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        "logicalDate": "1976-08-31",
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        "logicalDate": "1975-10-01",
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    "seq": 1,
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    "ocrText": "The original documents are located in Box 24, folder \"Japanese Americans (1)\" of the\nGwen Anderson Files at the Gerald R. Ford Presidential Library.\nCopyright Notice\nThe copyright law of the United States (Title 17, United States Code) governs the making of\nphotocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United\nStates of America his copyrights in all of his unpublished writings in National Archives collections.\nWorks prepared by U.S. Government employees as part of their official duties are in the public\ndomain. The copyrights to materials written by other individuals or organizations are presumed to\nremain with them. If you think any of the information displayed in the PDF is subject to a valid\ncopyright claim, please contact the Gerald R. Ford Presidential Library.\nTHE\nSTATE\nOF\n1889 THE SEAL OF MASHINGTON\nSTATE OF WASHINGTON\nOFFICE OF THE GOVERNOR\nOLYMPIA\nDANIEL J. EVANS\nGOVERNOR\nOctober 3, 1975\nMrs. Gwen Anderson\nDeputy Assistant to\nLIBRARY\nCounselor Hartmann\nWest Wing - Basement\nThe White House\n0.3.470\nWashington, D. C. 20500\nDear Gwen:\nI have been on the road much of the time since our meeting last month. However,\nI want to first of all thank you for your many courtesies, particularly the White\nHouse tour. For a boy from the provinces--and perhaps for any American--it is\na real thrill to see and be in the offices and roomsin the presidential suite.\nSecondly, I want to let you know that I had an excellent reception from Dick Allison\nin the Vice President's office and Dudley Chapman, Associate Counsel to the Presi-\ndent. Dick indicated that he would get the matter of Executive Order 9066 on the\nagenda of the Domestic Council and Mr. Chapman expressed the belief (admittedly\ntentative) that there would be no legal bar to the recission by the President of E.O.\n9066. As I indicated to you, this action would have great meaning to all persons of\nJapanese descent, as well as to the rest of us who feel that the E.O. was and remains\na terrible blot in our history.\nIt is also important that the matter of the E.O. be kept separate from the issue of\n\"reparations\". The two are not connected and in my judgment to tie them together\nwould be completely unnecessary and divert us from the main effort of the recission\nof the E.O.\nFinally, I believe it is important that the Japanese-American Citizens League, which\nhas been the moving force behind the recission of the order, deal directly with those\nof you in the White House who are working on the issue. Mich Matsudaira, Executive\nDirector of our Asian-American Affairs Commission, has been in touch with the\nWashington, D. C. representative of the JACL, Wayne Horiuchi, and I understand\nhe either has or will be in touch with your office. The Governor and this office will,\naser Y T00\nMrs. Gwen Anderson\nPage Two\nOctober 3, 1975\nof course, lend any assistance possible in this effort, but I believe the citizens\nof Japanese heritage rather than this office should be the moving force.\nBest regards,\nSincerely,\n1\nJames M. Dolliver\nAdministrative Assistant\nJMD: ks\ncc:\nDick Allison\nDudley Chapman\nMartin M. Matsudaira\nFORD\nDEPARTMENT\nTHE WHITE HOUSE\nWASHINGTON\nOctober 10, 1975\nMEMORANDUM FOR:\nBOB HARTMANN\nFROM:\nPHIL BUCHEN\nSUBJECT:\nRecision of Executive Order\nAuthorizing Japanese Internment\nCamps\nGovernor Dan Evans of Washington has requested that the President\nrevoke E.O. 9066 under which the Japanese Internment Camps were\nestablished during World War II, and that he do so on February 19,\n1976, which will be the 34th anniversary of the Order.\nThe Order (Tab A) did not itself establish the camps, but authorized the\nSecretary of War to prescribe military areas from which any persons\nmay be excluded and delegated to the Secretary of War or a military\ncommander full authority to restrict the right of any person to enter,\nremain in or leave the areas.\nAfter E.O. 9066 was issued, Congress gave it legislative sanction\nunder a law still in force as 18 U.S.C. 1383 (Tab B) which makes it\nan offense to enter or remain in a military zone prescribed in an\nExecutive Order of the President. The internment program was\nlater sustained by the Supreme Court.\nAs a delegation of authority under a statute still in force, it is under-\nstandable that non-lawyers could believe there is still something in\nexistence that could be rescinded. Legally, however, the Order\nwas expressly based upon \"the successful prosecution of the War\",\nand under established judicial precedents would be deemed to have\nexpired by its own terms upon the conclusion of that emergency.\nAny number of executive orders as well as statutes expire or become\n\"functus officio\" when their purpose is accomplished without the need\nfor any rescinding or repealing action. To purport to take such an\naction here would be legally pointless and risk making the President\nFORD\nLIBRARY\n076830\n- 2\nlook foolish. It would also prompt additional requests of this kind\nthat could be politically embarrassing.\nAs an alternative to rescinding an already defunct order, the President\ncould issue a commemorative statement on the anniversary date. This\ncould be in the form of a proclamation praising the loyalty of Japanese\nAmericans, expressing his regret for a blot on our history, noting\nthat the Roosevelt order expired with the War, and disclaiming the\nuse of such a practice in the future.\nLIBRARY\nSTATE\nE. O. 9064\nTitle 3-The President\nthe Civil Service Act (22 Stat. 404), it is\nnot in excess of six dollars a day while\nhereby ordered as follows:\nen route to the port of departure and\nawaiting transportation therefrom.\n1. The United States Civil Service\nCommission is authorized to adopt and\n2. The Governor of The Panama Canal\nprescribe such special procedures and\nmay prescribe such regulations as may\nregulations as it may determine to be\nbe necessary to carry out the provisions\nnecessary in connection with the re-\nof this order.\ncruitment, placement, and changes in\n3. This order shall be effective as of\nstatus of personnel for all departments,\nFebruary 1, 1942, and shall remain in\nindependent establishments, and other\nforce during the continuance of the\nFederal agencies, except positions in the\npresent war and for six months after the\nfield service of the postal establishment.\ntermination thereof.\nThe procedures and regulations thus\nFRANKLIN D ROOSEVELT\nadopted and prescribed shall be binding\nwith respect to all positions affected\nTHE WHITE HOUSE,\nthereby which are subject to the provi-\nFebruary 16, 1942.\nsions of the Civil Service Act and Rules.\n2. Persons appointed solely by reason\nEXECUTIVE ORDER 9065\nof any special procedures adopted under\nauthority of this order to positions sub-\nAMENDMENT OF SECTION 11 OF THE REGU-\nject to the provisions of the Civil Service\nLATIONS GOVERNING HIGHWAYS, VEHI-\nAct and Rules shall not thereby acquire\nCLES, AND VEHICULAR TRAFFIC IN THE\nCANAL ZONE\na classified (competitive) civil-service\nstatus, but, in the discretion of the Civil\nBy virtue of the authority vested in me\nService Commission, may be retained for\nby sections 5 and 321 of title 2 of the\nthe duration of the war and for six\nCanal Zone Code, it is ordered that sec-\nmonths thereafter.\ntion 11 of Executive Order No. 7242 of\nDecember 6, 1935, prescribing regulations\nFRANKLIN D ROOSEVELT\ngoverning highways, vehicles, and vehic-\nTHE WHITE HOUSE,\nular traffic in the Canal Zone, be, and\nFebruary 16, 1942.\nit is hereby, amended to read as follows:\nSEC. 11. Governor authorized to make\nregulations. The Governor is hereby au\nEXECUTIVE ORDER 9064\nthorized to make, alter, and amend from\ntime to time, rules and regulations for\nAUTHORIZING THE GOVERNOR OF THE PAN-\nthe purpose of carrying out the provisions\nAMA CANAL To FURNISH CERTAIN TRANS-\nof this order, and in time of war in which\nPORTATION TO PERSONS ENGAGED FOR\nthe United States is engaged or when\nSERVICE ON THE ISTHMUS OF PANAMA\nin the opinion of the Governor war is\nimminent, the Governor is hereby author-\nBy virtue of the authority vested in me\nized, subject to the provisions of Execu-\nby section 81 of title 2 of the Canal Zone\ntive Order No. 8232 of September 5,\nCode, as amended by section 3 of the act\n1939, to amend, modify, supplement, or\nof July 9, 1937, c. 470, 50 Stat. 487, it is\nsuspend this order, or any provision\nhereby ordered as follows:\nthereof, for the duration of any such\n1. Notwithstanding the provisions of\nperiod, when in his judgment such action\nparagraph 3 of Executive Order No. 1888\nis necessary in the public interest.\nof February 2, 1914, relating to condi-\ntions of employment in the Panama\nFRANKLIN D ROOSEVELT\nCanal service, the Governor of The Pan-\nTHE WHITE HOUSE,\nama Canal is authorized (1) to furnish\nFebruary 17, 1942.\nfree transportation, or to make reim-\nbursement of cost thereof, from any\npoint within the continental United\nEXECUTIVE ORDER 9066\nStates to the port of departure for the\nIsthmus of Panama, to any person en-\nAUTHORIZING THE SECRETARY OF WAR TO\ngaged for service with The Panama\nPRESCRIBE MILITARY AREAS\nCanal on the Isthmus (2) to furnish\nfree transportation from the port of de-\nWHEREAS the successful prosecution\nparture to the Isthmus; and (3) to pay\nof the war requires every possible pro-\nto such person a subsistence allowance\ntection against espionage and against\nE\nLIBRARY\nPage 1092\nGENATO\nChapter II-Executive Orders\nE. O. 9067\ny while\nsabotage to national-defense material,\ncies, to assist the Secretary of War or\nure and\nnational-defense premises, and nation-\nthe said Military Commanders in carry-\nm.\nal-defense utilities as defined in Section\ning out this Executive Order, including\na Canal\n4, Act of April 20, 1918, 40 Stat. 533, as\nthe furnishing of medical aid, hospital-\nas may\namended by the Act of November 30,\nization, food, clothing, transportation,\novisions\n1940, 54 Stat. 1220, and the Act of Au-\nuse of land, shelter, and other supplies,\ngust 21, 1941, 55 Stat. 655 (U.S.C., Title\nequipment, utilities, facilities, and serv-\ne as of\n50, Sec. 104)\nices.