Alien land laws and restrictive covenants before the Supreme Court

Vol. 25, No. 23, December 13, 1947. 8 pages. View this issue

Pending Supreme Court cases led the news. Tosuke Yamasaki reported that observers expected a ruling on the Oyama case, which challenged California’s alien land law, though a decision might not come until spring. The Justice Department told the Court that restrictive covenants cannot be enforced, and hearings in those cases were pushed to January. Fresno County also filed a new case under the land law. Elsewhere on the front page, Mike Masaoka of the JACL Anti-Discrimination Committee asked the Justice Department to act on violent incidents in Yolo County, California.

Bill Hosokawa’s columns covered Denver jury selection and the treatment of Canada’s Nisei. Toshio Mori’s short story “The Adventurer” followed a six-year-old boy’s first day at school after Topaz. Several pages followed the case of Iva Toguri D’Aquino, and the paper announced a 56-page holiday edition. Sports briefs and chapter news fill the last pages.

What’s in this issue

National

• Likelihood Seen for Early Supreme Court Decision on Validity of Alien Land Act, by By TOSUKE YAMASAKI, page 1. Observers expect the U.S. Supreme Court to rule on the Oyama case challenging California’s alien land law, though the decision may be delayed until spring. The Court is also reviewing restrictive covenant cases that could reshape the enforcement of racial deeds.
• Canadian Evacuees File Suit for Three Millions in Losses, by P.C. Staff, page 1. More than a thousand claims totaling over $3,000,000 were filed with a Canadian commission investigating wartime evacuation losses. The commission is seeking federal intervention to address property disposed of through private custodians.
• California Files New Case Under Alien Land Law, by P.C. Staff, page 1. Fresno County is seeking to escheat forty acres of farmland originally bought by Nisei owners in 1930 and later resold. The case follows a similar action in Madera and targets the original Nisei owners.
• Court Grants Second Delay to Kawakita Trial, by P.C. Staff, page 1. Federal Judge Benjamin Harrison postponed until December 15 the hearing on the defense motion challenging jurisdiction in the trial of Tomoya Kawakita. Defense counsel Morris Lavine argued the trial should take place in Japan.
• Justice Department Declares Covenants Not Enforceable, by P.C. Staff, page 1. The Justice Department filed a brief with the Supreme Court arguing that restrictive covenants barring minorities from residential areas cannot be enforced by courts. The brief was submitted in three pending cases from Detroit, St. Louis, and Washington, D.C.
• Los Angeles City Council Says Return of Tokyo Rose Will Taint Nisei Reputation, by P.C. Staff, page 2. The Los Angeles City Council unanimously passed a resolution opposing the return of Iva Toguri D’Aquino to the United States. Councilman Harold Harby argued her return would harm the reputation of loyal Japanese Americans.
• U.S. Action May Bar Return of Mrs. D’Aquino to America, by P.C. Staff, page 2. The Justice Department reversed its earlier position and said Mrs. D’Aquino is not being permitted to return at this time. It is seeking evidence to prosecute her for alleged wartime propaganda broadcasts.
• Iva Toguri Says Inquiry by FBI Cleared Status, by P.C. Staff, page 2. Mrs. Iva Toguri D’Aquino said in Tokyo that the FBI closed its case against her when she was released from Sugamo prison a year ago. She claimed other native-born Americans also worked on the Radio Tokyo program.
• Paper Reports Disappearance of Key Witnesses in Tokyo Rose Case, by P.C. Staff, page 2. The Army Times reported that two witnesses, including a former GI, had vanished, hampering prosecution of Mrs. D’Aquino. The Justice Department said it was unaware of any missing witnesses.
• Canada Will Recognize Citizen Rights of Nisei Group in Japan, by P.C. Staff, page 2. Canada’s Undersecretary of State for External Affairs announced that persons of Japanese ancestry in Japan claiming Canadian citizenship will be recognized if they substantiate their claims. Approximately 2,000 Japanese Canadians are believed stranded in Japan.
• Unanimous Opinion Reverses Mississippi Murder Conviction, by P.C. Staff, page 2. The Supreme Court unanimously reversed the murder conviction of a Mississippi Negro, finding that juries had been purposely selected on racial grounds. The court ruled the state failed to rebut evidence of systematic exclusion.
• Named by Attorney General as Subversive Groups Now Defunct, by P.C. Staff, page 4. The Justice Department released a 1943 list of 21 Japanese organizations labeled subversive, none of which is currently in existence. The publication may create misconceptions about the wartime record of Japanese Americans.

