5
September 24, 1904.]
BAD JAPANESE JUDGES,
(Daily Press, 20th September.) Foreign traders with Japan, both inside and outside the country, have constantly inveighed against the commercial dishonesty of the Japanese. Nipponophil visitors, meeting the denunciatious, as they frequent ly did, with indignant disclaimers, were answered with citation after citation of breaches of contract, and of sharp practices indulged in with effrontery. The enthu- siastic admirers of Japan and the Japanese, finding the ground of their incredulity ruthlessly removed from under them. were glad to see in Japanese history an excuse for what they were bound to regard as a regrettable state of things. The Japanese of an earlier generation was brought up with a soul above dollare. The filth of lucre was no mere figure of speech. Bushido included the snobbish sentiment that a Japanese gentleman should touch no metals but those of which his weapons were made Ergo, the Japanese who did handle money were no gentlemen. From these low-class people the present commercial folk were descended. Thus heredity was responsible for the modern commercial dishonesty of Japan. Of course it does not hold water, that reasoning, but we have seen it seriously advanced. The chief thing, however, is that the consensus of foreign opinion is and has been against the business integrity of the Japanese. To a cautious and reasonable mind, not involved in trade, knowing other nations, and that "it takes all sorts to make a nation," the allegation seemed too sweep- ing to be just. Yet if Japan, by the Japanese is to be believed, the indictment is true enough. It is a book officially intended to make the world see Japan as Japan sees itself, having just been simultaneously published, by authority, in Great Britain, the United States, France, Germany, Italy, Holland, Norway and Sweden. Baron SHIBUSAWA therein admits a low standard of commercial morality. "Laws may be improved; but the barrier of a bad morality is by far stronger than that of bad laws." Count OKUMA, in another chapter, and on a different subject, speaks of the lack of a moral standard. These, and other passages, almost induce the suspicion that the exag- gerated politeness of the Oriental, taking shape as it notoriously does in silly self- depreciation, has led the writers into efforts to see themselves as some of the Westerns see them. But the various authors of the book are all men of affairs; high authorities on their respective themes: we are obliged to accept their representations. The ques tion then arises whether the right remedy has been detected. Of course the mis- sionaries know what should be done. "Tis religion, and religion only, can supply the cure. Baron KENTARO KANEKO, however, has the bad taste to think that their parti- cular brand of panacea "is not what JESUS of Nazareth taught, but a mongrel system, a concoction of a little of obsolete Judaism, of Egyptian asceticism, of Greek sublimity, of Roman arrogance, of Teutonic supersti- tions, and in fact of anything sauctioning the wholesale slaughter of weaker races, or now and then the lopping of crowned heads." As for the old gods, the Japanese, full as they are of badly digested KANT, and SPENCER, and other philosophers, have grown a little ashamed of them. They must have been suffi- ciently unbalanced before by the necessity of choosing between the Buddhist missionaries and their
CHINA OVERLAND TRADE REPORT.
thrown open. It needed only a little obser- vation of the conduct of the strangers within their gates, and a few translations of the works of advanced thinkers from without, to throw them into their present state of unfaith in all that is not material, political, and utilitarian. In spite of that, how ever, it is not correct to say that there is no generally accepted standard of ethics. Of ethics in Japan there is enough and to spare, and we are inclined to the opinion that Japan is not in any immediate need of conversion in this respect. Nay, we are bold enough to believe that Japan has the capacity and the will for putting precept into practice, in a measure perhaps beyond the ken of some other nations. Her laws as coded are in themselves a wholly sufficient system of ethics, and we have previously recorded our opinion that the Japanese are essentially law-abiding people, carrying patriotism (not Jingoism) to the point of religious fervour. What more is required? Why, in face of that, should their standard of commercial morality be lower than that of other nations? We hope to be forgiven if we, following up the suggestion of HERBERT SPENCER himself, venture to express a doubt as to its being really so. Has SPENCER not, in the collection of essays published not long prior to his death, shown that all
