The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1892-03-12
WILL HE Be CHIEF 4?
Rogers Election Liable to Be
Declared Illegal.
Attorney-General Hart Thinks That sacra-
mento Will Be Put TO the Expense
of Another Election.

The election of John Rogers to fill the
Office of Chief of Police for the city of Sac
ramento may or may not be illegal, but
anyhow the question is agitating all Rogers
friends, all Rogers enemies. and large
body of the legal profession employed by
his partisans and opponents.
The parents of Rogers were English peo-
pie named Smith, and they arrived in the
United States from Australia, bringing him
with them. he then being not II years of
age. His mother shortly afterward OBJ
tanned divorce from her husband, and re-
tanned the custody of her child. She then
married citizen of the United States
named Rogers. and the by bore that name
ever afterward. The father did not take
out his own naturalization papers until his
son was % years and months old
Attorney General w. Ii. II. Hart was
seen at his residence last night upon the
subject THE question as to the legality
Of Rogers election" said ne, has been
laid before me. and l shall give my written
opinion thereon on Tuesday next. At
present ! am inclined to believe that
Rogers is not and never has been an elector.
and If so, his election is invalid. The law
is plain that the child of any alien coming
into the United States with It's parents be-
comes naturaliZed citizen when its father
takes out his final papers before the child
attains The age Of Il years. But in this
case the father
DID NOT TAKE OUT SUCH PAPERS
Until Rogers was over % years Of age /;
therefore | think Rogers cannot benefit by
this law, but must come under that section
OF the code which provides that the male
child Of any alien parents, who lands in the
United States before he attains the age of
IS years, may take out his final nauraliza-
ton papers On attaining the age Of q years,
without taking out his preliminary papers,
and Rogers was clearly entitled to do this.
but he did not do so until two weeks before
the election.
Then, again, Rogers friends urge that
as his mother married an American citizen
she became naturaliZed, and, consequently
so did her son at the same time. The law,
however, has not provided for case like
this, and l doubt, as 1t is so explicit as 10
the Children OF aliens being naturaliZed,
with reference TO their fathers actions,
whether such an argument will hold good.
as the mothers second husband, although
an American citizen, still is only Rogers
stepfather and no blood relation.
AS l said before, it was only about two
weeks before the election that Rogers
friends thought there might be some hing
wrong ABOUT his rights of electoral citizen
ship and although Rogers has been voting
Tor years uI0n an affidavit that he was
naturaliZed citizen owing to his father hav-
ing brought him to this country before he
was IA years old, still he agreed with his
friends and sixteen days ago applied TO
Judge Catlln for and obtained his final pa
pers. Now, If K gers was not a citizen be.
fore be took out these final papers he was
not eligible to vote. because the law re-
quires man to take out the same at least
ninety days
BEFORE AN ELECTION.
Hence Rogers would not have been an
elector for the election in Sacramento on
the 9Th Of March. Section of article / of
the constitution provides that every male
naturallZed citizen who shall have bee pme
such 80 days before the election is a yo or
and elect0T, and section 1897 OF the Political
Code saws that naturalized citizen cannot
be placed on the register unless bis certifi
cate OF naturalization was issued so days
prior to the election. 1t has been suggested
that as Rogers father obtained his first pa
pers before his son reached q years of age
that rendered Rogers citizen. / cannot see
how the law can thus be, construed. 1t is
clear tina final papers only are meant
Another question arises if Rogers cleo
ton be declared Illegal and consequently in
valid, who holds the position OF Chief of
Police in Sacramento-the Incumbent or
Higgins. the man who was next on the polls
below Rogers? / think that Lee will still
hold it in this event and that Sacramento
viii be put to the expense OF another elec-
tlon. l think the Australian ballot system
the finest ever yet invented, and notwith-
standing reports to the contrary very hard
system to be beaten or tempered with"