Evening star. [volume] (Washington, D.C.) 1854-1972, 1957-07-12

ttGUG - Gd UfOs
Japan and the United States
became involved in . contro-
versy whether the respondent
Girard should be tried by a
Japanese court for causing the
death Of . Japanese woman.
The basis for the dispute be-
tween the two governments
fully appears in the afildavit Of
Robert Dechert. general counsel
Of the Department of Defense,
an exhibit to q Government
motion in the court below, and
the joint statement Of Secre-l
tary Of State John Foster
Dulles and Secretary Of Defensel
Charles E. Wilson. printed asI
appendices to this opinion.
Girard, a specialist SIC in
the United States Army, was
engaged on January 80. 1857.
with members Of his cavalry
regiment in q small unit exer-
else at Camp Weir range area,
Japan. Japanese civilians were.
present in the area, retrieving
expended cartridge cases. Gil
rard and another specialist SIC
were ordered to guard a machine
gun and some items of clothing
that had been left nearby.
Girard had a grenade launcher
on his rifle. He placed an ex-
pended 80 caliber cartridge
case In the grenade launcher
and projected it by firing a
blank. The expended cartridge
case penetrated the back of q
Japanese woman gathering ex-
pended cartridge cases and
caused her death.
The United States ultimately
notified Japan that Girard
would be delivered to the jap
anese. authorities for trial.
Thereafter. Japan indicted him
for causing death by wounding.
Girard sought q writ of habeas
corpus in the District Court for
the District Of Columbia. The
writ was denied. but Girard was
granted declaratory relief and
an injunction against his de-
livery to the Japanese authori-
ties. F. Supp. -. The pc
titioners appealed to the Court
Of Appeals for the District Of
Columbia. and. without await
ing action by that court on the
appeal, invoked the jurisdiction
Of this Court under % U. S. C.
> 1854 %. Girard filed q cross
petition for certiorari to review
the denial Of the writ Of habeas
corpus. We granted both peti.
tions. Supreme Court Rule 20;
353 U. s. -.
Treaty Cited
A security treaty between ia
pan and the United States,
signed September 8, 1851, was
ratified by the Senate on March
20, 1852, and proclaimed by the
President effective April 20,
1852. Article III Of the treaty
authorized the making Of adj
ministrative agreements be-
tween the two Governments
concerning "[tlhe conditions
which shall govern the DISPOSE
ton Of armed forces Of the
United States Of America In
and about Japan :" Ex-
pressly acting under this pro-
vision, the two Nations, on Feb
ruary 20, 1852, signed an adj
ministrative agreement cover
Ing, among other matters, the
jurisdiction Of the United
States over offenses committed
IN Japan by members of the
United States armed forces. and
providing that Jurisdiction in
any case might be waived by
the United States. This agree.
ment became effective on the
same date as the security
treaty april %, 1882 and was
considered by the Senate before
consent was given to the treaty
Article XVII, Paragraph /
Of. the administrative agree
ment provided that upon the
coming into effect of the
Agreement between the Parties
to the North Atlantic Treaty
regarding the Status of their
Forces" signed June 10. 1851,
the United States would con-
clude with Japan an agree
ment on criminal jurisdiction
similar to the corresponding
provisions Of the NATO agree
ment. The NATO agreement
became effective August %,
1881 and the United States
and Japan signed on Septem-
Der 20, 1858, effective October
20. 1858. q protocol agreement
pursuant to the covenant in
Paragraph / Of Article XVII.
Offenses Listed
Paragraph 3 Of Article XVII
as amended by the protocol
dealt with criminal offenses in
violation Of the laws Of both
nations and provided:
-. In cases where the right
to exercise Jurisdiction is con-
current the following rules shall
apply:
"(a) The military authorities
Of the United States shall have
the primary right to exercise
jurisdiction over members Of
the United States armed forces
or the civilian component In
relation to
I'D offenses solely against
the property or security Of the
United States. or offenses solely
against the person or property
OF another member Of the
United States armed forces or
the civilian component or Of q
dependent;
"N) offenses arising out Of
any act or omission done in the
performance Of ofncial duty.
"(b) In the case Of any other
offense the authorities OF
japan shall have the primary
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