\npain in\nNOW, THEREFORE, by virtue of the\nThis order shall not be construed as\nof the\nauthority vested in me as President of\nmodifying or limiting in any way the\niter the\nthe United States, and Commander in\nauthority heretofore granted under Ex-\nChief of the Army and Navy, I hereby\necutive Order No. 8972, dated December\nEVELT\nauthorize and direct the Secretary of\n12, 1941, nor shall it be construed as lim-\nWar, and the Military Commanders\niting or modifying the duty and respon-\nwhom he may from time to time desig-\nsibility of the Federal Bureau of Investi-\nnate, whenever he or any designated\ngation, with respect to the investigation\nCommander deems such action neces-\nof alleged acts of sabotage or the duty\nsary or desirable, to prescribe military\nand responsibility of the Attorney Gen-\nareas in such places and of such extent\neral and the Department of Justice un-\nREGU-\nas he or the appropriate Military Com-\nder the Proclamations of December 7\nVEHI-\nmander may determine, from which any\nand 8, 1941, prescribing regulations for\nN THE\nor all persons may be excluded, and with\nthe conduct and control of alien ene-\nrespect to which, the right of any person\nmies, except as such duty and responsi-\nin me\nto enter, remain in, or leave shall be\nbility is superseded by the designation of\nof the\nsubject to whatever restrictions the Sec-\nmilitary areas hereunder.\nt sec-\nretary of War or the appropriate Mili-\n242 of\ntary Commander may impose in his dis-\nFRANKLIN D ROOSEVELT\nations\ncretion. The Secretary of War is hereby\nTHE WHITE HOUSE,\nvehic-\nauthorized to provide for residents of\n:, and\nany such area who are excluded there-\nFebruary 19, 1942.\nllows:\nfrom, such transportation, food, shelter,\nmake\nand other accommodations as may be\nEXECUTIVE ORDER 9067\nly au-\nnecessary, in the judgment of the Sec-\nfrom\nretary of War or the said Military Com-\nPROVIDING FOR THE TRANSFER OF\nIS for\nmander, and until other arrangements\nPERSONNEL TO WAR AGENCIES\nisions\nare made, to accomplish the purpose of\nwhich\nthis order. The designation of military\nBy virtue of the authority vested in me\nwhen\nareas in any region or locality shall su-\nby the Civil Service Act (22 Stat. 403),\nar is\npersede designations of prohibited and\nand by Section 1753 of the Revised Stat-\nthor-\nrestricted areas by the Attorney General\nutes of the United States (U.S.C., title 5,\nrecu-\nunder the Proclamations of December 7\nsec. 631), and in order to expedite the\ner 5,\nand 8, 1941, and shall supersede the re-\ntransfer of personnel to war agencies,\nit, or\nsponsibility and authority of the Attor-\nit is hereby ordered as follows:\nision\nney General under the said Proclama-\n1. For the purpose of facilitating\nsuch\ntions in respect of such prohibited and\ntransfers of employees under the provi-\nction\nrestricted areas.\nsions of this Order, the Director of the\nI hereby further authorize and direct\nBureau of the Budget shall from time to\nthe Secretary of War and the said Mili-\ntime establish priority classifications of\nLT\ntary Commanders to take such other\nthe several Executive departments and\nsteps as he or the appropriate Military\nagencies, or of parts or activities thereof,\nCommander may deem advisable to en-\nin respect to their relative importance\nforce compliance with the restrictions\nto the war program, and such classifica-\napplicable to each Military area herein-\ntions shall be controlling as to transfers\nabove authorized to be designated, in-\nunder the provisions of this Order.\ncluding the use of Federal troops and\n2. The Civil Service Commission is au-\nTO\nother Federal Agencies, with authority\nthorized to secure information as to em-\nto accept assistance of state and local\nployees of Executive departments and\nagencies.\nagencies who are deemed competent to\nion\nI hereby further authorize and direct\nperform essential war work in depart-\nro-\nall Executive Departments, independent\nments or agencies having a higher pri-\nnst\nestablishments and other Federal Agen-\nority classification, and, with the consent\nPage 1093\nTAI\nB\nTHE\nCh. 67\nMILITARY AND NAVY\n18 § 1383\nin Nebraska and the entire state of Ne-\nmander not to re-enter, testimony by\nbraska constituted one judicial district,\nchief of detectives of naval shipyard that\nwas no question as to proper alle-\nareas in question, though outside perime-\ngation of venue in each information and\nter fence, were within perimeter area of\nmatter then became one of proof. Hold-\nreservation and were patrolled by mili-\nridge Γ. U. S., C.A.Neb.1960, 282 F.2d 302.\ntary police of shipyard that there were\nsigns at entrance to the areas, that the\nIn prosecution of defendants for re-\nentry into a military reservation after\nareas were United States property and\nhaving been removed from it and ordered\nthat no peddling or soliciting was allowed\nnot to re-enter, evidence including gov-\nwas sufficient to prove ownership or pos-\nsession by United States. U. S. V. Pack-\nement exhibits consisting of maps\nard, D.C.Cal.1964, 236 F.Supp. 5S5, af-\nshowing military reservation within Ne-\nfirmed 339 F.2d S87.\nbraska was sufficient to establish venue\nwithin the judicial district of Nebraska.\nEvidence that Fuller Road was within\nId.\nthe area taken for the Quantico Marine\nCorps Reservation did not alone justify\n3. Barden of proof\ninference that the taking destroyed the\nIn sustain charge of an information\nstrip as a road and dissolved all rights\nalleging a violation of former section 97\nof user theretofore held by the public or\nof this title in that defendant reentered\nby persons having a special interest\na Marine Corps Reservation Road after\ntherein but merely established the au-\nhaving been ordered not to do so by the\nthority of the United States to police the\ncommanding General, the Government\nroad and to punish a defendant for im-\nhad to show an absolute ownership or\nproper conduct thereon. U. S. V. Watson,\nan exclusive right to possession of the\nD.C.Va.1948, S0 F.Supp. 649.\nroad, and proof of criminal jurisdiction\nof the road is not enough. U. S. V. Wat-\n6. Instructions\nson, D.C.Va.1948, 80 F.Supp. 649\nIn prosecution for re-entry into mili-\ntary reservation after having been re-\n4. Evidence-Admissibility\nmoved therefrom, instruction of court\nIn prosecution for re-entry into a mill-\nwhich included a reading from two infor-\ntary reservation after having been re-\nmations after court had carefully pointed\nmoved therefrom and ordered not to re-\nout that reading was solely for the pur-\nenter, trial court did not err in denying\npose of informing jury of the exact charg-\nadmission of evidence by defendant as\nes made, was not erroneous as consti-\nto purpose of re-entry. Holdridge V.\ntuting undue emphasis on what was not\nC. S., C.A.Neb.1960, 282 F.2d 302.\nevidence upon issue of venue. Holdridge\nV. U. S., C.A.Neb.1960, 282 F.2d 302.\n5.\nWeight and sufficiency\nIn prosecution for re-entering naval\nreservation after being ordered by com-\n§ 1383.\nRestrictions in military areas and zones\nWhoever, contrary to the restrictions applicable thereto, enters,\nremains in, leaves, or commits any act in any military area or mili-\ntary zone prescribed under the authority of an Executive order of\nthe President, by the Secretary of the Army, or by any military com-\nmander designated by the Secretary of the Army, shall, if it appears\nthat he knew or should have known of the existence and extent of\nthe restrictions or order and that his act was in violation thereof, be\nfined not more than $5,000 or imprisoned not more than one year, or\nboth. June 25, 1948, c. 645, 62 Stat. 765.-\nHistorical and Revision Notes\nReviser's Note. Based on Title 18, U.S. Words \"be guilty of a misdemeanor\"\nC., 1940 ed., § 97a (Mar. 21, 1942, C. 191, 56 were deleted as unnecessary in view of\nStat. 173).\ndefinitive section 1 of this title.\n455\nWAYNE K. HORIUCHI\nWASHINGTON REPRESENTATIVE\nJAPANESE AMERICAN CITIZENS LEAGUE\nMrs. Anderson:\nI thought you might be\ninterested in this package\nwhich was prepared by us.\nWe deeply appreciate your\nsupport in this and I'll make\nsure that Governor Evans'\noffice is notified of our\nfollow through.\nThank you.\nFORD &\n076830 LIBRARY All Wayne good Horiuchi things to you,\n1730 RHODE ISLAND AVE., N.W.\nAREA CODE 202\nSUITE 204\n223-1240\nWASHINGTON. D.C. 20036\nJAPANESE AMERICAN CITIZENS LEAGU\n1730 Rhode Island Ave. I 200 N.U\nWASHINCTONDS P.S.\nWASHINGTON OFFICE\nJACL\nJAPANESE AMERICAN CITIZENS LEAGUE\nUNITYD\n1730 RHODE ISLAND AVENUE. N.W.\nWASHINGTON. D.C. 20036\n(202) 223-1240\nNATIONAL HEADQUARTERS. JACL\nDAVID E. USHIO NATIONAL DIRECTOR\nSUTTER\n1765 POST STREET\nWAYNE K. HORIUCHI\nSAN FRANCISCO. CALIFORNIA 94115\nWASHINGTON REPRESENTATIVE\n(415) 921-5225\nNovember 14, 1975\nMr. Gerald R. Ford\nThe White House\nWashington, D.C. 20500\nDear Mr. President:\nThis is to transmit a request by the Japanese American\nCitizens League (JACL) that you rescind Executive Order 9066,\nwhich led to the internment of 112,000 Americans of Japanese\nancestry in American concentration camps during World War II.\nThe Order was issued on February 19, 1942 by President Franklin\nD. Roosevelt and remains in effect to this day, symbolic of\na dark period in the history of the United States when the rights\nand privileges of citizenship were denied a group of Americans -\nas a matter of public policy and solely on the basis of race.\nThe JACL is an organization of 30,000 members with 98 chapters\nthroughout the United States which not only represents the interests\nof Japanese Americans, but is also committed to the extension,\nenhancement and preservation of the fundamental human and civil\nrights of all Americans. We are therefore most concerned that the\ninstrument which led to the deprivation of the rights and liberties\nof so many be cancelled and removed as a blot from among the laws\nof the land.\nWe have attached letters from many prominent and distinguished\nindividuals who support the Japanese American Citizens League in\nthis request. The following individuals urge rescission of\nExecutive Order 9066:\nThe Honorable Hiram L. Fong\nThe Honorable Daniel K. Inouye\nThe Honorable Spark Matsunaga\nThe Honorable Norman Y. Mineta\nThe Honorable Patsy T. Mink\nMr. William Hosokawa, Associate Editor of the DENVER POST\nMr. Jack Kusaba, Senior Vice President, Sumitomo Bank of\nCalifornia\nMr. William Marumoto, Former Special Assistant to\nPresident Nixon\nFOR BETTER AMERICANS IN A GREATER AMERICA\nMr. Joseph L. Rauh, Jr., Counsel, Leadership Conference\nOn Civil Rights\nMr. Edwin O. Reischauer, former Ambassador to Japan and\nProfessor at Harvard University\nMr. Shigeki Sugiyama, President of the Japanese American\nCitizens League\nWe hope that other letters will be forthcoming in the immediate\nfuture.\nAs background information we have enclosed a chronology of\nthe implementation of Executive Order 9066, a copy of the original\nexecutive order, and the Civilian Exclusion Orders which were\nissued by the Army pursuant to Executive Order 9066 and subsequently\ncaused the evacuation and internment of the Japanese American.\nIn addition, the Congress of the United States is considering\nthe repeal of Title 18, USC 1383, which gave statutory sanction to\nExecutive Order 9066. The House has voted 388 to 4 for repeal\nwhile the Senate will consider it shortly. Part of the House\nJudiciary Report is also enclosed.