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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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War’s Aftermath and the Courts

War’s Aftermath and the Courts

(p.321) Chapter Eighteen War’s Aftermath and the Courts
Bayonets in Paradise

Harry N. Scheiber

Jane L. Scheiber

University of Hawai'i Press

Several civil suits were filed against Generals Emmons, Richardson, Green, and Morrison by persons imprisoned as internees or on provost court convictions. The suits were vigorously resisted with aid of Army and Justice Department lawyers, and only one case went to trial. The plaintiff, Hans Zimmerman, who had opened the wartime campaign of litigation with his habeas petition in 1942, lost his case after General Emmons argued that he had acted “in good faith” to fulfil his responsibility for Hawai‘i's security. Issues of martial law soon receded from contention—and in many ways from historical memory—and Hawai`i embarked on a period of postwar economic expansion, marked by the improved social position and political influence of the Japanese American population. Meanwhile, however, several thousand Nikkei internees and their families, including many from Hawai`i, were held at the Tule Lake camp, where pro-Japan radicals had bullied a large number of prisoners into renouncing their American citizenship. Represented by a civil liberties attorney, they won a federal injunction against mass deportation to Japan, and a subsequent court decision ordered the Justice Department to individually interview the renunciants to determine their loyalty. The last decisions in the interview proceedings were not handed down until 1951.

Keywords:   Garner Anthony, martial law, civil indemnification suits, Wayne Collins, renunciation of citizenship, Tule Lake camp

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