Minoru Yasui
Encyclopedia
Minoru "Min" Yasui was a Japanese American
lawyer from Oregon
. Born in Hood River, Oregon
, he earned both an undergraduate degree and his law degree at the University of Oregon
. He was one of the few Japanese Americans after the bombing of Pearl Harbor
who fought laws that directly targeted Japanese Americans or Japanese immigrants. His case was the first case to test the constitutionality of the curfews targeted at minority groups.
His case would make its way to the United States Supreme Court
, where his conviction for breaking curfew was affirmed. After internment during most of World War II
, he moved to Denver, Colorado
in 1944. In Denver, Yasui married and became a local leader in civic affairs, including leadership positions in the Japanese American Citizens League
. In 1986, his criminal conviction was overturned by the federal court.
, on October 19, 1916, Minoru Yasui was the son of Japanese immigrants Shidzuyo and Masuo Yasui. The third son of nine children born to this fruit-farming family, he graduated from the local high school in Hood River in 1933. At the age of eight he spent a summer in Japan, and later was enrolled in a Japanese language school in Oregon for three years. Yasui went on to college after high school at the University of Oregon
in Eugene
. At the school Yasui earned a bachelor's degree from the school in 1937 and a law degree from the University of Oregon Law School in 1939. He also was a member of the United States Army's Reserve Officer Training Corps (ROTC) program at the university, earning a commission after graduation in 1937. ROTC was a requirement of all male students during this time period for the first two years of the four year program. Yasui was commissioned on December 8, 1937, as a second lieutenant
in the Army's Infantry Reserve.
After law school he passed the bar
and began practicing law in Portland, Oregon
in 1939. He found it hard to find work in Portland, but through the connections of his father, he started working for the Japanese government at its consulate in Chicago, Illinois. He was employed as one of several Consular attachés at that office, mainly doing clerical work. Following the attack on Pearl Harbor
, which drew the United States into World War II
against Japan
and Germany
, Yasui resigned his position with the consulate on December 8, 1941.
at the Vancouver
Barracks in neighboring Washington, but was denied from serving on nine occasions. He was arrested on December 13, 1941, by the Federal Bureau of Investigation
as an enemy alien
, and had his assets frozen. After release, he moved to Portland and opened a private law practice. President Franklin D. Roosevelt
signed Executive Order 9066
on February 19, 1942, that allowed the military to set up exclusion zones, curfews, and ultimately the internment of Japanese Americans
during the war.
On March 28, 1942, Yasui deliberately broke the military implemented curfew in Portland, by walking around the downtown area and then presenting himself at a police station after 11:00 pm in order to test the curfew’s constitutionality. He first asked an officer on the street to arrest him but was told to "Run along home, sonny boy," and so he walked into the police station. Later, on bail, he learned that a grand jury had indicted him. After the notice was given for the Japanese to evacuate, Yasui notified the authorities that he had no intentions of complying, and went to his family's home in Hood River. This violated another law restricting travel of Japanese Americans, and authorities arrested him in Hood River.
Yasui had consulted a friend in the FBI prior to arrest, and consulted with other legal minds to try and test the legality of the orders
. At trial he was defended by private attorney Earl Bernard. Gus J. Solomon
, later a judge for the same court, had asked the national American Civil Liberties Union
to defend Yasui as no local Oregon groups elected to support Yasui. One part of the strategy was to proceed with a non-jury trial, leaving the decision only to the judge. Solomon was asked by Fee to help advise the court on the issues, along with eight other attorneys. At his trial, federal judge James Alger Fee
came to the conclusion that laws specifically targeting a race, such as the curfew, were unconstitutional when applied to citizens. However, he also declared in his November 16, 1942, decision that Yasui had demonstrated his loyalty to Japan
and was therefore no longer a U.S. citizen
. Yasui was sentenced to one year in prison and given a $5000 fine.
