United States. Dept. of Commerce and Labor United States. Bureau of Foreign Commerce.

Consular reports, Issues 224-227 online

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official organization or a reduction of the fixed number of officials.

(4) When their retirement is required by the necessity of business arrangements
in the respective offices.

As for cases coming under clauses i and 2 mentioned above, the period of tem-
porary retirement shall be coextensive with the time they are in the hands of either
a disciplinary committee or of judges. Three years shall be the period of tempo-
rary retirement for cases coming under 'he remaining two clauses.

In the meanwhile, the officials on the temporary retirement list shall be entitled
to one-third of the full pay.

Th€ civil-service disciplinary regulations.

Excepting officials requiring personal appointment by the Emperor or those offi-
cials for whom special provisions exist, all other civil officials shall not be subject
to disciplinary punishment, unless in accordance with the present regulations, cases
under which civil officials are liable for disciplinary punishments being as follows:

(i) When they have acted contrary to or neglected their official duties.

(2) When, whether in connection with the discharge of their official duties or
otherwise, they have committed acts calculated to impair official prestige or credit.

Disciplinary punishments shall be of three forms, namely, dismissal, reduction
of salary, and reprimand. (Resignation by instruction, yushi menkan, is also in-
cluded in the existing disciplinary regulations, but this has been struck out in the
new regulations.) The rate of reduction of salaries has been somewhat increased.
Whereas the existing provisions put the minimum and maximum limits at one-
tenth of one month's salary and three months' full salary, respectively, the new
regulations provide that the reduction shall be one-third or less of the monthly pay
for a period varying from one to twelve months.

All the disciplinary affairs of civil officials, excepting those of special classes,
shall be dealt with in the future by the higher disciplinary committee where officials
involved are those of chokunin or sonin rank, and by the ordinary disciplinary
committee where officials of hannin rank are concerned. The higher disciplin-
ary committee shall consist of one chairman, to be filled by a privy councilor, and
of six commissioners, to be appointed from among the president and chokunin
judges of the administrative litigation court, chokunin judges of ordinary courts of
law, and other civil officials of the same rank. On the other hand, an ordinary dis-
ciplinary committee shall be established at all the important central and local
offices, namely, the cabinet, privy council, departments of state, Formosan Govern-
ment, board of audit, administrative litigation court, metropolitan police board,
prefectural offices, Formosan local offices, House of Peers' office, and House of Rep-
resentatives* office.



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NEW LAWS IN JAPAN. 677



NEW LAWS IN JAPAN.

Mr. Herod, secretary of the legation at Tokyo, sends, under date
of April 10, 1899, translations of recent laws relating to the duties of
consular officers and to the arrest and detention of mariners of for-
eign vessels, as follows:

LAW RELATING TO CONSULAR DUTIES.

Article I. Restrictions with regard to matters in the treaties especially relating
to the rights of consXilar officers shall, within limits prescribed by law, be fixed by
ordinance.

Art. II. When provisions of law are wanting in regard to matters relating to
the duties of consular officers under the treaties, in cases where such provisions of
law are required, they shall be determined by ordinance.

Art. III. Consular officers and others who, in accordance with this law, are per-
forming consular functions shall perform their duties in harmony with the provi-
sions of the laws and treaties.

Such officers, however, may conform to the usages founded on international
• law or to the special usages of the place of residence.

When the preceding clause can not be observed, special regulations may be
fixed by ordinance.

Art. IV. When the date of the operation of a law in foreign countries is not
fixed, the date of the operation of said law shall be fixed by ordinance.

Art. V. The limits of jurisdiction relating to the duties of consular officers shall
be fixed by notification.

Art. VI. Consular officers, who by treaty in usage have authority to exercise
consular judicial powers, shall perform their duties relating to civil and criminal
cases and to registration in harmony with Articles VII and XIII.

Art. VII. With respect to the duties mentioned in the preceding article, con-
sular officers may, within limits not opposed to the law, treaty, or usage, perform
the functions of a district or local court of justice.

Art. VIII. Consular officers can not conduct atrial for a major criminal ofifense.
In minor criminal cases, a preliminary examination is not necessary.

Art. IX. The trial of cases of major criminal offenses, the preliminary examina-
tion of which has been conducted by a consular officer, shall belong to the juris-
diction of the Nagasaki district court.

