STATEMENT OF LEWIS ARTHUR MCGOWAN, RANCHO SANTA FE, CALIF., COUNSEL FOR THE AMERICAN INTERNEES COMMITTEE The CHAIRMAN. Mr. McGowan, we will hear you. Kindly give your full name, address, and representation for the record. Mr. MCGOWAN. My name is Lewis Arthur McGowan, Rancho Santa Fe, Calif., counsel for the American Internees Committee. Í engaged in the practice of law in Washington, D. C., for more than 25 years specializing in the prosecution of claims of American citizens against foreign governments for the recovery of compensation for losses they sustained to their person and property as a consequence of World War I. Amongst these clients were citizens who were captured by the armed forces of Germany and maltreated. I believe I know of what I speak with respect to the justice of the claims against Japan of the group of American citizens in whose behalf I address your honorable committee. The testimony we will submit to you will reveal how American civilian citizens living upon American sovereign territory became the victims of war crimes committed by Japanese authorities such as murder, cruelty, starvation, neglect, and other assaults and mis treatments. Meritorious reasons will be disclosed calling for an emergency act to be passed promptly by Congress providing relief for the victims of Japanese atrocities. I am here in the capacity as counsel for the American Internees Committee, a nonprofit organization which comprises American civilians who were interned by the Japanese on American territory during the recent war and suffered maltreatment. We earnestly request the immediate passage by Congress of an emergency relief bill to provide for the rehabilitation of the victims of Japanese atrocities. I believe the members of the committee have a copy of my statement and as there are so many witnesses to testify, I would like to summarize what I have said in the statement. The CHAIRMAN. You may summarize your statement if you wish, Mr. McGowan. I assume it would be your desire however, that your complete statement be made a part of the record. Mr. MCGOWAN. Yes, sir. The general purpose of both bills is to compensate Americans who sustained personal injuries, also the dependents of those who died as the result of atrocities committed upon their person. Another general purpose of the bills is to have Congress carry into effect the policies of the Department of State, and Treasury, and the Alien Property Custodian that the vested property of Japanese seized pursuant to the provisions of the Trading With the Enemy Act be used by the United States for its purposes, and that no provision should be made for any return or compensation by the United States to the former owners On April 17, 1946, the Senate Judiciary Committee held hearings on S. 1322 which was a bill Senator McCarran had introduced containing provisions resembling two provisions of this H. R. 1823, namely, (1) that the Trading With the Enemy Act be amended so as to subject enemy property to the payment of claims of citizens of the United States for losses they sustained as a consequence of the war, and (2) that a Commission be set up to adjudicate those claims The printed hearings on S. 1322 reveal a letter from Secretary of States Byrnes in which he says: The Department is in basic agreement that the property in the United States of Germany and Japan should be made available to meet American claims on account of losses resulting from the war; it appears to the Department that considerable attention should be given to the categories of claims which may be paid from such properties or their proceeds, and to the priority to be given to various types of claims. ** * claims * * * resulting from personal injuries high on the list of allowable claims. * stand A letter from Acting Secretary of the Treasury Gardner states: Compensation to private claimants, we believe, should be based only on the ground that such claimants have suffered losses which it would be unjust to require them to bear in addition to their general obligations as citizens. Accord ingly, it is the view of this department that the merits of each class of claim should be judged separately and any class found worthy of redress should be carefully defined by Congress. For example, Americans who were maltreated or have suffered physical injury as interned civilians would appear to be clearly entitled to compensation in dollars. Seymour J. Rubin, Deputy Director of the Office of Economic Security Policy, Department of State, testified in opposition to S. 1322 but said that the Department's opposition did not: * * relate in any way to legislation which might be enacted for the relief of persons who have suffered personal injury or loss of personal property in areas occupied by the enemy. SPECIFIC PURPOSE OF BILL H. R. 1823 I think it is quite apparent to the members of the committee what the specific purpose of the bill H. R. 1823 is, namely, to make effective that part of the program mentioned in the above extracts from hearings on S. 1322 by amending the Trading With the Enemy Act-which act this honorable Committee on Interstate and Foreign Commerce initiated, considered, and reported to the House of Representatives during World War I, the original House bill being introduced by Judge Adamson, who was then chairman-so compensation from Japanese assets will be paid American civilian citizens who while located upon American