Title: Excerpts from an FBI report on the Fair Play Committee, (denshopd-i67-00074)
Densho ID: denshopd-i67-00074

FEDERAL BUREAU OF INVESTIGATION

Form No. 1
File No. 14-52
This Case Originated at DENVER, COLORADO
Date When Made 4-24-44
Period For Which Made 2-22; 23, 24; 3-4, 5, 7, 8, 24; 4-3, 8, 9, 10, 11, 13-44
Report Made By HARRY W. McMILLEN
Character of Case: SEDITION

FAIR PLAY COMMITTEE; KIYOSHI OKAMOTO; PAUL TAKEO NAKADATE; BEN WAKAYE; KEN YANAGI; FRANK SEICHI EMI; MINORU TAMESA; SAM HORINO

SYNOPSIS OF FACTS: Subject organization originated by KIYOSHI OKAMOTO latter part of 1943, at Heart Mountain Relocation Center, Heart Mountain, Wyoming, apparent purpose being championship of nisei rights in general. Upon announcement in January, 1944, that nisei would be accepted by U.S. Army, the organization, with subject NAKADATE assisting OKAMOTO, took up alleged discriminatory act of drafting nisei under present conditions contending that prior to taking nisei into army there should be a clarification of the citizenship status of such evacuees. Many meetings held in the center throughout February and March. Organization thus grew in numbers and importance in the community life. Other named subjects are officers and members of steering committee of the organization. On three different occasions mimeographed circulars distributed in the center, last one taking stand of refusing to go to army before clarification of rights. Such circulars headed with words "Fair Play Committee" and signed by an individual. To date authorship by person of such bulletin unknown. Fifty three nisei failed to report for pre-induction physical examination at center during March and USA Cheyenne authorized complaint and warrant under SS Act. During interview with such delinquents majority admitted membership in subject organization but denied being influenced to not report. However, apparent connection between such failures and activities of the committee.

DETAILS: This report is predicated on different items of information submitted to the writer by WRA authorities at the Heart Mountain Relocation Center, Heart Mountain, Wyoming. Such information tended to show that an organization of evacuees in the Center called the "Fair Play Committee," sought and is seeking to prevent the operation of the Selective Service Act as it applies to nisei, American-born individuals of Japanese ancestry. In this connection it may be noted that the United States Army changed its position concerning the acceptability of nisei with an announcement of January 20, 1944. With reference to the Heart Mountain Center, a volume of sentiment arose pro and con among the evacuees with this change. In order to furnish a broad basis of background information relative to the Fair Play Committee, portions of a report pre

pared by Mr. A.T. HANSEN, Community Analyst at the Center, for Mr. DILLON S. MYER, Director of WRA at Washington, D.C., are being quoted hereinafter. Mr. HANSEN customarily writes a weekly report covering various phases of the community life of the Center giving an analytical survey of causes and effects. The summary report for Mr. MYER is a digest of such weekly analyses, which, for the above period, were almost entirely concerned with the reaction of Selective Service on the Nisei of the Center as the draft was the dominant topic of the community life. The following documentary material was obtained by the writer and Special Agent ROBERT G. LAWRENCE.

"This is not meant to be a complete statement. The Community Analyst was new on the job and he hesitated to show an active interest in the subject. The response of the residents was so intense and included enough hostile reactions that he felt his future usefulness might be impaired if it were known he was investigating selective service. The following report is what he was able to observe unobtrusively and will give some idea of what has been happening at Heart Mountain. The period covered is from January 21 to March 3, with a postscript added to bring the account to March 15.

"January 21 to February 4-5.

"The announcement that selective service had been opened to the nisei did not produce a strong reaction of any kind at first. It seems to have been taken largely as a statement of intent. It was something that lay in the future, something not quite concrete or real. There was some discussion, some wondering and questioning, but the response was notably mild compared to what happened later when notices from draft boards began to arrive in the community...........

"February 4-5 to 14-15.

"About February 4-5 the first notices of reclassification and orders to report for physical examination arrived. The news spread rapidly. Selective Service suddenly became close, real, and certain. Soon it was almost the only subject of conversation. Responses were extremely varied. No method of classifying them is very satisfactory, and any statement as to how general the different reactions were must be impressionistic. Earlier there had been a great deal of joking about the draft among young fellows. This declined. It was a serious matter now and grew more serious....................

"Other reactions dealt not with questions of individual and family security but with questions of the justice and fairness of

selective service as it affected evacuees. The emphasis here was ideological rather than practical. In this field three points of view emerged that can be defined roughly. A very few persons adopted what may be termed the 'official' viewpoint. That is, that the opening of selective service, even with its discriminatory features, was an important and desirable step in the right direction; that it should be accepted without protest or objection; and that the problem of removing the discriminations should be left for the future. At the other extreme was a group that took the stand that the Government had no right to demand military service of nisei until all of the injustices of evacuation had been erased. Some of the leaders urged prospective draftees to refuse induction until justice had been done. This, too, was a minority, a very small one if we include only those who were solidly behind the idea and willing to support it in action. Many more people were sympathetic in that this program represented their feelings, but they doubted its feasibility and hesitated to 'stick their necks out'. Between these extremes was perhaps the majority of the residents. They considered selective service as announced unfair to evacuees. They wanted to protest but could see no way to make their protests effective. So they felt frustrated and unhappy and griped to each other vigorously and frequently while, at the same time, they anticipated following the orders of the Government because to do anything else would expose them to punishment and stir up more anti-Japanese prejudice in the already prejudiced outside................

"All that has been said to this point applies especially to the first few days following February 4-5. Through the rest of the period to the 15th, several things happened:

"(1) Discussion increased and feeling grew more intense steadily. People often began to talk calmly and ended in a heated exchange of opinions. They started the next discussion more stirred up and finished it still more excited. This process went on all over the center day after day.

"(2) The content of the discussions became more standardized or stereotyped. People's ideas were becoming organized. There was decreasing concern with the varied practical individual and family problems that selective service would create and more concern with the injustice being done evacuees as a whole. Personal anxieties were gradually merged with collective anxieties and were at least partially resolved by collective rationalizations.

