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Supreme Court — Part 20

23 pages · May 11, 2026 · Broad topic: General · Topic: Supreme Court · 23 pages OCR'd
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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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