Yasui waited nine months for his chance in court for appeal. During this time he was incarcerated at the Multnomah County Jail in Portland, and later sent to the Minidoka War Relocation Center in Idaho
. When that chance finally came, the case went first to the Ninth Circuit briefly, but was then moved on to the Supreme Court. There the judges came to the conclusion that Yasui was still a U.S. citizen. After a few days on June 21, 1943, however, in Yasui v. United States
, the court ruled unanimously that the government did have the authority to restrict the lives of civilian citizens during wartime, deciding the case as a companion case to Hirabayashi v. United States
. Yasui was sent back to Fee, who removed the fine and decided that the time already served was enough of a punishment. Yasui was released and moved into the Japanese internment camps
.
, in September 1944. There he passed the bar in June 1945, but was only admitted to practice law after an appeal to the Colorado Supreme Court
. The following year in November he married former internee True Shibata, and they would have three daughters together, Iris, Holly, and Laurel.
Living in Denver, Yasui became involved with community relations, serving on committee set up by the mayor, and later from 1959 to 1983 on the Commission on Community Relations. This commission dealt with race relations and other social issues, with Yasui as executive director from 1967 to 1983. In 1954, he was chairman of the Japanese American Citizens League
’s (JACL) district covering Colorado, Wyoming, Texas, Nebraska, New Mexico, and Montana. The Minoru Yasui Community Service Award was started in 1974 by Denver community leaders, and is awarded annually to Denver area volunteers.
In 1976, Yasui began working on the JACL’s committee concerning redress for the internment during World War II. He continued on that committee until 1984, serving as its chairman in 1981. He also filed in federal district court in Oregon
a coram nobis
to attempt to overturn his conviction in 1984. His conviction was overturned by the Oregon federal court in 1986. Minoru Yasui died on November 12, 1986, and is buried in his hometown of Hood River.
Japanese American
are American people of Japanese heritage. Japanese Americans have historically been among the three largest Asian American communities, but in recent decades have become the sixth largest group at roughly 1,204,205, including those of mixed-race or mixed-ethnicity...
lawyer from Oregon
Oregon
Oregon is a state in the Pacific Northwest region of the United States. It is located on the Pacific coast, with Washington to the north, California to the south, Nevada on the southeast and Idaho to the east. The Columbia and Snake rivers delineate much of Oregon's northern and eastern...
. Born in Hood River, Oregon
Hood River, Oregon
The city of Hood River is the seat of Hood River County, Oregon, United States. It is a port on the Columbia River, and is named for the nearby Hood River. As of the 2000 census, the city population was 5,831...
, he earned both an undergraduate degree and his law degree at the University of Oregon
University of Oregon
-Colleges and schools:The University of Oregon is organized into eight schools and colleges—six professional schools and colleges, an Arts and Sciences College and an Honors College.- School of Architecture and Allied Arts :...
. He was one of the few Japanese Americans after the bombing of Pearl Harbor
Attack on Pearl Harbor
The attack on Pearl Harbor was a surprise military strike conducted by the Imperial Japanese Navy against the United States naval base at Pearl Harbor, Hawaii, on the morning of December 7, 1941...
who fought laws that directly targeted Japanese Americans or Japanese immigrants. His case was the first case to test the constitutionality of the curfews targeted at minority groups.
His case would make its way to the United States Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
, where his conviction for breaking curfew was affirmed. After internment during most of World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
, he moved to Denver, Colorado
Denver, Colorado
The City and County of Denver is the capital and the most populous city of the U.S. state of Colorado. Denver is a consolidated city-county, located in the South Platte River Valley on the western edge of the High Plains just east of the Front Range of the Rocky Mountains...
in 1944. In Denver, Yasui married and became a local leader in civic affairs, including leadership positions in the Japanese American Citizens League
Japanese American Citizens League
The was formed in 1929 to protect the rights of Japanese Americans from the state and federal governments. It fought for civil rights for Japanese Americans, assisted those in internment camps during World War II, and led a successful campaign for redress for internment from the U.S...
. In 1986, his criminal conviction was overturned by the federal court.
