abode and of changing the same within the limits of law. Article XXIII. — No Japanese subject shall be arrested, detained, tried, or punished, unless according to law. Article XXIV. — No Japanese subject shall be deprived of his right of being tried by the judges determined by law. Article XXV. — Except in the cases provided for in the law, the house of no Japanese subject shall be entered or searched without his consent. Article XXVI. — Except in the cases mentioned in the law, the secrecy of the letters of every Japanese subject shall remain inviolate. Article XXVII. — The right of property of every Japanese subject shall remain inviolate. Measures necessary to be taken for the public benefit shall be provided for by law. Article XXVIII. • — Japanese subjects shall, within limits not prejudicial to peace and order, and not antagonistic to their duties as subjects, enjoy freedom of religious belief. Article XXIX. — -Japanese subjects shall within the limits of law, enjoy the liberty of speech, writing, publication, public meetings, and associations. Article XXX. — Japanese subiects may present petitions, by observing the proper forms of respect, and by complying with the rules specially provided for the same. Article XXXI. — The provisions contained in the present Chapter shall not affect the exercise of the powers appertaining to the Emperor, in times of war or in cases of a national emergency. Article XXXII. — Each and every one of the provisions contained in the preceding Articles of the present chapter, that are not in conflict with the laws or the rules and discipline of the Army and Navy, shall apply to the officers and men of the Army and of the Navy. CHAPTEE III.— THE IMPERIAL DIET. Article XXXHI. — The Imperial Diet shall consist of two Houses, a House of Peers and a House of Representatives. Article XXXIV. — The House of Peers shall, in accordance with the Ordinance concerning the House of Peers, be composed of the members of the Imperial Family, of the orders of nobility, and of those persons who have been nominated thereto by the Emperor. Article XXXV. — The House of Representatives shall be composed of Members elected by the people, according to the provisions of the Law of Election. Article XXXVI.— No one can at one and the same time be a Member of both Houses. Article XXXVII. — Every law requires the consent of the Imperial Diet. Article XXXVHI. — Both Houses shall vote upon projects of law submitted to them by the Government, and may respectively initiate projects of law. Article XXXIX. — A Bill, which has been rejected by either the one or tlie other of the two Houses, shall not be again brought in during the same session. Article XL. — Botli Houses can make representations to the Government, as to laws or upon any other subject. When, however, such representations are not accepted, they cannot be made a second time during the same session. G THE CONSTITUTION OF JAPAN, Article XLI.- — The Imperial Diet shall be convoked every year. Article XLII. — A session of the Imperial Diet shall last during three months. In case of necessity, the duration of a session may be prolonged by Imperial Order. Article XLIII. — When urgent necessity arises, an extraordinary session may be convoked, in addition to the ordinary one. The duration of an extraordinary session shall be determined by Imperial Order. Article XLIV. — The opening, closing, prolongation of session and prorogation of the Imperial Diet, shall he effected simultaneously for both Houses. In case the House of Eepresentatives has been ordered to dissolve, the House of Peers shall at the same time he prorogued. Article XLV. — When the House of Eepresentatives has been ordered to dissolve. Members shall he caused by Imperial Order to be newly elected, and the new House shall be convoked within five months from the day of dissolution. Article XLVI. — No debate can be opened and no vote can be taken in either House of the Imperial Diet, unless not less than one-third of the whole number of the Members thereof is present. Article XL VII. — Votes shall be taken in both Houses by absolute majority. In the case of a tie vote, the President shall have the casting vote. Article XLVIII.- — The deliberations of both Houses shall be held in public. The deliberations may, however, upon demand of the Government or by resolution of the House, be held in secret sitting. Article XLIX. — Both Houses of the Imperial Diet may respectively present addresses to the Emperor. Article L. — Both Houses may receive petitions presented by subjects. Article LI. — Both Houses may enact, besides what is provided for in the present Constitution and in the Law of the Houses, rules necessary for the management of their internal affairs. Article LII. — No Member of either Bouse shall be held responsible outside the respective Houses, for any opinion uttered or for any vote given in the House. When, however, a Member himself has given publicity to his opinions by public speech, by documents in print or in writing, or by any other similar means, he shall, in the matter, be amenable to the general law. Article LIII. — The Members of both Houses shall, during the session, be free from arrest, unless with the consent of the House, except in cases of flagrant delicts, or of offences connected with a state of internal commotion or with a foreign trouble. Article LIV. — The Ministers of State and the Delegates of the Government may, at any time, take seats and speak in either House. CHAPTEE IV.— THE MINISTEES OF STATE AND THE PEIVY COUNCIL. Article LV. — The respective Ministers of State shall give their advice to the Emperor and be responsible for it. All Laws, Imperial Ordinances, and Imperial Eescripts of whatever kind, that relate to the affairs of the State, require the countersignature of a Minister of State. THE CONSTITUTION OF JAPAN. 7 Article LVI. — The Privy Council shall, in accordance with the provisions for the organization of the Privy Council, deliberate upon important matters of State, Avhen they have been consulted by the Emperor. CHAPTEE V.— THE JUDICATURE. Article LVII. — The Judicature shall be exercised by the Courts of Law according to law, in the name of the Emperor. The organization of the Courts of Law shall he determined by law. Article LVIIL- — The judges shall be appointed from among those who possess qualifications according to law. No judge shall be deprived of his position, unless by Avay of criminal sentence or disciplinary punishment. Rules for disciplinary punishment shall he determined by law. Article LIX. — Trials #nd judgments of a Court shall be conducted publicly. When, however, there exists any fear that such publicity may be prejudicial to peace and order, or to the maintainance of public morality, the public trial may be suspended by provision of law or by the decision of the Court of Law. Article LX. — All matters that fall within the competency of a special Court shall be specially provided for by law. Article LXI. — No suit at law, which relates to rights alleged to have been infringed by the illegal measures of the executive authorities, and which shall come w'ithin the competency of the Court of Administrative Litigation specially established by law, shall be taken cognizance of by a Court of Lrav. CHAPTER VL— FINANCE. Article LXII. — The imposition of a new' tax or the modification of the rates (of an existing one) shall be determined by law. ^ However, all such administrative fees or other reA’enue having the nature of compensation shall not fall Avithin the category of the above clause. The raising of national loans and the contracting of other liabilities to the charge of the National Treasury, except those that are proA'idedin the Budget, shall require the consent of the Imperial Diet. Article LXIII. — The taxes levied at present shall, in so far as are not remodelled by new laAv, be collected according to the old system. Article LXIV. — The expenditure and reA'enue of the State require the consent of the Imperial Diet by means of an annual Budget. Any and all expenditures OA'erpassing the appropriations set forth in the Titles and Paragraphs of the Budget, or that are not proA’ided for in the Budget, shall subsequently require the approbation of the Imperial Diet. Article LXV. — The Budget shall be first laid before the House of Representatives. Article LXVI — The expenditures of the Imperial House shall be defraj'ed every year out of the National Treasury, according to the present fixed amount for the same, and shall 8 THE CONSTITUTION OF JAPAN. not require the consent thereto of the Imperial Diet, except in case an increase thereof is found necessary. Article LXYII. — Those already fixed expenditures based by the Constitution upon the powers appertaining to the Emperor, and such expenditures as may have arisen by the effect of law, or that appertain to the legal obligations of the Government, shall be neither rejected nor reduced by the Imperial Diet, without the concurrence of the Government. Article LXVIII. — In order to meet special requirements, the Government may ask the consent of the Imperial Diet to a certain amount as a Continuing Expenditure Fund, for a previously fixed number of years. Article LXIX. — In order to supply deficiencies, which are unavoidable, in the Budget, and to meet requirements unprovided for in the same, a Reserve Fund shall be provided in the Budget. Article LXX. — When the Imperial Diet cannot be convoked, ovdng to the external or internal condition of the country, in case of urgent need for the maintenance of public safety, the Government may take all necessary financial measures, by means of an Imperial Ordinance. In the case mentioned in the preceding clause, the matter shall be submitted to the Imperial Diet at its next session, and its approbation shall be obtained thereto. Article LXXI. — When the Imperial Diet has not voted on the Budget, or when the Budget has not been brought into actual existence, the Government shall carry out the Budget of the preceding year. Article LXXII. — The final account of the expenditures and revenue of the State shall be verified and confirmed by the Board of Audit, and it shall be submitted by the Government to the Imperial Diet, together with the report of verification of the said Board. The organization and competency of the Board of Audit shall be determined by law separately. CHAPTER VII.