Press translations [Japan]. Political Series 0267, 1946-02-03.
Date3 February, 1946
translation numberpolitical-1099
call numberDS801 .S85
Persistent Identifier
POLITICAL SERIES: 267
ITEM 1 Appreciation of American Democratic and Scientific Judicial Methods - Provincial Newspaper Hakkoku Mainichi (Kanazawa) - 21 Jan 46. Translator: Paasche.
Extracts:
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.
Summary:
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.
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.
Summary:
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, - 2 -
- 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:
- 3 -
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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