The Supreme Court hears the Hirabayashi and Yasui evacuation cases

Vol. 16, No. 19, May 18, 1943. 8 pages. View this issue

Two cases before the U.S. Supreme Court filled the front page. Gordon Hirabayashi and Minoru Yasui challenged the evacuation and curfew orders, and Solicitor General Fahy defended them as wartime security measures. A. L. Wirin, JACL special counsel, argued that the orders targeted citizens because of race, and the JACL’s 155-page friend-of-court brief made the same case. Senator Chandler’s subcommittee also recommended reinstituting selective service for Japanese Americans and releasing loyal people from the centers.

Elsewhere, Marengo, Illinois voted 62 to 21 to approve evacuee farm workers, and an editorial called it a victory. County boards in Plumas, Santa Cruz and Solano opposed the return of evacuees to the coast. Bill Hosokawa urged readers to write letters and counter anti-evacuee publicity, and Joe Masaoka described housing and jobs in Denver. News from Heart Mountain, Poston, Rohwer and Tule Lake appears throughout.

What’s in this issue

National

• Senate Committee Reports on Relocation, Urging Release of Loyal Evacuees from Centers, by P.C. Staff, page 1. Senator Chandler’s subcommittee recommended reinstituting selective service for Japanese Americans and releasing loyal evacuees for military service or resettlement outside the camps. The committee informally endorsed the recommendations, which may be submitted to President Roosevelt for executive action.
• Hawaii’s Food Largely Raised by Japanese, by P.C. Staff, page 1. Walter F. Dillingham, Hawaii’s food production director, credited Japanese Americans and aliens with producing most of the islands’ food without any recorded sabotage. He praised their loyalty and contribution to the war effort.
• California Assembly Passes Lowrey Bill as Session Ends, by P.C. Staff, page 1. The California legislature passed the Lowrey Bill, authorizing the state to take possession of evacuee-owned idle farm machinery with a $150,000 appropriation. Several other bills affecting evacuees’ citizenship and property rights were introduced, though most remained in committee.
• Rules Committee Seeking Reports on Two Measures, by P.C. Staff, page 1. House Rules Committee Chairman Sabath is seeking federal agency reports on two resolutions proposing investigations of Japanese Americans. Rep. Jackson also called for withdrawal of Japanese Americans from the Army.
• Native Sons Oppose Japanese Return, by P.C. Staff, page 1. An organization of opposition to the return of Japanese Americans to the West Coast was reported in San Francisco. The article is incomplete in the OCR text.
• West Coast Congressmen Hit Move to Relax Restrictions Excluding Nisei from Coast, by P.C. Staff, page 2. Rep. John Z. Anderson led West Coast congressmen in opposing any relaxation of restrictions barring evacuated citizens of Japanese ancestry from returning to the coast. The group also asked that freedom of movement for Japanese American soldiers be rescinded.
• Nevada Board Bans Use of Japanese Labor, by P.C. Staff, page 2. The Washoe County commission voted two to one against welcoming Japanese farm workers, though individual evacuee workers could be hired. WRA official A. Clair Barrett had asked the board to lift the ban.
• John McCloy Sees Place for Japanese in California, by P.C. Staff, page 2. Assistant Secretary of War John McCloy assured Los Angeles Chamber of Commerce representative W. G. Herron that a place exists in California for loyal Japanese. He indicated federal authorities would make no arbitrary decisions on relocation proposals.
• Hirabayashi, Yasui Cases Heard by Supreme Court, by P.C. Staff, page 2. Counsel Frank Walters, Harold Evans and E. F. Bernard argued before the Supreme Court that the curfew and exclusion orders were unconstitutional racial discrimination against citizens. Solicitor General Fahy countered that wartime security justified the measures.

