Territory of Hawaii - Martial Law

Martial Law

From 1941 to 1944, following the Attack on Pearl Harbor and America's entry into World War II, Territorial Governors Joseph B. Pointdexter and Ingram M. Stainback stripped themselves of their administrative powers by declaring martial law. With the territorial constitution suspended, the legislature and supreme court were also dissolved indefinitely. Military law was enforced on all residents of Hawaii. The formation of the military government was mostly done by Maj. Gen. Thomas H. Green of the U.S Army Judge Advocate General's Corps, who became Military Attorney General. General Walter Short appointed himself military governor December 7, 1941. He assumed control of Hawaii and governed from ʻIolani Palace, which was quickly barricaded and fitted with trenches. He was relieved December 17 and charged with dereliction of duty, accused of making poor preparations in case of attack before the Attack on Pearl Harbor.

Under martial law, every facet of Hawaiian life was under the control of the military governor. His government fingerprinted all residents over the age of six, imposed blackouts and curfews, rationed food and gasoline, censored the news and media, censored all mail, prohibited alcohol, assigned business hours, and administered traffic and special garbage collection. The military governor's laws were called General Orders. Violations meant punishment without appeal by military tribunals.

Anthony, the shadow Attorney General of the period, provides different information. The "aged and weak" Poindexter (sic), an appointed Democrat, was variously misled into surrendering his powers. Anthony does not mention fingerprinting; corroborates gasoline rationing but not food (the latter unlike the mainland); and disproves a liquor ban by showing how the military gained handsome profits by liquor permits and fees.

The military government instituted employment stasis by General Order No. 91 (no leaving an employer without a letter of good standing); and the banning of courts that required witnesses and juries. Traffic violations were said to have netted prison terms and the military courts evidenced bias against civilians. There ensued a turf battle between the federal Departments of War, Justice and Interior, in which the middle one played a mediating or flip-flopping role. Indeed, it appeared War if not the Pacific Command was operating autonomously.

The Glockner and Seifert cases, actually two detained, naturalized Germans, tested the military's suspension of habeas corpus. In the second year of martial law, August 1943, U.S. District Judge Metzger subpoenaed General Richardson as to why these two were held without charges. The General, according to General Order No. 31, could have had the server arrested for bringing charges against a military person, but instead had the Marshal manhandled so as to evade summons. The prisoners were released outside of Hawaii, avoiding the implicated fall of military power.

List of Military Governors:

• Walter C. Short (1941)
• Delos C. Emmons (1941–1943)
• Robert C. Richardson, Jr. (1943–1944)