| Name of the house. | |
| Brothel | |
| (or Hikite-jaya) | |
| Keeper’s name. | |
Art. 11.—Keepers of kashi-zashiki and hikite-jaya shall prepare two books marked respectively “A” and “B.” In “A” shall be entered the receipts of the house, and in “B” shall be minutely recorded the name, residence, profession, age, appearance, and style of clothes worn by each guest. Each and every time new books are opened they shall be inspected and sealed by the Police Station having jurisdiction, and after being used up they shall be preserved during a period of five years. Should said books be damaged, destroyed or lost, the Police Station having jurisdiction shall be notified within three days and the cause stated.
Art. 12.—When keepers of kashi-zashiki and hikite-jaya engage or discharge employées, the names of such employées, together with particulars as to residence, registration, and age, shall be minutely written down and notified to the Police Station having jurisdiction within three days.
Art. 13.—When in the course of their business, keepers of kashi-zashiki or hikite-jaya wish to engage assistants, they shall only engage persons who are possessed of “employées pass-book” mentioned in Art. 43.
Art. 14.—When keepers of kashi-zashiki or hikite-jaya afford lodging to females, this fact is to be notified to the Police Station having jurisdiction within twenty-four hours.
Art. 15.—Keepers of kashi-zashiki and hikite-jaya shall observe the following provisions:—
Art. 16.—When special orders are given by Police Stations relative to the control of their business, keepers of kashi-zashiki and hikite-jaya shall observe the same.
Art. 17.—With regard to acts performed in the course of business, even although same be performed by members of their families or employées, the keepers of kashi-zashiki and hikite-jaya cannot plead non-liability.
Art. 18.—When it is proposed to plant flowering trees, to hold exhibitions of dancing or buffoonery, to hang up lanterns (tōrō), or to do anything else in the streets, a petition shall be lodged to that effect with the Police Station having jurisdiction, giving full particulars and permission be obtained. It is however provided that no such displays will be permitted outside the boundaries of yūkwaku.
Art. 19.—Keepers of kashi-zashiki shall not allow bedizened and bedecked courtesans to be seen by passers-by in the streets outside yūkwaku.
Art. 20.—In dealing with courtesans, keepers of kashi-zashiki shall treat the girls fairly, do all in their power to reform them, advise them to return to a virtuous course of life, and shall not cause them to squander money recklessly.
Art. 21.—Keepers of kashi-zashiki shall cause the courtesans in their houses not to infringe the regulations relative to physical examination, and when the women are ill shall at once cause them to receive medical advice and treatment.
Art. 22.—Keepers of kashi-zashiki shall hang up in a place where it can be easily seen by the courtesans a copy of the regulations with hira-gana written against the (Chinese) characters.60
Art. 23.—In the event of a courtesan infringing these regulations, information shall be given to the Police Station having jurisdiction, but the keeper of the kashi-zashiki shall not attempt to enforce an observance of the same by private arbitrary measures.
Art. 24.—When courtesans wish to enter another brothel, to give up the life of prostitution, to rest for a time from the exercise of their profession, or to visit some place outside the quarter, the keepers of kashi-zashiki shall not raise objections except on reasonable and valid ground.
Art. 25.—Whenever a courtesan absconds or returns, information is to be immediately given by the kashi-zashiki keeper to the Police Station having jurisdiction.
Art. 26.—Keepers of hikite-jaya are forbidden to allow guests, courtesans, or singing girls to lodge in their establishments.
Art. 27.—Keepers of kashi-zashiki, hikite-jaya, and courtesans shall form guilds within each of their respective districts, shall draw up rules and regulations, and obtain the sanction of the Metropolitan Police Board to the same through the Police Station having jurisdiction. The same formalities shall be observed when it becomes necessary to amend or change these rules.
Art. 28.—Guilds shall elect a Director and Sub-Director and obtain the approval of the Metropolitan Police Board of the persons elected through the Police Station having jurisdiction. Should the parties elected be considered as unsuitable for the position, the authorities may order another election or special election.
