178

CLAIM OF SAM TAKA

INo. 146-35-13634' Deciclecl fi'ebruarv 28' 1951]

FINDINGS OF FACT

This claim was received by the Attorney General

on December L9, 1949, and is in the amount' of $770'The claim involves loss on saJe of c'ommunity property of

the claimant and his wife, Kanaye Taka, namely, a trac-

tor, a disk harrow and a spring tooth harrow, a safe, a

,udio, a refrigerator, and a sewing machine' Prior to his

evacuation claimant had been a farm laborer' Claimant

was born in Japan on November 2, 1877, of Japaneseparents. His wife is also of Japanese ancestry' On May-28,

1950, he and his wife voluntarily returned to Japan

without governmental compulsion or assistance, but until

that time neither of them, since December 7, 1'941', had

gone to Japan. On Decembet 7, L94I, and for some time

prior thereto, claimant resided in Parlier, Fresno County,

balifornia, from which place he and his wife were evacu-

ated on August 2,L942, under military orders pursuant to

Executive Order No. 9066, dated February 19, 1942, and

sent to the Gila River Relocation Center.He sold all this property and received for it, except

the radio which had a shortwave band, $155 which was

reasonable in the circumstances for no free market was

then available to him. He sold the radio about L0 days

before his evacuation for $25. Its fair value was the'n $75'The fair value of his other property was $664'53'

REASONS FOR DECISION

Claimant was eligible to claim. This claim includes

all interest of the marital community in the subject'prop-

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178

CLAIM OF SAM TAKA

INo. 146-35-13634' Deciclecl fi'ebruarv 28' 1951]

FINDINGS OF FACT

This claim was received by the Attorney Generalon December L9, 1949, and is in the amount' of $770'The claim involves loss on saJe of c'ommunity property ofthe claimant and his wife, Kanaye Taka, namely, a trac-tor, a disk harrow and a spring tooth harrow, a safe, a,udio, a refrigerator, and a sewing machine' Prior to hisevacuation claimant had been a farm laborer' Claimantwas born in Japan on November 2, 1877, of Japaneseparents. His wife is also of Japanese ancestry' On May-28,

1950, he and his wife voluntarily returned to Japanwithout governmental compulsion or assistance, but untilthat time neither of them, since December 7, 1'941', hadgone to Japan. On Decembet 7, L94I, and for some timeprior thereto, claimant resided in Parlier, Fresno County,balifornia, from which place he and his wife were evacu-ated on August 2,L942, under military orders pursuant toExecutive Order No. 9066, dated February 19, 1942, andsent to the Gila River Relocation Center.

He sold all this property and received for it, exceptthe radio which had a shortwave band, $155 which wasreasonable in the circumstances for no free market wasthen available to him. He sold the radio about L0 daysbefore his evacuation for $25. Its fair value was the'n $75'The fair value of his other property was $664'53'

REASONS FOR DECISION

Claimant was eligible to claim. This claim includesall interest of the marital community in the subject'prop-

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,M TAKA

I n'ebruary 28, 19b11

F TACT

y the Attorney Generalin the amount of $220.

tf community property oflye Taka, namely, a trac-3 tooth harrow, a safe, ang machine. prior to hisfa,rm laborer. Claimant

nr 2, L877, of Japaneseanese ancestry. On Maytarily returned to Japanln or assistance, but untilr December 7, Ig4L, had,, 1941, and for some timer Parlier, Fresno County,and his wife were ev&cu-litary orders pursuant tol February 19, 1g42, and'Gnter.I received for it, excepte band, $155 which wasfor no free market wasthe radio about l0 daysrfair value was then g7b.rty was $OG4.5B.

CISION

r. This claim includesrity in the subject prop-

179

erty, since the wife also is eligible to claim but has madeno claim; and the husband having the power of manage-ment and control of such property under California law,may claim for the whole. Tokutaro Hata, ante,p.2l.

Claimant and his wife went to Japan in May 1g50 inorder to spend claimant's declining years in that country.He went of his own free will and under no compulsion onthe part of the Government. Such departure for Japandoes not constitute a deportation within the meaning ofthe Act. Kumahichi Taketomi, ante, p. L62.

The loss on sale, except the radio, is allowable. Toshi,Shimomaye, ante,p. L.

Claimant was an alien and his radio was equipped toreceive shortwave broadcasts. Prior to his evacuation hesold it to a private individual. Radios equipped to receiveshortwave fall into the category of contraband. Claim-ant should have deposited it pursuant to the regula-tions then existing. Presidentinl Proclama,tion N o. 2525,dated December 7, L94I, $ 5 (f ) ; Regulations of AttornegGeneral, dated February 5 , L942,7 F. R. 844, $ S 30.9, 30.12,30.13. The regulations did not permit an enemy alien topursue an alternative course of selling or giving the pro-hibited thing away. It is clear, therefore, that any losssustained by reason of this sale was neither a "reasonable"

nor a "natural" consequence of claimant's evacuation orexclusion. Haruto Tomita, ante, p. L72.