Densho Digital Archive - Gus J. Solomon Interview (denshovh-sgus-01-0001)

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Q: Judge, how did you get involved with the Yasui case and what was your stance?

GS: Well, I didn't know Mr. Yasui, but Judge Fee, James Alger Fee was the judge in the case and he called, a member of his staff called my office and invited me to appear as amicus curiae, as friend of the court. And I was told that there would be a group of distinguished lawyers who were also being invited to appear amicus curiae. And that's how I happened to get into the case. Judge Fee knew that I was interested in civil rights; I had represented the American Civil Liberties Union and I was concerned about minority rights. And that's how I happened to be appointed.

Q: What was your opinion of Mr. Yasui and what he had done? What was your stance regarding...

GS: When he was first indicted?

Q: Yes.

GS: Well, I didn't know too much about him, but I had heard that he voluntarily turned himself into the police because he wanted to test the constitutionality of the act. And I thought that that was a very commendable thing for him to do and I thought that that was something that was necessary in order to test the constitutionality.

Q: What was your stance though about the Yasui case, the brief that you had filed? What did you say?

GS: I met with the other lawyers who were amicus curiae, and I expressed the view that the act was unconstitutional. And I thought that we ought to go in as a group and tell the court that we thought it was unconstitutional. Well, I found that I was the only one who was of that opinion. Every other lawyer thought that the Executive Order 9066 was within the power of the military and the power of the legislative branches of the government, or the executive branches.

Q: What was your involvement with the ACLU and the Yasui case?

GS: Well, I helped organize the ACLU some six or seven years before that time. And I had handled one of the big cases that they had, in which they had participated, and, well, I was interested in their civil rights program. I don't exactly know what you want.

Q: Okay. With the Yasui case, were you involved --

GS: Well, then when I was asked by Judge Fee's office to participate, I called the New York office of the ACLU and told them what I was going to do and asked them if they would help me submit a brief. I was told that they would take it under consideration and that would let me know. They never did call me. And I didn't know why they didn't call me until much later when I learned that there was a conflict among the board, that some of the people wanted to participate and others were opposed to the participation. And so as far as the ACLU was concerned, they did not participate in this case for at least three years. Now, I did get a call from the ACLU in 1944, and they told me that there was a young man from the 442nd who was, who had lost his arms and I believe his legs in fighting in Italy. They asked me if I wouldn't represent him because he wanted to come back to Oregon and he thought to test the constitutionality of the act at that time. Now in the meantime, the case had gone to the Supreme Court of the United States and I noticed that Osmond Frankel, who was a great civil liberties lawyer in New York, had participated to some extent in the case before the Supreme Court of the United States.