Art. 29.—Only males of not less than full twenty-five years of age, and who have been carrying on the business of kashi-zashiki keeping or of keeping hikite-jaya for a period of not less than two years in the district, shall be eligible for election as Director or Sub-Director.
Art. 30.—The term of office of Directors is full two years, but after the expiration of that period they may be re-elected.
Art. 31.—When amendments or alterations of the regulations relative to kashi-zashiki, hikite-jaya, or courtesans are made, or when (Police) instructions are received, the Directors shall duly notify the members of their respective guilds.
Art. 32.—Directors shall affix their seals to petitions and notifications made by kashi-zashiki keepers, keepers of hikite-jaya, and courtesans.
Art. 33.—In addition to those duties determined in these regulations, matters which require the attention of Directors are specially provided for elsewhere.
Chapter II.
Courtesans.
Art. 34.—The profession of a courtesan shall only be permitted in kashi-zashiki.
Art. 35.—A woman who wishes to become a courtesan must send in a written petition for a license to the Police Station having jurisdiction. The petition must give the following particulars, and no woman under 16 years of age will be licensed.
Art. 36.—Courtesans must reside in kashi-zashiki. When a courtesan wishes to change her house she shall petition the Police Station having jurisdiction to the effect and obtain permission. The petition shall be jointly signed by the keepers of both the kashi-zashiki. In this event documents mentioned in paragraphs 4, 6, and 7 of Art. 35 must be annexed, and should the house to which she proposes going be situated within the jurisdiction of another Police Station the petition shall be forwarded through the Police Station of the former jurisdiction.
Art. 37.—Should any change occur in the registration, position, name, professional name, or fees of a courtesan, or should she abandon the life, cease for a time, or commence, practising her profession, the Police Station having jurisdiction shall be notified within three days.
Art. 38.—When courtesans or other employées are engaged or discharged notification shall be made in accordance with the provisions of Art. 12.
Art. 39.—When courtesans received special instructions from a Police Station relative to the control of their profession they shall observe the same.
Art. 40.—Courtesans shall undergo physical examination in accordance with special regulations.
Art. 41.—Courtesans may not leave their kashi-zashiki except for the purpose of visiting the graves of their fathers or mothers, for nursing their grandfathers, fathers, mothers, uncles, aunts, brothers, or except when there is an occasion of rejoicing or mourning in connection with such relatives. They may, however, leave their houses so long as they remain within the boundaries of the yūkwaku.
When they go out of the yūkwaku they must obtain the sanction of the Director through the keeper of their kashi-zashiki, must wear ordinary female clothes, and must be accompanied by a person from their houses.
Art. 42.—When under the circumstances mentioned in Art. 41 it is necessary to lodge in some place outside the yūkwaku, or when it is necessary to receive medical treatment outside the yūkwaku for diseases other than those contemplated in Art. 2 of the regulations relative to the physical examination of prostitutes, the Police Station having jurisdiction shall be duly notified and permission obtained. Such document of notification must be signed by the courtesan and the keeper of her kashi-zashiki, and in case of sickness a doctor’s certificate shall be annexed.
Chapter III.
Employées.
Art. 43.—Persons desirous of becoming employées of kashi-zashiki or hikite-jaya must prepare an “Employées Pass-Book” in the required form, and get the same stamped with the “Inspection stamp” of the Police Station having jurisdiction over such kashi-zashiki or hikite-jaya.
Art. 44.—In this “Employées Pass-Book” shall be entered particulars as to registration, position, rank, residence, name, and any changes relative to the same; the name of the employer, date of engagement and discharge, length of service; whether the owner has ever been punished by the authorities, how often, and for what offences.
Art. 45.—Each and every time changes such as are provided for in Art. 44 occur (with the exception of punishments inflicted by the Police authorities) the owner of the book is to enter particulars of the same and get the Police Station having jurisdiction over the kashi-zashiki or hikite-jaya to stamp the entry with the “Inspection stamp.”
Art. 46.—Should an employées pass-book be damaged or lost the Police Station having jurisdiction over the kashi-zashiki or hikite-jaya shall be notified of the circumstances within three days: another book must be provided by the applicant and stamped by the Police authorities.
