Supreme Court Upholds Curfew Regulations. Yasui and Hirabayashi Must Serve Sentences

WASHINGTON, June 21.--Military regulations imposing West Coast curfew on all persons of Japanese ancestry and excluding them from specified areas were held as constitutional in a decision given today by the Supreme Court.

The opinion was given by Chief Justice Harlan Stone in the case in which two American-born persons of Japanese ancestry contended they were citizens of this country against whom restrictions could not constitutionally be applied.

The chief justice declared that "in a case of threatened danger requiring prompt action it is a choice between inflicting obviously needless hardship on the many or sitting passive and unresisting in the presence of the threat."

"We think," Stone said, "that constitutional government, in time of war, is not so powerless and does not compel so hard a choice if those charged with the responsibility for our national defense have reasonable ground for believing that the threat is real."

"The challenged orders were defense measures for the avowed purpose of safeguarding military area in question, at a time of threatened air raids and invasion by the Japanese forces, from the danger of sabotage and espionage.

"The military commander's appraisal of facts in the light of the authorized standard, and the inferences which he drew from these facts, involved the exercise

(Continued on page 2)

Navy School Accomplishes Teaching Job. Director Visits Hunt, Seeks Qualified Men to Augment Faculty

Minneapolis Friendliest City in U.S., Visiting Camp Savage Soldiers Agree

Pvt. Hiroshi Nakashima is Assigned to Special Study at Pomona College

11-year-old Youth Victim of Treacherous Canal Current

Internee Family Reunions Delayed

Merrill Takes Trip to Secure Materials for Staff Housing

Ready to Serve Sentences, Aver Curfew Violators

Regrets Decision

Why Relocate?

Chief Justice Stone Declares Evacuation Military Necessity (Cont.)

(Continued from Page 1)

of his informed judgment. But as we have seen, those facts, and the inferences which could be rationally drawn from them, support the judgment of the military commander, that the danger of espionage and sabotage to our military resources was imminent, and that the curfew order was an appropriate order to meet it."

While the court's opinion was unanimous in ruling a military commander may adopt such a measure to safeguard against sabotage in endangered sections. Justice Murphy cautioned that it went "to the brink of constitutional power" and Justice Douglas asserted the decision, as far as he was concerned, was on the "narrow grounds."

Challenging the regulations were Minoru Yasui of Portland, Oregon, a graduate of the University of Oregon, and Gordon Kiyoshi Hirabayashi of Seattle, a senior at the University of Washington, at the time of his arrest. Yasui was sentenced to one year's imprisonment and fined $5,000 for violating the curfew regulation. Hirabayashi was sentenced to three months' imprisonment for violating the curfew regulation and for failing to report to an evacuation center.

Approximately 70,000 American citizens of Japanese ancestry were said to have been evacuted from their homes under the orders.

Referring to the case of Yasui who received a sentence of one year imprisonment and a $5000 fine, Stone ordered that he be re-sentenced. Stone said the question of Yasui surrendering his citizenship should not have been brought up in the present proceedings, and that a new sentence should be imposed on him in that light.

A.L. Wirin, Los Angeles attorney for Yasui, told the Supreme Court that "racial prejudice" on the part of Lieut. Gen. John L. DeWitt, in charge of the Western Defense Command, was responsible for the regulations.

The government spokesman, Solicitor-General Charles Fahy, denied this and said the restrictions were imposed because of military necessity following the Pearl Harbor disaster.

"It was imperative that those charged with the defense of our shores take adequate protective measures against a possible invasion and against potential saboteurs and fifth-columnists."

Yasui and Hirabayashi were convicted in separate federal district courts of violating an act of Congress passed March 21, 1942, which makes it a misdemeanor for anyone to violate restrictions imposed by a military commander on movements within a military zone.

President Roosevelt, on February 19, 1942, had issued an executive order authorizing the Secretary of War and military commanders to exclude "any and all persons" from military zones if that action should be deemed necessary.

The curfew restriction, requiring all persons of Japanese ancestry to remain in their homes between 8 p.m. and 6 a.m., was imposed on March 24 and the exclusion orders came a few weeks later.

Guests Must Bring Ration Books -- OPA

So-long, Chief, and Good Luck!!

Bishop Dagwell of Oregon Visits

Drivers Cautioned as Grade Pupils Start Vacation

Investigation Begun by Spanish Consul

Seek to Review Loyalty Record of Every Nisei

Prisoner's Camp Planned 25 Miles from this Center

35 Workers Return to Manzanar Center

Two Nisei Attend NICC Conference

Volunteers Rout First Brush Fire

First Contingent Leaves for Savage to Start Classes

Nisei in Hawaii Give $10,000 for 'Bombs on Tokyo'

Irrigation Workers Needed Immediately

Three More Leave for Outside Study

Co-op Theaters

From Hilo to Gila and a Job in Elgin

Fire Razes Five Buildings, Sheds at Santa Fe Camp

Sgt. Matsui Seeks More Men for Language Study

Church Vacation Schools to Start

Oberlin Finds No Cause to Regret Admitting Nisei

New Hearing Board Reviews All Leave Stop Orders

Store to Open in Ad Area Soon

Opening of Fish Market Held Up

The Minidoka Irrigator Staff

Needed: An About-Face Attitude

A Place for the Qualified

A Grim Reminder

And So, Farewell

United Nations Facts

A Coast Problem

Against Discrimination

Why Relocate? (Cont.)

Leaving?

Feminidoka

Visits Project

Weddings

Engagements

The Ten Thousand

'Boys in Uniform' Honored at First Hunt USO, Parent-Soldier Gathering

Students Vote Ninomiya to Lead School Activities

Cooling System to be Installed in 'Movie' Halls

Dr. Boardman Due Here from Topaz

Holder Reg. Mail 3203!

Friendliest City -- Minneapolis (Cont.)

Boy Scouts Hold Court of Honor Thursday Night

Weather Report

Restrictions on Short Term Leaves Revealed

Drafting Classes to Start Monday

Nurses Aides Arrive

Vital Statistics

Moving of Offices to Block 22 Nearly Completed

Advice to Evacuees Who are Leaving (Cont.)

Kumagai's Masterful Relief Hurling Leads to 22-6 Win. Hunt Trounces Rupert for Third Straight; Mamiya's Homer with Bases Loaded Highlights

Box Score

Hunt M.P.'s Chalk Up Initial Win Over Eden, 13-10

Hunt All-Stars Travel to Tackle Strengthened Jerome Team Sunday

Evacu-Ways

Procedure Given For Re-induction Into Project

Funeral Announcement

In Appreciation

Paul Y. Abe, Nisei, Faces Expulsion From Washington

Classified Ads

Sunday Church Activities