Sunday, August 17, 2008

MORE PROOF OF DISLOYALTY

If they were alive at the time, they each got a $20,000 check and an apology anyway.

Think the kids at Bainbridge public schools will learn about this side of the history?

Today, Japanese Americans are big on using the "duress defense" to explain away acts of disloyalty. Japanese Americans need to acknowledge some of the darker chapters of their own history. This case is a good start.

http://bulk.resource.org/courts.gov/c/F2/258/258.F2d.109.15421_1.html

258 F.2d 109
NORIO KIYAMA, Appellant,
v.
John Foster DULLES, as Secretary of State, Appellee.
MIYOKO KIYAMA, Appellant,
v.
John Foster DULLES, as Secretary of State, Appellee.
No. 15421.
United States Court of Appeals Ninth Circuit.
August 11, 1958.
Rehearing Denied November 4, 1958.
Fred Okrand, Los Angeles, Cal., for appellants.
Laughlin E. Waters, U. S. Atty., Bruce A. Bevan, Jr., Richard A. Lavine, Los Angeles, Cal., for appellee.
Before FEE and CHAMBERS, Circuit Judges, and CHASE A. CLARK, District Judge.
CHASE A. CLARK, District Judge.
Complaint was filed in this case by Appellants (Plaintiffs below) on September 15, 1949. The cases were consolidated for trial and the trial had July 10, 1956 to July 13, 1956.
On August 27, 1956, the trial Judge rendered judgment in each case for the Appellee (Defendant below) and this appeal is from that judgment.
The record of the trial shows that Appellant Norio Kiyama was born on May 3, 1915, at Los Angeles, California, of Japanese parents, thus acquiring nationality of both the United States and of Japan. He was taken to Japan in 1922 and remained there to receive schooling until 1931 when he returned to the United States. He was at that time sixteen years old.
Appellant Miyoko Adachi Kiyama was born at Manhattan Beach, California, on October 21, 1921, of Japanese parents. During 1928 she was taken to Japan and remained there until sometime during 1938.
The appellants Norio Kiyama and Miyoko Kiyama were married in December, 1938. Neither ever registered to vote in an American election.
The record shows they are the parents of two children and that the births of the children in 1939 and 1941 were registered with the Japanese Consulate in order that Japanese citizenship might be obtained for the children.
On April 29, 1942, the Appellants, while residents of California, were evacuated along with other persons of Japanese descent, and were first sent to the Santa Anita Assembly Center of Arcadia, California, where they remained until about October, 1942, at which time they were transferred to the Gila River Relocation Center, Gila River, Arizona. While appellants were at Gila River Relocation Center from October, 1942 to October, 1943, the Center operated, except for the inconvenience resulting from detention, in much the same fashion as a community outside of the Center. Community government was established and in operation. There was full employment. Medical facilities were adequate. Education and recreational facilities were provided. The center was relatively peaceful with few, if any, disturbances.
On February 12, 1943, Appellant Norio Kiyama signed a form entitled "Statement of United States Citizen of Japanese Ancestry". In answer to questions 27 and 28 of this form [T 17-18] Appellant stated that he was unwilling to serve in the Armed Forces of the United States and was unwilling to swear unqualified allegiance to the United States and faithfully defend it from attack by foreign forces. He also indicated that he did not desire employment in any part of the United States.
On March 1, 1943, Appellant Miyoko Kiyama indicated that she desired no employment and would not take employment in any part of the United States. She also stated that she was unwilling to volunteer for the Army Nurse Corps or the Woman's Army Auxiliary Corps and was unwilling to swear unqualified allegiance to the United States of America and to forswear allegiance to the Japanese Emperor.
On June 30, 1943, Appellant Miyoko Kiyama signed a form entitled "Individual Request for Repatriation". In executing this form the appellant requested that she be repatriated to Japan.
On June 31, 1943, Norio Kiyama signed two forms entitled "Individual Request for Repatriation" and "Request for Repatriation — Family Summary". In executing these forms appellant requested that he and his family be repatriated to Japan. On July 28, 1943, Miyoko Kiyama again executed an "Individual Request for Repatriation."
During October, 1943, the appellants were transferred to the Tule Lake Segregation Center. Before being transferred they were given an opportunity to change their `No' answers to questions 27 and 28. The appellants failed to change answers knowing if they did not do so they would be transferred to Tule Lake.
After being transferred to the Tule Lake Segregation Center, Appellant Norio Kiyama became a member of the Hokoku Seinen-dan, a militant pro-Japanese organization. Appellant Miyoko Kiyama became a member of the Hokoku Joshi Seinen-Dan, which was the counterpart of the men's organization.
