The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1902-11-01
NOW
DECLARED ALIENS
ON ARRIVAL AT THIS PORT THEY
MUST BE EXAMINED AND
TREATED AS SUCH.

The Secretary of the Treasury, Les
lie NJ. Shaw says FilipinOs are aliens.
Basing this view on the very recent
opinion and decision of Judge Lacombe,
United States Circuit Judge he no
titles the Secretary of War that here
after Filipinos coming to American
ports will be treated as aliens. His
notification to the Secretary of War
together with a copy of Judge La
combe's opinion is as follows:
To the Secretary of War:
Sir: l have the honor to transmit
herewith for your information, copy
of the decision of Judge Lacombe of
the United States Circuit court for the
southern district of New York, in the
matter of the petition of Isabella Con
zalez for a writ of habeas corpus.
Inasmuch as the reasoning upon
which such opinion was based applies
with equal force to the citizens of the
Philippine Islands, this communication
is addressed to you in order that the
necessary steps may be taken to advise
such persons that upon arrival at ports
of the United States they will be eX-
amined as aliens under the provisions Of
the immigration and Chinese-eXclusion
laws.
LESLIE NJ. SHAW,
Secretary.
United States Circuit Court, Southern
District of New York, In the matter of
the petition of Isabella Gonzalez for a
writ of habeas corpus. Lacombe, cir
cult Judge: Petitioner, an unmarried
woman, is a native of Porto Rico, 20
years of age, who arrived here from
that island on August "a, 1902. She
was detained at Ellis Island Immigra-
| grant Station, was duly examined by a
/ board of special inquiry and was eX-
cluded from admission into the United
! States upon the ground that she was
liable to become public charge.
The only question open for discussion
on this application is whether or not
the petitioner is an alien. Upon all
other questions the decision of the APP
propriate immigration officers when ad-
verse to the admission of the alien, is
made final, unless reversed on appeal
to the Secretary of the Treasury. (Aci
of August IS, 1894, % Stat. L., p. 390.)
1t is true that this court held to the
contrary In re Martorelli (6S Fed. Rep.
437) following In re Panzara (51 Fed
! Rep, 275), but the act of 1894 was not
before it. The Martorelli case was de-
cided in October, 1894 before the statu-
! ties of that year were published.
The Fourteenth Amendment to the
! Constitution provides that all persons
born or naturalized in the United States
and subject to the jurisdiction thereof
are citizens of the United States. 1t is
not disputed that petitioner was by
| birth an alien; unless in some appro-
pirate way she has since been natura-
lized, she is still an alien. There is nc
| suggestion that she was ever naturaliZ-
ed under the general laws prescribed by
I Congress regulating the admission OF
aliens to citizenship The treaty OF
Paris, unlike earlier treaties which
dealt with the Louisiana and Florida
~
Alaska, did not undertake to make the
native born inhabitants of Porto Rice
citizens of the United States. 1t eX.
pressly provided that 1.-The civil right!
and political status of the native inha-
bitants of the territories hereby cedeC
to the United States shall be determin-
ed by the Congress- In conformity
with this provision of the treaty it was
provided in the act of 1900 (ch. 1911, sec
D.
THAT all inhabitants continuing t
reside therein who were Spanish sub
jects on the eleventh day of April, 1899
and then resided in Porto Rico ant
their children born subsequent thereto
shall be deemed and held to be citizen!
of Porto Rico, and as such entitled Il
the protection of the United States Eek
cepting such as had preserved their al
legiance to SPAIN, and they, tOgethe
WIN sum NitlHCilS VI Vic olli DNfAIS'
as may reside in Porto Rico shall con
tinue a body polite under the name o
The People of Porto Rico with govern
mental powers as hereinafter conferred
and with power to sue and be sued al
such"
This legislation has certainly no
operated to effect a naturalization o
the petitioner as a citizen of the United
States. Being born and not naturaliz
!, ed. she remains an alien and subject L
the provisions of law regulating the ad
mission of aliens who come to tn
United States. The writ is dismissed
October Z. 1902.