Military & Veterans

• Nisei Veteran Wins Homestead in U.S. Drawing, by P.C. Staff, page 1. J. Y. Kobayashi of Idaho Falls was among 55 veterans selected in the Riverton, Wyoming homestead drawing. Each winner received a 160-acre tract.
• Cargo for Army Ship Named for Nisei Hero, by P.C. Staff, page 3. The Wilson Victory was renamed the USAT Sadao S. Munemori in honor of the Los Angeles Nisei Medal of Honor recipient killed in Italy in 1945. The ship is now used as a cargo vessel in the Pacific.
• A Hero Comes Home, by P.C. Staff, page 4. The editorial, reprinted from the Hawaii Times, celebrates the docking of the USAT Sadao S. Munemori in Honolulu. It calls for public recognition of the gallant soldier and his fellow soldiers.
• Alien Veterans May Get Another Chance to Win Citizenship, by P.C. Staff, page 7. Two bills introduced in the House would reopen the naturalization filing period for alien veterans who served honorably in the U.S. armed forces. The JACL ADC is pressing for amendments to include all aliens, not just those eligible for citizenship.

Community

• Nisei Student Wins Prize in Hearst Contest, by P.C. Staff, page 1. Noriko Chiwaki, a 15-year-old Belmont High School student, placed second in the Los Angeles competition of the Hearst American history awards. She won $150 in savings bonds and advanced to the national competition.
• Nisei Volunteers as Nurse for Polio Cases, by P.C. Staff, page 1. Mary Y. Natsuhara of Auburn, Washington, flew to Boise with five other nurses to assist with the polio epidemic. She was among the first volunteers answering the Red Cross call.
• Salt Lake Girl Will Wed Veteran, by P.C. Staff, page 2. Lily Yuriko Kamikawa of Salt Lake City will marry William Chiyosun Oshiro of Honolulu on December 22. Oshiro is a 442nd Combat Team veteran who was wounded in France and is studying law at the University of Utah.
• Sacramento JACL Calls General Meet for Reactivation, by P.C. Staff, page 2. The reactivated Sacramento JACL chapter called its first general meeting for December 16 to discuss its constitution and membership drive. Nisei are urged to attend.
• Community Center Prepared by Church for Chicago Group, by P.C. Staff, page 2. The Ellis Community Center in Chicago is being renovated to serve the growing Japanese American community, with a dedication planned for January. Programs will include a nursery school, after-school activities, and a teen canteen.
• Another Freedom Train, by P.C. Staff, page 2. A freedom train carrying clothing, food, and medical supplies will travel to the starving Navajo Indians of the southwest. The effort is sponsored by the American Indian Citizens League with the Navajo Trail Relief Fund.
• Esther Sato Wins Queen Title at Cleveland Dance, by P.C. Staff, page 3. Esther Sato was crowned queen of the Autumn Serenade ball sponsored by the Cleveland JACL on November 29. It was the first semi-formal dance sponsored by and for Nisei in the city.
• East Bay JACL Will Install New Officers at Dinner, by P.C. Staff, page 3. The East Bay JACL chapter will hold its annual installation and awards banquet on December 18 in Emeryville. National Director Joe Grant Masaoka will install the 1948 officers.
• Disclose Figure in Palo Alto Case Has Nisei Wife in Hawaii, by P.C. Staff, page 3. Howard Durham, involved in a Palo Alto murder case involving Jadwiga Curtin, was revealed to have a Japanese American wife and two children in Honolulu. Mrs. Durham said her husband had sent her to Hawaii and told her to wait for him.
• Holiday Edition, by P.C. Staff, page 4. The annual Pacific Citizen holiday issue will be the largest in its history at 56 pages, reflecting the economic reestablishment of Japanese Americans. The staff thanked contributors, advertisers, and JACL chapters for making it possible.
• Japanese Student Club at UC Will Be Opened Soon, by P.C. Staff, page 4. A Japanese Student Club at the University of California men’s dormitory is tentatively set to open soon. A committee of representatives from the university is meeting to discuss the lease terms.
• Fujihira, Okada Named Candidates for Milwaukee Post, by P.C. Staff, page 6. Kiyoshi Nobusada was elected president of the Monterey JACL at its general election meeting, with a full slate of officers named. Nobusada was also chosen to represent the Monterey Peninsula Council for Civic Unity on the state board.
• Dissolve Group Formed to Aid Japanese Evacuees, by P.C. Staff, page 7. The San Francisco Council for Civic Unity dissolved its Japanese American resettlement committee after several years of activity. Chairman Mrs. Caroline Duveneck praised the work of Nisei groups in solving their own problems.
• Group Aids ADC Financial Campaign, by P.C. Staff, page 7. The Northwest Naturalization and Evacuation Claims Committee of Seattle donated $2,000 to the JACL Anti-Discrimination Committee. The organization was formed to support the JACL legislative program for Issei naturalization.
• Four Candidates Named for Murray Chapter Presidency, by P.C. Staff, page 7. Four candidates were nominated for president of the Mount Olympus JACL chapter in Murray, Utah. The December 4 meeting also featured a Casa del Mole night club-themed program and discussion of Blue Cross plans.
• Open Drive for Full Rights for Japanese Americans, by P.C. Staff, page 8. Denver Nisei opened a fundraising drive to finance the JACL Anti-Discrimination Committee’s campaign for full citizenship rights. Leaders including Michiko Kawai and Roy Takeno are organizing the effort.
• New Jersey AFL Union Plans Appeal to Congress for Evacuation Claims, by P.C. Staff, page 8. Local 56 of the AFL Meat, Cannery and Farm Workers union plans to ask Congress to reimburse evacuees now employed at Seabrook Farms and Deerfield Packing for wartime property losses. Vice-president Elmer J. Hewitt said the evacuees are good union members.
• Seattle Girl Wins History Award, by P.C. Staff, page 8. Etsuko Ichikawa was named winner of the American History Contest Award at Garfield high school in Seattle. The item reports on her recognition in the competition.

