Papers Relating to the Foreign Relations of the United States, With the Annual Message of the President Transmitted to Congress December 7, 1909

File No. 1518/289–290.

Minister Rockhill to the Secretary of State.

[Extract.]

American Legation,
Peking, February 20, 1909.

No. 1113.]

Sir: In continuation of my dispatch No. 989, of August 28, 1908,¹ bearing on constitutional reform in China, I have the honor to transmit herewith a translation of the regulations for the local self-government of cities, towns, and villages, approved by the Throne in the edict of January 18 last. (See my dispatch No. 1093, of January 26, 1909.)

It is to be noted that according to the program of reform sanctioned on August 27, 1908 (see my dispatch No. 1005, of September 12, 1908²), these self-government regulations are to be put into force during the current year.

I have, etc.,

W. W. Rockhill.

[Inclosure.—Translation.]

regulations for the local self-government of cities, towns, and villages.

(Sanctioned by the imperial edict of January 18, 1909.)

I.— General principles.

1. Name and theory of “self-government.”

(1) The main object of self-government is the management of those local matters which affect the common welfare in such a way as to assist government officials; it is carried out by reputable literati, elected in accordance with fixed rules and subject to the supervision of the government officials.

2. Territorial delimination of cities, towns, and villages.

(2) In each prefecture, independent subprefecture, department, and district the city itself, with its immediate environs, shall be known as the “city.” Among towns, villages, and hamlets a population of 50,000 or more shall constitute a “town” (chen), while a less population shall constitute a village (hsiang).

(3) The limits of cities, towns, and villages shall remain as they always have been. If the boundaries are not clear or if defining of boundaries is necessary, the local official shall, with care, make such delimitations and report them to the provincial authorities for authorization. If changes in the boundaries are subsequently called for or if disputes arise, the city, town, or village council shall prepare a statement of the case and submit it to the general council (i shin huei) of the prefecture, independent subprefecture, department, or district for settlement.

(4) If, on account of changes in the population, it shall hereafter come about that a town shall come to contain less than 45,000 or a village more than 55,000 persons, the board of supervisors (tung shih huei) of the town, or village supervisor (hsiang tung) shall request the provincial authorities to alter the status of the same to that of a village or town, as the case may be.

3. The limitations of self-government.

(5) Those matters properly coming within the cognizance of self-government may be enumerated as follows:

(a) The educational affairs of the city, town, or village, i. e., the middle and primary schools, the kindergartens, educational societies, the offices for spreading education (ch’uan hsueh so), the lecture bureaus (hsuan chiang so), the libraries, the newspaper reading rooms, and other projects connected with educational affairs.

(b) The public welfare of the community, i. e., the cleansing of the thoroughfares, sanitation, public dispensaries, hospitals, and medical schools, parks, antiopium institutions, and other matters of that character.

(c) Work on public thoroughfares, the alteration and improvements of the same, the laying out of roads and streets, building of bridges, making of drains, the erection of public buildings, street lighting, and other similar undertakings.

(d) The agricultural, industrial, and commercial interests of the community, the improvement of vegetable, animal, and aquatic products, manufactures, technical schools, industrial exhibits, the improvement of manufacturing methods, the regulation of commerce, the opening of marts, the protection of agriculture, the improvement of irrigation and land, and similar projects.

(e) Works of merit undertaken by the community, aid to the poor, aid and protection to widows, aid to children, distribution of clothing and food, public accumulations of grain, teaching of trades to the poor, life-saving institutions, fire-fighting organizations, famine relief, supplying coffins and graves to the poor, the preservation of ancient landmarks, and other works of merit.

(f) Public undertakings, i. e., electric railways, electric-lighting plants, waterworks, and other similar undertakings.

(g) The providing of funds for the undertakings above mentioned.

(h) Other matters of public character which have been intrusted satisfactorily to the control of the literati in times past.

(6) Among the matters mentioned above in the first six clauses are some that come under the control of the National Government exclusively and not within the province of self-government.

(7) Each community shall devise a detailed scheme for the management of the above matters for itself, provided that in no way shall there be any infraction of the present regulations or of laws passed hereafter.

Penalties provided for in the local regulations shall be limited to monetary fines and the curtailment of voting privileges. Fines shall not exceed $10 in amount and temporary disenfranchisement shall not extend over more than five years.

4. The machinery of local self-government.

(8) Cities and towns shall create the following bodies in connection with local self-government:

(a) A council (i shih huei).

(b) A board of supervisors (tung shih huei).

(9) Villages shall create the following in connection with self-government:

(a) A council (i shih huei).

(b) A supervisor (hsiang tung).

(10) When it happens that a city, town, or village comes within the jurisdiction of two districts, or of a district and an independent department, there is no need to create an additional council, etc.

(11) When a city or town shall be so large that its inhabitants shall number 100,000 or more, its area shall be subdivided, and in each subdivision a division supervisor (ch’s tung) shall be created who shall have Chargé of self-government in the said subdivision. Detailed regulations for his guidance shall be drawn up later.

