APPENDIX.
Since the first edition of the “Nightless City� was published in June 1899, many changes tending to ameliorate the condition of prostitutes have been made in the Japanese laws, and the writer believes it may be of more than a passing interest to foreign readers to be presented with a brief digest of the minute regulations at present governing the Yoshiwara in T�ky�.
One word of warning is, however, essential as a preliminary to what follows. Taken as a whole, the rules are apparently well drafted and seemingly just, but let not the reader be deceived by their plausible provisions!
It must be remembered that, in a place inhabited by those whose business is the unholy trade in human flesh and human honour, there cannot be, broadly speaking, much room for benevolent sentiments and deeds of mercy! Be assured that in the so-called “Nightless City,� populated as it is by heartless bestial men and abandoned shameless women, and frequented by bully, habitual criminal, and the scum of creation, no laws or regulations, however wise or humane, can be made completely effective! Notwithstanding all that has been, and is being done, the Yoshiwara is a very inferno of black despair, for it is the common resort of the most wicked and depraved of the male part of the community who hold high carnival within its precincts. Once entrapped in this grave of modesty and virtue—this home of concentrated debauchery and sexual perversion—a woman becomes a virtual slave to the brothel-keepers,many of whom set the law at defiance within the four walls of their unhallowed dens, and, aided by toadying satellites, terrorize and oppress the unfortunate females doomed to spend years of misery with none but shameless libertines and strumpets for their associates! Someone may ask—“If these women have legal rights, why don’t they appeal to the police or to the Courts?� The question is easily answered. Some few do, and out of these a certain number obtain relief; but the majority suffer in silence owing to the very force of circumstances and environment. Most are—naturally—quite uneducated, do not know their rights, and are moreover possessed with a vague indefinable sense of terror which prevents them from making a struggle for independence. Others again, from a false sense of duty towards relatives and friends (who have made themselves liable for debts contracted with the brothel-keepers), refrain from making complaints or raising trouble; and above all, the ancient customs of the quarter die hard and hold the victims in their relentless clutches. The police, from their familiarity with this class of women, are more or less harsh and unsympathetic, and, to crown all, even the Supreme Court of the Empire—to the unspeakable disgrace, of the judges—has decided that debts incurred by prostitutes, although based upon a clearly immoral consideration, are binding upon the women and their guarantors! With the above preface, we will proceed to describe the present system of control in force in the Yoshiwara, which is the largest and most important of the brothel-quarters in the T�ky� Urban Prefecture, and therefore a typical institution.
The general status of persons engaged in the practice of prostitution is defined in detail by Notification No. 44“Regulations for the Control of Prostitutes� issued by the Home Office on the 2nd October, 1900, under the signature of the late Marquis Saigo Tsugumichi, then Minister of State for Home Affairs. This Notification applies to the whole Empire, but various supplementary rules ancillary thereto provide for the control of prostitute quarters in the different prefectures. The regulations prescribe (inter alia) that no female under eighteen years of age can either become a licensed prostitute or pursue her calling until her name has been actually inscribed on a “Register of Prostitutes� (Sh�gi Meib�) to be kept in the Police Station having jurisdiction within the locality, and that all women thus registered are subject to the control of the Police authorities.
In order to safeguard inexperienced applicants as far as possible, females desirous to prostitute themselves are required to appear personally at the Police Station, where they are closely interrogated and warned against taking the fatal step. They are then required to file a document giving full details as to the following matters, viz:—
To further guard against fraud and forgery, the above application must, in every case, be accompanied by:—
The Police may, in the exercise of their free discretion, refuse to enroll any applicant, but, when the application is granted, the woman is bound to submit to a preliminary medical examination at the hands of the physician on duty in accordance with the rules in force in the various administrative districts.
Women who have been prohibited from carrying on business as prostitutes, or giving up the life, have their name obliterated from the Police Registers. In the case of voluntaryretirement, the applicant is, as a general rule, required to attend personally and prefer her request either in writing or orally, but the Police have discretion to dispense with personal attendance if they deem such attendance to be unnecessary under certain circumstances. No person can object to the cancellation of a registration, and any person proved guilty of causing entries to be made in the registers against the will of a woman is punishable with fine or imprisonment.
