Issue of Racial Motivation Debated in 2Nd Chin Trial Redress Lawsuit Filed Too Late, U.S. Govt. Contends

aci ic citize11 National Publication of the Japanese American Citizens League Newsstand: 25¢ (60e Postpaid) # 2.437 Vol. 104, No. 17 ISSN: 0030-8579 941 East 3rd St. Suite 200, Los Angeles, CA 90013 (213) 626·6936 Friday, May 1, 1987 Asians in Pa. Redress Lawsuit Filed Too City Greeted Late, U.S. Govt. Contends With Hostility by Karen Kai der-'9066. W ASHlNGTON - On the morn Although conceding that the CHESTER, Pa - In the last two ing of April 20, a line ofJapan ese internment, having been based years, atleast a dozen Asian busi Americans crossed the broad on cultural and racial reasons, nesses have opened here, drawn white marble plaza of the U.S. was a great wrong, Fried defend by opportunities that they saw in Supreme Court building. Stand ed the legality of the internment a withering city ripe for develop ing below the inscription "Equal and contended that "there was ment Justice Under Law," William nothing hidden or sneaky about The stores, operated mostly by Hohri and nearly 100 observers those awful judgments." Korean and Cambodian immi and supporters waited to hear Hohri's organization, National grants, have included ice cream oral arguments on the govern Council for Japanese American parlors, clothing stores, laun ment's petition to dismiss Hoh7i Redress, has contended thatgov dries, seafood stores and food v. United States. ernment manipulation of evi markets. More are on the way, Compensation for Property dence in the Korematsu, Hiraba _ according to city officials. CONSTITUENT CONCERNS - Maryland Congresswoman Connie The lawsuit was med in the yashi and Yasui Supreme Court ''It was a dying city," said Lee . Morella (right) and district office director Mary Brown met with JACL U.S. District Court in Washing cases was not uncovered until dom Morrison, the city's director representative K. Patrick Okura of Bethesda during an April 4 open house ton, D.C. in 1983 as a comprehen the 1980s and that the suit could of planning. 'They saw an oppor for constituents at her 8th District offioe in Wheaton. Okura asked Morella sive class action seeking dam not have been filed until recently. tunity, and they took advantage to co-sponsor redress bill H.R. 442 and later reported that she was "very ages for violati.on of constitutional Fried argued that those cases of it" supportive." Morella, a Republican, was elected to the House last year. rights and compensation for mon did not keep the suit from being Boycott Urged etary losses of Japanese Amer filed earlier because they applied only to the legality of specific But the Asian merchants icans interned during WW2. The are phases ofthe intel7lll1ent program finding that not everyone-not District Court granted a govern and not to issues of compensa even the mayor-is welcoming Issue ofRacial Motivation ment motion to dismiss the suit, tion For this the Solicitor them with open arms. but the Court ofAppeals reinstat reason. General said, any alleged wrong During the first week ofApru, ed the claim for compensation doing in those cases could have a coalition of Black business for unlawful taking of property. Debated in 2nd Chin Trial no effect on the timeliness of the owners called for a boycott of all The government's petition to the Supreme Courtseeks to eliminate of the damage action Asian merchants that operate in CINCINNATI - The question of Black neighborhoods and the this remaining claim for redress. Vigorous Questioning whether the 1982 beating death Solicitor General Charles Fried mayor was considering rezoning of Vincent Chin was racially mo Fried appeared unprepared the city to make it harder for new personally presented the govern for the pointed questioning by tivated was again raised in court ment's twofold argument for dis businesses to open. as the retrial of Ronald Ebens Justice Thurgood Marshall, who 'They put nothing in the com missal In its first argument, the asked, "What is the difference on charges of civil rights viola government said the lawsuit was munity; they don't participate in tions got under way April 21. between exclusion and killing?" originally filed in the wrong court Fried offered the opinion that the community," said Preston Lee, Convicted in 1984 a fish store owner and a member and sought to require the plain killing was worse, but was forced Ebens was convicted in a De of the coalition, called the Salva tiffs to reme the action in the to concede that although Japa ~ troit federal court in 1984, but an tion of Chester Committee. specialized U.S. Circuit Court nese Americans were eventually appeals court overturned the de Brenda Savage, owner of Bar While this would not bar the allowed to return to the