(12) When the population of a village is so small that the number of its votes is not at least 10 times the smallest possible number of the members of its council it may not create self-government bodies for itself alone, but shall be incorporated with a neighboring city, town, or village under the same territorial jurisdiction. But if circumstances render this inadvisable a village supervisor (hsiang tung) shall hold office and the village body of voters shall take the place of the village council.

(13) When two villages shall have to take joint action on any matter of mutual interest they shall create a joint council to decide with regard thereto.

(14) The place of meeting of the city, town, or village council and of the city or town board of supervisors and of the village supervisor shall be in the city, town, or village council hall. This council hall may be located in a public building or in a temple.

5. Residents and electors.

(15) All residents, whether permanently or temporarily, of a city, town, or village, shall be voters therein, without regard to their being natives or not, or Peking bannermen, or members of Manchu garrisons. All residents shall be entitled to the benefits of the community and subject to its requirements.

(16) The residents of a city, town, or village must have the following qualifications in order to vote:

(a) They must be Chinese citizens.

(b) (c) They must have resided in the community for at least three consecutive years.

(b) (b) They must be at least 25 years of age.

d) They must contribute annually in the way of taxes (finding its way ultimately to the board of revenue or to the provisional treasury) or in the way of voluntary contribution to some enterprises of common benefit the sum of at least $2.

Persons of good character and reputation may be endowed with the franchise even if not possessing qualifications (c) and (d)

Also, any person contributing more in regular revenue or voluntary subscription to enterprises of public benefit than any other voter shall have the right to vote, even if not possessing qualifications (b) and (c).

(17) Persons under any one of the following disabilities, even if possessing qualifications (a) and (c) of the preceding paragraph shall be debarred from voting:

(a) Persons of proven bad character and intimidating habits.

(b) Persons guilty of any more serious offense than the above.

(c) Persons of disreputable pursuits, concerning which more specific regulations must be drawn up.

(d) Persons accused of financial wrongdoing and not yet cleared.

(e) Opium smokers.

(f) Insane persons.

(g) Illiterate persons.

(18) According to these regulations a voter of a city, town, or village may both vote and be voted for.

Persons who possess qualifications (c) of paragraph (16) and are entitled to vote, if unable to exercise this privilege in person, may do so by proxy. The proxies must posses qualifications (a) and (b) of paragraph (16) and must not fail in any of the requirements of paragraph (17).

(19) The following may not vote for nor be elected as members of self-government bodies:

(a) Persons holding official position at the time.

(b) Persons serving as soldiers.

(c) Persons serving as policemen.

(d) Buddhist priests or religious instructors of other creeds.

(20) Persons studying in schools may not stand for election.

(21) Those elected to self-government offices may not refuse the said office nor resign during their term of office unless for one of the following reasons:

(a) Serious illness incapacitating them for holding office.

(b) Important affairs necessitating change of residence.

(c) Arrival at an age of 60 years and more.

(d) Completion of three continuous terms of office.

(e) Other reasons approved of by the city, town, or village council.

(22) Persons who, not having any of the above reasons, shall refuse office when elected, may be punished by the city, town, or village council with from one to five years’ disbarment from voting.

II.— City, Town, and Village Councils.

1. Number of members and length of term.

(23) City and town councils shall have 20 members each. Cities and towns of more than 55,000 inhabitants may add on additional members at the rate of 1 member for each 5,000 inhabitants above 55,000 until there are 60 members.

(24) Village councils shall have members in proportion to the size of the population in the following ratios:

Under	2,500	6	members.
Under	5,000	8	members.
Under	10,000	10	members.
Under	20,000	12	members.
Under	30,000	14	members.
Under	40,000	16	members.
Above	40,000	18	members.

(25) The members of the council shall have the privilege of voting. Separate regulations shall be drawn up to govern this. Fathers and sons and elder and younger brothers may not serve simultaneously as members, and if elected sons and younger brothers shall refuse to serve.

No person may serve as a member whose father, son, or brother is a member of the board of supervisors of the city or town or who is a village supervisor in the city, town, or village where he is elected.

(26) City, town, and village councils shall elect chairmen and vice chairmen from among their number by a system of unsigned ballots. Detailed regulations must be drawn up later.

(27) Members shall serve for two years, half the number being elected annually. If all are elected simultaneously, half shall go out of office at the end of a year. The selection of those whose terms are to be one year shall be done by lot, and if an even division is impossible the greater number shall be reckoned as the half referred to.

(28) Chairmen and vice chairmen shall be elected for two years.

(29) Members, chairmen, and vice chairmen may serve continuous terms.

(30) If for any causes more than one-third of the members have vacated their offices there shall be a new election to fill said vacancies.

(31) On the vacating of his office by the chairman the vice chairman shall take his place, and on the vacating of his place by the latter an election shall be held to fill the vacancy.

(32) Members elected to fill a vacancy shall hold office during the term for which they were elected.

(33) Members, chairmen, and vice chairmen shall be unsalaried. An allowance for necessary expenses shall be made to the chairman and vice chairman, the size of which being determined by the board of supervisors or the village supervisor.

(34) Each council may engage correspondence and general secretaries whose number and salaries shall be fixed in separate regulations. These officers need not be qualified voters and shall be appointed by the chairman and vice chairman.

