o
52nd Year
Price 10c
Tribune
EDFORD
-f-uli Leawl Wire
Unitea Press Full Leased Wire
SECOND SECTION
MEDFORD, OREGON, FRIDAY, JUNE 14, 1957
8 Pages
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Controversial Girard Case Becomes Clouded;
Fundamental Facts of Case Recapitulated
Tokyo V The controversial I The
rase of Americ.a HI 'William i these:
Girard hai become so clouded
hy emotion both in the United
States and Japan that simple
recital of facts i. in order.
fundamental ones are
the firing range.
The area is posted, clearly
marked in both English and Jap
anese. Nobody is supposed to
enter. But the villagers began
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, . . ft fast-growing
Saving Account
Steady laving pays the
way to a better education,
a more secure future for
1. A Japanese woman, Mrs.
Naka Sakai. is dead. She was
killed while gathering used
American shell casings and other
scrap metal on an American fir-i entering the range and collect
ing ranye north of Tokyo. ! ing the scrap years ago when it
2. She was killed by an empty was used by Japanese Army. The
shell from a grenade launcher scavenging was highly competi-
: fired by Specialist 3-c Girard of tive and the villagers edged
'Ottawa. 111. closer and closer to danger
3. Girard would never have j points.
. been on the firing range that j Denies 'Lure' Claim
Jan. 30 had not American troops i The Army followed suit and
been stationed in Japan at the
invitation of the Japanese gov
ernment under terms of a mu-
i tual defense treaty.
No Freedom Move
That last point is most im
portant. It is a reflection of the
peculiar problems that have
arisen and will arise so long as
the United States plays its dom-
I inant role in world affairs and
stations its soldiers around the
globe.
Obscured is the fact that there
; has never been any intent what
! soever to turn Girard free until
a trial is held to determine
whether his act was deliberate
: or accidental.
The question has been whether
the Japanese courts or the U.S.
i military should try him. And
I that revolves around the tech-
now despite the Girard case.
The Japanese contend Girard
may have been on duty but he
was not performing it. They
claim he tossed scrap metal to
ward Mrs. Sakal and lured her
closer before- he fired. Girard
denies it. He says he fired one
empty cartridge from a gren
ade launcher in an effort to
warn her away.
That is the point on which
the trial will hinge.
But the far bigger question
involved is how this will affect
let the villasers in the area past the future status of American
both American and Japanese servicemen stationed abroad in
guards. peacetime to defend America
They are still doing o right and the free world.
nicality of whether or not he
any boy or gi
SavePwith us.
I ! was on duly at the time and
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1.312
Current
Dier4
Rare
Jiskun County;
Federal
Savings & Loan Assn.
Whfre You Are Paid Te Sax
12 East Main
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whether or not he was perform
ing official acts.
American military authorities
took the position that Girard
was on duty. But they waived
jurisdiction and agreed, after
lengthy nesotiations, to permit
Japanese civil courts to try Gir
ard. National Pride Hurt
Opposition parties in Japan
mediately jumped in to use
affair as an excuse to attack
the whole matter of American
E ; bases in Japan. They gained
9 i wide support as a result, for one
thing, of statements made in the
United States that Japanese
sj 1 courts were not fair or com
jl'petent. It hurt national pride.
Almost ignored has been the
Does U.S. Soldier
Take Constitutional
Rights Overseas?
Washington W Does an
American soldier take all his
U.S. constitutional right with
him overseas? That is the basic
question raised by the furor
over the case of Army Special
ist 3C William S. Girard.
If the U.S. courts rule that he
does, he won't be admitted to
many countries, the government
says, and the United States will
have to close down its vital over
seas bases and bring the boys
home.
If the courts permit interna
tional agreements which deny
GI Joe his American constitu
tional rights, reply attorneys for
Girard and some sympathetic
congressmen, a dangerous step
toward executive dictatorship
and watering down of American
freedoms will have been taken.
Makes Case Important
These are the weighty issues
which make the Girard case
more important than the fate of
one young soldier.
Girard's lawyers and some
congressmen have e x p a n ded
their attack on the administra-
special Ideal circumstances at tion's decision to turn him over
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"Let us help you moke
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to a Japanese court for a man
slaughter trial. They are now
challenging the constitutionality
of the " status of forces" agree
ments the administration's acted.
Earl J. Carroll, Girard's chief
counsel, said he will contend
in Federal District Court here
that "a soldier or other per
son acting in an official capa
city abroad is a representative
of the government of the United
States and is entitled to the same
immunity that is enjoyed by the
sovereignty of the United States.
In other words, he stands in
the position of the government
itself. The principal is responsi
ble for the acts of the individ
ual." The government contends that
neither a soldier nor a civilian
of any country has any rights
or immunities in a foreign coun
try except those given him by
the host country.
"An American retains when
he goes a broad only those rights
which a foreign nation express
ly grants him," a State Depart
ment official said. This is true
of diplomats, soldiers, civilian
officials or tourists in this
country or abroad.
Best Deal Possible
"A U.S. serviceman sent to a
foreign post has only those im
munities to the host country's
laws as that country specificial
iy gives up, voluntarily or by
negotiated agreements with the
United States," the official said.
The U.S. government has made
the best deal it could get in win
ning exemptions from foreign
court jurisdiction over American
forces stationed abroad, he said.
Its failure to get complete im
munity from local prosecution
and punishment doesn't consti
tute a violation of the U.S. Con
titution, he added.
This is expected to be a fea
ture of any further government
argument in the Girard case in
federal courts or at projected
congressional hearings on the
status of forces agreements.
Librarians Hold
All-Day Conference
Community librarians of Jack
son county held an all-day con
; ference Tuesday at the Medford
; Public library.
Plans were discussed for mak
j ing all books held by community
j library agencies available to all
. Jackson county readers by hav
; ing them all listed in the catalog
at headquarters. C o nsideration
i was also given to a plan for adop
t tion of one night each week as
I "library night in Jackson coun
ty," as soon as it can be deter
mined which night will suit the
convenience of the greatest num
ber of borrowers.
The afternoon was devoted to
a tour of the Eagle Point and
Central Point libraries, the
Table Rock station at Wyatt
Store, and the domiciliary li
brary at Camp White.
j Librarians who attended the
conference were Mrs. Jewel
Routh of Gold Hill, Mrs. Alta
Estes of Talent, Mrs. Helen Rob
berts of Jacksonville, Mrs. Lulu
Trotter of Rogue River, and Mrs.
Avis Van Hoy of Central Point.
The lowest point of land in
the United States Is Death Val
ley, California, which Is 276
feet below sea level.
Daily's U-Drive
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sec pages 8 and 12, Section 1, for more news from Mann's