The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1908-08-19

1 The test ease 10 decide whether Jap
anese are entitled to naturalization
seems likely 70 arise n Hawaii Ma
sakeehl Sunk, a japanese, appeared
il the Office Of the clerk of the United
States District Court yesterday and
presenting q certified copy OF the rec
] ord Of the United States Circuit Court
for the southern district Of New York
showing that he had duly declared Iii
intention Of becoming citizen Of the
United States IN that court, applied fol
his second papers, which would coasti-
fute hFm citizen OF the United
States
The certified copy was signed By
John A. Shields, clerk OF the court,
and bore the seal OF the court. Il
showed that the declaration OF inten-
ton had been made June 2, 1906.
In reply TO questions BY Deputy
Clerk Murphy, Suzuki said be had
first come TO the United States in 1856,
arriving At that time IN San Fran
cisco. After living there three years
he had gone 10 Seattle, and later so
Los Angeles, and had then come 10 H0-
noIulu, where he lived twelve years,
and then went to New York, where he
lived for two years, and then returned
10 Honolulu He referred TO z. e.
Trent, Secretary e. A. Mott-Smith, and
Peter High, for the latter Of whom he
Is now working. He has been employ
ed by S. C. Allen, H. II. Dow and J.
Il. Dowsets.
REFERRED TO WASHINGTON.
Clerk Murphy asked the advice of
United States District Attorney Breck-
ons, and Suzuki was told TO come again
this morning. Meanwhile the matter
was referred by cable to the Depart
ment OF Justice at Washington.
The general instructions from the
Department Of Commerce and Labor to
clerks Of courts. in regard to natural
ization, are as follows:
sfThe clerk Of court shall not re-
eeive declarations Of intention or file
petition for naturalization from other
aliens than of white persons or per-
sons Of African nativity or Of African
descent, nor from persons not residing
in the judicial district In which the
court is held. !"
JAPANESE AND ssWHITE PER
SONS. -
This raises the question Of whether
a japanese is white person within
the meaning Of the naturalization stat
utes of the United States. That gues
ton has been raised in different forms
in different courts, and all Of them
have held that these statutes mean a
person of the Caucasian race when they
speak OF "white persons,' but there
have been such developments in the
science of ethnology and in the elassi-
feation and Technology of races with |
in the past quarter Of a century that
some very plausible arguments have |
been built up, designed to prove that |
japanese are not excluded from nat |
uralization by our laws, and the ques-
ton has never been decided by the |
Supreme Court of the United States. |
The Masakeehi Suzuki case may bring |
4 decision of this question from that |
court.
The leading case on this subject is !,
hat in re Camille, decided in the /
United States Circuit Court for the Dis
,rict of Oregon, November 2, 1880. The !
decision is by District Judge Deadly, |
and is as follows:
IN Re CAMILLE.
Frank Camille petitions to be admit.
ed to become a citizen of the United /
States under section 2167 OF the Re
yised Statutes as an alien who has re-
ided in the United States the three
vears next preceding his arriving at the
Ige of twenty-one years, and without
aving made the declaration of his in
entions in that respect required in the
irst condition of section 2l63 of the
Revised Statutes.
From the evidence it appears that
be applicant was born at KamloOps, in
British Columbia, in I547, and at the
ge of seventeen came to Oregon, where
e has ever since resided. and that he Is
therwise entitled to admission, if he Is
"white. person, within the meaning
{ that phrase as used in section 2167
f the Revised Statutes, as amended by
he act of February Is, 1875. His
ather was white Canadian, and his
lother an Indian woman of British
olumbia, and is, therefore, of half In !
ian blood.
All YUP'S CASE.
.'In re All Yup, Sawyer, 155, it was
cid by Mr.. Justice Sawyer that the ]
ords white person. as used in the I
q III oaIiZdbiDA 1dNSs HI6dH a PERSON Oh
Re Caucasian race, and do not include !
ne who belongs to the Mongolian race ?
] the course of the opinion he says: I
Words in a statute, other than technical 4
rms, should be taken in their ordinary :
nse. The words ''white person. as s
ell argued by petitioner s counsel, i
ken in strictly literal sense, con- | 1
itute very indefinite description of ,
class of persons, where none can be :
id to be literally white, and those Z
Illed white may be found of every
lade from the lightest blonde to the :
ost swarthy brunette. But these
ords, in this country at least, have :
ldoubtedly acquired well settled |
Gaming in common popular speech, and .
ley are constantly used in the litera-
ire of the country, as well as in com
on parlance. AS ordinarily used ev- :
ywhere in the United States. one
ould scarcely fail to understand that
lie party employing the words ''white s
srson' would intend person of the v
aucasian race. :