Los Angeles herald., 1909-11-05
SAYS SYR!ANS
ARE CITIZENS
JUDGE HUTT0N'S DECISION HAS
NATIONAL IMPORT
Seventeen Thousand Men Are Inter-
ested in Ruling Of Superior Court
on Test Case to Settle
Question

Assured, temporarily at least that
the mantle of citizenship placed on
their shoulders by Uncle Sans natur-
alization officers will not be removed,
1900 Syrlans scattered throughout the
length and breadth of the land VIII
breathe easier when they hear of the
decision rendered yesterday by Judge
George III. Hutton of the superior
court, to whom the first challenge to
reach the test stage was submitted
month ago.
Judge Hutton holds that syrians are
eligible to citizenship. and if diff
ferent construction is to be placed on
the meaning of the law it is for con-
gress to so declare.
The test case was made on the ap-
plication of George Shesheim for cit
izenship papers by Fred Jones natur-
alization examiner, Who acting IN ac-
cordance with instructions from WASH
ington, opposed the application ON the
ground that Syrians belonged to the
Mongolian race and should therefore
be excluded.
Judge Hutton's decision, which has
been eagerly watched for in all parts
of the country, was rendered yester-
day morning and is as follows;
"This is an application by one
George Shesheim. a Syrian to be ad-
mitted to citizenship, The federal gov
ernment acting through the depart
ment Of Justice, objects to his admis-
sion. basing its objection on the sole
ground that he is not a member OF the
white race in contemplation of section
2169 of the revised statutes of the
United States.
"The court has listened to arguments
of counsel representing the department
of Justice and eoupsel representing ap-
plicant and various friends OF the
rod
and has read their briefs with much
care and great interest If this were
a new question l might agree with
the government, but as 1t is by no
means new | am convinced that TINS
court would not be JUSTIFIED IN re,
solving a question of such uouplIu vi
construction contradictory to the rul-
ings of other courts throughout the
United states that have for many
wears admitted TO full citizenship thou-
sands of Syrians in the same position
as applicant at bar. The courts Oh
this nation, both state and FEDERAL
have. whenever called upon Tor more
than a century, construed the term
white persons, or members Vi 'he
white race. to include Syrians. II at
this late date a different construction
is 10 be placed upon the meaning or
this very doubtful statute congress
should so declare. The objection OF
the government is therefore over
ruled" -,
Hanna. and number of Syrian
friends were in the court room when
the decision was read. He had already
shown himself qualified for citizenship
in other respects and the oath OF ALE
i. glance was administered.
If is probable the matter Will be
appealed to the highest court in order
that a thorough test of the case may
be had. The far-reaching Importance
of the question may be gathered when
ii Is known that Syrian citizens OF tne
/ United States number nearly 10000
some holding offices and many owning
nronertv in states where property
holding by aliens is prohibited. A de-
cision adverse to Shesheim's applica-
ton. it is said, would have retro
active effect in the cases of other Syr-
ians already admitted into the country
as citizens, in many instances deprlv-
ing them OF their property and caus~
ing their removal in all cases where
they are Office holders.