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Japanese Americans (1)
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1521968
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Japanese Americans (1)
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The original documents are located in Box 24, folder "Japanese Americans (1)" of the
Gwen Anderson Files at the Gerald R. Ford Presidential Library.
Copyright Notice
The copyright law of the United States (Title 17, United States Code) governs the making of
photocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United
States of America his copyrights in all of his unpublished writings in National Archives collections.
Works prepared by U.S. Government employees as part of their official duties are in the public
domain. The copyrights to materials written by other individuals or organizations are presumed to
remain with them. If you think any of the information displayed in the PDF is subject to a valid
copyright claim, please contact the Gerald R. Ford Presidential Library.
THE
STATE
OF
1889 THE SEAL OF MASHINGTON
STATE OF WASHINGTON
OFFICE OF THE GOVERNOR
OLYMPIA
DANIEL J. EVANS
GOVERNOR
October 3, 1975
Mrs. Gwen Anderson
Deputy Assistant to
LIBRARY
Counselor Hartmann
West Wing - Basement
The White House
0.3.470
Washington, D. C. 20500
Dear Gwen:
I have been on the road much of the time since our meeting last month. However,
I want to first of all thank you for your many courtesies, particularly the White
House tour. For a boy from the provinces--and perhaps for any American--it is
a real thrill to see and be in the offices and roomsin the presidential suite.
Secondly, I want to let you know that I had an excellent reception from Dick Allison
in the Vice President's office and Dudley Chapman, Associate Counsel to the Presi-
dent. Dick indicated that he would get the matter of Executive Order 9066 on the
agenda of the Domestic Council and Mr. Chapman expressed the belief (admittedly
tentative) that there would be no legal bar to the recission by the President of E.O.
9066. As I indicated to you, this action would have great meaning to all persons of
Japanese descent, as well as to the rest of us who feel that the E.O. was and remains
a terrible blot in our history.
It is also important that the matter of the E.O. be kept separate from the issue of
"reparations". The two are not connected and in my judgment to tie them together
would be completely unnecessary and divert us from the main effort of the recission
of the E.O.
Finally, I believe it is important that the Japanese-American Citizens League, which
has been the moving force behind the recission of the order, deal directly with those
of you in the White House who are working on the issue. Mich Matsudaira, Executive
Director of our Asian-American Affairs Commission, has been in touch with the
Washington, D. C. representative of the JACL, Wayne Horiuchi, and I understand
he either has or will be in touch with your office. The Governor and this office will,
aser Y T00
Mrs. Gwen Anderson
Page Two
October 3, 1975
of course, lend any assistance possible in this effort, but I believe the citizens
of Japanese heritage rather than this office should be the moving force.
Best regards,
Sincerely,
1
James M. Dolliver
Administrative Assistant
JMD: ks
cc:
Dick Allison
Dudley Chapman
Martin M. Matsudaira
FORD
DEPARTMENT
THE WHITE HOUSE
WASHINGTON
October 10, 1975
MEMORANDUM FOR:
BOB HARTMANN
FROM:
PHIL BUCHEN
SUBJECT:
Recision of Executive Order
Authorizing Japanese Internment
Camps
Governor Dan Evans of Washington has requested that the President
revoke E.O. 9066 under which the Japanese Internment Camps were
established during World War II, and that he do so on February 19,
1976, which will be the 34th anniversary of the Order.
The Order (Tab A) did not itself establish the camps, but authorized the
Secretary of War to prescribe military areas from which any persons
may be excluded and delegated to the Secretary of War or a military
commander full authority to restrict the right of any person to enter,
remain in or leave the areas.
After E.O. 9066 was issued, Congress gave it legislative sanction
under a law still in force as 18 U.S.C. 1383 (Tab B) which makes it
an offense to enter or remain in a military zone prescribed in an
Executive Order of the President. The internment program was
later sustained by the Supreme Court.
As a delegation of authority under a statute still in force, it is under-
standable that non-lawyers could believe there is still something in
existence that could be rescinded. Legally, however, the Order
was expressly based upon "the successful prosecution of the War",
and under established judicial precedents would be deemed to have
expired by its own terms upon the conclusion of that emergency.
Any number of executive orders as well as statutes expire or become
"functus officio" when their purpose is accomplished without the need
for any rescinding or repealing action. To purport to take such an
action here would be legally pointless and risk making the President
FORD
LIBRARY
076830
- 2
look foolish. It would also prompt additional requests of this kind
that could be politically embarrassing.
As an alternative to rescinding an already defunct order, the President
could issue a commemorative statement on the anniversary date. This
could be in the form of a proclamation praising the loyalty of Japanese
Americans, expressing his regret for a blot on our history, noting
that the Roosevelt order expired with the War, and disclaiming the
use of such a practice in the future.
LIBRARY
STATE
E. O. 9064
Title 3-The President
the Civil Service Act (22 Stat. 404), it is
not in excess of six dollars a day while
hereby ordered as follows:
en route to the port of departure and
awaiting transportation therefrom.
1. The United States Civil Service
Commission is authorized to adopt and
2. The Governor of The Panama Canal
prescribe such special procedures and
may prescribe such regulations as may
regulations as it may determine to be
be necessary to carry out the provisions
necessary in connection with the re-
of this order.
cruitment, placement, and changes in
3. This order shall be effective as of
status of personnel for all departments,
February 1, 1942, and shall remain in
independent establishments, and other
force during the continuance of the
Federal agencies, except positions in the
present war and for six months after the
field service of the postal establishment.
termination thereof.
The procedures and regulations thus
FRANKLIN D ROOSEVELT
adopted and prescribed shall be binding
with respect to all positions affected
THE WHITE HOUSE,
thereby which are subject to the provi-
February 16, 1942.
sions of the Civil Service Act and Rules.
2. Persons appointed solely by reason
EXECUTIVE ORDER 9065
of any special procedures adopted under
authority of this order to positions sub-
AMENDMENT OF SECTION 11 OF THE REGU-
ject to the provisions of the Civil Service
LATIONS GOVERNING HIGHWAYS, VEHI-
Act and Rules shall not thereby acquire
CLES, AND VEHICULAR TRAFFIC IN THE
CANAL ZONE
a classified (competitive) civil-service
status, but, in the discretion of the Civil
By virtue of the authority vested in me
Service Commission, may be retained for
by sections 5 and 321 of title 2 of the
the duration of the war and for six
Canal Zone Code, it is ordered that sec-
months thereafter.
tion 11 of Executive Order No. 7242 of
December 6, 1935, prescribing regulations
FRANKLIN D ROOSEVELT
governing highways, vehicles, and vehic-
THE WHITE HOUSE,
ular traffic in the Canal Zone, be, and
February 16, 1942.
it is hereby, amended to read as follows:
SEC. 11. Governor authorized to make
regulations. The Governor is hereby au
EXECUTIVE ORDER 9064
thorized to make, alter, and amend from
time to time, rules and regulations for
AUTHORIZING THE GOVERNOR OF THE PAN-
the purpose of carrying out the provisions
AMA CANAL To FURNISH CERTAIN TRANS-
of this order, and in time of war in which
PORTATION TO PERSONS ENGAGED FOR
the United States is engaged or when
SERVICE ON THE ISTHMUS OF PANAMA
in the opinion of the Governor war is
imminent, the Governor is hereby author-
By virtue of the authority vested in me
ized, subject to the provisions of Execu-
by section 81 of title 2 of the Canal Zone
tive Order No. 8232 of September 5,
Code, as amended by section 3 of the act
1939, to amend, modify, supplement, or
of July 9, 1937, c. 470, 50 Stat. 487, it is
suspend this order, or any provision
hereby ordered as follows:
thereof, for the duration of any such
1. Notwithstanding the provisions of
period, when in his judgment such action
paragraph 3 of Executive Order No. 1888
is necessary in the public interest.
of February 2, 1914, relating to condi-
tions of employment in the Panama
FRANKLIN D ROOSEVELT
Canal service, the Governor of The Pan-
THE WHITE HOUSE,
ama Canal is authorized (1) to furnish
February 17, 1942.
free transportation, or to make reim-
bursement of cost thereof, from any
point within the continental United
EXECUTIVE ORDER 9066
States to the port of departure for the
Isthmus of Panama, to any person en-
AUTHORIZING THE SECRETARY OF WAR TO
gaged for service with The Panama
PRESCRIBE MILITARY AREAS
Canal on the Isthmus (2) to furnish
free transportation from the port of de-
WHEREAS the successful prosecution
parture to the Isthmus; and (3) to pay
of the war requires every possible pro-
to such person a subsistence allowance
tection against espionage and against
E
LIBRARY
Page 1092
GENATO
Chapter II-Executive Orders
E. O. 9067
y while
sabotage to national-defense material,
cies, to assist the Secretary of War or
ure and
national-defense premises, and nation-
the said Military Commanders in carry-
m.
al-defense utilities as defined in Section
ing out this Executive Order, including
a Canal
4, Act of April 20, 1918, 40 Stat. 533, as
the furnishing of medical aid, hospital-
as may
amended by the Act of November 30,
ization, food, clothing, transportation,
ovisions
1940, 54 Stat. 1220, and the Act of Au-
use of land, shelter, and other supplies,
gust 21, 1941, 55 Stat. 655 (U.S.C., Title
equipment, utilities, facilities, and serv-
e as of
50, Sec. 104)
ices.
