Postal telegraph from Ernest Besig, Director, American Civil Liberties Union of Northern California, to Roger Baldwin Director, American Civil Liberties Union, April 8, 1943

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Send the following message, subject to the terms on back hereof, which are hereby agreed to Form 2


April 8, 1943.


Roger Baldwin,


170 Fifth Avee,


New York City, NeYeo


Because of conflicting decisions in #am Second and Fifth Circuits, the Mnth Cireuit Court


today certified @ip following question to Se Suprem Court in @@# Koromatsu cases After a


finding of guilt in such a oriminal proceeding as the instant case, in which neither im


prisonment in a jeil or penitontiary nor a fine is imposed, is an order by the district court,


that the convicted mm "be placed on probation for the period of five (3) years," a final


decision reviewable on appeal by this circuit court of appeals? Will you arrange filing @


motion to bring entire record before Supreme Court so that Koremtsu case may be consolidated


with others. We will order clerk to certify record. Please wire reply.


Ernest Besigs


American Civil liberties Union, 216 Pine St., San Francisco, California--EXbrook 1816.


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