Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-01-30
MANDAMUS GRANTED
FILIPINO WINS POINT IN CON-
TENTIoN OVER CITIZENSHIP.
Clerk Of District Court Required to
Receive Declaration of Inten-
tion-Appeal Noted.

In the case Of Antonio NJ. Opisso y de
Ycaza against John r. Young. clerk OF the
Supreme Court Of the District of Columbia
No. 2, today ordered that writ OF man
Nofl e, toda yordered that a writ OF man
damus be granted directing the clerk to re-
ceive Mr.. Opisso's declaration of intention
to become citizen of the United States.
Mr. Opisso, In his petition for writ OF
mandamus, fled May 20, 1902, states that
he was born In the city of Manila In De-
cember 1880, of Spanish parents, and tnat
he lived there until 1901, when he came to
the United States; that at the time ofthe
cession of the Philippine Islands to the
United States his father was dead and MS
mother was residing in Manila: that after
coming to Washington he appeared before
Mr.. Young, as clerk, in May. 19O2, ana re-
Quested the official to receive his declara-
ton of intention to become citizen OF the
United States, but that Mr.. Young refused
to do so.
Mr.. Young's Contention.
Mr.. Young set up the fact that Opisso's
petition did not show that he complied with
the provisions of the treaty with Spain OF
December 10. 1898, which required all Span
ish citizens living in the Philippines who
desired to retain their Spanish nationality
to so declare within year from the ex-
change of the ratification of the treaty,
and the clerk therefore commended that
OpisSo was not an alien.
The case was heard before Judge ca
baugh on December 80 and 81 last, Messrs.
Daniel w. O'Donoghue and A. Saunders
Worthington appearing for Opisso, and
Ashley NJ. Gould, then United States attor-
ney, and Jesse c. Adkins, assistant United
States attorney, appearing for Mr.. Young.
In his opinion rendered today Justice Cla-
baugh stated that the function of the clerk
in receiving declarations for becoming cit
of he T~fk 80 <o&1 to- o11 ,fv>
isterlal duty, and that therefore his action
was subject to control by writ of man
damuS.
Privilege Conceded.
He further held that under the decisions
Of the Supreme Court Of the United States
when change occurs in the sovereignty
or nationality Of territory the Inhabitants
of such territory have the right to elect
whether they will retain their original ma
tionaity or adopt that Of the new sover-
eighty: that this right was recognized In
the treaty ceding the Philippine Islands to
the United States. which gave the Spanish
citizens residing there the right to retain
their Spanish citizenship by making a de-
claration within year from the exchange
of the notifications of the treaty; that
Opisso could not make this declaration in
the form provided by the treaty, because he
was minor and could not, during his in
fancy. make binding election, and that
WHICH ue dltdiLcu the age VI lIldJOTlly Lie
time limited in the treaty had expired, and
that he could make such election after be-
coming of age, for otherwise he would be
debarred Of it altogether: and that the facts
in the present case showed that Mr.. Opisso
had. elected to retain his Spanish nation
ality, and that therefore he was now an
alien. and could therefore become a citizen
of the United States.
Taking this view. the court found 1t
necessary to go into the question Of the
citizenship or nationality of the native in
habitants Of the Philippine Islands, and did
not pass upon that question.
An appeal was noted on behalf Of the
clerk Of the court to the Court of Appeals
of the District of Columbia.