Community

• Marengo Citizens Vote Approval of Nisei Workers, by P.C. Staff, page 1. A mass meeting of Marengo, Illinois citizens voted 62 to 21 to approve employing Japanese American evacuee farm workers. The Curtiss Candy Company then announced it would proceed with its original plans to hire such workers.
• Children’s Haven Opens at Rohwer, by P.C. Staff, page 2. The Rohr Toyland opened at the Rohwer center for children aged 6 to 15, dedicated to the Royal Dukes, the American Friends Service Committee and other contributors. It holds over a thousand toys and games.
• Idaho Educator Praises Topaz School System, by P.C. Staff, page 2. State Superintendent Charles H. Skidmore praised the educational program at the Topaz relocation center after a visit with several education leaders. He called the schools well serving their purpose and the staff excellent.
• New Born Baby Confounds Coast Exclusion Orders, by P.C. Staff, page 2. A child born to an evacuee mother at a Hanford, California hospital created a status puzzle under the exclusion orders. Hospital officials were unsure where the infant could legally be sent.
• Twin Falls JACL Elects Morita as New President, by P.C. Staff, page 2. Shig Morita of Filer was elected president of the Magic Valley JACL chapter at a May 8 meeting in Twin Falls. Other officers and the chapter’s purpose of promoting welfare and cooperation were also reported.
• Large Nisei Influx Into St. Paul Area Reported by Tanbara, by P.C. Staff, page 3. Karl Tanbara of the St. Paul JACL office reported more evacuees arriving in the city than ever before and a serious housing problem. He spoke at a panel discussion and before a vocational meeting of high school students.
• Missionary to India Slated as Speaker for Rohwer Confab, by P.C. Staff, page 7. Dr. E. Stanley Jones, a leading missionary to India, will be the main speaker at the Rohwer Christian Mission from May 16 to 21. Joseph K. Fukushima will chair the conference.
• Thirteen Clubs To Get YMCA Charters at Heart Mountain, by P.C. Staff, page 7. Thirteen clubs at the Heart Mountain center were scheduled to receive YMCA charters at a meeting of the KeYmen president’s council. The list includes Clippers, Mercuries, Kiowas and Royal Dukes among others.
• Bussei Will Hold Intermountain Confab in May, by P.C. Staff, page 7. The Salt Lake Young Buddhist Association will host the ninth annual Intermountain Young Buddhist Conference on May 23 under the theme Ca On Bussei. About 305 delegates from multiple communities are expected.

