1948-12-21 — Page 1

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TODAY'S WEATHER: Light East and Boulbeast winda; cloudy. and mild, willi; fag to seaward, becoming osoler tomorrow.bbw

Now Observations: Barometrio preieure, 1016.1: mbo, 80.81 In. Temperature, 69.0 der, F. Dew Dólni: 68 der, F. Relaliye humidity 91. Wind direction EBE. Wind force 8-knots, the

High"water; 4 ft. 7 in, at 9.38 p.m.. Low waters 4 f6, 2-In, ak- 5.35 1.m

Dine

Thongkong Telegraph. P.G.

VOL. III NO. 801

Dies At Age

Of 85

Beverly Hills, Californin, Dec. 20,--Sir C. Aubrey Smith, the British screen star, died here today, at the age of 85.

Sir Aubrey only recently. finished a role in “Little Women."

Few of his friends were aware, he was seriously ill, although he had been suffering for some time from a heart ailment.→→ Reuter. -

SNOWSTORM

-BRINGS 17.

DEATHS

TUESDAY, DECEMBER 21, 1948.

U.S. SUPREME COURT VOTES AGAINST WAR CRIMINALS' APPEALS Decides It Possesses No Power To Intervene

Washington, Dec. 20.—Tojo and six other Japanese warlords must die on the gallows.

The United States Supreme Court decided on Monday it was The Court voted without power to interfere with the executions. 6-1 that it had no authority over the eleven-nation International Mili-, tary Tribunal which condemned the seven to death as war criminals. "We are satisfied that the Tribunal sentencing these petitioners is not a tribunal of the United States," read the unsigned opinion of Chief Justice: Justice Douglas Vinson and Justices Black, Reed, Frankfurter and Burton.

said he concurred but would announce his opinion later. Justice Murphy dis- sented but wrote no opinion. Justice Rutledge reserved decision. Justice Jack- son took no part.

now occupy "The United States and other Allied countries conquered and

"General Douglas MacArthur has been<80= | and control Japan," the opinion stated. locted and is acting as the Supreme Commander for the Allied powers. The Military Tribunal sentencing these petitioners has been set up by General MacArthur, as the agent of the Allied powers.

"Under the foregoing circumstances the courts of the United States have no power, or authority to review, to affirm, set aside or annul the judgments and sentences imposed on these petitioners and for this reason the motions for leave tofle petitions for writ for habeas corpus are denied.”

The

opinion presumably

was both sentenced to death, General written by Chief Justice. Frederick Yoshijiro Umezu, given. Life im- Vinson. The Chief Justice or-prisonment, and Mamoru Shigemitsu, New York, Dec. 20marily writes such opinions.

The court given seven years, denied them a hearing by citing the least 17 people died in the great The court thus turned down re-

convicted' Japaneso | same opinion. quests by the snow storm which struck New wartime officials that it déclare the York and the New England International Tribunal illegal and

order their immediato release. States during the weekend,

Five people died in New York City, five in New Jersey and seven in New England. Six other deaths were reported from other parts of the country.

Four of the six justices, Vinson, Reed, Frankfurter and Burton, held the opinion even before the hearing that the court lacked jurisdiction Former Premier, Hideki Tojo did and voted against A hearing. not appeal. The decision, however, Justices Bluck and Douglas voted affects him and all of the 24 other previously with Murphy and top Japanese war leaders convicted Rutledge in favour of a hearing. Justice Jackson, chlof United States by the International Tribunal.

The court acted on two groups of prosecutor of the Nazi war criminals, appeals. The

broke the deadlock by voting first

filed by was

of for a hearing but said at the time Tho 19-14-inch snow blanket American attorneys in behalf

former Premier he would not vote on the final deef- which covered New York-the third seven defendants:

Koki Iirota and General Kenji. -heaviest in the elty's history failed Dothers, both condemned to death, to halt its bustling life, but the city's Kolchi Kido, adviser to the Em two great airports remained snow-r bound.

Idlewild airport was later TC. opened to traffic, but La Guardia remained snowbound. '

of

sion.

