Kaname Fujino v Clark

• Date: 22 April 1947
• Docket Number: Case No. 90
• Court: U.S. District Court — District of Hawaii

District Court.

Case No. 90

Kaname Fujino

and

Clark.

War — Effects of — Enemy Property — Enemy Character — Test of Control — United States Trading with the Enemy Act.

In Kaname Fujino v. Clark, 71 F. Supp. 1, decided by the District Court of Hawaii on April 22, 1947, the Court held that in construing the Trading with the Enemy Act, whose purpose is to lessen the enemy's and to increase the American ability to wage war successfully, it was permissible to look through technicalities of the law of conveyancing to realities, and that factual control was more significant than niceties of legal title. It found, accordingly, that land which had been given by a Japanese citizen as a gift to his son, who was an American citizen, but the user of which was still controlled by the donor, was properly vested under the Trading with the Enemy Act. In Miyuki Okihara v. ClarkUNK, 71 F. Supp. 319, decided by the District Court of Hawaii on May 6, 1947, the Court held that a person of Japanese nationality was a national of a foreign country in the meaning of the Trading with the Enemy Act, even though she was also a United States citizen...