Meiji Fujizawa v. Acheson, 981.

• Decision Date: 23 August 1949
• Docket Number: No. 981.,981.
• Parties: MEIJI FUJIZAWA v. ACHESON, Secretary of State.
• Court: U.S. District Court — Southern District of California

85 F. Supp. 674

MEIJI FUJIZAWA v. ACHESON, Secretary of State.

No. 981.

United States District Court S. D. California, S. D.

August 23, 1949.

A. L. Wirin, Fred Okrand, Los Angeles, Cal., for plaintiff, Meiji Fujizawa.

James M. Carter, United States Attorney, Robert J. Kelleher, Assistant United States Attorney, Los Angeles, Cal., for defendant, Dean Acheson, Secretary of State.

WEINBERGER, District Judge.

Plaintiff, a person of Japanese ancestry, born in the United States, brings this action against the Secretary of State. Jurisdiction appears under the provisions of 8 U.S.C.A. § 903, plaintiff having applied at the United States Consulate at Kobe, Japan, to establish his claim as an American citizen and to register as a United States national, and said claim and registration having been denied by said United States Consul upon the ground that plaintiff had lost his United States nationality by obtaining naturalization in a foreign state. Plaintiff claims a permanent residence in this District, to-wit, in Imperial County, California.

At the trial of the cause, the plaintiff appeared and testified upon the witness stand; testimony of other witnesses was introduced through stipulations of counsel, in the form of affidavits and excerpts from transcripts of another trial held in this district.

Memoranda were filed by the respective counsel before and after trial, argument was had, and the matter submitted for decision.

Plaintiff alleges in his complaint that at no time he intended to, or desired to, lose his United States nationality, and that he did not lose his said nationality by virtue of any act performed by him, and that he did not obtain naturalization in Japan or in any foreign state; in the alternative, plaintiff alleges that if the Court finds that he did obtain the nationality of a foreign state, said obtaining of said nationality was not the free and voluntary act of the plaintiff within the meaning and intent of the United States Nationality Act, but was the result of mistake, misunderstanding and/or coercion.

Plaintiff also maintains that 8 U.S.C.A. § 801(a) as applied to the plaintiff is unconstitutional in that it deprives the plaintiff of his rights as a citizen of the United States as guaranteed by the Fourteenth Amendment to the Constitution of the United States.

Defendant admits that plaintiff was born in the United States, but denies that plaintiff has been a permanent resident of Imperial County, California, denies that plaintiff is a citizen of the United States, denies plaintiff's allegations that he did not lose his nationality as a United States citizen, and denies that he did not obtain naturalization in Japan.

Counsel for defendant in his brief filed December 23, 1948, at page 5 thereof, states the following questions are presented:

"(1) Did Fujizawa, a national of the United States by birth, lose his nationality under Title 8 U.S.C.A. § 801 (a) by `obtaining naturalization in a foreign State either upon his own application, or * * *'"

"(2) Did Fujizawa's petition for restoration of Japanese citizenship (which he had renounced before leaving the United States) constitute `naturalization' or did it merely restore him to the status he had had at birth, namely citizenship in the United States, and according to Japanese law, citizenship in Japan."

"(3) If the actions of Fujizawa in Japan, in obtaining a family register and securing the restoration of Japanese citizenship, constituted `naturalization' under Title 8 U.S. C.A. § 801, did he do such acts in Japan under such pressure or duress, that the act was not free and voluntary."

The evidence here discloses that the plaintiff, of Japanese ancestry, was born in Imperial County, California, and following his graduation there from high school, went to Japan to further his education and to study the Japanese language, intending thereafter to return to the United States to engage in the export and import trade.

Prior to leaving the United States for Japan in June, 1939, in order to make certain that he retained his United States citizenship, and knowing that a Nisei was subject to the draft laws in Japan, he, through his father, took steps to renounce his Japanese nationality, which was accomplished in October, 1939, after plaintiff arrived in Japan.

In accordance with the provisions of Japanese law, every Japanese national possesses a personal record which is kept, together with the records of other members of his legal family, at a municipal office. On this record vital facts are reported, such as date of birth, name of spouse, offspring, military service, criminal record, etc.

These records are consulted extensively and it is a general practice to submit and require certified copies of one's Family Register Record in connection with applications for employment, marriage, negotiations, and in all other situations where background and status are important.

Plaintiff's father possessed such a Family Register on which the name of the plaintiff was also registered, and upon the plaintiff's renunciation of his nationality, his name was cancelled therefrom.

Plaintiff arrived in Japan in July, 1939, and then took up his studies, attending night classes, not desiring to take military training which was required of those attending the day classes.

After the declaration of war between the United States and Japan, on December 8, 1941, he continued his studies and graduated from said university in September, 1943.

Prior to the declaration of war, his parents, then residing in California, sent him money for his livelihood, and thereafter his relatives in Japan supported him until his graduation from the University after which he was unable to procure further funds and was required to find employment.

The evidence further discloses that when plaintiff applied for a position, he was informed that he could secure no employment unless his name appeared in the Family Register. He then applied at the City Hall in Tokyo for the registry of his name in the Family Register. An official asked plaintiff why he made such request and plaintiff gave as his reason that he was not getting any funds and needed a job for his livelihood. The official then advised plaintiff that he had to apply for a recovery of his Japanese nationality, and an application for such recovery was then made by plaintiff on a form filled out by the official.

Thereafter, in September of 1943, plaintiff received notice from the Home Ministry consisting of a simple statement that his application for recovery had been granted. He then opened his own Family Register which he used in procuring employment as an interpreter and in getting his rations. From September to November of 1943 he was employed as an interpreter by the Oeyama Nickle Industry Company, Limited and thereafter and until V-J day was employed as an interpreter in the Oeyama Prisoners of War Camp where United States, Canadian, British and other war prisoners were detained; since V-J day, he has been employed by the United States military authorities in Japan as an interpreter.

While acting as such interpreter in the camp, the evidence discloses that he assisted the prisoners in many ways, contributing to their health and comfort in procuring for them medical supplies outside of camp such as sulphur compounds and vitamins, fruit, writing tablets and other necessities, thereby violating Japanese rules, and subjecting himself to disciplinary action if his activities had become known to his Japanese superiors.

It is of interest to note that at the close of hostilities, while plaintiff was so employed, a number of prisoners of war, including officers of the United States Army and Navy, and Canadian and British officers, on or about August 2, 1945, without any solicitation or request of the plaintiff gave to the plaintiff a document which was introduced in evidence which gave testimony as to the esteem in which these officers held the plaintiff, in terms as follows: "* * * Now that hostilities have ceased, we wish to go on record and state that although he is of Nipponese extraction, he has, under the most difficult circumstances, conducted himself in a manner worthy of merit and in accordance with the American idea of asssitance and fair play. He has proven himself to be an American under conditions where many, if not most, would have failed and we feel that he has performed his duty here to more effect than if he had been an American soldier on the front lines. * *"

On July 30, 1947, he applied at the United States Consulate at Kobe, Japan, to establish his claim as an American citizen, and to register as a United States national.

In connection with plaintiff's proceedings before the American Consulate in Yokahama, Japan, the plaintiff, on July 30, 1947, submitted to the American Consul a statement, a portion of which is as follows: "After completing the commercial course at Meiji University in September, 1943, I had to find some sort of job since no funds were available any more from my parents in the States. I accepted the job as interpreter (September 8, 1943 to cessation of hostilities in 1945) * * * of course I was given the job with the...