Application by the Northern California branch of the American Civil Liberties Union to file brief of amicus curiae and affidavit in support thereof, File no. 10,605

UNITED STATES CIRCUIT COURT OF APPEALS

FOR THE NINTH CIRCUIT

MITSUYE ENDO,

Appellant,

VS. ) No. 10,605

MILTON EISENHOWER, DIRECTOR OF WAR

RELOCATION AUTHORITY AND WARTIME

CIVILIAN CONTROL ADMINISTRATION, ) 7

ET AL., )

APPLICATION BY THE NORTHERN CALIFORNIA

BRANCH OF THE AMERICAN CIVIL LIBERTIES

UNION TO PILE BRIEF AS AMICUS CURIAR

AND AFFIDAVIT IN SUPPORT THERE

WAYNE M, COLLINS,

Mills Building,

San Francisco, Calif,

GArfield 1218,

no Pf Oe hl ULnNlUDrR

Th THE SUPREME COURT OF THE UNITED STATES

Oeteber Terme~0.1944

MITSUYE ENDO,

Appellant,

VBe No. 70

MILTON EISKMIOWRR, Director of War Relocation

Awthority and Wartime Civilien Control Ad"

ministration, et ale,

Appellees.

CONSENT BY APPELLEES FOR FILING OF AMICUS

CURTAZ BRIMF ON BSHALY OF NORTHERN

CALIFORNIA BRANCH, AMBRICAN

CIVIL LIBERTIES UNION

BRR RN ee SM

May it Please the Court:

The undersigned, attornsy for the appellees in the

aboveementioned cause, herewith consents to the filing herein of an amicus

eurieae brief on behalf of the Northern Unlifornia Branch, American Civil

Liberties Union.

Datel: September sg: 1944,

Attorney for Appellees

eee Bo L engi, SAN

liad Anwouh Crre- Ta

UNITED STATES CIRCUIT COURT OF APPEALS

FOR THE NINTH CIRCUIT

MITSUYE ENDO,

Appellant,

VSe Noe 10,605

MILTON BISENHOWER, DIRECTOR OF WAR

RELOCATION AUTHORITY AND WARTIME

CIVILIAN CONTROL ADMINISTRATION,

BT AL.,

Appellees,

Sea Naat Ms Secs Misi Mins Mit incl Misael Siscegtl ess Mngt Megat

APPLICATION FOR PERMISSION TO

FILE BRIEF AS AMICUS CURIAE

The Northern California branch of the American Civil Liberties

Union hereby applies to this Court for permission to file its brief as

emicus curiae on or before the au. 8Y of April, 1944, and in support of

said application files the attached affidavit of Ernest Besig, direetor of

the Northern California branch of said American Civil Union.

DATED: April /S, 1944,

AMERICAN CIVIL LIBERTIpoundS UNION

Good cause appearing therefor, the above application is hereby granted

this day of April, 1944,

"United States Cireuit Judge

UNITED STATES CIRCUIT COURT OF APPEALS

FOR THE NINTH CIRCUIT

MITSUYE ENDO,

Appellant,

VSe No. 10,605

MILTON BISENHOWER, DIRECTOR OF WAR

RELOCATION AUTHORITY AND WARTIME

CIVILIAN CONTROL ADMINISTRATION,

ET Ale 3

si: caiihs ai ag ss: cil aii `

Appellees.

AFFIDAVIT IN SUPPORT OF APPLICATION

FOR PERMISSION TO FILE BRIEF AS

AMICUS CURIAE

UNITED STATES OF AMERICA )

STATE OF CALIFORNIA S56

CITY AND COUNTY OF SAN FRANCISCO

ERNEST BESIG, being first duly sworn, deposes and says:

That he is the director of the Northern California branch of the

Americen Civil Liberties Union, located at 216 Pine Street, San Francisco, a

national, non-profit, non-partisan, non-sectarian organization, whose

purpose is to protect and defend fundamental American civil liberties,

particularly as guaranteed in the Bill of Rights, wherever, whenever and

by whomsoever attacked;

That the above entitled action concerns the question of the right

of the goverment to hold in so-called relocation centers citizens of

Japanese ancestry who have been evacuated from the Pacific Coast by the

Military, and against whom no charges have been preferred;

That the action therefore presents unprecedented and far-reaching

questions of the rights of citizens under the Constitution during war-time:

Thet the Northern California branch of the American Civil

Liberties Union appeared in this case as amicus curiae in the lower court

through its attorney, Wayne M. Collins, and that it is now handling in the

Supreme Court of the United States the Korematsu case, which challenges the

mass exclusion of citizens of Japanese ancestry from the Pacific Coast

out of which the present detention flows;

THEREFORE, your affiant asks leave to file a brief as amicus

curiae on or before the ss day of April, 1944, in order to express the

views of the Northern California branch of the American Civil Liberties

Union with reference to the issues in this case.

Copies of this affidavit are being served upen counsel for the

parties herein.

DATED: April /S , 1944,

Subseribed and sworn to before me

this 752" day of April, 1944,

in and for She cent aity and County of

San Pranciseco, State of Californie.

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