— SUPPLEMENTARY RULES. Article LXXIII. — When it has become necessary in future to amend the provisions of the present Constitution, a project to that effect shall be submitted to the Imperial Diet by Imperial Order. In the above case, neither House can open the debate, unless not less than two- thirds of the whole number of Members are present, and no amendment can be passed, unless a majority of not less than two-thirds of the Members present is obtained. Article LXXIV. — No modification of the Imperial House Law shall be required to be submitted to the deliberation of the Imperial Diet. No provision of the present Constitution can be modified by the Imperial House Law. Article LXXV.— No modification can be introduced into the Constitution, or into the Imperial House Law, during the time of a Regency. Article LXXVI. — Existing legal enactments, such as laws, regulations. Ordinances, or by whatever names they may be called, shall, so far as they do not conflict with the present Constitution, continue in force. All existing contracts or orders, that entail obligations upon the Government, and that are connected vith expenditure, shall come within the scope of Art. LXVII, THE CONSTITUTION OF JAPAN. 9 IMPEEIAL ORDINANCE CONCERNING THE HOUSE OF PEERS. We, in accordance with the express provision of the Constitution of the Empire of Japan, hereby promulgate, with the advice of Our Privy Council, the present ordinance concerning the House of Peers ; as to the date of its being carried out. We shall issue a special order. [His Imperial Majesty’s Sign-Manual.] [Privy Seal.] The 11th day of the 2nd month of the 22nd year of Meiji. (Countersigned) Count Kuroda Kiyotaka, Minister President of State. Count Ito Hibobumi, President of the Privy Council. Count Okuma Shigenobu, Minister of State for Foreign Affairs. Count Saigo Tsukumichi, Minister of State for the Navy. Count Inouye Kaoru, Minister of State for Agriculture and Commerce. Count Yamada Akiyoshi, Minister of State for Justice. Count Matsugata Masayoshi, Minister of State for Finance and Minister of State for Home Affairs. Count Oyama Iwao, Minister of State for War. Viscount Mori Arinori, Minister of State for Eclucation. Viscount Enomoto Takeaki, Minister of State for Communications. Article I. — The House of Peers shall be composed of the following Members. 1. The members of the Imperial Family. 2. Princes and Marquises. 3. Counts, Viscounts, and Barons who have been elected thereto by the members of their respective orders. 4. Persons who have been specially nominated by the Emperor, on account of meritorious services to the state or of erudition. 5. Persons who have been elected, one Member for each Fu (City) and Ken (Prefecture), by and from among the taxpayers of the highest amount of direct national taxes on land, industry or trade therein, and who have afterwards been nominated thereto by the Emperor, 10 THE CONSTITUTION OF JAPAN. Article II. — The male members of the Imperial Family shall take seats in the House on reaching their majority. Article III. — The members of the orders of Princes and of Marquises shall become Members on reaching the age of full twenty-five years. Article IV. — The members of the orders of Counts, Viscounts and Barons, that after reaching the age of full twenty-five years have been elected by the members of their respective orders, shall become Members for a term of seven years. Eules for their election shall be specially determined by Imperial Ordinance. The number of members mentioned in the preceding clause shall not exceed the one-fifth the entire number of the respective orders of Counts, Viscounts and Barons. Article V. — Any man of above the age of full thirty years, who has been nominated jMember by the Emperer for meritorious services to the State or for erudition, shall be a life Member. Article VI. — One member shall be elected in each Fu and Ken from among and by the fifteen male inhabitants thereof of above the age of full thirty years, paying therein the highest amount of direct national taxes on land, industry, or trade. When the person thus elected receives his nomination from the Emperor, he shall become a Member for a term of seven years. Eules for such election shall be specially determined by Imperial Ordinance. Article VII. — The number of Members that have been nominated by the Emperor, for meritorious services to the State, or for erudition, or from among men paying the highest amount of direct national taxes on land, industry, or trade in each Fu or Ken, shall not exceed the number of the Members having the title of nobility. Article VIII. — The House of Peers shall, when consulted by the Emperor, pass vote upon rules concerning the privileges of the nobility. Article IX. — The House of Peers decides upon the qualification of its Members and upon disputes concerning elections thereto. The rules for these decisions shall be resolved upon by the House of Peers and submitted to the Emperor for his sanction. Article X. — When a Member has been sentenced to confinement, or to any severer punishment, or has been declared bankrupt, he shall be expelled by Imperial Order. With respect to the expulsion of a Member, as a disciplinary punishment in the House of Peers, the President shall report the facts to the Emperor for His decision. Any Member who has been expelled shall be incapable of again becoming a Member, unless permission so to do has been granted by the Emperor. Article XI. — The President and Vice-President .shall be nominated by the Emperor, from among the Members, for a term of seven years. If an elected Member is nominated President or Vice-President, he shall serve in that capacity for the term of his membership. Article XII. — Every matter, . other than what provision has been made for in the pre- sent Imperial Ordinance, shall be dealt with according to the provisions of the Law of the Houses, THE CONSTITUTION OF JAPAN. 11 Article XIII. — When in the future any amendment or addition is to be made in the provisions of the present Imperial Ordinance, the matter shall be submitted to the vote of the House of Peers. LAW OF TPIE HOUSES. W^e, with the advice of Our Privy Council, hereby give Our Sanction to the present Law of the Houses and order it to be promulgated and at the same time direct that, from the day of the institution of the House of Peers and of the House of Representatives, all affairs, connected with either the one or the other of them, be conducted in accordance with the present Law. [His Imperial Majesty’s Sign-Manual.] [Privy Seal.] The 11th day of the 2nd month of the 22ud year of Meiji. (Countersgned j Count Kuroda Kiyotaka, Minister President of State. Count Ito Hirobumi, President of the Privy Council. Count Okuma Shigenobu, Minister of State for Foreign Affairs. Count Saigo Tsukumichi, Minister of State for the Navy. Count Inouye Kaoru, Minister of State for Agriculture and Commerce. Count Yamada Akiyoshi, Minister of State for Justice. Count Matsugata Masayoshi, Minister of State fcft’ Finance, and Minister of State for Home Affairs. Count Oyama Iwao, Minister of State for War. Viscount Mori Arinori, Minister of State for Education. Viscount Enomoto Takeaki, Minister of State for Communications. CHAPTER I.— CONVOCATION, ORGANIZATION, AND OPENING OF THE IMPERIAL DIET. Article I. — An Imperial Proclamation for the convocation of the Imperial Diet, fixing the date of its assembling, shall be issued at least forty days beforehand. Article II. — The Members shall assemble in the Hall of their respective Houses, upon the day specified in the Imperial Proclamation of convocation. 