His contention was and is, however, that he could not be convicted therefor because he was a citizen of the United States and that the regulation is, as to him, unconstitutional and void. He admits this fact and that he knew it was a violation of the regulation. M., Yasui walked into the police station in Portland, Oregon, within one of the designated areas. The evidence showed that Yasui was born at Hood River, Oregon, on October 19, 1916. He pleaded "Not Guilty", waived a jury and was tried by the court. He was indicted April 22, 1942, on the ground that he had violated the curfew provisions of this proclamation. Minoru Yasui, the defendant, is the son of an alien Japanese father and mother. This regulation established a curfew law for such enemy aliens and such persons of Japanese ancestry within certain of the zones above indicated. 3 was issued by General DeWitt, reciting "as a matter of military necessity the establishment of certain regulations pertaining to all enemy aliens and all persons of Japanese ancestry within said Military Areas and Zones * * *". *44 On March 24, 1942, Public Proclamation No. § 97a, passed by Congress and approved by the President March 21, 1942, made it a criminal act for any person to "enter, remain in, leave, or commit any act in any military area or military zone prescribed, under the authority of an Executive order of the President * * * by any military commander designated by the Secretary of War", contrary to the restrictions applicable to any such area if such person knew of the existence, application, and extent, of the restriction. Further "Military Areas" and "Military Zones" are designated by the Proclamation No. It was thereby announced that "such persons or classes of persons as the situation may require" would, by subsequent proclamation, be excluded from certain of these areas, and further declared that with regard to other of said areas "certain persons or classes of persons" would be permitted to enter or remain therein under certain regulations and restrictions to be subsequently prescribed. 1, on March 2, 1942, declared certain portions of the Western Defense Command, because of its liability to attack or to attempted invasion and because it was subject to espionage and acts of sabotage, a military area "requiring the adoption of military measures necessary to establish safeguards against such enemy operations".Ĭertain areas were thereby designated as "Military Areas" and "Military Zones". Thereafter, claiming to act pursuant to the Executive Order and the authority vested in him by the Secretary of War, General DeWitt, by Public Proclamation No. DeWitt was designated by the Secretary of War to exercise the authority granted by the Executive Order for the Western Defense Command. 19, 1942, Number 9066, after reciting that "the successful prosecution of the war requires every possible protection against espionage and against sabotage to national-defense material, national-defense premises, and national-defense utilities as defined" by this statute, authorized and directed the Secretary of War and military commanders designated by him to prescribe military areas in such locations and of such boundaries as might be desired, from which all persons might be excluded and subject to whatever restrictions might be imposed upon the right of persons to enter, remain in or leave, such areas. Thereafter, the President of the United States, by Executive Order, Feb. Thereafter, on December 11, 1941, the states of Oregon, Washington, Idaho, Nevada, Utah and Arizona and the Territory of Alaska were designated a theatre of military operations as the Western Defense Command by order of the Secretary of War.īefore the outbreak of hostilities, in August, 1941, Congress had amended a statute passed in 1918 designedly to protect "war material" in time of war by placing under protection by punitive provisions "national-defense material", "national-defense premises" and "national-defense utilities", which are therein broadly defined. Congress, on December 8, 1941, by joint resolution, declared a state of war to be existing between the Imperial Government of Japan and the Government and people of the United States. On December 7, 1941, the armed forces of the Emperor of Japan attacked the bases of the United States in the Islands of the Pacific Ocean without warning and without declaration of war. Gen., of California, for the State of California as amicus curiae. Solomon, all of Portland, Oregon, amici curiae.Įarl Warren, Atty. Strayer, Maguire, Shields, Morrison & Biggs, Randall Kester, and Gus J. McLaughlin, Hart, Spencer, McCulloch & Rockwood, Omar C. Bernard, of Portland, Or., for defendant. Gen., of Seattle, Wash., for plaintiff.Įarl F. Atty., both of Portland, Or., and Charles S.
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