Art. X. When diplomatic correspondence is necessary relating to a case belong-
ing to the jurisdiction of a consular officer, the Minister for Foreign Affairs may
order the consular officer not to take jurisdiction and may cause the accused to be
placed in a prison of the country.

In the case mentioned in the preceding clause, the Minister of Justice shall, when
the case falls within the province of a district court, cause the public prosecutor
of the Nagasaki court of appeal to apply to that court to appoint the place of trial;
and when the case belongs to the province of a local court, he shall cause the pub-
lic prosecutor of the Nagasaki district court to apply to that court to determine
jurisdiction.

Art. XI. With respect to the petition and trial mentioned in the preceding arti-
cle, the provisions of Article XXXIII of the law of civil procedure shall be applied.

Art. XII. Appeal from a decision in a case tried by a consular officer belonging



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678 NEW LAWS IN JAPAN.

to the scope of a district court shall be made to the Nagasaki court of appeal. Ap-
peal from the decision in a case tried by a consul which falls within the scope of a
local court shall belong to the jurisdiction of the Nagasaki court.

Art. XIII. A consular officer may cause a member of his consulate or a police
officer to act in the capacity of public procurator or clerk of court. When there is
no suitable person to serve in the capacity of clerk of court as provided in the pre-
ceding clause, the consular officer may select some Japanese subject residing within
the district of his jurisdiction to perform the duties of clerk temporarily.

Art. XIV. A consular officer may cause a member of his consulate or a police
officer to perform the duties of public undertaker.

The person who executes the function mentioned in the preceding clause may,
on his own responsibility, specially intrust the performance of the duties to another
suitable person.

Art. XV. Any person who desires to act in the capacity of counsel or attorney,
except in accordance with the provisions of law, must receive the permission of the
consular officer.

Art. XVI. The provisions relating to contempt of court usually applied to courts
of law shall not be applied to consular officers or others performing their duties in
accordance with this law.

Art. XVII. In case there is no person to perform the duties mentioned in Arti-
cles XIII and XIV, the Minister of Foreign Affairs may^dispatch an official from
another consulate in the same country to perform the said duties.

Art. XVIII. A person who is not a consular officer can be appointed by ordi-
nance to perform the duties of such officer, as set forth in the provisions of this or
other laws, only in a place where there is no consulate established.

Art. XIX. The terms *' consul or consular officer" as used in this law and other
laws designate consuls or their deputies who are not honorary consuls.

Art. XX. Provisions necessary for the enactment of this law shall be fixed by
ordinance.

Art. XXI. The regulations of consular courts in China and Korea shall be
abolished from the date of enforcement of this law.

LAW RELATING TO ARREST AND DETENTION OP MARINERS OF FOREIGN VESSELS.

Article I. Assistance in the arrest or detention of mariners of foreign vessels,
as provided for in the treaties of navigation and commerce and consular conven-
tions with the various treaty powers, shall be given by the public prosecutor on the
application of the proper consular officer.

Art. II. In the following cases, the public prosecutor can not comply with the
request for assistance in arrest or detention:

(i) When the person to be arrested or detained is a Japanese subject.

(2) When the person is under trial for a major or minor criminal offense in Japan
or undergoing punishment therefor.

(3) When a mariner has already been released according to Article VIII and ap-
plication is again made on the ground of the same offense.

(4) When the consular officer does not include with the application a correct copy
of the ship's register and the list of names of mariners or a certified document suf-
ficient to identify the mariner.

(5) When the consular officer will not guarantee the costs connected with the
assistance.

Art. III. The public prosecutor, upon receipt of an application from a consular
officer for the arrest or detention, if the request appears to be a proper one, shall
comply with the same immediately.



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JAPANESE COMMERCIAL MUSEUM. 679

Art. IV. When the publiQ prosecutor orders the arrest of a mariner, he shall
issue a warrant of arrest.

Art. V. The person to whom the order for the execution of a warrant of arrest
is given shall, when the arrest is made, deliver (the person) to the public prosecutor
who issued the warrant of arrest.

Art. VJ. In the case mentioned in the preceding article, the public prosecutor
shall immediately inspect the person, and, when it appears that he is without doubt
the person designated, shall deliver him to the consular officer.

