Kahanamoku

(dissenting).

In the conference held after the oral argument made to the Judges of this court sitting en banc in the above entitled case and its associate case Steer et al. v. White, 146 F.2d 576 , I expressed the view that the judgments should be affirmed. My associates, however, were of the opinion that they should be reversed. Thereafter I prepared and distributed to the court members an opinion in the Duncan case, in support of my views. The court filed its opinion and decision reversing in both cases. I was keenly aware of the fact that the war was yet to be won and that a dissenting opinion in these cases held more possibility of harm than of good and I withheld it.

Now that the war is over and the Supreme Court has filed its opinion and decision ( 66 S.Ct. 606 ) there is nothing to be gained by further withholding it.

The opinion is the result of intensive reading and study and is thoroughly documented. I believe it to be a substantial contribution to the history of one of the most unique and important episodes in our nation’s existence. For the reason stated and because I desire my position made dear I have sought and obtained approval of our Senior Judge for filing it…