Early life
Born in Hood River, OregonHood River, Oregon
The city of Hood River is the seat of Hood River County, Oregon, United States. It is a port on the Columbia River, and is named for the nearby Hood River. As of the 2000 census, the city population was 5,831...
, on October 19, 1916, Minoru Yasui was the son of Japanese immigrants Shidzuyo and Masuo Yasui. The third son of nine children born to this fruit-farming family, he graduated from the local high school in Hood River in 1933. At the age of eight he spent a summer in Japan, and later was enrolled in a Japanese language school in Oregon for three years. Yasui went on to college after high school at the University of Oregon
University of Oregon
-Colleges and schools:The University of Oregon is organized into eight schools and colleges—six professional schools and colleges, an Arts and Sciences College and an Honors College.- School of Architecture and Allied Arts :...
in Eugene
Eugene, Oregon
Eugene is the second largest city in the U.S. state of Oregon and the seat of Lane County. It is located at the south end of the Willamette Valley, at the confluence of the McKenzie and Willamette rivers, about east of the Oregon Coast.As of the 2010 U.S...
. At the school Yasui earned a bachelor's degree from the school in 1937 and a law degree from the University of Oregon Law School in 1939. He also was a member of the United States Army's Reserve Officer Training Corps (ROTC) program at the university, earning a commission after graduation in 1937. ROTC was a requirement of all male students during this time period for the first two years of the four year program. Yasui was commissioned on December 8, 1937, as a second lieutenant
Lieutenant
A lieutenant is a junior commissioned officer in many nations' armed forces. Typically, the rank of lieutenant in naval usage, while still a junior officer rank, is senior to the army rank...
in the Army's Infantry Reserve.
After law school he passed the bar
Bar (law)
Bar in a legal context has three possible meanings: the division of a courtroom between its working and public areas; the process of qualifying to practice law; and the legal profession.-Courtroom division:...
and began practicing law in Portland, Oregon
Portland, Oregon
Portland is a city located in the Pacific Northwest, near the confluence of the Willamette and Columbia rivers in the U.S. state of Oregon. As of the 2010 Census, it had a population of 583,776, making it the 29th most populous city in the United States...
in 1939. He found it hard to find work in Portland, but through the connections of his father, he started working for the Japanese government at its consulate in Chicago, Illinois. He was employed as one of several Consular attachés at that office, mainly doing clerical work. Following the attack on Pearl Harbor
Attack on Pearl Harbor
The attack on Pearl Harbor was a surprise military strike conducted by the Imperial Japanese Navy against the United States naval base at Pearl Harbor, Hawaii, on the morning of December 7, 1941...
, which drew the United States into World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
against Japan
Japan
Japan is an island nation in East Asia. Located in the Pacific Ocean, it lies to the east of the Sea of Japan, China, North Korea, South Korea and Russia, stretching from the Sea of Okhotsk in the north to the East China Sea and Taiwan in the south...
and Germany
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
, Yasui resigned his position with the consulate on December 8, 1941.
World War II
Yasui returned to Hood River from Chicago after his father requested that he come home in order to report for military duty. After returning to Hood River, he tried to report for duty with the United States ArmyUnited States Army
The United States Army is the main branch of the United States Armed Forces responsible for land-based military operations. It is the largest and oldest established branch of the U.S. military, and is one of seven U.S. uniformed services...
at the Vancouver
Vancouver, Washington
Vancouver is a city on the north bank of the Columbia River in the U.S. state of Washington. Incorporated in 1857, it is the fourth largest city in the state with a 2010 census population of 161,791 as of April 1, 2010...
Barracks in neighboring Washington, but was denied from serving on nine occasions. He was arrested on December 13, 1941, by the Federal Bureau of Investigation
Federal Bureau of Investigation
The Federal Bureau of Investigation is an agency of the United States Department of Justice that serves as both a federal criminal investigative body and an internal intelligence agency . The FBI has investigative jurisdiction over violations of more than 200 categories of federal crime...
as an enemy alien
Enemy alien
In law, an enemy alien is a citizen of a country which is in a state of conflict with the land in which he or she is located. Usually, but not always, the countries are in a state of declared war.-United Kingdom:...