pain in
NOW, THEREFORE, by virtue of the
This order shall not be construed as
of the
authority vested in me as President of
modifying or limiting in any way the
iter the
the United States, and Commander in
authority heretofore granted under Ex-
Chief of the Army and Navy, I hereby
ecutive Order No. 8972, dated December
EVELT
authorize and direct the Secretary of
12, 1941, nor shall it be construed as lim-
War, and the Military Commanders
iting or modifying the duty and respon-
whom he may from time to time desig-
sibility of the Federal Bureau of Investi-
nate, whenever he or any designated
gation, with respect to the investigation
Commander deems such action neces-
of alleged acts of sabotage or the duty
sary or desirable, to prescribe military
and responsibility of the Attorney Gen-
areas in such places and of such extent
eral and the Department of Justice un-
REGU-
as he or the appropriate Military Com-
der the Proclamations of December 7
VEHI-
mander may determine, from which any
and 8, 1941, prescribing regulations for
N THE
or all persons may be excluded, and with
the conduct and control of alien ene-
respect to which, the right of any person
mies, except as such duty and responsi-
in me
to enter, remain in, or leave shall be
bility is superseded by the designation of
of the
subject to whatever restrictions the Sec-
military areas hereunder.
t sec-
retary of War or the appropriate Mili-
242 of
tary Commander may impose in his dis-
FRANKLIN D ROOSEVELT
ations
cretion. The Secretary of War is hereby
THE WHITE HOUSE,
vehic-
authorized to provide for residents of
:, and
any such area who are excluded there-
February 19, 1942.
llows:
from, such transportation, food, shelter,
make
and other accommodations as may be
EXECUTIVE ORDER 9067
ly au-
necessary, in the judgment of the Sec-
from
retary of War or the said Military Com-
PROVIDING FOR THE TRANSFER OF
IS for
mander, and until other arrangements
PERSONNEL TO WAR AGENCIES
isions
are made, to accomplish the purpose of
which
this order. The designation of military
By virtue of the authority vested in me
when
areas in any region or locality shall su-
by the Civil Service Act (22 Stat. 403),
ar is
persede designations of prohibited and
and by Section 1753 of the Revised Stat-
thor-
restricted areas by the Attorney General
utes of the United States (U.S.C., title 5,
recu-
under the Proclamations of December 7
sec. 631), and in order to expedite the
er 5,
and 8, 1941, and shall supersede the re-
transfer of personnel to war agencies,
it, or
sponsibility and authority of the Attor-
it is hereby ordered as follows:
ision
ney General under the said Proclama-
1. For the purpose of facilitating
such
tions in respect of such prohibited and
transfers of employees under the provi-
ction
restricted areas.
sions of this Order, the Director of the
I hereby further authorize and direct
Bureau of the Budget shall from time to
the Secretary of War and the said Mili-
time establish priority classifications of
LT
tary Commanders to take such other
the several Executive departments and
steps as he or the appropriate Military
agencies, or of parts or activities thereof,
Commander may deem advisable to en-
in respect to their relative importance
force compliance with the restrictions
to the war program, and such classifica-
applicable to each Military area herein-
tions shall be controlling as to transfers
above authorized to be designated, in-
under the provisions of this Order.
cluding the use of Federal troops and
2. The Civil Service Commission is au-
TO
other Federal Agencies, with authority
thorized to secure information as to em-
to accept assistance of state and local
ployees of Executive departments and
agencies.
agencies who are deemed competent to
ion
I hereby further authorize and direct
perform essential war work in depart-
ro-
all Executive Departments, independent
ments or agencies having a higher pri-
nst
establishments and other Federal Agen-
ority classification, and, with the consent
Page 1093
TAI
B
THE
Ch. 67
MILITARY AND NAVY
18 § 1383
in Nebraska and the entire state of Ne-
mander not to re-enter, testimony by
braska constituted one judicial district,
chief of detectives of naval shipyard that
was no question as to proper alle-
areas in question, though outside perime-
gation of venue in each information and
ter fence, were within perimeter area of
matter then became one of proof. Hold-
reservation and were patrolled by mili-
ridge Γ. U. S., C.A.Neb.1960, 282 F.2d 302.
tary police of shipyard that there were
signs at entrance to the areas, that the
In prosecution of defendants for re-
entry into a military reservation after
areas were United States property and
having been removed from it and ordered
that no peddling or soliciting was allowed
not to re-enter, evidence including gov-
was sufficient to prove ownership or pos-
session by United States. U. S. V. Pack-
ement exhibits consisting of maps
ard, D.C.Cal.1964, 236 F.Supp. 5S5, af-
showing military reservation within Ne-
firmed 339 F.2d S87.
braska was sufficient to establish venue
within the judicial district of Nebraska.
Evidence that Fuller Road was within
Id.
the area taken for the Quantico Marine
Corps Reservation did not alone justify
3. Barden of proof
inference that the taking destroyed the
In sustain charge of an information
strip as a road and dissolved all rights
alleging a violation of former section 97
of user theretofore held by the public or
of this title in that defendant reentered
by persons having a special interest
a Marine Corps Reservation Road after
therein but merely established the au-
having been ordered not to do so by the
thority of the United States to police the
commanding General, the Government
road and to punish a defendant for im-
had to show an absolute ownership or
proper conduct thereon. U. S. V. Watson,
an exclusive right to possession of the
D.C.Va.1948, S0 F.Supp. 649.
road, and proof of criminal jurisdiction
of the road is not enough. U. S. V. Wat-
6. Instructions
son, D.C.Va.1948, 80 F.Supp. 649
In prosecution for re-entry into mili-
tary reservation after having been re-
4. Evidence-Admissibility
moved therefrom, instruction of court
In prosecution for re-entry into a mill-
which included a reading from two infor-
tary reservation after having been re-
mations after court had carefully pointed
moved therefrom and ordered not to re-
out that reading was solely for the pur-
enter, trial court did not err in denying
pose of informing jury of the exact charg-
admission of evidence by defendant as
es made, was not erroneous as consti-
to purpose of re-entry. Holdridge V.
tuting undue emphasis on what was not
C. S., C.A.Neb.1960, 282 F.2d 302.
evidence upon issue of venue. Holdridge
V. U. S., C.A.Neb.1960, 282 F.2d 302.
5.
Weight and sufficiency
In prosecution for re-entering naval
reservation after being ordered by com-
§ 1383.
Restrictions in military areas and zones
Whoever, contrary to the restrictions applicable thereto, enters,
remains in, leaves, or commits any act in any military area or mili-
tary zone prescribed under the authority of an Executive order of
the President, by the Secretary of the Army, or by any military com-
mander designated by the Secretary of the Army, shall, if it appears
that he knew or should have known of the existence and extent of
the restrictions or order and that his act was in violation thereof, be
fined not more than $5,000 or imprisoned not more than one year, or
both. June 25, 1948, c. 645, 62 Stat. 765.-
Historical and Revision Notes
Reviser's Note. Based on Title 18, U.S. Words "be guilty of a misdemeanor"
C., 1940 ed., § 97a (Mar. 21, 1942, C. 191, 56 were deleted as unnecessary in view of
Stat. 173).
definitive section 1 of this title.
455
WAYNE K. HORIUCHI
WASHINGTON REPRESENTATIVE
JAPANESE AMERICAN CITIZENS LEAGUE
Mrs. Anderson:
I thought you might be
interested in this package
which was prepared by us.
We deeply appreciate your
support in this and I'll make
sure that Governor Evans'
office is notified of our
follow through.
Thank you.
FORD &
076830 LIBRARY All Wayne good Horiuchi things to you,
1730 RHODE ISLAND AVE., N.W.
AREA CODE 202
SUITE 204
223-1240
WASHINGTON. D.C. 20036
JAPANESE AMERICAN CITIZENS LEAGU
1730 Rhode Island Ave. I 200 N.U
WASHINCTONDS P.S.
WASHINGTON OFFICE
JACL
JAPANESE AMERICAN CITIZENS LEAGUE
UNITYD
1730 RHODE ISLAND AVENUE. N.W.
WASHINGTON. D.C. 20036
(202) 223-1240
NATIONAL HEADQUARTERS. JACL
DAVID E. USHIO NATIONAL DIRECTOR
SUTTER
1765 POST STREET
WAYNE K. HORIUCHI
SAN FRANCISCO. CALIFORNIA 94115
WASHINGTON REPRESENTATIVE
(415) 921-5225
November 14, 1975
Mr. Gerald R. Ford
The White House
Washington, D.C. 20500
Dear Mr. President:
This is to transmit a request by the Japanese American
Citizens League (JACL) that you rescind Executive Order 9066,
which led to the internment of 112,000 Americans of Japanese
ancestry in American concentration camps during World War II.
The Order was issued on February 19, 1942 by President Franklin
D. Roosevelt and remains in effect to this day, symbolic of
a dark period in the history of the United States when the rights
and privileges of citizenship were denied a group of Americans -
as a matter of public policy and solely on the basis of race.
The JACL is an organization of 30,000 members with 98 chapters
throughout the United States which not only represents the interests
of Japanese Americans, but is also committed to the extension,
enhancement and preservation of the fundamental human and civil
rights of all Americans. We are therefore most concerned that the
instrument which led to the deprivation of the rights and liberties
of so many be cancelled and removed as a blot from among the laws
of the land.
We have attached letters from many prominent and distinguished
individuals who support the Japanese American Citizens League in
this request. The following individuals urge rescission of
Executive Order 9066:
The Honorable Hiram L. Fong
The Honorable Daniel K. Inouye
The Honorable Spark Matsunaga
The Honorable Norman Y. Mineta
The Honorable Patsy T. Mink
Mr. William Hosokawa, Associate Editor of the DENVER POST
Mr. Jack Kusaba, Senior Vice President, Sumitomo Bank of
California
Mr. William Marumoto, Former Special Assistant to
President Nixon
FOR BETTER AMERICANS IN A GREATER AMERICA
Mr. Joseph L. Rauh, Jr., Counsel, Leadership Conference
On Civil Rights
Mr. Edwin O. Reischauer, former Ambassador to Japan and
Professor at Harvard University
Mr. Shigeki Sugiyama, President of the Japanese American
Citizens League
We hope that other letters will be forthcoming in the immediate
future.
