Press translations [Japan]. Political Series 0269, 1946-02-03.

Full Translation:

The people are now demanding immediate measures for dealing with the difficult problems of clothing, food and housing. The Welfare Ministry has been hastening to prepare a definite plan for uniting the Relief Law (KYUGO HO), the Laws for the Protection of Mothers and Children (BOSHI HOGO HO), the Military Relief Law (GUNJI FUJO HO), and the Law for Protection against War Damages (SENJI SAIGAI HOGO HO) into the Social Protection Law (SHAKAI HOGO HO). A rough plan of the concrete articles of this law is to be drawn up on February.

The fundamental idea of enacting this law is to guarantee the welfare of the poorest people, it is not as yet settled whether to provide relief for all poor people or to exclude those whose poverty is due to their idleness and loose morals; but it seems that a family which consists of five persons will be given about two hundred yon a month. In view of the scope of this law the Government intends to submit it to the forthcoming Special Diet to deliverate carefully on it without issuing an Imperial ordinance.

The outline of the draft of the social Protection [illegible]aw is likely to be as follows:

Persons

Relieving bodies:

• 1.Every person to be protected shall be protected by the chief of a local office (CEIHO JIMUSHO), the chief of a branch office, or the mayor. If he has no abode, or has no fixed abode, he shall be protected by the chief of a local office, the chief of a branch office or the mayor.
• 2.In cases requiring relief, every mayor of a town or a village shall assist the chief of a local office or the chief of a branch office under the provisions of the order, and a member of the district committee shall assist the chief of a local office, the chief of a branch office or the mayor under the provisions of the order.

POLITICAL SERIES: 269 (Continued)

ITEM 1 (Continued)

Relief Institutions:

• 1.A Relief Institution in this law means an institution for the purpose of protection based on this law.
• 2.If every city, town or village intends to establish a relief institution, it shall need the approval of the prefectural governor. The same applies in the case of private undertakings.
• 3.No relief institute shall be allowed to refuse the commission of protection assigned by the chief of a local office, the chief of [illegible]branch office, or the mayor.
• 4.The Treasury shall subsidize, according to the Imperial ordinance all expenses of every relief institution and expenses necessary for its facilities.
• 5.The establishment, management, and abolishment of a relief institute and other necessary matters concerning a relief institute otherwise provided for in this Law shall be fixed by an order.

The extent, types, and methods of protection:

• 1.Protection shall not be allowed to exceed the limit necessary for existence.
• 2.The kinds of protection are as follows: Protection of life, medical treatment, maternity protection, and protection of occupation.
• 3.Necessary matters in regard to the extent and methods of protection shall be fixed by an Imperial ordinance.
• 4.Protection shall be made at the residence of every person to be protected.
• 5.If the chief of a local office, the chief of a branch office, or the mayor cannot, or admits it inappropriate, to protect the person in question at his residence, he shall be allowed to accomodate him in a relief institute or with a private family.
• 6.If the parents nr guardian of a person to be protected do not exercise their rights properly, the chief of a local office, the chief of a branch office, or the mayor shall be allowed to take the measures mentioned in the preceding paragraph, even against the wishes of the parent or guardian.
• 7.The director of a relief institute shall be allowed to impose reasonable work on the person who is accommodated[illegible]in that institute under the provisions of the order.
• 8.
• 8.If a minor who is accomodated or accomodated by trust according to paragraph 5 has no parents or guardian, the person whom the chief of a local office, the chief of a branch office, or the mayor appoints shall exercise the function of guardian under the provisions of the imperial ordinance.
• 9.If a person to be protected should die, the person who undertakes to bury him shall be paid burial expenses under the provisions of the Imperial ordinance. In the case of the preceding paragraph, if there is no peson to bury him, he chief of a local office, the chief of a branch office, or the mayor shall bury him.

