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Ex Parte Kumezo Kawato, 317 U.S. 69 (1942)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Ex Parte Kumezo Kawato, 317 U.S. 69 (1942)
Ex parte Kumezo Kawato No. 10, Original Argued October 12, 1942 Decided November 9, 1942 317 U.S. 69
ON PETITION FOR WRIT OF MANDAMUS
Syllabus
1. In an original proceeding in this Court upon a petition for a writ of mandamus to compel the District Court to proceed with the trial of a suit in admiralty, a contention that the writ should be denied because the District Court, although it had ordered the abatement of the suit for the duration of the war solely on the ground of the libellant’s status as an alien enemy, could have dismissed the libel on other grounds, particularly for claimed defects in the allegations of the libel, is irrelevant, since, if the suit was erroneously abated on the ground assigned, the libelant is entitled to have the District Court proceed with the action and pass upon the sufficiency of his allegations in an orderly way. P. 71.
2. Mandamus is the appropriate remedy where the District Court has erroneously ordered the abatement, for the duration of the war, of a suit in admiralty by a resident alien enemy. P. 71.
3. The ancient rule of the common law barring suits by resident alien enemies has survived only so far as necessary to prevent use of the courts to accomplish a purpose which might hamper the war effort or give aid to the enemy. P. 72.
4. The President not having made, under the Trading with the Enemy Act, any declaration as to "alien enemies," a resident alien enemy -- claiming wages and an allowance for maintenance and cure, arising out of his lawful employment as a seaman -- is not barred from the courts by § 7 of that Act. P. 75.
This conclusion is in accord with the legislative and administrative policy. P. 77.
5. The Trading with the Enemy Act was not intended, without Presidential proclamation, to affect resident aliens. P. 76.
Writ issued.
On petition for a writ of mandamus (leave to file granted, 316 U.S. 650) to compel the District Court to proceed with the trial of a suit in admiralty by a resident alien enemy.
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Chicago: U.S. Supreme Court, "Syllabus," Ex Parte Kumezo Kawato, 317 U.S. 69 (1942) in 317 U.S. 69 317 U.S. 70. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=ZBMUAFEKWJLK2FY.
MLA: U.S. Supreme Court. "Syllabus." Ex Parte Kumezo Kawato, 317 U.S. 69 (1942), in 317 U.S. 69, page 317 U.S. 70. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=ZBMUAFEKWJLK2FY.
Harvard: U.S. Supreme Court, 'Syllabus' in Ex Parte Kumezo Kawato, 317 U.S. 69 (1942). cited in 1942, 317 U.S. 69, pp.317 U.S. 70. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=ZBMUAFEKWJLK2FY.
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