Press translations [Japan]. Political Series 0170, 1946-01-13.

Full Translation:

In order to carry out the Allied directive which orders the dismissal of war leaders from public offices, the Government drew up an Imperial Ordinance based on the directive. It was brought to the Extraordinary Cabinet Meeting held on 6 January and was acted anon.

The draft will be decided upon formally and then it is exposed to be submitted to the Throne through. the Privy Council after being sanctioned by General MacARTHUR's Headquarters. This Bill will become a law based on the MacARTHUR's directive and will order all order affected to fill out a questionnaire so as to confirm their standing in regard to the directive. If he does not fill it out or fills it out falsely, he will be condemned to penal servitude, imprisonment of one year maximum, or be fined a maximum of 3000 yen. In the general election the election supervisor is given the right to decide whether candidate caves under the directive. If it is difficult for him to decide, he is given a directive by the Prime Minister on the case.

The Government also decided to establish an investigative organ in the Cabinet to inquire whether or not one is affected by the directive. The outline of the Imperial Ordinance follows:

• 1.One who is nominated by the Government, but who is affected by the Allied directive issued on 4 January, cannot take charge of any public posts (including chiefs of staffs, which are nominated by the Government, heads of companies and associations under the special supervision of Government offices, etc). He cannot be a member of the Diet or a mayor. One who is in an office higher than CHOKUNIN rank must resign from his office, and if he is a member of the Diet at present, he must lose such membership. In case it is difficult to find a successor to a person who comes the above rulings, the Prime Minister can keep him in office or restore him to the former office in spite of the provisions of the above. One who has resigned from his post due to the provisions of item 1 cannot receive public and private pension, annuity, allowances, or benefits.
• 2.The election supervisor must not accent a report on candidature from one who has confirmed that he is affected by the regulation. If he cannot confirm whether he is affected or not, the election supervisor must be directed by the Prime Minister on the matter.
• 3.When one does not fill out his questionnaire or does so falsely. he is condemned to a maximum penal servitude of one year

POLITICAL SERIES: 170 (Continued)

ITEM 1 (Continued)

or is fined a maximum of 300 yen.

Summary:

The Board of Investigation for Constitutional Revision, with Minister of State, MATSUMOTO as chairman, held general meetings seven times to study the Constitution, article by article. Meanwhile Mr. MATSUMOTO, Minister of State, with reference to the tentative plan of each Committeeman, has drawn up his tentative reform bill on the Constitution. It has not yet been approved by the Committee and is therefore subject to alteration.

The first Investigation Committee meeting this year was held on the 9 January with the purpose of continuing investigation of the Constitutional Reform Bill. In a press interview, Minister MATSUMOTO said, "In view of eventual introduction of a Constitutional Reform Bill, I have drawn up my own draft, based partly on other civilian constitutionalists' drafts.

Constitutional revision should "be under-taken from the standpoint of actual recessity, not from certain ideas, assertions, or theories. It is of course permissible for any constitutionalist to comment from any standpoint or theory on constitution laws already drawn up. In drawing up a revision bill on the constitution, weight must be out on revising it article by article so that the Constitution is actually based on Democracy. Consequently in Articles 1 to 4, relating to the subject of sovereignty, I do not mean to make any substantial alteration. The supreme power should not be independent but incumbent on all the Cabinet ministers. I am further of the opinion that Ministers of State are to bear responsibilities to the Nation through the Diet. The Japanese people are apt to split hairs, but this is not to be admitted.

The Weimar Constitution, apparently a very democratic republican constitution, inverting the people with the supreme power and other rights such as labor, existence, etc, was not even able to realize democratic ideas because of the appearance of HITLER and others. The revision of the constitution will, as a matter of fact, necessitato revising also other related laws, thereby requiring many persons for a considerable length of time. Even if I should resign, the committee on the Constitution question will be continued. In case of my resignation, the handing over of my duties is of great importance and, therefore, is being taken into consideration.

YOKOHAMA

On 9 January, the 10th day of FURUSHIMA's trial, the court was opened at 0900. Defendant FURUSHIMA, Chotaro, stood at the witness stand, and, after inquiry as to his position, the summons, concerning the equipment, allowances, and treatment at the KAMIOKA and the FUNATSU Camps, was read. Not only did<strong> </strong>he deny the maltreatment by a guard and an army employee of JAMES SMITH and ROBERT ROBIFSON, prisoners of the KAMIOKA Camp, but also the accusations that he made prisoners drink filthy

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POLITICAL SERIES: 170 (Continued)

ITEM 3 (Continued)

water, dragged them to the seashore, and forced them to stand naked. He answered by saying that "I saw nothing and heard nothing about them." He did admit that CHUSAI, a member of the camp's staff, had struck a prisoner on the buttocks with a wooden club for stealing sake. He also admitted that Private JAMES MANN. who died at the FUNATSU Camp, was put into a guardhouse, but stated that he death was caused by beri-beri, and he did not lose a toe from being frostbitten. He stated that when Private PRIEST was put into a guardroom, he was forced to wear a pair of stockings and his winter overcoat, but he had to remove his shoes, he was never put into the guard room naked

The court went into recess at 1130 and 1330 pm reconvened. The questioning of the defense witnesses was continued. When MANN trued to escape, FURUSHIMA slapped Captain RAJLE three times on the grounds that he had not taken necessary control as the officer supervising prisoners. "It was wrong that I should have struck a person of higher authority, and I must apoligize for it." FURUSHIMA said. He bowed his head towares the seat of the martial judges. Public procurator Major LENZ YARD examined FURUSHIMA and gave evidence that he slapped MANN three times after his return to the Camp. He also stated that he visited the Private four times while he was in the guardroom, but he found nothing abnormal. A certificate of his death was written by Medical Sergeant YAMANAKA and was signed by the Surgeon of the British Forces. Finally, there came the questions by members of the court, and the court adjourned at l600. On January, after the prosecution the decision on the case was apparently given.