, and had his assets frozen. After release, he moved to Portland and opened a private law practice. President Franklin D. Roosevelt
Franklin D. Roosevelt
Franklin Delano Roosevelt , also known by his initials, FDR, was the 32nd President of the United States and a central figure in world events during the mid-20th century, leading the United States during a time of worldwide economic crisis and world war...
signed Executive Order 9066
Executive Order 9066
United States Executive Order 9066 was a United States presidential executive order signed and issued during World War II by U.S. President Franklin D. Roosevelt on February 19, 1942 authorizing the Secretary of War to prescribe certain areas as military zones...
on February 19, 1942, that allowed the military to set up exclusion zones, curfews, and ultimately the internment of Japanese Americans
Japanese American internment
Japanese-American internment was the relocation and internment by the United States government in 1942 of approximately 110,000 Japanese Americans and Japanese who lived along the Pacific coast of the United States to camps called "War Relocation Camps," in the wake of Imperial Japan's attack on...
during the war.
Yasui had consulted a friend in the FBI prior to arrest, and consulted with other legal minds to try and test the legality of the orders
Japanese American redress and court cases
The following focuses on significant court cases that have shaped civil and human rights for Japanese Americans, as well as for other minorities. These cases have been the cause and/or catalyst to many changes in United States law. But mainly, they have resulted in adjusting the perception of Asian...
. At trial he was defended by private attorney Earl Bernard. Gus J. Solomon
Gus J. Solomon
Gus Jerome Solomon was a United States federal judge.Born in Portland, Oregon, was the child of immigrant Jewish parents, his father having been born in Romania and his mother in Russia. Solomon received a Ph.B. from the University of Chicago in 1926 and an LL.B. from Stanford Law School in 1929...
, later a judge for the same court, had asked the national American Civil Liberties Union
American Civil Liberties Union
The American Civil Liberties Union is a U.S. non-profit organization whose stated mission is "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States." It works through litigation, legislation, and...
to defend Yasui as no local Oregon groups elected to support Yasui. One part of the strategy was to proceed with a non-jury trial, leaving the decision only to the judge. Solomon was asked by Fee to help advise the court on the issues, along with eight other attorneys. At his trial, federal judge James Alger Fee
James Alger Fee
James Alger Fee was a United States federal judge from Oregon. He served as a federal district court judge in Portland, Oregon, and as a judge on the United States Court of Appeals for the Ninth Circuit in the 1950s. A veteran of the United States Army, his first judicial position was with the...
came to the conclusion that laws specifically targeting a race, such as the curfew, were unconstitutional when applied to citizens. However, he also declared in his November 16, 1942, decision that Yasui had demonstrated his loyalty to Japan
Japan
Japan is an island nation in East Asia. Located in the Pacific Ocean, it lies to the east of the Sea of Japan, China, North Korea, South Korea and Russia, stretching from the Sea of Okhotsk in the north to the East China Sea and Taiwan in the south...
and was therefore no longer a U.S. citizen
United States nationality law
Article I, section 8, clause 4 of the United States Constitution expressly gives the United States Congress the power to establish a uniform rule of naturalization. The Immigration and Naturalization Act sets forth the legal requirements for the acquisition of, and divestiture from, citizenship of...
. Yasui was sentenced to one year in prison and given a $5000 fine.
Yasui waited nine months for his chance in court for appeal. During this time he was incarcerated at the Multnomah County Jail in Portland, and later sent to the Minidoka War Relocation Center in Idaho
Idaho
Idaho is a state in the Rocky Mountain area of the United States. The state's largest city and capital is Boise. Residents are called "Idahoans". Idaho was admitted to the Union on July 3, 1890, as the 43rd state....
