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Supreme Court — Part 20
Page 19
19 / 23
VN
u
light of West Coast Japs
eighed by Supreme Court
WP rupreme Court took te its) leave the camp if she does not re-
conference room yesterday for turn to California or several other
decision one of the most com-
Plicated legal problems faced by
the Government since Pearl Har-
bor—the constitutionality of evac-
uating and confining American
citizens of Japanese ancestry.
The Justices listened through
five hours of argument and fired
pointed questions frequentiy at at-
torneys as they developed unique
legal points involved in appeals
[of a young man born in Oakland,
alif., and a young woman bern in
sacramento, .
The man, Fred T,§ Korematsu,
asked the high tribungl to rule on
validity of evacuation hrders which
resulted in his being placed in a
war relocation authority center at
Topaz, Ptah. The woman, Miss
Mitsue FEndo, demands freedom
from the same center and a court
declaration that she has the right
to go wherever she pleases,
Loyalty Not An Issue
1 The court was told that there
‘ig no question of the loyalty of
either to. the
‘that there was no evidence involv-
‘ing any Japanese-American citizen k
in espionage or sabotage on the
; West Coast,
The cases arose from a pro¢clama-
Ition by Lieut. Gen. J. L. Dewitt ex-
cluding persons of Japanese an-
jcestry from certain West Coast
areas, Attorneys for Korematsu!
argued that neither Congress nor|,
jthe President intended such action
, and said that only in Nazi Ger-/
;|Many: could a similar “imprison-;
ment program" be found. oof
| Counsel for Miss Endo con-
| tended that the only legal ground
|
her detention was “implied
thority” said to be conferred by
gress and the President, He,
id she had been told she may
a ty
~
“
United States, and} --..—_
West Coast States. But she refuses
to leave unless she can go to her
homa
“Does that imply,” demanded
Chief Justice Stone, ‘‘that she will
be loyal in one place, and not loyal
in another?” 7 :
Solicitor General Charles Fahy
urged the court to consider ecir- -
cumstances involved in the cases
in the light of sacrifices made by
millions of other citizens sa far in
the war; :
Asks Sacrifices Be Weighed
“Many persons have been re-
‘quired to endure dislocations,”
Fahy said. “Hundreds of thousands ©
already have been casualties. Those
ho have been injured, tempora- -
rily, in relocation efforts should be
asked to view their cases along
with’ the great hardships millions
of our people have already endured
in this war.” oe
He argued that after the attack
on Pearl Harbor evacuation and de-
tention were necessary, said It has
always been the Government's plan
to restdre evacuees ta full liberty «
as soon a€ circumstances permit, and ;
stated the people concerned ha
been treated in a “fair and decen
manner,”
WE
4 h-2ISF.
NOT Rico)
87 ocT 21 1944
Clipped from the
Noe Theron lll.
Mr. Murs furd 2.8.
Aig ote & ol.
Mer. (ing Tamm...
k Miss Candy...
WASHINGTON POST; 10-13-44
page 17
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