Evening star. [volume] (Washington, D.C.) 1854-1972, 1957-07-02
Supreme Court
Receives Briefs
In Girard Case
By ROBERT X. WALSH

today for Supreme Court consid-I
Grafton Of the Girard case, with
the Government contending that
even If the tribunal finds a
United States Japan security
agreement invalid. Japan would
have sovereign jurisdiction to try
the American CT.
The high court next Monday
hears four hours Of oral argu-
ment on the Governments ap-
peal, as spelled out in q Justice
Department supplementary brief
late yesterday. from a decision
by District Court Joseph c. Nc
Garraghy here.
Attorneys for Army Specialist
l3/c William s. Girard also filed
a further statement as the basis
for the July 8 hearing. They
asked the Supreme Court to af-
firm Judge McGarraghy's ruling
that Specialist Girard cannot be
turned over to Japanese courts
flor trial on charges of fatally
wounding Japanese. woman
Iforaging for scrap metal on an
Army range in Japan last Janu-
larry.
Charge Error by Judge
But they also requested the
court to rule thai Judge Nc
Garraghy was wrong in refusing
a habeas corpus writ that would
have released the CT from
Army arrest.
BY thus contending that he
is being held illegally under ar
rest without charges. the Girard
brief was regarded in some quar-
tiers today as raising a doubt
whether he could be subsequent
lily arrested and tried by Army
court martial as long as he re-
mains in the service. His Army
term expires In October.
1.-THE continued detention OF
Girard in restraint, without
charges being filed against him
and after it has been judicially
determined that he may not be
turned over to the Japanese gov
eminent for trial is unlawful
and illegal" the Girard lawyers
claimed.
Blame Pressure
They attribute this asserted
"error" of Judge McGarraghy to
pressure for a quick decision.
They complained that Secretary
Of State Dulles pressed for a
quick determination to prevent
great embarrassment to the
Government of the United
States"
If there be any embarrass-
ment.' they said. ''it was brought
about by his own acts which
were designed to bypass the
United States Senate in contra
vention of the United States
Constitution and in diSobedience
of the Senate's express man
date"
The much longer and more
comprehensive brief filed late
in the afternoon by Attorney
General Brownell and Solicitor
General j. Lee Rankin rested
its case mainly on "the interna-
tional aspects which the District
Court has totally ignored"
Unlike the brief submitted by
the Justice Department 10 days
previously on the question OF
Supreme Court review, however
the written argument contained
fewer warnings of the danger to
international relations if Spe-
cialist Girard were not tried by
Japan.
Government Argument
1t summed up the Govern
ment's basic argument this way:
Under international law,
Japan is sovereign within its
. own country. In the absence Of
express or implied agreement to
the contrary, United States off,
Gals within Japan would be
obliged to make the respondent
(GirarO available to the Japa-
nese authorities for trial there.
Thus, If the international ar
rangements between the United
States and Japan are invalid,
the respondent is plainly subject
to the exclusive jurisdiction of
Japan and has no claim what
ever in American courts.
"And if, as we assert, the
security treaty and implement
ing arrangements are valid,
they indisputably authorize the
United States, In cases where
the jurisdiction of the United
States and Japan is concurrent,
4 n -