12 THE CONSTITUTION OF JAPAN. Article III. — The President and Vice-President of the House of Representatives shall both of them be nominated by the Emperor, from among three candidates respectively elected by the House for each of those offices. Until the nomination of the President and Vice-President, the fmictions of President shall be discharged by the Chief Secretary. Article IV. — Each House shall divide the whole number of its Members into several Sections by lot, and in each Section a Chief shall be elected by and from among the Members belonging thereto. Article V. — Upon the organization of both Houses, the day for the opening of the Imperial Diet shall be fixed by Imperial Order, and the ceremony of opening shall be celebrated by the assembling of the Members of both Houses in the House of Peers. Article VI. — On the occasion referred to in the preceding Article, the functions of President shall be exercised by the President of the House of Peers. CHAPTER II.— PRESIDENT, SECRETARIES, AND EXPENSES. Article VII. — There shall be in each House a President and a Vice-President. Article VIII. — The term of the office of the President and of the Vice-President of the House House of Representatives, shall be the same as that of the membership thereof. Article IX. — When the office of President or of Vice-President of the House of Repre- sentatives, has become vacant by the resignation of the occupant thereof or for any other reason, the term of office of the successor shall he in correspondence with that of his predecessor. Article X. — The President of each House shall maintain order therein, regulate the debates, and represent the House outside thereof. Article XI. — The President of each House shall continue to assume the direction of the business of the House, during the interval that the Diet is not in session. Article XII. — The President shall be entitled to attend and take part in the debates of both the Standing and of the Special Committees, but he shall have no vote therein. Article XIII. — In each House, in the event of the disability of the President, he shall be represented in his functions by the Vice-President. Article XIV. — In each House, in the event of the disability of both the President and of the Vice-President at the same time, a temporary President shall be elected to exercise the functions of President. Article XV. — The President and the Vice-President of each House, shall, upon the expiration of their term of office, continue to exercise their functions, until their successors have been nominated by the Emperor. Article XVI. — In each House there shall be appointed a Chief Secretary and several Secretaries. The Chief Secretary shall be of the Chnkunin rank, and the Secretaries of the Sojimrank. Article XVII. — The Chief Secretary shall, under the direction of the President, super- vise the business of the Secretaries and append his signature to official documents. THE CONSTITUTION OF JAPAN. 13 The Secretaries shall compile the records of debates, make drafts of other documents and manage business generally. Required functionaries other than Secretaries shall be appointed by the Chief- Secretary. Article XVIII. — The expenses of both Houses shall be defrayed out of the National Treasury. CHAPTER HI.— THE ANNUAL ALLOWANCES TO THE PRESIDENT, VICE PRESIDENT AND MEMBERS. Article XIX. — The Presidents of the respective Houses shall receive each an annual allowance of four thousand ijen and the Vice-Presidents, that of two thousand yen each ; while such Members of the House of Peers as have been elected thereto, and such as have been nominated thereto by the Emperor, and Members of the House of Representatives, shall each receive an annual allowance of eight hundred yen. They shall also receive travelling expenses in accordance with regulations to be specially provided. Members, however, who do not comply with the summons of convocation, shall receive no annual allowance. The Presidents, Vice-Presidents, and Members shall not be allowed to decline their respective annual allowances. Members, who are in the service of the Government, shall receive no such annual allowances. In the case mentioned in Article XXV., the Members concerned shall receive, in addi- tion to the annual allowance mentioned in the first clause of the present Article, an allowance of not more than five yen per diem, in accordance with the schedule determined by the respective Houses. CHAPTER IV.— COMMITTEES. Article XX. — Committees shall be of three kinds, a Committee of the Whole House, and Standing and Special Committees. The Committee of the Whole House is composed of the whole number of the Members of the House. The Standing Committee shall be divided into several branches according to the requirements of business ; and in order to engage in the examination of matters falling within its province, the several Sections shall, from among the Members of the House, respectively elect an equal number of members to the Standing Committeeeship. The term of the Standing Committeeship shall last during a single session only. The Special Committees shall be chosen by the House and specially entrusted with the examination of a certain particular matter. Article XXI. — The Chairman of the Committee of the Whole House shall he elected for each session at the beginning of the same. The Chairman of both the Standing and Special Committees shall be respectively elected at the meetings of the Committees, by and from among the members thereof) 14 THE CONSTITUTION OF JAPAN. Article XXII. — No debate can be opened nor can any resolution be passed by the Committee of the Whole House, unless more than one third of the entire number of the members of the House is present, or by either the Standing or by the Special Committees, unless more than one half of the members of the same is present. Article XXIII. — No stranger, other than Members of the House, shall be admitted to the meetings of either the Standing or of the Special ( 'ommittees. Members may also be excluded from such meetings by resolution of the respective Committees. Article XXIV. — The Chairman of each Committee shall report to the House concerning the proceedings and results of the meetings of the Committee over -which he presides. Article XXV. — Each House may, at the request or -uuth the concurrence of the Government, cause a Committee to continue the examination of Bills during the interval when the Diet is not sitting. CHAPTER V.— SITTINGS. Article XXVI. — The President of each House shall determine the orders of the day and report the same to the House over which he presides. In the orders of the day, the Bills brought in by the Government shall have precedence, except when the concurrence of the Government has been obtained to the contrary, in case of urgent necessity for debates. Article XXVII. — A project of law shall be voted upon, after it has passed through three readings. But the process of three readings may be omitted, when such a course is demanded by the Government, or by not less than ten Members, and agreed to by a majority of not less than two-thirds of the members present in the House. Article XXVIII. — Bills brought in by the Government shall never be voted upon without having been first submitted to the examination of a Committee. But it may happen otherwise, when it is so demanded by the Government in case of urgent necessity. Article XXIX. — When a Member moves to introduce a Bill or to make an amendment of a Bill, such motion shall not be made the subject of debate, unless it is supported by not less than twenty Members. Article XXX. — The Government shall be at liberty at any time to either amend or withdraw any Bill which it has already brought in. Article XXXI. — All Bills shall, through the medium of a Minister of State, be presented to the Emperor by the President of that House in which the Bill has been last voted upon. When, however, a Bill originating in either one of the Houses has been rejected in the other, the rule set forth in the second clause of Article LIV. shall be followed. Article XXXII. — Bills which, after having been passed by both Houses of the Diet and presented to the Emperor, may receive His sanction, shall be promulgated before the next session of the Diet. THE CONSTITUTION OF JAPAN. 16 CHAPTER VI.— PROROGATION AND CLOSING. Article XXXIII.— The Government may at any time order the prorogation of either House for a period of not more than fifteen days. When either House again meets after the termination of the prorogation, the debates of the last meeting shall be continued. Article XXXIV. — In case the House of Peers is ordered to prorogue on account of the dissolution of the House of Representatives, the rule set forth in the second clause of the preceding Article shall not apply. Article XXXV. — Bills, representations, and petitions, that have not been voted upon up to the time of the closing of the Imperal Diet, shall not be continued at the next session. It is, however, otherwise in the case mentioned in Article XXV. Article XXXVI. — The closing of the Diet shall be effected in a joint meeting of both Houses, in accordance with Imperial Order. CHAPTER VII.— SECRET SITTINGS. Article XXXVII. — In the following cases, sittings of either House may be held with closed doors : — 1. Upon motion either of the President or of not less than ten Members and agreed to by the House. 2. Upon the demand of the Government. Article XXXVIII. — When a motion to go into secret sitting is made either by the President or by not less than ten Members, the President shall cause the sti’angers to withdraw from the House, and shall then proceed, without debate, to take votes upon the motion. Article XXXIX. — The proceedings of a secret sitting shall not be made public. CHAPTER VIII.