The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1913-04-27
JAPANESE CASE
UP in RICHMOND.
Court of Appeals Decided in
1910 Against Granting
Citizenship.
TROUBLING CALIFORNIA
Problem Settled Here Underlies
Anti-Japanese Agitation on
Pacific Coast.
TROUBLING CALIFORNIA

More than three years ago the United
States Circuit Court OF appeals din
Richmond. In an opinion by Judge Golf.
denied the citizenship application of
Japanese domcsticated In Portsmouth.
on the ground that the privilege was
extended only to persons OF Caucasian
and African descent. The case is in
teresting at this time, when the Sec
Rotary Of State Is speeding across tho
continent to Sacramento where the
.eslsiature or California is graphing
with similar Japanese problem
While the question OF tho eligibility
or the Japanese to American citizen
snip is not the Immediate problem in
the California crisis 1t underlies the
whole agitation. The Legislature OF
that State has on Its calendar a bill
which, II passed, Will restrict the abili-
" to buy and own land In that state
TO those persons only who are eligible
To citizenship. The law. while general
In Its provisions, is clearly aimed at
what the Californians regard as the
growing peril OF Japanese land owner
ship.
The situation is complicated by the
fact that treaty provisions between
this country and Japan appear to
guarantee the right Of Japanese In
THIS country to buy and own land Tho
anti-Japanese element. however, justi-
fes the proposed restriction by siri-
lar restrictions, which are enforced
against Americans residing in certain
parts of Japan.
Was steward In Navy.
In the case which was finally de-
clded In Richmond the petitioner was
Namyo Bessho, OF Portsmouth. who
gave his occupation as commandments
chief steward. United States Navy, sta
.n1 90
steward to Admiral h ID. Taussig He
was married to an American woman.
and had been regularly enlisted in
the United States Navy since July g.
1895. On December 80. 1903 he applied
for naturalization to Judge Waddiil in
tho United States District Court at
Norfolk. claiming the right to become
citizen under the naval appropria-
ton act OF July 20. 1894. the pertinent
clause OF which reads
Any allen of the age OF twenty one
years and upward who has enlisted or
may enlist in the United States Navy
or Marine Corps. and has served or
years In the United States Navy on
one enlistment in the United States
Marine Corps. and has been or here
after may be honorably discha rged,
shall be admitted to become a citizen
OF the United States upon his petition.
Withcut any previous declaration of his
intention to become such: and the court
admitting such allen shall. In addition
to proof of good moral character, be
satisfied by competent proof OF such
PERSONS service IN and honorable dis
charge from. the United states Navy
or Marine Corps
Petition Denied.
The petition was followed by plea
TO the jurisdiction filed oy the United
States, and was later dismissed by
Judge Waddill. who held that the law
Just quoted was limited by Section
2.l63. of the Revised Statutes of the
United states, which provides that the
right OF naturalization shall extend
only to free white persons and TO per-
sons of African nativity and of African
descent.
The case was taken to the Circuit
Court OF Appeals in Richmond, which.
IN an opinion by Judge Goff. on Feb
ruary /, 1910. upheld the position of
Judge Waddill. and affirmed his de-
cision. The opinion reviewed the his
tory OF legislation on this subject,
and held that 1t was the clear inten-