"COUNSELS' ARGUMENT

of Chicf Oka, Takasum! peror,

Counsel for the appealing Japanese Naval Affairs, Kenryo Sado, Chief argued that the International Tri- the Military Affairs Bureau, and

bunal was a "purely national" and Shigetaro Shalmada, Tojo's Navy illegal creation of the United States. Minister, all sentenced to life-in- Dissenting Justice Murphy gave n prisonment, and Shigenori Togo, former Foreign Minister given 20 years. Their appeals were argued before the court last Thursday and

City: workers from outlying areas were held up but they nearly all got to work. It will take days to clear up an; the side streets and Friday. New York seems destined to have Later appeals were filed on behalf Kimura and a white Christmas: and possibly a of General Heitura white New Year-Router.

Lieutenant General Akira Muto,

EDITORIAL

I

The Important Issue

With less emphasis on the social advantage of belonging to the force, and more on t obviong practical value, the appeal would carry more weight," There is a very old, and very popular Army saying: "Volunteer for

is unfortunate that Govern-, ; creational facilities. ment has Involved the Hong- Club in its plans konk Cricket for.. the new Defence Force. Unfortunate, nat 80 much because the loss of their ground

injustice Att

to HKCC slic members, or because the

used for a could be better

because the City Hall but

obscured the controversy has

Is

real importance of the A mailer of

of supreme importance the level has been lowered to

KCC

A

war.

of parish pump polities. members have been quick fo protest against their eviction. but their plea of service to the Colony cannot be a serious

the develop brgument against

what will be of ment of Infinticly

service A mort citizen force capable of main- taining Internal peace, if not

full-scale of fighting The threat of Internal sirifs-in Hongkong, though not Imminent, Is mere apparent than thit real war. It is a threat which cannot be ignored, and it is en- a concreto to 800 couraging Government plan to

back up

the statements from Whitch-1 that In Hongkong Ic Dower commitments, in Industry

befor

of

2.

and

Colonel M. P. Echols, General MacArthur's press spokesman, sald the Supreme Court decision cleared the way for immediate execution of the seven condemned men but that no action would be taken ba- fore

General MacArthur had re- deived formal notification-United

Press.

The Princess Dances

Princess Margaret dances the Samba withTMan'uniden- tified partner at a nurses* benefit ball held in London.

AP Picture;

Curtain

Censorship

Hides Operations By Dutch Troops

Batavia, Dec. 20-Dutch troops, operating behind a curtain of censorship, tonight claimed advances--on-widely spread fronts--in--Java--and Sumatra în a tersely worded communique issued by the Dutch Army Headquarters here.

For

Reservations

Price 20 Cents

Tel: 27880.

SUN FO'S PEACE POLICY AROUSES SPECULATION

Names Of Likely Cabinet

Shanghai, Dec. 21.-Premier Sun Fo's simul- taneous announcement of the formation of a war cabinet and willingness to discuss an "honourable peace" with the Chinese Reds today blasted a hole in the wall of the months-long official government stubbornness to deal with the Reds at no place except on the battlefields.

Dr Sun Fo's announcement presumably has the Generalissimo's blessings as heretofore all talks of pence have been on the list of subvorsivo action with the threat of heavy penalties...

It was too early this morning to round up reactions, but in official American circles as well as liberal Kuomin- tang quarters, the announcement is expected to be met with the widest acclaim.

The makeup of the Afinisters] Chlang's secretary and now director without Portfolio section, including of the Protocol Department of Chen Ll-fu, Vice-President of the Foreign Affairs; National Resources Legislative Yuen, is most significant. Commissioit Wu: Shang-ying, Chen Li-fu for years has been Secretary General of the Legislative credited with being one figure who Yuan; Communications, Liu Wei- blocked the liberals efforts to win chih; Justico, Mei Juno, Chinese, considération of.

Justice in the Tokyo War Crimes reaction will Trial; and Land Affairs, Halao Chen. determine of course the chances of The group of Ministers without the the peace trend. The recent and Portfolio will be in charge of policy current military success today found making.

Tha-Chincas Peace, discussions

the Reds

pounding southward to

ward the Yangtze and Nanking on- NO OUTRIGHT SURRENDER cho front and In

closing a double noo

noose

ping and Tientaln.

Dr Sun Fo regretted that ho

Pel- was not ableýto reach all schools of opinion when some outstanding

Many feel that the Chinese Rods officials declined to join the Cabinet

mentioned Dr Hu

might consider themselves in com". He for Ambassador ·

plete command of both militory Shih,

and political situations, wherefore Washington and

"

they will refuse anything but allout National Peiping.er

concessions to their terms..