JACL

• ADC Financial Drive Launched in Colorado Area, by P.C. Staff, page 1. A financial campaign for the JACL Anti-Discrimination Committee was launched in the La Jara-Alamosa and Blanca areas of Colorado. Issei supporters and community leaders are organizing meetings to raise funds.
• JACL Representatives Confer with State, War Departments on Problems of Nisei, Issei Stranded in Japan, by P.C. Staff, page 2. A. L. Wirin and Mike Masaoka met with State and Army Department officials and the Far Eastern Commission about stranded Nisei and Issei in Japan and property title issues. They also pressed immigration authorities on limited passports and deportation cases.
• Issei Supporters Pledge Full Support to ADC Legislative Program at National Meeting, by P.C. Staff, page 3. Delegates to the Kikaken Kisei Domei national conference in San Francisco pledged support for the JACL ADC’s 1948 budget of $170,000. They also reaffirmed their desire for American citizenship and backed legislation removing racial restrictions from naturalization.
• Detroit JACL Plans New Year’s Eve Fete, by P.C. Staff, page 3. The Detroit JACL chapter will sponsor a New Year’s Eve dance at the YWCA with Tom Watson and his Commodores. Bids are $2.40 per person.

Incarceration & Redress

• Ask Justice Department Action as Retrial Set for Lopez in Beating of Nisei, by P.C. Staff, page 1. Mike Masaoka of the JACL ADC urged the Justice Department to act on three recent violent incidents against Japanese Americans in Yolo County, California. A retrial for Edward Pete Lopez, accused in the beating of Henry Akao and Taira Matsushita, was set for December 16.

