284

CLAIM OF \IOBUO MATSUI

lNo. 14ti-35-2tj53. De<;idetl August 20, 19511

FINDINGS O!' FACI'

* r+ * Clairnant was born in Sacramento, California' of

Japanese parents. + * * On Marcir n, L942, * * l in

anticipation of a,n order of exclusion, he voluntarily de-parted from Los Angeles and migrated beyond the area of

the Western l)efense Courtnancl to Fort Lupton, Co orado.

At the time of his departure, claimatrt owned a l2-tube

RCA radio with shortwave baud x * n. Because his

autornobile was fully packed with trecessaries and there

was no room for * t+ * other items, claimant left the ra-

dio * * * in the care of a Nlexican friend * * *. Upon

his return to California following the lifting of the Ex-

clusion Orders, clairnant sought to regain his property but

discovered that * * * his Mexican friend, whose present

whereabouts are unknown, denied ever receiving the radio.

REASONS FOR. DECISION

* * * Claimant's loss through the disappearance of hisradio is * * * compensable, Akiko Yag'i,ante, p. 11. * * *

ft is true, of course, that under General DeWitt's PublicProclamation No. 3 of i\{arch 24,lg42 (7 F' R. 2543), noperson of Japanese ancestry was permitted to have a short-wave radio in his possessiott within the Western DefenseCommand Area after March 31, 1942. Cf. Haruto To'm,ita, ante,p. L72. Since claimaut's possession of the radioon March 28, 1942, was lawful, however, and GeneralDeWitt's Proclamation was without effect in Colorado, itis clear that ciaimant could properly have taken the radiowith him. That he did not do so was due not to the re-

(II

I

)BUO MATSUI

3ideal August ?n, L9SLI

or FAcT

in Sacramento, California, of. Ma,rch n, L942, * * I inrxclusion, he voluntarily de-migrated beyond the area ofnd to Fort Lupton, Colorado., elaimant owned a l2-tube

band * * *. Because hiswith necessaries and thereitems, claimant left the ra-

exican friend * * n. Uponwing the lifting of the Ex-rt to regain his property butrxican friend, whose presentried ever receiving the radio.

i DECISION

Lgh the disappearance of hisiko Yagi, ante, p. Ll. re * *sr General DeWitt,s public24,t942 (7 F. R. 2543), nouspermitted to have a short-rithin the W.estern Defense31, 1942. Cf . Haruto To-ant's possession of the radioful, however, and Generalithout effect in Colorado. itlperly have taken the radioo so was due not to the re-

285

quirements of the proclamation, but to lack of availabletransportation facilities. Plainly, then, claimant's dis-position of the radio represented a proximate consequenceof his evacuation and the loss ensuing therefrom is com-pensable.