Letter from Roger N. Baldwin, Director, American Civil Liberties Union to Ernest Besig, Director, American Civil Liberties Union of Northern California, December 13, 1943

AMERICAN CIVIL LIBERTIES UNION

170 FIFTH AVENUE

NEW YORK CITY

"Ge 400

December 15, 1943

Mr. Ernest Besig

216 Pine St.

San Francisco, sali

Dear Ernest:

Our Board considered today your letter of December 7

concerning the Korematsu case. It camedto the conclusion

in accordance with our previous understanding that we

better handle the Union's participation in the Supreme

Court with a prief amicus on the points we stress. I

assume that we could file a jonntebrief with the Rot ar

California branch if you so desire.

I assume that Mr. Collins, as counsel for Korematsu,

would want to raise every question in his behalf even

those outside the limitations we have placed upon our

participation. He may, however, think that the decisions

of last Jume rather preclude raising the question of

presidential power and that he would have a stronger case

if he rested upon exclusion on racial grounds. That is

of course the point we would mainly emphasize. We han

have the brief prepared here and sen} it to you in short

order for the consideration of your counsel who should

of course be separate from Mr. Collins. We will, of course,

bear the expenses of that brief.

I should say to you that Mr. Fraenkel and others are

doubtful as to whether the Supreme Court will grant

certiorari in view of the closeness of the issues to those

already decided.

Will you kindly advise us on receipt of this so that

we may be guided in going ahead?

Sincerely yours,

A

So

`

Cc

RNB/a "

ATRMAIL en