\nWe respectfully request your most serious and favorable\nconsideration to rescind Executive Order 9066.\nSincerely\nWayne k. Horiuchi\nWashington Representative\nDavid Ushio\nNational Executive Director\nEnclosure\nI. Endorsement Letters\nII. Informational Attachments:\nLetter from Office of Governor Daniel J. Evans\nChronology of E.O. 9066\nCopy of E.O. 9066\nCopy of Civilian Exclusion Orders\nJudiciary Committee Report on National Emergencies\nFORD\nLIBRARY\nde\n07V830\nI. ENDORSEMENT LETTERS\nFORD LIBRARY\n017839\nHIRAM L. FONG\nHAWAII\nUnited States Senate\nWASHINGTON, D.C. 20510\nNovember 4, 1975\nMr. Wayne K. Horiuchi\nWashington Representative\nJapanese American Citizens League\n1730 Rhode Island Ave., N.W., Suite 204\nWashington, D.C. 20036\nDear Mr. Horiuchi:\nI am writing to express my wholehearted endorse-\nment of the Japanese American Citizens League in its ef-\nforts to encourage rescission of Executive Order 9066,\nunder which evacuation of persons of Japanese ancestry was\ncarried out during World War II.\nI have been privileged to know the JACL for many\nyears and fully endorse your organization's goals and his-\ntorical record of achievement.\nThe action to evacuate and intern 110,000 persons\nof Japanese ancestry in relocation camps was a human trage-\ndy in American history.\nAs a member of the Senate Judiciary Committee\nconcerned with issues of civil liberties, I believe favor-\nable consideration should be given the rescinding of Execu-\ntive Order 9066.\nWith best regards and aloha,\nSincerely,\nChram Hiram L. Fong L thing\nHLF:1nm\nSPARK M. MATSUNAGA\nDEPUTY MAJORITY WHIP\n1ST DISTRICT, HAWAII\nMEMBER:\nWASHINGTON OFFICE:\nCOMMITTEE ON RULES\n442 CANNON BUILDING\n20515\nCongress of the United States\nSTEERING\nAND POLICY COMMITTEE\nHONOLULU OFFICE:\nhouse of Representatives\nCHAIRMAN, SUBCOMMITTEE\n218 FEDERAL BUILDING\nOF SELECT\n96813\nCOMMITTEE ON AGING\nWashington, D.C. 20515\nNovember 11, 1975\nThe President\nThe White House\nWashington, D. C. 20500\nDear Mr. President:\nI am writing in support of the Japanese American\nCitizens League's request that Executive Order 9066,\nsigned by President Franklin Delano Roosevelt on\nFebruary 19, 1942, be officially rescinded.\nExecutive Order 9066 was responsible for the\ninternment of over 112,000 persons of Japanese ancestry,\nover two-thirds of whom were American citizens.\nFebruary 19, 1976 will mark the 34th Anniversary\nof the signing of Executive Order 9066 and it would be\na fitting gesture if the order were formally rescinded\nby you on that date.\nI am certain that we all recognize that the\ninternment of the 112,000 persons during 1943-45 was\na grave injustice and constitutes a shameful blot on the\nhistory of our nation. If there is any lesson to be\ngained from Executive Order 9066, it is not that the\nincredible did happen in America, but that it must never\nagain be allowed to happen to any group anywhere under\nthe American flag.\nIn 1971 Congress took a step to insure that the\nterrible injustice of Executive Order 9066 would never\nbe repeated. Title II of the Emergency Detention Act\nof the Internal Security Act of 1950 was repealed after\na three year effort on my part. I was privileged to\nhave your support in that effort on the floor of\nthe House.\nI believe that the opportunity to take the\nsecond step is here. The recission of Executive Order\n9066 will surely be one of the highlights of America's\nThe President\nNovember 11, 1975\nPage Two\nBicentennial and proof that our nation will not let\npast injustices be ignored and uncorrected.\nI therefore strongly urge your serious consi-\nderation to rescind Executive Order 9066 on\nFebruary 19, 1976.\nAloha and best wishes.\nSincerely,\nMember of Congress\nFORD LIGHTS\n2.\n07/830\nNORMAN Y. MINETA\nWASHINGTON OFFICE:\nMEMBER OF CONGRESS\n510 CANNON HOUSE OFFICE BUILDING\n13TH DISTRICT, CALIFORNIA\nWASHINGTON, D.C. 20515\nTELEPHONE: (202) 225-2631\nCOMMITTEES:\nPUBLIC WORKS AND\nCongress of the United States\nDISTRICT OFFICES:\nTRANSPORTATION\nGOLDEN PACIFIC CENTER\nPOST OFFICE AND CIVIL SERVICE\nhouse of Representatives\n1245 S. WINCHESTER BLVD.\nSUITE 310\nSAN JOSE, CALIFORNIA 95128\nWashington, D.C. 20515\nTELEPHONE: (408) 984-6045\n7951 WREN AVENUE\nSUITE D\nGILROY, CALIFORNIA 95020\nNovember 6, 1975\nTELEPHONE: (408) 847-2664\nThe President\nThe White House\nWashington, D.C.\nDear Mr. President:\nOn February 19, 1942, President Franklin Delano Roosevelt\nsigned Executive Order 9066, thus authorizing the U.S. military\nto evacuate and intern 112,000 American citizens of Japanese\nancestry to \"relocation camps.\"\nAs a result of this action, loyal Japanese-American citizens\nwere subjected to a tragic injustice never before and never since\nincurred by a minority segment of the American people. In addition\nto bearing the moral injustice of this Order, many families suf-\nfered the mental anguish and economic consequences of leaving their\nhomes and businesses behind.\nAs one who personally experienced this internment during\nWorld War II, I respectfully urge you to rescind E.O. 9066, thus\nremoving this ignominious mark on American History and restoring\nhonor and justice to the Japanese-American people.\nSincerely\nNORMAN MINETA\nMember of Congress\nNYM/aw\nFORD\nLIBRARY\n07/838\nTHIS STATIONERY PRINTED ON PAPER MADE WITH RECYCLED FIBERS\nPATSY T. MINK\nNOV 10 REC'D\nOFFICES:\nSECOND DISTRICT\nWASHINGTON, D.C.\nHAWAII\n2338 RAYBURN BUILDING\nPHONE: 225-4906\nCOMMITTEE ON EDUCATION\nAND LABOR (ON LEAVE)\nCongress of the United States\nHONOLULU, HAWAII\nSELECT SUBCOMMITTEE ON EDUCATION\n346-348 FEDERAL BUILDING\nGENERAL SUBCOMMITTEE ON EDUCATION\nSUBCOMMITTEE ON EQUAL OPPORTUNITIES\nhouse of Representatives\nPHONE: 531-4602\nCOMMITTEE ON INTERIOR AND\nWAIPAHU, HAWAII\nINSULAR AFFAIRS\nWashington, D.C. 20515\n94-801 FARRINGTON HIGHWAY\nSUBCOMMITTEE ON TERRITORIAL AND\nPHONE: 671-0170\nINSULAR AFFAIRS\nSUBCOMMITTEE ON NATIONAL PARKS\nAND RECREATION\nSUBCOMMITTEE ON MINES AND MINING,\nCHAIRMAN\nNovember 6, 1975\nCOMMITTEE ON THE BUDGET\nMr. Wayne Horiuchi\nWashington Representative\nJapanese American Citizens League\n1730 Rhode Island Avenue, N.W.\nWashington, D. C. 20036\nDear Mr. Horiuchi:\nI write to strongly support the JACL request to the President\nencouraging rescission of Executive Order 9066 which ordered\nthe evacuation of 112, 000 American citizens of Japanese\nancestry to concentration camps.\nThis Order, used to enforce the evacuation, represents the\nlast legal vestige of an unlawful Act by the Government\nagainst its citizens of Japanese ancestry, solely on the\nbasis of race and national origin.\nIt is therefore incumbent upon the Federal Government to\nexemplify its determination to rid itself and its people\nof the temptations of all forms of racism by renouncing\nExecutive Order 9066 forever from the journals of this land.\nI join the JACL in calling upon the President to rescind\nthis infamous law.\nVery truly yours,\nPATSY T. MINK\nMember of Congress\nTHE DENVER POST\nBILL HOSOKAWA\nNovember 11,\nASSOCIATE EDITOR\n1975\nDear Wayne,\nI am amazed that Executive Order 9066, the basis for\nthe outrageous legalized discrimination against an\nAmerican racial minority in World War II, still remains\non the statute books.\nToday, nearly 35 years after Executive Order 9066 be-\ncame law, in a time when encouraging progress is\nbeing made in the field of civil rights, this infamous\nmeasure must be repudiated.\nI am happy to learn the Japanese American Citizens\nLeague is taking the lead in a drive to have Executive\nOrder 9066 consigned to the scrap heap of historical\nmistakes where it belongs.\nI would like to join other fair-minded citizens,\ninterested in the creation of a better America for\nall Americans, in urging President Ford to take the\nnecessary steps to rescind Executive Order 9066.\nPlease let me know how I can help.\nSincerely,\nBil Hosokawa\nMr. Wayne Horiuchi\nWashington Representative\nJapanese American Citizens League\n1730 Rhode Island Ave., N.W.\nWashington, D.C. 20036\nThe Sumitomo Bank of California\nSAN FRANCISCO, CALIFORNIA 94119\nJACK S. KUSABA\nSENIOR VICE PRESIDENT\nAND SECRETARY\nNovember 11, 1975\nMr. Gerald R. Ford\nPresident of the United States\nThe White House\nWashington, D.C.\nDear President Ford:\nAs a Japanese American who was evacuated to-\ngether with my family and some 112,000 American\nCitizens of Japanese Ancestry from the Pacific\nCoast in 1942, I respectfully urge that you rescind\nand publicly repudiate President Franklin D. Roosevelt's\nExecutive Order 9066.\nJohnson Yours very truly,\nFORD LIBRARY\nof\n1025 Connecticut Ave. N.W., Suite 907\nWashington. D.C. 20036\nTelephone (202) 785-3030\nWilliam H. (Mo) Marumoto\nPresident\nTheinterfaceGrapltd.\nNovember 21, 1975\nThe Honorable Gerald R. Ford\nPresident\nThe White House\nWashington, D.C. 20500\nDear Mr. President:\nI write in support of the Japanese American Citizens League who is\nformally requesting your favorable action to rescind Executive Order\n9066; the order which was responsible for the evacuation and intern-\nment of 110, 000 persons of Japanese ancestry.\nThis tragic and disgraceful act still stands as a symbol which is anti-\nthetical to the American belief in civil and human rights. In this\nbicentennial year, it would only be appropriate that you favorably\nconsider the rescission of Executive Order 9066.\nAs a member of the White House Staff under former President Nixon,\nI am particularly aware of the importance of this act to persons of\nJapanese American descent.\nSincerely,\nWill Mathood\nFORD\nLAW OFFICES\nRAUH, SILARD AND LICHTMAN\n1001 CONNECTICUT AVENUE. N. W.\nWASHINGTON. D. C. 20036\nJOSEPH L. RAUH. JR.\n202-331-1795\nJOHN SILARD\nELLIOTT c. LICHTMAN\nOctober 31, 1975\nHARRIETT R. TAYLOR\nThe Honorable Gerald R. Ford\nThe White House\nWashington, D. C.\nDear Mr. President:\nThis letter is written in support of the Japanese\nAmerican Citizens League's request that you rescind Executive\nOrder 9066 signed by President Roosevelt on February 19, 1942\nunder which more than a hundred thousand American citizens of\nJapanese ancestry were interned in World War II.\nExecutive Order 9066 resulted in a great American\ntragedy. The tragedy lay in our nation turning its back on\nthe high principles and purposes on which it had been founded.\nWe forgot that a policy of harsh severity toward any\ngroup of immigrants and their dependants should be impossible\nfor a country whose lifeblood comes from our immigrant founders\nand builders.\nWe forgot that distinctions between citizens because\nof their ancestry are odious to a free people whose institutions\nare founded upon the principle of equality.\nWe forgot that loyalty is a matter of mind and of\nheart, and not of race.\nWe forgot that distinctions based on color or ancestry\nare utterly inconsistent with our institutions, our ideals\nand our Constitution.\nWe forgot that under our system of justice, guilt is\npersonal and not inheritable.