The sun. [volume] (New York [N.Y.]) 1833-1916, 1910-03-23

Americans 90 the Cathay stock.
Incident 20 the approval 81 a get OF arti-
cles Of incorporation. Iu~tice FITZ'iER-
AID " the supreme Court II New York
county has raised the question IT citizen
ship Of this country by birth. Certain
Cinnamon using the term in ita common
slGniiication ~ an ethnic designation.
applied Ia the Court for the permission to
incorporate the Chlne~r American Young
Mems Association and the Chimes, Mu-
nial Assurance Association In their
moving papers they act forth the e~=en-
'ial fact that nv reasoD of their birth in
this country the first clause II the Four
ternth Amendment established their citi-
lenship n Americans under the JUs NOi'
Not wholly traVerSlng tins fact. JuStioe
FIT1iERAID withholds the PERMISSION To
incorporate until the applicants shall
present affidavits establishing that their
parents had permanent d"rnicile and
DID business here AMI were not engaged
IN n diplomatic capacity fer the En-
peror of China
The latter point can affe't thase
Chinese American Young men very
little. II NJ all since ANsoN BURLIN-
GAME established tho Chinese legation
NJ Washington there have been few Chi
ne%e Ministers NJ far a. is recalled M
Minister has become father while at his
post of his duty. The extraterritoFialitv
does not extend beyond the legation and
it, diplomatic officers. II il expressly
withheld from Cons'Ils who are not spe-
officially vested with diplomatic functions.
In this group 81 American born China
men IL il most unlikely that any are
conditioned by birth under diplomatic
eXtraterritOriality.
The condition that the alien parents
this country -s-eu,s Ia lim' and tn ~
strict "A very considerable line ~ court
derisions on the acquisition VI American
citizenship by Chinese under the estab-
lished doctrine of the iHs S,h
II u manifest that the issue Of peTIua-
nent domicile must he IT general appli-
cation to all cases 81 children born in
America of alien parents Upon this
point we find definite ruling nv a court
II this State. therefore precedent in
the present matter. JULIA LYNCH was
born in New York II alien parents in
her father and mother in this city.
returned with them the same year tn
the country Il their citizenship and
always resided there The court held
Lynch w.. Clarke. ? Sanford $3.50 that
every person born within the dominions
and allegiance Of the United States,
whatever the situation 81 It's parents.
was a natural born citizen. This case
expressly denies the need Of permanent
domicile and business. for in the terms
Of the decision the Lynch parents were
commorant
To the consideration of the ethnic
problem great and careful attention
has been given. The opinion 81 AttOr-
ney-GeneTal BATES ~ couched IN the
most unmistakable terms:
Every psrSon horn in this country IL at ne
moment % blrth prima fAcie ci,iIsn. and he
"
burden ~ proving sons great Acknowledgement
strong enough to override the natural horn
rirht - re-nEuiScd by tn. Constitution in terms
me most simple ana comprehensive and without
any reference n rare color or any oth.r soci
dental cIrcvmstAncs
The leading cRse - thar 81 WONG MN
NEK, decided in January. ISos by Judge
-.
Court for the Northern District IT Cali
forna In passing We note the we'll
known hO=t litv ~ that State ~ the pres
enCs' of cinnamon On any pr'reXt In
thus case WOSG. born in this country II
Chinese parents hal gone ~ China.
Upon his return to the land II hrs birth
he war REFUSED admission by mason ~
the chinese exclusion act The cAss was
handled Nv counsel for the
I nted States. hut Judge MORROW in
a most unpopular deCision held that
WoNG was a citizen nv birth and there
fore not a @,IbjeCt for the exclusion act.
That tins was good law despite i1sunpop-
ularity was mad" manifest when the
Supreme Court on appeal affirmed. in
March. ISas m" judgment of the court
below
In This historic dNCision. which none
bat itself NAV seek 20 limit or IN over
r7ile. tho supreme Court haz established
the Jus -0h ~ fundamental, in-'ISsepti-
blc ~ restriction nv conditions NJ race
~ the alien parents. duration ~ their
soIourn after they have gwen birth To
an American citizen, nr considerations NJ
'hoir gainful livelihood