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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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PRINTED FROM HAWAII SCHOLARSHIP ONLINE (www.hawaii.universitypressscholarship.com). (c) Copyright Hawaii University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in HSO for personal use.date: 01 December 2021

The Duncan and White Cases

The Duncan and White Cases

(p.307) Chapter Seventeen The Duncan and White Cases
Bayonets in Paradise

Harry N. Scheiber

Jane L. Scheiber

University of Hawai'i Press

Duncan v. Kahanamoku was joined for adjudication in the U.S. Supreme Court by White v. Steer, the parallel case of a stockbroker who had been given a heavy provost court sentence for embezzlement. Argument was scheduled for December 1945, that is, after the end of the Pacific war—and, ominously for the Army, after the high court had recently ruled against the government and the “military necessity” argument in the Endo case, ordering unconditional release of a Japanese American woman being held by the authorities in a mainland camp. The Court’s decision came down in March 1946, ruling against the Army, finding the use of provost courts and takeover of the judicial powers while barring review by the federal courts as being in violation of the Hawai’i Organic Act. In a concurring opinion, Justice Frank Murphy strongly condemned the Army’s contention that the presence of so many ethnic Japanese in Hawai`i constituted a security threat warranting its strict regime; dissenting justices reiterated the rationale of the Japanese-American Cases: that it was “their business, not ours,” when the military in wartime decided that emergency conditions warranted curtailment of liberties.

Keywords:   Duncan v. Kahanamoku, White v. Steer, Edward Ennis, Garner Anthony, martial law, provost court justice, Chief Justice Harlan F. Stone, Justice Hugo L. Black, Justice Felix Frankfurter, Justice Harold Burton, Milligan doctrine

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