“Delineation” and Restoration, 1942–1943

Harry N. Scheiber and Jane L. Scheiber

in Bayonets in Paradise

Published by University of Hawaii Press

Published in print February 2016 | ISBN: 9780824852887
Published online November 2016 | e-ISBN: 9780824868727
“Delineation” and Restoration, 1942–1943

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During 1942 and 1943, Stainback, now governor, joined by Secretary of the Interior Harold Ickes and Attorney General Francis Biddle, pressured the War Department and President Roosevelt to order at least a partial restoration of civilian authority in the Islands. In August 1942 they concluded an agreement for “delineation” of functions, restoring partial jurisdiction by civilian courts over criminal law matters, but with military tribunals still exercising jurisdiction over the 80,000 civilians engaged in defense-related work. The Military Governor issued new orders that apparently negated key parts of the agreement, leading to an intensification of the pressures on the War Department. After additional interdepartmental meetings in Washington, further modifications were ordered; and the President finally intervened personally, requiring some restoration of government functions to the civilian officials. He also instructed that General Green, the Executive, should be replaced. “Restoration Day” was celebrated in March, 1943. Nonetheless, habeas remained suspended and the Army still retained final authority in areas of Hawai`i life related to defense.

Keywords: restoration; civil government; due process; War Department; Department of Justice; Department of the Interior; J. Garner Anthony; Samuel Wilder King; Ingram Stainback; John J. McCloy

Chapter.  9926 words.  Illustrated.

Subjects: Regional and Area Studies

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