The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-12-28
No Chinese, Says Federal Judge
Morrow, Can Be Nat.
uralized.
A NEW JERSEY COURT ERRED.
Law Laid Down in Denial of the
Appeal of Celestial Who Also
Possessed Passport.

Again and again the Federal courts have
been called upon to decide the question OF
whether Chinese can be naturalized, and
as often these tribunals have declared that
they can not. United States District J Judge
Morrow has had to reiterate this judicial
question, and yesterday he rendered an
opinion in the case of Gee Hop which can
not easily be misunderstood.
Judge Morrow said practically what
Judge Sawyer once declared to be the law
of the country in the All Yup case, to wit,
that Congress in all it's legislation has in
tended to exclude Mongolians.
Assistant United States District Attor-
ney Bert Schlessinger covered the matter
pretty thoroughly in the brief he filed for
the Government on Its Intervention pro-
ceedings in the case just decided. Gee
Hop arrived here from China on the City
of Picking September Is, this year. Col
lector of Customs Wise refused him a
landing.
The Chinese sued out writ of habeas
corpus, and Commissioner Heacock's &C
ton on it was to recommend Gee Hops
deportation. The Chinese had naturaliza-
ton papers issued by the Court of Com
mon Pleas of Camden, N. j., May /. 1890,
and he also possessed passport signed by
Secretary of State James G. Blaine. He
took an appeal to Judge Morrow, and the
United States District Attorney inter-
vened. Mr.. Schlessinger reminded the
court of the constitutional right of Con-
gress to make uniform rule of naturaliza-
ton; of the derivation by the courts from
Congress of their authority to naturalize !;
of the provisions of section 2169 of the Re-
vised Statutes, which allow only white
aliens and persons of African descent to be
naturalized, and of the decision of Judge
Sawyer.
The court agreed with Mr. Schlessinger
and sustained Commissioner Heacock's
recommendation to deport. The Commits
sioner had given as his grounds the reasons
that there was no law comforting the right
of naturalization upon Mongolians or ma
tives of China; that the judgment of the
Court of Common Pleas of New Jersey
naturalzing Gee Hop was absolutely null
and void for want of jurisdiction, and that,
therefore, Gee Hop was not and is not a
citizen OF the United States, as claimed by
him, and cannot be permitted to land in
this country.
In Judge Morrows opinion he proceeds
step by step on the naturalization oues-
ton. Congress obtained its right to es-
tablish uniform rule of naturalization, he
observes, from section OF Article of the
Federal Constitution. Section 2165 of the
Revised Statutes authorizes the courts to
naturalize persons in conformity with this
! uniform rule, and by section 2169 it is dis
tinctly stated that the provisions of this
title shall apply to aliens (being free white
persons and aliens) and persons of African
descent" Mongolians were excluded, he
explains, from the intent of Congress, for by
not even the greatest latitude OF construc-
ton could the title be made to cover Mon
golians.
With Commissioner Heacock's conclu-
sion the court said it heartily agreed, be-