The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1914-04-15
HEARS CASE AGAIN
JUDGE Smith RfCONsIDERS SYR.
IAN NATURALIZATION Case
MUCH INTEREST AROUSED

Which Was Greeted With Severe
Condemnation by Syrians Because
of of misunderstanding.
| Great interest has been aroused
all over this country by recent deci-
sion of Judge H. A. NJ. Smith, in the
United States District Court at Char
lesion. Judge Smith refused certi-
ficate of naturalization to George
low, Syrian, on the ground that
he was not eligible under the act Of
1890. The newspapers of the State
enormously reported that the natur-
Lalization papers were refused because
of race, but this is wrong as the fol-
lowing article from The News and
Courier will show.
Only informal consideration was
given Wednesday to the matter Of an
other hearing upon the petition for
naturalization. It was agreed that
Judge Smith is to file a second opin-
ion upon the case, and should it be
the same in effect as the first, the
matter will be taken before the Su-
lpreme Court Of the United States for
final decision. To look after its end
of the case, the Syrian-American
club of New York has retained coun-
sci. At the hearing there was DR..
n. A. Mokarzel, editor Of the leading
Syrian newspaper of this country,
published in New York city, appear
ed in strictly informal capacity and
took part il the discussion.
It is doubtful if any decision OF
the judge Of United States Dis
trict Court in recent years has arous-
ed such manifestation Of racial
pride as has the decision handed
down in the George Dow case by
Judge Smith something more than a
month ago. In denying naturaliza-
ton papers to Dow, Judge Smith
held that a Syrian was not eligible
to citizenship under the construction
Of the statute of 1890, which provid-
ed that only ''free white persons"
should be admitted to citizenship.
Judge Smith explained, however, that
he did not intend to imply by his
decision that a native of Syria is
other than a white man, but that at
the time Of the passage Of the statute
Of 1890 the country of Syria was
unknown to the lawmakers OF this
country and that, therefore, the act
did not apply to natives Of that coun-
try.
A mistaken impression Of Judge
Smiths decision gained currency i'm
mediately following its PRONUNCIATION
and the entire Syrian population OF
the United States was aroused to
pitch Of indignation. Syrian publica-
tions in their editorial columns Ve-
hemently condemned the decision OF
Judge Smith, as they incorrectly un-
derstood it, and prominent men OF
the race sought to air their ~digna-
ton through non-Syrian papers and
in other ways. It was pointed out
that there are thousands of Syrians
who have been admitted to citizen
ship by other judges in recent years,
and the interesting question is as to
what would be the status Of these
naturalized Syrians in case the deci-
sion Of Judge Smith was accepted as
a precedent.
The Syrian-American club of New
York city. became interested in the
Dow decision because Of the bearing
it had on the future of the Syrians
in America. Steps were taken to file
q protest before Judge Smith, and it
was stated that the case would be
taken to the Supreme Court if the de-
cision is affirmed by Judge Smith. It
is quite possible that the highest tri-
bunal in the land may yet be called
upon to decide the matter, since the
Syrian organization is prepared to
carry the case up. Immediately after
the fling Of the second opinion by
Judge Smith. -. -.
Having obtained the prevailing in
correct understanding Of the ruling
of Judge Smith on the Dow case DR..
In. A. El-Kourie, prominent Syrian
of birmingham, several weeks ago
paid a visit to Charleston for the e1-
press purpose Of appearing before
Judge Smith with arguments to re-
flute the statement that Syrian was
not white man, as he at the time
understood the decision. He had a
conference with Judge Smith with the
result that he became convinced that
the decision was not based upon ra-
cial prejudice, but that the point at
issue was geographical instead Of
ethnological. He prevailed upon
Judge Smith to order rehearing OF
the entire case and the date original
" selected for this was April 6, but
for reasons it was postponed until
recently. After discussion it was de-
cided that formal reargument OF
the case was unnecessary and the
matter will rest until Judge Smith
files a second opinion. -
The nature of this second opinion
, is a matter of countrywide interest,
not only to Syrians Of the United
States, but to lawyers and judges as
a whole. In case his first decision Is
reafirmed by Judge Smith the case
will be carried to the United States
Court and Syrian organizations, news
, papers and individuals will make a
strenuous fight to have Judge Smith
reversed.