As background information we have enclosed a chronology of
the implementation of Executive Order 9066, a copy of the original
executive order, and the Civilian Exclusion Orders which were
issued by the Army pursuant to Executive Order 9066 and subsequently
caused the evacuation and internment of the Japanese American.
In addition, the Congress of the United States is considering
the repeal of Title 18, USC 1383, which gave statutory sanction to
Executive Order 9066. The House has voted 388 to 4 for repeal
while the Senate will consider it shortly. Part of the House
Judiciary Report is also enclosed.
We respectfully request your most serious and favorable
consideration to rescind Executive Order 9066.
Sincerely
Wayne k. Horiuchi
Washington Representative
David Ushio
National Executive Director
Enclosure
I. Endorsement Letters
II. Informational Attachments:
Letter from Office of Governor Daniel J. Evans
Chronology of E.O. 9066
Copy of E.O. 9066
Copy of Civilian Exclusion Orders
Judiciary Committee Report on National Emergencies
FORD
LIBRARY
de
07V830
I. ENDORSEMENT LETTERS
FORD LIBRARY
017839
HIRAM L. FONG
HAWAII
United States Senate
WASHINGTON, D.C. 20510
November 4, 1975
Mr. Wayne K. Horiuchi
Washington Representative
Japanese American Citizens League
1730 Rhode Island Ave., N.W., Suite 204
Washington, D.C. 20036
Dear Mr. Horiuchi:
I am writing to express my wholehearted endorse-
ment of the Japanese American Citizens League in its ef-
forts to encourage rescission of Executive Order 9066,
under which evacuation of persons of Japanese ancestry was
carried out during World War II.
I have been privileged to know the JACL for many
years and fully endorse your organization's goals and his-
torical record of achievement.
The action to evacuate and intern 110,000 persons
of Japanese ancestry in relocation camps was a human trage-
dy in American history.
As a member of the Senate Judiciary Committee
concerned with issues of civil liberties, I believe favor-
able consideration should be given the rescinding of Execu-
tive Order 9066.
With best regards and aloha,
Sincerely,
Chram Hiram L. Fong L thing
HLF:1nm
SPARK M. MATSUNAGA
DEPUTY MAJORITY WHIP
1ST DISTRICT, HAWAII
MEMBER:
WASHINGTON OFFICE:
COMMITTEE ON RULES
442 CANNON BUILDING
20515
Congress of the United States
STEERING
AND POLICY COMMITTEE
HONOLULU OFFICE:
house of Representatives
CHAIRMAN, SUBCOMMITTEE
218 FEDERAL BUILDING
OF SELECT
96813
COMMITTEE ON AGING
Washington, D.C. 20515
November 11, 1975
The President
The White House
Washington, D. C. 20500
Dear Mr. President:
I am writing in support of the Japanese American
Citizens League's request that Executive Order 9066,
signed by President Franklin Delano Roosevelt on
February 19, 1942, be officially rescinded.
Executive Order 9066 was responsible for the
internment of over 112,000 persons of Japanese ancestry,
over two-thirds of whom were American citizens.
February 19, 1976 will mark the 34th Anniversary
of the signing of Executive Order 9066 and it would be
a fitting gesture if the order were formally rescinded
by you on that date.
I am certain that we all recognize that the
internment of the 112,000 persons during 1943-45 was
a grave injustice and constitutes a shameful blot on the
history of our nation. If there is any lesson to be
gained from Executive Order 9066, it is not that the
incredible did happen in America, but that it must never
again be allowed to happen to any group anywhere under
the American flag.
In 1971 Congress took a step to insure that the
terrible injustice of Executive Order 9066 would never
be repeated. Title II of the Emergency Detention Act
of the Internal Security Act of 1950 was repealed after
a three year effort on my part. I was privileged to
have your support in that effort on the floor of
the House.
I believe that the opportunity to take the
second step is here. The recission of Executive Order
9066 will surely be one of the highlights of America's
The President
November 11, 1975
Page Two
Bicentennial and proof that our nation will not let
past injustices be ignored and uncorrected.
I therefore strongly urge your serious consi-
deration to rescind Executive Order 9066 on
February 19, 1976.
Aloha and best wishes.
Sincerely,
Member of Congress
FORD LIGHTS
2.
07/830
NORMAN Y. MINETA
WASHINGTON OFFICE:
MEMBER OF CONGRESS
510 CANNON HOUSE OFFICE BUILDING
13TH DISTRICT, CALIFORNIA
WASHINGTON, D.C. 20515
TELEPHONE: (202) 225-2631
COMMITTEES:
PUBLIC WORKS AND
Congress of the United States
DISTRICT OFFICES:
TRANSPORTATION
GOLDEN PACIFIC CENTER
POST OFFICE AND CIVIL SERVICE
house of Representatives
1245 S. WINCHESTER BLVD.
SUITE 310
SAN JOSE, CALIFORNIA 95128
Washington, D.C. 20515
TELEPHONE: (408) 984-6045
7951 WREN AVENUE
SUITE D
GILROY, CALIFORNIA 95020
November 6, 1975
TELEPHONE: (408) 847-2664
The President
The White House
Washington, D.C.
Dear Mr. President:
On February 19, 1942, President Franklin Delano Roosevelt
signed Executive Order 9066, thus authorizing the U.S. military
to evacuate and intern 112,000 American citizens of Japanese
ancestry to "relocation camps."
As a result of this action, loyal Japanese-American citizens
were subjected to a tragic injustice never before and never since
incurred by a minority segment of the American people. In addition
to bearing the moral injustice of this Order, many families suf-
fered the mental anguish and economic consequences of leaving their
homes and businesses behind.
As one who personally experienced this internment during
World War II, I respectfully urge you to rescind E.O. 9066, thus
removing this ignominious mark on American History and restoring
honor and justice to the Japanese-American people.
Sincerely
NORMAN MINETA
Member of Congress
NYM/aw
FORD
LIBRARY
07/838
THIS STATIONERY PRINTED ON PAPER MADE WITH RECYCLED FIBERS
PATSY T. MINK
NOV 10 REC'D
OFFICES:
SECOND DISTRICT
WASHINGTON, D.C.
HAWAII
2338 RAYBURN BUILDING
PHONE: 225-4906
COMMITTEE ON EDUCATION
AND LABOR (ON LEAVE)
Congress of the United States
HONOLULU, HAWAII
SELECT SUBCOMMITTEE ON EDUCATION
346-348 FEDERAL BUILDING
GENERAL SUBCOMMITTEE ON EDUCATION
SUBCOMMITTEE ON EQUAL OPPORTUNITIES
house of Representatives
PHONE: 531-4602
COMMITTEE ON INTERIOR AND
WAIPAHU, HAWAII
INSULAR AFFAIRS
Washington, D.C. 20515
94-801 FARRINGTON HIGHWAY
SUBCOMMITTEE ON TERRITORIAL AND
PHONE: 671-0170
INSULAR AFFAIRS
SUBCOMMITTEE ON NATIONAL PARKS
AND RECREATION
SUBCOMMITTEE ON MINES AND MINING,
CHAIRMAN
November 6, 1975
COMMITTEE ON THE BUDGET
Mr. Wayne Horiuchi
Washington Representative
Japanese American Citizens League
1730 Rhode Island Avenue, N.W.
Washington, D. C. 20036
Dear Mr. Horiuchi:
I write to strongly support the JACL request to the President
encouraging rescission of Executive Order 9066 which ordered
the evacuation of 112, 000 American citizens of Japanese
ancestry to concentration camps.
This Order, used to enforce the evacuation, represents the
last legal vestige of an unlawful Act by the Government
against its citizens of Japanese ancestry, solely on the
basis of race and national origin.
It is therefore incumbent upon the Federal Government to
exemplify its determination to rid itself and its people
of the temptations of all forms of racism by renouncing
Executive Order 9066 forever from the journals of this land.
I join the JACL in calling upon the President to rescind
this infamous law.
Very truly yours,
PATSY T. MINK
Member of Congress
THE DENVER POST
BILL HOSOKAWA
November 11,
ASSOCIATE EDITOR
1975
Dear Wayne,
I am amazed that Executive Order 9066, the basis for
the outrageous legalized discrimination against an
American racial minority in World War II, still remains
on the statute books.
Today, nearly 35 years after Executive Order 9066 be-
came law, in a time when encouraging progress is
being made in the field of civil rights, this infamous
measure must be repudiated.
I am happy to learn the Japanese American Citizens
League is taking the lead in a drive to have Executive
Order 9066 consigned to the scrap heap of historical
mistakes where it belongs.
I would like to join other fair-minded citizens,
interested in the creation of a better America for
all Americans, in urging President Ford to take the
necessary steps to rescind Executive Order 9066.
Please let me know how I can help.
Sincerely,
Bil Hosokawa
Mr. Wayne Horiuchi
Washington Representative
Japanese American Citizens League
1730 Rhode Island Ave., N.W.
Washington, D.C. 20036
The Sumitomo Bank of California
SAN FRANCISCO, CALIFORNIA 94119
JACK S. KUSABA
SENIOR VICE PRESIDENT
AND SECRETARY
November 11, 1975
Mr. Gerald R. Ford
President of the United States
The White House
Washington, D.C.
Dear President Ford:
As a Japanese American who was evacuated to-
gether with my family and some 112,000 American
Citizens of Japanese Ancestry from the Pacific
Coast in 1942, I respectfully urge that you rescind
and publicly repudiate President Franklin D. Roosevelt's
Executive Order 9066.
Johnson Yours very truly,
FORD LIBRARY
of
1025 Connecticut Ave. N.W., Suite 907
Washington. D.C. 20036
Telephone (202) 785-3030
William H. (Mo) Marumoto
President
TheinterfaceGrapltd.
