The San Francisco call., 1898-08-16
AMERICAN CITIZENSHIP.


 can citizenship in the light of what may occur
 1 in the event of acquisition by this country of the Spanish colonies.
 The Wong Kim Ark case IS quoted Ark was born in California, and, having visited China, his re turn here denied landing. He claimed citizenship by birthrght and the Supreme Court gave 1t to him. The majority of the court held that undened parts of the constitution must be interpreted in the light of the common law of England which makes the birthplace the criterion of nationality. It is thereupon argued by Chief Justice Fuller and Justice Harlan that such rule excludes from citizenship large num- Der of Americans born abroad, whose parents not in the consular or diplomatic service. Such per sons are far greater in number than commonly sup posed The late Charles F. Crisp Speaker of the House. was born in England, where his parents, who were play actors were sojourning professional tour.
 While the Ark decision Is of importance because makes all children hereafter born in Hawaii citizens of the United States will be those born in any terna possessions of which we may despon Spain it is of no less importance ii 1t deny citizenship Americans born in sojourn abroad
 The Revised Statutes, section I9o3 say All chil- dren heretofore born or hereafter born out of the limits and jurisdiction of the United States whose fathers were or may be at the time of their birth cit zens thereof are declared to be citizens of the United States but the rights Of citizenship shall descend to children whose fathers never resided in the United States
 Section 2I72 provides that naturalization of the father naturalizes also his minor children and makes them citizens of the United States
 It will be seen that sections 1903 and 2I72 intend egaize the descent of citizenship through the father in the first case through thc father native naturazed citizen of the United States whose child is born abroad and in the second through the father alien born by his naturalization to his minor chil dren alien born
 We are not at present Of any instance in which section 1903 has been subjected to judicial decison but section 2I72 has been in the The first case arose in Virginia and the United States Stu preme Court decision is written by Justice Washing ton William Currie, native of Scotland naturalized in Virginia His daughter Jeanette at that time an infant living in Scotland At Will liam's death his real property descended Jeanette then Mrs. Gordon The action arose upon an issue of sufciency of ttle turning upon the descent of ct zenship to her from her fathers naturalization, she being at that time a resident of Scotland. Justice Washington held with the concurrence of the court that Jeanette became citizen of the United States by the naturalization of her father and capable of in hertance under the laws of Virginia.
 This case was followed by the Circuit Court of New York in the United States vs. Hirschfeld though the facts less extreme than in the Curre case
 Now, if the Ark case extend incompetence to sec tion 1905 it must also invalidate section 2I72 which covers the case of tens of thousands of voters to whom citizenship descended through their nauralized fathers If the place of birth determne nationality and, therefore citizenship, the latter quality can more descend through naturalized than native father and the children of each must be themselves naturalized
 It will be observed that the law has treated nativity and naturalization upon precisely equal terms, with a capacity in each for transmitting citizenship regard less of birthplace of the child II this capacity be denied to one must be denied to both