(35) In villages there shall be no settled number for members of the council, but the total number of voters shall be held to constitute the council. A chairman and vice chairman shall be elected from among the voters, and their tenure of office and reelection shall be subject to the restrictions imposed in paragraphs (28) and (29), and in case of vacancies occurring the provisions of paragraph (31) shall be put in effect. The provisions of paragraph (33) with regard to remuneration and allowance for expenses shall hold good for these offices.

2. Functions of members.

(36) Matters that will be left to the decision of city, town, and village councils are as follows:

(a) All those affairs of the city, town, or village coming within the province of self-government.

(b) The creation of a set of self-government laws (i. e., a constitutional charter) regulating the self-government of the city, town, or village.

(c) The finances of the local self-government body, the preparation of its budgets, and the provision for its extraordinary expenses.

(d) The drawing up of the annual financial statement of the self-government bodies.

(e) The method of raising funds to meet the expenses of self-government. (/) The management of finances connected with self-government.

(g) The settlement of disputes arising out of elections.

(h) The fixing of penalties for offenses on the part of members of the council.

(i) The amicable settlement of lawsuits carried to local yamens.

(37) When a decision with regard to any matter has been made by the council, the chairman and the vice chairman shall inform the local official of the said decision and shall then communicate it to the board of supervisors or the village supervisor for execution.

(38) The council shall exercise the function of electing the board of supervisors, or the village supervisor and the assistant supervisor, as the case may be, of supervising their actions, their correspondence, and their accounts.

(39) When the local officials inquire of the council with regard to any matters the council shall reply immediately, stating its own opinion regarding the same.

(40) The council shall communicate to the local officials its ideas on matters connected with local administration and self-government and await their decision with regard thereto.

(41) If the council shall consider that the actions of the city, town, or village board of supervisors, or supervisor, as the case may be, are in excess of their legitimate powers or detrimental to the public interests, or in contravention of the law, it shall communicate with the said board of supervisors, or said supervisor and veto said actions. If the objectionable course of action is persisted in, the council shall communicate with the general council of the prefecture, independent subprefecture, department, or district, that common action may be taken in the matter. If the dictum of the general council is not obeyed, the local officials shall settle the matter, and if the obstinate course of action is still persisted in, the local officials shall ask the viceroy or governor to request action on the part of the provincial assembly.

(42) The village body of voters shall be governed by the laws regulating councils.

3. Council meetings.

(43) Each council shall meet once a quarter, in the second, fifth, eighth, and eleventh moons, respectively, and each council meeting shall extend over 15 days, which period may be extended by the chairman of the council, for the purpose of concluding unfinished business, by not more than 10 days. Special sessions shall be held for the discussion of special business under instructions from the local officials, or at the request of the board of supervisors, or the village supervisor, or on the vote of at least one-third of the members. Notice of each session must be sent to the members of the council by the board of supervisors or the village supervisor at least 10 days before the date set for the session. But this need not be done in the case of special sessions

(44) If for any reason the chairman can not serve at any session the vice chairman shall take his place, and if he, too, can not serve, the members shall elect an acting chairman.

(45) The presence of at least half of the members shall be necessary for the transaction of business.

(46) The assenting or dissenting vote of half or more of the members present shall be a deciding vote. In case of a tie vote the chairman shall cast the deciding vote.

(47) The members of the board of supervisors and the village supervisor shall attend council meetings and express their ideas, but they shall be without votes.

(48) Members of the council shall not prevent their discussions from being made public, except that if there are urgent reasons the chairman of the council shall clear the chamber of spectators.

(49) When a matter closely connected with any member of the council, or with his parents or brothers, comes up, said member shall not be permitted to vote on said matter. If the chairman or vice chairman shall be under this disability, the provisions of paragraph (44) shall be complied with. If any matter brought up for settlement shall thus effect half or more of the members so that they may not vote thereon, the chairman shall refer it to the general council of the prefecture, etc., for settlement, or to the council of a neighboring city, town, or village.

(50) If any member during a meeting of the council shall not conform to the rules thereof the chairman shall interdict him from active participation, and persistence in his course of action shall render said member subject to expulsion. If disturbance arises so that the holding of a council meeting shall be impracticable the chairman shall suspend such meeting for the time being.

(51) Onlookers not conforming with the rules of the council shall be excluded by the chairman.

(52) The rules governing the council meetings and the conduct of onlookers shall be drawn up by the members of the council.

(53) The meetings of the village voters shall be governed by the rules of the village council.

III.—City and Town Boards of Supervisors.

1. Number and term of office of members.

(54) City and town boards of supervisors shall elect the following officers:

(a) A chairman (tsung tung); 1, 2, or 3 official members (tung shih); 4 to 12 nonofficial members (ming yu tung shih).

The number of official members of the board of supervisors shall not exceed one-twentieth of the number of the members of the council, and the nonofficial members shall not exceed in number two-tenths.

(55) From among the voters the council shall elect a first and second choice for the office of chairman of the board of supervisors. The local official shall submit the names of these two candidates to the viceroy or governor, who shall designate one to the office in question.