— THE PASSING OF THE BUDGET. ^ Article XL. — When the Budget is brought into the House of Representatives by the Government, the Committee on the Budget shall finish the examination of the same, rvithin fifteen days from the day on which it received it, and report thereon to the House. Article XLI. — No motion for an amendment to the Budget can be made the subject of debate at a sitting of the House, unless it is supported by not less than thirty Members. CHAPTER IX.— THE MINISTERS OF STATE AND THE DELEGATES OF THE GOVERNMENT. Article XLII. — The Ministers of the State and the Delegates of the Government shall be allowed at any time to speak. But the speech of no Member shall be interrupted that they may do so. Article XLIII.- — -When a Bill has been referred in either House to a Committee, the Ministers of State and the Delegates of the Government may attend the meetings of the Committee and there express their opinions. 16 THE CONSTITUTION OF JAPAN. Article XLIV. — A Committee in meeting may, through the President, demand explana- tions from the Delegates of the Government. Article XLV. — The Ministers of State and the Delegates of the Government, except such of them as are Members of the House, shall have no vote in the House. Article XL VI. — When a meeting of either a Standing or of a Special Committee is to be held, the Chairman thereof shall every time report the fact to the Ministers of State and to the Delegates of the Government concerned in the matter to be considered. Article XLVII. — The orders of the day and the notice relating to debates shall simul- taneously with the distribution thereof among the Members, be transmitted to the Ministers of State and to the Delegates of the Government. CHAPTER X.— QUESTIONS. Article XLVIII. — When a Member in either House desires to put a question to the Government, he shall be required to obtain the support of not less than thirty Members. In putting such question, the Member proposing it shall draw up a concise memorandum and present it to the President, after he shall have signed it conjointly with the supporters. Article XLIX. — The President shall transmit the memorandum on questions to the Government. A Minister of State shall then either immediately answer the questions, or fix the date for making such answer, and when he does not do so, he shall explicitly state his reasons therefor. Article L. — When an answer has been or has not been obtained from a Minister of State, any Member may move a representation concerning the affairs of the questions. CHAPTER XI.— ADDRESSES AND REPRESENTATIONS. Article LI. — When either House desires to present an address to the Emperor, it shall be presented by it in writing ; or the President may be directed, as the representative of the House, to ask an audience of the Emperor, and present the same to Him. The representations of either House to the Government shall be presented in writing. Article LII. — No motion for such address and representation shall in either House be made the subject of debate, unless, at least thirty Members support it. CHAPTER XII.— THE RELATIONS OF THE TWO HOUSES OF THE DIET TO EACH OTHER. Article LIII. — With the exception of the Budget, the Bills of the Government may be brought in either one of the Houses first, according to the convenience of the case. Article LIV. — When a Government Bill has been passed in either House with or without amendment, it shall then be carried into the other House. When the second House either concurs in or dissents from the vote of the first House ; it shall, simultaneously with addressing the Emperor, report to the first House. In case a Bill introduced by either House is rejected by the other House, the second House shall report the fact to the first House, THE CONSTITUTION OF JAPAN. 17 Article LV. — When either House makes amendments to a Bill carried into it from the other House, the Bill as amended shall he returned to the first House. When the first House agrees to the amendments, it shall, simultaneously with addressing the Emperor, report to the Second House. When, on the other hand, the first House does not agree to such amendments, it may demand a conference of the two Houses. When either House demands a conference, the other House cannot refuse it. Article LVI. — -Both Houses shall elect an equal number, not more than ten, of Mana- gers to meet in conference. When the Bill in question has been adjusted in the conference, the adjusted Bill shall be discussed first in that House which had either received it from the Government or had initiated it, and the Bill is then carried to the other House. No motion for amendments can be made to a Bill that has been adjusted in a conference. Article LVII. — The Ministers of State, the Delegates of the Government and the Presidents of both Houses, are at liberty to attend a conference of the two Houses and to express their opinions thereat. Article LVIII. — No strangers are allowed to be present at a conference of the two Houses. Article LIX. — At a conference of the two Houses, vote shall be taken by secret ballot. In the event of a tie vote, the Chairman shall have the casting vote. Article LX.— The Managers from the two Houses shall separately elect one of them- selves Chairman of the conference. The Chairman thus elected shall occupy the chair at alternate meetings of the conference. The Chairmanship of the first meeting shall be settled by the drawing of lots Article LXI. — All other regulations besides what is provided for in the present Chapter, as to any business in which both Houses are concerned, shall be determined by a conference of the two Houses. CHAPTEE XIII.— PETITIONS. Article LXII. — All petitions addressed to either House by people shall be received through the medium of a Member. «. Article LXIII. — Petitions shall he submitted, in either House, to the examination of the Committee on Petitions. When the Committee on Petitions considers that a petition is not in conformity with the established rules, the President shall return it through the Member, through whose medium it was originally presented. Article LXIV. — The Committee on Petitions shall compile a list, in which shall be noted the essential points of each petition, and shall report once a week to the House. When it is asked for by a special report of the Committee on Petitions or by not less than thirty Members of the House, either House may proceed to debate on the matter of the petition in question. Article LXV. — When either House passes a vote to entertain a petition, the petition shall then be sent to the Government, together with a memorial of the House thereon and the House may, according to circumstances, demand a report thereon of the Government. 18 THE CONSTITUTION OP JAPAN. Article LXVI. — Neither House can receive a petition presented by a proxy, excepting when such proxy is a party I’ecognized by law as an artificial person. Article LXVII. — Neither House can receive petitions for amending the Constitution. Article LXVIII. — Petitions shall be in the form and style of a prayer. No petition, that is not entitled such, or that does not conform with the proper form and style, shall be received by either House. Article LXIX. — Neither House can receive a petition that contains words of disrespect towards the Imperial Family or those of insult to the Government or the House. Article LXX. — Neither House can receive petitions interfering with the administration of justice or with administrative litigation. Article LXXI. — Both Houses shall separately receive petitions and shall not interfere each with the other in such matters. CHAPTEE XIV.— THE RELATIONS BETWEEN THE HOUSES AND THE PEOPLE, THE GOVERNMENT OFFICES AND LOCAL ASSEMBLIES. Article LXXII. — Neither House is allowed to issue notifications to the people. Article LXXIII. — Neither House is allowed, for the prosecution of examinations, to summon persons or to direct a member to repair outside the precincts of the House. Article LX XIV. — When either House, for the purpose of examinations, asks the Government for necessary reports or documents, the Government shall comply, provided such reports or documents do not relate to any secret matter. Article LX XV. — Other than with the IVlinisters of State and the Delegates of the Government, neither House can hold any correspondence with any Government Office or with any Local Assembly. CHAPTER XV.— RETIREMENTS AND OBJECTIONS TO THE QUALIFICATION OF MEMBERS. Article LXXVI. — When a Member of the House of Representatives has been appointed a Member of the House of Peers, or has received an official appointment, which by law disables him from being a member, he shall be considered as retired. Article LXXVII. — When a Member of the House of Representatives has lost any of the qualifications of eligibility mentioned in the Law of Election, he shall be considered as retired. Article LXXVIII. — When an objection is raised in the House of Representatives as to the qualifications of any of its Members, a Special Committee shall be appointed to examine into the matter, upon a specified day, and the resolution of the House shall be taken upon the receipt of the report of the said Committee. Article LXXIX. — Whenever, in a Court of Law, Legal proceedings pertinent to elec- tion suit have been commenced, the House of Representatives cannot institute enquiries into the same matter. THE CONSTITUTION OF JAPAN. 