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CLAIM OF KINJI MATSUHIRO

lNo. 146-35-26. Decidetl January 11, 19511

FINDINGS OF FACT

This claim, received by the Attorney General on No-vember 2, L948, has two separate and distinct aspects.It alleges, first, property loss in the amount of $1,660through forced sale of an automobile and theft from stor-age of a radio, desk, bed and mattress, and two movingpicture projectors with film. Secondly, it alieges damageand loss, in unspecified amount, by virtue of the deathof claimant's father at the relocation center, claimant'sloss of time and opportunity to earn money during theperiod of his evacuation, and claimant's mental sufferingboth during and after his evacuation. Claimant was bornin California of Japanese parents and has at no time sinceDecember 7 , 1941, gone to Japan. On December 7, L941,and for some time prior thereto, claimant resided in arural community, his address being Route 1, Box 213,Acampo, San Joaquin County, California, from whichaddress he was evacuated on May 21, L942, under militaryorders pursuant to Executive Order No. 9066, to theStockton Assembly Center, Stockton, California, and fromthere to the Rohwer Relocation Center, Rohwer, Arkan-sas. At the time of his evacuation, claimant was notpermitted to take the property involved with him to therelocation center. fn consequence of this fact, claimantsold his automobile, and stored the remaining items inthe house of his brother which he and his brother thenlocked and boarded up. Claimant had no free marketon which to dispose of his property at reasonable pricesand, in view of the situation existing at the time, actedreasonably in selling his car for $65 and in storing the

other personaltY in the locked h

then fair value of claimant's t

stored proPertY $85. While cL

tion center, his brother's house

of claimant's stored ProPertYnever recovered anY of the iten

ried and sole owner of the ProPetive times of loss and the losst

sated for bY insurance or otherv

been given to claimant's allegr

in consequence of the death of

earn moneY, and his mental su

REASONS IOR

Claimant's $35 loss on the

allowable. Toshi ShimonmaY

$85 loss through theft is likewi

amte, p. 1!. Claimant's remain

nizable, however. That the i

awards of damages as if the e

the evacuees had constituted a

settled. MwA Sogawa, ante,

2 (b) of the Statute sPecificall;

The AttorneY General sht(4) for damages or loss t

sonal injurY, Personal int

shiP, or mental suffering(5) for loss of anticiPat'

pated earnings.

In light of these express sta'tut

clear that claimant's allegatiocount of the death of his fatl

portunitY to earn moneY, and

Le considered, and denial th'

r KINJI MATSUHIRO

I Deeitled January 11, 1g51l

NDINGS OF FACT

I by the Attorney General on No-two separate and distinct aspects.rrty loss in the amount of $1,660an automobile and theft from stor-rcd_ and-mattress, and two movingr-fiIm. Secondly, it alleges damaged amount, by virtue of the deaint the relocation center, claimant,srtunity to earn money during the,n, and claimant's mental sufferingris evaeuation. Claimant was bornse parents and has at no time sincer to Japan. On Decemb er Z, Lg4L,.or thereto, claimant resided in aaddress being Route 1., Box 218,County, California, from which

d on May 21,LgL2,under militarvrecutive Order No. g066, to th!ter, Stockton, California, and fromllocation Center, Rohwer, Arkan-is evacuation, claimant was notroperty involved with him to theonsequence of this fact, claimantd stored the remaining items inr which he and his brother then, Claimant had no free markethis property at reasonable pricesation existing at the time, acteds car for $65 and in storing the

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other personalty in the locked house of his brother. Thethen fair value of claimant's car was $100, and of hisstored pnoperty $85. While claimant was in the reloca-tion center, his brother's house was broken into and allof claimant's stored property stolen and claimant hasnever recovered any of the items. Claimant was unmar-ried and sole owner of the property involved at the respec-tive times of loss and the losses have not been compen-sated for by insurance or otherwise. No consideration hasbeen given to claimant's allegations of darnage and lossin consequence of the death of his father, his inability toearn money, and his mental suffering.

REASONS FOR DECISION

Claimant's $35 loss on the sale of his automobile isailowable. Toshi Shimonmaye, ante, p. L. Claminant's$85loss through theft is likewise allowable. Akiko Yagi,ante,p.lI. Claimant's remaining allegations are not cog-nizable, however. That the Statute does not authorizeawards of damages as if the evacuation and exclusion ofthe evacuees had constituted an actionable wrong, is nowsettled. MarA Sogawa, ante, p. L26. Moreover, Section2 (b) of the Statute specifi.cally provides:

The Attorney General shall not consider any claim-(4) for damages or loss on account of death or per-sonal injury, personal inconvenience, physical hard-ship, or mental suffering;(5) for loss of anticipated profits or loss of antici-

pated earnings.

In light of these express statutory provisions, iI rs a fortiori.clear that claimant's allegations of damage and loss on &c-count of the death of his father, his loss of time and op-portunity to earn money, and his mental suffering cannotbe considered, and denial thereof is mandatory.

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