Evening star., 1943-06-21

|Upho|dsLega|ity
Of Jap Curfew
Unanimous Decision
Says West Coast
Order Is Needed
Earlier Story on Page Aid

held the right of the Govern
ment to impose a curfew on
American citizens of japanese
ancestry in time Of threatened
danger in the eight-State mill
tary zone of the Pacific Coast, as
a flfth-column control measure.
The unanimous decision, read by
Chief Justice Stone concluded the
courts work for this term and ad-
journment was taken until October.
Earlier, in So decision, the court
had ruled that membership in the
Communist party in 1927 was in
sufficient grounds for canceling the
citizenship of an alien. In this de-
cision, 1t was held that William
Schneiderman, Russian-born secre-
tary of the Communist party of CAL
ifornia, was entitled to retain the
citizenship which the Government
sought to revoke because of his Com
munist membership. The court,
however. refused to pass on the
controversial issue of whether the
Communist party advocates the
overthrow of this Government by
force and violence
Stone Reads Decision.
In the japanese case, the Chief
Justice said:
Like every military control of
the population of a dangerous zone
in war time, 1t necessarily involves
some infringement of individual lib
erty. just as does the police estab-
lishment of fire lines during a fire.
or the confinement of people to their
houses during an afraid alarm
neither of which could be thought
to be an infringement of constitu-
tional right.
Distinctions between citizens SOLE
ly because of their ancestry are by
their very nature odious to a free
people whose institutions are found
| ed upon the doctrine of equal
| ity.
I'VE may assume that these con-
siderations would be controlling here
were it not for the fact that the
danger of espionage and sabotage in
| time of war and of threatened in
vasion, calls upon the military au-
thorities to scrutinize every relevant
fact bearing on the loyalty of popu-
lations in the danger areas"
The court did not pass on point
that had been raised-namely. the
right of the Government to exclude
citizens from the military zone
which was set up by Maj. Gen. J. L.
Dewitt. commander of the area.
Student Challegened Order.
Presidential and military orders
providing for evacuation, and leg
islation putting teeth" in these
mandates were challenged by Cor
don Kiyoshi Hirabayashi. a senior
at the University of Washington.
who was given concurrent sentences
of three months for refusing to re-
port at civilian control station and
to heed the p.m.-6 am. curfew. As
a natural born citizen-his parents
were born in Japan-Hirabayashi
said the restrictions infringed his
liberty in violation of the Constitu-
ton.
He also contended that the curfew
restriction unconstitutionaly dis
eliminated between citizens of Japa-
nese ancestry and those of other
ancestry in violation of the fifth
| amendment. Since the sentences on
the two counts ran concurrently,
Justice Stone said, it was unneces-
sary to pass on the question OF
evacuation, once it was decided that
the student was subject to the cur
few order.
AS to the latter. the court said:
I'VE conclude that it was within
the lawful power of Congress and
| the executive arm of the Govern
ment to prescribe this curfew order
for the period under consideration
and that its PRONUNCIATION by the
military commander involved no un-
lawful delegation of legislative
power"
Special Conditions Cited.
Hirabayashi was resident Of
Seattle, which was included in the
curfew rule. The curfeW order was
promulgated three days after Con-
gress had enacted legislation pro-
lOl flOldllOIl Ol
any order of that nature. On that
basis. Justice Stone said, The con-
clusion is inescapable that Congress
by the act of March 81, had ratified
and confirmed the executive order
from which Gen. De Witt'e order
stemmed.
The actions taken must be ap-
praised in the light of the condi-
tions with which the President and
Congress were confronted in the
early months of 1912" he continued
| recalling the attack on Pearl Harbor
and the subsequent Japanese VIC
tories in the Pacific. He added:
That reasonably prudent men
charged with the responsibility of
our national defense had ample
ground for concluding that they
must face the danger of invasion,
take measures against it and in
making the choice of measures con-
slider our internal situation cannot
be doubted.
The challenged orders were de-
fense measures for the avowed pur-
pose of safeguarding the military
area in question at time of threat
ened air raids and invasion by the
japanese forces from the danger Of
sabotage and espionage.
| "As the curfew was made ap-
pdicable to citizens residing in the
area only if they. were of Japanese
ancestry our inquiry must be
whether in the light of all the facts
and circumstances there was any
substantial basis for the conclusion,
in which Congress and the military
commander united, that the curfew
(see COURT. Page 2-X.)