. When that chance finally came, the case went first to the Ninth Circuit briefly, but was then moved on to the Supreme Court. There the judges came to the conclusion that Yasui was still a U.S. citizen. After a few days on June 21, 1943, however, in Yasui v. United States
Yasui v. United States
Yasui v. United States, 320 U.S. 115 was a United States Supreme Court case regarding the constitutionality of curfews used during World War II when they were applied to citizens of the United States. The case arose out of the implementation of Executive Order 9066 by the U.S...
, the court ruled unanimously that the government did have the authority to restrict the lives of civilian citizens during wartime, deciding the case as a companion case to Hirabayashi v. United States
Hirabayashi v. United States
Hirabayashi v. United States, 320 U.S. 81 , was a case in which the United States Supreme Court held that the application of curfews against members of a minority group were constitutional when the nation was at war with the country from which that group originated. Yasui v...
. Yasui was sent back to Fee, who removed the fine and decided that the time already served was enough of a punishment. Yasui was released and moved into the Japanese internment camps
War Relocation Authority
The War Relocation Authority was a United States government agency established to handle internment of Japanese-, German-, and Italian-Americans during World War II...
.
Later years
In 1944, Yasui was allowed to leave the internment camp in the summer and was employed in Chicago before moving to Denver, ColoradoDenver, Colorado
The City and County of Denver is the capital and the most populous city of the U.S. state of Colorado. Denver is a consolidated city-county, located in the South Platte River Valley on the western edge of the High Plains just east of the Front Range of the Rocky Mountains...
, in September 1944. There he passed the bar in June 1945, but was only admitted to practice law after an appeal to the Colorado Supreme Court
Colorado Supreme Court
The Colorado Supreme Court is the highest court in the U.S. state of Colorado. Located in Denver, the Court consists of a Chief Justice and six Associate Justices.-Appellate jurisdiction:...
. The following year in November he married former internee True Shibata, and they would have three daughters together, Iris, Holly, and Laurel.
Living in Denver, Yasui became involved with community relations, serving on committee set up by the mayor, and later from 1959 to 1983 on the Commission on Community Relations. This commission dealt with race relations and other social issues, with Yasui as executive director from 1967 to 1983. In 1954, he was chairman of the Japanese American Citizens League
Japanese American Citizens League
The was formed in 1929 to protect the rights of Japanese Americans from the state and federal governments. It fought for civil rights for Japanese Americans, assisted those in internment camps during World War II, and led a successful campaign for redress for internment from the U.S...
’s (JACL) district covering Colorado, Wyoming, Texas, Nebraska, New Mexico, and Montana. The Minoru Yasui Community Service Award was started in 1974 by Denver community leaders, and is awarded annually to Denver area volunteers.
In 1976, Yasui began working on the JACL’s committee concerning redress for the internment during World War II. He continued on that committee until 1984, serving as its chairman in 1981. He also filed in federal district court in Oregon
Oregon
Oregon is a state in the Pacific Northwest region of the United States. It is located on the Pacific coast, with Washington to the north, California to the south, Nevada on the southeast and Idaho to the east. The Columbia and Snake rivers delineate much of Oregon's northern and eastern...
a coram nobis
Coram nobis
Coram nobis or coram vobis also known as error coram nobis or error coram vobis is a legal writ issued by a court to correct a previous error "of...
to attempt to overturn his conviction in 1984. His conviction was overturned by the Oregon federal court in 1986. Minoru Yasui died on November 12, 1986, and is buried in his hometown of Hood River.
See also
- Gordon HirabayashiGordon HirabayashiGordon Kiyoshi Hirabayashi is an American sociologist , best known for his principled resistance to the Japanese American internment during World War II, and the court case which bears his name, Hirabayashi v. United States.-Biography:Hirabayashi was born in Seattle to a Christian family who were...
- Fred KorematsuFred Korematsuwas one of the many Japanese-American citizens living on the West Coast during World War II. Shortly after the Imperial Japanese Navy attacked Pearl Harbor, President Franklin D. Roosevelt issued Executive Order 9066, authorizing the Secretary of War and his military commanders to require all...