The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1904-01-20
PORTO RlCANS NOT ALIENS
Supreme Court Reverses Ruling Of
Commissioner Of immigration.
Chief Justice Fuller Says the People Of
Porto Rico Are Governed by the
Laws Of the United States.

Washington, D. c. - The Supreme
Court has decided that citizens of Por.
to Rico are not aliens within the mean.
ing of the immigration act, and re.
versed the ruling of immigration Com.
missioner Williams at New York in re.
fusing admission to Isabella Gonzales,
native of the island, on the ground
that she was likely to become public
charge.
The court. said Chief Justice Fuller.
in announcing the opinion, did not
think it necessary to pass on the ques.
ton of the power Of Congress in the
premises. and the only thing vital in
the case was whether Miss Gonzales
was an alien within the meaning Of the
act of 1891. That act related to per
sons having allegiance to foreign gov.
ernments. The people Of Porto Rico
being governed by laws of the Congress
of the United States, executed by Off
GERS appointed by the President of the
United States, were, not aliens within
the meaning of the immigration laws.
and Miss Gonzales should be admitted
to the United States.
The court was unanimous in that opin.
ion.
by the Constitution of the Spanish
monarchy and the Spanish civil code
in force in Porto Rico when the treaty
of Paris was proclaimed said Chief
| Justice Fuller in delivering the opin-
ion, persons born in Spanish territory
were declared to be Spanish subjects
but Porto RicanS who were not natives
Of the Peninsula remaining in Porto
Rico could not. according to the terms
Of the treaty, elect to retain their allie
glance to Spain. BY the cession theil
allegiance became due to the United
States. which was in possession and
had assumed the government. and they
became entitled to its protection. The
can instead of Spanish. and by the
treaty Peninsulars not deciding to pre-.
serve their allegiance to Spain were to
be held to have renounced it and to
have adopted the nationality of the
place in which they may reside"
| The opinion notes the legislation by
Congress providing a civil government
:or the island and for the appointment
of officials to carry out the laws and
the election of commissioner to the
United States. and says that Miss Con.
! galcs was q citizen Of Porto Rico un.
der the terms of the immigration act,
as it contained nothing OF implied
nothing to indicate the intention of
Congress that the. Porto Ricans should
b, considered as aliens.
AS to the contention CT the Depart
:Eent of Justice that the test Of Con.
zales' rights was citizenship. of United
States and not alien. or the contention
advanced by counsel for Gonzales that
the cession of Porto Rico accomplished
the naturalization of its people or that
| citizen of Porto Rico under the act
| Of 1900 was necessarily citizen Of the
| United States. the court did not feel
| called upon to pass, or upon the power
of Congress in the premises. The only
| question was that arising under the
immigration act. and the court thought
it clear that that act related to for
| eigners as respects their country, to
persons owning allegiance to foreign
Government and citizens thereof. Cit.
izens of Porto Rico whose permanent
allegiance was due to the United
States, who lived in the dominion of
the United States. the law of whose
domicle was enacted by the United
States and enforced by officials sworn
to support the Constitution Of the Uni
ted States. were not aliens when arriv-
| ing a + norris of the United States.