Minoru Yasui v. United States, 871
| Decision Date | 21 June 1943 |
| Docket Number | No. 871,871 |
| Citation | 63 S.Ct. 1392,87 L.Ed. 1793,320 U.S. 115 |
| Parties | MINORU YASUI v. UNITED STATES |
| Court | U.S. Supreme Court |
Messrs. E. F. Bernard, of Portland, Or., and A. L. Wirin, of Los Angeles, Cal., for Yasui in No. 871.
Mr. Charles Fahy, Sol. Gen., of Washington, D.C., for the United States.
This is a companion case to Hirabayashi v. United States, 320 U.S. 81, 63 S.Ct. 1375, 87 L.Ed. —-, decided this day.
The case comes here on certificate of the Court of Appeals for the Ninth Circuit, certifying to us questions of law upon which it desires instructions for the decision of the case. § 239 of the Judicial Code as amended, 28 U.S.C. § 346, 28 U.S.C.A. § 346. Acting under that section we ordered the entire record to be certified to this Court so that we might proceed to a decision, as if the case had been brought here by appeal. 63 S.Ct. 860, 87 L.Ed. —-.
Appellant, an American-born person of Japanese ancestry, was convicted in the district court of an offense defined by the Act of March 21, 1942, 56 Stat. 173, 18 U.S.C.A. § 97a. The indictment charged him with violation, on March 28, 1942, of a curfew order made applicable to Portland, Oregon, by Public Proclamation No. 3, issued by Lt. General J. L. DeWitt on March 24, 1942. 7 Federal Register 2543. The validity of the curfew was considered in the Hirabayashi case, and this case presents the same issues as the conviction on Count 2 of the indictment in that case. From the evidence it appeared that appellant was born in Oregon in 1916 of alien parents; that when he was eight years old he spent a summer in Japan; that he attended the public schools in Oregon, and also, for about three years, a Japanese language school; that he later attended the University of Oregon, from which he received A.B. and LL.B degrees; that he was a member of the bar of Oregon, and a second lieut nant in the Army of the United States, Infantry Reserve; that he had been employed by the Japanese Consulate in Chicago, but had resigned on December 8, 1941, and immediately offered his services to the military authorities; that he had discussed with an agent of the Federal Bureau of Investiga- tion the advisability of testing the constitutionality of the curfew; and that when he violated the curfew order he requested that he be arrested so that he could test its constitutionality.
The district court ruled that the Act of March 21, 1942, was unconstitutional as applied to American citizens, but held that appellant, by reason of his...
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