1930-05-13 — Page 1

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MASON'S DELICIOUS

O.K.

SAUCE.

Court

Hongkong Daily Press

No. 22.44號建零百肆仟式萬弍日伍拾月肆年午庚

AQUARIUS

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ESTABLISHED 1857.

HONG KONG, TUESDAY, MAY 13, 1930.

Begistered as a Newspaper at the General Post Office in the United Kingdom.

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CONSTITUTIONAL CLASH.

CONTROVERSY OVER NAVAL CONFERENCE AGREEMENT.

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LOCAL MAPS

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From the Joint Waggon Boiled Leg of Lamb, Caper

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(UNITED PRESS.)

The question as to whether or not resented by Parliament advocates He pointed to the testimony of the Cabinet acted properly inbat has never been called into ques-Admiral Takarabe and Mr. Tsuka- deciding on its reply to the Reed- Matsudaira compromise proposal, threatenes to become a constitution- al controversy in the present session of the Diet. Before the reply was decided on the Navy Council draft ed its suggestions and placed them under the consideration of the Cabinet, but the official reply draft ed by the Foreign Office was decid- ed on by the Cabinet without the consent of the Navy General Staff and without even communicating it for its consideration. It was

In the Diet, which is for the most after the devision was made in the

part not much more than a debat. Cabinet Council that the Chief of

ing society and has no authority to. the Navy General Stafi was inform

decide a constitutional question of ed of it by the Premier. The de-

Military Interference.

this sort, neither argument will be One Justification of this is that it conclusive. It can at most only by the Premier to the Throne.

frees the control of military affairs create an idea of the gravity of the Two days later the Chief of the trom being drawn into politics, but problem, but later the Government Navy General Staff sought" an in practice it has often enabled, will have to face the charge in the audience with the Emperor and unintentionally or otherwise, mili. Privy Council of having meds a made a direct presentation of history influence to interfere in poli- constitutional error. Besides, it is stand, the exact nature of which is tica. One may go on disputing on technically a grave question for the not known and will probably never the good and evil of it to the end navy and army. Neither would be made public. But it is scarcely of time, but that is zal the ques like to see a precedent established to be doubted that it was an ex- tion we are concerned with bere.of its counsel on national defence pression of regret, if not a protest,

The question is this: The Emperoreing ignored or orezruled with at the decision of the Cabinet. The

is the head of the army and navy impunity by an ephemeral Cabinet chief point of controversy which in a specific direct sense, and the that comes and goes. . will develop in the Diet is whether Army or Navy General Staff is an such apparent overriding" of the institution specially charged by navy's counsel by the Cabinet is statutory definition with the respon

The orthodox or reactionary (if sibility of maintaining national de you prefer to call it so) inter- trace and military strategy This pretation of the Constitution being being so, is it constitutional for broadly as outlined above, and pro- the Cabinet to decide a question of tected not by a mere controversial national defence by ignoring the theory but by an institution or suggestions of the Navy General institutions that can act no prac Staff or without obtaining its un-tical statesmen can afford to ignore derstanding? Is not such a decis it. It is not an abstract question aion a constitutional error that of practical wisdom. compromises the provision's of Clause II of the Constitution!

tion from above and no Cabinet has moto, to which reference has al ever dared to fight against it. ready been made. To this Premier On the contrary, as Mr. Hatoyama Hamaguchi replied that the Govern- pointed out, there is the record ment did not consider that the that Admiral Takarabe and Mr. navy's demand had been ignored. Taukamoto, who was the head of the This is another evasion, since the Legislation Bureau, said in cer-Chief of the General Staff cannot tain session of the Diet that the be made to appear in the Diet to responsibility of State Ministers to give a contrary view. But the fight the Emperor defined id the con- will not stop here. It will be stitution did not include the respon-carried on, and a more closely-knit sibility of Clause. II. of the con-interpellation will probably appear stitution regarding the supreme in the Upper House. commandership of the army and navy. That responsibility rests on the Army and Navy General Staffs.

constitutional or not,

The agreement signed at London will be criticized by opponents of the Government in both Houses from various points of view but Aone will be so technical as this constitutional controversy. The in- terpellation of Dr. Hanni, a noted. lawyer and trenchant debater, in the House of Peers will be watched with particular interest on this con- troversial point. Those who think broadly of British constitutional practice may have their common sense point of view, and it cannot be denied that one of two cross currents of political development of this country has been steadily flow ing, "broadly speaking, in the direc tion of the British practice. But new and then at critical points the other current, which draws its vitality from super-party in- fluences, has technically reasserted itself with regular frequency. Emperor the Supreme Commander, The Constitution explicitly states that the Emperor is the Supreme Commander of the Army and Navy. The Emperor, who is the inviolable head of the State, is theoretically the head of everything. But it is not in such a general sense that the explicit provision regarding the Supreme Commanders of the Army and Navy is made in the Constitu- tion. It means, in the opinion of orthodox constitutional interpre ters, that the, question of national defence and military strategy is directly subject to the Emp. or and not through the Cabinet. The prac tice of making a direct presenta tion to the Emperor by the Chief of the Navy or Army General Staff is based on this conception. This practice has from time to time been

Diary

Today. (May 13:)

Queen's Theatre: "They had to see Paris."