On April 27, 1944, Norio Kiyama signed a form entitled "Request for Repatriation — Family Summary". On this form appellant indicated a desire that he and the members of his immediate family be repatriated as a family group.
On October 15, 1944, both Norio and Miyoko Kiyama wrote letters to the Attorney General of the United States requesting advice as to what legal steps should be taken to renounce their American citizenship and the citizenship of their family.
On November 10, 1944, Norio and Miyoko Kiyama executed and submitted to the Attorney General a form entitled "Application for Permission to Renounce United States Nationality" in which they requested that their citizenship be renounced. On November 14, 1944, Appellant Norio Kiyama wrote a letter to the Attorney General seeking to add to his application by stating that he had military training while in Japan for three years under the Japanese Army.
On December 7, 1944, a hearing on Norio Kiyama's renunciation of citizenship was held, and at this hearing Appellant stated, among other things, that he desired to renounce his American citizenship; that he signed the application to renounce freely and voluntarily; that before Pearl Harbor his loyalty was to Japan and that his loyalty was still with Japan; that he hoped and believed that Japan would win the war; that "The Spirit of Japan is so strong it will be able to win" and that "I think the Emperor is the highest power and I worship him".
On December 7, 1944, Miyoko Kiyama's renunciation of citizenship hearing was held. At this meeting she stated, among other things, that she signed the application to renounce citizenship freely and voluntarily, that when she returned to this country in 1938 her loyalty was to Japan rather than to the United States; that before December 7, 1941, her loyalty was with Japan; that her loyalty was still with Japan; and that she would like to see Japan win the war.
Norio Kiyama renounced his citizenship at Tule Lake on December 13, 1944, by signing a form entitled "Renunciation of United States Nationality". Appellant Miyoko Kiyama renounced her citizenship on December 12, 1944. On December 23, 1944, these renunciations were approved by the Attorney General as not being contrary to the interests of National Defense.
On December 27, 1944, Norio Kiyama was removed from Tule Lake and interned at the Internment Camp at Santa Fe, New Mexico. Said appellant was designated as one of the leaders in the reign of terror in Tule Lake, referred to in Finding of Fact 35 in Acheson v. Murakami, 9 Cir., 1949, 176 F.2d 953.
On October 19, 1945, Norio Kiyama signed a form letter entitled "Petition for Repatriation" in which he requested that his family be repatriated to Japan. On or about March 1, 1945, Norio Kiyama signed and submitted to the Attorney General a letter in which, among other things, he requested that he be furnished with a Certificate of expatriation.
On September 27, 1945, while still at Santa Fe Internment Camp he signed a form entitled "Application for Repatriation" on which he indicated a desire to be repatriated to Japan unconditionally and whether or not his family accompanied him. On this form he stated, among other things, "I have been always loyal to Japan during the war and I have no intention to change my loyalty to any other country at this time."
On or about December 28 1945, Appellants voluntarily left the United States and returned to Japan. They remained in Japan from sometime during 1946 until sometime during 1950 at which time they returned to the United States on a Certificate of Identity for the purpose of prosecuting this action.
Appellants make the following assignments of error (the same as to each appellant),
1. The trial Court erred in failing to adjudge that the Appellants are citizens of the United States and did not lose their United States citizenship by reason of their renunciations at Tule Lake;
2. The trial Court erred in failing to find, conclude and hold that Appellants' renunciations at Tule Lake were under duress and coercion;
3. The trial Court erred in holding that the burden rested upon the Appellants to prove that their renunciations of the United States nationality was involuntary;
4. The trial Court's findings and conclusions that Appellants' renunciations at Tule Lake were voluntary and not under duress and coercion is not supported by the evidence.
The record as presented here convinces this Court that there is no merit in any of the assignments of error set out by the Appellants. See Tsuyoshi Iwamoto v. Dulles, 9 Cir., 256 F.2d 100.
The acts and utterances of the appellants throughout the entire time mentioned in this proceeding leave no doubt as to where their loyalty was and would be again if tested.
Judgment affirmed.

6 Comments:

At August 18, 2008 9:09 AM, Blogger Friends of Historical Accuracy said...

Exhibit G:

'Tule Lake Center 'Newell, California 'October 15, 1944

'Honorable Francis Biddle

'Attorney General

'State Department of Justice

'Washington, D.C.

