Evening star., 1945-12-19
be mathematically exact. Each is,
in effect, a frozen star, framed by
the Maker of the universe.
The TIGERS Respite

OpOl lcdTulIlS LIldC The supreme
Court had ordered stay of execu-
ton for General Tomoyuki Yama-
shita, Japan's Tiger of Malaga"
one Filipino is reported to have COM
mented: "The trouble with the
United States is that they are too
soft" And another indignant resi-
dent of Manila said: "Yamashita
should have been hanged without
trial in the first place"
In all probability these comments
reflect not only the prevailing senti-
ment among the Filipinos who suf-
fered so grievously at the hands of
Yamashita's troops, but the attitude
Of many. if not most, Americans as
well. Theirs is point of view, how
ever, which must be based on a
misinterpretation of what the court
has done.
Actually, the decision to grant the
stay implies nothing more than that
the justices have not yet decided
whether they should review Yama-
shita's case. And even If the ulti-
mate decision should be to give him
a hearing, that would be motivated,
not by any softness or sympathy for
the japanese general, but by a
proper desire to insure appropriate
judicial consideration of the one i'm
portant issue which has been raised
by the conviction of Yamashita by
an American Military Commission.
In asking the Supreme Court to
intervene in his behalf, YamaShita,
or his counsel, raised some questions
that are trivial. 1t was contended,
for instance. that the proceedings
before the military commission were
invalid on the ground that there
were no active hostilities in the
Philippines at the time of the trial
and no military government of oc-
cupied territory. Another equally
trivial ground was that no notice of
the impending trial had been given
to Japan's protecting power.
There is small likelihood, however,
that either Yamashita or his coun-
sci are basing their hopes on such
inconsequential complaints as these.
What is undoubtedly the main basis
of his appeal to the Supreme Court,
and the contention which may cause
the justices some concern, is set
forth in this language: THE petit
toner (YamaShita) believes that his
petition should be entertained by
this court for the additional reason
that the trial of a general of a van
quished nation by the victor nation,
on a charge that presupposes that
he is the guarantor of all actions
of all Of his troops is a novel con-
cept, and that any such trial by a
purported agency of the United
States should be carefully scruti-
nized by the courts, and any attempt
to avoid such judicial considerable
should be circumvented."
This appeal is predicated on
Yamashita's principal defense,
namely that he did not know what
his troops were doing in the Philip
pines and that, lacking knowledge,
he cannot be held responsible for
their acts. Whether this claim is
worthy of belief, or whether, even
if true, its acceptance as a valid de-
tense would meet with popular ap-
proval, are matters that are beside
the point. The important thing is
that the principle sought to be es-
tablished here apparently is a novel
one, and it is at least conceivable
that, once established, it may react
to our embarrassment in the future
In this situation the Supreme Court
is not properly subject to criticism
for taking time to consider whether
it ought to intervene, and, II so,
what the nature Of its Intervention
should be,