November 21, 1975
The Honorable Gerald R. Ford
President
The White House
Washington, D.C. 20500
Dear Mr. President:
I write in support of the Japanese American Citizens League who is
formally requesting your favorable action to rescind Executive Order
9066; the order which was responsible for the evacuation and intern-
ment of 110, 000 persons of Japanese ancestry.
This tragic and disgraceful act still stands as a symbol which is anti-
thetical to the American belief in civil and human rights. In this
bicentennial year, it would only be appropriate that you favorably
consider the rescission of Executive Order 9066.
As a member of the White House Staff under former President Nixon,
I am particularly aware of the importance of this act to persons of
Japanese American descent.
Sincerely,
Will Mathood
FORD
LAW OFFICES
RAUH, SILARD AND LICHTMAN
1001 CONNECTICUT AVENUE. N. W.
WASHINGTON. D. C. 20036
JOSEPH L. RAUH. JR.
202-331-1795
JOHN SILARD
ELLIOTT c. LICHTMAN
October 31, 1975
HARRIETT R. TAYLOR
The Honorable Gerald R. Ford
The White House
Washington, D. C.
Dear Mr. President:
This letter is written in support of the Japanese
American Citizens League's request that you rescind Executive
Order 9066 signed by President Roosevelt on February 19, 1942
under which more than a hundred thousand American citizens of
Japanese ancestry were interned in World War II.
Executive Order 9066 resulted in a great American
tragedy. The tragedy lay in our nation turning its back on
the high principles and purposes on which it had been founded.
We forgot that a policy of harsh severity toward any
group of immigrants and their dependants should be impossible
for a country whose lifeblood comes from our immigrant founders
and builders.
We forgot that distinctions between citizens because
of their ancestry are odious to a free people whose institutions
are founded upon the principle of equality.
We forgot that loyalty is a matter of mind and of
heart, and not of race.
We forgot that distinctions based on color or ancestry
are utterly inconsistent with our institutions, our ideals
and our Constitution.
We forgot that under our system of justice, guilt is
personal and not inheritable.
We forgot all these things and denied over one hundred
thousand persons of Japanese ancestry their constitutional
- 2 -
rights solely because they belonged to a particular race into
which they had been born.
Few today would doubt the error President Roosevelt
made in promulgating Executive Order 9066. Your rescision
of that Order with a ringing "Never Again" declaration will
strengthen civil freedom in our country and help bind up
long-standing wounds.
Jasi Joseph L. Rauh, Jr.
Sincerely
JLRJr./1j
GERALD R. LIBRERY FORD
HARVARD UNIVERSITY
ROOM 503
EDWIN O. REISCHAUER
1737 CAMBRIDGE STREET
CAMBRIDGE,
MASSACHUSETTS 02138
PHONE (617) 495-3220
November 12, 1975
President Gerald R. Ford
The White House
Dear Mr. President:
I understand that the Japanese American Citizens League is
formally requesting you to rescind Executive Order 9066, under
which the Americans of Japanese descent were rounded up and put
into concentration camps in 1942.
As you know, the people of America have long since realized
that this act was not only unnecessary but was also grossly unfair
and basically un-American, and they have long since attempted to
make amends for it, though of course much of the damage can never
be undone. To rescind the Executive Order at this late date na-
turally will not bring substantive changes of any sort, but the
mere fact that the Japanese American Citizens League is asking
that this should be done shows that psychologically it would be
important. I have known and been close to the League for a long time,
and, as I am sure you know, it is a fine organization of loyal
American citizens doing a responsible and worthwhile job on behalf
of a minority that has been unjustly treated in the past. At this
time when your most successful visit to Japan a year ago and the
equally successful visit here of the Japanese Emperor and Empress
last month have come to symbolize a new stage of warmth and a sense
of mutual equality in our important relations with Japan, it would
be particularly fitting if you were to rescind this Order. It would
be the just thing to do, even though it is only symbolic, and it
would please our citizens of Japanese ancestry, the many millions
of other Americans, like myself, who believe in justice and who
value Japanese-American relations, and, I believe, the Japanese
government and public as well.
Respectfully yours,
Edward Dinder
GERALDA FORD
Edwin O. Reischauer
EOR:nkh
Japanese american
CITIZENS LeaGUE
1765 Sutter St
921-5225
NATIONAL HEADQUARTERS Suite 203 San Francisco, California 94115 (415) 568-3202
REGIONAL OFFICES: Washington, D.C./Chicago/San Francisco/Los Angeles/Portland/Fresno
David E. Ushio, National Executive Director
November 19, 1975
Mr. Gerald R. Ford
The White House
Washington, D.C. 20500
Dear Mr. President:
It has come to our attention that Executive Order 9066, which
led to the mass incarceration of 112,000 persons of Japanese
ancestry in American concentration camps during World War II, and
was promulagated on February 19, 1942 by President Franklin D.
Roosevelt, has never been rescinded. We respectfully request that
that Order be revoked.
The language of the Executive Order makes no direct reference
to persons of Japanese ancestry. Nevertheless, the broad powers
which that order conferred upon the military were applied selectively
against citizens and residents of the United States solely on the
basis of their race. Thus E.O. 9066 remains symbolic of a time in
our history when the awesome powers of the Chief Executive in time
of war were directed against a particular racial group in America
without regard for the human and civil rights of the citizens
affected. It remains as a painful reminder to us Americans of
Japanese ancestry that we were once, as a matter of public policy
initiated by the Executive and confirmed by the Congress and the
Supreme Court, most callously deprived of our constitutional rights
and treated as non-Americans unworthy of the rights of citizenship
until we proved our loyalty and worthiness with our blood, sweat,
and tears.
Equally and perhaps more importantly for all Americans,
Executive Order 9066 remains uncancelled even today, available
for us against particular groups of Americans. Although we
trust that neither you, Mr. President, nor any future President of
the United States would even consider reinvoking the provisions
of Executive Order 9066, as long as the Order remains "on the
books", the people of these United States remain unwittingly and
unnecessarily under a threat to their civil liberties.
We note that the Congress of the United States has initiated
action under the National Emergencies Bill (H.R. 3884) to repeal
section 1383 of Title 18 of the United States Code, which in
effect provided Congressional sanction and force to the implementa-
tion of Executive Order 9066 in 1942 (by providing criminal penal-
GERALD
BRARY
Better Americans in a Greater America
ties for disobediance of orders of the military issued pursuant
to the Executive Order). Thus Presidential action to rescind
Executive Order 9066 would be not only appropriate, but also
timely, particularly as we approach the commemoration of the
200th anniversary of the founding of our great nation and a time
to reaffirm our commitment to the ideals of freedom and liberty
for all upon which our nation was founded.
On behalf of the 30,000 members and 98 chapters of the
Japanese American Citizens League, an organization committed to
the concept and to the furtherance of freedom and equality for all,
may I request your most serious and favorable consideration of
our request for the rescission of Executive Order 9066.
Respectfully yours,
Shighs Jhoniyan
Shigeki J. Suglyama
National President
GERALD
48989
II.INFORMATIONAL ATTACHMENTS
CREATO FORD LISHER
THE
STATE
OF
1889 THE SEAL OF
STATE OF WASHINGTON
OFFICE OF THE GOVERNOR
OLYMPIA
DANIEL J. EVANS
GOVERNOR
October 3, 1975
Mrs. Gwen Anderson
Deputy Assistant to
Counselor Hartmann
West Wing - Basement
GERALD R. FORD LIBRARY
The White House
Washington, D. C. 20500
Dear Gwen:
I have been on the road much of the time since our meeting last month. However,
I want to first of all thank you for your many courtesies, particularly the White
House tour. For a boy from the provinces--and perhaps for any American--it is
a real thrill to see and be in the offices and room in the presidential suite.
Secondly, I want to let you know that I had an excellent reception from Dick Allison
in the Vice President's office and Dudley Chapman, Associate Counsel to the Presi-
dent. Dick indicated that he would get the matter of Executive Order 9066 on the
agenda of the Domestic Council and Mr. Chapman expressed the belief (admittedly
tentative) that there would be no legal bar to the recission by the President of E.O.
9066. As I indicated to you, this action would have great meaning to all persons of
Japanese descent, as well as to the rest of us who feel that the E.O. was and remains
a terrible blot in our history.
It is also important that the matter of the E.O. be kept separate from the issue of
"reparations". The two are not connected and in my judgment to tie them together
would be completely unnecessary and divert us from the main effort of the recission
of the E.O.
Finally, I believe it is important that the Japanese-American Citizens League, which
has been the moving force behind the recission of the order, deal directly with those
of you in the White House who are working on the issue. Mich Matsudaira, Executive
Director of our Asian-American Affairs Commission, has been in touch with the
Washington, D. C. representative of the JACL, Wayne Horiuchi, and I understand
he either has or will be in touch with your office. The Governor and this office will,
Mrs. Gwen Anderson
Page Two
October 3, 1975
of course, lend any assistance possible in this effort, but I believe the citizens
of Japanese heritage rather than this office should be the moving force.
Best regards,
Sincerely,
James M. Dolliver
Administrative Assistant
JMD: ks
cc:
Dick Allison
Dudley Chapman
Martin M. Matsudaira
PALD
FORD
CHRONOLOGY OF EXECUTIVE ORDER 9066
December 7, 1941 Pearl Harbor is attacked and war is declared
February 19, 1942 Executive Order 9066, 7 Federal Regulation 1407
is signed by President Franklin Delano Roosevelt which gave the
Secretary of War the authority to designate "military areas" and
to exclude "any or all" persons from those areas. Executive Order
9066 began United States military action to evacuate and intern
112,000 American citizens of Japanese ancestry to "relocationscamps." "
March 21, 1942 Congress passes Public Law 503 codified as Section
1383 of Title 18 United States Code which provides criminal penal-
ties for "Whoever, contrary to the restrictions applicable thereto,
enters, remains in, leaves, or commits any act in any military areas
or military zone prescribed under the authority of an Executive
Order of the President, by the Secretary of the Army..." when it
R.
appears that the individual knew of the restrictions or order and
076830
0801
that his act was in violation thereof. This legislation legally
buttressed Executive Order 9066.