19 Article LXXX. — Until the disqualification of a Member has been proved, he shall not lose either his seat or his vote in the House. In debates relating to enquiries into his own qualifications, a Member, though at liberty to offer explanations, cannot take part in voting thereon. CHAPTEE XVI.— LEAVE OF ABSENCE, EESIGNATION, AND SUBSTITU- TIONAL ELECTION. Article LXXXI. — The President of either House shall have the power to grant to Members a leave of absence for a period not exceeding a week. As to a leave of absence for a period of more than a week, permission may be given by the House. No permission shall be given for a leave of absence for an unlimited period of time. Article LXXXII. — No Member of either House can absent himself from the meetings of the House or of a Committe, without forwarding to the President a notice setting forth proper reasons therefor. Article LXXXIII. — The House of Eepresentatives shall have power to accept the resignation of a Member. Article LXXXIV. — When, from any cause whatever, a vacancy occurs among the Mem- bers of the House of Eepresentatives, the President shall report the fact to the Minister of State for Home Affairs, demanding a substitutional election. CHAPTEE XVII.— DISCIPLINE AND POLICE. Article LXXXV. — For the maintenance of discipline in either House during its ses- sion, the power of internal police shall be exercised by the President, in accordance with the present Law and such regulations as may be determined in the respective Houses. Article LXXXVI. — Police officials required by either House, shall be provided by the Government and put under the direction of the President. Article LXXXVII. — When, during a meeting of the House, any Member infringes the present Law or the rules of debate, or in any way disturbs the order of the House, the President shall either warn him, stop him, or order him to retract his remarks. When he fails to obey the order of the President, the latter shall have the power either to prohibit him from speaking during the remainder of the meeting, or to order him to leave the Hall Article LXXXVIII. — When the House is in a state of excitement and it is found difficult to maintain order, the President shall have power either to suspend the meeting or close it for the day. Article LXXXIX. — When any stranger disturbs the debate, the President may order him to leave the House, and in case of necessity, may cause him to be handed over to a police officer. When the strangers' gallery is in a state of commotion, the President may order all strangers to leave the House. Article XC.— When any person disturbs the order of the House, the Ministers of State, the Delegates of the Government, and the Members, may call the attention of the President thereto. 20 THE CONSTITUTION OF JAPAN. Article XCI. — In neither House shall the utterance of expressions or the making of speeches, implying disrespect to the Imperial House, be allowed. Article XCII. — In neither House shall the use of coarse language or personalities be allowed. Article XCHI- — When any member has been vilified or insulted either in the House or at a meeting of a Committee, he shall appeal to the House and demand that proper measures be taken. There shall be no retaliation among Members. CHAPTER XVIII.— DISCIPLINARY PUNISHMENTS. Article XCIV. — Both Houses shall have the power to mete out disciplinary punishment to the respective Members. Article XCV. — In each House there shall be instituted a Committee on Disciplinary Punishment for making enquiries into cases of disciplinary punishment. When a case for disciplinary punishment occurs, the President shall, in the first place, instruct the Committee to enquire into the matter, and shall deliver sentence after having submitted the case to the consideration of the House. When a case for disciplinary punishment occurs at a meeting of a Committee or in a Section, the Chairman of the Committee or the Chief of the Section shall report the matter to the President and require measures to be taken thereon. Article XCYI. — Disciplinary punishments shall be as follows ; — 1. Reprimands at an open meeting of the House. 2. Expression by the offenders of a proper apology at an open meeting of the House. 3. Suspension of the offender from presence in the House for a certain length of time. 4. Expulsion. In the House of Representatives, expulsion shall be decided upon by a majority vote of more than two-thirds of the Members present. Article XCVII. — The House of Representatives shall have no power to deny a seat to a Member that has been expelled, when he shall has been re-elected. Article XCVHI. — Any Member shall, with the support of not less than twenty Members, have the right to make a motion for the infliction of a disciplinary punishment. A motion for a disciplinary punishment shall be made within three days from the com- mission of the offence. Article XCIX. — When, for non-compliance, without substantial reasons, with the Imperial Proclamation of convocation within one week from the date specified therein, or for absence, without good reasons from the meetings of the House or of a Committee, or for having exceeded the period of his leave of absence, a Member has received a summons from the President and still persists in delaying his appearance without good grounds for so doing, for one week after the receipt of the said summons, he shall, in the House of Peers, be suspended from taking his seat, and the matter shall be submitted to the Emperor for His decision. In the House of Representatives, such Member shall be expelled therefrom. THE CONSTITUTION OF JAPAN. 21 LAW OF ELECTION FOE THE MEMBEES OF THE HOUSE OF EEPEESENTATIVES. We, with the advice of Our Privy Council, give Our Sanction to the Law of Election for the Members of the House of Eepresentatives and to the Appendix thereof, and order the same to be promulgated, and We at the same time order that, from the year of the convocation of the Imperial Diet, elections be carried out in accordance vdth the present Law, [His Imperial Majesty’s Sign-Manual.] [Privy Seal.] The 11th day of the 2nd month of the 22nd year of Meiji. (Countersigned) Count Kukoda Kiyotaka, Minister President of State. Count Ito Shikobumi, President of the Privy Council. Count Okuma Shigenobu, Minister of State for Foreign Affairs. Count Saigo Tsukumichi, Minister of State for the Navy. Count Inouye Kaoeu, Minister of State for Agriculture and Commerce. Count Yamada Akiyoshi, Minister of State for Justice. Count Matsugata Masayoshi, Minister of State for Finance and Minister of State for Home Affairs. Count Oyama Iwao, Minister of State for War. Viscount Mori Arinoei, Minister of State for Education. Viscount Yenomoto Takeaki, Minister of State for Communications. CHAPTEE I.— ELECTION DISTEICTS. Article I. — The Members of the House of Eepresentatives shall be elected in the election districts of each Fu (City) and Ken (Prefecture). The election districts, and the number of Members to be elected in each district, are set forth in the Appendix of the present Law. 22 THE CONSTITUTION OF JAPAN. Article II. — The Governor of a Fu or of a Ken shall superintend elections in the election districts in his Fu or Ken. Elections in an election district shall he superintended either by the Guncho (Head of Bural District) or by the Shicho (Head of Municipality) in the capacity of Chairman of Election. Article III.— When an election district extends over more than one Gun (Eural District) or Shi (Municipality), the Governor of the Fu or Ken shall appoint one of the Guncho or one of the Shicho for the Chairman of Election. Article IV. — When there are more than one election district within the limits of a Shi, the Governor of the Fu or Ken shall appointed the Kucho (Head of Urban District) for the Chairman of Election. Article V. — Expenses of election shall be defrayed out of the local taxes. CHAPTEE II.— QUALIFICATIONS OF ELECTOES. Article VI. — Every elector is required to possess the following qualifications : — 1. He must be a male Japanese subject and be not less than full twenty-five years of age. 2. He must have fixed his permanent residence and actually resided in the Fu or Ken, for not less than one year, previous to the date of the drawing up of the electoral list, and must be still residing therein. 3. For not less than one year previous to the date of the making out of the electoral list, he must have been paying, in the Fu or Ken, direct national taxes to the amount of not less than fifteen yen, and must be still paying the same. But in the case of income tax, he must have been paying it for not less than full three years previous to the same date, and must be still paying it. Article VH. — In the case of a person that has succeeded to an estate by inheritance, the amount of taxes paid on the estate by his predecessor shall be counted in for his qualification. CHAPTEE III.