soil, which was occupied by the Japanese, suffered damage to their person and to their personal property I desire to refer to a subject that I believe is of vital importance which reveals the attitude of our Government with respect to some of our citizens who suffered similar to the group I represent, showing that the Government has apparently discriminated in favor of several groups and has done nothing for the group I represent. Members of the our armed forces, United States Government civilian employees and civilian employees of Army-Navy contractors who were captured by the Japanese have been to some extent benefited by legislation enacted by Congress All of the afore-mentioned civilians have been paid whatever pay they would have received if they had not been captured by the enemy. Some Government employees have received reimbursement from Congress for certain losses of household goods and personal effects destroyed by the Japanese. None of the American civilian citizens provided for in H. R. 1823 with the exception of the above-enumerated groups have received any compensation in dollars for their injuries, impairment of earning capacity, and loss of personal and real property. Congress passed legislation in 1945 Public Law 224-SeventyNinth Congress compensating the natives of Guam for their real and personal property losses resulting from Japanese occupation. Death and personal injury claims are provided for in that law to the extent of requiring them after they are adjudicated to be reported to Congress for such action as it may take. The Philippine War Damage Commission was created last year Public Law 370-Seventy-Ninth Congress to pay claims of the residents of the Philippines including Russians and Chinese, and other nonenemy nationals for their war losses regarding real and personal property. A ceiling of $500 being paid exists unless a balance of the $400,000,000 authorized appropriation remains and then it will be prorated but no one expects to be paid more than that $500 because the appropriation is inadequate. During the last session of Congress the Senate passed S. 2127 which later was reported favorably by the House Committee on the Judiciary but acted not further upon by the House of Representatives. This bill provided for an Evacuation Claims Commission and authorized the adjudication of claims by persons of Japanese ancestry against the United States for losses arising out of the evacuation or exclusion of Japanese from our west coast, Alaska, and Hawaii. Losses of their personal possessions being recoverable. DIGEST OF PROVISIONS OF BILL Section 39 of H. R. 1823 reads section 30 by mistake-subjects all Japanese property to which title has vested in United States with the exception of patents, and except property that is to be returned to Japanese who were not hostile to the United States as provided in Public Law 322, Seventy-ninth Congress, and except Japanese property available for the payment of debts as provided in Public Law 878reads 677 by mistake-to the payment of claims of American citizens located upon certain American soil at the outbreak of the war, that is, Alaska, Guam, Philippine Islands and Wake who sustained damages to their person and personal property by reason of the acts of the Japanese Government. The reason for the exceptions with respect to patents, property of those not hostile to the United States, and property subject to payment of debts owing by Japanese to residents of the United States is due to a desire to eliminate objections to the passage of the bill by Government agencies that emphasized the failure to make such exceptions in S. 1322 as the basis of part of their opposition to its passage. It is to be noted that the property subjected to payment of claims is that to which title has vested in the United States. The effect of section 39 is to enunciate a policy that Japanese property is subject to the satisfaction of claims of American citizens who while located upon American territory under the American flag suffered damages to their person and property as a result of Japanese invasion of part of the United States. Section 40 creates an Enemy Property Commission consisting of three persons appointed by the President. The setting up of a special tribunal to hear and determine claims of this character is the most economical and practical solution which Congress has heretofore approved of on numerous occasions dealing with a special subject matter such as this one. Subsection (b) page 2, lines 19 to 21, directs the Commission to adjudicate all claims "according to the principles of equity and law." That phrase is similar to the one used in text of the Special Claims Convention between the United States and Mexico of 1923 which determined claims of American citizens against Mexico for damages during the period 1910 to 1920, which included those who were imprisoned, maltreated, and suffered loss of wages. Substantial amounts were awarded claimants. I am directing the attention of the committee to this particular phrase used in the special claims convention, that all claims shall be adjudicated "according to the principles of justice and equity" because there is a possibility that the matter of limiting recovery, so far as these people are concerned, might be based upon the violations of the provisions of the Geneva War Prisoners' Convention, 1929. I do not know of a single case involving