(56) The official members of the board of supervisors shall be elected by the council and their election shall be authorized by the local official.

(57) The nonofficial members shall be elected by the council from among the voters.

The elections provided for in paragraphs (55), (56), and (57) shall be conducted in accordance with rules to be drawn up later.

(58) The chairman and members of the board of supervisors shall hold office for two years.

(59) The nonofficial members of the board shall hold office for two years, one-half of their number being elected annually. When all are elected at one time half shall hold office for one year, the provisions of paragraph (27) being complied with.

(60) The chairman and members of the board shall draw salaries as fixed by the regulations therefor. The nonofficial members shall not draw salaries.

(61) All the members of the board shall be subject to reelection, and may hold office during successive terms.

(62) Officers of the board of supervisors may not simultaneously hold office in the council. Members of the council when elected to the board of supervisors shall resign from the former. Fathers and sons and elder and younger brothers may not simultaneously hold office in the board. When elected thereto the provisions of paragraph (25) shall be complied with.

(63) If the chairman of the board of supervisors for any reason can not perform the duties of his position the oldest member of the board shall take his place. If there shall be two whose ages are alike the one who has lived in the city or town the longer shall receive the post. In case of similarity in this respect also determination shall be by lot.

(64) If the official and nonofficial members to the extent of half or more of the total number shall vacate their posts elections shall be held to fill the vacancies.

(65) The terms of office of those elected to fill vacancies shall conform with the requirements of paragraph (32).

(66) When it is necessary for some one to be appointed to perform a special duty said appointments shall be made by the chairman and need not be made from among the voters, but the nomination must be approved by the board. Detailed rules must be drawn up later.

(67) The creation of officers to manage the correspondence, finances, and other interests of the board of supervisors shall be left to the detailed rules which must be drawn up hereafter. The above officers shall be appointed by the chairman, not necessarily from among the voters, or the corresponding officers of the council may be given these additional duties, as circumstances shall warrant.

2. Duties and authority.

(68) The functions of the board of supervisors shall be as follows:

(a) Supervision of the election of members of the council and the presentation of matters for their consideration.

(b) The execution of such measures as may be determined upon by the council.

(c) The execution of the laws, rules, and regulations, or the commands and commissions of the local officials.

(d) The adoption of methods for the performance of the above.

(69) If the board of supervisors shall observe that the actions of the council are in excess of its functions, legitimately, or that they contravene the law, or are detrimental to the public interests, it shall be their duty to call such facts to the attention of the council for reconsideration.

If the course of action is persisted in they shall communicate the circumstances to the general council of the prefecture, etc., for settlement. Continued persistence shall be dealt with as provided for in paragraph (41).

(70) The chairman shall direct all the actions of the board and all its official correspondence shall be issued in his name.

(71) The chairman shall be assisted by the officers of the board in their respective departments in his official duties.

(72) The nonofficial members shall assist in the transaction of those matters coming before the board.

3. Meetings of the board of supervisors.

(73) The board of supervisors shall convene once a month. Five days previous to each meeting the officers of the board shall inform the members of such matters as are to be brought up before the board at the said meeting.

(74) The chairman shall preside at meetings. If he is unable to perform this duty the provisions of paragraph (63) shall be complied with in the choice of a substitute.

(75) Two-thirds of the members of the board shall be a necessary quorum for the transaction of business. The meetings shall be conducted in accordance with the provisions of paragraph (46). The officers appointed to special duty shall always be present at the meetings when their services are required.

(76) During meetings of the board the members, the chairman, and the vice chairman of the council shall attend and give their opinions, but they may not vote.

(77) The members of the board may not take part in the discussion of any matter affecting the members of their family. If the chairman of the board comes under this restriction the provisions of paragraph (74) shall be complied with. If two-thirds or more of the members and nonofficial members of the board shall come under this restriction the matter in question shall be referred to the council for settlement.

(78) All proceedings of the board must be reported to the council and local official for record.

IV.—Village Supervisors.

1. Number and term of office.

(79) Each village shall have one supervisor and an assistant supervisor, elected by the voters and the council and authorized by the local official.

(80) No man may simultaneously hold the above two offices, and if a member of the council is elected to either, the provisions of paragraph (62) shall be complied with. The provisions of paragraph (25) shall be complied with in cases where father and son are simultaneously elected to these two offices.

(81) The term of office for the village supervisor and the assistant supervisor shall be for two years, and they may hold office during successive terms.

(82) The salaries of these two officers shall be determined by the regulations.

(83) When the supervisor can not perform the duties of his office, the assistant shall take his place.

(84) If both officers vacate their posts, the vacancies shall be filled by election.

(85) Deputies for special work shall be appointed by the village supervisor from among the voters or otherwise and authorized by the council.

(86) Secretaries, accountants, etc., shall be appointed by the supervisors and their salaries shall be fixed by the regulations. The above officers need not be voters; if circumstances warrant, the similar officers of the council may perform these duties in addition to their own.

2. Duties and powers.

(87) The duties of the village supervisor shall be as fixed by paragraphs (68) and (69).

(88) The village supervisor shall himself determine his course of action in regard to those matters coming in his jurisdiction.

