Special release on Japanese evacuation test case

ps seccekd Mr. girpoli

i. Witsuye Endo, 2k years old, American This is war. West Coast is"declared

Citizen, wishes relsase from wea Camp. theater of war ope eS in it Jap-

Was civil service employsce, nas broth- anc3se are "unassimilated group of

er in army. Civil Liberties apply, even blood relatives of Japen." Form a

in wartime. ; source of internal cisunivy, may need

pretection in case of riots.

e. Right to exclude citizens is grant+ @. Exotusioa of citizens authorised by

ed; but Exec. . Oraer #9066 gives no Presidzat's Exerc. Order JOES; General

justification for continued detention. DeWitt's pubsic Preclomation #2.

Covers oniy entering, leaving or re- Detention of oltizens is authorised

maining in certain areas. In addition by. vec. "urder #77 JLUE (setting up the

ixec. Order 30666 not based on spsacific War Relocation tholy to eerie

statute. Public Law 50% irrelevant; for the removal....of persons."}; Civ-

does not confer upon anyone the power ilion Sestreitive Order #1; Public Law

to issue orders to regulate and control #503, by which Congress ratified all'

the activities ot citizens. these other actions.

Sd. Bgual srotection of law denied. Dis-- 5. No denial of equal protection. 14th

crimination against Japanese in appli- Amendment does not apply to U.S.Gov't.

cation. (fxenptions for Germans, Ital- Can't do everything at once; here urge

lens, not Japanese, who were over 70, ent protlem *s. Japanese; in ease of

had sons, husbanas in armed forces.) threat from Germany, could to vame . i

thing in case of "vapsimtlated eiti-

4. War powers ot President and Cong- zens OL German ancestry. Japenese sel-

ress restricted by constitutional lin- ected du to war. not discririaation.

itations, esp. 5th amendment. No aven- 4. War powers are paramount. Bill of

ue of sscape from paramount authority Rights must bow to paramount necessity

of Constitution. Exception: property of preserving nation in time of wary

taken in course of war. War pewers are not restricted by 5th

and euro mencaments.

5. Court here has power to issue writ db. Guacliiied martial iaw exists on the

of habeas corpus; net vnaer duress. Pacific Coast even if not proclaimed.

Uniy Congress _ take aray habeas "iartlal law proclaims itseif." If it

corpus; it hasn' rage' minority is argued prociomation is needec, De-

in ex parts uilliges desnyvright of Wits's public Proc. #2 serves the pur-

President to susverd ite `No martial . pose. As qualified martial law measures:

law in U.S., and citizens can be ef- are constitutionally justified. Ex

fected only in emergency under martial parte KMitiigan cutdated as warfare no

law. .onger so restricted as in days of Civ-

6. Government makes no dis tinction il War.

between aliens, citizens. Right of 6, Right to regulate citizens seen in

Congress to exclude citizens from co- powee to seize railroads, to controi

untry Cenied. in ex parte Gilroy, only freedom of speech, to prohibit pros-

anemy aliens are subject to Presiden~ titution near army camps. ,

tial warrent, citizen is not so sub-

ject.

7. Cases cited by government not val- NOTE: Weakest point in government's

id. In prostitution cases there was a argument was #2 above, the right to

positive act oy Congress defining the detain citizens, for which no direct

illegality, and in case of violation legisiative authority was cited. Nor

dus vrocess of law applied. Likewise did government answer petitioner's

specific law and due process in free point on cistinction between treat-

speech cases. flere neither a specific ment of citizens and aliens. Mr. Pur-

act of Congress nor any provision for cell failed to bring argument charging

Que process of law. undo delegation of power by President

SPOULA. RELEASE ON JAPANESE BVACUATION TPST CASE.

A summary of arguments on the petition of Mitsuye kndo for a writ of habeas

copes, in the Jnited States Dictirics Court for Northern District of Calif-

ornis, Couthern Liviaton (#2363d8). Judge M.J. Roche; attorney for petition-

of: James (c). eRe. apovaring for U.S.Gevernment: ir. 4irpoii of U.S. At-

torney's oifice. San Franeigeo, July 29, 1942

to General DeWitt as had been expected.

SPACE PROHIBITS adequate cisecussion above. For more information

Tolan Committes, Fourth interim Resort, for information about:

Executive Order 9066 (9.414) to "Geeserk Licery areas...from which any

or ail persons may be excluded." Ths prociomation is based upon "authority

vested in me as Pros. of the Fes. ana vommencer in Chici" of army end navy.

Genera. Dowitt!s Public Prociomation #2. (5. Se) addressed "Zo the Public

Generaily", and ogether with Proc. #7. (p.417).estabiishes the military areas.

Public Law 502 (p. 168-9) makes it a crime to disebey any restrictions im-

posed by military ccumanders under authority of Exec. Orier 9C6e@. Sen. Taft

said it wes "so indefinite end so uncertain trat it could not be erforced

under tae Constitution.

Executive Orcer 9105 (p.%15; sets up the war Relocation Authority, cites no

statues, and is to "etfectuate- a program foi the renovii"" of citizens,

oe te

Juiy Su '4e@ FROM be GLOWSHTP OF RECONCILIATION, 2151 Vine, Berkeley, Calif.