"(3) Opposition to the draft became stronger and more widespread. The most tangible and purposeful expression of this was an

organization, the Fair Play Committee. It had existed, at least in name, for some time before to champion the rights of evacuees, but it had little importance and few members. Its chief leader stood in low esteem among the residents generally. (Agent's note: Reference is made to KIYOSHI OKAMOTO.) In more tranquil times, they considered him over-radical, unreasonable, irresponsible, and verbose. Now, the Committee took up the draft and this leader soon had a following. Although there may have been gatherings earlier, the first well-attended meeting occurred in the evening of February 8 in one of the mess halls. Other meetings followed almost nightly in different parts of the camp. The analyst was unable to find out directly or through his evacuee assistant how invitations were issued or just what went on. Even evacuees who were known not to agree with the Committee's program were unwelcome. This much is fairly well verified: The Committee sought members actively at a fee of two dollars each in order to build up a fund. The position assumed was that nisei should refuse to be drafted until all discrimination and special treatment were eliminated. The idea at first (the strategy appears to have been changed later) was to get a test case by having someone not report when called and to fight the case through the courts for the purpose of establishing the illegality of evacuation and all that has gone with it. The only indication the analyst has of the kind of exhortations heard by those who attended the meetings are a few approximately verbatum [verbatim] fragments reported from the speech of the leader mentioned above in a block meeting: 'The committee does not want to do anything contrary to the law. But we are guaranteed freedom of speech by the Constitution and we want to present all sides of the question.' And later on, 'Any nisei who reports for physical examination or induction is worse than Benedict Arnold; he is a traitor to the nisei cause'. He had another angle in which he compared the relocation camp with prison, in which the prison was presented as preferable. When one gets leave from a relocation camp, he receives his railway fee and $25; a prison gives a person all of this and a suit of clothes to boot.

"how many persons actually joined and paid their money is not known. The figure 200 was mentioned. And when one of the leaders later appeared before the Community Council seeking support for the Committee's program, he claimed 'several hundred'.

"Opposition to the draft was much wider than this organized manifestation. Many who considered the Committee's position extreme and condemned its program as inexpedient and dangerous nevertheless felt a strong sense of resentment. They expressed their feelings in verbal attacks on the draft policy, evacuation, and the unfair and unhappy state of things in general. Of course not everyone felt this way, but it was

the prevailing sentiment of the camp. Persons who earlier had been dissatisfied but disposed to view the situation philosophically were caught in the wave of oppositionist sentiment. They lost their objective calm and participated in the emotional negativism and rebellion of their fellows.

"It may be added that in the resistance to and resentment of the draft there were two points of view. Everyone ostensibly opposed selective service on the grounds that it was unfair only because of its discriminatory aspects. This was a sincere expression of the attitudes of some people; if nisei were treated as other Americans and if issei were dealt with in the same way as other enemy aliens, they would accept the draft without question. Other evacuees were opposed to the draft, period. References to discrimination served them only as convenient and, they hoped, convincing rationalizations. They would have been content to have nisei keep their 4-C classifications and let the war go on without them. Among people who felt thus, there were those who thought that if they talked of discrimination vigorously enough, the Government might decide to abandon the program of applying selective service to nisei. Of course, it is impossible even to suggest how individuals were divided between these two points of view in terms of numbers. Many persons probably did not know what their own real wishes and hopes were.

"(4) The line between those who felt and expressed opposition to the draft and those who continued to think that it should be accepted and responded to willingly grew sharper. Persons who persisted in the latter view came to sense that they were in the minority and that the majority was increasingly critical and even hostile to them. An individual who made some pro-draft remarks in a meeting of the Fair Play Committee was almost shouted down. Arguments in favor of accepting selective service were heard less often in the camp as people holding this position became more cautious in airing their opinions. Only in very private conversations, where group pressure would not be evoked, did such persons continue to talk and to inject their point of view into thinking of the community..........

"(5) The thinking of people became increasingly 'Heart-Mountain-Community-centered' and 'evacuee-centered'. About all they heard were their own arguments and discussions. Their faces were toward each other; their backs toward the rest of the country and the Government. They tended to lose touch with larger reality, to half-forget that the machinery of selective service was grinding on inexorably. Their opinions, reiterated and reenforced [reinforced] constantly, seemed so utterly reasonable and correct that they ought to make some difference. It was almost as if they believed that, if they felt hard

enough and talked hard enough, the operations of selective service would somehow stop or be modified in the direction of their wishes.

"February 14-15 to 21-22.

"This was a period of hyperexcitability that reached its peak between Friday, the 18th, and Monday, the 21st. Even before this, a few rumors were born, spread, and died.............

"The more significant actual events of the week include:

"Monday, the 14th, a lawyer from Denver visited the Project at the invitation of the Fair Play Committee and met with the Committee that night. (Agent's note: Reference is made to Attorney SAMUEL D. MENIN, E & C Building, Denver, Colorado.) The object was to obtain some advice in concrete terms on what sort of case one who failed to respond to a selective service order could make. It is reported that the lawyer gave them no encouragement.

"A block manager prevented the Fair Play Committee from holding a meeting in his block. The analyst did not hear of any meetings of the Committee after Monday, the 14th, though it is probable that there were some.

"Saturday, the 19th, the Community Council appointed a committee of six members to study the problems raised by selective service. News of action by Community Councils in other relocation centers was the probable stimulus to this step. It is doubtful whether the Council would have done anything except for this outside influence.

"February 21-22 to March 3.

"Public excitement regarding the draft tended to subside somewhat. Feeling remained deep, intense, and community wide, but it was less fervid than in the period just discussed. It seemed that many residents had reached a condition of partial emotional exhaustion. Most of the factors which had produced the extreme response earlier were still operating. People continued to react, but their reaction was subdued by weariness. It may be, also, that arrests in other centers introduced a note of grim realism, caused people to pause and re-examine their attitude, and induced them to be somewhat less open in expressing their antagonism to selective service.

"The following chronology will summarize the developments during the period:

"Monday, 21st. The draft was the subject of discussion in most, probably all, block meetings. Attendance in one block was more than double that of an average meetings, and included about twenty-five nisei. This was unusual. According to the block manager, he is often the only nisei present. A similar situation seems to have held in other meetings.

"Tuesday, 22nd. A representative of the Fair Play Committee appeared before the Community Council to ask the Council to sponsor its program. The Council replied that it had a committee of its own studying the question but offered to consider a memorandum from the Fair Play Committee if it were presented in writing in proper form. The action was meant and accepted as a polite rejection..............

"The news of the arrest for sedition of a man at Poston in connection with selective service agitation arrived, though it seems not to have reached the community 'grapevine' until the next day.

"Wednesday, 23rd. The news of the arrest of five boys at Granada for failing to respond to selective service orders was broadcast over the radio early in the morning.

"Thursday, 24th. The Fair Play Committee distributed a mimeographed circular in English and Japanese throughout the community. This was the first written evidence of the existence of the Committee. (Agent's note: The content of this publication will be set out in a separate part of this report.) It needled the Community Council for its inaction and called attention to Topaz and Rohwer where the Councils are 'genuinely interested in clarifying the draft issue'; it suggested that such action as the Community Council Committee contemplated was just to 'save face'; it asserted that JACL and 'many nisei writers' would like the Fair Play Committee to shut up, accused them of 'employing moral intimidations via propaganda, the FBI, etc.', and claimed the right to freedom of expression.............

"Sunday, 27th. Seventeen men departed for their physical examinations in Cheyenne. There were no failures to report. The day before there were rumors that 25 and, again, that 57 persons were supposed to go.

