i•DCharges Hurledand DeniedRacial PrejudiceChargedWASHINGTON. Mav 11 — Tt —An assertion was made and dfrl«J Tuesday before the Supreme Court , that racial prejudice by Lt. Gen.John L. DeWitt. in charge of the western defense command, was responsible for his imposition of a West coast curfew on all persons of Japanese ancestry and excluding them from specified areas.A L. Wirin. Los Angeles attorney, representing an American born person of Japanese ancestry, contended that the orders were Issued“in bad faith and were aimed at a group of persons solely because of their race and ancestry.”He quoted General DeWitt as having tes* ified before a House naval affairs subcommittee that a Jap's a Jap and lt makes no difference whether he is an American ■citizen or not ... I don't want any I. tof tliem. We got them out. They were a dangerous element.In reply. Solicitor Oeneral CharlesFahy asserted that there is no Aliustification for saying the com- Scmanding general acted in bad a»Et® faith. »The Pearl Harbor disaster had 10toleft the West coast exposed to Mdestructive enemy attack.’’ Fahy idargued, and it was imperative that y1those charged with the defense of our shores take adequate protective measures against a possible in- Mvasion.” G• The argument was on the validity ai of the convictions of two Americanborn persons of Japanese ancestry. _Gordon Kiyoshi Hirabayashi of Seattle was sentenced to three months' imprisonment for violating cted the curfew regulation and failing liver to report to an evacuation center.fflon Minoru Yasui of Portland. Ore.. was XXI 1 *n sentenced to one year's imprison- I Mrs. tnent and lined $5,000 for violating i pthe curfew regulation. 1tlch, Justices Jackson, Black andcdan. Frankfurter questioned whether the vian courts had power to pass on de-Mr* clsions of military leaders concern- ® itive |nR what action should be taken in W.W ■*art* the face ot an invasion threat. esCf Gir- wirin contended the regulations is- I hou In* sued were subject to Judicial re- mlllt; ting view. , the;