Art. 47.—When a person ceases to be an employée of a kashi-zashiki or hikite-jaya he (or she) is to apply to the Police Station which stamped the pass-book and request that the “Inspection stamp” be cancelled.
Art. 48.—When a person infringes the provisions of these regulations, or is considered to have committed improper acts in connection with his duties, the “Inspection stamp” in his pass-book may be cancelled.
Art. 49.—Employées of kashi-zashiki and hikite-jaya shall observe Arts. 15, 20, and 22 of these regulations in the performance of their duties.
Chapter IV.
Penal Provisions.
Art. 50.—Persons who have infringed Arts 2 to 4; 7 and 8; 10 to 16; 18 to 26; 31; 36 to 43; 45 to 47; and 49 shall be punished by detention of not less than one day and not exceeding ten days, or by a fine of not less than five sen and not exceeding one yen ninety five sen.
In addition to the foregoing, there are a great many detailed regulations governing the social evil, among which may be mentioned:—
Police Department Notification No. 22 re the physical examination of prostitutes. (Issued March 1894.)
Police Department Instruction No. 18-a prescribing method of physical examination of prostitutes. This is an instruction to the examining surgeons and to it is annexed specimen forms of reports to be made. (Issued April 1894.)
Police Department Instruction No. 38-a. Instructions for the practical enforcement of the regulations re Introducing tea-houses (hikite-jaya), brothel (kashi-zashiki), and prostitutes (shōgi). Gives forms of reports, books to be kept, etc. (Issued November 1896).
Police Department Instruction No. 42-a addressed to all Police Stations having jurisdiction over brothel quarters. This Instruction demands:
| 1. | That information re suspicious characters must be given to the police. When visitors resemble the circulated descriptions of persons “wanted” by the police and advertised for with a picture. |
| 2. | Information must be given re persons who possess money or valuables manifestly unsuitable to their station in life, and re persons who are spending money recklessly. |
| 3. | Information must be given re persons possessed of swords, firearms, or other lethal weapons, and whose conduct is suspicious. |
| 4. | Information must be given about persons who remain in brothels for upwards of three days consecutively. |
| 5. | Information must be given when guests entrust or give to courtesans money or effects. (Issued December 1896). |
Police Department Instruction No. 43-a, addressed to all Police Stations having jurisdiction over brothel quarters. Contains seven articles re the position of the Department vis-à-vis the Kashi-zashiki, Hikite-jaya, and Shōgi Guilds. (Issued December 1896).
There are also a great many detailed provisions intended to protect the women, among which may be mentioned one reading:—
“Should the keeper of a brothel endeavour to cause undue expenditure of money, or without valid reason try to interfere with the women desiring to reform, it is forbidden by law; and he can neither by law or under agreement, ill-treat the women cruelly or unfairly, therefore should anything like this occur, the women shall complain to the policeman on the beat or to the Police Station.”
The laws are fair to a certain extent if carried out in the spirit in which they have been framed, but it is needless to say that the inmates of the Japanese brothels are entirely subjected to the will of their keepers, and although as a rule the girls are not inhumanely treated, they are to all intents slaves, just as much as if they were chained to the galleys. It is not law, but custom which keeps them there, and there is many and many an innocent victim driven to these devilish institutions by customs which exalt profligate fathers and beastly brothers into authoritative beings for whom every sacrifice should be made—even that of chastity. To say a woman has sacrificed herself for the sake of her relations covers everything among the lower and more ignorant masses, and the only thing which would be effectual with these model fathers, mothers, and brothers, would be a thorough horse-whipping each and every time a case crops up; or better still, the cat-o’-nine-tails laid on by an expert until they howl for mercy. The efforts of the Japanese Government to abolish the evil of this servitude have been vigorous, but custom—that law of fools—has been too powerful, and the regulations are infringed indirectly in many ways, chiefly however owing to the frantic opposition to reform raised by those numerous parasitic hangers-on who attach themselves to the prostitute quarters, and, while leading a lazy and mischievous life, manage to suck sustenance from the earnings of defenceless women. The position of the Government is clearly demonstrated by the text of the laws and notifications, but no Government can eradicate an evil if not backed up by the people, and at present the number of persons who have intelligently considered the question is very small indeed.