Art. VII. On application from the consular officer, the mariner who has been
arrested shall be put in prison by the order of the public prosecutor.

Art. VIII. A mariner who has been detained shall, on the application of the
consular officer, be released; or he may be released if within six months from
the day of arrest no application has been received for his delivery.

Art. IX. In regard to the issuance and execution of a warrant of arrest, the
provision in the law of criminal procedure respecting warrants of arrest shall be
applied.

Art. X. Application shall be made by the public prosecutor to the proper con-
sular officer for the amount of actual expense connected with the assistance.

Art. XI. The public prosecutor shall, on receipt of an application for assistance
in arrest or detention, immediately report the. same to the Minister of Justice; like-
wise when the request appears to be one that can not be complied with, it shall be
reported to the Minister of Justice on the completion of the proceedings.



JAPANESE COMMERCIAL MUSEUM.

Consul-General Gowey, of Yokohama, on April 18, 1899, for-
wards copies of the new regulations of the Imperial Commercial
Museum, an institution under the control of the Department of
Agriculture and Commerce of the Japanese Government. The ob-
jects sought to be attained by the museum, says the consul-general^
are of the same nature as those of the Philadelphia Commercial
Museum.

The regulations read:

REGULATIONS OF THE IMPERIAL COMMERCIAL MUSEUM OF THE IMPERIAL DEPARTMENT
OF STATE FOR AGRICULTURE AND COMMERCE.

Article I. Samples of the following articles of commerce shall be placed on
exhibition in the mus«um:
(a) Home products,
(i) Staple commodities of export.

(2) Articles capable of future exportation.

(3) Articles to compete with imported commodities.

(4) Raw materials of industry.
(i) Foreign products.

(i) Articles serving as models for home manufactures.

(2) Articles competing with Japanese products in foreign markets.

(3) Articles apprehended as future competitors with our export commodities.

(4) Articles commanding large sales in foreign markets, imported thereto from
other countries, and capable of being manufactured in this country.



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68o JAPANESE COMMERCIAL MUSEUM.

(5) Staple commodities of import.

(6) Articles promising future importation.

(7) Raw materials of industry.

Art. II. Besides those specified in the preceding article, samples and models of
patents, registered designs, and trade-marks forwarded from the imperial patent
office shall be placed on exhibition.

Art. III. The museum authorities will accept, in accordance with the rules
provided for the purpose, and provided there is no special reason to the contrary,
exhibits on loan or donations from Japanese and foreigners of the articles enumer-
ated in Article I, and a space shall be set aside for such exhibits in the respective
departments classified under Article V.

Art. IV. In the case of articles of an explosive, combustible, or otherwise in-
jurious nature, only the covers used for packing may be placed on exhibition.

Art. V. Exhibits will be classified and arranged in the following six depart-
ments: Agricultural products, forestry products, aquatic products, mining products,
manufactures and patents — each of which is subdivided into several groups.

Art. VI. An official catalogue will be published from time to time, for distribu-
tion to those interested therein.

Art. VII. Explanation in regard to the articles on exhibition will be given to
any visitor applying for same.

Art. VIII. The museum authorities will be in correspondence with commer-
cial, industrial, and educational museums and schools at home and abroad, and
will exchange printed matters as well as exhibits.

Art. IX. Any person desiring to purchase an exhibit will, on application, l>e
referred to the exhibitor. In such case, the museum authorities will not be held
responsible for any difference arising from the transactions thereof.

Art. X. When any information is requested in connection with an article on
exhibition, as to its market price, freight charges, customs duty, wholesale price,
quantity available, credit obtainable on the goods, etc., the same will be furnished
after due investigation. In special cases the expense (if any) required for such in-
vestigation shall be paid by the applicant for information.

Art. XI. An application to ascertain the demand for any article newly manu-
factured, and to have same introduced to a possible purchaser, shall, after due
investigation, be complied with, provided that the applicant shall defray any ex-
pense occasioned by such investigation.

Art. XII. An official bulletin shall be published by the museum, which will
contain the home and foreign correspondence, reports, and other matters connected
with foreign commerce.

Art. XIII. Those who are desirous of obtaining the bulletin shall send their
names, addresses, and subscriptions to the publishing office; in special cases, it
may be furnished free of charge.