March 2 - March 27, 1942 General John L. De Witt issues four public
proclamations which initiate the following:
Public Proclamation No. 1: Divides Washington, Oregon,
California, and Arizona into two military areas and designates
other military areas as "restricted zones.' "
Public Proclamation No. 2: Sets up four additional military
areas in the states of Idaho, Montana, Nevada and Utah.
Public Proclamation No. 3: Instituted throughout the first
military area an 8 P.M. to 6 A.M. curfew for all enemy aliens
and "persons of Japanese ancestry" and provided that "at all
other times all such persons shall only be at their place of
residence or employment or travelling between those places or
within a distance of not more than five miles from their place
of residence."
Public Proclamation No. 4: Forbade all Japanese, alien and
citizens, to leave Military Area No. 1.
March 24, 1943 General De Witt issues first "Civilian Exclusion
Order" and the evacuation begins.
June 21, 1943 The Supreme Court of the United States adjudicates
Hirabayashi V. United States, 320 U.S. 81, 92 which held that Public
Law 503 ratified and confirmed Executive Order 9066.
September 25, 1971 Congress passes Public Law 92-128 repealing
Title II of the Internal Security Act of 1950 which eliminated a law
which could have provided for concentration camps similar to the
evacuation experience. The legislative fight was led by the Japanese
American Citizens League.
September 4, 1975 The House of Representatives passes HR 3884 by
a vote of 388 to 4 which repeals section 1383 of Title 18 (Public
Law 503). The bill now awaits Senate action.
February 19, 1976 This date will be the 34th anniversary of the
signing of Executive Order 9066.
GERAL
FORD
LICERRY
I. Dupar
Dupar
NATIONAL
THE
LITTERA
SCRIPTA
ARCHIVES
MANET
FEDERAL
REGISTER
OF
VOLUME 7
THE
1934
STATES
NUMBER 38
UNITED
Washington, Wednesday, February 25, 1942
The President
steps as he or the appropriate Military
CONTENTS
Commander may deem advisable to en-
THE PRESIDENT
force compliance with the restrictions
EXECUTIVE ORDER
applicable to each Military area herein-
Executive Orders:
Page
AUTHORIZING THE SECRETARY OF WAR TO
bove authorized to be designated, in-
Agriculture Department, consol-
PRESCRIBE MILITARY AREAS
cluding the use of Federal troops and
idating certain agencies
other Federal Agencies, with authority
within
1409
WHEREAS the successful prosecution
to accept assistance of state and local
Military areas; Secretary of War
of the war requires every possible pro-
agencies.
to prescribe
1407
tection against espionage and against
I hereby further authorize and direct
Transfer of personnel to war
sabotage to national-defense material,
all Executive Departments, independent
agencies
1407
national-defense premises, and national-
defense utilities as defined in Section 4,
establishments and other Federal Agen-
Wyoming, partial revocation of
cies, to assist the Secretary of War or
land withdrawal
1409
Act of April 20, 1918, 40 Stat. 533, as
amended by the Act of November 30, 1940,
the said Military Commanders in carry-
Trading with the enemy Act, power
ing out this Executive Order, including
and authority delegated to
54 Stat. 1220, and the Act of August 21,
the furnishing of medical aid, hospital-
Secretary of the Treasury
1409
1941, 55 Stat. 655 (U.S.C., Title 50, Sec.
104)
ization, food, clothing, transportation,
RULES, REGULATIONS,
NOW, THEREFORE, by virtue of the
use of land, shelter, and other supplies,
ORDERS
authority vested in me as President of
equipment, utilities, facilities, and serv-
ices.
the United States, and Commander in
TITLE 7-AGRICULTURE:
Chief of the Army and Navy, I hereby
This order shall not be construed as
Agricultural Adjustment Ad-
authorize and direct the Secretary of
modifying or limiting in any way the
ministration:
War, and the Military Commanders
authority heretofore granted under Ex-
Conservation program, 1942,
whom he may from time to time desig-
ecutive Order No. 8972,1 dated December
amendment
1410
nate, whenever he cr any designated
12, 1941, nor shall it be construed as lim-
TITLE 10-ARMY: WAR DEPARTMENT:
Commander deems such action necessary
iting or modifying the duty and respon-
Personnel:
or desirable, to prescribe military areas
sibility of the Federal Bureau of Investi-
American Defense Service
in such places and of such extent as he
gation, with respect to the investigation
Medal, issuance of
1413
or the appropriate Military Commander
of alleged acts of sabotage or the duty
Medical and dental attend-
may determine, from which any or all
and responsibility of the Attorney Gen-
ance
1410
persons may be excluded, and with re-
eral and the Department of Justice un-
TITLE 12-BANKS AND BANKING:
spect to which, the right of any person
der the Proclamations of December 7 and
Board of Governors, Federal
to enter, remain in, or leave shall be
8, 1941, prescribing regulations for the
Reserve System:
subject to whatever restrictions the Sec-
conduct and control of alien enemies,
Reserves of member banks,
retary of War or the appropriate Mili-
except as such duty and responsibility is
amendments
1413
tary Commander may impose in his dis-
superseded by the designation of military
TITLE 14-Civil AVIATION:
cretion. The Secretary of War is hereby
areas hereunder.
Administrator of Civil Aero-
authorized to provide for residents of any
FRANKLIN D ROOSEVELT
nautics:
such area who are excluded therefrom,
THE WHITE HOUSE,
Civil airways, designation of
1417
such transportation, food, shelter, and
February 19, 1942.
Traffic control areas redesig-
other accommodations as may be neces-
nated, etc
1424
sary. in the judgment of the Secretary
INo. 9066]
Civil Aeronautics Board:
of War or the said Military Commander,
Air carrier operating certifi-
and until other arrangements are made,
[F. R. Doc. 42-1563; Filed, February 21, 1942;
12:51 p. m.]
cates (2 documents)
1414
to accomplish the purpose of this order.
Domestic air carriers, uniform
The designation of military areas in any
system of accounts
1415
region or locality shall supersede desig-
Interlocking relationships, ap-
nations of prohibited and restricted areas
EXECUTIVE ORDER
provals of
1415
by the Attorney General under the Proc-
lamations of December 7 and 8, 1941,1 and
PROVIDING FOR THE TRANSFER OF
TITLE 16-COMMERCIAL PRACTICES:
Federal Trade Commission:
shall supersede the responsibility and au-
PERSONNEL TO WAR AGENCIES
Cease and desist orders:
thority of the Attorney General under
By virtue of the authority vested in me
Battle Creek Drugs, Inc.,
the said Proclamations in respect of such
by the Civil Service Act (22 Stat. 403),
et al
1425
prchibited and restricted areas.
and by Section 1753 of the Revised Stat-
Consumers Mercantile Serv-
I hereby further authorize and direct
utes of the United States (U.S.C., title 5,
ice
1424
the Secretary of War and the said Mili-
Harwood Institute, et al
1425
tary Commanders to take such other
6 FR. 6420.
2 6 FR. 6321, 6323, 6324.
DEPARTMENT
(Continued on next page)
1407
E.L. Dupar
WESTERN DEFENSE COMMAND AND FOURTH ARMY
WARTIME CIVIL CONTROL ADMINISTRATION
Presidio of San Francisco, California
May 3, 1942
INSTRUCTIONS
TO ALL PERSONS OF
JAPANESE
ANCESTRY
Living in the Following Area:
All of that portion of the City of Les Angeles, State of California, within that boundary beginning 'at
the point at which North Figueroa Street meets a line following the middle of the Los Angeles River;
thence southerly and following the said line to East First Street; thence westerly on East First Street
to Alameda Street; thence southerly on Alameda Street to East Third Street; thence northwesterly on
East Third Street to Main Street; thence northerly on Main Street to First Street; thence north-
westerly on First Street to Figueros Street; thence northeasterly on Figueroa Street to the point of
beginning.
Pursuant to the provisions of Civilian Exclusion Order No. 33, this Headquarters, dated May 3, 1942, all per-
sons of Japanese ancestry, both alien and non-alien, will be evacuated from the above area by 12 o'clock noon,
P. W. T., Saturday, May 9, 1942
No Japanese person living in the above area will be permitted to change residence after 12 o'clock noon, P. W.T.,
Sunday, May 3, 1942, without obtaining special permission from the representative of the Commanding Gen-
eral, Southern California Sector, at the Civil Control Station located at:
Japanese Union Church,
120 North San Pedro Street,
Los Angeles, California.
Such permits will only be granted for the purpose of uniting members of a family, or in cases of grave emergency.
The Civil Control Station is equipped to assist the Japanese population affected by this evacuation in the fol-
lowing ways:
1. Give advice and instructions on the evacuation.
2 Provide services with respect to the management, leasing, sale, storage or other disposition of most kinds
of property, such as real estate, business and professional equipment, household goods, boats, automobiles and
livestock.
3. Provide temporary residence elsewhere for all Japanese in family groups.
4. Transport persons and a limited amount of clothing and equipment to their new residence.
The Following Instructions Must Be Observed:
1. A responsible member of each family, preferably the head of the family, or the person in whose name most of
the property is held, and each individual living alone, will report to the Civil Control Station to receive further
instructions. This must be done between 8:00 A. M. and 5:00 P. M. on Monday, May 4, 1942, or between
8:00 A. M. and 5:00 P. M. on Tuesday, May 5, 1942.
