The Barre daily times. (Barre, Vt.) 1897-1959, 1906-02-07
States Attorneys Status Rests
With Supreme Court
ARGUMENTS GIVEN TODAY
II Is the Plan Of the Relator, Charles A
Phelps, to Prove That the Official
Is a Citizen Of Canada, Not
United States.

| Whelher state Attorney >. Holilste:
Jackson Of Washington county is al
alien or an American citizen now rests
with the Vermont Supreme court. Fol
nearly two days that court has beer
listening 70 the arguments in tile quo
warranto case brought w Charles A
Phelps against Mr.. jackson, demanding
10 knew why hc is holding the Office oi
states attorney. Mr. Jackson is assist
| ed in the presentation Of his case by
Attorneys John w. Gordon and w. Al
Lord while the relator is represented by
May and Hill OF st. Jollnshury and
Richard A. Hoar Of Barre. The proceed.
ings arise from criminal ease institut,
ed against Phelps, charging him with
conducting bucket shop. Phelps was
local representative for the Boston
firm of III. r. Leighton Il Co., which re-
Gently failed
The papers iii the proceeding are
yOlnminous, the defendants brief cover
ing AZ pages Of printed matter. The
Opposing brief covers ten less printed
pages 81 matter. Both 10 back to tile
ancestry of the official 10 Revolutionary
periods III their cndeavor. The one to
prove that the States attorney is an
American citizen and the other that lie
is a citizen Of Canada.
Grounds Of the Defense.
Briefly stated, the defendant presented
nine points, as follows;
az Uncontradicted evidence that the
defendants great grandparents were
American citizens and were born in this
country of American citizens.
(2) His grandfather Was born in
Massachusetts, of American parents and
lived there until he was about two years
old.
(5) His great grandparents removed to
Canada when the grandfather was about
two years old.
(4) his great grandfather went To
Canada as an American missionary.
(Jl He remained there more than %
years, or until the majority Of the dc.
fendant's grandfather, Horatio Nelson
jackson.
k6) Were no naturalization laws In
Canada or means by which the great
grandparents could have become Canad
ian citizens until the act Of 1881, which
did not take effect until June, 1882, o.
until the grandfather Of the defendant
had reached his majority.
(7) There We're no naturalization laws
in Canada until 1881, BY which the
naturalization OF the parents would af.
feet the children, 50 that the defendants
grandfather never could have had de.
rivative citizenship, nor could the faith
er of the defendant.
(s) The act of 1881 shows that
aliens held public Office and received
grants Of crown land.
(9) Mickle and MacI.eman, depon-
ents in this case, repeatedly say that
the grandfather must by his own acts
and not by those of his father become
naturaIiEed.
The defendant claims that the cnly
evidence that would tend to show. II Ii
does have that tendency, that the grand
father was Canadian citizen vas Che
evidence that he vas appointed q JUS
tice of the peace. ii 1886 and received
grant Of land Of his father in 1885.
HoTatio Nelson jackson, grandfather of
the defendant, was in the service OF
New York state and spent a part Of
each year of the last 2s OF his life in
the United States and died in the colln-
try Of his birth. He married an Ameri.
can citizen; therefore the Rev S. n.
jackson, father of the defendant, was
born Of American citizens in Canada.
This gave him defendants father) the
right TO elect AZ his majority or within
a reasonable time the country Of which
he would be citizen. The uncontre-
Ind nastI q, .lna4 q H.
ant. that the Rev S. n. Jackson did
elect the United States for his country
and that he actually took up bis resi-
dence therein before, at the time Of.
and after his majority, that he has lived
q portion OF his life here. that he now
lives here, has exercised all the rights
and performed the duties of an Ameri-
can citizen, and has been voter here
for the last ten years. His only pur.
pose Of residing IN Canada was that OF
a minister Of tho gospel
The defendants father and the defend
ants uncle, j. Henry Jackson, offered
their services as soldiers for the United
States ia the Civil war The defend !
ants father and his two relatives, J. |
Henry jackson and Joseph W. Jackson, !
were all educated in this country by
their father, who intended them 60 be |
and brought them mp TO be American /
citizens. J. Henry Jackson elected the
United States rs his country when he
became Of age aud has held Office under
the town, city, state and federal govern.
ment.
Defendant Chose United States.
s. Hollister Jackson, tho defendant
while in his minority, was employed by 1
The United States consul in the service /
of the United States, because Of his
American citizenship and he actually |
-ame to reside in this country before /
bis majority, and has remained here ever
since At the earliest opportunity he
Elected this government as his sovereign
Ey by taking all the oaths that the state
md federal government require BY law
md exercised the rights and performed
Ihc duties Of American citizenship Ne
has been grand juror and states &C.
Lorney.
Was Born in Toronto.
The defendant was born III Toronto
u 1878 and came to Barre IN 1895, has
since resided there, secured his higher
ia the United States and took