San Antonio daily light. [volume] (San Antonio, Tex.) 1886-1907, 1897-05-03
NATURALIZATION.
JUDGE MAXEY RENDERED BIS
OPINION THIS MORNING.
Ricardo Rodriguezs Application For Oiti-
zenship Papers Will Be Granted.
Federal Grand Jury Empanelled.

Federal court convened this morn
| ing in this city for the May term, Judge
| T. S. Maxey presiding. Immediately
after court went into session Judge
Maxey delivered his opinion on the ma
| turalization question, which had been
pending. AT the May term of 1896 Of
the Federal court, Ricardo Rodriguez,
u citizen of Mexico, filed an applica-
ton to become naturalized citizen of
the United States. Two affidavits, en-
bodying the essential requisites pre-
| scribed by the naturalization laws, ac-
companied the application. At the
hearing of the application, Attorney A.
]. Evans and T. ]. McMinn appeared
| for the purpose of contesting the same
on the grounds that the applicant is
not a white person, nor an African nor
of African descent, and is therefore not
capable of becoming an American cit
izen."
Judge Maxey, in his opinion, said:
Recognizing the delicacy and gravi-
ty of the question which the present
application involves, it was thought
advisable to obtain the views of sew
eral members of the bar as to the prop
er construction of that clause OF the
naturalization statute which the court
is called upon to consider and construe.
With that object in view the court ad-
dressed letters to Mr.. T. NJ. Paschal
and Mr.. Floyd McGOwn, enclosing
Herewith copies of the papers and tes-
timony on file. Generously responding
to the wish of the court, these gentle
men have submitted able and interest
ing briefs, which have received,
together with those of Mr.. Evans and
Mr.. McMinn, the attentive considera-
ton which the nature of the case and
Importance the question demands"
Referring to a number of Supreme
court opinions and other authorities,
bearing on the naturalization question,
the court closes its opinion as follows:
After a careful and patient inves-
tigation of the question, the court is
of the opinion that whatever may be
the status of the applicant viewed sole
ly from the standpoint of the ethnolo-
gist, he is embraced within the spirit
and intent of our laws upon natural-
zaiton. and his application should be
granted, if he is shown by the testi-
mony to be a man attached to the
disposed to the good order and happi-
ness of the same. 1t is suggested that
the proof fails in this respect, and the
objection appears to be based upon the
81 ound. intimated in the briefs, of his
inability to understand or explain
principles. That the applicant is la
mentally ignorant is conceded; and
that he is unable to read and write,
the testimony clearly discloses. But
the testimony also diScloses that he is
very good man, peaceable and indus
triOus, of good moral character, and
law abiding to a remarkable degree.
And hence it may be said of him, not
withstanding his inability to undergo
an examination on questions of consti-
tutional law, that by his daily walk,
during a residence of ten years in the
city of San Antonio. he has practically
illustrated and emphasized his attach
ments to the principles of the consti-
tuition. Congress has not seen fit to
require of applicants for naturalization
| an educational qualification, and courts
should be careful to avoid judicial leg
| isIation.
In the Judgment of the court the ap-
| plicant possesses the requisite qualiti-
| cations for citizenship, and his appli-
cation will therefore be granted"
The court notes that first that natur-
alization act was approved March 26,
1870. This act provided that any
alien, bei.g a free white person. may
be admitted to become a citizen" This
act was repealed by the act approved
January 29, 1875.