Montgomery County Common Pleas Court, General Division

While working in the United States District Court for the Western District of Washington in the mid-1980’s, I released to attorneys some files on a defendant named Gordon Hirabayashi from the archives. The case involved the enforcement of Presidential orders that subjected United States Citizens of Japanese descent to curfew and exclusion from certain areas. The orders removed people of Japanese ancestry from their homes and confined them to “relocation camps” for the duration of World War II. Mr. Hirabayashi was born in the United States and had resided here all of his life. Mr. Hirabayashi refused to submit to the forced relocation. He wrote a statement to that effect, turned himself in to the FBI, and was subsequently convicted for violation of the exclusion order and curfew. His case was appealed to the United States Supreme Court. The Court held that the application of curfews against members of a minority group were constitutional when the nation was at war with the country from which that group originated. His conviction was affirmed and the 90-day sentence was served after hitchhiking 1600 miles to report to a federal work camp.

One of the two attorneys reviewing the old records had assisted Mr. Hirabayashi during his trial. The younger attorney was working on a motion to set aside the 40-year old conviction. The court heard the evidence and concluded that the original conviction of violation of the exclusion order should be overturned. Courtroom observers were primarily people of asian origin that had been relocated to internment camps. The Court determined after reviewing evidence that the government had withheld pertinent information that would have helped Mr. Hirabayashi at his original trial. His conviction was vacated and upheld on appeal.

This case is an excellent example of respect for the rule of law by someone who had ample reason to believe that the rule of law had failed in his case.

Mr. Hirabayashi

• Disobeyed a law that he believed violated his constitutional right of due process and was willing to accept the punishment.

• Voluntarily reported to a prison and provided his own transportation to serve his sentence.

• As a pacifist, was willing to serve alternative service as required by the law.

• Had faith in the court that convicted him to request that same court hear his appeal to overturn his conviction.

In 1976 President Gerald Ford proclaimed that the evacuation was “wrong.” In 1988, President Ronald Regan signed legislation which apologized for the internment on behalf of the United States Government. The legislation stated that government actions were based on “race prejudice, war hysteria, and a failure of political leadership”.

Further reading:

HistoryLink Essay http://www.historylink.org/essays/output.cfm?file_id=2070

The Courage of Their Convictions: Sixteen Americans Who Fought Their Way to the Supreme Court, Peter Irons. http://www.trinity.edu/departments/history/faculty/Miller/Hirabayashi.htm

The Japanese American Incarceration: The Journey to Redress
http://www.abanet.org/irr/hr/spring00humanrights/tateishi.html

By: James Drubert, Court Administrator-General Division