Miscellaneous rules:

• 1.If a person to be protected comes under one of the fallowing - 2 -

•   POLITICAL SERIES: 269 (Continued) ITEM 1 (Continued) stipulations, the chief of a local office; the chief of a branch office or the mayor may not protect him!
• a.If the person does not obey the measures which the chief of a local office, the chief of a branch office, the mayor, or the director of a relief institute takes according to this law or an order based on this law.
• b.If the person refuses medical examination or investigation concerning protection.
• 2.If a relief institute, which is established according to Article 2, Item 2 of the Relief Institute Rules, conflicts with this law, an order based on this law, or measures based on this law, the prefectural governor may cancel his approval of the relief institute.
• 3.Prefectural, city, town, village and other political units shall not be allowed to impose takes or other public imposts on the following lands and buildings. (This rule, however, is not applicable to persons charging for their use.)
• a.Buildings used chiefly as relief institutes.
• b.Sites of the buildings mentioned in the preceding paragraph.
• 8.
• 4.A person who receives protection or help any other person to receive protection by means of fraud and other malpractices, shall be condemned to penal servitude not exceeding three months or fined an amount not exceeding one hundred yen.
• 5.The rules concerning cities and towns in this law shall be applicable to units corresponding to towns and villages where the corporation system is not enforced, and the rules concerning the mayor of a town or a village will be applicable to persons corresponding to mayors of towns or villages.
• 11.

Full Translation:

The twelfth day of the HONDA trial opened at 0900 on 1 February at YOKOHAMA. Lieutenant WARUFURUMU*, Public Prosecutor questioned HONDA about working conditions in the coal-mine, and the incidence of pneumonia in the prison camp, and 30 forth. The Court recessed. After re-assembling, the former aide de campe to HONDA, TSTUDA, Kaju, who is now SUGAMO Prison was present at the court-room. TSUDA has often been named in the affidavits of this trial as a person who had committed atrocities. In order to clarify the responsibility for his actions with HONDA as the head of the Camp, TSUDA was summoned. TSUDA, wearing civilain clothes, his heir unkempt, presented[illegible]himself at the court. He stated that "He kicked. Captain STUART, a prisoner for slight reason; was reproved by HONDA, head [illegible]he prison, camp, and apologized for his crime to the captain. He admitted that he struck a Dutch prisoner. However, he denied, that he had flung human excrement into his face for no reason at all. Then, Mr. HASEGAWA, Katsumi, former member of the coal-mine Labor Section, was summoned.

To the questions of Captain HOWARD, Public Prosecutor, he testified "I know that HONDA head of the prison, struck a prisoner called KURUZU*. A prisoner called KAN LYNE died of heart-failure, I think. Until the day before his death, he was working at the coal-mine."

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POLITICAL SERIES: 269 (Continued)

ITEM 2 (Continued)

The court recessed at 1140.

On the afternoon of the same day, Mr. HASEGAWA stated that, "Sergeant [illegible]MIKAWA was using the Red cross Relief goods." Then, the final arguments of the public prosecutor and the defense were made.

Captain HOWARD, public prosecutor said, "The various items which have been written in the items of the crime lists show distinctly the atrocities committed under the obvious responsibility of HONDA, head of the prison camp as stated in the affidavit of captain FURANKEN* and the witnesses Messrs. NEUCHI and HASEGAWA. Therefore, HONDA must be punished most strictly."

Lieutenant SHIMUSU*, few the defense "HONDA punished his men for unlawful acts; and took good care of his men. Therefore, such acts must be then into consideration in his favor." Mr. ITO, Kyun insisted on the innocence of the defendant.

Lastly, the chief of the defense MARTIN spoke as follows. "Under the national flag of the UNITED STATES, impartial trials should be carried out."

Lieutenant WARUFU* said, "The fact that 26 prisoners died, naturally is due to the responsibility of the head of the prison," and again asked the death penalty.

Captain COLEMAN, presiding judge, deliberated with the other judges for a few moments and declared that sentence would be passed at 1330 on 2 February. The court was adjourned at 1530.

DISTRIBUTION "X"

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