PROBABLE CABINET

ex-

head of the

was the first

an

time since

un-

of the Kuomintang» The official announcement of the the Cabinet list is expected to bo re- Communist conferences. In January

Premier openly vealed today. This list is believed. 1947 that a

nounced proparedness to discuss un to be as follows:

Premier Sun ro, Deputy Premierhonourable peace" with the Reds. and Foreign Minister Wu Te-chen, However, Premier Sun emphasised Ministers without portfolio

and re-emphasised that his Cabinet Premier Chong Chun, Chang Chi- will not surrender outright. cu០៩. Northwest military com- Just what would be considered mander; Chen Li-fu, Wong Wen-hao, as an honourable peace," the Pre- ex-Premier; Interior, Huang Lon-yu, mier declined to doing, saying that former Secretary General of the Na-would have to coma later. tional Assembly; Finance,

lisu Kap,

One angle of speculation aroused Incumbent; Food, Ku Cheng-chang by the departure of ex-Minster of Social Affairs; Health Generalissimo polley was whether Robert S. K. Lim, at present Chief it would result in another over-

Medleni the Army

Corps

of

the Axed

push

Education, Li Chon, formerly Pre-ture to the United States-to-send- sident of Pelping Normal College; a n' mediator.

The failure of the Marshall MIS- Industries and Commerce, Huang sich was the signal for the Red Shao-halung, formerly chairman of that started the government down the Cheklang provincial government; National Defence, possibly David Yu, | hill. i

It is also believed that Russia now Minister of Communications; Social Affairs, Trung Tian-hain; will. want to have a volce in the Overseas Affairs, Chan Chak; Go-Bettlement-which is generally con- vernment Information Offee, Shen sidered as one of the reasons why Chang-huan, formerly Generalissimo

(Continued on Page 5)

England's Thrilling Test Victory

Since the Dutch imposed a press censorship at the beginning of their "police action" against the clue at last week's hearing to his Indonesian Republic on Saturday night, virtually the only operational news from the interior has come reasoning. He questioned attorneys closely on the scope of General Mac-

from the Dutch Army Headquarters. Arthur's control over the proceed. ings as Allied Commander-in-Chief

It degree of American was understood that Dutch and on the Authority over General, MacArthur, ground forces might have linked up the paratroops, though no Attorneys for the Japanese argued with that General MacArthur's netions official disclosures were made. Im- are subject to orders from Washing portant operational news was, how-

the Japanese. ton and he is guoler of

ever, promised

tomorrow. Tonight's communique said that They told the court it should pro-

actions claim its power over

of Dutch Marines had reached, the out- American participants in the Tokyo skirts of the important oil centre Inland from proceedings lost the United States of Tiepes, 40 miles

on the Erst Jova coast officers on foreign soil be left free Tocban

where to "carry on a reign of tyranny.'

they had landed yesterday. Associated Press,

In East Java, Dutch troops strik- from the merrison Ing southeast town of Malang had reached Toeren, 16 miles away,

."

`TO APPEAL AGAIN Washington, Dec. 20-John G. Brannon, counsel for six Japanese defendants, today said he would le a motion with the Supreme Court tomorrow (Tuesday) morning for you won't go far wrong.

rehearing,

Hothing

So soon after the war, when so many men have had their

and of square-bashing да discipline

Tit

And Government

Loo

widespread among cand l-

Will

rent Handling of the

rc-

campaign essential tu overcome it. But the

riot hopeleas. In eme, Pizilian La

British Army

has always

the

uro no

above its traditional rumbling and

he grousing.

Though "admit hesitates to

*it, every soldier has

strong sense of duty. when he can see, the reason for.

tions. Civilian different. What is needed, is a 07mpaign to put over

the publie the potential dangers, and the necccally for the now force. Sports fields and cocktail parties are not enough: they are avail. "ablo"cisewhere" without the ́dis- advantages of ... gelling inlo uniform. Men must be told

to

д

He said the motion would be un the ground that the High Court's judgment in refusing jurisdiction was based upon the fact that it had found the Tokyo Tribunal not a tribunal of the United States.

"

In West Sumatra, the Dulch ob- jective appears to be the Republi- can capital of Bockitting, the Re- publican capital in Sumatra.