Incarceration & Redress

• Yasui, Hirabayashi Appeals Challenge Constitutionality of Evacuation of U.S. Citizens, by P.C. Staff, page 1. Gordon Hirabayashi and Minoru Yasui brought their challenge to the military evacuation orders before the U.S. Supreme Court. Solicitor General Fahy defended the curfew and exclusion measures as justified by wartime security needs.
• JACL Counsel Charges Race Bias in Orders, by P.C. Staff, page 1. A. L. Wirin, JACL special counsel, argued before the Supreme Court that the evacuation orders were issued in bad faith and targeted citizens solely because of race. He cited General DeWitt’s statements and the JACL’s brief as rebuttals to the government’s position.
• FSA Camp Opened for Evacuees in Idaho, by P.C. Staff, page 2. An FSA mobile camp to house 40 evacuee farm workers from WRA centers was set up near Melba, Idaho. W. A. Bickford was named employment representative.
• Nisei Against Return to Coast, Says Topaz Head, by P.C. Staff, page 2. Charles Ernst, director of the Topaz relocation project, told a California social work conference that most young nisei do not want to return to California. He suggested the 107,000 evacuees could be assimilated elsewhere in the country.
• Centers May Elect Issei to Office in New WRA Ruling, by P.C. Staff, page 2. New WRA instructions allow issei aged 21 and over to hold elective office in relocation centers, reversing the earlier nisei-only rule. The change was needed because many citizens were leaving the centers for outside employment.
• Advisory Group Formed in New York City, by P.C. Staff, page 3. A New York City Advisory Committee for Japanese Americans was organized with WRA approval to assist incoming resettlers. Services offered include meeting trains, securing lodgings and general counseling.
• 1,431 Left Poston Since February 1st, by P.C. Staff, page 3. The WRA reported that 200 evacuees from the Poston center received seasonal leaves to work in harvests last week. A total of 1,431 have left Poston on permanent or temporary leave since February 1.
• JACL Brief in Evacuation Cases Opposes Race Issue by Government Attorney, by P.C. Staff, page 3. The JACL filed a 155-page friend-of-court brief before the Supreme Court arguing that the evacuation orders violated equal protection. The brief also disputed the dual citizenship claim and contrasted treatment of Japanese in Hawaii.
• Sacramento Farm Bureau Opposes Evacuees’ Return, by P.C. Staff, page 3. The Sacramento County Farm Bureau board urged continued opposition to any return of evacuees to the West Coast. It also recommended prompt seizure and sale of farm implements owned by evacuees.
• ACLU Files Friend of Court in Evacuation Test Cases, by P.C. Staff, page 3. The ACLU submitted a brief to the Supreme Court supporting Hirabayashi and Yasui, arguing that exclusion based on race denies due process and equal protection. It urged hearing boards and individual opportunities to show loyalty.
• Plumas Supervisors Oppose Use of Nisei in American Army, by P.C. Staff, page 3. The Plumas County board of supervisors adopted a resolution opposing use of American-born Japanese in the Army and release of evacuees from relocation centers. The resolution is reported in the issue.
• Action on Nisei Problems Sought at Parley, by P.C. Staff, page 3. The National JACL will hold a special eastern regional conference in New York City on May 17 and 18 with over 50 organizations expected. Mike Masaoka said the meeting aims to build a coordinated program for restoring citizenship rights.
• Eisenhower To Assume School Post, by P.C. Staff, page 3. Milton S. Eisenhower, first national director of the WRA, will leave his OWI post to become president of Kansas State College on September 1. He had organized the civilian agency to handle relocation of West Coast evacuees in 1942.
• Denver and Colorado Council of Churches Presents Facts to Refute Charges Against Evacuee Residents, by P.C. Staff, page 6. The Denver and Colorado Council of Churches challenged unfavorable newspaper coverage of relocation centers by presenting investigated facts. It found charges of food hoarding and pampering unsupported.
• Resettlement in Arizona to Be Withheld for Time Being, by P.C. Staff, page 7. Senator Carl Hayden assured Governor Osborn that the WRA would not open an employment office in Phoenix for Japanese American resettlement. WRA Director Dillon Myer promised to respect the governor’s objections.
• Release of 20,000 Evacuees Expected, by P.C. Staff, page 7. WRA employment chief Thomas Holland said 20,000 evacuees are expected to receive indefinite leave from the ten centers this year. The relocation program applies to evacuees moved from the West Coast.
• Poston Faced By Manpower Shortage; Commission Formed for Labor Study, by Frank Fukuda, page 7. Poston faced labor shortages after camouflage net factory hiring and army enlistments drew workers from project departments. A joint Manpower Commission of evacuees and administrators was formed to classify jobs and set wages.
• County Board Votes Against Nisei in Army, by P.C. Staff, page 7. The Santa Cruz County board of supervisors adopted resolutions opposing inclusion of Japanese descent men in the American Army and their return to the Pacific coast. The resolution cites security and community concerns.
• JACL Brief Entered in Supreme Court Case on Evacuation, by P.C. Staff, page 8. The JACL brief, signed by Saburo Kido, A. L. Wirin and others, argues the evacuation was unlawful and warns it could shadow the peace table. It affirms that Japanese Americans will continue to serve their country despite discrimination.
• Tule Lake Evacuees Fined for Snaring Ducks Near Center, by P.C. Staff, page 8. Two Tule Lake evacuees, George Kawaya and Yasukichi Natsuhara, were sentenced to jail terms for snaring ducks on a wildlife refuge. The court cited their inability to pay fines after losing farming occupations.
• Coverly Denies Tule Strike Story, by P.C. Staff, page 8. Project Director Harvey Coverly denied reports that a coal crew strike halted unloading at Tule Lake. He said volunteer crews eased the situation and no work stoppage occurred.
• Solano County Board Opposed Return of Evacuees to State, by P.C. Staff, page 8. The Solano County Board of Supervisors opposed the return of evacuees to California and instructed the district attorney to draft a resolution. The resolution was to be adopted at the next meeting.
• Heart Mountain Head Denies Extravagance in Food, by P.C. Staff, page 8. Director Guy Robertson said the March food costs of $119,804 for 10,588 residents did not indicate waste or extravagance. He explained canned goods purchases and point rationing changes.