a civilian internee that has ever been considered by any tribunal based upon any violation of the Geneva Prisoners' War Convention. There is some question in the minds of many who have studied the provisions of the Geneva War Prisoners' Convention if it applies to civilian internees. In the Special Claims Convention of 1923 the phrase "In accordance with the principles of justice and equity" was construed to mean in determining the measure of damages to be recovered, American citizens shall be compensated for mental suffering, the loss of their wages, income, impairment of health and earning capacity resulting from imprisonment by Mexican authorities between 1910 and 1920. I now quote from the report submitted to our Secretary of State in 1938 by the Special Mexican Claims Commission, which sets forth on page 21 as follows: THE MEASURE OF DAMAGES In determining the amounts which would constitute full indemnification as provided in the convention of September 10, 1923, for the awardable losses and damages of claimants or their predecessors in interest, the Commissioners, according to the best of their judgment and the applicable principles of justice and equity, have given due weight in each case to such factors, wherever pertinent, as the following: In death claims: The decedent's age, position, and earning capacity at the time of death; the degree of relationship between the decedent and the claimant or claimants upon the decedent; the life expectancy of the decedent and the claimant or claimants at the time of the decedent's death; and the mental suffering of the claimant or claimants as a result of the decedent's death. In personal injury claims: The nature and the seriousness of the injury, the extent of the impairment of the claimant's health and earning capacity, the proved expenses and loss of time incident to the injury, and any aggravation of the injury by unusual cruelty. In claims for loss or damage of property: The quantity and value of property of various kinds owned by the claimant as shown by inventories filed prior to the origin of the claim; the market value, orginal cost, and depreciation of the property; and deterioration through lack of attention directly attributable to acts of forces. In this connection the Commission has applied the principle that, where the evidence does not satisfactorily establish a high or unusual value for property, an award should be made on the basis of the value of common or ordinary property of that class. Similarly, in the case of loss of personal effects, in the absence of clear proof of exceptional values, awards have been made on the basis of the value of personal belongings which the claimant, from his occupation and condition in life, might reasonably be expected to have in his possession. It has been estimated by the American Internees Committee that in the application of pertinent factors such as those above mentioned to each claimant's case against Japan the following recoveries will result-I am now referring to the Hinshaw bill, H. Ř. 1823: Estimated loss of wages---- Estimated loss of household goods and personal effects- Personal injury claims__. Total. 1 $10,000 each average. $9,000,000 6, 000, 000 16, 000, 000 1 60, 000, 000 81, 000. 000 The above figures are calculated upon the basis of 6,000 American civilian citizens in American territory invaded by the Japanese. If interest is added at the rate of 5 percent per annum since the date of liberation it would amount as of this date to $8,100,000, making a total of $89,100,000 to be paid out of Japanese property valued at $100,000,000 now vested in the United States. General MacArthur has under his control at least another $300,000,000 of property taken from the Japanese. Section 41 describes the claimants entitled to the payment of just compensation for loss, damage, or injury to their person and personal property. The nature of the personal property is not mentioned, but it is suggested it be limited to household goods and personal effects because if real estate is included, which is now, insofar as the Philippines are concerned, a part of a foreign country, may give rise to certain complications we desire to avoid in this bill. Let the matter of real-estate losses be taken care of in a peace treaty between the United States and Japan. The use of the words "personal property" in the text may be explained to mean household goods and personal effects. The repatriated American returned to this country with little, if any, household goods and personal effects, as the Japanese destroyed them in enemy-occupied American territory. Repatriated Americans are entitled to be rehabilitated by their Government and desire to make their contribution to the economic life of their own country. Any narrow conception of what compensation these American citizens should receive results in Japan escaping financial responsibility to whatever extent adequate and just compensation is withheld from them. The claims which are to be paid under the bill are those of American civilian citizens of the United States who are the victims of the Japanese in Alaska, Guam, Philippine Islands, and Wake, occupied American soil where they suffered (1) Deprivation of liberty, arrest, imprisonment, and internment. (2) Evacuation from their homes. (3) Maltreatment, cruelty, or violence during capture. (4) Impairment of earning capacity prior to and since liberation. |