"A meeting of parents was called by the Fair Play Committee for Sunday afternoon. This time announcements were made in the mess halls. No information on the content of the discussion.

"Monday, 28th. The draft was again the subject of discussion in well-attended block meetings throughout the community...

"Wednesday, March 1st. ........ Another Fair Play Committee mimeographed bulletin was distributed. This one contained a series of questions and answers setting forth the Committee's nature and purpose. (Agent's note: This publication will also be set out in another part of the report.) .............

"A day or two before this appeared, the analyst was told by persons not connected with the Fair Play Committee that there had been a dispute among its leaders, that the group had a new policy. This policy was to do everything short of open violation of the draft law--appealing and re-appealing classifications to the limit and writing Attorney General Biddle and other officials. Except for the statement regarding full restoration of rights 'before being drafted', this circular seemed to bear out the information from the other sources.

"Friday, Feb. 3rd. The Community Council received from mimeographer copies of two petitions to the President of the United States which had been prepared by its Selective Service Committee. The one was to be signed by nisei; the other by issei. The first follows:

"PETITION

"TO: The President of the United States of America White House, Washington, D.C.

"FROM: American Citizens of Japanese ancestry at Heart Mountain Relocation Center, Wyoming

"SUBJECT: Restoration of Rights to American Citizens of Japanese Ancestry.

"Dear Mr. President:

"We, the American citizens of Japanese ancestry at Heart Mountain Relocation Center, are in complete accord with the decision of the War Department, that we are to be inducted into the army through the Selective Service, and hail it as significant recognition of our loyalty, and as a big step toward the application of American principles in the treatment of minority groups.

"However, since the evacuation, the treatment accorded us, was far short of dignity and consideration as should be given American citizens.

"We doubt, whether or not you are aware that we have been, for almost two years, behind a barbed wire fence, with our little

sisters and brothers and elderly parents, under the strict guard of Military Police, which gives it the resemblance of a concentration camp. The spiritual shock and physical hardships caused by the evacuation have been the greatest in our lives. We are not charged with any crime or accused of disloyalty, the only crime being, we are people of Japanese ancestry.

"We never lost faity [faith] in America in the long confinement here, but kept faity [faith] in your immortal words, 'Americanism is a matter of the mind and heart; Americanism is not, and never was, a matter of race or ancestry.'

"We took the only way that any good American would take in this predicament, that was to co-operate with the war effort in whatever was assigned to citizens. Finally the time came when we were given the same chance as the majority of other Americans, to serve our country.

"Many of us may be called any day, many of us may not return until victory is won, and some of us may never return.

"With this thought in our minds, we appeal to you to give your careful consideration and cooperation to the following petition, and rightfully demand, which we hereby set forth.

"1. UNIVERSAL APPLICATION OF THE DRAFT.

When the volunteers of the Japanese American combat team were inducted, the reasons given were, it has a distinct and very definite advantage, and the value of bringing the Japanese American question to the American public, and to establish their position as loyal American citizens, the adoption of Selective Service met with this requirement. Any further segregation from other Americans is unnecessary and undesirable, as it is much against our wishes to be segregated at all.

"2. INDUCTION INTO OTHER BRANCHES.

That we shall be permitted to be assigned to any service branch, such as the air-force, coast guard, and navy as well as the army.

"3. RETURN TO THE WEST COAST.

Although the decision rests with the War Department, we firmly believe, the reasons for evacuation, which existed two years ago, do not exist any more, except the political pressure

group, prompted by prejudice and selfishness for promoting agitation. It is our primary conviction, that until we are allowed to return to our original homes and business, our citizenship rights, are not, and will not have been restored as American citizens.

"4. GOVERNMENT AID TO ABOLISH ANTI-JAPANESE PROPAGANDA.

We believe that Americanism faces the supreme test, both at war and on the home front. The enemies of Americanism within, are those sinister forces with selfish motives, under the guise of patriotism, who tread upon the rights of minority groups, who work through radio, movies, and the unscrupulous press. This condition is rampant on the Pacific Coast. The Government should counteract with firm measures.

"5. FULL RESTORATION OF OUR CIVIL AND INALIENABLE RIGHTS.

As in the case of Civil Service and other rights, which they were deprived of by City, State and National Government.

"6. ACCORD THE SAME TREATMENT TO JAPANESE AMERICAN SOLDIERS AS OTHER AMERICANS.

Discrimination actually exists in all Army camps and Armed Force. We request that no distinction shall be made to them in any service and that they be promoted according to their ability.

"7. PROTECTION OF FAMILIES IN WAR RELOCATION CENTERS.

Continued protection after their re-settlement and assurance of this, in the form of an announcement by the War Department through the press and radio.

"We are requesting the restoration of our inalienable civil rights, accorded other Americans, which we firmly believe, is our right, guaranteed by our Constitution. When this hope of ours is fulfilled, the heroes of the 100th Battalion Combat Team of Japanese ancestry, who perished on the battlefield in Italy and elsewhere, shall not have died in vain.

With these firm convictions, we hereby present our petition for your esteemed consideration.

Dated this 28th day of February, 1944
Heart Mountain Relocation Center
Heart Mountain, Wyoming

The writer was given two copies each of these three publications by the WRA Staff at Heart Mountain. The copies were obtained by the WRA authorities after their distribution around the camp. They are all being placed in the exhibit file of the Denver Office for possible future use. It may be also noted that the first of the circulars was printed of course in the English language. A message in the Japanese language was printed on the reverse side of each of the three circulars. A translation has been secured of these Japanese messages, the translation having been done by T. KIMOTO and dictated to and typed by a Mrs. LOUISE BOTTRELL, Secretary for Mr. DOUGLAS M. TODD, Assistant Director of the Heart Mountain Center. The Japanese translation will be placed beneath the English portion of the circular. It should be noted that none of the circulars were dated, however in order to distinguish them the date of distribution in the camp has been used by the writer.

"2/24/44

"FAIR PLAY COMMITTEE
'One for all - All for one'

"The Fair Play Committee was organized for the purpose of opposing all unfair practices that violates the Constitutional rights of the people as guaranteed and set forth in our United States Constitution regardless if such practices occur within our present concentration camp, the state, territory or Union. It has come out strongly in recent weeks in regards to the discriminatory features of the new selective service program as it applies to the Japanese American nationals despite the loud and idealistic claims of nisei editors.

"The Committee calls to your attention to the Community Council of Topaz and Rowher which is genuinely interested in clarifying the draft issue to its people. WHAT HAS YOUR COMMUNITY COUNCIL DONE? When asked by the army or through the WRA of what we as a camp thought of the draft issue--refused to answer the army, neglected to ask how each block felt and instead decided among themselves not to reply nor follow up the matter. To a large extent the problem of the camp is also the peoples' fault. The people have failed to attend their own block meetings and take a genuine interest in its activities, but this does not necessarily excuse the council for not conveying messages to the people. We are not condemning the council. It is composed of all upright and respected men and whatever has been done is a mistake and done is a mistake and done unintentionally. Hereafter the people owes to the block council the interest in its own civic affairs and the council must reciprocate out of the same genuine interest. How much of this must reciprocate out of the same genuine interest. How much of this type of business has gone by is for the civic minded member to seek.