Summary:

General MacARTHUR's speedy directive has dealt a serious blow to political circles especially with the general election just ahead. The political parties are all confused by the directive, which bans from candidacy 75 of the Progressive Party candidates, seven of the Liberal Party, three of the Social Democratic Party, two of the Union Party, and 20 of the Independet Party totaling 107 former representatives. On 7 January those who declined to stand as candidates numbered 39 in the Progressive Party, three in the Liberal Party, two in the Union Party, and eight in the Independent Party, aggregating 52 in all. If we add to this number war criminals who were former representatives, resigned representatives, and vacant seats, only about half the number, 230 out of the 466 former representatives, are to be candidates

The majority of ex-representatives who have been forbidden to stand as candidates by the directive are those who once belonged to the right wing bodies, the Imperial Rule Assistance Association, the Staff of the JAPAN Political Association, those who were once patronized by the military clique and supported war policy as heads of the provincial branches of the Imperial Rule Assistance Young Men's Association, and those who were directors of important war-aggression companies in China, Manchuria, and in the overseas areas in the South. The interpretation of the extent to which the directive is to be applied were varied, and it is difficult to decide the number of those who fall within its limits. Accordingly, as the result of the investigations to be made later, the number of those to whom the directive is applicable may increase, so that ex-representatives, who will stand as candidates, are predicted to be finally under 200 or thereabouts.

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POLITICAL SERIES: 170 (Continued)

Summary:

After receiving a SCAP directive of vital importance, the Cabinet has wasted six days, using the Premier's Illness forsite inaction as a pretext. The time has now come when the Cabinet must clear by its attitude. In spite of the fact that the Cabinet has been virtually paralyzed since six Cabinet members fall under the SCAP directive, the Cabinet is busy trying to prolong its life through a reorganization. The reason is that the cabinet is bound to see the elections through.

Since the ministers fall under the SCAP directive, there is now no need for Premier SHIDEHARA to tender a general resignation. The simultaneous resignation of many prefectural Governors and of the Government would have prave political consequences, which must be avoided in view of the delicate vice situation. The Cabinet is now a house divided against itself.

Foreign Minister YOSHIDA has postponed his call on General Mac- ARTHUR because he prefers to await the Premier's return to business. Director NARAHASHI of the Legislation Bureau maintains that it has become impossible, under the circumstances, to substitute new men for the affected ministers, that, in view of the gravity of the situation, the premier must not dodge responsibility now. He also holds that popular opinion has become ostranged from the Government by now, with political riots becoming over threatening, and that the Government must accordingly make a now bid for popularity by resigning en masse. This is what NARAHASHI keeps telling the premier and those who have hitherto advocated mere reform are gradually inclining toward this opinion. There is unanimity on the desirability of having SHIDEHARA form the now Cabinet in case no other suitable person be found.

Summary:

The Constitution Investigating Council of the Government has already drawn up the actual bill. Mr. MATSUMOTC, chairman of the Council, informed the Cabinet correspondents, on 9 January, of the progress and future moasures of the investigation.

He stated, "I think that it is a mistake to clarity a separate principle of the Constitution, though it is an indivisual matter as to how to interpret the Constitution. We must, however, make a Constitution which cannot be misunderstood when inferring to government affairs.

The revision being very democratic, coincides, in this point, with the civilian bill for revision of the Constitution which was published by Mr. TAKAN , Imasaburo and others a few days back. I suppose that the outline of the two are identical. I still believe that their must be no change in the main principle that the sovereighty is in the hands of the Emperor. I think that the State Ministers are responsible not only for all state affairs but also for the Diet, and that actual government affairs must "be managed through the Diet. But, however much the Constitution is democratized, if it is misunderstood, politics cannot be democratized after all. The fact, that Hitler appeared in spite of the Weimar Constitution, is good evidence of this. Therefore, it is neceassary in the first place that the people themselves should be democratized.

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POLITICAL SERIES: 170 (Continued)

ITEM 6 (Continued)

The Council will continue oven when the Cabinet changes. At some future time, the council might need the help of civilians. Even though the Cabinet changes, the investigation must be carried by the next Cabinet as a matter of state business. Ever, at present, I am ready to do so. The Emperor has taken the initiative in revising the Constitution, and I have not yet thought of asking the Imperial approval on the matter. Recently, we have had discussions as to whether sovereignty is in the hands of the Empeor or the nation. All is well in so far as it is merely a discussion. I think, however, that it is not always desirable to insert each private opinions into the Constitution."

DISTRIBUTION "X"

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