The Birmingham age-herald., 1913-06-01
CALIFORNIA; ALIEN LAND LAW
by CHARLES GEORGE
Editor The Lawyer and ID anker, San Francisco. Cal

cannot confer on his agent power to
do thing he cannot himself do
The real danger lies in Japan as
serting and proving that its citizens
are entitled to naturalization under the
privileges OF the naturalization act"
Are they of Mongolian descent? In this
connection 1t will be we'll to read the
opinion of United States District Judge
Frank A. Rudkin of Spokane, Wash,
who recently admitted to citizenship
one Akhay Mozumdar, Hindu of high
caste, native of Calcutta, India and
Yogi philosopher He was first de-
MED the right by Judge Rudl<in and
later the case was reopened with the
result stated
Judge RudlSin in his opinion SAYS:
In the original naturalization act
the expression free white persons was
doubtless primarily intended to include
the white emigrant from northern Eu-
rope with whom the Congress of that
day was familiar, and to exclude In
dians and persons of African descent or
nativity.
Beyond this perhaps Congress had
no definite object in view 1t could
not have foreseen the vast immigra-
ton problems with which the govern
ment Is now confronted, or the diff
culties which might hamper and har-
rass the courts In the administration Of
the law
But whatever the original intent
may have been, 1t is now settled by
the great weight of authority, at least
that 1t was the intention of Congress
to confer the privilege of naturanza-
ton on members of the Caucasion race
only.
1T is likewise true that certain OF
the Indians belong to that race, al
though the line of demarcation between
different castles and classes may bo
nf nrto ofy,1f1 1av1f
Il fully appreciate the fact that line
age of the applicant in these matters
must rest largely IL not entirely upon
his own testimony and that the courts
may be imposed upon, but they must
adopt the law as best they can until
Congress sees fit to prescribe a more
definite rule for their guidance.
The testimony in this case satisfies
me that the applicant has brought
himself within the provisions of tho
naturalization acts and he will be ad-
mitted to citizenship accordingly upon
the taking of the oath prescribed by
law"
Years ago, the supreme court of Cali
fornia held that Chinaman was an In
dian. so far as admitting his testimony
in court was concerned. Judge Rudkin
now holds that high caste Indian Is q
white man, and for the purpose of nat
uralization 1t Is not safe to assert what
the courts would do with the question
of a native Of Japan when the question
arises-as 1t will
Aside from the purely legal question
involved, there are other considerations
which are involved There Is moral
issue which is recognized by the citizens
of Washington and Oregon in common
with California. There Is wealth of
diplomacy in President Wilson'S position.
national commission will shortly be
named to inquire and report without de-
lay, not the alien land law. but on
the underlying Oriental question on the
Pacific coast, with view to developing
a general policy on the subject. There is
more than trans-Pacific trade or the
Panama canal at stake. The whole mat
ter should and will be sifted to the
bottom.
Since Dennis Kearney succeeded in
achieving fame and substantial pecuniary
reward by inveighing against the Chi
nese, there has been no lack of anti
Asiatic agitators In California to exploit
the race prejudice and the intolerant
and avaricious labor union sentiment of
the state Some of these agitators land
in jail. but more frequently they go to
the state legislature or to Congress. Ono
of the latter, Mr.. E. A. Hayes, is a men,
ber of the House Of Representatives,
and has constituted himself the most
prolif1c source of bills drafted for tho
shores The name of Mr. Hayes appears
at the head Of six bills, all bearing ono
date, and all apparently designed for the
better protection of white persons of
the Caucasian race" against the COM
petition of any Asiatic people. The pres
ent attitude of the governor and legisla-
ture OF the state Of California has again
raised the question whether the Asatic
policy of the United States is to be die
tated by the Tveitrnoes and Hayes Of
California or by the sober sense of the
American people. 1t Is a dilemma from
which there appears to be no escape, since
SO long as more votes are to be made
by blatant advocacy of the principles of
the Corean and Japanese exclusion league
than by recognizing the obligations OF
California as state of the union so
long will 1t be impossible to secure due
observance Of our obligations to for.
eien pow4rH