The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1891-05-07
WHO ARE QUALIFIED CITIZENS :

The decision Of the Supreme Court Of
Nebraska in the case of Boyd, who was
elected Governor Of the State at the last
election. contains no new construction Of
law, bat is interesting because the pro-
visions of the NaturaliZ alton Acts are fire.
quently misunderstood. Boyd was the son
Of an Irishman who had never been
naturalized. Under the at of 1890, which,
with the act Of 1902. constitutes the basis of
the provisions of the Revised Statutes on
naturalization, minor children of naturalized
citizens are considered as citizens without
any Formally of naturalization on their
part. BY the naturalization of their father
they acquire an inchoate condition of citizen
ship which becomes complete on their
attaining the age of q years. Bnt the
naturalization of the father must be
absolute. 1t was decided that BOYD could
not hold the Office of Governor, TO which he
had been elected, because neither he nor
his father had ever been naturalized.
There are many cases in which this pro-
vision of the law is overlooked, and the
children of foreigners, VINO came here in
their minority, claim citizenship, though
their parents did not go through the
formality of naturalization. a considerable
designedly avoid naturalization in order to
escape the duties of citizenship or neglect
il from carelessuess. 1t is well that they
should realize that in so doing they dis
franchise any of their children who were
born abroad, and have not complied IN
person with the naturalization laws, in
Guiding the provision requiring FIVE years
residence after reaching the age Of 81 years.
To-
liberal; but those statutes did not intend to
confer the rights Of citizenship on the Off
spring of foreigners who chose to remain
foreigners while residing in this country
and enjoying the protection of our institH-
tiuns. ANY such intention would have in
VOWED an inc0ngruity.
Conflicts Will some day grow out of the
attempts Of States to legislate on the natuT-
alizatiOn of foreigners. Before the adoption
Of the Constitution, several States passed
acts providing for the naturalization Of for
eigners. and these were in some cases so
conflicting that Congress, in 1870. passed an
act to establish uniform rule OF naturaliZa-
ton, under the provision of the eighth section
OF the first article Of the Constitution. Not
withstanding this legislation, several States
continued to admit to citizenship persons
who had not acquired sufficiently long
residence to entitle them to naturalization
under the act of Congress. These sC-caled
citizens voted at elections, were elected to
office, and claimed political equality with
real citizens. The practice is falling into
desuetude, but still there are in many States
/ persons claiming to be citizens whose claim
rests solely on the action of State court
interpreting a State statute, and is, there
fore, invalid.
The fourteenth amendment. which must
be regarded as supplementary the act of
1870, removes the whole business Of citizen
ship cut of the hands of the States. 1t de-
ciares that ." all persons born or naturalized
in the United States, and subject to the
jurisdiction thereof, are citizens of the
United States, and Of the State wherein they
reside" 1t is thus not only incompetent
for a State to provide that person" born
within its territory is not citizen thereof,
and entitled to all the rights of citizenship;
but it is also ultra wires for State to affect
to clothe with citizenship a person who was
neither born nor natuTaliZed in the United
States, under the naturalization laws Of the
nation. A resident of certain Northern
States and Territories, who now votes at
elections under a State statute comforting
the franchise on persons who have lived in
the State for a year, Is really a foreigner,
not entitled TO vote at all. And some day,
when the result Of an important election
may turn On the vote of such unqualified
voters, it may be successfully challenged.