\nWe forgot all these things and denied over one hundred\nthousand persons of Japanese ancestry their constitutional\n- 2 -\nrights solely because they belonged to a particular race into\nwhich they had been born.\nFew today would doubt the error President Roosevelt\nmade in promulgating Executive Order 9066. Your rescision\nof that Order with a ringing \"Never Again\" declaration will\nstrengthen civil freedom in our country and help bind up\nlong-standing wounds.\nJasi Joseph L. Rauh, Jr.\nSincerely\nJLRJr./1j\nGERALD R. LIBRERY FORD\nHARVARD UNIVERSITY\nROOM 503\nEDWIN O. REISCHAUER\n1737 CAMBRIDGE STREET\nCAMBRIDGE,\nMASSACHUSETTS 02138\nPHONE (617) 495-3220\nNovember 12, 1975\nPresident Gerald R. Ford\nThe White House\nDear Mr. President:\nI understand that the Japanese American Citizens League is\nformally requesting you to rescind Executive Order 9066, under\nwhich the Americans of Japanese descent were rounded up and put\ninto concentration camps in 1942.\nAs you know, the people of America have long since realized\nthat this act was not only unnecessary but was also grossly unfair\nand basically un-American, and they have long since attempted to\nmake amends for it, though of course much of the damage can never\nbe undone. To rescind the Executive Order at this late date na-\nturally will not bring substantive changes of any sort, but the\nmere fact that the Japanese American Citizens League is asking\nthat this should be done shows that psychologically it would be\nimportant. I have known and been close to the League for a long time,\nand, as I am sure you know, it is a fine organization of loyal\nAmerican citizens doing a responsible and worthwhile job on behalf\nof a minority that has been unjustly treated in the past. At this\ntime when your most successful visit to Japan a year ago and the\nequally successful visit here of the Japanese Emperor and Empress\nlast month have come to symbolize a new stage of warmth and a sense\nof mutual equality in our important relations with Japan, it would\nbe particularly fitting if you were to rescind this Order. It would\nbe the just thing to do, even though it is only symbolic, and it\nwould please our citizens of Japanese ancestry, the many millions\nof other Americans, like myself, who believe in justice and who\nvalue Japanese-American relations, and, I believe, the Japanese\ngovernment and public as well.\nRespectfully yours,\nEdward Dinder\nGERALDA FORD\nEdwin O. Reischauer\nEOR:nkh\nJapanese american\nCITIZENS LeaGUE\n1765 Sutter St\n921-5225\nNATIONAL HEADQUARTERS Suite 203 San Francisco, California 94115 (415) 568-3202\nREGIONAL OFFICES: Washington, D.C./Chicago/San Francisco/Los Angeles/Portland/Fresno\nDavid E. Ushio, National Executive Director\nNovember 19, 1975\nMr. Gerald R. Ford\nThe White House\nWashington, D.C. 20500\nDear Mr. President:\nIt has come to our attention that Executive Order 9066, which\nled to the mass incarceration of 112,000 persons of Japanese\nancestry in American concentration camps during World War II, and\nwas promulagated on February 19, 1942 by President Franklin D.\nRoosevelt, has never been rescinded. We respectfully request that\nthat Order be revoked.\nThe language of the Executive Order makes no direct reference\nto persons of Japanese ancestry. Nevertheless, the broad powers\nwhich that order conferred upon the military were applied selectively\nagainst citizens and residents of the United States solely on the\nbasis of their race. Thus E.O. 9066 remains symbolic of a time in\nour history when the awesome powers of the Chief Executive in time\nof war were directed against a particular racial group in America\nwithout regard for the human and civil rights of the citizens\naffected. It remains as a painful reminder to us Americans of\nJapanese ancestry that we were once, as a matter of public policy\ninitiated by the Executive and confirmed by the Congress and the\nSupreme Court, most callously deprived of our constitutional rights\nand treated as non-Americans unworthy of the rights of citizenship\nuntil we proved our loyalty and worthiness with our blood, sweat,\nand tears.\nEqually and perhaps more importantly for all Americans,\nExecutive Order 9066 remains uncancelled even today, available\nfor us against particular groups of Americans. Although we\ntrust that neither you, Mr. President, nor any future President of\nthe United States would even consider reinvoking the provisions\nof Executive Order 9066, as long as the Order remains \"on the\nbooks\", the people of these United States remain unwittingly and\nunnecessarily under a threat to their civil liberties.\nWe note that the Congress of the United States has initiated\naction under the National Emergencies Bill (H.R. 3884) to repeal\nsection 1383 of Title 18 of the United States Code, which in\neffect provided Congressional sanction and force to the implementa-\ntion of Executive Order 9066 in 1942 (by providing criminal penal-\nGERALD\nBRARY\nBetter Americans in a Greater America\nties for disobediance of orders of the military issued pursuant\nto the Executive Order). Thus Presidential action to rescind\nExecutive Order 9066 would be not only appropriate, but also\ntimely, particularly as we approach the commemoration of the\n200th anniversary of the founding of our great nation and a time\nto reaffirm our commitment to the ideals of freedom and liberty\nfor all upon which our nation was founded.\nOn behalf of the 30,000 members and 98 chapters of the\nJapanese American Citizens League, an organization committed to\nthe concept and to the furtherance of freedom and equality for all,\nmay I request your most serious and favorable consideration of\nour request for the rescission of Executive Order 9066.\nRespectfully yours,\nShighs Jhoniyan\nShigeki J. Suglyama\nNational President\nGERALD\n48989\nII.INFORMATIONAL ATTACHMENTS\nCREATO FORD LISHER\nTHE\nSTATE\nOF\n1889 THE SEAL OF\nSTATE OF WASHINGTON\nOFFICE OF THE GOVERNOR\nOLYMPIA\nDANIEL J. EVANS\nGOVERNOR\nOctober 3, 1975\nMrs. Gwen Anderson\nDeputy Assistant to\nCounselor Hartmann\nWest Wing - Basement\nGERALD R. FORD LIBRARY\nThe White House\nWashington, D. C. 20500\nDear Gwen:\nI have been on the road much of the time since our meeting last month. However,\nI want to first of all thank you for your many courtesies, particularly the White\nHouse tour. For a boy from the provinces--and perhaps for any American--it is\na real thrill to see and be in the offices and room in the presidential suite.\nSecondly, I want to let you know that I had an excellent reception from Dick Allison\nin the Vice President's office and Dudley Chapman, Associate Counsel to the Presi-\ndent. Dick indicated that he would get the matter of Executive Order 9066 on the\nagenda of the Domestic Council and Mr. Chapman expressed the belief (admittedly\ntentative) that there would be no legal bar to the recission by the President of E.O.\n9066. As I indicated to you, this action would have great meaning to all persons of\nJapanese descent, as well as to the rest of us who feel that the E.O. was and remains\na terrible blot in our history.\nIt is also important that the matter of the E.O. be kept separate from the issue of\n\"reparations\". The two are not connected and in my judgment to tie them together\nwould be completely unnecessary and divert us from the main effort of the recission\nof the E.O.\nFinally, I believe it is important that the Japanese-American Citizens League, which\nhas been the moving force behind the recission of the order, deal directly with those\nof you in the White House who are working on the issue. Mich Matsudaira, Executive\nDirector of our Asian-American Affairs Commission, has been in touch with the\nWashington, D. C. representative of the JACL, Wayne Horiuchi, and I understand\nhe either has or will be in touch with your office. The Governor and this office will,\nMrs. Gwen Anderson\nPage Two\nOctober 3, 1975\nof course, lend any assistance possible in this effort, but I believe the citizens\nof Japanese heritage rather than this office should be the moving force.\nBest regards,\nSincerely,\nJames M. Dolliver\nAdministrative Assistant\nJMD: ks\ncc:\nDick Allison\nDudley Chapman\nMartin M. Matsudaira\nPALD\nFORD\nCHRONOLOGY OF EXECUTIVE ORDER 9066\nDecember 7, 1941 Pearl Harbor is attacked and war is declared\nFebruary 19, 1942 Executive Order 9066, 7 Federal Regulation 1407\nis signed by President Franklin Delano Roosevelt which gave the\nSecretary of War the authority to designate \"military areas\" and\nto exclude \"any or all\" persons from those areas. Executive Order\n9066 began United States military action to evacuate and intern\n112,000 American citizens of Japanese ancestry to \"relocationscamps.\" \"\nMarch 21, 1942 Congress passes Public Law 503 codified as Section\n1383 of Title 18 United States Code which provides criminal penal-\nties for \"Whoever, contrary to the restrictions applicable thereto,\nenters, remains in, leaves, or commits any act in any military areas\nor military zone prescribed under the authority of an Executive\nOrder of the President, by the Secretary of the Army...\" when it\nR.\nappears that the individual knew of the restrictions or order and\n076830\n0801\nthat his act was in violation thereof. This legislation legally\nbuttressed Executive Order 9066.\nMarch 2 - March 27, 1942 General John L. De Witt issues four public\nproclamations which initiate the following:\nPublic Proclamation No. 1: Divides Washington, Oregon,\nCalifornia, and Arizona into two military areas and designates\nother military areas as \"restricted zones.' \"\nPublic Proclamation No. 2: Sets up four additional military\nareas in the states of Idaho, Montana, Nevada and Utah.\nPublic Proclamation No. 3: Instituted throughout the first\nmilitary area an 8 P.M. to 6 A.M. curfew for all enemy aliens\nand \"persons of Japanese ancestry\" and provided that \"at all\nother times all such persons shall only be at their place of\nresidence or employment or travelling between those places or\nwithin a distance of not more than five miles from their place\nof residence.\"\nPublic Proclamation No. 4: Forbade all Japanese, alien and\ncitizens, to leave Military Area No. 1.\nMarch 24, 1943 General De Witt issues first \"Civilian Exclusion\nOrder\" and the evacuation begins.\nJune 21, 1943 The Supreme Court of the United States adjudicates\nHirabayashi V. United States, 320 U.S. 81, 92 which held that Public\nLaw 503 ratified and confirmed Executive Order 9066.\nSeptember 25, 1971 Congress passes Public Law 92-128 repealing\nTitle II of the Internal Security Act of 1950 which eliminated a law\nwhich could have provided for concentration camps similar to the\nevacuation experience. The legislative fight was led by the Japanese\nAmerican Citizens League.\nSeptember 4, 1975 The House of Representatives passes HR 3884 by\na vote of 388 to 4 which repeals section 1383 of Title 18 (Public\nLaw 503). The bill now awaits Senate action.