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
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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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