Supplementary report on Lawyers Committee to Study Evacuation Cases

June 29, 1942

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Supplementary Report on Lawyers Committee to Study Evacuation

Cases

The purpose of the Committee was to determine what questions

should be raised in the cases testing the evaucation of Japanese-

erican citizens under the West Coast evacuation orders.

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a) The Committee determined that this question should be

argued om the ground that the sole basis for the classification

of evacuees Was national origin. It expressly found that a clas-

sification based on nationel origin might be reasonable where it

was founded on additional considerations such as membership in

organizations clearly subversive, long periods or consecutively

intermittent periods of residence in the country of origin, poli-

tical alignment of the country of origin, ete. It was held that

while a classification based on national origin might under cer-~

tain circumstances be Justified as a military necessity, the

general classification in the evacuation orders here, together

with the extent of the military zones, and the influence of local

prejudice subjects the military orders to attack.

2.) The suestion whether e su:

existed to justify the act

n setting up the militer

a) The Committee here recognizee that the presumption of

regularity would apply to the Orders constituting the Military

Zones. The petitioner of defendant in ech case would have the

burden of showing thet ag to him the military area set aside was

unreagonable, as a that it covered only beet-growing, citrus

fruit areas, ete. It was also open to the petitioner or defen-

dant to challenge the Military Orders on the ground that the

size of the military areas was disproportionate,

b) The Committee also agreed that the Union and counsel

should present argument that the Military Orders were not directed

by militery necessity but out of consideration and under the

pressure of local (West Coast) groups.

cent) With respect to an attack on Pub. "503, it was decided

that the argument should emphasize that the Act of Congress does

not apply unless the Military Orders can be reasonably said to

come under the President's Executive Order.

3. question whether failure to provide hesrings for

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2.

. a( It was unanimously agreed that the failure to provide

hearings for Japanese American citizens under the Evacuation

Orders constituted a denial of due process as to them, Each

`pergon should have an opportunity to show why he should not

come within the meaning of the President's Order. :