\nFebruary 19, 1976 This date will be the 34th anniversary of the\nsigning of Executive Order 9066.\nGERAL\nFORD\nLICERRY\nI. Dupar\nDupar\nNATIONAL\nTHE\nLITTERA\nSCRIPTA\nARCHIVES\nMANET\nFEDERAL\nREGISTER\nOF\nVOLUME 7\nTHE\n1934\nSTATES\nNUMBER 38\nUNITED\nWashington, Wednesday, February 25, 1942\nThe President\nsteps as he or the appropriate Military\nCONTENTS\nCommander may deem advisable to en-\nTHE PRESIDENT\nforce compliance with the restrictions\nEXECUTIVE ORDER\napplicable to each Military area herein-\nExecutive Orders:\nPage\nAUTHORIZING THE SECRETARY OF WAR TO\nbove authorized to be designated, in-\nAgriculture Department, consol-\nPRESCRIBE MILITARY AREAS\ncluding the use of Federal troops and\nidating certain agencies\nother Federal Agencies, with authority\nwithin\n1409\nWHEREAS the successful prosecution\nto accept assistance of state and local\nMilitary areas; Secretary of War\nof the war requires every possible pro-\nagencies.\nto prescribe\n1407\ntection against espionage and against\nI hereby further authorize and direct\nTransfer of personnel to war\nsabotage to national-defense material,\nall Executive Departments, independent\nagencies\n1407\nnational-defense premises, and national-\ndefense utilities as defined in Section 4,\nestablishments and other Federal Agen-\nWyoming, partial revocation of\ncies, to assist the Secretary of War or\nland withdrawal\n1409\nAct of April 20, 1918, 40 Stat. 533, as\namended by the Act of November 30, 1940,\nthe said Military Commanders in carry-\nTrading with the enemy Act, power\ning out this Executive Order, including\nand authority delegated to\n54 Stat. 1220, and the Act of August 21,\nthe furnishing of medical aid, hospital-\nSecretary of the Treasury\n1409\n1941, 55 Stat. 655 (U.S.C., Title 50, Sec.\n104)\nization, food, clothing, transportation,\nRULES, REGULATIONS,\nNOW, THEREFORE, by virtue of the\nuse of land, shelter, and other supplies,\nORDERS\nauthority vested in me as President of\nequipment, utilities, facilities, and serv-\nices.\nthe United States, and Commander in\nTITLE 7-AGRICULTURE:\nChief of the Army and Navy, I hereby\nThis order shall not be construed as\nAgricultural Adjustment Ad-\nauthorize and direct the Secretary of\nmodifying or limiting in any way the\nministration:\nWar, and the Military Commanders\nauthority heretofore granted under Ex-\nConservation program, 1942,\nwhom he may from time to time desig-\necutive Order No. 8972,1 dated December\namendment\n1410\nnate, whenever he cr any designated\n12, 1941, nor shall it be construed as lim-\nTITLE 10-ARMY: WAR DEPARTMENT:\nCommander deems such action necessary\niting or modifying the duty and respon-\nPersonnel:\nor desirable, to prescribe military areas\nsibility of the Federal Bureau of Investi-\nAmerican Defense Service\nin such places and of such extent as he\ngation, with respect to the investigation\nMedal, issuance of\n1413\nor the appropriate Military Commander\nof alleged acts of sabotage or the duty\nMedical and dental attend-\nmay determine, from which any or all\nand responsibility of the Attorney Gen-\nance\n1410\npersons may be excluded, and with re-\neral and the Department of Justice un-\nTITLE 12-BANKS AND BANKING:\nspect to which, the right of any person\nder the Proclamations of December 7 and\nBoard of Governors, Federal\nto enter, remain in, or leave shall be\n8, 1941, prescribing regulations for the\nReserve System:\nsubject to whatever restrictions the Sec-\nconduct and control of alien enemies,\nReserves of member banks,\nretary of War or the appropriate Mili-\nexcept as such duty and responsibility is\namendments\n1413\ntary Commander may impose in his dis-\nsuperseded by the designation of military\nTITLE 14-Civil AVIATION:\ncretion. The Secretary of War is hereby\nareas hereunder.\nAdministrator of Civil Aero-\nauthorized to provide for residents of any\nFRANKLIN D ROOSEVELT\nnautics:\nsuch area who are excluded therefrom,\nTHE WHITE HOUSE,\nCivil airways, designation of\n1417\nsuch transportation, food, shelter, and\nFebruary 19, 1942.\nTraffic control areas redesig-\nother accommodations as may be neces-\nnated, etc\n1424\nsary. in the judgment of the Secretary\nINo. 9066]\nCivil Aeronautics Board:\nof War or the said Military Commander,\nAir carrier operating certifi-\nand until other arrangements are made,\n[F. R. Doc. 42-1563; Filed, February 21, 1942;\n12:51 p. m.]\ncates (2 documents)\n1414\nto accomplish the purpose of this order.\nDomestic air carriers, uniform\nThe designation of military areas in any\nsystem of accounts\n1415\nregion or locality shall supersede desig-\nInterlocking relationships, ap-\nnations of prohibited and restricted areas\nEXECUTIVE ORDER\nprovals of\n1415\nby the Attorney General under the Proc-\nlamations of December 7 and 8, 1941,1 and\nPROVIDING FOR THE TRANSFER OF\nTITLE 16-COMMERCIAL PRACTICES:\nFederal Trade Commission:\nshall supersede the responsibility and au-\nPERSONNEL TO WAR AGENCIES\nCease and desist orders:\nthority of the Attorney General under\nBy virtue of the authority vested in me\nBattle Creek Drugs, Inc.,\nthe said Proclamations in respect of such\nby the Civil Service Act (22 Stat. 403),\net al\n1425\nprchibited and restricted areas.\nand by Section 1753 of the Revised Stat-\nConsumers Mercantile Serv-\nI hereby further authorize and direct\nutes of the United States (U.S.C., title 5,\nice\n1424\nthe Secretary of War and the said Mili-\nHarwood Institute, et al\n1425\ntary Commanders to take such other\n6 FR. 6420.\n2 6 FR. 6321, 6323, 6324.\nDEPARTMENT\n(Continued on next page)\n1407\nE.L. Dupar\nWESTERN DEFENSE COMMAND AND FOURTH ARMY\nWARTIME CIVIL CONTROL ADMINISTRATION\nPresidio of San Francisco, California\nMay 3, 1942\nINSTRUCTIONS\nTO ALL PERSONS OF\nJAPANESE\nANCESTRY\nLiving in the Following Area:\nAll of that portion of the City of Les Angeles, State of California, within that boundary beginning 'at\nthe point at which North Figueroa Street meets a line following the middle of the Los Angeles River;\nthence southerly and following the said line to East First Street; thence westerly on East First Street\nto Alameda Street; thence southerly on Alameda Street to East Third Street; thence northwesterly on\nEast Third Street to Main Street; thence northerly on Main Street to First Street; thence north-\nwesterly on First Street to Figueros Street; thence northeasterly on Figueroa Street to the point of\nbeginning.\nPursuant to the provisions of Civilian Exclusion Order No. 33, this Headquarters, dated May 3, 1942, all per-\nsons of Japanese ancestry, both alien and non-alien, will be evacuated from the above area by 12 o'clock noon,\nP. W. T., Saturday, May 9, 1942\nNo Japanese person living in the above area will be permitted to change residence after 12 o'clock noon, P. W.T.,\nSunday, May 3, 1942, without obtaining special permission from the representative of the Commanding Gen-\neral, Southern California Sector, at the Civil Control Station located at:\nJapanese Union Church,\n120 North San Pedro Street,\nLos Angeles, California.\nSuch permits will only be granted for the purpose of uniting members of a family, or in cases of grave emergency.\nThe Civil Control Station is equipped to assist the Japanese population affected by this evacuation in the fol-\nlowing ways:\n1. Give advice and instructions on the evacuation.\n2 Provide services with respect to the management, leasing, sale, storage or other disposition of most kinds\nof property, such as real estate, business and professional equipment, household goods, boats, automobiles and\nlivestock.\n3. Provide temporary residence elsewhere for all Japanese in family groups.\n4. Transport persons and a limited amount of clothing and equipment to their new residence.\nThe Following Instructions Must Be Observed:\n1. A responsible member of each family, preferably the head of the family, or the person in whose name most of\nthe property is held, and each individual living alone, will report to the Civil Control Station to receive further\ninstructions. This must be done between 8:00 A. M. and 5:00 P. M. on Monday, May 4, 1942, or between\n8:00 A. M. and 5:00 P. M. on Tuesday, May 5, 1942.\n2 Evacuees must carry with them on departure for the Assembly Center, the following property:\n(a) Bedding and linens (no mattress) for each member of the family;\n(b) Toilet articles for each member of the family;\n(c) Extra clothing for each member of the family;\n(d) Sufficient knives, forks, spoons, plates, bowls and cups for each member of the family;\n(e) Essential personal effects for each member of the family.\nAll items carried will be securely packaged, tied and plainly marked with the name of the owner and numbered\nin accordance with instructions obtained at the Civil Control Station. The size and number of packages is lim-\nited to that which can be carried by the individual or family group.\n3. No pets of any kind will be permitted.\n4. No personal items and no household goods will be shipped to the Assembly Center.\n5. The United States Government through its agencies will provide for the storage, at the sole risk of the owner,\nof the more substantial household items, such as iceboxes, washing machines, pianoe and other heavy furniture.\nCooking utensils and other small items will be accepted for storage if crated, packed and plainly marked with the\nname and address of the owner. Only one name and address will be used by a given family.\n6. Each family, and individual living alone, will be furnished transportation to the Assembly Center or will be\nauthorised to travel by private automobile in a supervised group. All instructions pertaining to the movement will\nbe obtained at the Civil Control Station.\nGo to the Civil Control Station between the hours of 8:00 A. M. and 5:00 P. M.,\nMonday, May 4, 1942, or between the hours of 8:00 A. M. and 5:00 P. M.,\nTuesday, May 5, 1942, to receive further instructions.\nJ.L. DeWITT\nLieutenant General, U.S. Army\n⑉ CIVILIAN EXCLUSION ORDER NO. 33.\nCommanding\n129\nHeadquarters\nWestern Defense Command\nand Fourth Army\nPresidio of San Francisco, California\nApril 1, 1942\nCivilian Exclusion Order No. 4\n1. Pursuant to the provisions of Public Proclamations Nos. 1 and 2, this headquarters,\ndated March 2, 1942, and March 16, 1942, respectively, it is hereby ordered that all\npersons of Japanese ancestry, including aliens and non-aliens, be excluded on or before\n12 o'clock noon, P.W.T., of Wednesday, April 8, 1942, from that portion of Military\nArea No. 1 in the State of California described as follows:\nAll of San Diego County, California, south of a line extending in an easterly direction\nfrom the mouth of the San Dieguito River (northwest of Del Mar), along the north side\nof the San Dieguito River, Lake Hodges, and the San Pasqual River to the bridge over\nthe San Pasqual River at or near San Pasqual; thence easterly along the southerly line\nof California State Highway No. 78 through Ramona and Julian to the eastern boundary\nline of San Diego County.