Evening star. [volume] (Washington, D.C.) 1854-1972, 1902-06-24
STATUS NOT DEFINED
GOVERNMENTS POSITION RE-
GARDING PHILIPPINE SUBJECT.
Answer to Petition Of Antonio M
Opisso y de Ycaza-His Citizen
ship Intentions.

What amounts to an official pronuncia-
mento of the position of the administration
on the question of citizenship in the Philip
pines, pending further legislation, was filed
IN the Supreme Court of the District of Co.
lumbia today. 1t is in the form of an an
swer to the rule of the court to show cause
why a mandamuS should not issue requir-
ing John X. Young, clerk Of the court, to
allow Antonio M Opisso Y de Ycaza re-
Gently an inhabitant of the Philippines, to
declare his citizenship intentions before Mr..
Young, as clerk, as petitioned by the Fill
plno. The answer prepared by United States
District Attorney Gould,and approved by At
torney General Knox, points out that Con-
gress has not yet determined the civil rights
and political status of the Philippine inhab-
itants. and that the defendant, Clerk Young,
is without any authority to receive such
declaration. The answer also says it is as
sumed that the petitioner intended to re-
nounce his allegiance to Spain and adopt
the nationality of the territory of the
philippines, inasmuch as he does not allege
that he took the steps required by article
of the treaty with Spain, providing that a
declaration of decision to preserve al
legiance to Spain should be made before a
court of record by April II, 1900.
The Governments Contention.
1t is contended by Mr.. Young that Ycaza
has not by his petition set forth such facts
as make it lawful for the clerk to receive
or file in his office as the clerk of this court
1caza's declaration of his intention to be-
come citizen of the United States and to
renounce forever all allegiance or fidelity to
any foreign prince, potentate state or SOW
erelgnty, and particularly by name to the
prince, potentate, state or sovereignty of
winch 4caza is or was at the time of
MS application citizen or subject for the
reason that 1t appears by the allegations of
the petition that Ycaza was on the lon of
december, 1898, Spanish subject, native
or ~--e Philippine Islands. and residing in
Ihe territory over which the kingdom of
spain, by the treaty of the date mentioned,
rellnquished or ceded her sovereignty, and
thdt 1caZa further continued as an in
naptant of that territory until August 2
l9ol when he departed therefrom to take
up his residence in the United States of
America.
Article Nine of Treaty.
Clerk Young further AYERS that, mas
much as 4caza does not allege in his petit
ton that he took the steps provided in ar
ticle nine of the treaty to preserve mis-
allegiance to the kingdom of Spain by max
lions of the treaty, that it, within a year
from the date of the exchange of ratifica-
ton Of the treaty, that is within year
AFTER April IL, 1899, a declaration of his
decision to preserve such allegiance it is
assumed that he intended to renounce such
allegiance and to adopt the nationality OF
the territory of the Philippine Islands.
1t is added by Mr. Young that by the
terms of the treaty it was provided that
native inhabitants of the said Philippine
Islands shall be determined by the Con-
gress of the United States, and that Con.
gress has not as yet determined the same.