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22

amount of 9828.10, which loss was a reasonable and na_tural consequence of his evacuation and has not beencornpensated for by insurance or otherwise.

NEASONS r,OR DECISION

The evidence of craimant's ross consisted arrnost en-tirely of his own sworn statements. He had no records ormemoranda showing where the above-mentioned itemswere purchased, or what they cost, and his recollectionconcerning the automobile and rugs was too vague to pro_vide any basis for their investigation. claimant did recallthat the bicycle was purcha*"d fo, cash in "1""* fO+i, uiIMeinstein's Department Store, San Francisco, for u p.i.ubetween $40 and $bb. Inqury at Weinstein,s revealea tiruttheyhad preserved no sales records for the year fO4t, anJeonsequently were unable to provide any informationabout the transaction' The claimant's possession of theautomobile, bicycle and rugs u.orrrd the time ofhis evaeuation was, however, corroborated by a familyfriend. Under these circumstances, it appears reasonableto conclude that the claimant did in fact own the property.

I,t has been found as a fact that exclusio" ora"r. f"._scribed certain kinds of things which an evacuated personshould take to assembry centers or relocation centers andIimited_all other personal property to what could be .a*_ried by hand. See Akiko yagi, an,ie, p.II. Claimant was,therefore, required either to store or to sell the above-Seltioned property. Claimant stated in his affidavit thathe decided against storage because of the .*p.rrru, ,irt,and uncertainties invorved. This decision was reasona.brgespecially in regard to the automobile and bicycle, r,vhichmight deteriorate rapidly in long-continued ,torrg". I;was known that the Government provided orrty oiitaoo,storage for automobiles, and that evacuated persons wereadvised at registration centers to sell their automobiles ifpossible. They were absolutely prohibited from taki,rgthem to reloeation centers, See-Riport of the Fed,eral Riserue Banlt of San Francisco * * x on its Operation, in

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easonable and na-and has not beenvise.

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rsisted almost en-: had no records orrmentioned itemsnd his recollections too vague to pro-llaimant did recallh in June 1941, atancisco', for a pricebein's revealed thatthe year 1941, andl any informations possession of thernd the time ofrated by a familyappears reasonableb own the property.clusion orders pre-r evacuated personrcation centers andwhat could be ear-11. Claimant was,to seIl the above-in his affidavit that' the expense, risk,ion was reasona.ble,and bicycle, rvhichtinued storage. Iti'ided only outdooruated persons wereheir automobiles ifibited from takingi of the Federal Re-o its Operations in

23Connectionwith Eua,cuationOperations* * * during 1g/1p,pp. 17-19; and exhibits 68 and 69. Claimant was 5g yearsof age at the time of his evacuation, and, with no meansof determining the probable duration of military control,had no assurance of ever returning to his former residence.Under these circumstances, claimant was not imprudentin seiling the property for ready cash, even at a substantialioss.

It is apparent that from the sale claimant reaiized sub-stantially less than the fair and reasonable value of theproperty. But it is common knowledge that at the timeof the sale there were thousands of Japanese in the areaconcerned who were in the same predicament as the claim_ant, and that many had decided, as he did, to sell theirproperty. Prospective buyers were &w&re of this situationand took advantage of it to purchase at abnormally lowprices. This is a familiar factual pattern in evacuationclaims, and nothing disclosed in the evidence and investi-gation suggests that the instant claim does not fallsquarely within it. In these circumstances such a loss bysale is allowable. Toshi Shimomaye, ante, p. L.

Physical inspection of the property was impossible, sinceit could not be found. Upon the evidence available, avaluation in the amount of 9390.60 is reasonable. Claim_ant received $62.50 from the proceeds of sale. Con_sequently, claimant sustained a loss in the amount ofS328.10, and is entitled to receive this surn under theabove-mentioned Act, as compensation for a loss of per-sonal property which was a reasonable and naturalconsequence of his evacuation.

This claim includes all interest of the marital com-munity in the subject property, since the wife is jurisdic-tionaliy eligible to claim for her interest in the communityproperty but has made no claim, and since the husbandunder California law has the power of management andcontrol of the community personai property, Deering,sCiuil Code of Calif ornia (LQ Q), S t7z; and may thereforeclaim for the whole.