\n2. A responsible member of each family, and each individual living alone, in the above\ndescribed affected area will report between the hours of 8:00 a.m. and 5:00 p.m.,\nThursday, April 2, 1942, or during the same hours on Friday, April 3, 1942, to the\nCivil Control Station located at:\n1919 India Street\nSan Diego, California\n3. Any person affected by this order who fails to comply with any of its provisions or\nthe provisions of published instructions pertaining hereto, or who is found in the above\nrestricted area after 12 o'clock noon, P.W.T., of Wednesday, April 8, 1942, will be subject\nto the criminal penalties provided by Public Law No. 503, 77th Congress, approved\nMarch 21, 1942, entitled \"An Act to Provide a Penalty for Violation of Restrictions or\nOrders with Respect to Persons Entering, Remaining in, Leaving, or Committing Any Act\nin Military Areas or Zones,\" and alien Japanese will be subject to immediate apprehension\nand internment.\nJ.L. DeWITT\nLieutenant General, U.S. Army\nCommanding\n130\nRS.#1121\nRecorder 6/27/38 in\nBk. 788, Pg. 353 of OR.\nI, We, and each of us, the undersigned owners of the real property hereinafter set\nout opposite our names, and being situate in the County of San Diego, State of California,\nand being in Block 47 Shermans Addition, according to the map therof NO. 478, filed\nin the office of the Recorder of the County of San Diego, State of California, on Janauary\n4, 1888, do hereby agree to, and do bind ourselves and each and all of our heirs,\nexecutors, administrators, succssors in interest and assigns, to the following restrictions\nand/or conditions and/or covenants, to wit:\n1. That we will not, nor will any of us, our heirs, executors, administrators, successors\nin interest, and assigns, permit the said real property, or any part thereof, owned by us\nor any of us, our heirs, executors, administrators, successors in interest and assigns to\nbe used and/or occupied by any person, or persons, not of the white or Caucasian race,\nwhether as owner, tenant, or otherwise.\n2. That said restrictions and/or conditions and/or covenants shall run with the land\nfor the benefit of all the undersigned owners thereof, their heirs, executors, administrators,\nsuccessors in interest and assigns, and for the benefit of the real property owned by us,\nor any of us, in said Sherman's Addition.\n3. That the breach of any of the said restrictions and/or conditions and/or covenants\nof this agreement, or the continuance of any such breach may be enjoined, abated or\notherwise remedied by any appropriate legal proceeding by all of us or any of us, our\nor either of our, or any of our heirs, executors, administrators, successors in interest and\nassigns.\n4. That in all conveyance of any of said real property situate in Block 47, Sherman's\nAdd., I, we and each of us, our heirs, executors, administrators, successors in interest\nand assigns, will incorporate in such conveyance of said real property the express\ncovenant and/or restrictions and/or conditions that the grantee or second party to any\nsuch conveyance of said real-property, will not permit said real property so conveyed,\nor any part thereof, to be used and/or occupied by any person, or persons not of the\nwhite or Caucasian race.\nIN WITNESS WHEREOF, we have hereunto set our hands this\nday of January,\n1937.\nNAME OF PROPERTY OWNER\nREAL PROPERTY OWNED BY US IN\nBLOCK 47 SHERMAN'S ADDITION.\nCORAE. BLACK\n(Lot2)\nGROVER CLEVELAND BLACK\nGUY F. AUSTIN\n(Lot 1)\nMRS. EMMA L. HOEGE\nABBIE S. HOLLINGTON\n(Lots 4, 5, and 6)\nCHAS. R. SELLORS\n(Lot7)\nIRMA E. MYERS\n131\nKivoshi Hirabayashi v. United States (Decided - June 21, 1943, 320 U.S. 81; 63 Supreme\nCourt)\nAn Executive Order has given a military commander the right to designate a military\narea and make restrictions to govern this area. The Act of Congress of March 21,\n1942 makes it a misdemeanor to knowingly disregard these restrictions. Gordon\nKiyoshi Hirabayashi was convicted in the Distrisct Court (California) of violating the Act\nof Congress. The decision was appealed and the judgment of conviction affirmed,\nThe particular restriction presently being discussed states that all persons of Japanese\nancestry residing in the military area must be within their place of residence daily\nbetween the hours of 8:00 p.m. and 6:00 a.m. It has been contended that the curfew\norder and other orders on which it rested were beyond the war powers of the Congress,\nthe military authorities and of the President (as Commander in Chief of the Army).\nIt is also being questioned whether the restriction violated the Fifth Amendment by\nunconstitutionally discriminating between citizens of Japanese ancestry and those\nof other ancestries.\nGordon Kiyoshi Hirabayashi (appellant) asserted that the indictment should be dismissed\nbecause he was an American citizen who had never been a subject of and had never\npledged allegiance to the Empire of Japan. In addition, the Act of March 21, 1942 was\nthought to be an unconstitutional delegation of Congressional power.\nThe appellant was born in Seattle in 1918 of Japanese parents who had come from\nJapan to the United States, and who had never afterward returned to Japan. He was\neducated in the Washington public schools and at the time of his arrest was a senior\nin the University of Washington. It was also maintained that Mr. Hirabayashi had\nnever been in Japan or had any association with Japanese residing there.\nGordon Kiyoshi Hirabayashi felt that he would be giving up his rights as an American\ncitizen in obeying the curfew imposed by the military commander. For this reason\nhe was away from his place of residence after 8:00 p.m. on May 9, 1942. The jury\nreturned a verdict of guilty on both counts: 1) failure to report to the Civil Control\nStation on May 11 or May 12, 1942 to register for evacuation from the military area,\nand 2) failure to remain in his place of residence from 8:00 p.m. to 6:00 a.m. Hirabayashi\nwas sentenced to imprisonment for a term of three months on each, the sentences to\nrun at the same time.\nCertain social, economic and political conditions existed when the Japanese came\nto the United States. These conditions are believed to have caused the Japanese\nto stick together and prevented their assimilation as a part of the white population.\nIn addition, large numbers of children of Japanese parentage are sent to Japanese\nlanguage schools after public school is over. Some of these schools are thought to be\nsources of Japanese nationalistic propaganda, encouraging the children to pledge\nallegiance to Japan. Considerable numbers, estimated to be approximately 10,000\nof American-born children of Japanese parentage have been sent to Japan for all or\npart of their education.\nAs a result of all these conditions affecting the life of the Japanese in the Pacific Coast\nArea, there has been little social intercourse between them and the white population.\nBecause persons of Japanese ancestry have been faced with many restrictions while\nresiding in the United States, they may have become more isolated from the rest\nof the population and more attached to Japan and Japanese institutions.\nThe Executive Order permitted establishment of military areas for the purpose of\nprotecting national defense resources from sabotage and espionage. The Act of\nCongress ratified this Executive Order. Both were an exercise of constitutional power\n132\nto wage war. Once the Executive and Congress have this power, they also have the\nfreedom to use their own judgment in determining what the threat is and how it can\nbe resisted. A court should not decide whether the Executive and/or Congress did the\nright thing nor should a court substitute its own judgment for that of the Executive\nor Congress.\nMeasures adopted by the Government may point out that a group of one nationality\nis more dangerous to the country's safety than any other group. This is not entirely\nbeyond the limits of the Consititution and should not be condemned just because\nracial differences are usually irrelevant.\nAppellant, however, insists that the exercise of the power is inappropriate and\nunconstitutional because it discriminates against citizens of Japanese ancestry, in\nviolation of the Fifth Amendment.\nDistinctions between citizens solely because of their ancestry are hateful to a free\npeople whose institution are founded upon equality. For that reason, discrimination\nbased on race alone has often been considered a denial of equal protection. These\nconsiderations would be in effect here were it not for the fact that the danger of\nespionage and sabotage makes it necessary for te military authorities to look into every\nfact having to do with the loyalty of populations in the danger areas.\nMr. Justice Frank Murphy concurring statement\nDistinctions based on color and ancestry are utterly inconsistent with our traditions and\nideals. They are at variance with the principles for which we are now waging war.\nWe cannot close our eyes to the fact that for centuries the Old World has been torn\nby racial and religious conflicts and has suffered the worst kind of anguish because\nof inequality of treatment for different groups. There was one law for one and a\ndifferent law for another. Nothing is written more firmly into our law than the\ncompact of the Plymouth voyagers to have just and equal laws. To say that any group\ncannot be assimilated is to admit that the great American experience has failed, that\nour way of life has failed when confronted with the normal attachment of certain groups\nto the lands of their forefathers. As a nation we embrace many groups, some of them\namong the oldest settlements in our midst, which have isolated themselves for religious\nand cultural reasons.\nToday is the first time, so far as I am aware, that we have sustained a substantial restriction\nof the personal liberty of citizens of the United States based upon the accident of race\nor ancestry. Under the curfew order here challenged no less than 70,000 American\ncitizens have been placed under a special ban and deprived of their liberty because\nof their particular racial inheritance. In this sense it bears a melancholy resemblance\nto the treatment accorded to members of the Jewish race in Germany and in other\nparts of Europe. The result is the creation in this country of two classes of citizens\nfor purposes of a critical and perilous hour - to sanction discrimination between\ngroups of United States citizens on the basis of ancestry. In my opinion this goes to\nthe very brink of constittional power.\nExcept under condition of great emergency a regulation of this kind applicable solely\nto citizens of a particular racial extraction would not be regarded as in accord with\nthe requirement of due process of law contained in the Fifth Amendment.