Once enrolled on the register of prostitutes, the woman’s freedom of action is naturally much circumscribed, as she is neither allowed to exercise her calling except in a licensed brothel, nor to reside outside the district assigned to houses of ill-fame by the various Prefectural Governments. Moreover, she cannot leave the appointed precincts for any purpose other than that of attending at a Police Station, unless, indeed, she has received permission from the police, or is acting in accordance with some law or regulation, or in conformity with some official order. When, however, the local laws allow her freedom within certain fixed limits, the above restrictions are variedmutatis mutandis.
To prevent coercion and unwarranted interference with the private concerns of women inhabiting brothels, Article 12 of the Notification provides that it is unlawful for any person to prevent them from enjoying the rights of free communication and interviews with friends, freely receiving and perusing letters and papers, owning and possessing articles, making purchases, and other rights of personal liberty. Persons infringing these provisions are liable to major imprisonment for a term not exceeding 25 days, or a fine of not exceeding Yen 25 (say U. S. $12.50 or £2 10/- sterling).
All women whose names are inscribed on the Police Registers are obliged to submit to periodical physical inspection, and if found suffering from any contagious disease, or any sickness incapacitating them, they are suspended, under pain of fine or imprisonment, from continuing their business pending treatment and the obtaining of a certificate of complete recovery.
As previously stated, the Police Authorities have discretion in the matter of granting or withholding licenses. Prefectural Governors may either suspend or prohibit the trade of prostitution, and the various Prefectural Governments are empowered to issue further detailed regulations within the scope of the Notification.
Women who were actually engaged in public prostitution when the new regulations came into effect in 1900, were registered without being required to make any of the formal applications hereinbefore mentioned.
There are several penal clauses in the Notification, imposing fines or major imprisonment on persons infringing the various regulations.
Brothels (kashi-zashiki), introducing-tea-houses (hikite-jaya) and prostitutes (sh�gi) are further governed in the T�ky� Urban Prefecture by Notification No. 37 issued on the 6th September, 1900, by the T�ky� Metropolitan Police Board, under the signature of Mr. Ōura Kanetake, Commissary of Police. This Notification, which superseded Notification No. 40 issued in July 1896, provides (inter alia) that brothel-keeping, the keeping of introducing-tea-houses, and public prostitution can only be carried on within the limits of certain quarters (yūkwaku) determined by the Metropolitan PoliceBoard; but an exception to this rule is made in favour of persons who up to the time of the promulgation of the Notification had carried on business outside such quarters, and of the successors (s�zoku-nin) of such persons.
Persons desirous of engaging in the businesses of brothel-keeping or “tea-house-keeping� are required to submit plans and all details of the buildings to the Police, and to obtain a license. The same applies when any change is made in the buildings. As a precaution against accidents, staircases of a certain width have to be provided, and for every 1080 (30 tsubos) feet increase in the superficial area an extra staircase is required. The legal maximum width of these staircases is four feet, and the minimum three feet.
No building can be used until officially inspected, approved, and licensed, and no buildings of three-stories and upwards, calculated to attract the public gaze, can be erected outside the brothel-quarters.
Buildings at present existing are to be made to conform to these requirements upon the occasion of extensive repairing or rebuilding.
Brothel-keepers are only allowed to attend to their own particular business, and are absolutely forbidden, under pain of having their licenses cancelled or suspended, to further engage in the businesses of restaurant-keepers orgeisha(singing girl) keepers. The carrying on of such secondary businesses was stopped on the 1st October, 1900.
Licenses will be cancelled if business is not commenced within three months, or if suspended for twelve months, and all changes of personal status, change of domicile, etc., etc., are to be reported to the Police within three days.
Dancing, singing, music, etc., is forbidden after midnight in brothels and tea-houses outside the actual brothel districts; and such establishments are forbidden to display attractive sign-boards, bright lamps and lanterns, etc., which produce a showy appearance in the road.
Keepers of brothels and tea-houses are bound to provide guest registers (yūkyaku-jin-meib�) and to enter therein a minute description of all guests. These registers have to be stamped by the Police, and if lost or damaged the Police must be notified within three days.
In order to check the movements of employees, brothel-keepers and tea-house-keepers are prohibited from engaging employees who possess no “Employee’s Book� (“yatoinin-meib��), and when engaging or discharging persons, the Police have to be notified, within three days, of the status, domiciles, names, and ages, etc., of such parties.