men are rogues, and proved it by the laws they make themselves as safeguards one against another? The carefully drawn-up contracts between master and man, buyer and seller, are they not presumptive evidence that "the party of the one part" and "the party of the other part" regard each other as unworthy of trust? So our English, American, Ger- man, French, and other "standards of commercial morality" amount to a belief that every man will cheat if he can, and that he must be bound under specifically defined penalties to be honest, and carry out his obligations. As we have said, the Japanese have an admirable set of laws, eclectically obtained from the evolved product of the best European jurisprudence; and the penalties that should protect those doing business under Japanese jurisdiction are not a-wanting. The answer must be sought from those who administer the laws, and here, we think, the finger is laid upon the secret of Japan's shortcoming. Her judges are bad, notoriously bad! We do not allege dis- honesty so much as gross incapability. With very rare exceptions, the Japanese judge is unfit, for his place. We have been told, and have seen sufficient to make us believe, that a really capable man of law prefers to wear the cap of the advocate to that of the judge. The judicial salaries paid in Japan are absurd. The result is that callow youths, drawing salaries on a par with those of some of the clerk or banto witnesse, sit to deliberate and decide
cases involving amounts it would take them years to earn. The Japanese have a reputation for their attention to detail. In the case of the Japanese SOLOMON, it is generally irrelevant detail upon which he focuses his observation.{ The result is that "the law's delay" is in Japan observable in excelsis, and the verdict in the end scarcely worth waiting for, except as something to laugh at (supposing you be not a party to the suit). There is no need to mention instances, but we may quote one recent ruling. A petty tinker of some kind, in front of whose tiny workshop an electric supply wire closely passed, had the brilliant inspiration to connect it with one of his tools. Promptly sued by the electric supply company, he was given a verdict on
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The solution we have suggested in so simple, that it will probably not be accepted as an adequate remedy for the evil com- plained of. Great events, however, have oft from little causes sprung; and we are con- vinced that the bad business reputation of the Japanese is co-existent with the bul personnel of the Japanese Bench, and that the improvement of one will see the dis appearance of the other.
A LOST PRESTIGE.
(Daily Press, 21st September.) *Russia could not conceivably have cut a sorrier figure than she has done in the present war with Japan, if she had surren÷ dered at discretion in its earliest stages. She has not lost the battle yet, as experts account things; but to all intents and pur- poses she has lost more than even a long sequence of victories could possibly restore. She has utterly lost prestige; and since much blood and money is not counted too dear a price to pay for that hardly defined asset, aud she has paid the price for nothing, it is evident that Russia is left like the person in OTHELLO-poor indeed," with war chest displenished and good name gone. When we look back over the last seven short but eventful months, and recall the thoughts of the first two months of the year, it is a little difficult to assure our- selves that what has happened, has happen. ed. Much of the anxiety, and lingering hope that war might be averted, was occa. ioned by sympathy for and admiration of Japan. At the most, and with great luck, Japan was to hold the Russian giaut in check until a decent excuse could be found for intervention. Russian opinion, as we now know, was that Japan would not have the presumption to fight one of the world's greatest military powers. Then, while we were still talking pros and cons,, and trem- bling for the future of foolhardy Japan, events began to tread on the heels of events, until, lost in the whirl of them, our ideas were, all inverted willy-nilly, without con- scious volition on our parts. Japan had struck a shrewd first blow, and gained the moral effects of it. Russia-mighty Russia -amazed us by crying out that "she wasn't looking" and that Japan was treacherous and cowardly. It was as disconcerting to the onlookers as the seing of a strong man weep. The world smiled at Japan's temerity, and thought that the bantam would yet have its comb pierced. On the water, however, there was no sign of a reversal of things. Russian prestige began to wane, as Russian officials began to lie. Undoubtedly they lied, and when subse quent events verified Japanese versions, the world blushed again for the strong man weeping. He bleeds, he bleeds, and denies the wound, covering it with a maid's kerchief." Still, the land fighting was to follow. Our estimate of Russia could not be quite erroneous. Surely here she must vindicate herself? As if in answer to our u spoken thought, Russia herself explained that these previous incidents were not to cunt. They were trifles. Presently she would sinct a terrible reparation. Then came the affair of the Yaln, costing us, for some hours, our faith in the newspapers. It was, we thought, impossible that the Russians could have retired so soon from such strong positions, which they had had ample time to prepare, while Japan had not reached the river without difficulties rivalling those experienced by Britain in the earlier stag
of
Own priests, and the fairly res- the ground that electricity is not a market- | of the Boer war. "Russia's excuse, when the
pectable compromise they managed was shattered by the multiplicity of creeds that buzzed in upon them when the country was
able commodity, and so could not be dis- honestly appropriated! That is history, and recent history.
truth of the reports could ɔna, longer. denied, was that the occupation of thất position was quite a mistake. --A small boy
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