According to the communique, Dutch forces driving through

districts from the rice and coffee part of Padang were within 47 miles of the city.

the

SCORCHED EARTH THREAT

Durban, Dec. 20.—In one of the most thrilling finishes ever seen in ta Test match, England snatchd a two wickets win off-the last ball in the first Test against South Africa hero today.

i

The crowd, cheering every run and every fall of wicket, jumped about with excite- ment as both sides struggled for victory during England's second innings, for a long period which the outcome was altogether in doubt.

At the close, the scoreboard read:] down, South Africa were 179 for 0 | Begbie was caught off. Bedser for South Africa 181 and 219; England After the stand by Wade, and | 48, und Oswald Dawson fell to a 253 and 128 for a.

Beeble, South Africa__loạt two | catch off Wright's bowling, for three,

in the space of five ruins.

(Continued,‚oa, Pago (5)

After dismissing South Africa in wickets their second innings, England wero left the task of scoring 120 in 230 minutes, with bad weather threaten- ing to bring play to a premature close

Battling in the fading light, which was worse than at any, time in the wickets match, their

tumbled to the fast bowling of 10-year-old Cuan McCarthy, playing in his first

• HOW SCORE WENT

In Singapore, the Indonesian Re-Test. publicans, have threatened a policy of scorched earth in Indonesia which would "bring chaos to the whole country."

!s

is not the real issue in Noen he

ho' added. The defence United States could

The scoro went from 40 for two not legally

against enact 'crimes.

The United Nations Good Offices to 70. for six. Then Denis Compton peace, of which accused were con-

Committee in Java today charged (28) and Roland Jenkins (22) gove The the Dutch with breaking the 11- England a fighting chance with victed, by executive action.

South constitutional months old Renville truce agree seventh wicket stand of 45. was a purely

victory leaped one, whelber Congress should have ment when they launched their Africa's hopes of decided this new offensive or whe offensive with on Saturday night, again when the next two wickets (This agreement was signed on fell for the addition of only one ther the President lawfully could

board the American naval have done so."

transport run, but Aloo Bedser (one not out) have do

Filing a motion for relearing ex- Renville last Januaryported to the ad The

and Cliff Gladwin (seven not oul) The Committee, hausts all legal avenues open to the

for England. defence, In view of the Court's six Security Council that the Dutch victory for not to gain a great The excitement was so tense pt, not con- communication ending the truce to one decision, it was sidered likely it would consider.Mr came too late to notify members of the close that the umpires forgot to motionfavourably the Committee in Central Java and signal the leg-bye of Gladwin's Brannon's

as far as was known no official thigh, which brought victory United Press.

ball of the notification reached the Republican England off the EXECUTIONS SOON capital of Jogjakarta before the match.

hostilities

McCarthy

Wonderful Test Tokyo, Doc. 21-Well-informed

reported to

took aix wickets for 48 runs sald General Council that, Article. :10 sources today MacArthur was expected to order Renville agreement, providing that The foundation of South Africa's the execution of Hideki Tojo and both the Committee and the other great fight was laid in their second six fellow warlords as soon as he party must be notified of the end Innings by Wade and Begble who received formal nollocation, that the ing of the truce, had not been ful- took part in akeland of 36 for the

The day on Britain's man-honestly of the nood for thef

Hongkong

and the Services, are too many for her to neriadn with enough Regular troops to ensure internal security:

locally

the

reccülled defence force in only, alternative. But/ On effort to gain mupport for the Home Lorde, Government fur laid Kmuch stress on ita re-

services, and shown, that those nervloem will be used to the

best

the

Pervantage.. If that is dont respouse will not be lacking. Government deserves to bo backed up to the hilt In Hs efforia and the loss of cricket ground, or the need for a new Cily Half must not be allowed to for the landnotesand

the Commition

to the

lito In

debur

10

United States Supreme Court had filed theranda letter announcing Ofth wicket, W getling 03 and announcing Begbie a Changing BASERRIES BE

refused" to "Interveno in the wat, The crimes trial,

His decision not to be bound by the Btarting the day two runs behind, It was belloved the hangings might truce after midnight on Baturday with four, agcond innings wickets Luo announced at any hour):

(Continued on Paro !) at lunch and led by 87 runs.

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