The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-11-12
No CHINESE TO VOTE,
The Question of Citizenship
Raised in the Federal
Courts.
THE ACCIDENT OF BIRTH.
An Opinion Is Sought On
the Status of Asiatics
Born Here.
EFFECT TO BE FAR REACHING.
Thousands of Chinese Have Been
Preparing to Exercise the Fran.
chise Next Year.
EFFECT TO BE FAR REACHING

The question whether Chinese born in
this country is a citizen or not has been
raised in the United States District Court,
and the effects of the decision ultimately
reached will be far reaching.
There are several thousand American
born Chinese in this country now, and in
cities like San Francisco and New York
the possible Chinese vote next year is caus-
ing politicians to do some thinking.
Chinese-only the American-born ones,
of course-have already voted in the
United States, and in this City there is an
organization of them known as the Native
Sons of the Golden State-not Golden
West"-that has several hundred members.
Last Fourth of July this organization,
which has State charter, took a consplcu-
Gus part, after the Monaghan manner, in
the holiday celebration, and calcula lions
had already been made on the strength of
its vote in the next election.
Ever since the decision of United States
Circuit Court Judges Field, Sawyer and
Hoffman in the Look Ting Sing case 1t
has been the custom of the Custom house
authorities to land American born Chi
nese upon their return to this country as
soon as the fact of their nativity has been
eStdDUSDeO. ATTORNEY OcOISG IL. collins,
however, has recently raised the point in
the American Law Review that Chinese
born in this country is not citizen, and,
therefore, not entitled to landing upon
his return to this country from visit to
the land of his parents. Mr.. Collins con-
tended that his parents could not possibly
be naturalized under the statutes and Judi
cial holdings OF the United States, and
that the mere accident OF birth here would
not entitle him to citizenship. If this po-
sition be sustained by the Federal courts
it will bar all such Chinese from habeas-
corpus privileges, take the entire question
ever afterward out of the courts and leave
the matter of landing wholly with the
Collectors of Customs.
The Department of Justice at Washing
ton accordingly suggested that test case
be made, and, acting under the Attorney
Generals instructions, District Attorney
Foote mad one made in the matter of Wong
Kim Ak, who, like the 500 OR more young
Chinese in this City, claims to be citizen
because born here. Wong proceeded
against Collector Wise and a steamboat
captain, setting up the fact that they were
about to deport him contrary to the deci-
sion of the United States Circuit Court
alluded to.
This case was argued before Judge Nor
row yesterday, the Chinese being repre-
scented by Attorneys I. d. Riordan and
Joseph Napthaly, and Mr.. Foote taking
the position assumed by Attorney Collins
On Wongs side the effort is being made
to apply the Fourteenth Amendment of the
American Constitution, but Mr.. Foote,
quoting from the decision of the United
States Supreme Court in the Slaughter
house" cases, to be found III the
Sixteenth Wallace Federal Reports,
reasoned that that tribunal had ex
pIicitly shown that the Fourteenth
Amendment had been adopted primarily
for the benefit of people of African descent
who had been born in the country and
whose parents did not owe any allegiance
whatever to any other power than the
United States, and that this amendment
affected the colored people only and never
was intended to include persons of Mon
golian parentage or ancestry. He based
his argument upon the general ostracism
of Mongolians by the acts of Congress,
and also the decisions of the Federal
courts which declare, in effect, that Chi
nese cannot be naturaliZed under any cir
cumStanceS.
at may be that Judge Morrow will de-
eide according to the Sawyer decision, ;"
said Mr.. Foote yesterday afternoon, that
Chinese born in this country has a right
to land here, but if so the case will be APP
pealed to the United States Supreme Court,
because | am so instructed by the Depart
ment of Justice. 1t is a very important
question and should be settled for all
time.
American laws and institutions do not
contemplate the possibility of Chinese be-
coming citizens here at all. Our court de-
clsions and our statutes are all opposed to
the very idea. And we also contend that
under International law Chinese born in
this country of parents subject to the EN-
peror of China is also subject to the same
power, and, owing allegiance to foreign
ont nOcSihlU ha q ciflZpn n
this country.
'tIf, then, a Chinese cannot become
citizen by either birth or naturalization
he cannot lay claim to any privileges of
residents owing allegiance only to the
United States. The mere condition of
residence could not Americanize his par
ents, and the mere accident OF birth could
not make a citizen of him.
"The other side makes great deal of
the old English common law, namely, that
any person born under British dominion is
a subject of Great Britain, but | contend
that in the United States it is not enough
to be born here and the word jurisdiction
in our constitution means political iuris-
diction. A Chinese not born in this coun-
try is certainly not within the political
jurisdiction OF the United States-not any
more than the son born here of some Chi
nese ambassador. His birth is included
within the political jurisdiction which
esta blished the allegiance of his father.
TO apply the common law principle that
the territory wherein one is born estab-
fishes his citizenship is to go contrary to
the express dicta of our Federal Constitu-
ton, our Congressional legislation and
the construction OF the American Judi
ciary"
Judge Morrow will give the matter care
full consideration and will make particu-
lar study of the numerous questions in
volved so far as they are embraced by the
test case at issue. The Chinese will await
his opinion with eagerness, and the poll
ticians who have been counting on the