Military & Veterans

• More Volunteers Leave From Hunt, by P.C. Staff, page 3. A second group of 31 American-born Japanese from the Minidoka center left for physical examinations at Fort Douglas. They will train in a Japanese American combat unit at Camp Shelby, Mississippi.

JACL

• JACL Officials Will Speak to New York Japanese Americans, by P.C. Staff, page 3. National JACL officials including Mike Masaoka, Saburo Kido, Dr. T. T. Yatabe and Larry Tajiri will address a mass meeting in New York City on May 16. Masaoka will also present JACL views at a meeting sponsored by the Common Council for American Unity.
• JACL News Calling!, by Joe Masaoka, page 6. Joe Masaoka reports on the difficulties Japanese Americans face in employment and housing in Denver. He describes efforts by JACL, churches and other groups to overcome these barriers.
• Davis County JACL Feted Nisei Volunteers, by P.C. Staff, page 8. The Davis County JACL chapter held a social honoring Kozo Yamane and John Nakaishi, who left to join the nisei combat team at Camp Shelby. The chapter presented them with gifts.

Commentary

• A Dangerous Argument, by P.C. Staff, page 4. The editorial condemns Solicitor General Fahy’s argument that Japanese Americans constitute a peculiar type requiring special racial classification. It calls such reasoning a dangerous echo of Mein Kampf and praises the JACL brief for refuting it.
• Victory at Marengo, by P.C. Staff, page 4. The editorial celebrates the Marengo, Illinois town vote approving Japanese American farm employment as a victory for democracy. It credits clergymen, citizens and the Kiwanis Club for reversing the earlier opposition.
• End of the Citizen, by P.C. Staff, page 4. The editorial argues that the nisei press, like other minority presses, will become unnecessary once full assimilation is achieved. It says the Pacific Citizen should disappear when Japanese Americans are no longer attacked on racial grounds.
• The Political Football, by P.C. Staff, page 5. The editorial argues that congressional attacks on the Heart Mountain relocation center are politically motivated attacks on New Deal agencies. It defends the WRA’s humane approach and notes that most evacuees have maintained faith in America.
• Says Racists Show Little Faith in American Civilization, by Grace Cook, page 5. Grace Cook, writing in the Shanghai Evening Post and Mercury, argues that racist senators and Legionnaires distrust the American civilization they claim to defend. She illustrates the point with letters from nisei interned in Japan who remain loyal to America.
• From the Frying Pan, by Bill Hosokawa, page 6. Bill Hosokawa urges Japanese Americans to use letters and public statements to counter anti-evacuee publicity. He notes that most people are fundamentally fair and can be persuaded by individual stories.
• Topaz Song Sought By Community Activities Contest, by P.C. Staff, page 6. Topaz announced a contest for an official Topaz song as part of National Music Week. The Community Activities section sponsors the contest with entries due May 7.
• Arn Nisei Says: Try Cottons for Inexpensive and Pretty Wardrobe, by Arn Nisei, page 6. A fashion column recommends cotton fabrics for an inexpensive and attractive summer wardrobe. It suggests specific garments including a tailored suit, dresses, pinafores and accessories.
• Americanese Suggested as Name for U.S. Japanese, by A. G. Learned, page 8. A letter to the editor from A. G. Learned proposes Americanese as a replacement term for Americans of Japanese ancestry. The writer offers this single suggestion.

In-Depth

• Harper’s Article Clarifies Role of Military in Japan, by P.C. Staff, page 4. Omori Harris, a former English teacher in Japan, argues in Harper’s that Japan is dominated by a militarist caste rather than its whole population. The article draws on nearly forty years of personal acquaintance with Japanese people across classes.

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