The morning news. [volume] (Savannah, Ga.) 1887-1900, 1898-02-06
CITIZENSHIP FOR JAPANESE.
SUBJECTS OF THE MIkADO ENTI-
TIED TO NATURALIZATION.

In Some Instances, However, United
States Courts Have Taken the
Ground That such Applications
Cannot be Entertained-The state
Department Inconsistent in Its
Treatment of the QuestfOn-Matter
Never Passed on by the Supreme
Court.
Washington, Feb. SIN view of the
question that has been raised as to the
correctness of the conclusion reached 10y
the officials of the state department who
have been engaged in the negotiations
with the japanese government as to the
status of japanese in Hawaii, If the an
nexation is completed, further inquiry was
made to-day to ascertain the ground for
the statement that the Japanese, unless
there was legislation to the contrary by
Congress, would be entitled to the privi-
leges of naturalization, if they so desire,
and are otherwise able to meet the re-
quirments of the law.
The officials naturally are reluctant to
discuss publicly a question of this kind,
which must be hypothetical in advance Of
the disposition of the treaty and, more
over, are indisposed to be put in the posi-
ton of laying down principles.
But in substance their contention is that
under the laws as they exist to-day, jap
anese in the United States are entitled to
naturalization. They freely admit that in
some instances the United States courts
have taken the ground that such applaa-
lions cannot be entertained as in the Bos-
ton case decided June a. 1884, known as
lin re Saito." but they also assert that
the practice of the courts has not been
by any means uniform in this matter, and
that there are very many cases where
japanese have been admitted to the rights
of naturalization without the slightest OBJ
lection on the part of the court.
1t is moi denied that the state depart
ment has not been consistent in its treat
ment of the question, as Is made plain
by reference to the existing regulations
for the government of the diplomatic scr.
vice. In which is to be found direction
10 United States officers abroad to refuse
to recognize the claims of japanese to
naturaliZed citizens rights. However, the
regulations were founded upon the old
statute, section 2l69, which was couched
in terms SO vague as to give rise to the
varying constructions placed upon 1t by
the courts and the latest view of the de-
partment is. as stated that the japanese
may apply for naturalization. This statute
seems TO limit naturalization to white per-
sons and persons of African descent. 1t
was plainly piece OF patchwork, as his
tory reveals, and an exact application
of the text of the language would not,
ii is held, serve The real purpose of its
authors.
But aside from this, the broad question
has been raised that Japanese are not to
be regarded as outside of the white race,
they not being Monaghan in the true
ethical sense. 1t is probably sufficient for
the purpose of this explanation of the de-
partment's position to cite those consid-
erations as matter that might readily ac-
count for the failure of the courts to
reach unanimity in the construction of
this law. There has not been up to this
time, 1t is said, any expression of opin-
ion on the part of the court of last re-
sort, the United States Supreme Court
and until such an opinion shall have been
called forth, the question cannot be re-
gardod as settled. When that opinion is
rendered, of course the department of
state Will be bound by it, and meanwhile
1t has no desire to pose as usurper of
the rights of the judicial branch of the
government.
AS for the condition that will arise I'M
der the new treaty with Japan that goes
into effect in 1S99 the department holds
that it confers upon the Japanese the
rights of the most favored nations in all
matters. While there does not as vet ex-
list any naturalization treaty between ia
pan and the United States this cannot be
regarded as a bar to naturalization for
there are no such treaties existing with
a number of countries, the citizens of
which are admitted TO United States citi-
zenship upon compliance with the laws.