2 Evacuees must carry with them on departure for the Assembly Center, the following property:
(a) Bedding and linens (no mattress) for each member of the family;
(b) Toilet articles for each member of the family;
(c) Extra clothing for each member of the family;
(d) Sufficient knives, forks, spoons, plates, bowls and cups for each member of the family;
(e) Essential personal effects for each member of the family.
All items carried will be securely packaged, tied and plainly marked with the name of the owner and numbered
in accordance with instructions obtained at the Civil Control Station. The size and number of packages is lim-
ited to that which can be carried by the individual or family group.
3. No pets of any kind will be permitted.
4. No personal items and no household goods will be shipped to the Assembly Center.
5. The United States Government through its agencies will provide for the storage, at the sole risk of the owner,
of the more substantial household items, such as iceboxes, washing machines, pianoe and other heavy furniture.
Cooking utensils and other small items will be accepted for storage if crated, packed and plainly marked with the
name and address of the owner. Only one name and address will be used by a given family.
6. Each family, and individual living alone, will be furnished transportation to the Assembly Center or will be
authorised to travel by private automobile in a supervised group. All instructions pertaining to the movement will
be obtained at the Civil Control Station.
Go to the Civil Control Station between the hours of 8:00 A. M. and 5:00 P. M.,
Monday, May 4, 1942, or between the hours of 8:00 A. M. and 5:00 P. M.,
Tuesday, May 5, 1942, to receive further instructions.
J.L. DeWITT
Lieutenant General, U.S. Army
⑉ CIVILIAN EXCLUSION ORDER NO. 33.
Commanding
129
Headquarters
Western Defense Command
and Fourth Army
Presidio of San Francisco, California
April 1, 1942
Civilian Exclusion Order No. 4
1. Pursuant to the provisions of Public Proclamations Nos. 1 and 2, this headquarters,
dated March 2, 1942, and March 16, 1942, respectively, it is hereby ordered that all
persons of Japanese ancestry, including aliens and non-aliens, be excluded on or before
12 o'clock noon, P.W.T., of Wednesday, April 8, 1942, from that portion of Military
Area No. 1 in the State of California described as follows:
All of San Diego County, California, south of a line extending in an easterly direction
from the mouth of the San Dieguito River (northwest of Del Mar), along the north side
of the San Dieguito River, Lake Hodges, and the San Pasqual River to the bridge over
the San Pasqual River at or near San Pasqual; thence easterly along the southerly line
of California State Highway No. 78 through Ramona and Julian to the eastern boundary
line of San Diego County.
2. A responsible member of each family, and each individual living alone, in the above
described affected area will report between the hours of 8:00 a.m. and 5:00 p.m.,
Thursday, April 2, 1942, or during the same hours on Friday, April 3, 1942, to the
Civil Control Station located at:
1919 India Street
San Diego, California
3. Any person affected by this order who fails to comply with any of its provisions or
the provisions of published instructions pertaining hereto, or who is found in the above
restricted area after 12 o'clock noon, P.W.T., of Wednesday, April 8, 1942, will be subject
to the criminal penalties provided by Public Law No. 503, 77th Congress, approved
March 21, 1942, entitled "An Act to Provide a Penalty for Violation of Restrictions or
Orders with Respect to Persons Entering, Remaining in, Leaving, or Committing Any Act
in Military Areas or Zones," and alien Japanese will be subject to immediate apprehension
and internment.
J.L. DeWITT
Lieutenant General, U.S. Army
Commanding
130
RS.#1121
Recorder 6/27/38 in
Bk. 788, Pg. 353 of OR.
I, We, and each of us, the undersigned owners of the real property hereinafter set
out opposite our names, and being situate in the County of San Diego, State of California,
and being in Block 47 Shermans Addition, according to the map therof NO. 478, filed
in the office of the Recorder of the County of San Diego, State of California, on Janauary
4, 1888, do hereby agree to, and do bind ourselves and each and all of our heirs,
executors, administrators, succssors in interest and assigns, to the following restrictions
and/or conditions and/or covenants, to wit:
1. That we will not, nor will any of us, our heirs, executors, administrators, successors
in interest, and assigns, permit the said real property, or any part thereof, owned by us
or any of us, our heirs, executors, administrators, successors in interest and assigns to
be used and/or occupied by any person, or persons, not of the white or Caucasian race,
whether as owner, tenant, or otherwise.
2. That said restrictions and/or conditions and/or covenants shall run with the land
for the benefit of all the undersigned owners thereof, their heirs, executors, administrators,
successors in interest and assigns, and for the benefit of the real property owned by us,
or any of us, in said Sherman's Addition.
3. That the breach of any of the said restrictions and/or conditions and/or covenants
of this agreement, or the continuance of any such breach may be enjoined, abated or
otherwise remedied by any appropriate legal proceeding by all of us or any of us, our
or either of our, or any of our heirs, executors, administrators, successors in interest and
assigns.
4. That in all conveyance of any of said real property situate in Block 47, Sherman's
Add., I, we and each of us, our heirs, executors, administrators, successors in interest
and assigns, will incorporate in such conveyance of said real property the express
covenant and/or restrictions and/or conditions that the grantee or second party to any
such conveyance of said real-property, will not permit said real property so conveyed,
or any part thereof, to be used and/or occupied by any person, or persons not of the
white or Caucasian race.
IN WITNESS WHEREOF, we have hereunto set our hands this
day of January,
1937.
NAME OF PROPERTY OWNER
REAL PROPERTY OWNED BY US IN
BLOCK 47 SHERMAN'S ADDITION.
CORAE. BLACK
(Lot2)
GROVER CLEVELAND BLACK
GUY F. AUSTIN
(Lot 1)
MRS. EMMA L. HOEGE
ABBIE S. HOLLINGTON
(Lots 4, 5, and 6)
CHAS. R. SELLORS
(Lot7)
IRMA E. MYERS
131
Kivoshi Hirabayashi v. United States (Decided - June 21, 1943, 320 U.S. 81; 63 Supreme
Court)
An Executive Order has given a military commander the right to designate a military
area and make restrictions to govern this area. The Act of Congress of March 21,
1942 makes it a misdemeanor to knowingly disregard these restrictions. Gordon
Kiyoshi Hirabayashi was convicted in the Distrisct Court (California) of violating the Act
of Congress. The decision was appealed and the judgment of conviction affirmed,
The particular restriction presently being discussed states that all persons of Japanese
ancestry residing in the military area must be within their place of residence daily
between the hours of 8:00 p.m. and 6:00 a.m. It has been contended that the curfew
order and other orders on which it rested were beyond the war powers of the Congress,
the military authorities and of the President (as Commander in Chief of the Army).
It is also being questioned whether the restriction violated the Fifth Amendment by
unconstitutionally discriminating between citizens of Japanese ancestry and those
of other ancestries.
Gordon Kiyoshi Hirabayashi (appellant) asserted that the indictment should be dismissed
because he was an American citizen who had never been a subject of and had never
pledged allegiance to the Empire of Japan. In addition, the Act of March 21, 1942 was
thought to be an unconstitutional delegation of Congressional power.
The appellant was born in Seattle in 1918 of Japanese parents who had come from
Japan to the United States, and who had never afterward returned to Japan. He was
educated in the Washington public schools and at the time of his arrest was a senior
in the University of Washington. It was also maintained that Mr. Hirabayashi had
never been in Japan or had any association with Japanese residing there.
Gordon Kiyoshi Hirabayashi felt that he would be giving up his rights as an American
citizen in obeying the curfew imposed by the military commander. For this reason
he was away from his place of residence after 8:00 p.m. on May 9, 1942. The jury
returned a verdict of guilty on both counts: 1) failure to report to the Civil Control
Station on May 11 or May 12, 1942 to register for evacuation from the military area,
and 2) failure to remain in his place of residence from 8:00 p.m. to 6:00 a.m. Hirabayashi
was sentenced to imprisonment for a term of three months on each, the sentences to
run at the same time.
Certain social, economic and political conditions existed when the Japanese came
to the United States. These conditions are believed to have caused the Japanese
to stick together and prevented their assimilation as a part of the white population.
In addition, large numbers of children of Japanese parentage are sent to Japanese
language schools after public school is over. Some of these schools are thought to be
sources of Japanese nationalistic propaganda, encouraging the children to pledge
allegiance to Japan. Considerable numbers, estimated to be approximately 10,000
of American-born children of Japanese parentage have been sent to Japan for all or
part of their education.
As a result of all these conditions affecting the life of the Japanese in the Pacific Coast
Area, there has been little social intercourse between them and the white population.
Because persons of Japanese ancestry have been faced with many restrictions while
residing in the United States, they may have become more isolated from the rest
of the population and more attached to Japan and Japanese institutions.
The Executive Order permitted establishment of military areas for the purpose of
protecting national defense resources from sabotage and espionage. The Act of
Congress ratified this Executive Order. Both were an exercise of constitutional power
132
to wage war. Once the Executive and Congress have this power, they also have the
freedom to use their own judgment in determining what the threat is and how it can
be resisted. A court should not decide whether the Executive and/or Congress did the
right thing nor should a court substitute its own judgment for that of the Executive
or Congress.
Measures adopted by the Government may point out that a group of one nationality
is more dangerous to the country's safety than any other group. This is not entirely
beyond the limits of the Consititution and should not be condemned just because
racial differences are usually irrelevant.
Appellant, however, insists that the exercise of the power is inappropriate and
unconstitutional because it discriminates against citizens of Japanese ancestry, in
violation of the Fifth Amendment.
Distinctions between citizens solely because of their ancestry are hateful to a free
people whose institution are founded upon equality. For that reason, discrimination
based on race alone has often been considered a denial of equal protection. These
considerations would be in effect here were it not for the fact that the danger of
espionage and sabotage makes it necessary for te military authorities to look into every
fact having to do with the loyalty of populations in the danger areas.