— QUALIFICATIONS OF ELIGIBLE PEESONS. Article VIH. — Those alone shall be eligible, that are male Japanese subjects of not less than full thirty years of age, and that, in the Fu or Ken, in which they desire to be elected, have been paying direct national taxes to an amount of not less than fifteen yen, for a period of not less than one year, previous to the date of the making out of the electoral list, and that are still paying that amount of direct national taxes. As to income tax, however, it is required that eligible persons shall have been paying it for a period of not less than three years previous to the date of the making out of the electoral list, and that they be still paying it. Article IX. — Officials in the Imperial Household Department, Officials of Justice, Auditors, Eevenue Officials, and Police Officials shall not be eligible. THE CONSTITUTION OF JAPAN. 23 Officials other than those enumerated in the preceding clause may, so long as their official functions are not thereby interfered with, serve as Members, retaining their official position. Article X. — The officials of a Fu, Ken, or Gun shall not be eligible within the limits of the jurisdiction of their respective offices. Article XI. — The officers of a Shi, Town or Village, engaged in the management of an election, shall be not eligible within their respective election districts. Article XII. — Shinto priests, and priests and teachers of religion of all kinds, shall be ineligible. Article XIII. — When a member of a Fu or Ken Assembly has been elected Member of the House of Eepresentatives, and has accepted the election, he shall resign his former seat. CHAPTEE IV.— EULES APPLICABLE IN COMMON TO ELECTOES AND TO ELIGIBLE PEESONS. Article XIV. — Any person, falling within any of the following categories, shall be disqualified as an elector or as an eligible person ; — 1. Lunatics and idiots. 2. Undischarged bankrupts. 3. Persons wdio have been deprived of public rights or whose public rights are suspended. 4. Those who have been sentenced to confinement, when full three years have not yet elapsed since the completion or pardon of their sentences. 5. Persons who have been sentenced by the old Criminal Law to penal servitude for not less than one year, or to imprisonment for a political offence for not less than one year, when full three years have not yet elapsed since the completion or pardon of their sentences. 6. Persons who have been punished for gambling, when full three years have not yet elapsed since the completion or pardon of their sentences. 7. Persons whose right to elect and to be elected is suspended on account of an offence connected with an election. Article XV. — Men in the Army or in the Navy cannot exercise the rigljt to elect or to be elected, while they are in actual service. The same rule applies to those who have temporarily retired from actual service, or who have been suspended therefrom. Article XVI. — The toshu (pater-familias) of families of nobility shall be incapable of electing or of being elected Members of the House of Eepresentatives. Article XVII. — Any person, against whom a criminal prosecution has been brought, and who is in detention or is under bail, shall be incapable of exercising the right to elect or to be elected, until the completion of the proceedings. CHAPTEE V.— ELECTOEAL LIST. Article XVIII. — The Chairman of Election shall cause the Chocho (Head of Town) and the Soiicho (Head of Village) of an election district, to make a list of all the persons in the district having qualifications to elect, and make out two copies thereof by the 1st of Arpil in each year : one of the copies shall be forwarded to the Chairman of Election before the 20th of the same month. 24 THE CONSTITUTION OF JAPAN. In this electoral list shall he entered the name, official rank, profession, class, residence, and date of birth of each elector, and the total amount of direct national taxes paid by him, and the place in which such taxes are paid. Article XIX. — In a Shi, the electoral list shall be made out in the following manner: — 1 . When the whole Shi or a Ku (Urban District) thereof constitutes an election district, the Chairman of Election shall compile the electoral list. 2. When several Ku of a Shi are united into one election district, the Kucho of each Ku shall compile the electoral list for his respective district, and forward it to the Chairman of Election. 3. When, in case Gun and Shi are united into one election district, the Guncho assumes the functions of Chairman of Election, the Shicho shall compile the electoral list and forward it to the Chairman of Election. 4. In the case mentioned in the last clause, when the Shicho serves as Chairman of Election, he shall compile the electoral list of the Shi. Article XX. — When an elector is paying direct national taxes without the limits of the selection district in wdiich he is residing, he shall obtain, to that effect, the certificate of the Chocho, Soncho, Shicho, or Kucho, of the place in which he is paying such taxes, and forward it before the date for the compilation of the electoral list, to the Chocho, Soncho, Shicho, or Kucho, entrusted with the management of the voting. Article XXI. — The Chairman of Election shall amalgamate into one all the electoral lists forwarded by the respective Chocho, Soncho, Shicho, or Kucho, making one list for each election district. He shall keep it in the Gun, Shi, or Ku Office, concerned in the management of the election, and send a duplicate of it to the Governor of the Fu or Ken. Article XXII.— The Chairman of Election shall, during fifteen days commencing from the 5th of May in each year, exhibit for public inspection a copy of the electoral list of each election district, in the Gun, Shi or Ku Office concerned in the management of the election. Article XXIII. — When any one possessing the qualifications to elect, discovers an omission or the wrong registration of a name in an electoral list, he may claim that correction be made, by giving to the Chairman of Election, during the period of public inspection, written notice and his reasons therefor, together with corroborative evidence. After the expiration of the period for public inspection, no notice mentioned in the foregoing clause shall be entertained. Article XXIV.— Upon the receipt of a notice about omission, the Chairman of Election shall examine the reasons alleged and the evidence adduced, and shall give his decision within twenty days from the receipt of such notice. When he decides the notice to be relevant, he shall immediately register the name omitted, and communicate the circumstances to the Chocho, Soncho, Shicho, or Kucho of the place in which the person in question is residing, at the same time publishing the fact in the election district. Article XXV. — Upon the receipt of a notice of ivTong registration, the Chairman of Election shall examine the reasons alleged and evidence adduced, and in case of necessity shall summon and examine the person, who has given the said notice, and the one concerning whom the notice has been given. The matter shall be decided within twenty days from THE CONSTITUTION OF JAPAN. 25 the receipt of the notice, and when it is decided to have been a wrong registration, it shall be at once erased and the circumstances communicated to the Chocho, Soncho, Shicho, or Kucho of the place in which the person in question is residing at the same time publishing the fact in the election district. Article XXVI. — When either the person who has given the notice, or the person about whom it has been given, is not satisfied with the decision of the Chairman of Election, he may, within seven days from the day on which the said decision was given, institute against the Chairman of Election a suit in a Court of First Instance. Article XXVII. — Upon the receipt of the suit mentioned in the preceding Article, the Court shall promptly proceed to the trial of the case, irrespective of its calender. Article XXVIII. — No appeal is allowed against the judgment of the Court of First Instance mentioned in the preceding Article, but it is permissible to bring an appeal to the Court of Cassation for revision. Article XXIX.— The 15th of June shall be the date on which the electoral list shall be finally settled, and it shall be maintained as it then may be until the day of compilation the following year. When, however, any correction is to be made in pursuance of the judgement of a Court of Law, the Chairman of Election shall make the said correction within twenty-four hours from the receipt of such judgement, and shall communicate the circumstance to the Chocho, Soncho, Shicho, or Kucho of the place in which the person, who has given the notice, or the one about whom the notice has been given, is residing, at the same time publishing the facts within the election district. CHAPTEK VI.