The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-10-28
ANACONDA news.
|RE IS 4 FULL CITIZEN
An Interesting Question In Re
gard to Citizenship.
SUPREME COURT DECISION
Ths Highest judicial Body In the Coun-
ny seems to - OF b Opinion
That . Person Who II Born
Herr II Q Cti4en.

ITO h Editor OF the Anaconda Stand
ard:
viii you kindly answer through the
columns Of YOU newspaper this aues-
ton: Is a person who Is born in the
United States Of foreign parentage a
citizen Of this country? A bets that he
n o q citizen unless his father is or
was q naturalised citisen. while b bets
hat he 10 a citisen. regardless Of the
naturalization Of his father.
SUBSCRIBER"
The question asked In the above letter
was referred to an attorney OF promi-
nence In this city. That gentleman is OF
the opinion that the man Is a citizen OF
the United States. The attorney re-
ferred to suggested a reference TO thai
part of the 18th amendment to The con-
etitution of h United States which re-
lates to hat particular question. II is
the FIRST sentence of the 18th amend
ment and declares that "all persons
born or nafuralixed in the United States.
and subject to the Jurisdiction thereof.
are citizens of h United States and OF
the state wherein they reside"
!. Recently the supreme court has pass
! ed upon this question in the case OF the
o
= Chinese. The decision OF the supreme
court Is extremely lengthy. covering a
hundred pages or more OF the Supreme
Court Reporter. Two paragraphs OF the
decision bear directly or the question
involved. They are as follows:
The real object OF the 18th amend
ment OF the constitution. in qualifying
the words all persons born In the
United States by the addition and sub
1ect TO the jurisdiction thereof would
appear to have been to exclude. by the
fewest and fittest words tbesides chill
dren of members OF the Indian tribes.
standing in a peculiar relation TO the
national government. to the
common law). the two classes OF cases
children born of alien enemies In hos
tile occupation. and children OF diplo-
matte representatives OF a foreign
state-both of which. as has already
been shown. by the law of England
and by our own law. from the m OF
the fret settlement OF the English colo
MES in America. "a been recognized
exceptions TO the fundamental rule Of
citizenship by birth within the country:
The words. in the United States and
subject to the jurisdiction thereof in
the first sentence OF the 18th amend
ment of the constitution, must be pre-
sumed to have been understood and In
tended by the which proposed
the amendment. and by the legislatures
which adopted II. I'm the same sense In
which the like words had been used by
Chief Justice Marshall In the we'll
known case of the Exchange. and as the
equivalent of the words within the lini-
its n under the jurisdiction Of the
United States and the OF the
words out OF the limit and jurisdiction
of the United States as habitually used
in the naturalization acts. This pre-
sumption Is confirmed by the use OF the
word Jurisdiction In the last clause OF
the same section OF the 18th amendment,
which forbids any state to deny to any
person within its jurisdiction the equal
protection Of the laws II is Impossible
20 construe the words subject to the
jurisdiction thereof In the opening SEN
tence, as less comprehensive than the
words within Its Jurisdiction In the
concluding sentence of the same Sec
ton: or TO hold that persons within the
jurisdiction are OF one OF the states oil
the union are not subject to the juris-
diction OF the United States These
considerations confirm the view. already
expressed In this opinion. that the open
ing sentence of the 14th amendment Is
throughout Affirmative and declaratory,
intended to allay doubts and To settle
controversies which had arisen. and not
to impose n new restrictions upon cit
isenship."
Therefore a person born in the United
States is a citizen thereof and IL en-
titled to vote. The matter of his pa
rentage. according to the attorneys
opinion. has nothing To do with the case
The defining OF the first sentence OF thu
14fh amendment by the supreme cour'
IL clear. IL was made for the purpos'
of excluding those persons specificall,
referred to in the paragraphs above
quoted.
u seems TO have the best Of the be
and he had better have his friend reg
lister at once.