World Theatre: "Wickedness Pre- ferred."

Star Theatre: "Midnight Rose," Majestic Theatre; Parisian Nights."

Sanitary Board Meeting.. H.K. Football Association

The London Conference.

The present writer (United Fress Correspondent) has pointed out The defence of the Government from the beginning that the ap against this charge is double-edged pointinent of a civilian chief de The one edge of it is that the legate like Mr. Wakatsuki was a opinion of the Navy General Staff mistake for the Government. Had is but cne factor for deciding the Admiral Takarabe or Count Yama- question of national defence, which moto or even Viscount Saito beer. in its broad aspect must include the appointed as the chief delegate, consideration of international har- there would probably have been no mony and economic and financial embarrassment to the Government problems at home. In a time of for arriving at an agreement. Any war the question "of national de- of these men would have recognized fence shall be exclusively left in the at London that the Conference. hands of the Army and Navy would break or Japan had to make General Staffs, but in ordinary same concession, and he would have times it is a bronder problem re-chosen a break no more then Mr. quiring the considerations that fall outside of the province of the army and navy.

Cabinet's Responsibility.

Wakatsuki did. He might have striven for a compromise at twelve 8-inch gun 10,000-ton cruisers. He might have chosen to get a definite long agreement even ai

little In the Diet. Mr. Inukai pressed more modest ratio rather than hav the Government's responsibility by ing the temporary half agreement painting out that the Chief of the Mr. Wakatsuki has made. In any Navy General Staff said that the case his decision would have been was accepted by the Navy as Admiral Reed-Masudaira compromise unsatisfactory for the national de Tomosaburo Kato's decision fence of this country, To this accepted. There would have been Premier Hamaguchi said nothing, no necessity for the Cabinet to over- but simply replied that in the Diet ride the suggestion of the Navy the Cabinet is alone responsible for General Staff, which could be made the national defence. This is true because a civilian, who had no in the sense that the Chief of the power over the navy, was the chief Navy General Staff has nothing to delegate. In short the constitution- do with the Diet, but is an evasion ial controversy, which is now cm- good enough as a Diet reply.

WILS

barrasssing the Cabinet, could have Therefore Mr. Hatayama made been avoided if the Gorerninent had an attack from a different, angle. I had his foresight.

of Coming Events.

World Theatre: Wickness Pre- ferred."

Tennis:"B" Div.: C.R.C... 1 B.K., Club de Recreio v. Nippon Club, Craigeagower C.C. v. Hong Kong C.C. R.E.S.O.. U.S.R.C., K.C.C., European Y.M.CA., H.K. Meet-University T.C... C.S.C.C., I.R.C. 17. S.C.A.A. "C" Div: H.K.C.C. Tea Dance: Peninsula Hotel, 5. H., University T.C., C.S.0.0. . Garrison T.C., Filipino Club 7. p.m.

Nippon Club, S.C.A.A.. K.C.C., Dinner Dance Peninsula Hotel, C.R.C.n. Club de Recreio. 8 p.m.

Ling.

European Mails:

Laward:

Thursday.

(May 15.)

Star Theatre: "Midnight Rose."

Queen's Theatre: "Madame X.” Majestic Theatre: The Blood

World Theatre: "Cossacks." Ship."

Star. Theatre: Rescue " Annual Meeting, Ching Under-European Mail: Europe vid

Siberis (Emp. of Canada), 10 a.m. writers, H.K. Bank Building.

Friday, (May 10.) Queen's Theatre: Madame X" World Theatre: "Cossacks." Star Theatre: "Rescue." Ordinary General Meeting of the Canton Insuranet Office. Ltd, at the Offices of Messrs. Jardine, Mathe son, & Co., Ltd., 12 moon/" me

Tea Dance: Peninsula Hotel, 5

Dinner Dance: Peninsula Hotel, European Mails: -Inward: Europe vid Negapiatum, letters only (Kursang); Outward. Europe vi Marseilles (Hakone Mara), § p.m.

Mixed Doubles: L:R.C. v. Q.Q.C.

Na. 6209:

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Onbwards, Europe (Patroclus), 69.m.,

Wednesday..

(May 14.) Queen's Theatre a

dame X."

and Farewell Dinner at Lane, 18 p.m. Crawford's, 7.30 p.m.

Tea Dance: H.K. Hotel. 5 p.m. Dinner Danco: HK. Hotel, 8

p.m.

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