Mr. Justice Frank Murphy concurring statement
Distinctions based on color and ancestry are utterly inconsistent with our traditions and
ideals. They are at variance with the principles for which we are now waging war.
We cannot close our eyes to the fact that for centuries the Old World has been torn
by racial and religious conflicts and has suffered the worst kind of anguish because
of inequality of treatment for different groups. There was one law for one and a
different law for another. Nothing is written more firmly into our law than the
compact of the Plymouth voyagers to have just and equal laws. To say that any group
cannot be assimilated is to admit that the great American experience has failed, that
our way of life has failed when confronted with the normal attachment of certain groups
to the lands of their forefathers. As a nation we embrace many groups, some of them
among the oldest settlements in our midst, which have isolated themselves for religious
and cultural reasons.
Today is the first time, so far as I am aware, that we have sustained a substantial restriction
of the personal liberty of citizens of the United States based upon the accident of race
or ancestry. Under the curfew order here challenged no less than 70,000 American
citizens have been placed under a special ban and deprived of their liberty because
of their particular racial inheritance. In this sense it bears a melancholy resemblance
to the treatment accorded to members of the Jewish race in Germany and in other
parts of Europe. The result is the creation in this country of two classes of citizens
for purposes of a critical and perilous hour - to sanction discrimination between
groups of United States citizens on the basis of ancestry. In my opinion this goes to
the very brink of constittional power.
Except under condition of great emergency a regulation of this kind applicable solely
to citizens of a particular racial extraction would not be regarded as in accord with
the requirement of due process of law contained in the Fifth Amendment.
a denial of due process of law as that term is used in the Fifth Amendment. I think
that point is dangerously approached when we have one law for the majority of our
citizens and another for those of a particular racial heritage.
133
GENETO
FORD
Nor do I mean to intimate that citizens of a particular racial group whose freedom may
be curtailed within an area threatened with attack should be generally prevented
from leaving the area and going at large in other areas that are not in danger of attack
and where special precautions are not needed. Their status as citizens, though subject
to requirements of national security and military necessity, should at all times be
accorded the fullest consideration and respect. When the danger is past, the restrictions
imposed on them should be promptly removed and their freedom of action fully restored.
Toyosaburo Korematsu v. United States (Decided December 18, 1944, 323 U.S. 214;
65 Supreme Court 193; 89 L. Ed. 194)
Hardships are part of war and war is a collection of hardships. All citizens, whether they
be in or out of uniform, feel the impact of war. Citizenship has its responsibilities as
well as its privileges, and in time of war, the burden is always heavier.
It is said that Korematsu has been imprisoned in a concentration camp solely because
of his ancestry, without any evidence to show his loyalty or disloyalty towards the
United States. Our task would be simple, our duty clear, were this a case involving
the imprisonment of a loyal citizen in a concentration camp because of racial prejudice.
First of all, we do not think it justifiable to call them concentration camps, with all
the ugly pictures that term brings to mind. Secondly, regardless of the true nature of
the assembly and relocation centers, we are dealing specifically with nothing but an
exclusion order. To bring in the issue of racial prejudice, without reference to the
real mitlitary dangers which existed, merely confuses the issue.
Korematsu was not excluded from the Military Area because of hostility to him or
his race. He was excluded because we are at war with the Japanese Empire. Military
authorities feared an invasion of our West Coast and felt it necessary to take proper
security measures. The military urgency of the situation required that all citizens of
Japanese ancestry be segregated from the West Coast temporarily. Congress put
their confidence in our military leaders and decided that they should have the power
to carry out the necessary measures. There was evidence of disloyalty on the part of
some so the military authorities felt that the need for action was great. The fact that we
can look back and see things more calmly does not allow us to say that at that time
these actions were unjustified.
Mr. Justice Owens Robert:
"I dissent, because I think the facts exhibit a clear violation of Constitutional rights.
This is not a case of keeping people off the street at night as was Kiyoshi Hirabayashi
V. United States, nor a case of temporary exclusion of a citizen from an area for safety
reasons. Korematsu was not offered an opportunity to go temporarily out of an area
in which his presence might cause danger to himself or to his fellows. On the contrary,
it is the case of convicting a citizen as a punishment to not giving in to imprisonment in a
concentration camp.
In addition, if a citizen were forced to obey two laws and obedience to one of them
would violate the other, to punish him for violation of either law would be unfair. It
would be to deny him due process of law."
The Court also dealt with a technical complication which arose. On May 30, the date
on which Korematsu was charged with remaining unlawfully in the prohibited area,
there were two conflicting military orders, one forbidding him to remain in the area,
the other forbidding him to leave but ordering him to report to an assembly center.
The Court held the orders not to be contradictory, since the requirement to report to the
assembly center was merely a step in a program of compulsory evacuation from the area.
134
Mr. Justice Frank Murphy, dissenting:
"This exclusion of all persons of Japanese ancestry, both alien and non-alien,' from the
Pacific Coast area because of military necessity ought not to be approved. Such exclusion
goes over 'the very brink of constitutional power' and falls into the ugly abyss of racism.
At the same time, it is essential that there be definite limits to military discretion.
Individuals should not be denied their constitutional rights because of a 'military
necessity that has neither substance nor suppport.
The exclusion order is reasonable only if one assumes that all persons of Japanese
ancestry may have a dangerous tendency to commit sabotage and espionage and to
aid our Japanese enemy in other ways. It is difficult to believe that such an assumption
could ever be supported.
All individuals of Japanese descent have been referred to as 'subversive', as belonging
to "an enemy race' whose 'racial strains are undiluted, and as constituting 'over 112,000
potential enemies at large today along the Pacific Coast. There is no reliable
evidence to show that these individuals were generally disloyal, or had behaved in
a manner dangerous to war industries and defense installations.
No adequate reason is given for the failure to treat these Japanese Americans on an
individual basis by holding investigations and hearings to separate the loyal from the
disloyal, as was done in the case of persons of German and Italian ancestry.
Moreover, there was no adequate proof that the FBI and the military and naval
intelligence services did not have the espionage and sabotage situation under control
during this long period. Nor is there any denial of the fact that not one person of
Japanese ancestry was accused or convicted of sabotage after Pearl Harbor while they
were still free, a fact which indicated the loyalty of the vast majority of these individuals.
I dissent, therefore from this legalization of racism. Racial discrimination in any form
and in any degree has no justifiable part whatever in our democratic way of life. It
is unattractive in any setting but it is utterly revolting among a free people who have
embraced the principles set forth in the Constitution of the United States. All residents
of this nation are kin in some way by blood or culture to a foreign land. Yet they are
primarily and necessarily a part of the new and distinct civilization of the United States.
They must accordingly be treated at all times as the heirs of the American experiment
and as entitled to all the rights and freedoms guaranteed by the Constitution."
Mr. Justice Robert Jackson, dissenting:
"Korematsu was born on our soil, of parents born in Japan. The constitution makes
him a citizen of the United States by nativity and a citizen of California by residence.
No claim is made that he is not loyal to this country. There is no suggestion that
apart from the matter involved here he is not law-abiding.
Korematsu, however, has been convicted of an act not commonly a crime. It consists
merely of being present in the state whereof he is a citizen, near the place where he
was born, and where all his life he has lived.
The Army program is said to be a danger to liberty. If the Judiciary were to sustain the
order, however, it would be more of a blow to liberty than the declaration of the
order itself. A military order, however unconstitutional, is not apt to last longer than
the military emergency. Even during that period a succeeding commander may revoke
it. Once a judicial opinion rationalizes such an order to show that it conforms to the
Constitution, or rather rationalizes the Constitution to show that the order is sanctioned,
135
R.
SERALD
FORD
LIBRA
the Court has validated the principle of racial discrimination in criminal procedure
and of transplanting American citizens. The principle then lies about like a loaded
weapon ready for the hand of any authority that can bring forward a plausible claim
of an urgent need. Every repetition imbeds that principle more deeply in our law
and thinking and expands it to purposes."
Mitsuye Endo V. United States (Decided December 18, 1944, 323 U.S. 238; 65 Supreme
Court 193)
Mitsuye Endo is an American citizen of Japanese ancestry. She was evacuated from
Sacramento, California by the military in 1942. At that time, she was placed in the Tule
Lake War Relocation Center located in Newell, Modoc County, California. In July of 1942,
however, she filed a petition for a writ of habeas corpus, asking that she be released
from the Center and restored to liberty.
Her petition for a writ of habeas corpus states that she is a loyal and law abiding
citizen of the United States. Moreover, it states that she is being unlawfully detained
and confined in the Relocation Center under armed guard and against her will.
The Department of Justice and the War Relocation Authority agree that the appellant
(Mitsuye Endo) is a loyal and law-abiding citizen. However, they maintain that although
she has been granted permission to leave, it is necessary for her to remain in the Center
for an additional period of time.
Persons for the appellant argue that whatever power the War Relocation Authority
may have to detain other classes of citizens, it has no authority to force a loyal citizen
to go through clearance before leaving.
In this case, the military has the power to detain persons only if they present a threat
of espionage or sabotage against the war effort. However, a citizen who acknowledges
that he/she is loyal presents no problem of espionage or sabotage. Loyalty is a matter
of the heart and mind not of race, creed, or color. If a person is loyal, he/she is by
definition not a spy or saboteur. Therefore, the military has no power to detain loyal
citizens.
In addition, the Act of March 21, 1942 makes no mention of detention. This may be due
to the fact that detention in Relocation Centers was not part of the original program of
evacuation. Instead, the detention developed later in order that the evacuees not be
subjected to increasing hostility from various communities.
We do no mean to say that detention in the evacuation program would not be lawful
at all: The fact that the Act and the orders do not mention detention does not mean
that the power to detain is not permitted. Some such power may indeed be necessary
to the successful operation of the evacuation program. At least we may so assume.
