William O. Douglas

“ As the President has said of these loyal citizens: 'Americans of Japanese ancestry, like those of many other ancestries, have shown that they can, and want to, accept our institutions and work loyally with the rest of us, making their own valuable contribution to the national wealth and well-being. In vindication of the very ideals for which we are fighting this war it is important to us to maintain a high standard of fair, considerate, and equal treatment for the people of this minority as of all other minorities.' Sen. Doc. No. ”

“ But even if an applicant meets those requirements, no leave will issue when the proposed place of residence or employment is within a locality where it has been ascertained that 'community sentiment is unfavorable' or when the applicant plans to go to an area which has been closed by the Authority to the issuance of indefinite leave. ”

“ The fact that no respondent was ever served with process or appeared in the proceedings is not important. The United States resists the issuance of a writ. A cause exists in that state of the proceedings and an appeal lies from denial of a writ without the appearance of a respondent. Ex parte Milligan, supra, 4 Wall. at page 112, 18 L.Ed. 281; Ex parte Quirin, 317 U.S. 1, 24, 63 S.Ct. 2, 9, 87 L.Ed. 3.
Hence, so far as presently appears, the cause is not moot and the District Court has jurisdiction to act unless the physical presence of appellant in that district is essential. ”

“ Her petition for a writ of habeas corpus alleges that she is a loyal and law-abiding citizen of the United States, that no charge has been made against her, that she is being unlawfully detained, and that she is confined in the Relocation Center under armed guard and held there against her will.
It is conceded by the Department of Justice and by the War Relocation Authority that appellant is a loyal and law-abiding citizen. They make no claim that she is detained on any charge or that she is even suspected of disloyalty. ”

“ The War Relocation Authority also recommends communities in which an evacuee will be accepted, renders aid in finding employment opportunities, and provides cash grants, if needed, to assist the evacuee in reaching a specified destination and in becoming established there. ”

“ We only hold that the District Court acquired jurisdiction in this case and that the removal of Mitsuye Endo did not cause it to lose jurisdiction where a person in whose custody she is remains within the district.
There are expressions in some of the cases which indicate that the place of confinement must be within the court's territorial jurisdiction in order to enable it to issue the writ. See In re Boles, supra, 48 F. at page 76; Ex parte Gouyet, supra; United States v. Day, supra; United States v. Schlotfeldt, supra. ”

“ And it would seem to me that the 'unconditional' release to be given Miss Endo necessarily implies 'the right to pass freely from state to state,' including the right to move freely into California. Twining v. ”

“ The Provost Marshal General's Dept. of the War Department has determined that you, Endo Mitsuye are not at this time eligible for employment in plants and facilities vital to the war effort.'↑ The form of a citizen's indefinite leave is as follows:↑ Cf. the account of the meeting by General De Witt in the Final Report, supra, note 2, pp. 243-244.↑ And see the Fourth Interim Report of the Tolan Committee, H.R. Rep. No. 2124, 77th Cong., 2d Sess., p. 18.↑ There were 108,503 evacuees transferred to Relocation Centers. ”

“ Allen, 69 App.D.C. 307, 100 F.2d 717, 719; Rivers v. Mitchell, 57 Iowa 193, 195, 10 N.W. 626; People v. New York Juvenile Asylum, 57 App.Div. 383, 384, 68 N.Y.S. 279; People v. New York Asylum, 58 App.Div. ”