The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-08-22
Question Has Arisen and VIII
Probably Be Made
An Issue
TOOK OUT PAPERS
AGAIN YESTERDAY
Mr.. Phillips Claims That He Was Nat
praIIzed In 1888 and That Ger.
tIflcate and All Records
Were Burned.

Was Police Commissioner George G.
Phillips citizen of the United States
and legally entitled to vote and hold Of
flee at the time of his election two years
ago?
The question arose yesterday and win
probably have to be settled in the courts
MIR. Phillips yesterday took out natu-
radiation papers which he claims are the
second ne has obtained, the first having
been destroyed In Texas In 1885.
The legal point has arisen: Will the
courts accept a personal statement re-
gardlng the first papers. or will 1t be nee
essary to produce legal records?
Mr.. Phillips appeared before Judge A.
A. Coleman of the circuit court February
20, 1908 and declared his intention to be-
come a citizen of the United States. As
provided by law naturalization papers
could not be granted him by the court
until two years from that date. Until
the second papers of a foreigner seeking
to be naturalized have been taken out
he is not legally a citizen of the United
States.
Mr. Phillips and his attorney, Judge
,Zel CASTOR, appeared before Judge Cole
man yesterday, and after legal prelim-
inaries took out the second papers and
the former became a citizen of the United
States. Judge Coleman stated last night
that when Mr. Phillips asked for his frat
papers he said that his naturalization
papers taken out In 1888 in Texas, as well
as the records of the court, had been de-
stroyed by fire. The clerk of the court at
the time the papers were taken out had
died, and that there remained no way to
get legal confirmation of his statement.
Question Up Before.
The question of Mr.. Phillips citizen
ship was brought up when he was mem
toned In connection with the roll for
police commissioner two years ago, and
the advice of Judge Coleman on the ques-
ton was sought. Judge Coleman deemed
1t proper that he again take out papers
so as to prevent any contention on the
question.
The advice of Judge Coleman was ac-
cepted and the first papers were taken
out, and yesterday Mr.. Phillips became
citizen of this country. The question to
be decided now however, is whether or
not he was a citizen prior TO yesterday.
Judge Coleman declined to express an
opinion In regard to the part the papers
claimed to have been taken out by Mr..
Phillips In Texas would play in the ques-'
ton of his citizenship.
1t is the general opinion among attor-
news in the city that Mr.. Phillips will
have to prove. legally, that HE took out
naturalization papers in 1883 should any
one see fit to press the matter. Attof-
neys also agree that he was not entitled
to hold office or to vote until yesterday
unless he can prove legally. that he took
out naturalization papers prior to yester-
day
On the other hand Mr.. Phillips thinks
that he has been a naturalized citizen
since 1888 and Is therefore entitled to
hold the office to which he was elected.
The question is a live one and Com
missioner Brown so 1t is said, has been
investigating the matter 18th view 70
making 1t an issue.
The police commission meets tonight
and the matter may come up under some
part of the answer that Commissioner
Phillips Is TO file to the request of the
commission that he tender his resigna-
tion.
Phillips Statement.
Concerning his citizenship Mr.. Phillips
last night said:
II have been an American citizen and
a voter in this county since 1888 | came
TO this country from England IN 1913 ana
took out my first naturalization papers
at Buffalo Gap, Taylor county Texas. in
the year 1881. The court house of that
county was later removed to Abeline and.
according to the best of my recollection,
fire occurred in 1883 which practically
destroyed Abilene, including the court
house and the records. In this same fire
l lost my butcher shop there which
meant all else l had in the world.
ut did not occur to me then, being a
new resident of this country. that 1t
would be necessary for me to take out
new papers. and I did not do so. When
| was a candidate for police commission
err however a friend of mine approached
me and said he had understood that I
was not naturalized citizen of this
country This was a shock to me, as i
knew / had been a citizen for more than
twenty years, and | told my friend the
circumstances.
accompanied by Judge John H. Miller
I went to Judge Coleman's office and,
after hearing the status of the case, Judge
Coleman advised me to take out new pa
pers. which did February g. 1903
II have qualified and voted as a legal