The age-herald., 1898-02-06
A COMPLICATION
 HAS ARISEN About the Agreement Negotiat-
 ed With Japan. SEVERAL INSTANCES CITED Of Where Japanese Have Become hatur-
 aliz0d Citizens. RULING OF COURTS NOT UNIFORM On This Question and the Department
 Not Consistent. ENTITLED TO CITIZENSHIP NOW
 
 Is One of the Contentious of the Officials Statute Which Seems to Limit Natural ization to Whites and Persons
 of African Descent.


Washington, Feb. 5-In view of the ques- tion that has been raised as to the cor rectness 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 the Hawaiian islands if the annexation is completed, further inquiry was made today to ascertain the ground for the statement that the Japanese, un- less there was legislation to the contrary by congress, would be entitled to the priv ileges of naturalization, if they so desire, and are otherwise able to meet the re- quirements of the law.
 The officials naturally are reluctant to discuss publicly 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- tion of laying down principles But, in substance, their contention that under the laws as they exist today, Japanese in the United States are entitled to naturaliza- tion. They freely admit that in some in> stances the United States courts have taken the ground that such applications cannot be entertained. In the Boston case, decided June 27, 1894, known as Tn Re Saito,' but they also assert that the prac- tice 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 nat uralization without the slightest objection on the part of the country.
 Has Not Been Consistent.
 It is not 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 service, in which is to be found a direction to United States officials abroad to refuse to recognize the claims of Japanese to nat uralized citizens rights. However, the reg uations were founded on the old statute, section 2169 which was couched in terms so vague as to give rise to the varying constructions placed upon by the courts, and the lates view of the department ia, as stated that the Japanese may apply for naturalization.
 This statute seems to limit naturaliza- ton to white persons and persons of Af- rican descent. It was plainly a piece of patchwork, as history reveals, and an ex- act application of the test of language to 1t would not it 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 races, they not being Mongolian in the true ethical sense.
 Court of Last Resort.
 It Is probably sufficient. for the purpose of this explanation of the departments position to cite those considerations as matter that might readily account for the failure of the courts to reach unani- mity In the construction of this law. There has not been, up to this time,-ft is said, any expression of opinion on the part of the court of last resort the United States supreme court, and until such an opinion shah have been called forth, the question cannot be regarded as settled. When that opinion is rendered, of course the de- pertinent of state will be bound by 1t, and meanwhile 1t has no desire to pose as a usurper of the rights of the judicial branch of the government
 AS for the condition that will arise under the new treaty with Japan that goes into effect in 1899, the department holds that 1t confers upon the Japanese the rights of favored nations in all matters. While there does not as yet exist any naturaliza- ton treaty between Japan and the United States this cannot be regarded as a bar to naturalization, for there are no such treaties existing with a number of coun- tries, the citizens of which are admitted to the United States citizenship upon con- pliance with the laws