Moreover, we may assume for the purposes of this case that initial detention in Relocation
Centers was authorized.
Mr. Justice Frank Murphy:
"I join in the opinion of the Court, but I am of the view that detention in Relocation
Centers of persons of Japanese ancestry regardless of loyalty is not only unauthorized
by Congress or the Executive but is another example of the unconstitutional resort to
racism inherent in the entire evacuation program. As stated more fully in my dissenting
opinion in Fred Toyosaburo Korematsu V. United States, racial discrimination of this
nature bears no reasonable relation to military necessity and is utterly foreign to the
ideals and traditions of the American people.
136
Moreover, the Court holds that Mitsuye Endo is entitled to an unconditional release
by the War Relocation Authority. It appears that Miss Endo desires to return to Sacramento,
California, from which Public Proclamations Nos. 7 and 11, as well as Civlian Exclusion
Order No. 52, still exclude her.
If, as I believe, the military orders excluding her from California were invalid at the time
they were issued, they are increasingly objectionable at this late date, when the threat
of invasion of the Pacific Coast and the fears of sabotage and espionage have greatly
diminished. For the Government to suggest under these circumstances that the
presence of Japanese blood in a loyal American citizen might be enough to warrant her
exclusion from a place where she would otherwise have a right to go is a position I
cannot sanction."
Mr. Justice Owens Roberts:
"I think it inadmissible to suggest that some inferior public servant exceeded the
authority granted by executive order in this case. Such a basis of decision will render
easy the evasion of law and the violation of constitutional rights, for when conduct is
called in question the obvious response will be that, however much the superior
executive officials knew, understood, and approved the conduct of their subordinates,
those subordinates in fact lacked a definite mandate so to act. It is to hide one's head
in the sand to assert that the detention of relator resulted from an excess of authority
by subordinate officials.
I conclude, therefore, that the court is squarely faced with a serious constitutional
question, - whether the relator's detention violated the guarantees of the Bill of
Rights of the federal Constitution and especially the guarantee of due process of law.
There can be but one answer to that question. An admittedly loyal citizen has been
deprived of her liberty for a period of years. Under the Constitution she should be free
to come and go as she pleases. Instead, her liberty of motion and other innocent
activities have been prohibited and conditioned. She should be discharged."
137
9
PROVISIONS To BE REPEALED
Subsection (a) of section 501 of the amended bill strikes paragraph
(1) of section 349 (a) of the Immigration Act (8 U.S.C. 1481 (a) Sec-
tion 349 concerns loss of nationality by nationals of the United States,
and subsection (a) (10) provides that nationality shall be lost by per-
sons who depart from or remain outside the jurisdiction of the United
States during a war or national emergency for the purpose of evading
or avoiding training and service in the Armed Forces of the United
States. The Supreme Court in the case of Kennedy v. Mendoza Mar-
tinez, 372 U.S. 144 (1963) held section 349 (a) (10) of the Immigra-
tion and Nationality Act to be unconstitutional because it employed
the sanction of deprivation of nationality as a punishment for the
offense of leaving or remaining outside the country to evade military
service without affording the procedural safeguards guaranteed by
the Fifth and Sixth Amendments. In this connection, the Court
pointed out that this punishment cannot be imposed without a criminal
trial with all its incidents and procedural safeguards including indict-
ment, notice confrontation, jury trial, assistance of counsel, and com-
pulsory process for obtaining witnesses. Since the subparagraph has
been held invalid, the bill provides that it be stricken from section
349 (a) of the Immigration and Nationality Act.
Subsection (b) of section 501 of the amended bill deletes Item 4 of
section 2667 (b) of Title 10. Item 4 provides that leases of non-excess
property of a military department must contain a provision making
the lease revocable by the section during a national emergency declared
by the President. In the course of the hearings on the bill, the commit-
tee was advised that the deletion of this provision would give the de-
partments concerned the option of either including or not including
such a requirement in their leases. The change would, therefore, make
it possible for the departments to dètermine whether the foreseeable
needs of the department would require the inclusion of such a pro-
vision.
Subparagraph (c) of section 501 repeals a joint resolution approved
August 8, 1947 concerned the regulation of consumer credit. This Act
ended consumer credit control under a war time executive order as of
November 1, 1947. The exception contained in the Act provided that
the authority could be exercised during war or national emergency
after the effective date of the act. The provisions of the act are obso-
lete. Section 1904 of Title 12 presently empowers the President to
authorize the Board of Governors of the Federal Reserve System to
regulate extensions of credit.
Subsection (d) of section 501 repeals section 5 (m) of the Tennessee
Valley Authority Act of 1933 (16 U.S.C. 831d (m). Subsection (m)
bars the sale of products except ferrophosphorus outside the United
States and possessions except as to the United States Government for
military use or to its allies in the case of war or until six months after
the termination of the Korean emergency. The committee has been
advised that the provisions of this subsection have no present applica-
tion.
Subsection (e) of section 501 of the amended bill repeals section
1383 of title 18 of the United States Code. This is a section which pro-
H. Rept. 238, 94-1-2
10
vides criminal penalties for "Whoever, contrary to the restrictions
applicable thereto, enters, remains in, leaves, or commits any act in
any military area or military zone prescribed under the authority of
an Executive Order of the President, by the Secretary of the Army
when it appears that the individual knew of the restrictions or order
and that his act was in violation thereof. This section was originally
enacted as a wartime measure on March 21, 1942. In the case of
Hirabayashi. V. United States, 320 U.S. 81, 92 (1943), the Court held
that the Act ratified and confirmed Executive Order No. 9066, 7 Fed.
Reg. 1407, which was promulgated during time of war on February
14, 1942, for the declared purpose of persecuting the war by protecting
national defense resources from sabotage and espionage. This was the
Executive Order which formed the basis for the relocation and deten-
tion of persons of Japanese ancestry in that period. This relationship
to the evacuation was even more directly discussed in the case of
Ex Parte Mitsuge Endo 323 U.S. 283, 298 when it was pointed out that
Congress had made the orders regarding the evacuation program sub-
ject to the civil penalties provided in the Act of March 21, 1942, the act
upon which the codified provisions of section 1383 of Title 18 are based.
Clearly, the Act was not intended to apply in normal peacetime situa-
tions. Further, by the Act of September 25, 1971, Public Law 92-128
repealed the provision of Title II of the Internal Security Act of 1950
(50 U.S.C. 811-826) the "Emergency Detention Act." The report of
the Committee which accompanied that legislation (H. Rept. 92-116,
92nd Congress, 1st Session) stated:
the Committee is of the view that the Emergency
Detention Act serves no useful purpose, but, on the contrary,
only engenders fears and resentment on the part of many of
our fellow citizens
The repeal of section 1383 of Title 18 is consistent with the previous
action of the Congress with reference to the above law. Since the pro-
visions of section 1383 of Title 18 have no current purpose, they are,
as a practical matter, obsolete.
Subsection (f) of section 501 strikes subsections (b), (c), (d), (e)
and (f) of section 6 of the Act of February 28, 1948. An amendment to
the Public Health Service Act concerning promotion of commissioned
officers of the Public Health Service. The committee has been advised
that these provisions now are obsolete.
Subsection (g) of section 601 repeals section 9 of the 1946 Merchant
Ship Sales Act. 50 U.S.C. 1742. This section of the Sales Act concerns
price adjustment for prior sales to citizens of the United States, The
committee has been advised that the section is now a nullity and no
future proclamation of a national emergency could provide any au-
thority under it. The letter from the Department of Commerce dated
April 1, 1975 discussing this point is set out at the end of this report.
CONTINUING AUTHORITY PROVIDED FOR IN THE BILL
As has been discussed in this report, a basic problem with emergency
legislation derives from the fact that much which is authorized and
much which has been done under it is really not of merely an "emer-
gency" nature. Simply to abolish all emergency powers and disposi-
December 5, 1975
Dear Mr. Horiuchi:
Thank you so much for your recent note
forwarding the material sent to the
President by the Japanese American Citizens
League.
This subject is being brought to the
attention of President Ford, and your
thoughtfulness in bringing it to my
attention is very much appreciated.
Sincerely,
Gwen A. Anderson
Deputy Assistant to the
Counsellor to the President
Mr. Wayne Horiuchi
Washington Representative
Japanese American Citizens League
1730 Rhode Island Avenue, N.W.
Washington, D.C. 20036
GERALD FORD LIBRARY
Capanrs
P.O. Box 60219
Sacramento, CA
December 30, 1975
The President
The White House
Washington, D.C. 20500
Dear Mr. President:
The totally unjustified uprooting and imprisonment during World
War II of all Pacific Coast residents of Japanese ancestry is
generally recognized by historians as one of the darkest chapters
in American history. It is disturbing to note that, despite the
passage of over 30 years, former President Franklin D. Roosevelt's
infamous Executive Order 9066 which authorized the perpetration
of that outrage against innocent Japanese Americans still remains
in effect as one of the laws of our nation. By any standard of
common sense or reason, revocation of that order has long been
overdue.
As a part of the Bicentennial Celebration of the founding of our
nation, an announcement by you rescinding that order would help to
remove some of the tarnish on the record of America's treatment of
its non-white minorities.
The significance of such an announcement would probably be enhanced
if it could be made on February 19, 1976, on the 34th anniversary
of the issuance of the order.
Respectfully yours,
FORD
GERALD
William Kashiwagi, President
Florin Chapter
Japanese American Citizen League
WYK/jh
CC: Mrs. Gwen Anderson
Deputy Assistant to Counselor Hartmann
West Wing, Basement
The White House
Washington, D.C. 20500
Mr. Dudley Chapman
Assc. Counsel to the President
The White House
Washington, D.C. 20500