Art. XIV. A reading room shall be provided in connection with the museum,
where industrial and commercial reports and statistics, maps and charts, books of
reference, the Official Gazette, and detailed statements of patents, designs, and
trade-marks, together with newspapers and magazines, shall be kept for the use of
visitors.

Art. XV. Applications of exhibitors for the prohibition of sketching, drawing,
photographing, or otherwise reproducing articles placed by them on exhibition
may be complied with and enforced.

Art. XVI. Visitors shall be admitted free of charge.

Art. XVII. Strict observance of the rules and regulations of the museum is
required of visitors.

Art. XVIII. The museum will be daily open to the public — except on those



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JAPANESE COMMERCIAL MUSEUM. 68l

days specified in Article XIX — during the following hours, subject, however, to
special closing or change of hours:

From January 8 to February 28, 9 a. m. to 3 p. m.

From November i to December 24, 9 a. m. to 3 p. m.

From March i to July 10, 8 a. m. to 3 p. m.

From September 11 to October 31, 8 a. m. to 3 p. m.

From July 11 to September 10, 8 a. m. to 2 p. m.

Art. XIX. The museum shall be closed on the following days: The day follow-
ing national holidays, from January i to 7, from December 25 to 31.

REGULATIONS RELATING TO THE EXHIBITION OF ARTICLES IN THE IMPERIAL COM-
MERCIAL MUSEUM.

Article I. Any person desiring to exhibit articles in this museum must present
to the museum authorities an application, accompanied by an inventory and de-
tailed statement of each article, written in Japanese, English, German, or French,
in accordance with the forms annexed herewith. When several articles not of
kindred nature are to be sent in by one exhibitor, they must be properly classified
before being sent.

Art. II. After due examination, the museum authorities will communicate to
the applicant the suitability or otherwise of his articles for exhibition.

Art. III. As early as possible after receiving the notice of approval, the article
or articles must be forwarded, securely packed.

Each package must be marked ''commercial samples," and addressed to the
*' Imperial Commercial Museum, Department of State for Agriculture and Com-
merce, Tokyo," with the name and address of the exhibitor appended thereon.

Art. IV. The exhibitor must prepare a list of his exhibits and place the same
in the package containing them. He shall be entitled to a receipt for the articles
so forwarded, provided they conform in number and quality with the articles ap-
proved under Article II. In case of disparity or damage thereto, the same shall
not be accepted for exhibition.

Art. V. Exhibitors may at any time change a portion or whole of their ex-
hibits, or have them returned, while the museum authorities may notify an exhibitor
to withdraw or change any or all of his exhibits when deemed necessary so to do.

Art. VI. Any exhibits recognized to be of special importance or benefit may be
purchased by the museum authorities.

Art. VII. Exhibits may be accompanied by tables showing their yearly pro-
duction and sales, and by trade-marks and covers generally used for packing them.

Art. VIII. The choice of location for the display of exhibits shall be determined
by the museum authorities alone.

Art. IX. Care taking for the exhibits may be undertaken by the museum au-
thorities, or by the exhibitors or their agents if such are located in Tokyo; in that
case, the address of such care takers must be communicated to the authorities at
the time of forwarding the exhibits.

Art. X. Exhibitors may undertake, by consent of the authorities, to arrange
their own exhibits; and, when deemed necessary, the museum authorities may
notify the exhibitors so to do.

Art. XI. Exhibitors are required to defray only the packing expenses and
freight charges to and from the museum; all other expenses for arranging exhibits
shall be borne by the museum, and under special circumstances freight charges
may also be defrayed by same.

Art. XII. For exhibition of specially valuable articles the museum authorities
may, when deemed necessary, pay rent for same.

Art. XIII. Exhibitors may, by consent of the authorities, place special decora-
tions around their exhibits, or place them in decorated cases, at their own expense.



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682 JAPANESE COMMERCIAL MUSEUM.

Art. XIV. In the absence of special conditions as mentioned in Articie XI, any
package for which freight charges have not been prepaid shall not be accepted. If
the sender of such package is not known, the museum authorities shall have power
to deal with it according to their discretion.