The Penal Code, promulgated July 1880, Art. 425, provides three to ten days’ imprisonment, or a fine of 1 yen to 1 yen 95 sen, as a punishment for secret prostitution, or lending premises to persons for the purpose of assisting such secret prostitution.
To enable the reader to judge of the severity of the treatment which the Government in olden times meted out by way of punishment, annexed is a proclamation made by Ōoka Echizen-no-Kami, the famous Governor of Tōkyō, dated Kyōhō, 7th year, 8th month, 16th day. (26th Sept., 1722).
“Whereas secret prostitution has been prohibited in the Wards of this City, and whereas it appears that the practice has been carried on in an audacious manner, it is hereby ordered that henceforth secret prostitutes shall be treated as follows:—
“1st.—The person harbouring secret prostitutes will be ordered to yield up to the Government his ground lot, furniture, house, and godown, and the woman offending shall herself have her furniture seized, and for the space of 100 days shall be manacled with irons, and committed into the custody of the responsible parties in her Ward, an officer being detailed off to visit the house every other day to inspect the seal on her manacles.
“2nd.—The owner of grounds and houses in which secret prostitution takes place, shall be held in the same penalties even although he is not living on the premises, but only represented by a care-taker. The care-taker shall have all his furniture seized, and shall be manacled for a period of 100 days, during which period he will be committed into the custody of the responsible parties in his Ward, and every other day the bonds shall be examined and the seal inspected.
“Three days after this date the appointed officials and Yoshiwara authorities will proceed to search for persons carrying on illicit prostitution, and if those persons are apprehended they will be dealt with as stated above.
“Persons harbouring offenders may be punished with banishment or death, and moreover the members of the Ward who are responsible for the parties may be likewise punished in accordance with the foregoing. Now therefore take notice, and let this be published throughout the City.”
Again in 1875, the Police Department issued a notification, dated the 27th January, and numbered 23, as follows:—
“Persons practising secret prostitution and the keepers of secret houses used for that purpose, shall be punished as follows:—
| Principal or Accessory | First Offence | Fine not exceeding 10 yen or 2-1⁄2 months’ imprisonment. |
| Second Offence | Fine not exceeding 20 yen or 5 months’ imprisonment. | |
| Keeper of the House | First Offence | Fine not exceeding 15 yen or 3 months’ imprisonment. |
| Second Offence | Fine not exceeding 50 yen or 6 months’ imprisonment. |
The following is the text of a form of contract used at Susaki. It is practically the same as that used in the Yoshiwara:—
一金 借用金高
内譯
金
金
右借用金ニ對シ貸座敷ト結約スル證書謄本左ノ如シ
結約證書
一金
但シ利子ハ一ヶ月ニ付元金ノ百分一トス
右ハ自分義無據事情有之親戚承諾ノ上貴殿放ニ於テ娼妓稼業致候ニ付前書ノ金額正ニ借用致候處確實也然ル上ハ自分稼高所得ヲ以テ返金ノ目的トナシ左ノ項々結約仕候