(89) The assistant supervisor and the various officers shall assist the village supervisor.

V.—Provision for the Expenses of Self-Government.

1. Various sources of funds.

(90) The funds for the maintenance of self-government in cities, towns, and villages shall de derived as follows:

(a) Public revenue and income from public property.

(b) Public subscriptions.

(c) Fines collected in accordance with the regulations.

(91) Public revenue and public property shall be such as heretofore has been controlled by the literati and gentry for the community. If the city, town, or village has not heretofore been possessed of such public revenue or property, or if the same is insufficient, the council shall designate certain revenues or properties for the purpose, and such action shall be authorized by the local officials.

(92) Public subscriptions shall be classified under two heads, as follows:

(a) Additional subscriptions.

(b) Specific subscriptions.

Additional subscriptions shall be such as are made as part of the regular official taxes. Those which are especially collected under other names shall be known as specific subscriptions. Class (a) shall not exceed one-tenth of the regular taxes collected by the local official.

Corvees or payments in kind when tendered as specific contributions shall be assessed at an equitable valuation.

(93) The plans on which it is proposed to levy contributions for public work shall be submitted to the council, which shall obtain the authorization of the local official. Changes in and abolition of these subscriptions shall be made by the council and authorized by the local official.

2. Control and collection.

(94) The control of money subscribed for public purposes shall be exercised by the board of supervisors, or the village supervisor, along lines indicated by the council.

(95) Such public revenues and public property as has been contributed by private individuals for specific purposes shall not be devoted to other uses. If the method of expenditure indicated, however, has been changed or abolished in accordance with regulation this restriction shall not be effective.

(96) Additional subscriptions collected by the local official in accordance with law shall be handed over in a lump sum to the board of supervisors or the village supervisor. Specific contributions shall be collected by the board of supervisors or the village supervisor in accordance with a proclamation issued by the local official.

(97) Absentee owners of real estate or commercial concerns shall contribute pro rata for the public benefit.

3. Budgets, statements of accounts and audits.

(98) The board of supervisors or the village supervisor shall annually prepare budgets of the estimated receipts and expenditures for the following year and submit the same in the 11th moon to the council during its meeting for its ratification. After said authorization, in addition to complying with the provisions of paragraph 37, the local official shall submit the budget to the viceroy or governor for record and it shall also be published.

(99) In addition to the funds appropriated for regular expenses a contingent fund shall be provided for to meet any unusual demand. If this contingent fund proves insufficient, however, no other funds shall be appropriated without the authorization of the council.

(100) The board of supervisors or the village supervisor shall annually prepare a statement of the previous year’s receipts and expenditures and submit the same for authorization to the council during its meeting in the second moon. After said authorization the provisions of paragraph 98 shall be complied with.

(101) Supervision of the receipts and expenditures shall be exercised in two ways as follows:

(a) Regular auditing.

(b) Irregular auditing.

Regular auditing shall be made monthly by the chairman of the board of supervisors or by the village supervisor as the case may be.

Irregular auditing shall be made at least once annually by the chairman of the board or the village supervisor, in conjunction with the chairman and assistant chairman of the council and at least one other member thereof.

VI.—Directing Self-Government.

(102) The self-government officials shall severally be under the direction of the appropriate local official. If the said local official sees that the present regulations have been transgressed in any particular he shall correct the fault. He may call for reports on the actions of the self-government officials, demand to see their books, make personal investigations, etc. He may at stated times report the nature of the self-government officials actions to the viceroy or governor, which reports shall be collected and submitted to the board of the interior. If the city, town, or village concerned shall be in the jurisdiction of two districts, or of a district and an independent department, the two magistrates or the magistrate and the department magistrate shall exercise joint control.

(103) The local officials shall have the power of petitioning the viceroy or governor of the Province to dissolve the city, town, or village council, or the city or town board of supervisors, or to discharge the village supervisor, or any other official connected with self-government. After such dissolution or discharge new elections shall take place in accordance with the regulations, the reelections for the council and the board of supervisors taking place within 2 months and 15 days, respectively, of the date of dissolution. A new village supervisor shall be chosen within 15 days of the dismissal of the former incumbent.

If the council and board of supervisors of a city or town, or if the village council and the village supervisor shall simultaneously be dissolved and dismissed, within two months of said events a new council shall be created and the arrangements for the election and for the opening of the council shall be attended to by the general board of supervisors of the prefecture, independent subprefecture, department, or district. The board of supervisors or the village supervisor shall be elected within 15 days after the election of the new council.

VII.—Penalties.

(104) If any officer connected with self-government organization shall be guilty of accepting bribes or of embezzlement, he shall be compelled to make restitution in full and shall also be punished in accordance with the law.

(105) If any officer connected with self-government shall not prove amendable to the control of the local official, said local official shall obtain the authorization of his superiors having jurisdiction for taking measures accordingly.

(106) If any member of the council, or any other official of the board of supervisors, shall make use of his official position to interfere in matters not connected therewith, he may be forbidden attendance at the session of the body of which he is a member for a period not less than 3 days nor more than 10.

