El Paso daily herald. (El Paso, Tex.) 1881-1901, 1897-05-07
MEXICAN TREATY RIGHTS
ARE ELIGIBLE TO CITIZENSHIP IN
THE UNITED STATES.
Judge Maxey Holds That They are Fit
Subject for Naturaliz ltion.-Re-
view of Treaty Relations.

and parentage has baen finally decid
ed.
This is a case that has attracted wide
spread attention during the past yea
because of the all important question
of citizenship involved therein, and the
outcome has been awaited with deep in
terest, not only by those whose either
rights were imminently concerned, bu
by the general public and the legal fra
ternity who have taken great intares
in the fine points of law involved in the
case.
1t even became, factor during the
late presidential election-the fact tina
the case was being pushed by two law
yers. one prominently connected with
the populist and the other with the re
publican party, being sought to be usec
against these parties with the classes
whose rights were involved in the case
at issue.
During the opening session of the
| federal court yesterday morning Judge
Maxey called up the case in question
and delivered his opinion, which is re
garded as remarkably able exposition
of the question at issue.
| Following is the official statement Of
| facts of the case:
| STATEMENT OF FACTS.
AZ the May term, 1896, of this court,
Ricardo Rodriguez,a citizen of Mexico,
| filed an application, in due form, by
which he sought to become a naturaliZ-
ed citizen of the United States. Two
affidavit5 embodying the essential re-
quiresitess prescribed by the naturaliZa-
| ton laws, accompanied the application,
and also a copy of the affidavit made by
the applicant and filed in the county
court of Bexar county, Texas, January
%, 1898, in which he declared his
intention to become a citizen OF the
United States. AT the hearing of the
application, two attorne, > OF the court
Mr.. A. 7: Evans and Mr.. T. j. McMinn
appeared for the purpose of contestlng
the case, and filed paper. setting
forth the ground of the opposition, of
which the following is copy:
O"Come now the undersigned as amici
curiae, and respectfully suggest to
the court that the applicant, Ricardo
Rodriguez, is ineligible to citizenship
for this, 'towit: That he is not a white
person, nor an African, nor of African
descent, and is therefore not capable Of
becoming au American citizen, and of
this they ask the judgment of the
COURT
In addition to the supporting
affidavits filed with the application
the testimony of the applicant and j..
G. Fisk was taken in open court.
From the proofs on file it appears
that the applicant is a citizen of Next
co by birth, having been born in the
state of Guanajuato, about thirty-seven
years ago. He is very ignorant and
illiterate man, not being able to read
or write either English or Spanish.
He speaks the latter tongue as it is
spoken by others of his class and hum
BILE condition in Life. 1t appears from
his own statement that he traces his
descent from neither the Spauiards
nor Africans. AS to color he may be
classed with the copper colored, or red
men. He has dark eyes, straight black
hair and high cheek bones. He knows
nothing of the Aztecs or Toltecs. He
is not an Indian, and his parents in
formed him that he was a Mexican, and
he claims to be "a pure blooded Next
can" To extract from the applicant
what knowledge he possessed concern
ing himself, counsel propounied among
others the following questions:
Q-Do you not believe that you be-
long to the original Aztec race in
Mexico?
A-No. sir.
Q-Do you belong to the aborigines,
or original races of Mexico?
A-No, sir.
Q-Where did your race come from,
Spain?
A-No, sir.
Q-Where did your race come from?
Al do not know where they came
from.
gion? What religion do they profess?
A-Catholic religion.
The supporting affidavits show upon
their face that the applicant is 'at..
tached to the principles of
the constitution of the United
States and we'll disposed to the good
order and happiness of the same" The
inability of the applicant made mani
fest upon his examination to explain
the nature of those principles may
we'll be attributed to his illiteracy.
The testimony of j. G. Fisk in sup
port of the application is here inserted
at length:
Q-I see by your affidavit that you
are acquainted with the applicant.
Ayes, sir.
Q-And have been acquainted with
him for how long?
Al couldn't say exactly; but it has
been in the neighborhood of ten years.
Dwell, do you know anything
about his ancestry?
A-No, sir; no more than Judging by
his appearance and about what he had
told me previously: that he was of pure
blood.
O. see that you make affidavit in
which you say ne is of good, moral
character and attached to the prin-
ciples of the constitution of the L nited
States.
A-Well, 1 have known the man
good while.
Q-What reasons did yon have for
saying he was attached to the princi-
piles of the constitution? What induced
you to say that he was attached to the
principles of the constitution of the
United States? Did you have any in
timation that he had any knowledge of
the constitution of the United States?
A-Not exactly; but | know the man;
[ know that he is a good man, and L
know that if, whatever the principles
of the constitution of the United States
might be, that he would uphold them if
he knew what they were.
Q-You say that you have known him
about ten years?
Ain the neighborhood OF ten
years.
Q-Has he been peaceable citizen?
Ayes, sir; Il very good man.