The record-union., 1896-01-04

SAN FRANCISCO, Jan. 3.-Judge
Morrow decided this morning in the
United States District Court that every
Chinese born in the United States is
citizen thereof. The decision was rem
dered in the case of Wong Kim Ak,
who was born in 1873 in Sacramento, re-
turned to China year ago, and is now
refused a landing because the Collector
of the Port holds he is not a citizen.
The contention of the Government is
that the mere fact of birth does not
make one a citizen of the United States
from the fact that the common law
regards a man as citizen of the coun-
try to which his parents owe allegiance.
THE question" says Judge Morrow,
is an important one not alone from an
abstract point of view, but because of
the consequences a decision unfavorable
TO the petitioner would involve. For, if
the contention Of counsel for the Gov
ernment be correct, it will inevitably
result that thousands of persons of
both sexes who have heretofore been
considered as citizens of the United
States and have always been treated as
such, will be, to all intents and pur
poses, denationalized and remanded to
a state of alienage. Included among
these are thousands of voters who are
exercising the right Of suffrage as Amer
lean citizens and whose right as such is
not and never has been questioned, be-
cause birth within the country seems to
have been recognized generally as con-
elusive upon the question of citizenship.
But the Supreme Court has not squarely
passed upon the political status of child
rem born here of foreign parents.
Arriving at the conclusion as I do,
after careful investigation and much
consideration, that the Supreme Court
has yet announced no doctrine at vari-
ance with that contained in the Look
Tin Sing decision, 1 am constrained to
follow the authority and law enumer-
ated in that court The counsel for the
United States have argued with con-
siderable force against the common
law rule and it's recognition, as being il
logical and likely to lead to perplexing
and perhaps serious international con-
f1icts, if followed in all cases. But these
observations are obviously addressed
to the policy of the rule and not to it's
Interpretation. The doctrine of the law
of NATIONS, that the child following the
nationality of the parents and that cit
izenship does not depend upon mere
accidental place of birth, is undoubt-
edly more logical, reasonable and sat
isfactory, but this consideration will
not justify the court in declaring it to
be the law against controlling judicial
authority. It may be that the Executive
Departments of the Government are at
liberty to follow this international rule
- deslihg with questions of citizenship
which arise between this and other
countries, but that fact does not estab-
lish the law for the courts in dealing
with persons within our own territory.
In this case the question to be de-
termined is as to the political status
and rights of Wong Kim Ak, under the
law in this country. No foreign power
has intervened or appears to be con-
cerned in the matter. From the law as
announced and the facts as stipulated 1
am of the opinion that Wong Kim Ak is
a citizen of the United States within
the meaning of the citizenship clause of
the fourteenth amendment. He has not
forfeited his right to return to this
country. His detention, therefore, is IL
legal He should be discharged from
custody and permitted to land, and it is
so OfQereu.
The Government is not satisfied with
Judge Morrow's decision, and will ap
peal the case to the Supreme Court. 1t
is believed, however, that the decision
will stand, and Judge Morrow be sus-
tained.
George D. Collins, the attorney who
gained some prominence a few years
ago by declaring that the fact of birth
was not conclusive evidence of citizen
ship. has been retained to argue the
appeal in Washington.
LATER.-An appeal has been taken
to the United States Supreme Court by
United States District Attorney Henry
S. Foote. He gave notice of such fact.
and, pending the final decision by the
highest judicial tribunal in the land,
the bond of Wong Kim Ak was fixed at
$3.50. II the United States Supreme
Court should sustain Judge Morrow it
is believed the result will be to admit to
the polls every Mongolian, as well as
Caucasian, who has been born in this
country, whose parents have not been
native born or naturalized, save that
children of parents connected with the
diplomatic service here of other ma
tions are excluded from the privileges
Of citizenship.