For the same offense the chairman of the board of supervisors, the official members of the board, and the village supervisor shall be punished by the stoppage of the offender’s salary for a period of not less than one-half month nor more than two months. For very serious offenses the penalty may be loss of office.

VIII.—Forms of Correspondence.

(107) The council, the board of supervisors, and the village supervisor in addressing the local official shall use the form prescribed for addressing superiors (ch’eng). In communication with each other and with the general council and general board of supervisors the form used shall be that adopted between equals (chih huei). The local officials in communicating with the council, etc., shall use the form adopted by superiors to inferiors (yü). The council, etc., in communicating with the provincial assembly shall use the form prescribed for inferiors to superiors (ch’eng), and the latter shall use the form prescribed for equals (chih huei).

(108) The council, etc., shall prepare wooden seals, whose form shall be authorized by the viceroy or governor and made by the local official under his instructions. When completed the local official shall report the same to his superior for record.

IX.—Supplementary Paragraphs.

(109) These regulations shall go into force at the time set in the nine-year program.

(110) Those things which in these regulations are left to the general councils and general boards of supervisors of the prefectures, independent subprefectures, departments, and districts shall, before the creation of these bodies, be performed by the local officials.

(111) Changes and alterations in these regulations shall be proposed by the council to the provincial assembly. The provincial assembly shall submit the same to the viceroy or governor, who shall forward them to the board of the interior, which shall submit them in a memorial to the Throne for sanction.

(112) The manner in which these regulations shall be put into operation shall be determined by the viceroy or governor and forwarded to the board of the interior for record.

[Translation.]

regulations governing the elections to be held in cities, towns, and villages.

(Approved by the Throne in an imperial edict of Jan. 18, 1909.)

I.—General Principles.

(1) The qualifications for voting and for office shall be as set forth in the local self-government regulations.

(2) The elections for the council shall be managed by the board of supervisors or the village supervisor and the assistant village supervisor, while the elections for the latter shall be managed by the former.

(3) Election officers shall be appointed by the chairman of the council or the chairman of the board of supervisors from among the local self-government officers.

II.—Election of the Council.

1. Date of elections.

(4) The chairman of the board of supervisors or the village supervisor shall set some day each year, at least three months previous to the occurrence of the vacancy which it is desired to fill, for the election of the members of the council.

2. Order of elections.

(5) The electors shall be divided into two classes. The first class shall be composed of those voters contributing the most in taxes or subscription to the public welfare, provided that the total amount of the taxes and subscriptions of the members of this class must be 50 per cent of the entire amount derived from the whole body of voters.

All other electors shall constitute the second class.

(6) If the qualifications of a voter are such as to warrant his assignment to either class, the first or the second, he shall be included in the first class. In case of the necessity of a choice between two or more voters of similar qualifications the older of the two shall be included in the first class. In case of a similarity of age, also, the decision shall be by lot.

(7) Half of the members of the council shall be elected by each class of electors and the candidates elected need not be of that class by which they were elected. If there is an uneven number of members of the council the odd number shall be elected by the first class of voters. If the total number of electors of class 1 is not equal to the number of members of the council which the first class is supposed to elect, each elector shall elect one member, and the remainder shall be elected by the voters of the second class.

3. Register of voters.

(8) When it comes time for an election the chairman of the board of supervisors or the village supervisor shall appoint an official to make a register of qualified voters. No one not included in this register shall exercise the franchise or be elected to office. Special note must be made in this register of all those persons who according to law are qualified voters but may not hold office. The detailed rules for the making of the register shall be made by the board of supervisors or the village supervisor.

(9) Of every man there should be recorded the name, age, native place, length of residence locally, and the annual amount of taxes and subscriptions paid by him.

(10) The register of voters should be completed and in the local government offices two months before the election. It should also be published.

(11) During 20 days the board of supervisors or the village supervisor may correct errors and omissions on the presentation of adequate evidence. On the expiration of this term no application will be received. Emendations of the register shall be sent immediately to the council for authorization.

(12) The council shall take definite action on emendations within 10 days If the change is authorized it shall be made by the board of supervisors or the village supervisor.

(13) After the closing of the register no one may vote in supplementary elections during that year whose name is not included therein. The register shall be in the custody of the chairman of the board of supervisors or the village supervisor.

(14) Copies of the register shall be made and deposited for reference with the local official at the polling place, and at the place where the count of votes is made.

(15) When the register is published a circular should also be published setting forth the following facts:

(a) Date of holding elections.

(b) The polling and counting places.

(c) Method of voting.

The elections shall be held during two days, class 2 of electors voting tho first day and class 1 the second day.

4. Polling places.

(16) The elections shall be held in the self-government building, and if the size of the building and the number of voters render it advisable a number of booths shall be made.

(17) The election shall be under the Chargé of officers appointed by the chairman of the board of supervisors or the village supervisor.

(18) No one but election officers and voters may enter the polling places.

(19) Polls shall be open from 8 a.m. to 6 p.m., and no one may enter after the closing hour.

(20) When the voting has been completed the election officers shall hand over the ballots in the ballot boxes to the office of returns and report fully on the incidents of the election. This report shall also be made to the chairman of the board of supervisors or the village supervisor.

