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Press translations [Japan]. Political Series 0267, 1946-02-03.
Supreme Commander for The Allied Powers. Allied Translator and Interpreter Section.

translation-number: political-1099

call-number: DS801 .S85

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No. 1099 Date: 3 Feb 46


ITEM 1 Appreciation of American Democratic and Scientific Judicial Methods - Provincial Newspaper Hakkoku Mainichi (Kanazawa) - 21 Jan 46. Translator: Paasche.
The publicity and spread of The War Crime Trials were reassuring and we must now ask ourselves what we can learn from them. The following is what eminent local lawyers have to say on the subject (EITO, President, TOYAMA District Court; FURUYA, prosecutor; NAKATA, attorney).
NATAKA: "The session of ah American court of law in JAPAN is without precedent in history end consequently aroused the people's interest as to how basic human rights would be protected end what "publicity" looked like. The impression on us lawyers produced by every phase of the proceedings was very deep."
EITO: "The people are filled with gratitude by what can be witnessed."
NAKATA: "Even General YAMASHITA himself was deeply moved and did not voice any opposition to the court."
FURUYA: "American investigation methods are smart; the procedure is definitely smooth, democratic and scientific. There is a lot for us to learn.
NAKATA: "President TRUMAN is right: 'Justice consists of love and wrath; both must be deep.'"
EITO: "The impartiality of the trials was such that justice GEFFUEN* could declare: 'Since the accused (TSUCHIYA) is an enemy national there is no American law for him.' The investigation never tried to intimidate the defendants."
NAKATA: "The attitude of the public procurator and attorneys was very democratic indeed and there was no reason to fear that the sentence would be heavy on the sols ground that the defendant was an enemy national. During the YAKASHITA trials there was no trace of enmity; a purely ethical point of view was in evidence. Compare all this with the activity of our courts during the war......"
ITEM 2 Dr. TAKANO Proposes Republicanism in the New Constitution - Provincial Newspaper Nagasaki Shimbun (Nagasaki) - 29 Jan 46. Translator: J. Weiller.
At the welcome meeting held in honor of NOZAKA, Sanzo on the 25th, Dr. TAKANO, Iwasaburo, an advisor to the Social Democratic Party and an authority on our country's social questions, proposed the convening of a conference for drafting a democratic Constitution to be undertaken by the people themselves and the adoption of republicanism with a president as the head of the country, and requested that these should be inserted into the program of the democratic front shortly to be formed.

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POLITICAL SERIES: 267 (Continued)
ITEM 2 (Continued)
Dr. TAKANO participated, as a member of the Association for the Study of the Constitution (KEMPO KENKYU KAI), in the recently published draft, but against the majority's opinion to admit the Emperor as a ceremonial existence, he and his minority upheld republicanism, and up till then withheld their opinion from the public. The gist of the doctor's assertion is as follows:
Since the Constitution is the law to fix fundamentally the people's political, social, economic and cultural life, it must be the people's charter determined by the demand of the people themselves. The adoption of republicanism with a president as the political head is the fundamental principle of a democratic country and without the sovereignty resting in the people we cannot call it real democracy.
Regarding the president, he should be elected by a general ballot for a term of four years and although the re-election is admissible it is not advisable to elect him for a third time. The Diet will be of a dual house system, and the composition of the First House can well be similar to that of the published draft of the Association for the Study of the Constitution, but regarding the Second House a definite provision should be set up that it should be composed of vocational representatives, such as landowners and tenants, capitalists and employed workers. Needless to say, what has teen twice approved by the First House cannot be rejected by the Second House. Other details can be left in the hands of specialists when it is drafted, but the fundamental rules should be set up according to the above assertion.
It appears that the present Emperor cannot exempt himself from war responsibility. In view of the purge directive of 4 January, the Emperor who is in the supreme public position as the Generalissimo and the Head of the Nation must naturally be responsible in one way or another.
What I want to see besides the above is that the representatives of the Social Democratic Party, the Communist Party, farmers' organizations labor unions, cultural bodies, organs of public opinion, etc assemble in TOKYO about the middle of May in order to hold a conference for drafting a democratic constitution. Such a conference should be convened not for appealing to the Government but to work out the Constitution with the people themselves, which is the fundamental principle of the people's life. I earnestly hope that the Social Democratic Party and the Communist Party will sponsor such a conference, and at the same time the convening of such a conference may be inserted in the program of the democratic front advocated today.
ITEM 3 Japanese Overseas ANDO, Seijun, Liberal Party - Tokyo Shimbun 1 Feb 46. Translator: S. Kawasaki.
The problem of our countrymen overseas is one of the most important problems facing the nation. Not only measures by the Relief Association but also a basic plan by the Government is required.
1: First of all, those who were in charge of businesses, colonization, culture, education, etc. should be assigned to the manufacturing industry and to the education of future JAPAN and should devote themselves to reconstructing a new JAPAN. The establishment of a permanent policy is urgently necessary. It is not right that the Government should have a part-tine organization to handle these matters.
2: The people should form some sort of powerful organization and establish a relief policy. Among repatriates, experts in agriculture,

