Evening star., 1935-01-04
Cites Law Applicable to
Case of YOshio Matsuda

AZ bilC Lu1kOf o1 4hC otuAs
It is stated in the news columns
of The Star that the indications are
that no action will be taken against
Yoshio Matsuda, q Japanese naval
onicer, who was discovered making
photographs Of the st. Petersburg,
Fla. water front and Of the Trenton,
a 7,500-ton cruiser Of the United
States Navy now in the harbor Of that
city. It Is further stated that Capt.
William D. Puleston, director of the
Navy Departments Intelligence Divi-
sion, said there was no naval regula-
tion prohibiting the taking of pic
lures In q commercial harbor. OF
course, thf>e is no such naval regu-
lation" for the very simple reason that
the Navy Department has no authority
to make such regulation, except in
pursuance Of some law on the subject.
There Is, however, ample law cover
ing the case in question, and under
which such regulations could be pro-
mulgated, as will be hereinafter shown.
In 1910 two engineer officers of the
japanese Army were arrested In the
Philippines by the military authorities
upon the charge Of trying to secure
by bribery the plans of the great mill
tary fortress on Corregidor Island at
the entrance to the Bay Of Manila
from sergeant of the United States
Army, who had access to these plans.
These officers were imprisoned In the
Quartet de Spania in Manila by order
Of the commanding general. Shortly
thereafter they sued out a writ Of
habeas corpus in the Supreme Court
through an American law firm, Being
then assistant to the attorney general
Of the Philippines I was detailed to
represent the commanding general
and the commander in Manila, who
were the respondents. After a most
careful and painstaking investigation
in cooperation with officers OF the
judge advocates Office We concluded
there was no law under which these
men could be prosecuted. This fact
was cabled to the Secretary of War.
who authorized their release by cable
which Was done.
Very shortly thereafter I resigned
from the InSular Service and returned
to the United States. Soon after nv
arrival drafted law to prevent the
disclosure OF our national defense
secrets. The bill was introduced in the
House by Representative Richmond
Pierson Hohson, then a member of
Congress, and was promptly enacted
into law. 1t will be found in the
Statutes at Large Of the United States
Tor 1910 or 1911. At that time we
were the only Nation Of consequence
IN the world that had no such law, or
laws covering military espionage.
There are two sections of this law
that cover the case in question. They
are, as I recall them. sections 2 and 8.
which are Quoting from memory, in
substance, as follows:
Section ?. That it shall be unlawful
for any person when lawfully or un-
lawfully upon such a vessel or in or
near any such place or places or
property Of the United States to OBJ
tain, take, or make, without proper
authority, any document, photograph.
or Photographic negative, sketch, map,
or plan, or model of or otherwise pic
ture all or any portion of any such
vessel or such property, place or places.
or approaches thereto or the neighbor-
hood thereof, or anything or place
to be used in connection Herewith, or
knowledge of anything connected with
the national defense as aforesaid"
Section 3. That it shall be unlawful
for any person to sketch, map, make
typographical maps, or surveys of any
railroad. public highway, road, or
bridge on territory belonging to the
United States. subject to its jurisdic-
ton, or other public land or property
OF the United States, except as now
authorized by law, or to sketch, survey,
or take soundings, except as required
for the immediate needs Of navigation.
In any river, inlet, sea, harbor, lake
or other waters within the United
States, its insular possessions, or any
territory subject to its jurisdiction, or
in any way to collate data relating to
such places which might be of use in
the furthering of military or naval
operations of war against the United
States, or to have in his possession any
such data"
The law provides appropriate PEN
alties for the violation of any of its
provisions.
ALEXANDER SIDNEY LANIER.