'Honorable Francis Biddle:

'Please permit me to inquire upon the problem I am confronted with concerning renounciation of American citizenship.

'A year ago my wife and I arrived at this Tule Lake Segregation Center as the result of our loyalty to Japan and wishing expatriation at the first opportunity offered. Our daughters, Akemi and Masumi Kiyama, were born to us in United States of America and we wish to take them with us to Japan upon our going.

'I have read in the newspaper in the early part of July of the Denaturalization Bill when it was passed by the United States Congress and signed by the United States President. My family and I, too, are immensely interested in this matter of relinquishing our American citizenship as we are determined on our returning to Japan. I am a bearer of dual citizenship, and my desire to return to Japan is great. As my family and I have no further need of our American citizenship, I would very much appreciate to have our American citizenship renounced and regard the members of my family as Japanese nationals.

'After reading the denationalization article in the papers, I was anxiously waiting for the day that this Bill would go into effect. As the Bill has already passed the Congress and signed by the President, I expected the application for denationalization to take place within sixty days. To date, this has not materialized. As I am very anxious to make my application, I appealed to you for some information which you may have concerning renounciation of citizenship. I sincerely would appreciate your kindness if you could advise me as to what legal steps I should take.

'Thanking you in advance, I remain

'Respectfully yours, '(s) (Mr.) Norio Kiyama (29) Years

'P.S. My daughters' ages are:

'M Akemi Kiyama-- 4 years 11 month. 'Masumi Kiyama-- 3 years 2 month.'

 
At August 18, 2008 9:09 AM, Blogger Friends of Historical Accuracy said...

Exhibit I:

'Tule Lake Center 'Newell, California 'November 14, 1944

'Honorable Francis Biddle

'Attorney General

'Department of Justice

'Washington 25, D.C.

'Honorable Francis Biddle:

'On the Question No. 8 of the 'Application for Permission to Renounce United States Nationality' pertaining to military service or training, I forgot to mention that I had a temporary exemption from the Japanese military service before and up until December 7, 1941 and also I have had military training while attending Yasugi Nogakko in Shimane-ken, Japan for 3 years under the Japanese Army but had no rank.

'Will you please add this to my application. Thanking you in advance, I remain

'Sincerely yours, '(s) Norio Kiyama

'P.S. I was training for 3 years from 1928 to 1931.'

 
At August 18, 2008 9:10 AM, Blogger Friends of Historical Accuracy said...

Exhibit J:

'Kiyama, Norio-- Calendar #9 #9250

December 7, 1944

'Hearing of Renunciation of Nationality. Hearing conducted by: Hearing Officer,

John L. Burling, Dept. of Justice

Interpreter: Miss Georgia Newbury 'Stenographer: Henrietta Thomas (Note: Subject does not speak good English-- hearing conducted through interpreter).

'Q. I have been designated by the Attorney General as a Hearing Officer to hear cases of persons who wish to renounce their nationality and I have also been designated as an officer before whom persons may make a written renunciation of their nationality. Do you understand? A. Yes, I have no further need for my citizenship and do not want it.

'Q. I will show you an application for permission to renounce United States citizenship and ask you if that is your signature? A. Yes, that is my signature.

'Q. Did you sign this paper freely and voluntarily? A. Yes, it was my own wish.

'Q. Did any organization, group or individual urge you to renounce your citizenship? A. No.

'Q. Do you understand that if you renounce your citizenship you will abandon forever any legal rights that you may have as a citizen of the United States? A. Yes, I understand.

'Q. I will show you a letter addressed to the Attorney General, dated October 13, 1944, and ask you if that is your signature? A. Yes, that is my signature.

'Q. Who wrote that letter? A. I wrote it.

'Q. How could you? You can't speak English. A. I wrote it with the aid of the dictionary.

'Q. It is impossible to write a letter with those grammatical expressions if you don't speak English even though you do have a dictionary. A. Someone helped me.

'Q. Who helped you? A. I do not know his name.

'Q. Where does he live? A. I don't want to tell his name.

'Q. You do know his name but you won't tell us. Is that it? A. I know his name but I am not saying it. He is a well known person.

'Q. How old were you when you left the United States? A. Seven years old.

'Q. You were sixteen when you returned? A. Yes.

'Q. Why did you return to this country? A. Just to travel. I came just for a trip.

'Q. Did you intend to return to Japan? A. Yes.

