Supplementary report on Lawyers Committee to Study Evacuation Cases
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June 29, 1942
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Supplementary Report on Lawyers Committee to Study Evacuation
Cases
The purpose of the Committee was to determine what questions
should be raised in the cases testing the evaucation of Japanese-
erican citizens under the West Coast evacuation orders.
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a) The Committee determined that this question should be
argued om the ground that the sole basis for the classification
of evacuees Was national origin. It expressly found that a clas-
sification based on nationel origin might be reasonable where it
was founded on additional considerations such as membership in
organizations clearly subversive, long periods or consecutively
intermittent periods of residence in the country of origin, poli-
tical alignment of the country of origin, ete. It was held that
while a classification based on national origin might under cer-~
tain circumstances be Justified as a military necessity, the
general classification in the evacuation orders here, together
with the extent of the military zones, and the influence of local
prejudice subjects the military orders to attack.
2.) The suestion whether e su:
existed to justify the act
n setting up the militer
a) The Committee here recognizee that the presumption of
regularity would apply to the Orders constituting the Military
Zones. The petitioner of defendant in ech case would have the
burden of showing thet ag to him the military area set aside was
unreagonable, as a that it covered only beet-growing, citrus
fruit areas, ete. It was also open to the petitioner or defen-
dant to challenge the Military Orders on the ground that the
size of the military areas was disproportionate,
b) The Committee also agreed that the Union and counsel
should present argument that the Military Orders were not directed
by militery necessity but out of consideration and under the
pressure of local (West Coast) groups.
cent) With respect to an attack on Pub. "503, it was decided
that the argument should emphasize that the Act of Congress does
not apply unless the Military Orders can be reasonably said to
come under the President's Executive Order.
3. question whether failure to provide hesrings for
- cua t Janar . S6privec them
yen
2.
. a( It was unanimously agreed that the failure to provide
hearings for Japanese American citizens under the Evacuation
Orders constituted a denial of due process as to them, Each
`pergon should have an opportunity to show why he should not
come within the meaning of the President's Order. :