§8. §10.. § 11 ... 178 358 358, 385, 582 186, 358, 385 $15 178 Norris-LaGuardia Act...... 582 Shipping Act, §§ 1, 15, 16, Social Security Act, §§ 202, 1944, § 107..... 614 Act, §§ 4, 25, 31...... 546 Wagner Act. See National Labor Relations Act. Walsh-Healey Act... .... 186 92 Washington State Enabling (B) STATUTES OF THE STATES AND TERRITORIES. CASES ADJUDGED IN THE SUPREME COURT OF THE UNITED STATES NO. 61, MISC. AT OCTOBER TERM, 1945. IN RE YAMASHITA. APPLICATION FOR LEAVE TO FILE PETITION FOR WRIT OF HABEAS CORPUS AND WRIT OF PROHIBITION.* Argued January 7, 8, 1946.-Decided February 4, 1946. Prior to September 3, 1945, petitioner was the Commanding General of the Fourteenth Army Group of the Imperial Japanese Army in the Philippine Islands. On that day, he surrendered to the United States Army and became a prisoner of war. Respondent was the Commanding General of the United States Army Forces, Western Pacific, whose command embraced the Philippine Islands. Respondent appointed a military commission to try the petitioner on a charge of violation of the law of war. The gist of the charge was that petitioner had failed in his duty as an army commander to control the operations of his troops, "permitting them to commit" specified atrocities against the civilian population and prisoners of war. Petitioner was found guilty and sentenced to death. Held: 1. The military commission appointed to try the petitioner was lawfully created. P. 9. (a) Nature of the authority to create military commissions for the trial of enemy combatants for offenses against the law of war, and principles governing the exercise of jurisdiction by such commissions, considered. Citing Ex parte Quirin, 317 U. S. 1, and other cases. Pp. 7-9. (b) A military commission may be appointed by any field commander, or by any commander competent to appoint a general court martial, as was respondent by order of the President. P. 10. (c) The order creating the military commission was in conformity with the Act of Congress (10 U. S. C. §§ 1471-1593) sanctioning *Together with No. 672, Yamashita v. Styer, Commanding General, on petition for writ of certiorari to the Supreme Court of the Commonwealth of the Philippines. For earlier orders in these cases see 326 U.S. 693, 694. 1 |