To prevent secret prostitution in brothels, brothel-keepers are bound to report to the Police, within twenty-four hours, the presence of any woman lodging in their houses.
For the protection of the public, brothel-keepers and “introducing tea-houses� are strictly enjoined; (1) not to force guests to consume food and drink not voluntarily ordered; (2) not to send out touts (kyaku-hiki) or to induce people to dissipate either by means of advertisements or other means; (3) not to harbour persons under age or students and pupils wearing the insignia of schools or colleges; (4) not to conceal the presence of guests or deny persons interviews with guests; (5) not to accept clothes or other articles from guests in lieu of cash payment, or in pledge, except the guest has accompaniedthe keeper to the Police Station, and consented to such transaction in the presence of a Police Officer.
In order to prevent brothel or tea-house keepers from evading responsibility, they are required to obey all instructions given by the Police in connection with the control of their businesses; and they are moreover held personally responsible for the laches and torts of their servants, or members of their household, in regard to business matters.
For the purpose of maintaining public order in the streets of the brothel quarters, the planting of flowering trees and shrubs, organized decorations, and spectacular shows are forbidden unless the sanction of the Police has first been obtained. Outside the quarters the Police absolutely prohibit any public displays connected with the brothels or tea-houses; and in the case of outside brothels the regulations require the rooms to be so screened as to be practically invisible from the public road. Such houses are also forbidden to expose their bedding65to public view.
To protect women from harsh treatment, brothel-keepers are strictly prohibited from treating inmates in a cruel manner, and forbidden to compel them to incur needless expenditure. In case of sickness, the brothel-keepers are bound to provide medicine and medical attendance; and in order that the girls may be made aware of their rights under the law, it is provided that a copy of the regulations shall be posted up in each brothel in a conspicuous place where it can be easily seen and read by all whom it may concern. While the law is thus solicitous for the welfare of the women, they are by nomeans allowed too much license, for the regulations provide that any infringement thereof by the prostitutes shall be notified to the Police by the brothel-keepers obtaining knowledge of such infringement.
For the purpose of localizing prostitution as far as possible, introducing tea-houses are forbidden to allow either guests, public women, orgeisha(singing and dancing girls) to lodge or sleep therein.
To simplify the work of the Police and to ensure a more efficient control over these haunts of vice, the regulations provide for an elaborate system of what might be termed “local self-government,� in which all classes concerned participate in a greater or lesser degree. Article 26 of Notification No. 37 of the Metropolitan Police Board says:—“Brothel-keepers, introducing tea-house keepers, and prostitutes, belonging to each and every brothel-district, shall form a Guild (Kumi-ai) and frame a constitution66therefor. Notice thereof shall be given to the Metropolitan Police Board through the Police Station having jurisdiction, and permission obtained in respect thereto. When the constitution is revised or altered, the same rule applies.�
The Guilds are required to elect a director (tori-shimari) and a vice-director (fuku-tori-shimari), but the Police possess the power of vetoing such appointments, may cancel their approval of appointments, or may order fresh election. Directors of Guilds attend to the collective interests of the members, and are bound to notify the members of all changesin the laws and regulations, and of the purport of any special instructions issued by the authorities.
Articles 30 to 39 (inclusive) of Notification No. 37 deal in detail with the status of prostitutes, and provide (inter alia) that in case of an alteration of the term of service the same must be registered in the Police Station; that no woman may live or practice outside licenced houses; that if she changes her house such change must be notified to the Police under the joint signatures of herself and the keeper of the brothel in which she is presently staying; that changes of residence must be registered at the Police Station; that when a woman removes to a brothel situated in another jurisdiction, the change must be notified through the Police having jurisdiction over her former residence; that all changes of names, status, pseudonyms, fees charged (age-dai), suspensions and resumptions of business must be notified to the Police within three days. The regulations further provide that prostitutes may only hire as servants such persons as are possessed of “Employee’s Books,� and that when employees are engaged or discharged the facts are to be notified to the Police within three days; that they shall submit to certain physical inspections prescribed as necessary to prevent the communication of venereal disease; that they shall not leave the brothel-quarters without official permission, and that they shall respect all special orders of the Police. The women are also forbidden toappearoutside the quarters dressed in a loud or showy manner, or to loiter about in the public road or a place visible from a public road.