— DATE OP ELECTION AND VOTING PLACE. Article XXX. — Voting shall take place ordinarily on the 1st day of July. In the case, however, of the dissolution of the House of Eepresentatives, the date of an extraordinary election shall be fixed and proclaimed by Imperial Ordinance, at least thirty days beforehand. Article XXXI. — The voting place shall be opened in the Town or Vilj^age Office or in some other place named by the Chocho or the Soncho and shall be put under the management of the Chocho or Soncho. Article XXXII. — When the number of electors in a Town or a Village is not numerous enough to require the opening of a voting place, several Towns or several Villages or both, may be united for the purpose. In this case, the Guncho shall, subject to the approval of the Governor of the Fu or Ken, determine the Towns or Villages to be thus united, the voting place, and the Chocho or Soncho under whose management the voting place is to be put. Article XXXIII. — The Chocho or the Soncho shall nominate not less than two and not more than five witnesses among the electors of the election district under his management, and the notice of the nomination shall be sent to the persons nominated at least three days previous to the day of election, requesting them to attend the voting place on that day. The witnesses cannot decline their nomination without proper reasons, 26 THE CONSTITUTION OF JAPAN. CHAPTEE VII.— VOTING. Article XXXIV. — The voting shall commence at 7 o’clock a.m. and be closed at 6 o’clock p.m. Article XXXV. — The ballot-box shall have a double lid, each fitted ■with a different key. One of the two keys shall be put in the custody of the Chocho or Soncho, and the other in that of the witnesses. Article XXXVI. — Before the commencement of the voting the Chocho or the Soncho shall, together with the witnesses, open the ballot-box in the presence of the electors on the spot and show them that it is empty. Article XXXVII. — On the day of election, electors shall come in person to the voting place and vote, after identifying themselves with their names in the electoral list. Article XXXVIII. — The voting paper shall be of a uniform style in each Fu and Ken, and shall be given to each elector, by the Chocho or the Soncho, at the voting place on the day of election. Every voter shall, at the voting place, inscribe upon the voting paper the name of the person he votes for, then his own name and residence, and shall put his stamp upon it. Article XXXIX. — When a voter declares himself incapable of forming the characters required, the Chocho or the Soncho shall direct an officer to do so for him. The paper shall next be read to the voter, who shall put his stamp thereon and then cast his vote. These details shall be entered in the minutes of the voting. Article XL. — In an election district where two or more than tivo Members are to be elected, the method of “ scrutin de liste ” shall be employed. Article XLI. — No person, other than those entered in the electoral list, shall be capable of voting. Should, however, any one come to the voting place on the day of election, bringing with him a judgment of a Court of Law entitling him to have his name entered in tlie electoral list, the Chocho or the Soncho shall give him a voting paper and allow him to vote. The circumstances shall be entered in the minutes of the voting. Article XLII. — When the time for closing the polling arrives, the Chocho or the Soncho shall declare the fact and shut the ballot-box. After the shutting of the ballot-box, no voting shall be allowed. Article XLIII. — The Chocho or the Soncho shall keep minutes of the voting, in which are to be entered all matters relating to the voting, and to which he shall put his signature as shall also the witnesses theirs. Article XLIV. — On the day following that of election, the Chocho or Soncho shall send, in company with one or more witnesses, the ballot-box and the minutes of the voting, to the Gun, Shi, or Ku Office concerned in the management of the election. Article XLV. — In the case of an island situated in an election district, whence there are circumstances to make it impossible to send the ballot-box within the time mentioned in the preceding Article, the Governor of the Fu or Ken may fix a convenient date for voting, between the day of the settlement of the electoral list and the date of the election, and cause the ballot-box to be sent by the date of the election, THE CONSTITUTION OF JAPAN. 27 CHAPTEE VIII.— ELECTION MEETING. Article XLVI. — The election meeting shall be held in the Gun, Shi, or Ku Office, entrusted with the management of the election. Article XLVII. — The Chairman of Election shall nominate by lot an Election Committee of not less than three and of not more than seven persons, from among the witnesses assembling from the different voting places. Article XLYIII. — On the day following that of the transmission of the ballot-boxes, the Chairman of Election shall open each ballot-box in the presence of the Election Committee, and shall count the total number of ballots and that of the voters. When there is any difference between the total number of ballots and that of the voters, the fact shall be entered in the minutes of the election. Article XLIX. — When the counting has been finished, the Chairman of Election shall inspect the ballots in company with the Election Committee. Article L. — The electors may request admission to the election meeting of their respective election districts. Article LI. — The following ballots shall be void : — 1. Those of persons whose names are not recorded in the electoral list. It is, however, otherwise in the case of a person who has voted in virtue of a judgment of a Court of Law, which he had brought with him. 2. Ballots for which a regular voting paper has not been used. 3. Ballots, on which the voter’s name is not stated. 4. Those on which the name of a person who has no qualifications for election, is inscribed. But, in the case of a “ scrutin de liste,” such a ballot shall have effect with respect to such of the persons named therein as do possesss those qualifications. 5. Those on which either the name of the voter or that of the person voted for cannot be deciphered on account of erroneous characters used, stains, erasures, or injuries. It is otherwise when the ordinary kana characters are used, or when the name, though formed of wrong characters, may be clearly recognized. 6. Those in which words other than those specified in the second clause of Article XXXVIII. are written. But it is not the same when the official rank, profession, class and residence of the person voted for, have been added, so that there might not be mistake of identification, or when titles of respect have been used. Article LII.— When any doubt arises as to the validity of a ballot, the Chairman of Election shall decide, after having heard the opinion of the election Committee. Against this decision no objection can be raised at the election meeting. Article LIII. — Those ballots that are void shall be crossed across, and the circumstances shall be recorded in the minutes of election. Such ballots shall be presel’ved for a year, and at the expiration of that time shall be destroyed by fire. 28 THE CONSTITUTION OF JAPAN. Aeticle LIV. — When a ballet contains more than the fixed number of names of persons to be voted for, the names in excess of the fixed number shall be struck off, commencing with the last. When a “ scrutin de liste ” contains less than the fixed number of names, only those actually put down upon it shall be counted. In case the name of one person is written twice, it shall be counted as one vote. Article LV. — Ballots shall be preserved for sixty days in the Gun, Shi, or Ku Office, but shall be destroyed by fire at the expiration of the said period. Article LVI. — When, concerning an election suit, either a criminal accusation or indictment has been brought, the ballots shall be preserved until the settlement of the case, without any regard to expiration of the periods mentioned in Article LIII. and in Article LV. Article LVII. — The Chairman of Election shall make minutes of the election, in which shall be recorded all matters relating to the inspection of the election, and shall preserve them after putting his signature and obtaining those of the members of the Election Committee to them also. CHAPTER IX.— ELECTED PERSONS. Article LVIII. — The individual Avho has obtained a relative majority of the total number of ballots shall be declared the elected person. When the number of ballots is equal, the individual the senior in point of birth shall be declared the elected person, and when the dates of birth are the same, it shall be decided by drawing lots. Article LIX. — When the elected persons have been settled, the Chairman of Election shall at once communicate his or their names and the number of his or their ballots to the Governor of the Fu or Ken. Article LX. — Upon the receipt of the communications mentioned in the preceding Article, the Governor of the Fu or Ken shall give notice to each of the elected persons, and shall notify their names throughout the district under his jurisdiction. Article LXI. — Upon the receipt of notice of election, every elected person shall communicate to the Governor of the Fu and Ken, as to whether he accepts it or not. Article LXII. — Any individual who has been declared elected in several election districts, shall upon the receipt of the notice of election communicate to the Governor of the Fu or Ken which election he accepts. Article LXIII. — Those elected persons shall be considered to have declined their election who, being then within the respective Fu or Ken, have not made the communication of acceptance vuthin ten days, or who, being then out of the respective Fu or Ken, have not made such communication within twenty days. Article LXIV. — When an elected person either declines the election or does not send in the communication of acceptance of election within the fixed period, the Governor of the Fu or Ken shall fix the date of election, and cause the respective Chairman of Election to hold a new election. But in the case mentioned in the second clause of Article LVIII, should any individual, who has been declared an elected person by the drawing of lots, either THE CONSTITUTION OF JAPAN. 