The Nevada journal., 1855-08-17

cess Is left alone to the action OF Congress
through her federal tribunals, and in the form
which they have adopted then distinction
both in name and privilege is made to exist be
tween citizens of the United States er vi termi
nj and citizens of the respective states.
i l cannot concede that such result was ever
contemplated, and yet it would be inevitable
upon any other hypothesis, than thai the ..uni.
form rule" declared by the Constitution, was
intended to be prescribed for the action of the
states, aud that by this rule, they were leit tc
exercise or not their original power Of natural
ization.
The next inquiry in proper order is whether
the State of California has determined by her
Legislation to admit foreigners to the rights o.
citizenship under the uniform rule established
by the various acts of Congress.
This question in my opinion is settled in the
affirm ative by an act passed May t8. 1853 ren
titled ian act to define the fees to be charged
BY the clerks of courts for the naturalization
of foreigners" This act, after providing the
amount of fees to be allowed the clerks 10 the
process of making citizens declares, "and said
papers herein provided for shall be issued by
the Court upon application of any individual
entitled to receive thcm and upon his comply.
ing with the provisions of the naturalization
laws" Much criticism might be made upon
the form of this law, aud upon the TACT that its
caption shows that it was intended only as q
fee bill. But it must be conceded, in this con,
tradiction of laws, the principal consideration
is, the intention of the law maker. Governed
by this rule have no hesitation in saying that
the uct i'll question is equivalent to direct and
palpable declaration by the legislature which
enacted it, that it recognized the rule of nat.
uralization prescribed for the States by Con-
gress and determined that the courts of this
state, OF competent jurisdiction, should be vest.
ed with the power of carrying it out. If this
were not so there was no reason whatever for
passing the act, and courts cannot decide au
act to be imperative where q substantial mean
ing and design can be drawn from its express
sions. In this net, the courts are vested with
jurisdiction, for they ere required to issue the
certificates Of naturalization and to determine
that the individual is entitled to receive them.
The laws of Congress the uniform rule) are
recognized as the rule of action, for the term
Naturalization laws" applies to none other
and their provisions are required expressly to
be complied with.
What, however, are the courts of competent
jurisdiction ? TO answer this we must turn to
the act of Congress of 1902, and be governed
by the rule there established. Congress hav-
ing the power under the constitution to make
the exercise of it a judicial power and fix upon
the class of courts which might be invested with
the jurisdiction. This it could do as part of
the rule-although it might not directly confer
the jurisdiction.
By the Sd section Of the act of 1902 it is en-
acted " that every Court of record in any indi.
vidual State having common law jurisdiction
and q seal and clerk or prothonatory shall be
considered as District court within the mean
ing Of this act" We have already determined
that this court has not the Jurisdiction, because
its powers are exclusivelyIappellate The Dis
trict courts of the State are courts of original
and common law jurisdiction, are courts Of re-
cord and hayea seal aud clerk and consequently
come fully within the description of the rule
laid down by the act OF 1902, and therefore,
under the act of this State of 1858, are fully in
vested power and jurisdiction, TO nutralize for
eigners, who exibit the qualifications fixed by
the laws of the United States The other courts
| OF the State are inferior and Of limited powers,
they made courts of record by our statute but
they have only statute and not common law juriS
| dlction, and therefore not coming within the
class enumerated By the actof congress, have no
power to grant naturalization and any attempt
| of the kind would be necessarily coran non jn-
dice and void
For the want of jurisdiction in this court the
application is denied.
concur
HTDENFELDr. j.