"The Community Council men has been prodded by Fair Play Members and attention was drawn to the importance of the issue. Last

week they have given the assignment after several sessions of finding out facts pertaining to draft. The Fair Play Committee appreciates this gesture on the part of the Community Council belated as it is. However it remains to be seen what the Council Committee can actually do whether it remains as a 'save face' gesture of creation or not.

"In any issue there are two or more sides to a question and the Fair Players believes in the right that all sides of an issue should be given in the formulation of opinion as long as what is said does not obstruct the law. Hitherto the peiole [people] have not been told of the other side of the picture. The Fair Play is out to give you that side which the Assistant Project Director and the JACL have not presented. The Fair Play does not believe with many nisei writers, however, believes that they have the freedom and right to express their opinion. The Fair Play will fight for them for that right and privilege of expression despite the fact that some of the writers would want some people to shut up. In unfair practices of anti-groups they would like the Fair Players to shut up by employing moral intimidations via propaganda, the FBI, etc. Those methods do not obstruct the ideals of this group. In this instance we take Confucius' saying: do not do unto others as you would not want others do unto you.

"AS OUR PUBLICATION IS LIMITED PLEASE PASS THIS COPY ON."

Translation of the Japanese:

"APPEAL TO THE SYMPATHY OF THIS ISSEI

"We are born in the free country of America and we have received the free education. You issei expect something big of us in the future and at the same time we have to repay the issei for what they have done for us. It is a very, very regretable [regrettable] thing that your mother country and our America started to fight. As you issei love your mother land, so we the neissi [nisei] love America in the same way. We are true American aliens and our living conditions are miserable. As you have the proud Japanese spirit, we have the proud guarantee of freedom, but at present we are not given the true freedom. The right of the citizen is disregarded and we have no guarantee of our lives. As we are a minority group, we are insulted and oppressed. We should consider carefully and calmly the claim of the true right, it is the way the true citizen should take? We the nissei [nisei] stand up for the benefit of the Japanese nationals, and we request your cooperation and help."

"3/1/44

"FAIR PLAY COMMITTEE
'one for all -- all for one'

"Questions and answers on the Fair Play Committee

Q. What's this Fair Play Committee about:

A: The Fair Play Committee (FPC) is organized to inject justice in all the problems pertaining to our evacuation, concentration, detention and pauperization without hearing or due process of law, and oppose all unfair practices within our center, State, or Union.

Q. How do you think it can do just that?

A. By educational process; the use of the press; thru the courts; or if the FPC cannot do it itself, it will work jointly with or thru outside organizations.

Q. Who can join this organization?

A. Citizens only.

Q. What has the FPC actually done and what is it doing now?

A. We have retained the service of a caucasian attorney, and have instructed him to write to Attorney General Biddle for a clarification of our rights as loyal American citizens and as the government has admitted their mistake for our evacuation, detention, concentration, etc; how is the government going to rectify those unconstitutional acts committed against us. Also, the FPC is giving the community, service to those who want to appeal their classification at Block 1-4-D. This location is temporary. No charge is being made.

Q. What does the FPC think is the right thing for any loyal American citizen to do in our present status?

A. The FPC believes that the first duty as loyal American citizens is to protect and uphold the Constitution of the United States. THE CORNERSTONE OF THIS INSTRUMENT OF OUR GOVERNMENT IS JUSTICE, LIBERTY, FREEDOM, AND THE PROTECTION OF HUMAN RIGHTS, AND THE DESECREATION OF ANY OF THESE AS A DIRECT ATTACK UPON THE FUNDAMENTALS THAT MOULDED OUR DEMOCRATIC INSTITUTION.

Q. Is this an objectors group?

A. No. It definitely is not an objectors group, but we would like to present both sides of this draft issue.

Q. What does the FPC think about this present draft program:

A. The FPC believes we have a right to ask that the discriminatory features in regards to this selective be abolished, our status be clarified, and a full restoration of our rights before being drafted. THIS ABSENCE OF A CLARIFICATION OF OUR STATUS, RESTORATION OF OUR RIGHTS, AND THE LIFTING OF DISCRIMINATORY RESTRICTION IS THE KEYSTONE OF OUR ATTITUDE TOWARDS THE PRESENT PROGRAM OF DRAFTING US FROM THIS CONCENTRATION CAMP.

Q. Why can't we contest the whole issue after the war?

A. Because if we know of a cause and a country worthy of our blood, then we need never feel ashamed to look the enemy in the eye. And by the granting of these it will not only liquidate the injustices of the past, but it will guarantee against any future inroads upon the Constitution and its principles. It will guarantee assurances to the other minorities who otherwise may face a similar fate in the future.

Q. Do you think that the FPC can succeed in its aims?

A. No guarantees can be made. But, this is the crucial test. If we are successful, it would have been worth every sacrifice we would have made for the right of Niseis and all minorities to enjoy the right and privileges accorded to them in the principles and ideals of the Constitution. To those of you whose heart, whose interests, and whose ideals are with us in these critical times, please lend us your support, morally and materially as this is the only way we can succeed in achieving our aims.

"OUR FINANCE COMMITTEE WILL BE AROUND FOR DONATIONS. ANY AMOUNT WILL APPRECIATED."

Translation of the Japanese:

"APPEAL TO ISSEI

"HOPE OF YOUR COOPERATION FOR THE BENEFIT OF THE JAPANESE RACE

"Liberty or Death! Of one of these we have a choice. In the present hour situation we do not hesitate to take death, but after acquiring the liberty we will die. That is the spirit of the Japanese race. Guarantee of freedom is the privilege which is given to us, but do we the nisei enjoy the same privileges and freedom as the other American citizens have? No, in the hour at hand we are denied those privileges. Should we then, on the other hand, fulfill those obligations that are asked of us?

Question: Where and by what plan are we the Japanese nisei assigned to the Army?

Answer: We should be assigned according to the instruction of the Army, but after training none of us nisei are assigned other than to the 100th battalion or the 442nd battalion.

Question: Can we the nisei serve in the Navy, the Marines the air forces or the armored forces?

Answer: We are assigned only to the army, but we are drafted as other Americans. We should be allowed to serve in any of the branches of the Army.

"The newspaper report of Sergeant Kuroki, who made a brilliant and meritous account on the battle front of Europe, is full of insults and damaging statements.

"Even in an emergency like this, the anti-Japanese movements like the land problem in the State of Colorado, take place. We cannot enjoy any of the privileges guaranteed by the law.

"Stand up, nisei. Fight for the claim of the true right. Our future is remote. We have to march on as free American citizens but we haven't much power intellectually or economically. We hope the issei will help us."

