Evening star., 1943-08-27

Over Army's Control
May Reach President
By the Associated Press.
General expectations here today
were that the issue of suspension
of the writ of habeas corpus in
Hawaii may be brought to the
President or even fought up to the
Supreme Court-unless executive
departments reach a settlement
agreeable to the Territory's civilian
authorities.
A series Of conferences among the
War. Interior and Justice Depart
ments began last week and ofYicials
OF the three agencies said yesterday
they would continue until some So
solution is reached.
In any event, the outcome of the
dispute is expected to set precedents
for military civilian relations in
American areas which come under
enemy attack or become subject tc
such attack.
Army Backs Richardson.
The dispute itself reached q
climax in Honolulu Wednesday with
Federal Judge Delbert Metzger',
imposition OF $1,000 fine on 1t
Gen. Robert c. Richardson, jr., ano
the Army's prompt issuance of re-
strictions to prevent enforcement OF
the judges order.
Gen. Richardson's stand was
backed up by the War Department
which issued this statement here:
Refusal of 1t. Gen. Robert C
Richardson to submit broad dues.
tions Of Hawaiian defense to the
decision Of Federal court in the
test cases brought to put an end t.
martial law today, has War Depart
ment approval"
In separate statement, John L
McCloy, Acting Secretary of War
contended that Judge Metzgel
Enormously construed" the return
of some governmental functions tc
the civil administration as ending
martial law. He added:
conferences are now in progress
which, it is hoped, will shortly result
In solution of the difficulty"
Habeas Corpus Involved.
Involved in the issue is whethe,
the writ of habeas corpus, by which
the Bill of Rights guarantees a mar
his day in civilian courts, remain.
suspended under partial martha
law, thereby giving military author.
tiles the right to hold prisoner.
without trial.
With the japanese bombing o.
Hawaii, the territory was placee
under military government which
civilian officials there contended
delved so deeply into the mos
ordinary civilian activities as te
jeopardize the very freedoms fol
which the United States is fighting
They asserted that prior to partia
restoration of civilian authorit,
early this year freedom of the pres!
In Hawaii had vanished, that labol
had lost its traditional rights, tina
trial by jury had disappeared ane
That justice was meted out through
provost courts.
Territorial officials contendec
further that the Army had assumed
control over the personal life o.
every one in the islands-includins
his dog-they pointed to the mill.
tary governors order setting a cur
few for dogs at 8 o'clock as proof
Military Was Dominant.
The military government, they
said, had issued regulations COW
ering press, labor, courts, both civil
and criminal; municipal affairs, op-
Grafton of taxicabs. garbage dis
posal, hospitals, transportation and
growing OF vegetables. numbering
OF houses, dispensing of liquor
civilian defense, public health
prisons, insane asylums, price and
rationing control and sale of gaso-
line.
This was the situation in Hawaii
when It's governor, Ingram M. Stain
back, came to Washington last De-
cember to seek restoration Of DOW
erS to civilian authorities.
After weeks of conferences be-
tween officials of Interior, Justice
and War Departments, an arrange
ment was agreed on by which 1S
powers were restored to civilian
authorities, but the writ of habeas
corpus was to remain suspended and
martial law was to remain in effect.
But, despite this agreement, Judge
Metzger ruled that If the jurisdic-
ton OF the courts was restored in
part, 1t must be restored in full, in
cluding the right to grant a writ of
habeas corpus.
Held Two Citizens.
He ordered that Gen. Richardson
bring into court two American citi-
zens OF German ancestry who alleg-
edly have been held incommunicado
by the Army since shortly after the
Pearl Harbor attack.
One man, Edwin r. Seifert, says
he Is charged with anti-Semitism
The other, Walter Ilockner, says
the Army charges ! gave the Hitler
salute in 1888 AM, invited friends
onto a visiting German boat.
Gen. Richardson's refusal to obey
fine for contempt ad his order pre-