(21) Detailed regulations governing voting shall be drawn up by the board of supervisors or the village supervisor.

5. The record of voters, ballots, and ballot boxes.

(23) The chairman of the board of supervisors or the village supervisor shall prepare a record of those who vote, and shall, 10 days before the election, prepare and deliver at the polling places blank ballots and ballot boxes of the form determined upon.

(24) The record of those voting should contain the name, age, native place, and place of residence of each individual.

(25) The above record should separately record the two classes of voters.

6. Method of voting.

(26) The names of those voting should be written in the record, and no one else shall vote.

(27) Voting must be done in person, except that those expressly excepted by paragraph (18) of the self-government regulations may send proxies, provided that proper proof is submitted to the election officers.

(28) Ballots shall not be given out until the voter has signed his name in the correct place in the record.

(29) Each voter shall be provided with one ballot only.

(30) On the ballot shall appear the name of the man voted for, and the name of the voter shall not appear.

(31) At the end of the ballot, in the place provided, the voter shall state what good record the candidate has had in previous positions and what commonly acknowledged excellencies he has. The voter shall also record the candidate’s official rank, his place of residence, and his business, but no other remarks shall be made.

(32) Voters when in the polling places shall hold conversation with no one but the election officers and then only on matters connected with the voting.

(33) When he has registered his vote each voter shall immediately retire.

(34) Impostors and breakers of the voting regulations shall be expelled by the election officers.

7. Returns offices.

(35) The returns office shall be established in the self-government building.

(36) The returns office shall be composed of officers appointed by the chairman of the board of supervisors or the village supervisor to have direction of the opening of the ballots.

(37) On the next day after the voting the ballot boxes having all been turned in, the same shall be opened by the chairman of the board of supervisors or the village supervisor in the presence of the public. The time set for this operation shall be announced in advance.

(38) Voters shall be permitted to witness the opening of the ballot boxes, but if the former are too numerous the election officers may admit only certain individuals.

(39) On the next day after the count the officers in charge thereof shall make a full report thereon to the chairman of the board of supervisors or the village supervisor. The ballots, regular and irregular, shall within the year of the election be sent to the board of supervisors or the village supervisor for filing.

(40) The provisions of paragraphs (21) and (22) shall apply to the returns offices.

8. Method of counting the ballots.

(41) The ballots should be compared with the voting record and any discrepancies in the way of numbers, failure to vote, etc., should be clearly set forth.

(42) Irregularities that will be held to invalidate ballots shall be as follows:

(a) Lack of conformity to the legal form.

(b) Illegibility.

(c) Use of other than the regular ballots.

(d) Votes for persons not in the register of voters.

(e) Votes for persons not qualified to stand for office.

9. Confirmation of elections.

(43) Those receiving the greatest number of votes shall be held elected, and the sequence of the elected shall be determined by the number of votes received. In case of tie votes precedence shall go to the elder, and in case of similar ages as well the chairman of the board of supervisors or the village supervisor shall determine the sequence by lot.

(44) When the results of the election are authoritatively known they shall be published and the chairman of the board of supervisors or the village supervisor shall notify the successful candidates.

(45) The office must be accepted within five days of the notification of election thereto; failure to comply with this requirement shall be taken to mean nonacceptance of the post.

(46) If one man is elected by both classes of voters he shall within five days of receiving notification designate which office he desires to hold. Failure to comply with this requirement will be taken to indicate refusal of office.

(47) Cases of refusal of office as stated above shall be treated as provided in paragraphs (21) and (22) of the local self-government regulations.

(48) Elected candidates shall be reported by the chairman of the board of supervisors or the village supervisor to the local official, who shall issue certificates of election and also report the names to the viceroy or governor for transmission to the board of the interior.

10. Invalidating of elections.

(49) The following are circumstances invalidating elections:

(a) Falsification of the entry of the names of all the candidates in the register, if said falsification is well established.

(b) Irregular conduct of the election, if publicly admitted to have been the case.

(c) Stopping of the election in accordance with law.

(50) The following are circumstances annulling the election of individuals:

(a) Refusal of office.

(b) Resignation from office.

(c) Death.

(d) Irregular manner of election if said irregularity be proven.

(e) Falsification of returns, if proven.

(f) Loss of necessary qualifications, if proven.

(g) Removal of name as a punishment.

(52) New elections shall be held on the termination of terms of office, but if at any time one-third of the members shall have vacated their posts said vacancies shall be filled by election. If elections are determined to be invalid, new elections shall be held, also, and if the election of a particular member shall be held invalid the vacancy shall likewise be filled by electing a new member.

(53) In filling vacancies the vacancies that have longer to run shall be filled by those receiving the greater number of votes, and in case of tie votes the determination shall be made by age, and in case of similarity of age, also, the chairman of the board of supervisors or the village supervisor shall determine the question by lot.

(54) Elections to fill vacancies as well as new elections shall all be held as provided for by the present regulations.

11. Contested elections.

(55) When the voters recognize the existence of the following conditions, it shall be held that there exist grounds for the contesting of the election in question.