"3/4/44

"FAIR PLAY COMMITTEE
'one for all -- all for one'

"'no person shall be deprived of life, liberty, or property, without due process of law, nor private property be taken for public use without just compensation.' Article V Bill of Rights.

"'Neither slavery nor involuntary servitude, except as punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.' Article XIII Bill of R.

"We, the Nisei have been complacent and too inarticulate to the unconstitutional acts that we were subjected to. If ever there was a time or cause for decisive action, IT IS NOW!

"We, the members of the FPC are not afraid to go to war -- we are not afraid to risk our lives for our country. We would gladly sacrifice our lives to protect and uphold the principles and ideals of our country as set forth in the Constitution and the Bill of Rights, for on its inviolability depends the freedom, liberty, justice, and protection of all people including Japanese-Americans and all other minority groups. But have we been given such freedom, such liberty, such justice, such protection? No!! Without any hearings, without due process of law as guaranteed by the Constitution and Bill of Rights, without any charges filed against us, without any evidence of wrongdoing on our part, one hundred and ten thousand innocent people were kicked out of their homes, literally uprooted from where they have lived for the greater part of their life, and herded like dangerous criminals into concentration camps with barbed wire fence and military police guarding it, AND THEN, WITHOUT RECTIFICATION OF THE INJUSTICES COMMITTED AGAINST US NOR WITHOUT RESTORATION OF OUR RIGHTS AS GUARANTEED BY THE CONSTITUTION, WE ARE ORDERED TO JOIN THE ARMY THRU DISCRIMINATORY PROCEDURES INTO A SEGREGATED COMBAT UNIT! Is that the American way? NO! The FPC believes that unless such actions are exposed NOW, and steps taken to remedy such injustices and discriminations IMMEDIATELY, the future of all minorities and the future of this democratic nation is in danger.

"Thus, the members of the FPC unanimously decided at their last open meeting that until we are restored all our rights, all discriminatory features of the Selective Service abolished, and measures are taken to remedy the past injustices thru Judicial pronouncement or Congressional act, we feel that the present program of drafting us from this concentration camp is unjust, unconstitutional, and against all principles of civilized usage, therefore, WE MEMBERS OF THE FAIR PLAY COMMITTEE HEREBY REFUSE TO GO TO THE PHYSICAL EXAMINATION OR TO THE INDUCTION IF OR WHEN WE ARE CALLED IN ORDER TO CONTEST THE ISSUE.

"We are not being disloyal. We are not evading the draft. We are all loyal Americans fighting for JUSTICE AND DEMOCRACY RIGHT HERE AT HOME. So, restore our rights as such, rectify the injustices of evacuation, of the concentration, of the detention, and of the pauperization as such. In short, treat us in accordance with the principles of the Constitution.

"If what we are voicing is wrong, if what we ask is disloyal, if what we think is unpatriotic, then Abraham Lincoln, one of our greatest American Presidents was also guilty of such, for he said, 'If by the mere force of numbers a majority should deprive a minority of any Constitutional right, it might in a moral point of view justify a revolution.'

"Among the one thousand odd members of the Fair Play Committee, there are Nisei men over the draft age and Nisei girls who are not directly affected by the present Selective Service program, but who believe in the ideals and principles of our country, therefore are helping the FPC in our fight against injustice and discriminations.

"We hope that all persons whose ideals and interests are with us will do all they can to help us. We may have to engage in court actions, but as such actions require large sums of money, we do need financial support and when the time comes, we hope that you will back us up to the limit.

"ATTENTION MEMBERS! FAIR PLAY COMMITTEE MEETING SUNDAY, MARCH 5, 2:00 P.M. BLOCK 6-30 MESS. PARENTS, BROTHERS, SISTERS, AND FRIENDS INVITED."

Translation of the Japanese:

"HERE WE THE NISEI ARE!

"We published a pamphlet two times already and the reaction is very great and many people are giving us their cooperation and help so we make it clear as to our actions and our claim and appeal to you for continued cooperation and help.

"The position of this organization is for justice and fairness. We are dissatisfied with the policy of the Army regarding the selective service draft. If we are to be asked to fulfill a duty to the draft, give the nisei the same equal privilege and right as you give to the other Americans.

"This is our attitude, and we called an attorney in Denver, Mr. Samuel Menin and asked his advise [advice] as to how to make a test case regarding we the nisei who have no rights or guarantee of liberty, but still we have the duty to fulfill the call to armed services, and we wished to know if a test case could clarify the nisei status. And this test case must be a great one. So we appeal to you for your cooperation and help, economically and intellectually and in a few weeks we will send a man to your residence and ask for some help."

The known leaders of the Fair Play Committee are set out as follows: KIYOSHI OKAMOTO, PAUL TAKEO NAKADATE, BEN WAKAYE, KEN YANAGI, FRANK SEISHI EMI, MINORU TAMESA and SAM HORINO. The first two named have been the most prominent in the Center. For the most part the various meetings conducted by the Fair Play Committee have been chairmaned by these two individuals. The name of FRANK EMI has also been mentioned frequently. According to information established by Mr. GUY ROBERTSON, Director of the Center, the following positions were held by the above-named individuals: OKAMOTO, Chairman; NAKADATE, Vice-Chairman; BEN WAKAYE, Treasurer; KEN YANAGI, Secretary. The executive or steering committee of the organization is composed of the above four plus EMI, TAMESA, and HORINO.

On March 30, 1944, OKAMOTO and HORINO were transferred from the Heart Mountain Relocation Center to the Tule Lake Relocation Center in California by Mr. ROBERTSON.

As is well-known, the Tule Lake Center was designated in the latter part of 1943 as a place where evacuees of professed loyalty to Japan were to be segregated. Such Center also apparently includes in its population trouble makers of various types and varieties who had previously been living in one of the other eight Centers. In the instance mentioned above, Mr. ROBERTSON obtained the usual permission through WRA authorities in Washington, D.C., to send OKAMOTO to Tule Lake. OKAMOTO has been a rabble rouser at the Heart Mountain Center for quite some time. His name became rather prominent in the community life during the "registration" in February of 1943, during which time each evacuee was required to fill out a rather lengthy questionnaire which asked quite a number of pertinent questions concerning such evacuees' loyalty to the United States and similar questions. OKAMOTO [section omitted]