'Q. When you returned to this country was your loyalty to Japan or the United States? A. Because I am a Japanese, I think it is clear what I will answer to that question. I am a Japanese.

'Q. Before Pearl Harbor was your loyalty to Japan or the U.S.? A. Japan.

'Q. Is that true today? A. Yes. I have never changed my mind.

'Q. Do you hope that Japan will win the war? A. Yes.

'Q. Do you think Japan will win the war? A. Yes.

'Q. How? A. The spirit of Japan is so strong it will be able to win.

'Q. How do you regard the Emperor? A. I think the Emperor is the highest power and I worship him.

'Kiyama: I am concerned about the letter form that you asked me about. If I say anything about it, will I be checked upon or will anything be done about getting the other person in trouble?

'Burling: No.'

 
At March 13, 2009 3:25 PM, Blogger Joseph Yoshimasu Kamiya said...

By no means should the Kiyama's represent Japanese-Americans or a "dark chapter" in their history. Being born in America and acquiring American citizenship doesn't mean you're American.

During their internment, the Kiyama's swore allegiance to Japan and requested repatriation on numerous occasions. I see them as Japanese citizens living in America at the wrong time. Again, citizenship doesn't determine everything.

Several Japanese-Americans were sent to Japan for schooling. Many Issei feel it's important for their children to carry on Japanese language, culture, and traditions. I fail to understand why you decided to highlight that section of the document.

I'm not defending the Kiyama's or disregarding your facts. I'm only defending the dignity of Japanese-Americans who were loyal and remain loyal to their country.

Every group has a handful of people who disgrace the dignity of the whole, but based on the posts I've read so far, you seem to overlook that in order to get your point across.

I do agree that the European-American internments should receive more attention and I'm interested to learn more. Although, I don't buy into the conspiracy theory that the Holocaust and Japanese-American organizations are fighting to keep it a secret.

 
At April 29, 2010 11:28 AM, Blogger Friends of Historical Accuracy said...

The testimony shows they swore loyalty to Japan before Pearl Harbor, not uncommon for ethnic Japanese living in America who were Japanese subjects or dual citizens.

I agree defending the dignity of loyal Japanese Americans during the war in honorable. However what needs to be acknowledged is that upwards of 25% where considered disloyal, according to the Ringle memo.

The "many Japan sympathizers" among the Issei were those described by the Los Angeles office of the Office of Naval Intelligence at the time as those who "might well do surreptitious observation work for Japanese interests if given a convenient opportunity." Of course nobody really knew how many there were or the identity of most of them. What was known was that the numbers were large and that their presence at large in the military areas of the West Coast would be at considerable security risk to the nation. Bear in mind that those of Japanese descent, alien and citizen, living elsewhere were not disturbed by the evacuation orders at all.

As for conspiracy theories, I don't know where Holocaust organizations came from, but there is no doubt the JACL and Japanese American activists went out of their way to exclude the inclusion of European internees during the 1980s commission hearings.

As an example, the Texas Board of Education recently adopted a measure to include European internees in school textbooks. Did you read the official response by the JACL?

 
At April 29, 2010 11:39 AM, Blogger Friends of Historical Accuracy said...

One more...regarding your comment,

"Several Japanese-Americans were sent to Japan for schooling. Many Issei feel it's important for their children to carry on Japanese language, culture, and traditions. I fail to understand why you decided to highlight that section of the document."

Are you familiar with the Japanese education system of the 1930s?

"By the eve of all-out war with China, Japanese Public schools, under orders from the Ministry of Education, were inculcating Shinto mythology as if it were historical fact: emporer ideology had become fused with anti-western sentiment: and a coceptual ground had been prepared for the transformation of Hirohito into a benevolent pan-Asian monarch defending not only Japan, but all of Asia from Western encroachment."

-Bix, Hirohito, p. 283

The Japanese Ministry of Education was controlled by the militarists who, "To deliver the lectures and teach new courses, they enlisted specialists in Japanese racial thought, academic opponents of liberalism and advocates of Nazi theories of law".

-Masuda Tomoko, "Tenno kikansetsu haigeki jiken to kokutai meicho undo" p. 173 (199

"You must remember that only a trick of fate has brought you so far from your homeland, but their must be no question of your loyalty. When Japan calls, you must know it is Japanese blood that flows in your veins."
Daniel K. Inouye with Lawrence Elliot, Journey to Washington, Prentice Hall 1967, pages 36-37.

The kibei of which there were thousands, returned to the USA more Japanese than American after a number of years in the Japan's military controlled education system.

 

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