Foreign Relations of the United States, 1955–1957, Japan, Volume XXIII, Part 1

129. Telegram From the Embassy in Japan to the Department of State¹

Tokyo, April 25, 1957—5 p.m.

2413. CINCFE message FE 804743² reports CINCFE position on issue now before Joint Committee jurisdiction subcommittee regarding Somagahara shooting case, and request expeditious review and confirmation of CINCFE position which maintains US has primary right jurisdiction. Message also referred to Embassy for comment as early as practicable.

Since interpretation of Administrative Agreement involved, Embassy requests Dept’s views. We are under impression that strong legal arguments can be advanced on each side of case, turning on issue of whether deviations from course of duty during duty hours come within overall definition of “official duty” status under terms of Administrative Agreement. In addition there are obviously important political considerations at stake, in Japan as well as elsewhere. Matter is urgent not only because of pressures from Japanese side, but also because case already overdue for trial.

MacArthur

1. Source: Department of State, Central Files, 711.56394/4–2557. Confidential; Priority.
2. Dated April 23, not printed.