Letter from Ernest Besig, Director, American Civil Liberties Union of Northern California, to James C. Purnell, February 7, 1944

February 7, 1944

James Purcell, Esq.

Mills Building

San Francisco, 4, California

Dear Jim:

In re: Mitsuie Endo

You will recall that our New York office asked me to

determine whether you would be willing to file a motion

in the Cireuit Court of Appeals for certification of the

Endo case to the Supreme Court and that you indicated

your willingness to do so if I would prepare the forms,

Just to keep the record straight, I want to tell you why

you failed to hear further from me,

Al Wirin sent me copies of forms which he had just used

in another case, after which I wired New York to determine

whether Ennis had given assurance that he would go along

on such a motion, It seomed to me that you could not get

to first base unless the Govermment joined in support of

such a motion, I received a return wire indicating that

Washington was agreeable; but when I checked with Al Zirpoli,

he knew nothing about it. So I wired to New York again,

informing them that the U.S. Attorney knew nothing about

the decision of the Department of Justice. A few days after

that, I reeeived a response by wire, saying that the Govern-

ment had changed its mind,

I also received a letter from Al Wirin which told me the

fate of his own motion to certify a question to the Supreme

Court. The Clerk advised him that it would not be necessary

for him to appear for oral argument, that the Court pre-

ferred certification to be made on its own motion and if

the appropriate situation arose certification would be made.

It would seem, therefore, that the only way to approach the

matter is for both parties to discuss the matter informally

with the presiding justice. Since the Department of Justice

is now opposed to certification, such a step is impossible

in the Endo case. :

Sincerely yours,

EB sH Ernest Besig, Director