Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1898-02-17
FRANCHISE FOR JAPANESE
Believed that They are Eligible for
American Citizenship.
The Position Assumed by State Department
officials In The Controversy Over
Annexation.


view of the question that has been
raised as to the correctness of the
conclusion reached by the officials
of the State Department who have
been engaged in the negotiations
with the Japanese Government as
to the status of japanese in Ha-
waii after annexation is completed,
further inquiry was made today to
ascertain the ground for the state
ment that the Japanese, unless
there was legislation to the con-
trary by Congress, would be en-
titled to the privileges of nsturali.
cation, if they so desire, and are
otherwise able to meet the require
ments of the law. The officials
naturally are reluctant to discuss
publicly a question of this kind,
which might be hypothetical
in advance of the disposition
of the pending annexation
treaty, and, moreover, are not dis
posed to be put in the position Of
laying down legal principles, but
in substance their contention is
that under the laws as they exist
today, Japanese in the United
Ststes are entitled to naturaliza-
ton.
They freely admit that in some
instances the United States Courts
have taken the ground that such
applications cannot be entertained,
notably in the Boston case decid.
ed June 81, 1894, known as
"In re Saito," but they also assert
that the practise of the courts has
not been by any means uniform
in this matter, and there are very
many cases where Japanese have
been admitted to the rights of
naturalization without the slight
est objection on the part of the
Court. 1t is not denied that the
State Department itself has not
been consistent in it's treat
ment of the question, as
is made plain by reference 10 the
existing regulations for the gov
eminent of the diplomatic service,
in which is to be found a direction
to United States officers abroad to
refuse to recognize the claims of
Japanese to naturslized citizens
rights. However, the regulation
was founded upon the old statute,
Section 2l69, which was couched
in terms SO vague as to give rise to
the varying construction placed
upon it by the courts, and the
latest view of the department is,
as stated, that the Japanese may
apply for naturalization.
This statute seems to limit
naturalization to white persons
and persons of African descent
1t was plainly piece of patch
work as history reveals, and al ex
act application of the test of Ian,
guage tUit would motif is held, prove
the real purpose of its authors
But aside from that, the broad
question has been raised
that the japanese are moi
TO be regarded as outside of TIT
white races, they not being Mon
golian in the true chronological
sense 1t is probably suffic en-
for the purpose of this explana
ton of the departments position
to cite these considera ions al
matters that might readily accoun
for the failure OF the courts I,
reach unanimhy in the construc
lion of this law. There has no
been, up to this time, it is said
any expression of opinion on tn
part Of the court of last resort
the United States Supreme Court
and until such opinion shall have
been called for the question can
not be regarded as settled.
When the opinion is rendered
of course, the Department of Stat
will be bound by it, and mean
while it has no desire to pose as
usurper of the rights of the judi
cial branch of the Government
AS for the conditions that will
\ arise under the new treaty wit
, Japan, that goes into effect il
1899, the department holds, that i
confers upon the Japanese. tn
rights Of favored nations in al
. matters. While there does nc
as yet exist any naturalizatio
: treaty between japan and tn
United States this cannot be re