本文針對1918年起發生的板橋林本源家林松壽控告母親案件,首先考察林松壽委託辯護士(律師)鳩山一郎來臺從事訴訟的理由,其次分析母子達成和解的經過,進而解明鳩山與林松壽的關係破裂之經緯。研究發現臺灣總督府高層不樂見林松壽母子相爭,在臺灣銀行的中川小十郎等人多次調停下,最終使當事人走向和解。事件落幕後,林未立即支付高額的報酬,此舉導致鳩山提告,並且三審皆由鳩山獲得勝訴。由於林家是殖民統治當局極為重視的社會領導階層中最具代表性者,故林家內部糾紛頗受高層關注。林松壽控母案起因於財產保管問題,比起爭奪激烈的財產分配問題而言相對單純,但仍頗受當局重視。透過釐清事件始末,有助理解林家複雜的內情之一端,並對總督府的統治手法有更深一層的認識。除了林松壽控母案中可見有政治力介入家族事務,其後林與鳩山因為謝金問題而產生的訴訟,亦可見中川在事後協調林與鳩山的關係,顯示這兩起本質不同的案件始終受到高層的關注。本文探討接連發生的兩起訴訟,有助於理解臺灣社會領導階層的司法經驗。
This paper discussed the 1918 lawsuit filed by Lin Sung-shou of Banqiao against his mother. First, the reason why Lin hired Ichiro Hatoyama from Japan to represent him in this lawsuit was examined. Then how the dispute between Lin and his mother was resolved was analyzed. Finally, why Hatoyama and Lin ended up turning against each other was explored. It was found that the Government-General of Taiwan was not pleased with the dispute between Lin and his mother. Thanks to the mediation by Kojuro Nakagawa, the then vice chairman of Bank of Taiwan, the dispute was eventually resolved. However, Lin failed to pay Hatoyama the legal fee he promised in due course. Hatoyama thus sued Lin and won all three court instances. In the then social leading class, the Lin family was the most iconic and highly valued by the colonial government, their family dispute aroused much concern from the top authorities. Although the lawsuit involved custody of property, which was relatively simple compared with fierce fight for property distribution, the concern shown by the authority was indicative of political interference in family affairs. The analysis shed light not only on the intricate relationships in the Lin family, but also on the political maneuvers of the Government-General of Taiwan. Nakagawa’s mediation was involved in the successive lawsuits, signifying attention and intervention from the top authorities. In-depth examination of these legal disputes of the Lin family offered a better understanding of the judicial history of the social leading class in the Taiwanese society.
林本源;林松壽;鳩山一郎;下村宏;中川小十郎
Lin Ben-yuan; Lin Sung-shou; Ichiro Hatoyama; Hiroshi Shimomura; Kojuro Nakagaw