The Archive · 1939

General Yamada Speaks

General Yamada, Commander-in-Chief of the

Japanese forces in Central China, recently. Addressed the foreign press in a Jong expected interview which originally was to have been held six weeks or so ago. General Yamada had surprisingly little to say in view of the tense coal andi international situation, but he probably was guided by the army' manual. advice that "a soldier's job is" to" ght, not talk. Rare in the public utterances of leading Japanese during the present hostilities, "he goes down in record, in the English language, as referring to the Chinese as "enemy forces." Such a description, in English at least, has been studiously avoided by Japanese spokesmen because as there is no war there can be no enemy. Gen, Yamada described some of the difeulties of the hostilities regarding the Japanese and third parties and pleaded for ce-operation and understanding to avoid the many unfortunate incidents which are occurring. DiMeuities of language, custom and usage and ware lime psychology on the part the Japanese soldier were quoted as some of the reasons. He algo mentioned bombing of third party" property, offering an explanation of the conditions in Which alr raids are carried. out as some cause for mistakes. Unfortunately, Gen, Yamada was so pressed for time that he was unable to answer questions otherwise he might have been asked to explain the bombing, of the two British ships at Ichang on August 6, which remains as batling a mystery as ever, especially as it has since been discovered that the aerial photographs tending to prove the ae-curacy, of Japanese bombing during the (we raids did not Include the steamers which were bombed and destroyed. The most essential photograph covered a stretch of river and land Property well beyond the spot where the two steamers and HAMS. Gannet were moored. These vessels were not even in. the picture, which makes the counter-evidence less con clusive than ever. "Nevertheless, General Yamada's statement will be welcomed as a step the right direction to avoid some of the unfortunate happenings which have marred Japanese activities in the Yangtze, and. in= leates om cial recognition of the situation Foregone Conclusion The result of the application for a writ of habeas corpus in the High Court in London, in connection with the case of the four Chinese alleged to be connected with the murder of the Chinese Customs superintendent in Tientsin was almost a foregone conclusion. As in Shanghai, the Court dismissed the application, and it is diMeult to see what other conclusion could possibly be arrived at. The men for whom the writ was applied were not subject to the jurisdiction either of the Court in London or in China. They were foreigners in their native land, and ordinarily subject to the jurisdiction of their own courts. It was obviously impos-[sible that either application could succeed in fhaviny the men brought before a British Court, and if there could have been any success at fall it could only "have been in obtaining an forder that the men should be released. If they could not be brought before a British Court it is not easy to see why it should be able 10 exercise only a portion of the remedy which habeas corpus proceedings are intended apply. There is, however, always the possibility that the matter may be' carried to the highest [British tribunal, and that decisions already: reached may be reversed. One of the most astonishing suggestions was made in the contention for the Crown that there was no ease fon record where a writ had been obtained in relation to a foreign subject on foreign soil, leven for a British subject on foreign soil. If that is taken to mean that such a writ could not be issued in connection with a British subject in China it.must clearly be erroneous, Tt may be quite tine that all. the provisions of British law do not apply to Britons in China, but it would be a matter for very considerable [surprise if, in the British Supreme Court exfercising jurisdiction in China, a British subject were unable to obtain a form of relief which by now is a traditional right. Happily the point is never likely to be tested, for ordinary procedure provides again undug delays in bringing an arrested prisoner before the appropriate Court.

Text read from the printed page and cleaned; old type leaves the occasional error.

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