Commentary

• The Right to Have Scoundrels, by P.C. Staff, page 2. The writer argues minority groups want the same right as others to have fools and scoundrels without each being held representative of their group. Defending minorities only by pointing to their geniuses is an inadequate approach.
• Subversive Groups, by P.C. Staff, page 4. The editorial argues that the 21 Japanese organizations listed as subversive by the Justice Department are defunct and that most Issei had only tenuous ties to them. It contends that labeling the Japanese Associations and Kibei groups as subversive is unwarranted.
• Flowers for the Living, by P.C. Staff, page 4. The editorial praises Dr. Monroe E. Deutsch, provost emeritus of the University of California, who was honored by 600 colleagues in San Francisco. It notes his role in defending Japanese Americans during the wartime hysteria.
• Xmas Seals Fight Disease, by Bill Hosokawa, page 5. Hosokawa reflects on the annual anti-tuberculosis Christmas seals and the friends of his youth lost to the disease. He notes early diagnosis and proper care could have saved many lives.
• The Frying Pan, by Bill Hosokawa, page 5. The column criticizes Denver jury commissioner John Goodman for deliberately including minority names in jury wheels, calling it a form of discrimination. It argues juries should be drawn from citizens regardless of race.
• Canadian Nisei Bear Up, by Bill Hosokawa, page 5. The column argues Canada’s treatment of its citizens of Japanese ancestry has been shameful and urges Canadians to think for themselves rather than follow racist British Columbia attitudes. It praises Canadian Nisei for bearing up under difficult conditions.

Arts & Entertainment

• A Film Hits Anti-Nisei Prejudice, by P.C. Staff, page 4. The column examines Hollywood films Daisy Kenyon and Gentlemen’s Agreement and the newer film Body and Soul, which address prejudice in America. It notes Daisy Kenyon is the first Hollywood film to speak out against anti-Nisei hatemongers in California.
• The Adventurer, by Toshio Mori, page 5. Six-year-old Hiroshi, a Nisei boy recently returned from Topaz, faces his first day at Hawthorne elementary school with fear and loneliness. His mother reassures him, and he walks to school gaining courage from the bustle of the street.

In-Depth

• Kiosk: Progressive Agriculturists, by P.C. Staff, page 5. The column notes that four Abo brothers, Nisei farmers near Rupert, Idaho, mechanized their sugar beet harvest. It argues Japanese American farmers can be progressive agriculturists despite past stereotypes.
• Preewar Scene: Writers in New York, by P.C. Staff, page 5. The column describes prewar Japanese writers in New York employed by Japanese newspapers and propaganda outfits, and the lack of Nisei writers establishing themselves in American publishing. It then surveys opportunities in book publishing, magazines, short stories, and radio for Nisei writers.

Sports

• Salt Lake Nisei Cagers Will Play in Jordan Gym, by P.C. Staff, page 6. The fourth round of the Salt Lake Nisei basketball league will be played at Jordan high school gymnasium starting January 7, 1948. The schedule for teams including Seagulls, Zephyrs, and Aztecs was released.
• Buddhists Sponsor Central California Basketball League, by P.C. Staff, page 6. The Central California Young Buddhists Association basketball league began with eleven teams competing through December 21 at Fowler high gym. The winner will represent the Central California Bussei at the January state tournament in Sacramento.
• Nisei Cagers Enter National Tourney, by P.C. Staff, page 6. An all-Oriental basketball tournament will be held at Seattle Pacific College gymnasium on December 27 with eight teams, including the Hawaiian All-Stars and the Salt Lake Seagulls. The event is co-sponsored by the Nisei Veterans Club and the Cathay Post.
• Fujihara Named to Prep All-Stars, by P.C. Staff, page 7. Everett Fujihara, star guard for Analy high school, was selected to the 1947 North Bay League all-star team by coaches. He was the only Analy player named to either the first or second team.
• Hirota’s Long Run Spurs Hawaii Win Over Fresno State, by P.C. Staff, page 8. Hawaii’s Roaring Rainbows defeated Fresno State 27 to 13 in the Shrine bowl before 27,400 fans. Halfback Jyun Hirota’s 66-yard run in the second quarter was a key play.

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