HIROTA v. MacARTHUR, GENERAL OF THE ARMY, et al., 338 U.S. 197

Per Curiam. The petitioners, all residents and citizens of Japan, are being held in custody pursuant to the judgment of a military tribunal in Japan. Two of the petitioners have been sentenced to death, the others to terms of imprisonment. They filed motions in this Court for leave to file petitions for habeas corpus. We set all the motions for hearing on the question of our power to grant the relief prayed and that issue has now been fully presented and argued. We are satisfied that the tribunal sentencing these petitioners is not a tribunal of the United States.

The United States and other allied countries conquered and now occupy and control Japan. General Douglas MacArthur has been selected 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 to file petitions for writs of habeas corpus are denied. Mr.

Justice Murphy dissents. Mr. Justice Rutledge reserves decision and the announcement of his vote until a later time. Mr. Justice Jackson took no

part in the final decision on these motions.