California or Denver, someplace -- and wanted some finances raised and I said, 'no, I can't do that but I will see what I can do.' The main thing was this, although I didn't tell him. Myself, I have a lot of money customers here and friends and if I raise the money for a private individual who is taking a trip out, naturally, if Mr. Okamoto should skip with it, I am holding the bag so late last year, after I came back from Tule Lake, I was thinking about getting a job here and incidently [incidentally] I got Mr. McFarlane's letter and it said, 'you will be on 60 day probation' and signed by Mr. Carroll. I went to see him and he said he didn't know a thing about it. I went to Mr. McFarlane and said I wanted a copy -- that Mr. Carroll didn't know anything about it. Mr. McFarlane said he did. I was assured who wrote it. I thought it was some kind of monkey business, a kind of bluff. So I had that letter and I was sitting down talking, it was a little after Christmas and somebody came in and I forget the name of the boys, I think one was Emi. Anyway the rest of the boys, I don't remember but they told me that Mr. Okamoto sent them over to me to get a Fair Play Committee started so I said, 'What's the fight about?' Well, this thing, if it is for the good of the camp, we might as well go into it. I showed them my letter and the funny things that's been attached so they started to organize but it was never stable. It always centered on Doi. So one day I told them, 'You want a Fair Play Committee. Let's get everybody who is interested in it. In the first place let's get Doi. He knows procedures. He knows what to do. I know Okamoto. He's a funny guy. We don't get along so keep me out if it.' I kept on paying dues and one time they put me in as chairman for three days and then the chairmanship went back to him. I decided I would do my part -- give readings and speeches and how, under this constitution you folks are living, what rights and privileges you have. And then this Council and their petition. We bombasted that. I don't bombast it for what was written in it but it was a matter of procedure. I'm very pat on procedure and it should have been brought to each block, sanctioned and then should be signed but they took it to each home. Mr. Nakashima gave me a retort which he have me in the Sentinel. If it is the real Sentinel, the guard of this camp, it should know what is going on, what's cooking. Reporters should have sharp eyes. So I spoke to one of the reporters and I said, 'I want to put this in the Sentinel.' He said, 'Oh, the WRA won't let us put that in'. So I put that in. I'm not
journalistic minded. That's how it has been going. I don't know what Mr. Okamoto's been doing lately but I see that the Fair Play Committee is moving but don't know.

Horn: What is the purpose?

Nakadate: Everyone understands it to be -- for instance, you are denied just procedure in this camp -- to bear pressures.

Horn: What do you mean by that?

Nakadate: Well, labor relations -- why can't we go to the Railroad instead of indefinites and the matter of messhall food. To tell you the truth though, I think the food is a little on the skimpy side. They eat it. They don't negotiate very much. One thing the Fair Play Committee lacks is taste probably due to leadership but by rights I think they should have come to the administrative group, if they didn't want to go to the Council.

Robertson: Do they accept dues?

Nakadate: Yes, they were.

Robertson: What do they do with that money?

Nakadate: I guess they spent it on the attorney in the very beginning.

Robertson: Are they still accepting dues?

Nakadate: No, it doesn't seem to be doing anything. Seems to be a one man outfit again.

Robertson: Do they have a treasurer?

Nakadate: Yes.

Robertson: What is his name:

Nakadate: Nakaye.

Robertson: Do you know where he lives?

Nakadate: No.

Robertson: Do you know whether Okamoto had any of this money when he left?

Nakadate: I don't know but Mr. Okamoto should be a broke man. He doesn't have much money. I think this whole thing of finances -- there isn't too much involved there.

Robertson: Did you have anything to do with the preparation of the three bulletins that were put out?

Nakadate: No.

Robertson: Did you agree with them?

Nakadate: I disagreed on one point.

Robertson: What was that?

Nakadate: In order to contest this issue, it said something about refusing to go (draft). I stated that this thing is an individual problem. It is for me.

Robertson: What is the purpose of this -- to hinder the workings of the Selective Service Act?

Nakadate: No, I don't think so. I don't think they had anything to do with it.

Robertson: When this bulletin came out plainly stating that, didn't the members all know about it and agree with it?

Nakadate: No, that was brought to me afterwards.

Robertson: Who put those out?

Nakadate: I don't know, I'm only supposed to speak on the educational side and any grievances they want to bring up. On the other hand somebody else prints the bulletins, somebody else does this and I don't know what Okamoto does. That's why I say it isn't very democratic and isn't really fair play. Mr. Okamoto has been studying on this evacuation and I think he was driving at some evacuation problems, whether evacuation was justified or not. He seems to be connected with the Civil Liberties or something.

Robertson: Does this organization have a counterpart in other centers?

Nakadate: No.

Robertson: Just in this center?

Nakadate: Yes.

Robertson: Was it to encourage the boys to refuse to answer the draft call?

Nakadate: No. Definitely not because I wouldn't stand for that.

Robertson: According to the pamphlets, the part that said 'in order to contest something or other', what part is that?

Nakadate: Myself, and the treasurer, and a fellow by the name of Nagata who lives in 30 -- he came over. He's not a member I don't think. He came over and said, 'What do you think about these things?' and I said, 'I'm not for it.' And that was printed so that's that.

Robertson: There is no responsibility in the Fair Play Committee then?

Nakadate: Doesn't seem to be. It is very loose.

Robertson: As a committee then their publications have no weight, therefore, if there is no one to back them up, there must not be a Fair Play Committee.

Nakadate: That's just about what it amounts to.

Robertson: If they had complaints, why didn't they come to the administration?

Nakadate: They should have. That's what I wanted but they blew up.

Robertson: Doesn't it just amount to somebody being a little vitriolic and making accusations and taking the stand but doesn't have the fortitude to defend their stand?

Nakadate: There is a good point in it too though -- the Carter incident. That thing should be brought to life a little more.

Robertson: If it has good points and bad points, certainly some of the members should be willing to uphold them and acknowledge them.

Nakadate: I'll acknowledge the good points.

Anderson: How is the organization made up? You say it has had a chairman. Does it have an executive committee?

Nakadate: Yes, they have a steering board and you don't know who is in it because I am in the steering board and a lot of other people will be next time. It isn't organized. I want things set. Otherwise, I can't see through it and if the camp wants me to help in any way, I will but it has to be organized.

Anderson: Who else, besides Okamoto, is active in it?

Nakadate: Horino, Emi, myself, and Mr. Ben Wakaye. Outside of that their room is so big you can't tell who is who. It is a common body that gets together and talks.

Anderson: How much money did they collect?

Nakadate: I don't know just how much.

Anderson: You couldn't guess?

Nakadate: No.

Anderson: Who would have the money?

Nakadate: I believe the treasurer has it.

Robertson: Isn't it a fact that the Fair Play Committee as a committee has been advising the boys not to answer pre-induction physical examinations?

Nakadate: No. I don't think the Fair Play Committee has been doing that unless it has been some individuals.

Robertson: Is it the idea of the Fair Play Committee to try to influence the boys not to answer military call?

Nakadate: I believe it is Mr. Okamoto's view that both sides of the picture should be brought out. I believe in the constitutional angle of it and to some extent, I have thought on his point too but I can't answer his interpretation in total because some words - interpretations - do not agree with me. This fact -- especially, the word 'loyal.' It sounds to me like a bargain. The other point is the way he used the word - the United States 'abducted' us or 'kidnapped' us.

Anderson: As far as you know, there is no responsible head or committee representing the Fair Play Committee?

