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Bayonets in ParadiseMartial Law in Hawai'i during World War II$
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Harry N. Scheiber and Jane L. Scheiber

Print publication date: 2016

Print ISBN-13: 9780824852887

Published to Hawaii Scholarship Online: November 2016

DOI: 10.21313/hawaii/9780824852887.001.0001

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Alarms and Responses

Alarms and Responses

Chapter:
(p.211) Chapter Eleven Alarms and Responses
Source:
Bayonets in Paradise
Author(s):

Harry N. Scheiber

Jane L. Scheiber

Publisher:
University of Hawai'i Press
DOI:10.21313/hawaii/9780824852887.003.0012

In the first weeks after the Pearl Harbor attack, there was almost no open criticism of the Army’s regime, but concerns soon arose that civil liberties were unnecessarily curtailed, especially with regard to the provost court operations. Garner Anthony, an eminent Honolulu attorney; Samuel Wilder King, the territory’s congressional delegate; Ingram Stainback, a federal judge being considered for appointment as governor; and Roger Baldwin of the ACLU all began to complain to the War Department regarding the violations of due process and the takeover of the civil government. In a widely noticed law journal article, Anthony laid out the legal and constitutional issues that would prevail in public debate and court challenges. He denied the Army’s legal right to close the courts to habeas corpus proceedings or to take over civil government authority on a wholesale basis, no matter what the claims of “military necessity”—if unexamined by the judiciary—might be. Army lawyers responded that the courts had no business interfering with military control in time of wartime emergency. Backed by the War Department, with consistent support from Assistant Secretary John J. McCloy, General Emmons resisted the demands for a restoration of civil liberties.

Keywords:   habeas corpus, due process, delineation of powers, War Department, Department of Justice, Department of the Interior, J. Garner Anthony, Samuel Wilder King, Ingram Stainback, John J. McCloy

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