Articles 40 to 46 (inclusive) of Notification No. 37 provide for a complete system of control over employees of brothels,tea-houses, and prostitutes. Such persons are required to carry with them pass-books wherein are set down particulars of their service record, and details of any punishments they may have undergone. All the movements of employees are thus known to the Police, who inspect and seal the books from time to time, and who have power to confiscate the books and thus prevent the subsequent employment of persons offending against the regulations. If a book be damaged or lost, application for a new book must be made within three days, and, should the bearer of a book entirely quit his employment, an application for cancellation of the same must also be made within three days.
In case the proprietor of a brothel or introducing tea-house is a minor of less than twelve years, or an incompetent person (kinji-san-sha) his legal representative (h�tei dairi-nin) may be held responsible for his acts. In the case of a quasi-incompetent person (jun-kinji-san-sha), his curator (hosa-nin) may be held responsible.
In case of an infringement of the regulations by a juridical person (corporation) the managing member (gy�mu-tant�-nin) may be punished by a police fine.
These are made of strong Japanese “Mino� paper, folded in four, and contain at least six such sheets. The cover is made of stout paper and the whole is bound together with an extra sheet at the back which is pasted securely to both covers (fukuro-toji). Remarks which should properly be entered by the Police cannot be entered by the holder.Roughly speaking, the books are divided into two portions; (a) entriesreemployer, employment, discharge, and date; (b)rechanges in personal registration, domicile, or name; alsoreactions of the authorities.
The form of the books is as follows:—
Caution to employee carrying this book.
Seal of the Police Station having jurisdiction.
Specimen entries in an Employee’s book.
Changes in registration of citizenship, personal status, domicile, and name.
Employer and date of being engaged and discharged.
Removedon the _____ day of the ___ month of the ____ year, to No. ____ (name of village, prefecture.)
Employedon the (___date___) engaged and discharged. by (____name____) of the (name of brothel or tea-house) of No. ___(ward) Shin-Yoshiwara.
Removedon the ______ day of (same as above.)
Dischargedon the (___date___) by the aforesaid (____name____) upon the expiration of the term of service.
Matter of Disposition.
Punished by the imposition of a police-fine of (amount) on account of (offence).
Date _________
_____________Police-Station.
NotificationNo. 39 of the Metropolitan Police Board, issued on the 10th October, 1900, under the signature of ÅŒura Kanetake, Commissary of Police, which superseded Notification No. 22 of March, 1894, provides for the medical inspection of public women as follows:
All prostitutes are to undergo both regular and special inspections. Regular inspection is to take place once a week, and the days appointed in T�ky� are:—
The special inspection days in T�ky� are:—
Upon being inscribed upon theRegisters of Prostitutes, new-comers are to be examined, on one of the special inspection days, by the surgeons of the Inspection Office (Kensa-jo). Special provisions are made to meet all cases needing inspection, and the regulations require all infected women to enter the Lock Hospital for proper treatment under penalty of a fine of not exceedingYen1.95 (U.S. $0.97-1�2, or a little under 4/-s sterling.) Patients intending to leave the hospital mustprocure a certificate (shindan-sho) from the President of the hospital. As a regular thing, examinations are to be conducted between the hours of 10 a.m. and 3 p.m., and at the close of each such examination the woman is to procure a sealed certificate of inspection (juken-sh�sho) from the surgeon.
Outside the Yoshiwara Lock Hospital on “Inspection Day.�
Outside the Yoshiwara Lock Hospital on “Inspection Day.�
Various regulations exist, but those of the great Yoshiwara Lock Hospital are typical of the others. They were revised in March 1900, and provide substantially as follows:—
Object of the Hospital.—The hospital is established for the purpose of treating prostitutes who are suffering from venereal diseases, consumption, and other contagious maladies contracted or developed in the Yoshiwara brothel-quarters.
Staff.—The permanent staff consists of about fifty people, including several surgeons, a secretary, four pharmacists, nurses, clerks, servants, etc., and is presided over by a chief doctor. The hospital arrangements are subject to Police supervision.
