Department of Justice
Alien Enemy Control Unit
Washington

August 14, 1942.

Mr. Lewis Sigler
Assistant Solicitor
War Relocation Authority
Washington, D.C.

In the matter of the Application of Mitsuye Endo for a writ of habeas corpus

Dear Sir:

I am informed that in a conference between you and Mr. Glick of War Relocation Authority and Mr. Burling and Miss Dembitz of this office you were advised that the Solicitor General had decided that every effort should be made in the Endo case and in other similar cases to avoid any hearing or trial of the facts which make constitutional the Japanese evacuation and detention program, and to attempt to bring the case up to the appellate court on a bare record setting out merely the fact of the detention and the orders under which the detention is conducted. With respect to the general factual background which necessitated the evacuation and which determines the constitutionality of the program, the Government would then rely on the doctrine of Prentis v. Atlantic Coast Line, 211 U.S. 210, 227 (1908) that, "If the judge is bound to declare the law, he must also discover the facts that establish the law."

At this conference it was agreed that a memorandum of law should be prepared in this Department, exploring the relevant authorities, and it was further agreed that a copy of this memorandum would be furnished to your office. Accordingly, I enclose a copy of this memorandum herewith.

Very truly yours,

Edward J. Ennis
Director