29 decline or fail to send in tlie commimication of acceptance, the other person, who has lost the election by the said drawing of lots, shall be declared the elected persons. Article LXV. — When it has been settled who are the elected persons in every election district, the Governor of the Fu or Ken shall give them certificates of election, and notify their names throughout the extent of his jurisdiction. He shall then report thereon to the Minister of State for Home Affairs, with the statements of the qualifications of the elected persons. CHAPTEE X.— TERM OF MEMBERSHIP AND SUBSTITUTIONAL ELECTIONS. Article LXVI. — The term of membership shall be four years. After the expiration of their term. Members may again accept election. Article LXVII. — When, upon the occurrence of a vacancy among Members, the Minister of State for Home Affairs orders the Governor of the respective Fu or Ken to hold a substitutional election, the latter shall cause an exiraordinary election to be held in the respective election district for the election of a substitutional Member, within twenty days from the day on which he received the order of the said Minister of State. Article LXVIII. — The term of substitutional membership shall correspond to that of the predecessor. CHAPTER XL— REGULATION OP VOTING PLACES. Article LXIX. — The Chocho or Soncho charged with the management of voting shall maintain order at the voting place, and, in a case of necessity, may deliver an offender to the police authorities to be dealt with by them. Article LXX. — No person carrying w’eapons or arms is permitted to enter a voting place. Article LXXI. — No person, who is not an elector, is permitted to enter a voting place. Article LXXII. — At a voting place it is forbidden to make speeches, to engage in discussions, to cause an uproar, or to use persuasion for the votes of other people. Article LXXIII. — When any person disturbs the order of a voting pfece, the Chocho or Soncho shall give him warning, and, when the warning is disregarded, shall cause him to leave the voting place. Article LXXIV. — A person, who has been compelled to leave a voting place, may, unless he has become an offender against law, again be called therein for the purpose of voting. Article LXXV. — When any of the electors assembled at a voting place transgresses either the provisions of the Criminal Law or the punitive rules of the present Law, he shall be forbidden to vote, and his name and the circumstances shall be recorded in the minutes of the election. Article LXXVI. — As to the decision of the Chocho or Soncho on a dispute relating to an election, no objection against it can be raised at the voting place. Article LXXVII. — Any person who requests admission to an election meeting held at the Gun, Shi, or Ku Office charged with the management of election, shall be treated by the Chairman of Election according to the provisions set forth in the five Articles from LXIX to Article LXXIII. 30 THE CONSTITUTION OF JAPAN. CHAPTER XII.— LAW SUITS ABOUT ELECTION. Article LXXVIII. — When a person who lias lost an election considers that there is sufficient reason to make void the election of the person in the respective election district, he may institute a suit in a Court of Appeal against the elected person, within thirty days from the day of the notification of the name of the elected person as mentioned in Article LXV. No suit brought after the expiration of the above mentioned period shall be entertained. Article LXXIX. — The plaintiff shall, simultaneously with the filing of his petition, deposit as security in the Clerk’s Bureau of the Court of Appeal three hundred yen in cash or Public Bonds of equal value. Article LXXX. — In case the judgment has been given against the plaintiff, should he fail to pay the whole amount of the legal costs within seven days from the day on which the judgment was delivered, the security money shall be appropriated for the purpose, and should there still remain any deficiency, the required amount shall be charged to the plaintiff. Article LXXXI. — In case two or more than tw'o plaintiffs have brought a suit against one and the same elected person, the Court of Appeal may deliver judgment to all the plaintiffs by one and the same document. Article LXXXII. — Should the House of Representatives be ordered to dissolve while the trial is going on, the Court of Appeal shall dismiss the suit. Article LXXXIII. — When the plaintiff withdraws his suit, he shall give public notice of the fact though the medium of a newspaper or by some other method. Article LXXXIV. — In trying a suit about an election, a Court of Appeal may directly deliver judgment on those offenders against the Criminal Law or the present Law, who are connected with the suit at issue. In this case, however, the Public Prosecutors must be present. In case he is not connected with a suit about an election an offender against the present Law shall be tried in the Criminal Court having jurisdiction over him. Article LXXXV. — When a suit about an election is decided in a Court of Appeal, a copy of the judgment shall he sent to the Minister of State for Home Affairs ; and on the opening of the House of Representatives, another copy shall be sent to the President thereof. Article LXXXVI. — Against the judgment of a Court of Appeal on a suit about an election, an appeal may be made for revision to the Court of Cassation. Article LXXXVII. — An elected person, who is the object of suit, shall not lose the right of a seat in the House of Representatives, pending the final decision of the Court of Law. Article LXXXVIII. — In connection with a suit about an election, in all matters not provided for in the present Chapter, the process of ordinary legal proceeding shall be followed. CHAPTER XIII.— PUNITIVE RULES. Article LXXXIX. — Any person, who has effected the insertion of his name in the electoral list by fraudulently falsifying the amount of his tax paid, his age, residence, or any other facts necessary for the qualifications of an elector shall be liable to a fine of not less than four yen and of not more than forty yen> THE CONSTITUTION OP JAPAN. 81 Article XC. — Any person, who either directly or indirectly, has given or has promised to give an elector money, goods, notes, or public or private employment, mth the object of obtaining a vote for himself, of enabling another person to obtain the same, or of pre- venting the elector from voting for another person, shall be liable to a fine of not less than five yen and of not more than fifty yen. The same rule applies to the person who has received such gift or promise. Article XCI. — Any person, who has either obtained a vote for himself, or has enabled another person to obtain the same, or has prevented an elector from voting for another person by either directly or indirectly giving or promising to give the elector money, goods, notes, or public or private employment, shall be dealt with according to the provision of Art. 234 of the Criminal Law. Any person who has voted or who has refrained from voting in consideration of such gift or promise shall be dealt with in a like manner. Article XCII. — Any person who has done violence to an elector with the object of obtaining a vote for himself, or enabling another person to obtain the same, or of preventing an elector from voting for another person, shall be sentenced to a minor confinement with- out hard labour of not less than one month and of not more than six months, with a fine of not less than five yen and of not more than fifty yen. Article XCIII. — Any person who, by doing violence to an elector, has obtained a vote for himself, or enabled another person to obtain the same, or has prevented the elector from voting for another person, shall be liable to be sentenced to a minor confinement without hard labour of not less than three months and of not more than two years, with a fine of not less than ten yen and of not more than a hundred yen. Article XCIV. — Whoever assembles a crowd of people for the purpose of either intimidating electors, of causing disturbance at a voting place or at an election meeting, or of detaining, damaging, or plundering a ballot-box, shall be liable to be sentenced to a minor confinement without hard labour of not less than six months and of not more than two years, with a fine of not less than ten yen and of not more than a hundred yen. Whoever knowingly joins such a crowd and adds to its influence, shall be liable to a minor confinement without hard labour of not less than fifteen days and of not more than two months, with a fine of not less than three y