Nakadate: No. Well, Mr. Okamoto and the steering committee.

Anderson: When they signed those bulletins, 'FAIR PLAY COMMITTEE', aren't you all bound to abide by the decision as set out by those bulletins?

Nakadate: No. In fact, I don't know who wrote those articles.

Anderson: You have admitted you are a member of the Committee. The pamphlets come out as a committee. Don't you feel that as a member of the committee that they bind you to the views expressed?

Nakadate: It is too late. Maybe so, but if I am over-ruled and they go ahead and do it, that's that.

Anderson: Have you taken any steps to resign?

Nakadate: No. I feel in the long run it may be a Fair Play Committee. Some article in the Sentinel said it has always failed. One difficulty is that if I resign, maybe other people will resign and won't support it. If Okamoto resigns, he has followers. I don't believe in breaking up. A lot of people want to break up the JACL. I feel that if it isn't right, do something about it.

Anderson: But you are still a member?

Nakadate: Yes.

Anderson: One of the pamphlets published by the Fair Play Committee makes the statement that members of the Fair Play Committee do hereby refuse to go to pre-induction physical examinations or to induction if and when called.

Nakadate: Yes, I say that part I objected to.

Anderson: How do you justify your membership then? You state you are a member. This has been probably stated as the position of the Committee. How do you justify your continued membership, having obligated yourself to that viewpoint?

Nakadate: I haven't obligated myself. If I don't like it I just don't like it. I say that I told them that I definitely didn't like that.

Anderson: Have you ever taken any steps heretofore to personally make known that you disagreed with that policy of the Fair Play Committee?

Nakadate: Yes, I have spoken to Mr. Wakaye.

Anderson: Would you be willing for me to state in the Sentinel that you have stated that you do disagree with that policy?

Nakadate: Yes, I'll write you an article in regards to that.

Anderson: In other words, if you are asked and properly notified to appear for the pre-induction physical examination, will you go or will you refuse?

Nakadate: That I don't know. I have to think that part over. That is my individual problem. I can't speak for anyone else's problem. No member should be bound by that and I think a lot of members have already reported for pre-induction physical. I can't say that all that don't go are members of the Fair Play Committee.

Anderson: Don't you feel that you have to accept responsibility for this position if you admit you are a member?

Nakadate: My position is to speak and bring up any materials which I have studied and relay it to the public.

Robertson: Do you believe in anonymous letters or publications?

Nakadate: No, I don't. I have heard in the Sentinel that there are a lot of anonymous letters but I haven't seen them.

Robertson: You are telling me that no one will take the responsibility for this Fair Play Committee bulletins.

Nakadate: Only the writer can take that responsibility.

Robertson: Then he has no authority to sign FAIR PLAY COMMITTEE on it.

Nakadate: I guess so.

Robertson: Are you willing to permit some unknown writer to obligate you in the sense that you have been obligated?

Nakadate: As far as the viewpoint of opposing Selective Service, no. I don't let that express my view point. My viewpoint is entirely opposite.

Robertson: But at the present time it does.

Nakadate: It would seem so. I don't think that any of these members know just who wrote that.

Robertson: Since you state that it doesn't agree with your own belief, would you ever take any steps to try to correct your position on it or try to find out who commited you on that?

Nakadate: That thing was brought to me -- I think it was Nagate, don't know, and Wakaye. That's all I know and I pointed to them that I don't know. The point is I can't go out during the day. I am always home. I have a baby to watch. Whatever comes to me comes to my home. That's the only way I know what is going on during the day.

Anderson: Is there any kind of a block organization plan involved?

Nakadate: Yes, I think Okamoto said something of that sort some time back but, as I say, the organization meetings are too loose. There is no organization. If I were to organize it, I would make it on the basis of the Community Council.

Anderson: Have many meetings have you spoken at?

Nakadate: Maybe half a dozen times.

Anderson: Did you initiate the meetings yourself?

Nakadate: No. I was requested as speaker.

Anderson: By whom?

Nakadate: Generally by Mr. Okamoto or some member of the steering committee.

Anderson: What was the nature of your talks?

Nakadate: Taken from Reverend Fosdick's book, 'Are We Fit for a Democracy' and 'Basic Manual of Individualism' by Amy Lind and the 'National Unity and What it Means' by Senator Holt and what else I know from American History.

Anderson: Have you participated as a part of the committee assisting the material to be sent out to outside publications, like the Rocky Shimpo?

Nakadate: No. Only once was I asked to send material. That one was the one in which Mr. Carter was involved and the one where the camp was quite on edge. I gave that to Mr. Omura.

Anderson: Have you participated in contacting people in other camps to help with the Fair Play Committee?

Nakadate: No. That is too much work.

Anderson: Do you have a membership roster?

Nakadate: No, not that I know of.

Anderson: Then there isn't a Fair Play Committee.

Nakadate: Well, there seems to be.

Anderson: Is it an underground movement?

Nakadate: I wouldn't say it is underground but just not well organized.

Anderson: Why aren't they willing to come out in public and put their cards on the table?

Nakadate: That I don't know.

Anderson: Have they something that they want to conceal to members?

Nakadate: The purpose of the Committee is to help the evacuees in this country. It has to do with anything that is unjust.

Robertson: I think they all realize that that is what WRA is trying to do.

Nakadate: Well, I think the idea of fair play is good if it is run on a fair basis.

Anderson: Has the Fair Play Committee thought of taking their activities through the Community Council?

Nakadate: No.

Anderson: Would you say that the Fair Play Committee, that part of its program would be to disregard the Community Council and obtain these measures by their own actions?

Nakadate: That may be Mr. Okamoto's idea.

Anderson: Were you present at the meeting which was presided over by the attorney from Denver.

Nakadate: Yes, I was. That was just about the time we got going and it was just a group of interested persons. They adopted it because Mr. Okamoto has been working on it so long.

Robertson: Do you think the name 'Fair Play' applies to your committee in that you don't bring these problems to the people who can solve them for you?

Nakadate: Well, they ought to but that isn't my -- it isn't my --

Robertson: It isn't fair play is it?

Nakadate: It isn't fair play.

Robertson: Don't you think the organization would be a lot more healthy if they did bring them out?

Nakadate: Sure, that's the way I feel. Unfortunately there is a difference of personality.

Horn: Why don't they work with the WRA on this?

Nakadate: There is a personality difficulty in there.

Horn: Why did Mr. Okamoto want to have these boys resist draft calls?

Nakadate: I don't know if he is. About all I see is Judge Emmans remarks on the mess hall.

Anderson: You say many of the members haven't participated. Assuming that Okamoto has committed the Fair Play Committee that he may have sent material outside of the center for publication. Anytime during that period, to your knowledge, have any of the members of the Fair Play committee repudiated any of the comments made by Mr. Okamoto or anyone else?

Nakadate: Yes. Of course, what you write in and what they print is two different things. Yes, they were quite sore. I sent that last one in about this camp and about Carter. I told them the people are pretty mad about it.