\na denial of due process of law as that term is used in the Fifth Amendment. I think\nthat point is dangerously approached when we have one law for the majority of our\ncitizens and another for those of a particular racial heritage.\n133\nGENETO\nFORD\nNor do I mean to intimate that citizens of a particular racial group whose freedom may\nbe curtailed within an area threatened with attack should be generally prevented\nfrom leaving the area and going at large in other areas that are not in danger of attack\nand where special precautions are not needed. Their status as citizens, though subject\nto requirements of national security and military necessity, should at all times be\naccorded the fullest consideration and respect. When the danger is past, the restrictions\nimposed on them should be promptly removed and their freedom of action fully restored.\nToyosaburo Korematsu v. United States (Decided December 18, 1944, 323 U.S. 214;\n65 Supreme Court 193; 89 L. Ed. 194)\nHardships are part of war and war is a collection of hardships. All citizens, whether they\nbe in or out of uniform, feel the impact of war. Citizenship has its responsibilities as\nwell as its privileges, and in time of war, the burden is always heavier.\nIt is said that Korematsu has been imprisoned in a concentration camp solely because\nof his ancestry, without any evidence to show his loyalty or disloyalty towards the\nUnited States. Our task would be simple, our duty clear, were this a case involving\nthe imprisonment of a loyal citizen in a concentration camp because of racial prejudice.\nFirst of all, we do not think it justifiable to call them concentration camps, with all\nthe ugly pictures that term brings to mind. Secondly, regardless of the true nature of\nthe assembly and relocation centers, we are dealing specifically with nothing but an\nexclusion order. To bring in the issue of racial prejudice, without reference to the\nreal mitlitary dangers which existed, merely confuses the issue.\nKorematsu was not excluded from the Military Area because of hostility to him or\nhis race. He was excluded because we are at war with the Japanese Empire. Military\nauthorities feared an invasion of our West Coast and felt it necessary to take proper\nsecurity measures. The military urgency of the situation required that all citizens of\nJapanese ancestry be segregated from the West Coast temporarily. Congress put\ntheir confidence in our military leaders and decided that they should have the power\nto carry out the necessary measures. There was evidence of disloyalty on the part of\nsome so the military authorities felt that the need for action was great. The fact that we\ncan look back and see things more calmly does not allow us to say that at that time\nthese actions were unjustified.\nMr. Justice Owens Robert:\n\"I dissent, because I think the facts exhibit a clear violation of Constitutional rights.\nThis is not a case of keeping people off the street at night as was Kiyoshi Hirabayashi\nV. United States, nor a case of temporary exclusion of a citizen from an area for safety\nreasons. Korematsu was not offered an opportunity to go temporarily out of an area\nin which his presence might cause danger to himself or to his fellows. On the contrary,\nit is the case of convicting a citizen as a punishment to not giving in to imprisonment in a\nconcentration camp.\nIn addition, if a citizen were forced to obey two laws and obedience to one of them\nwould violate the other, to punish him for violation of either law would be unfair. It\nwould be to deny him due process of law.\"\nThe Court also dealt with a technical complication which arose. On May 30, the date\non which Korematsu was charged with remaining unlawfully in the prohibited area,\nthere were two conflicting military orders, one forbidding him to remain in the area,\nthe other forbidding him to leave but ordering him to report to an assembly center.\nThe Court held the orders not to be contradictory, since the requirement to report to the\nassembly center was merely a step in a program of compulsory evacuation from the area.\n134\nMr. Justice Frank Murphy, dissenting:\n\"This exclusion of all persons of Japanese ancestry, both alien and non-alien,' from the\nPacific Coast area because of military necessity ought not to be approved. Such exclusion\ngoes over 'the very brink of constitutional power' and falls into the ugly abyss of racism.\nAt the same time, it is essential that there be definite limits to military discretion.\nIndividuals should not be denied their constitutional rights because of a 'military\nnecessity that has neither substance nor suppport.\nThe exclusion order is reasonable only if one assumes that all persons of Japanese\nancestry may have a dangerous tendency to commit sabotage and espionage and to\naid our Japanese enemy in other ways. It is difficult to believe that such an assumption\ncould ever be supported.\nAll individuals of Japanese descent have been referred to as 'subversive', as belonging\nto \"an enemy race' whose 'racial strains are undiluted, and as constituting 'over 112,000\npotential enemies at large today along the Pacific Coast. There is no reliable\nevidence to show that these individuals were generally disloyal, or had behaved in\na manner dangerous to war industries and defense installations.\nNo adequate reason is given for the failure to treat these Japanese Americans on an\nindividual basis by holding investigations and hearings to separate the loyal from the\ndisloyal, as was done in the case of persons of German and Italian ancestry.\nMoreover, there was no adequate proof that the FBI and the military and naval\nintelligence services did not have the espionage and sabotage situation under control\nduring this long period. Nor is there any denial of the fact that not one person of\nJapanese ancestry was accused or convicted of sabotage after Pearl Harbor while they\nwere still free, a fact which indicated the loyalty of the vast majority of these individuals.\nI dissent, therefore from this legalization of racism. Racial discrimination in any form\nand in any degree has no justifiable part whatever in our democratic way of life. It\nis unattractive in any setting but it is utterly revolting among a free people who have\nembraced the principles set forth in the Constitution of the United States. All residents\nof this nation are kin in some way by blood or culture to a foreign land. Yet they are\nprimarily and necessarily a part of the new and distinct civilization of the United States.\nThey must accordingly be treated at all times as the heirs of the American experiment\nand as entitled to all the rights and freedoms guaranteed by the Constitution.\"\nMr. Justice Robert Jackson, dissenting:\n\"Korematsu was born on our soil, of parents born in Japan. The constitution makes\nhim a citizen of the United States by nativity and a citizen of California by residence.\nNo claim is made that he is not loyal to this country. There is no suggestion that\napart from the matter involved here he is not law-abiding.\nKorematsu, however, has been convicted of an act not commonly a crime. It consists\nmerely of being present in the state whereof he is a citizen, near the place where he\nwas born, and where all his life he has lived.\nThe Army program is said to be a danger to liberty. If the Judiciary were to sustain the\norder, however, it would be more of a blow to liberty than the declaration of the\norder itself. A military order, however unconstitutional, is not apt to last longer than\nthe military emergency. Even during that period a succeeding commander may revoke\nit. Once a judicial opinion rationalizes such an order to show that it conforms to the\nConstitution, or rather rationalizes the Constitution to show that the order is sanctioned,\n135\nR.\nSERALD\nFORD\nLIBRA\nthe Court has validated the principle of racial discrimination in criminal procedure\nand of transplanting American citizens. The principle then lies about like a loaded\nweapon ready for the hand of any authority that can bring forward a plausible claim\nof an urgent need. Every repetition imbeds that principle more deeply in our law\nand thinking and expands it to purposes.\"\nMitsuye Endo V. United States (Decided December 18, 1944, 323 U.S. 238; 65 Supreme\nCourt 193)\nMitsuye Endo is an American citizen of Japanese ancestry. She was evacuated from\nSacramento, California by the military in 1942. At that time, she was placed in the Tule\nLake War Relocation Center located in Newell, Modoc County, California. In July of 1942,\nhowever, she filed a petition for a writ of habeas corpus, asking that she be released\nfrom the Center and restored to liberty.\nHer petition for a writ of habeas corpus states that she is a loyal and law abiding\ncitizen of the United States. Moreover, it states that she is being unlawfully detained\nand confined in the Relocation Center under armed guard and against her will.\nThe Department of Justice and the War Relocation Authority agree that the appellant\n(Mitsuye Endo) is a loyal and law-abiding citizen. However, they maintain that although\nshe has been granted permission to leave, it is necessary for her to remain in the Center\nfor an additional period of time.\nPersons for the appellant argue that whatever power the War Relocation Authority\nmay have to detain other classes of citizens, it has no authority to force a loyal citizen\nto go through clearance before leaving.\nIn this case, the military has the power to detain persons only if they present a threat\nof espionage or sabotage against the war effort. However, a citizen who acknowledges\nthat he/she is loyal presents no problem of espionage or sabotage. Loyalty is a matter\nof the heart and mind not of race, creed, or color. If a person is loyal, he/she is by\ndefinition not a spy or saboteur. Therefore, the military has no power to detain loyal\ncitizens.\nIn addition, the Act of March 21, 1942 makes no mention of detention. This may be due\nto the fact that detention in Relocation Centers was not part of the original program of\nevacuation. Instead, the detention developed later in order that the evacuees not be\nsubjected to increasing hostility from various communities.\nWe do no mean to say that detention in the evacuation program would not be lawful\nat all: The fact that the Act and the orders do not mention detention does not mean\nthat the power to detain is not permitted. Some such power may indeed be necessary\nto the successful operation of the evacuation program. At least we may so assume.\nMoreover, we may assume for the purposes of this case that initial detention in Relocation\nCenters was authorized.\nMr. Justice Frank Murphy:\n\"I join in the opinion of the Court, but I am of the view that detention in Relocation\nCenters of persons of Japanese ancestry regardless of loyalty is not only unauthorized\nby Congress or the Executive but is another example of the unconstitutional resort to\nracism inherent in the entire evacuation program. As stated more fully in my dissenting\nopinion in Fred Toyosaburo Korematsu V. United States, racial discrimination of this\nnature bears no reasonable relation to military necessity and is utterly foreign to the\nideals and traditions of the American people.