Medical Staff.—The patients must be visited at least twice a day, and on each occasion details of their condition and treatment entered in a report sheet (by�sh� nis-shi) for the information of the President. In case of serious illness or slow recovery the matter must be reported to the President, and should the symptoms denote immediate danger, the brothel-keeper of the woman’s house must be notified forthwith. Upon recovery, the report sheet has to be signed by the attendant physician, after which the President himself has to examine the patient. It is the duty of the doctors toprescribe the diet of patients, to instruct and supervise the nurse to see that all necessary instruments are provided and kept in proper condition; and each of the doctors are bound to take night-duty alternately. To prevent scandal and collusion, the doctors are prohibited from entering the wards unless accompanied by a nurse, and, as a precaution against incurring unnecessary risks in treatment, surgical operations can only be performed with the approval of the President. When not otherwise engaged, the hospital doctors may employ their leisure time in making medical investigations, and may, subject to the permission of the President, publish the results of their labours in this direction.
Records, Accounts, Statistics and Reports.—Proper records must be kept of the work and accounts of the hospital, the admissions and discharges, and a monthly and yearly report prepared containing detailed statistics. Monthly reports must be prepared by the 5th of the following month, and the annual report by the 10th of January of the following year. The chief pharmacist is also bound to prepare a daily report of all drugs dispensed and to submit same to the President.
Sundry.—Detailed rules are laid down for keeping the bedding and premises in a clean and sanitary condition, for disinfection, etc.; and for the control of the nurses.
Salaries.—That the staff of the hospital is very much underpaid will be recognized upon perusal of the following scale of monthly salaries:
P.S.—If absent for upwards of two weeks, no salary is paid for the current month, and if absent for upwards of one month they may be discharged from the service. The rules do not, however, apply in cases of sickness.
Financial.—Funds for the support of the hospital are raised by way of forced contributions from the brothel-keepers of the Yoshiwara, and the basis of the annual expenditure is a written estimate prepared prior to the 20th March every year by the President of the institution and the Director of the Brothel-keepers Guild, and approved by the Police authorities. In case of a deficiency occurring, steps may be taken to make good the same by the President and Director acting in concert.
Alteration of Hospital Regulations.—When necessary, the regulations may be altered by the President of the hospital and the Director and Vice-Director of the Guildacting in concert, provided that the consent of the Police authorities has been obtained to the proposed changes.
Sick-Rooms and Sanitary Precautions.—The regulations require that separate wards67be provided for various classes of patients, and that contagious cases be properly segregated; also that the premises be kept swept and clean, and all infected matter be destroyed by fire. Bedding and towels are not to be used promiscuously, sheets are to be disinfected by means of hot steam, spittoons containing a 5% solution of carbolic acid are to be provided, table utensils are to be washed in hot water containing corrosive sublimate (1 in a 1000), infected waste paper must be burnt, and even waste paper which is not infected must not be sold until properly disinfected. Patients who have obtained permission from the physicians are bound to take a bath every morning before the periodical examination.
Visitors.—Are not allowed in the wards or rooms unless the patient is unable to move and special permission has been obtained from the physician in attendance. Visitors may, however, under certain conditions, see patients between 9 a.m. and 3 p.m. in a room (�setsu-jo) set apart for that purpose.
Rules for Patients.—While under treatment, patients are required to be civil and respectful in their language and demeanour towards the members of the hospital staff, to wear the regular cotton dresses worn by all inmates, and to observethe regulations governing the institution. No patient is allowed to leave the hospital while under treatment. Patients are required to do their hair up in a simple style, to refrain from entering other wards or rooms except for proper reasons, to refrain from wearing the thick-soled high sandals (takaz�ri) ordinarily worn in brothels, to carefully place all waste-paper in the receptacles provided, to refrain from creating noise or disorder, singing, quarreling, and scribbling nonsense on the walls or furniture. They are also prohibited from lending or borrowing money, gambling, etc.; and (except with the permission of the physicians) from taking food and drugs brought in from outside. In case of wishing to make purchases outside the hospital, permission must be obtained from the physicians through the nurses.
Exercise.—Exercise may be taken daily in the hospital gardens within prescribed hours.
Complaints.—Complaints against the nurses or other persons must be made direct to the physicians in attendance.
As to the actual working of the Yoshiwara Hospital, some caustic remarks, contained in a book entitledYūkiwaku no Rimen(�廓���“Behind the scenes in the brothel-quarters�) published in T�ky� in 1903, are appended. In the course of an exceedingly severe arraignment, the author says substantially as follows:—