The record-union., 1892-02-29
Mr.. RODGERS TRADUCERS.
Disastrous Result of Pooling With a
Boomerang.
The Upholders of Rotten Government
Utterly Fail in Their Contemplate
Mode of Warfare.

Those who have been resorting to all
sorts of contemplate tactics in their de-
sire TO defeat John b. Rodgers for Chief
of Police, and thus secure the election of
some one of the basses' favorites, met
with another setback on Saturday. 1t
came in the shape of an official opinion
by First Deputy Attorney-GeneralL Lay
son. on the subject of Mr.. Rodgers citi-
zenship, which the bosses and their tin
horn buglers have recently seen fit to at
tack, and it was q straight Knockout Tor
them.
Mr.. Layson's letter clearly shows that
there never was any ground for the cast
ing of doubt upon Mr.. Rodgers citizen
ship. Indeed, the same official so in
formed the Chairman of the Republican
City Central Committee week ago, when
the latter applied for an official opinion
on the subject; yet the upholders of un-
clean government did not relax their
efforts to injure the chances of Mr..
Rodgers election.
According to the opinion rendered from
the Attorney Generals office, the adj
vice under which Mr.. Rodgers took out
naturalization papers on Friday last was
ill-timed and unnecessary = in-timed,
because it implied doubt as to his for
mer citizenship, and unnecessary because
the facts clearly showed that he was al
ready citizen by virtue of his mother
having married a citizen while he (Rod-
gers was a minor.
Deputy Laysons opinion in full is as
follows:
ATToRNEY-GENERAL's OFFICE,
STATE OF CALIFORNIA,
SACRAMENTO, February u, 1892.
John b. Rodgers, Sacramento = DEAR
SIR: You state that you came to this
country in 1855. Soon thereafter your
parents were divorced, both being aliens.
Soon thereafter your mother married an
American citizen, while yon were four or
five years of age. You remained in the
custody of your mother thereafter till
you attained your majority. Your father
became naturalized August 30. 1873, IN
Nevada County, two years and twenty
days after you became OF age.
Your mother, by her second marriage,
became an American citizen. kelly VS..
Owen, Wall, 1885, Leonard VS.. Grant, )
Fed. Rep, II, II; 2 Bishop on Married
Women, Sec. 505.
Being minor you became at that time
and by. virtue Of your mothers natural
iZatioI, {pSO facto, a citizen of the United
States. UNITED States VS.. Kellar, ID Fed
KEEP, 81, S4.
In the absence of the decree Of divorce
and in view of the fact you We're raised
by your mother, the presumption OF the
law is that her custody of you was law
full. The naturalization of your father
does not affect you. If it did, no doub
his first papers were obtained more thar
two years and twenty days before he be
came naturalized. | am inclined to think
this would inure to your benefit | cal
ind no decision on this point. | SCI
no reason why the right of citizenship
should not relate back to the incipien
step, when consummated, to preserve
your right.
Your act of naturalization Of yesterday
is void ii you were already citizen. i
cannot affect you. You do not waive no
acquire any rights thereby. You are ell
igible to office. In my judgment thu
case of Z. S. Keller, supra, covers every
point in your case.
You derive your citizenship through
the naturalization of your mother. Re
spectfully yours, w. III. LAWSON,
First Deputy Attorney General.
No voter should be deceived by any
thing that may be said hereafter in thu
way of casting doubt on Mr.. Rodgers
citizenship, for it is likely that the bose
will continue, through their organs, tn
attempt to mislead voters by insisting
that the Attorney Generals opinion i
not conclusive.