104).' And it authorized and directed 'the Secretary of War, and the Military Commanders whom he may from time to time designate, whenever he or any designated Commander deems such action necessary or desirable, to prescribe military areas in such places and of such extent as he or the appropriate Military Commander may determine, from which any or all persons may be excluded, and with respect to which, the right of any person to enter, remain in, or leave shall be subject to whatever restrictions the Secretary of War or the appropriate Military Commander may impose in his discretion. It recited that 'the successful prosecution of the war requires every possible protection against espionage and against sabotage to nationaldefense material, national-defense premises, and national-defense utilities as defined in Section 4, Act of April 20, 1918, 40 Stat. On February 19, 1942, the President promulgated Executive Order No. It need be only briefly recapitulated here. C.A.Appendix note preceding section 1, has been reviewed in Kiyoshi Hirabayashi v. The history of the evacuation of Japanese aliens and citizens of Japanese ancestry from the Pacific coastal regions, following the Japanese attack on our Naval Base at Pearl Harbor on December 7, 1941, and the declaration of war against Japan on December 8, 1941, 55 Stat. And the Solicitor General argued the case here. But the United States Attorney for the Northern District of California argued before the District Court that the petition should not be granted.
It does not appear that any respondent was ever served with process or appeared in the proceedings. The certificate of questions of law was filed here on April 22, 1944, and on May 8, 1944, we ordered the entire record to be certified to this Court. Shortly thereafter appellant was transferred from the Tule Lake Relocation Center to the Central Utah Relocation Center located at Topaz, Utah, where she is presently detained. That petition was denied by the District Court in July, 1943, and an appeal was prefected to the Circuit Court of Appeals in August, 1943. In July, 1942, she filed a petition for a writ of habeas corpus in the District Court of the United States for the Northern District of California, asking that she be discharged and restored to liberty. She wasĮvacuated from Sacramento, California, in 1942, pursuant to certain military orders which we will presently discuss, and was removed to the Tule Lake War Relocation Center located at Newell, Modoc County, California. Mitsuye Endo, hereinafter designated as the appellant, is an American citizen of Japanese ancestry.
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. This case comes here on a 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. Justice DOUGLAS delivered the opinion of the Court. Gen., of Washington, D.C., for Eisenhower, Director. Purcell, of San Francisco, Cal., for Mitsuye endo.
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