(a) When falsification of the entries of the names of all the candidates in the register is found to have occurred.

(b) When the elections have not been held as ordered by the regulations.

(c) When the elected candidates lack the necessary qualifications for office.

(d) When there has been falsification of returns of ballots.

(e) Loss of necessary qualifications after election.

(56) When the above grounds for protest occur the case shall be referred to the council for settlement. Appeal may then be made to the general council of the prefecture, etc., and thence to the local ofiicial. If there is still no acquiescence in the decision the local authorities may present the matter to the viceroy or governor for reference to and settlement by the Provincial Assembly.

(57) Protest, except in the case mentioned in clause 5 of paragraph (55) must be made within 30 days of the election.

(58) Unsuccessful candidates if convinced of their actual election may avail themselves of the privileges of the above two paragraphs.

III.—Election of Boards of Supervisors.

(59) The chairman of the board of supervisors shall hold office during two years and official and nonofficial members of the board of supervisors for one year. Three months before the date of the election of the board the chairman of the council shall summon the members of the council and shall ask the local official to be present in person or to be represented by a deputy on the day which the said chairman shall designate for the election.

(60) The chairman of the board of supervisors shall be elected by ballot and the candidates receiving votes equal in number to one-third of the members of the council shall be considered elected. The official and nonofficial members of the board of supervisors shall be elected on a ticket and those candidates shall be considered elected who receive votes equal in number to one-third of the members of the council. In the case of tie votes preference shall be given to the oldest candidate and if ages are similar the decision shall be by lot. If the required number of votes is not obtained a new election in the same manner must be held.

(61) When the election for chairman and assistant chairman of the board of supervisors has been held the chairman of the council shall forward a detailed report to the local official for transmission to the viceroy or governor. The latter shall appoint the officers in question and inform them of the fact. He shall also make a report to the board of the interior for record.

(62) In the same way the local official shall be requested to authorize the election of the official and nonofficial members of the board. Otherwise all shall be done as provided for the election of the chairman.

(63) The chairman and members of the board of supervisors shall be furnished with certificates of election by the local official.

(64) The detailed regulations for the election of the board of supervisors shall be drawn up by the council. In case of a contested election the general council shall be appealed to, whence the appeal may be carried to the local official and thence through the viceroy or governor of the Provincial Assembly.

IV.—Election of the Village Supervisor and the Assistant Village Supervisor.

(65) The village supervisor and the assistant supervisor shall hold office during two years. Three months previous to the expiration of their term the chairman of the council shall conduct the election of their successors. The presence of the local official or a deputy shall be requested.

(66) The election shall be conducted as provided for the chairman and assistant chairman of the city and town boards of supervisors, as set forth in the third and fourth clauses of paragraph (60).

(67) When the election is completed the procedure as provided for the installation of members of the board of supervisors shall be followed.

(68) The detailed regulations for these elections shall be drawn up by the council and the provisions of clause 2 of paragraph (64) followed.

V.—Penalties.

(69) For falsification of returns or of the register a fine of not less than $3 / nor more than $30 shall be imposed. Complicity in fraud on the part of the election officials shall be punished by imprisonment of not less than one month nor more than two months, or by a fine of not less than $30 nor more than $60.

(70) For the use of false names in voting, imprisonment of not less than one month nor more than six months and a fine of not less than $5 nor more than $30 shall be inflicted.

(71) For giving and receiving bribes for votes and for complicity in such acts imprisonment of not less than one month nor more than two months or a fine of not less than $30 nor more than $60 shall be inflicted. The bribe or its equivalent shall be confiscated.

(72) For intimidation of voters imprisonment of not less than one month nor more than three months or a fine of not less than $30 nor more than $100 shall be inflicted.

(73) For the carrying of deadly weapons by voters imprisonment of not less than one month nor more than two months shall be inflicted and the weapons shall be confiscated.

(74) For intimidation of election officials or disturbance of the election booths imprisonment of not less than one month nor more than six months and a fine of not less than $5 nor more than $30 shall be inflicted.

(75) For betrayal of information acquired in their professional capacity by election officers, whether the information in question be correct or not, imprisonment of not less than one month nor more than six months and a fine of not less than $5 nor more than $30 shall be inflicted.

(76) For failure to enforce the election rules or for making secret records of votes imprisonment of not less than one month nor more than three months or a fine of not less than $30 nor more than $100 shall be inflicted on election officers. The same penalty shall be inflicted for opening the ballot boxes or abstracting ballots therefrom at unauthorized times.

(77) Any infraction of these regulations shall debar the offender from voting or standing for office for not less than one year nor more than five years.

(78) Offenses against these regulations shall be tried by the local police court (shen p’an t’ing). Prior to the organization of these courts in any locality the local official shall have jurisdiction.

VI.—Supplementary Regulations.

(79) These regulations shall go into effect simultaneously with the local self-government regulations.

(80) Alterations and additions to these regulations shall be made as provided for in paragraph (111) of the local self-government regulations.

(81) The election of officers for the first election of the different councils shall be appointed by the local officials from among the literati.

1. See Foreign Relations, 1908, p. 182.
2. See Foreign Relations, 1908, p. 189.