| 一 | 楊代壹個金 ト定メ内金 ヲ自分所得トシ此内ヨリ小遣金 ヲ引去リ殘金 ハ前記借用金元利償却可致ニ付日々稼高ニ應ジ計算ノ上御受取可被下候事 |
| 二 | 稼業中金圓時借致候トキハ本金ニ拘ラス當月ノ稼高所得ヲ以テ直チニ返金可致候事 |
| 三 | 洲崎病院入院中ノ食費ハ自辨可致ニ付本金ニ拘ラス退院當月ノ稼高所得ヨリ御引去リ可被下候事 |
| 四 | 時借及入院食費トモ當月ノ稼高ニテ返濟難相成トキハ本金ニ結込ミ第一項ニ依リ御計算可被下候事 |
| 五 | 營業ニ關スル自分所有品ハ借用金ノ抵當ニ差入置候故ニ他ヘ持出シ又ハ質入賣却致間敷候事 |
| 六 | 稼業年限明治 年 月 日ヨリ明治 年 月 日マテハ必ス貴殿方ニ於テ稼業可致若シ年限内廢業又ハ稼換致候トキハ即時借用金元利皆濟可致候事 |
| 七 | 病氣ニ罹リ稼業難相成トキハ醫師ノ診斷ニ任シ擅ニ休業又ハ廢業致間敷候事 |
| 八 | 入院休業等ノ爲メ非常ノ立換金ヲ受ケ又ハ逃亡其他稼業ニ不誠實ナルカ爲メ滿期ノ節借用殘金之候トキハ廢業ノ即日壹時皆濟可致候事 |
| 九 | 滿期又ハ癈疾ニ罹リ廢業ヤシトキ及死亡シタルトキハ保證人ニ於テ引取リ貴殿ヘ御迷惑相掛申間敷候事 |
| 十 | 第九項ノ場合ニ於テ借用金返濟不想成トキハ保證人立合抵擋品ヲ賣却シ該代金ヲ以テ償却可致候事 |
| 十一 | 第六項第七項第八項ニ違約シタルトキ又ハ逃亡後三十日ヲ經過スルモ立戾ラサルトキハ抵擋品賣却代金ヲ以テ借用金償却ニ充テ尙ホ不足アルトキハ特約トシテ本證連署ノ人名一同連帶ヲ以テ辨償ノ責ニ任シ若シ連帶者中如何ナル事故有之候トモ殘リノ者ニ於テ引受ケ辨金可致候事 |
右之通り結約候處如件
明治 年 月 日
本人
保證人
貸座敷 殿
右之通り結約仕候也
娼妓
貸座敷
The following is the text (translated) of an actual agreement which was cancelled by mutual consent:—
Memorandum of Agreement.
| 2 Sen Revenue stamp. |
2 Sen(SEAL.) Revenue stamp. |
Yen 90. Bearing interest at the rate, of 1% (one per cent) per month.
With respect to the above, owing to unavoidable circumstances, I agree, with the consent of my relatives, to practise the profession of a courtesan in your establishment. In this connection I have borrowed from you the sum of money herein-above-written, the due receipt of which I hereby acknowledge. In consideration of the premises, and with the intention of repaying the loan to you from my earnings, I hereby agree to the following clauses of this contract:—
Agreement entered into is as above.
20th December, 1895.
Borrower _______________ (signature) (SEAL.)
Guarantor ______________ (signature) (SEAL.)
(Address) ______________
To
Mr. Nishimura Etsusuke
Brothel-keeper.
I have witnessed the above agreement.
(signed) Sunaga Yonezō [SEAL.]
Vice-Superintendent of the brothels, tea-houses, and courtesans of Susaki.
No. 453.
The following is a specimen of an average contract from an actual document and will serve to illustrate the matter. This contract is one used by the Kanagawa brothel called “Jimpurō” (commonly known as “No. 9.”)
Memorandum of Agreement.
Relative to a Loan of Money.
Yen—Four hundred.
Provided that interest on the above shall be in accordance with the Government Regulations.
With respect to the above I hereby acknowledge that as I have no means of livelihood, and practice the profession of a courtesan by official sanction, I have borrowed from you the above-written sum of money, and in consideration thereof I hereby agree to the following clauses of this contract:
In Witness whereof we the undersigned have hereunto set our seals
together with those of the guarantors, in order that there may be no
breach of the foregoing agreement hereafter.
Meiji _________ year _________ month _________ day.
Borrower ____________________________ L.S.
Guarantor (father) __________________ L.S.
Address ______________________
Guarantor (mother) __________________ L.S.
Address ______________________
To the Mistress of the Brothel.
I hereby seal the foregoing instrument in witness that its contents are in order.