west cision last year. When the De clay Mini-Market and head of the lawsuit, it would considerably Coast, many suffered devastating partment of Justice announced committee, said ber group would delay its progress by requiring financial losses. that it would retIy Ebens, the ask that Black customers not that an administrative claim be Justice John Paul Stevens vig trial was moved to Cincinnati be shop at the Asian stores. As a pursued before the case could orously questioned Fried on the cause of extensive publicity in next step, she said, the commit be heard and would subject the government's suppression of evi the Detroit might call for picketing in area suit to a renewal of the govern dence in the Hirabayashi and Ko tee The prosecution contended front of the establishments. ment's motion to dismiss. remat:stt cases. that Ebens, a fonner auto worker, The government's second line 'Not a Racial Issue' Vincent Chin Fried responded that the gov blamed Japan for the decline in of attack sought to bar the re ernment's failure to present evi "This is not a racial issue," she the U.S auto industry and killed dent began in a bar that featured maining portion of the lawsuit by dence repudiating the vie\\1S of said. "It is an economic issue." Chin because he was Asian. nude dancers). arguing that it was filed too late. West Coast military commander Savage and some Black own Jury selection for the retrial One man was excused after ad At the latest, Fried said, the sta Gen. John DeWitt was not legally ers say the Asians sell theirgoods was done by U.S. District Judge mittingthat he was prejudiced tute of limitations baning the relevant because government ar below cost in order to drive out Anna Diggs Taylor, who presided because "I still remember Pearl legal action expired ix years guments in the cases had been Black business owners and over the fU'St trial, along with two Harbor." Of the 12 finally select after President Gerald Ford's dominate the financial life of assistant U.S. attorneys and two ed, 10 were white and two were 1976 rescission of Executive Or- C.ootinued no page 2 Black neighborhoods. defense attorneys. Prospective Black 'They're tIying to destroy jurors were asked for their opin Defense attorney Frank Eaman Black businesses," said Justin ions about Chinese Americans, maintained that the incident, in Hayles, who owns a laundry and Chrysler (where Ebens worked), which Ebens repeatedly struck More Testiflers Scheduled mini-market nude bars, alcoholic beverages Chin in the head with a baseball and vulgar language (the inci- Continued on page 2 Continued on pagll 8 for Subcommittee Hearing WA HINGTON - The updated list ofwitnesse cheduled to testifY on Hou e bill HR 442 and H.R 1&31 on April 29 before Ogawa Wins, Hirota Defeated in Oakland the JudicislY Subcommittee on Admini b-ative Law and Go emm ntal R lations is a follow : by Mark J. Jue Rep NOlman Mineta and Robert Matsui (both D-Calif.), Dan At an April 9 candidates' fOl1lm De La Fu nt· also spok out Akaka (D-Hawaii) and DOll Young(R-Ala ka); i tantU.S. t OAKLAND, Calif. - Incumbent against rec nt probl ms of racial City Councilman Frank Ogawa sponsored by the Asian Pacific tomey neral Richard K Willard; AUgll MacB th, former Democratic Club and s veral violence direct d at Asian in was reelected with 56 percent of special cOlin el to th ommi ion 11 Wartim Relocation and other community organizations, Oakland. "Minoriti are alway Int· 111m nt of ivUian ; Am ricM Bar 0 iation chailnuu'l- the vote (19,952) and Patricia Hil'O mad · t.h scapegoats," he d ta was defeated in her attempt Ogawa stated, "Being the only 1 ct William Robinson; National JACL pre id nt Harry Ka..i i- Asian on the City Council, can dared. 'We all have the same Mi~ to win a seaton the Board ofEdu J hara; LEC x cutiv dh tor Gl'ayce y hara; Ma aoka address the needs of the commu· Fights to jobf-i and affordable of Go For Broke; pedal coum 1 Jolm Kirtland f tIl Al ut cation in the April 21 election. hOllsing. W nCC(~to educate peo A member oflhe council since nity more closely." orporation and Alcutian/Pribilofisland As ciation; and, ub 'Forgettblg Priorities' ple about our dif'f, rent cultUI S mUting ~nvrit t e n 'tat m nt, th mel'ican J \ i h Committ , 1966, Ogawa was elected as a can and about the reasons why immi didatc-at-large to the nino-mem ''The current City Council is H.R 442 would impl m nt th 1'OC0111111 ndations f th more preoccupied with redevel grants come to this country," (,WRI , which called fol' compen ation for Japan r\m 1'1- ber council I lis closest oppooont "We have some problems con was Ignacio De La Fuente, busi oping certain areas of Oakland cans and Al uts upro t d and con1i.n db.

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