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POLITICAL SERIES: 267 (Continued)

ITEM 3 (Continued)
industry, commerce, education, and labor, should be selected, and agencies organized.
3: In the past Japanese politics were wholly based on feudalism and military might. All such politics should be entirely eliminated, and must be replaced by democratic policies based on the will of the nation. From this point of view, it is necessary that men overseas receive attention and re-education. The Liberal Party has already begun to study this matter. Future Japanese cultural policy should be completely reformed. It must be democratized. The basis of its democratization is first of all, the respect of human rights. The problems of the relief of men overseas must be considered from this point of view.
ITEM 4 Examined by Control Council - Constitutional Reform and the Allied Powers - SCAP Reveals Attitude. Cabinet Meetings to Discuss Draft. Asahi Shimbun 1 Feb 46. Translator: K. Onishi.
Full Translations:
The Government discussion on the draft of the Constitutional Reform being in progress, the problem of the Constitution now becomes the central political question. This problem, however, is not to be solved merely by the Government and the Diet which is to be convened after the forthcoming general election. It requires the approvals of SCAP and the JAPAN Control Council, and it is expected that it will have to pass through a let of meandering before final decisions are reached. It was not quite clear how to ask for their approval, but on this point a SCAP spokesman at the press conference on 31 January revealed the relationship between the Government, the Diet, SCAP and the JAPAN Control Council, in connection with the Constitutional Reform.
"Of course, the question of what sort of Constitutional Reform draft is presented is a matter of great concern to the Supreme Headquarters and the Far-Eastern Advisory Commission. However, that its fundamental responsibility rests with the Japanese people is clear according to the POTSDAM Declaration. It is not required that the Constitutional Reform draft be approved by the Far-Eastern Commission before getting the Diet's sanction, nor is it required to come through draft prodecure after passing the Diet or to be presented to SCAP or to the Jar-Easters Commission for approval. However, as it is clear that the Supreme Headquarters has the right to examine any such important subject, it is quite natural that a constant touch be kept between the Japanese Government and the Supreme Headquarters while the drafting is in progress."
Regarding the wording "to be decided by the will of the people freely expressed", the pressmen asked the definition of the phrase "the will of the people freely expressed", and in reply, he said, "This means the Diet of the members elected by free democratic election in which the largest possible majority of the people participated." In response to the press question whether the forthcoming Diet is qualified for it or not, he stated, "That is beyond the scope of reply. All depends upon the development of the situation."
According to this spokesman's statement, we find the problem of the Constitutional Reform is governed by such complicated factors as the nature of the Government's draft, the Government's contact with SCAP, the nature of the forthcoming Diet, the examination by the Far-Eastern Commission, and so on. Regarding the relation of the Far-Eastern Commission and the JAPAN Control Council, it is stated, in a communique [illegible]of the MOSCOW meeting last year, to the following effect:
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POLITICAL SERIES: 267 (Continued)
ITEM 4 (Continued)
"Concerning the problems of the fundamental reform of the Japanese constitutional organization, change of regime, and total change in the Japanese Government, if one of the members of the Council does not agree with the Supreme Commander or his agent when putting into practice the decision of policy of the Far-Eastern Commission, the Supreme Commander will withhold the enforcement of his order until the opinions of the Far-Eastern Commission attain an agreement."
In view of this, in dealing with such an important subject as the problem of the Constitutional Reform it is understood that the Supreme Headquarters would naturally put it under the examination of the JAPAN Control Council which is his advisory organ consisting of the respective representatives of four nations, U.S.A., SOVIET RUSSIA, CHINA, and GREAT BRITAIN, and her Dominions, and in case any one of these nations raises objection to the final right to decide on the fundamental problem of the Constitutional Reform it is understood that it will rest with the Far-Eastern Commission.
The extraordinary cabinet meeting to discuss the Constitutional Reform Draft was held on 31 January, for two hours, from 1330 hours. In continuation of the previous day's cabinet meeting, the State Minister Without Portfolio MATSUMOTO explained the draft, article by article. Regarding the status of the Emperor, sovereignty, etc. which constitute the fundamentals of the Constitutional Reform, the Prime Ministers and other ministers expressed their opinions. Warm discussions were exchanged with State Minister Without Portfolio MATSUMOTO.
In the day's cabinet meeting, the discussions still converged around the articles concerning the Emperor. Hardly any progress was made. In consequence, things have come to such a pass that 4 or 5 more cabine meetings would be required before they complete discussion of the whole draft.
As for the Government, they intend to present it, as was first planned, to the Special Session of the Diet, but, in order to do so, it will take a good many days for such matters as contacts with the SCAP, consultations with the Constitutional Reform Council, the consideration at the Privy Council, etc., even after the Cabinet decision is reached. For the purpose of expediting the discussions it is expected that they will be continued at today's cabinet meeting which will be followed by a series of extraordinary cabinet meetings as far as the circumstances permit, so that the discussions may come to an end some time next week.
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HomePress translations [Japan]. Political Series 0267, 1946-02-03.
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