Kanagawa Tachibana-gōri,
Kanagawa-Eki,
(Signed) Shimazaki Kyujirō. (SEAL.)
Director of the “Three Professions.”61
According to a report of an investigation of venereal diseases, drawn up by Dr. Takai Hayao in 1892, and published in No. 4 of the “Medical Monthly Report” (醫務月報) for that year, the percentage of infection in the six prostitute quarters of Tōkyō was, during 1891, as follows:—
| Shin-Yoshiwara | 1.67 | Senji | 1.35 |
| Susaki | 1.88 | Shinjiku | 1.99 |
| Shinagawa | 1.47 | Itabashi | 1.98 |
the stated average being 1.67509 per 100 women.
In Kanagawa Prefecture (including the prostitute quarters of Yokohama and Yokosuka) among 2634 women the average percentage of disease for 1898 was officially stated as 2.771. These very low figures must be regarded with great suspicion, as they are not only against the experience of medical practitioners in other countries but are clearly proven to be misleading by the latest statistics of the Yoshiwara hospital. In March 1899 the percentage of patients in the Yoshiwara rose to about 6-1⁄2%, and this appears to be a more reliable figure. It is curious to note that in a work by Dr. O. Commenge (Recherche sur les Maladies véneriennes a Paris, dans leur Rapports avec la Prostitution réglementaire de 1878 à 1887) the percentage of prostitutes (registered by cards) suffering from syphilis alone was 7.3% while those registered in houses were diseased to the extent of 12.0%. In view of these figures, one cannot help regarding the Japanese statistics, which are supposed to include all venereal diseases, as somewhat untrustworthy and misleading, and to conclude that this trouble arises from the superficial nature of the inspection.
At the same time, it must not be forgotten that segregation of prostitutes in regularly appointed quarters may cause a difference in the percentage of disease, as this system gives a greater control over the licensed women.
According to the records of the Yokohama General Hospital (from 1868) the ratio of syphilitic cases treated diminished considerably after the present system of inspection and control was inaugurated in Yokohama. European medical practitioners states that it is a decided mistake to consider the form of syphilis in Japan as a peculiarly virulent or severe type. Among Japanese it is exceptionally mild, the more severe and deeper lesions being somewhat rare. It may be more severe in the comparatively pure-blooded European, but even with foreigners it is as amenable to treatment as in Europe or America.
Many Japanese doctors affirm that since the introduction of inspection and enforced hospitalization the more severe types of syphilis have become less common. Prior to the Meiji (present) era it was quite an ordinary thing to see noses eaten away by syphilis, whereas such a sight is comparatively rare nowadays.
Although there are a great many conflicting opinions on the subject, the concensus of opinion among Japanese medical men is that public prostitution is an unfortunate but necessary evil. They say that the present system is a safety-valve for society and that repressive measures would increase the number of cases of rape, seduction, adultery, unnatural vice, and illicit prostitution;63 and that to abandon medical inspection would certainly tend to increase the ratio and virulence of venereal diseases.
One of the greatest evils of the system is that of permitting the custom called “mawashi” by which a woman accepts several guests and goes round from one to the other in turn all night. It is stated that the women wash themselves after each connection for the purpose of preventing the spread of disease, but unless the cleansing is done very thoroughly there can be no doubt but that infection is communicated to guests by this disgusting practice of accommodating several men at the same time. It appears that great trouble is experienced by the women when washing themselves in summer: the skin is apt to become inflamed and excoriated by excessive washing, and although iodoform would be an excellent antiseptic if applied, the smell of iodoform is offensive to guests, and this precludes its use.
The doctors, recognizing the one-sided feature of dealing with women alone, recommend that men entering houses of prostitution should be examined by a matron, so that all who are diseased can be eliminated, but they admit that this examination would not be infallible and that certain diseases would pass undetected: the brothel-keepers say that such a system would drive away guests and tend to encourage secret prostitution, and besides that the cost of medical attendance would be greatly increased.
There are a great many cases of heart disease, kakké (beri-beri), dyspepsia and hysteria among the inmates of the Yoshiwara, and also some cases of consumption.