Anderson: Have any of the members written any statements repudiating the stands indicated by the bulletins?

Nakadate: Japanese people don't give their opinions through letters or formal ways. They show their resentment though. I know that there are a lot of resentments. I have cautioned Mr. Okamoto many times as to his use of language and his attitude but after all, in this community of one set race, it is pretty hard to kind of break but he has been cautioned. I cautioned him and gave up cautioning him. Some members cautioned him many times. He doesn't bring in followers. He loses more of them.

Robertson: Do you think some of these boys refusing to answer pre-induction physicals have been influenced by the Fair Play Committee:

Nakadate: I don't think so.

Robertson: Don't you think that the fact that this bulletin was circulated and some of the members who refused to go were members of the Fair Play committee indicated that it had some effect upon them?

Nakadate: I don't know.

Robertson: Don't you think when it does, that it is unfair for the boys to have to go in and take their sentence for the acts of someone else?

Nakadate: That is all up to them. I don't know if the bulletin had any effect on them or not but if they went in knowingly, they should know what they are doing."

For the information of the file and with reference to the above interview, questions 28 and 27 are being set out in full.

Question 28: "Will you swear unqualified allegiance to the United States of America and faithfully defend the United States from any or all attack by foreign or domestic forces, and forswear any form of allegiance or obedience to the Japanese Emperor or any other government, power, or organization?"

Question 27: "Are you willing to serve in the armed forces of the United States on combat duty whenever ordered?"

A leave clearance hearing was also conducted for BEN WAHAYE by Mr. ROBERTSON and Mr. ANDERSON on April 3, 1944. The first part of the interview, which of course was transcribed, consists of questions and [section omitted]

Wakaye: I think maybe perhaps in a lot of those cases they are mad about something and they went to make a lot of fuss.

Robertson: They say the camp is on the verge of a big strike and blow-up...

Wakaye: That was false........

Robertson: I think those false things should be corrected don't you?

Wakaye: I think the individual should come out and not put too much blame on the Fair Play Committee. Those articles that were written weren't from the Fair Play Committee.......

Robertson: I would make them retract it then.

Wakaye: You mean the newspaper?

Robertson: I mean the 'Rocky Shimpo' newspaper.

Wakaye: Am I the only one who will have a hearing like this?

Robertson: I am going to talk to you boys who are the leaders. Thank you for coming in Ben."

Pertinent portions will also be quoted from the leave clearance hearing held for FRANK EMI which was conducted on April 4, 1944, by Mr. ROBERTSON and Mr. W.J. CARROLL, Relocation officer.

"HEARING BOARD FOR LEAVE CLEARANCE
Rehearing
April 4, 1944

"MEMBERS OF THE BOARD: Guy Robertson, Project Director
W.J. Carroll, Relocation Officer

"INTERIEWEE: Frank Emi
9-2k-A
Heart Mountain, Wyoming

USES 18559

".......................

Robertson: In the Fair Play Committee you boys have come out with the statement that you hereby resolve not to appear for

pre-induction physical or for induction if called. There is a law in our statute books which says that every citizen, unless excused for some special reason, is subject to the call when he is needed in the army, either in time of peace or in time of war. Now that is a law on the books.

Emi: Yes.

Robertson: Don't you think you should obey that law implicitly?

Emi: We are not saying that we will not go to the army or anything, Mr. Robertson. Like myself, I would go any time if I was out in California or if I was given the rights of any other American citizen, and I still say that I am not saying I won't go as soon as I am treated as an American citizen should be treated. I would be glad to go.

Robertson: I think that is right; I think also you are making a mistake in that you are trying to bargain with the government of the United States on a law that is on the statute books, and that just can't be done. Now if you want to have that law repealed you shouldn't disobey a law in order to bring it up for repeal, there are plenty of ways to bring it up for repeal, there are plenty of ways to bring the case up without deliberately breaking the law of the United States. Don't you think it would be better for you to obey all laws of the United States and at the same time to work diligently to obtain that clarification of citizenship, or whatever you call it?

Emi: That is the best way, yes. At the same time, up to now we have been supressed [suppressed] in our rights and privileges of American citizenship because the government said so, and we have more or less complied with that order; but, that order, I believe, is unconstitutional. Of course, that is before the supreme court now. I believe that order to comply with the Presidential Proclamation and all was unconstitutional because the Constitution of the United States states that citizens shall not be deprived of life, liberty or property without due process of law. In my position I do not know just what my status is as a citizen. I do not know whether I am a full fledged citizen, they say I am, but actual factors are a little bit different, and I don't know whether I am in the same status as the Indians, aren't they wards of the government, Mr. Carroll?

...............................

Robertson: ..........Do you think the activities of the Fair Play Committee have been subversive?

Emi: I don't think so, Mr. Robertson.

Robertson: Do you think you have influenced other people to not answer the Selective Service call?

Emi: No, I don't think so because at some of the meetings I have attended they have always come out and stated that if the person wants to get into the Fair Play Committee just to evade the draft we don't want them. They also stated many times at the meetings those people who had intention of joining the committee just to evade the draft were not welcome. As you know, it is up to the individual.

Robertson: Let me ask you, Frank, what do you think you can do by refusing to appear for Selective Service to clarify your situation. What, in other words, have you in mind, what is your aim?

Emi: I just wonder if it won't bring more attention to the fact that we, as American citizens in here and subject to the army, as such, that it would call the public's attention to the fact that we haven't the rights of citizens and they would try to remedy that. Of course they will have to see both sides of the question, if they only see that we are violating the Selective Service Act naturally there isn't any one that would be in sympathy with us, but in a court that is where I think a person has the right to present both sides of the picture.

............................

Carroll: What are the requirements to be a member of the Fair Play Committee?

Emi: I don't know of any specific requirements. You have to be a citizen and consider yourself a loyal citizen to be a member.

Carroll: Is their interpretation of loyal American citizen mean that they should not answer their draft call?

Emi: No. I think every loyal American citizen should protect and uphold the Constitution and the Bill of Rights.

Carroll: Are you a member of the Fair Play Committee?

Emi: Yes.

Carroll: And following that you think you are a loyal citizen? What would you do if you were notified to report for your call to the army tomorrow?

Emi: I don't know. Many things can happen between now and tomorrow. I may think one thing today and one thing tomorrow.

Carroll: What if I handed you your draft notice right now?

Emi: Right now I think you know the way I have been thinking.

Carroll: Would you go or wouldn't you go?

Emi: I would go just as soon as my status and rights are clarified.

Carroll: How can you declare you are a loyal American citizen, then?

Emi: Taking the stand that I just told you, I believe that by doing that I am helping toward the rectification of the unconstitutional acts the government has committed.

Carroll: You already have a test case in court now. How can you further help it?

Emi: That is my individual feeling. I don't feel that it should be left to some one else."