\n136\nMoreover, the Court holds that Mitsuye Endo is entitled to an unconditional release\nby the War Relocation Authority. It appears that Miss Endo desires to return to Sacramento,\nCalifornia, from which Public Proclamations Nos. 7 and 11, as well as Civlian Exclusion\nOrder No. 52, still exclude her.\nIf, as I believe, the military orders excluding her from California were invalid at the time\nthey were issued, they are increasingly objectionable at this late date, when the threat\nof invasion of the Pacific Coast and the fears of sabotage and espionage have greatly\ndiminished. For the Government to suggest under these circumstances that the\npresence of Japanese blood in a loyal American citizen might be enough to warrant her\nexclusion from a place where she would otherwise have a right to go is a position I\ncannot sanction.\"\nMr. Justice Owens Roberts:\n\"I think it inadmissible to suggest that some inferior public servant exceeded the\nauthority granted by executive order in this case. Such a basis of decision will render\neasy the evasion of law and the violation of constitutional rights, for when conduct is\ncalled in question the obvious response will be that, however much the superior\nexecutive officials knew, understood, and approved the conduct of their subordinates,\nthose subordinates in fact lacked a definite mandate so to act. It is to hide one's head\nin the sand to assert that the detention of relator resulted from an excess of authority\nby subordinate officials.\nI conclude, therefore, that the court is squarely faced with a serious constitutional\nquestion, - whether the relator's detention violated the guarantees of the Bill of\nRights of the federal Constitution and especially the guarantee of due process of law.\nThere can be but one answer to that question. An admittedly loyal citizen has been\ndeprived of her liberty for a period of years. Under the Constitution she should be free\nto come and go as she pleases. Instead, her liberty of motion and other innocent\nactivities have been prohibited and conditioned. She should be discharged.\"\n137\n9\nPROVISIONS To BE REPEALED\nSubsection (a) of section 501 of the amended bill strikes paragraph\n(1) of section 349 (a) of the Immigration Act (8 U.S.C. 1481 (a) Sec-\ntion 349 concerns loss of nationality by nationals of the United States,\nand subsection (a) (10) provides that nationality shall be lost by per-\nsons who depart from or remain outside the jurisdiction of the United\nStates during a war or national emergency for the purpose of evading\nor avoiding training and service in the Armed Forces of the United\nStates. The Supreme Court in the case of Kennedy v. Mendoza Mar-\ntinez, 372 U.S. 144 (1963) held section 349 (a) (10) of the Immigra-\ntion and Nationality Act to be unconstitutional because it employed\nthe sanction of deprivation of nationality as a punishment for the\noffense of leaving or remaining outside the country to evade military\nservice without affording the procedural safeguards guaranteed by\nthe Fifth and Sixth Amendments. In this connection, the Court\npointed out that this punishment cannot be imposed without a criminal\ntrial with all its incidents and procedural safeguards including indict-\nment, notice confrontation, jury trial, assistance of counsel, and com-\npulsory process for obtaining witnesses. Since the subparagraph has\nbeen held invalid, the bill provides that it be stricken from section\n349 (a) of the Immigration and Nationality Act.\nSubsection (b) of section 501 of the amended bill deletes Item 4 of\nsection 2667 (b) of Title 10. Item 4 provides that leases of non-excess\nproperty of a military department must contain a provision making\nthe lease revocable by the section during a national emergency declared\nby the President. In the course of the hearings on the bill, the commit-\ntee was advised that the deletion of this provision would give the de-\npartments concerned the option of either including or not including\nsuch a requirement in their leases. The change would, therefore, make\nit possible for the departments to dètermine whether the foreseeable\nneeds of the department would require the inclusion of such a pro-\nvision.\nSubparagraph (c) of section 501 repeals a joint resolution approved\nAugust 8, 1947 concerned the regulation of consumer credit. This Act\nended consumer credit control under a war time executive order as of\nNovember 1, 1947. The exception contained in the Act provided that\nthe authority could be exercised during war or national emergency\nafter the effective date of the act. The provisions of the act are obso-\nlete. Section 1904 of Title 12 presently empowers the President to\nauthorize the Board of Governors of the Federal Reserve System to\nregulate extensions of credit.\nSubsection (d) of section 501 repeals section 5 (m) of the Tennessee\nValley Authority Act of 1933 (16 U.S.C. 831d (m). Subsection (m)\nbars the sale of products except ferrophosphorus outside the United\nStates and possessions except as to the United States Government for\nmilitary use or to its allies in the case of war or until six months after\nthe termination of the Korean emergency. The committee has been\nadvised that the provisions of this subsection have no present applica-\ntion.\nSubsection (e) of section 501 of the amended bill repeals section\n1383 of title 18 of the United States Code. This is a section which pro-\nH. Rept. 238, 94-1-2\n10\nvides criminal penalties for \"Whoever, contrary to the restrictions\napplicable thereto, enters, remains in, leaves, or commits any act in\nany military area or military zone prescribed under the authority of\nan Executive Order of the President, by the Secretary of the Army\nwhen it appears that the individual knew of the restrictions or order\nand that his act was in violation thereof. This section was originally\nenacted as a wartime measure on March 21, 1942. In the case of\nHirabayashi. V. United States, 320 U.S. 81, 92 (1943), the Court held\nthat the Act ratified and confirmed Executive Order No. 9066, 7 Fed.\nReg. 1407, which was promulgated during time of war on February\n14, 1942, for the declared purpose of persecuting the war by protecting\nnational defense resources from sabotage and espionage. This was the\nExecutive Order which formed the basis for the relocation and deten-\ntion of persons of Japanese ancestry in that period. This relationship\nto the evacuation was even more directly discussed in the case of\nEx Parte Mitsuge Endo 323 U.S. 283, 298 when it was pointed out that\nCongress had made the orders regarding the evacuation program sub-\nject to the civil penalties provided in the Act of March 21, 1942, the act\nupon which the codified provisions of section 1383 of Title 18 are based.\nClearly, the Act was not intended to apply in normal peacetime situa-\ntions. Further, by the Act of September 25, 1971, Public Law 92-128\nrepealed the provision of Title II of the Internal Security Act of 1950\n(50 U.S.C. 811-826) the \"Emergency Detention Act.\" The report of\nthe Committee which accompanied that legislation (H. Rept. 92-116,\n92nd Congress, 1st Session) stated:\nthe Committee is of the view that the Emergency\nDetention Act serves no useful purpose, but, on the contrary,\nonly engenders fears and resentment on the part of many of\nour fellow citizens\nThe repeal of section 1383 of Title 18 is consistent with the previous\naction of the Congress with reference to the above law. Since the pro-\nvisions of section 1383 of Title 18 have no current purpose, they are,\nas a practical matter, obsolete.\nSubsection (f) of section 501 strikes subsections (b), (c), (d), (e)\nand (f) of section 6 of the Act of February 28, 1948. An amendment to\nthe Public Health Service Act concerning promotion of commissioned\nofficers of the Public Health Service. The committee has been advised\nthat these provisions now are obsolete.\nSubsection (g) of section 601 repeals section 9 of the 1946 Merchant\nShip Sales Act. 50 U.S.C. 1742. This section of the Sales Act concerns\nprice adjustment for prior sales to citizens of the United States, The\ncommittee has been advised that the section is now a nullity and no\nfuture proclamation of a national emergency could provide any au-\nthority under it. The letter from the Department of Commerce dated\nApril 1, 1975 discussing this point is set out at the end of this report.\nCONTINUING AUTHORITY PROVIDED FOR IN THE BILL\nAs has been discussed in this report, a basic problem with emergency\nlegislation derives from the fact that much which is authorized and\nmuch which has been done under it is really not of merely an \"emer-\ngency\" nature. Simply to abolish all emergency powers and disposi-\nDecember 5, 1975\nDear Mr. Horiuchi:\nThank you so much for your recent note\nforwarding the material sent to the\nPresident by the Japanese American Citizens\nLeague.\nThis subject is being brought to the\nattention of President Ford, and your\nthoughtfulness in bringing it to my\nattention is very much appreciated.\nSincerely,\nGwen A. Anderson\nDeputy Assistant to the\nCounsellor to the President\nMr. Wayne Horiuchi\nWashington Representative\nJapanese American Citizens League\n1730 Rhode Island Avenue, N.W.\nWashington, D.C. 20036\nGERALD FORD LIBRARY\nCapanrs\nP.O. Box 60219\nSacramento, CA\nDecember 30, 1975\nThe President\nThe White House\nWashington, D.C. 20500\nDear Mr. President:\nThe totally unjustified uprooting and imprisonment during World\nWar II of all Pacific Coast residents of Japanese ancestry is\ngenerally recognized by historians as one of the darkest chapters\nin American history. It is disturbing to note that, despite the\npassage of over 30 years, former President Franklin D. Roosevelt's\ninfamous Executive Order 9066 which authorized the perpetration\nof that outrage against innocent Japanese Americans still remains\nin effect as one of the laws of our nation. By any standard of\ncommon sense or reason, revocation of that order has long been\noverdue.\nAs a part of the Bicentennial Celebration of the founding of our\nnation, an announcement by you rescinding that order would help to\nremove some of the tarnish on the record of America's treatment of\nits non-white minorities.\nThe significance of such an announcement would probably be enhanced\nif it could be made on February 19, 1976, on the 34th anniversary\nof the issuance of the order.\nRespectfully yours,\nFORD\nGERALD\nWilliam Kashiwagi, President\nFlorin Chapter\nJapanese American Citizen League\nWYK/jh\nCC: Mrs. Gwen Anderson\nDeputy Assistant to Counselor Hartmann\nWest Wing, Basement\nThe White House\nWashington, D.C. 20500\nMr. Dudley Chapman\nAssc. Counsel to the President\nThe White House\nWashington, D.C. 20500"
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