Art. XV. The museum authorities shall take proper precautions for the safe
preservation of all exhibits, but shall in no way be held responsible for damage,
stain, or loss caused by water, fire, robbery, or any other unavoidable cause.

Art. XVI. When the applications for space for exhibits become too numerous, or
when otherwise deemed necessary, the museum authorities may temporarily de-
cline to receive or arrange exhibits.

Art. XVII. In regard to exhibition of machineries, only small articles shall be
accepted for the present.

APPENDIX.



Form of application.



Date



To the Imperial Commercial Museum,

Department of State for Agriculture and Commerce.
I (or we), the undersigned, do hereby apply for permission to exhibit on loan
(or io present) the articles specified in the accompanying inventory — and appoint
(name and address) as agent — in conformity with the regulations of the museum.

Signature ,



Address .

FORM OF INVENTORY.

(i) Name of article and quantity.

(2) Nature and quality thereof and measurement.

(3) Shape, color, and design.

(4) Price.

{a) Retail price.

(b) Wholesale price at the place of production.

(f) Wholesale price after being landed in this country.

(5) Period to be exhibited.

(6) Disposal of the exhibit after the period has expired (return to owner, sale, or
presentation to this or other commercial museum).

Form of detailed statement.*
(i) Place of production.

(2) Name of producer, manufacturer, or manufactory.

(3) Materials used in the manufacture and their respective places of production.

(4) Quantity annually produced at that establishment.

(5) Quantity annually sold.

(6) Percentage of discount (if any) for wholesale trade.

(7) Address of business ofllces (head office, branches, and agents).

(8) Places where each article is in demand.

(9) Social class of principal customers.

(10) Seasons (if any) when chiefly required and when chiefly produced.

(11) Cost of packing (per ton).

(12) Freight charges (per ton, from the place of production to Yokohama or
Kob6).

(13) Time occupied in transportation.

(14) Export duty (if any) and other charges.

(15) Amount of subsidy or other aid, if any.

(16) Any other useful particulars.

• As a copy of this statement is intended to be placed on view with the exhibit to which it refers,
jtems of information which the exhibitor does not desire to make public must each be clearly marked
*not to be made public," and will accordingly be omitted from the copy for exhibition.



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CULTIVATION OF TOBACCO IN THE PHILIPPINES. 683



COPPER AND BRASS IN JAPAN.

Consul-General Gowey writes from Yokohama, under date of
April 24, 1899, to a Pittsburg Company:*

The customs returns show that during the year 1898 there were
imported into Japan 224,941 pounds of copper plates, sheets, and
rods, valued at ^{29,243, and 93,925 pounds of yellow-metal sheath-
ing, valued at $9,970. What proportion of rods were included in
the foregoing, the returns do not indicate.

Under the heading of exports, copper sheets and plates do not
appear; but of refined copper there were shipped abroad during last
year 35,709,650 pounds, mostly in the shape of slabs and ingots,
valued at $3,553,245. Exports of manufactures of brass, at the same
time, were valued at $9,856.

The efforts made to produce sheet copper in Japan, I am in-
formed, have not been encouraging, and the press has lately re-
ported the failure of one of the largest concerns in this line of trade
at Osaka. Japanese copper, while of fine appearance, has produced
much dissatisfaction as sheathing on vessels — salt water destroying
it in a very short time. An American vessel was sheathed at this
port with Osaka copper purchased from a prominent Tokyo firm
during the past year, and in about two months thereafter the metal
was discovered to be entirely eaten through in so many places that
its removal was made necessary, and Muntz metal substituted.

For the latter article, or its equivalent, there is undoubtedly a
growing market in the Orient.

The American Trading Company and the China and Japan Trad-
ing Company at this port can doubtless furnish more precise details
concerning the trade in these metals.



CULTIVATION OF TOBACCO IN THE PHILIPPINES.

I have noticed that the American newspapers generally have
taken what seemed to me an unusual amount of interest in my re-
port on "Tobacco in the Philippines," published in the Consular
Reports No. 222 (March, 1899), p. 451. Since then, I have obtained
additional information on this subject, which I trust will be received
as supplementary to what I have already written. In the first report



Online LibraryUnited States. Dept. of Commerce and Labor United States. Bureau of Foreign CommerceConsular reports, Issues 224-227 → online text (page 80 of 92)