The Richmond Virginian. (Richmond, Va.) 1910-1920, 1915-09-15
'SInlAI WHITE person,
NAY Be IATURAiIzE0
Dccision In United states Circuit
Court Gives Aslatic Syrian Right
to Beconao Citizen.
ON SAFETY APPLIANCE LAW

Court Ahirms District Court In Re.
covering for Government Penalty
on q d o. for Failure To Operate
Train Brake System.
In an opinion handed down yester-
day in the United States Circuit Court
Of Appeals, Circuit Judge Woods with
Circuit Judges Pritchard and Knapp
concurring. held that a Syrian must
be considered a white person" and
may become a naturalized American
citizen. The opinion reverses the de-
cision Of the District Court of the
United States for the Eastern district
OF South Carolina, at Charleston.
The case Is that OF George Don, a
Syrian. who was denied naturaliza-
ton" by the District Court at Charles
ton ION the sole ground that Syrian
of Asiatic birth liz not free white
person within the meaning of the nat
uralization statute
After the first decision OF the mat
ter a rehearing was granted at the
instance of other Syrians interested.
I'm his two decisions the district judge
reached the conclusion, which he sup
ported with remarkable force and
learning" say the Circuit Courts
opinion. that the free white persons.
made eligible to naturalization by the
statute included aliens of European
nativity or descent. and no others"
The court affirmed the District
Court at Columbia, 8. c.. in the case
Of res Southern Express Company,
which appealed the case brought
against 1t by b. j. Reagin in the Cir
cult Court of Common Pleas for Rich
land County. S. c.. to recover damages
for the alleged conversion OF type
writer. The plaintiffs demands were
for the value of the typewriter Tor
FIVE times the value of the typewriter
as a penalty. under a South Carolina
statute, and for punitive damages OF
$4,000. The Express Company had
the cause removed to the Federal
District Court. at Columbia. on the
ground of diversity of citizenship. The
Federal jury gave ReaEin a verdict
for s45. value of the typewriter and
$500 exemplary damages. The Ex-
press Company appealed and the Cir
cult Court upholds the decision of the
District Court
Decide Railway Appliance Cases.
With Judge Woods concurring
Judge Knapp reverses the District
Court at Richmond on the first count
and affirms 1t on the second count in
the case OF the C.. g. O. Railway
against the United States. The gov
eminent sued the c. & O. to recover
penalties for alleged violations Of the
Safety Appliance laws, first with
hauling in and about the city of Rich
mond. Virginia. on September rs,
1913, car with coupling apparatus
in such defective condition that the
car could not be coupled automatical-
ly by impact" and, second, with
hauling train OF cars in transfer
service without having the required
percentage OF cars operated with pow
er or train brake system
The Circuit Court convened at IL
O'Clock for the September session
with Circuit Judges pritchard. Knapp
| and Woods in attendance. and an
nounced and handed down opinions in
| fifteen cases, as follows:
| Opinions Handed Down.
! No. 1856. Southern Express Com
pany. plaintiff In error. VS. b. j.
| Reagin, defendant in error; error to
the District Court at Columbia, i. G..
Opinion by Judge Pritchard. Affirmed.
No. 1856. The Coal and Iron RAN
way Company, plaintiff in error, VS..
Peter w. Reherd. receiver of the late
| firm of Walton, Purcell, Norman and
Company, ct al, defendants in error;
error to the District Court at Martins
| burg. w. Va. Opinion by Judge
Pritchard. Reversed
No. 1853. George w. Snyder, ct al,
appellants. VS.. Upper Elk Coal Com
trict Court at Philippi. W. Va Opin-
ion by Judge Pritchard. Affirmed.
No. 1851 Davis Trust Company, OF
Elkins. w. Va. appellant. VS.. Samuel
X. Smith. curator of the estate of
Elise d. Price, deceased appellee;
appeal from the District Court at Mar
unsburg. w. Va. Opinion by Judge
Pritchard. Affirmed
No. 1923. Chesapeak and Ohio Rail-
way Company, plaintiff in error and
cross defendant In error, vs.. The Unit
ed States, defendant in error and
! cross plaintiff in error; on cross writs
OF error to the District Court at Rich
mond, Va, Opinion by Judge Knapp.
Reversed on first count and affirmed
on second count.
No. 1897. Homer Adams. trustee
of the estate OF Greed Collins, indf-
idually and as member of the part
nership OF the Collins Company. bank
! rupt. appellant. VS. Miles NJ Brown
and George X. Hill, late partners
trading as Brown & Hill, appellees;
appeal from the District Court at
| Parkersburg, w. Va. Opinion by
Judge Knapp Reversed.
No. 1898. Penn Bridge Company
| and A. Dailam o'Brien. appellants and
cross-a ppellees. VS., County of Ker-
shaw, appellee and cross-appellant;
| on cross-appeals from the District
Court at Charleston. 8. G. Opinion
by Judge Knapp, Affirmed
No. 134l. e. l. Moore and Com
pany. L. l.. Moore, Mamie r. Moore,
N. II. Sprunt, A. l.. Wallace and l..
II. Cottingham, appellants, VS. Will
liam Hutchinson. trustee in bank
ruptcy of +. l.. Moore and Company,
bankrupt, appellee: appeal from the
District Court at Charleston. s. c.
Opinion by Judge Knapp. Affirmed
No. 1916. IL. =. Dunlap. appellant,
vs.. Twin City Power Company, APP
pellee; appeal from the District Court
at Greenvilie, s. c. Opinion by Judge
Woods. Affirmed.
No. 1345, George Dow, appellant.
VS.. The United States OF America, and
the Honorable the Secretary of Labor
of the United States. appellees: APP
peal from the District Court at
Charleston, s, c. Opinion by Judge
Woods. Reversed.