The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1916-08-29
Judge Advocate General Reyerses
His Decision Barring Them =
From National Guard
ACTION IS BASED UPON
RECENT COURT RULINGS
Judicial Attitude Here and 0pin.
ion Of Mainland Jurist Settle "
Citizenship Rights

In connection with the admission Of
Filipinos to membership in the National
Guard Of Hawaii, the war department
in April of this year decided that they
could not be so admitted, owing to the
fact that the reported decisions Of the
courts were to the effect that Filipinos
are not entitled to be admitted to eiti.
zenship under the laws governing
naturaliza ton. Now, however, in view
Of additional facts presented, covering
decisions of the courts of Hawaii that
FihpiEos may be admitted to citizen.
ship Mich ruling has the sanction of
the commissioner of naturalization, and
decision of the supreme court Of the
District of Columbia in the case OF
Monico Lopez, Filipino, who was per.
mitted to take out first papers, the
Judge acknowledgement Of the army has
reversed his former opinion, and now
declares il as the belief Of that Office
that. Filipinos may qualify for guard
duty by taking out citizenship papers.
Must Take Out Papers
At the present time there are be-
tween twenty-five hundred and three
thousand Filipinos members of the
National Guard Of Hawaii, and in order
to remain in the guard, under the
opinion of the judge acknowledgement,
it will be necessary for each of them
to take out naturalization papers.
Many have already done so and as to
their eligibility to remain in the guard
there is now little question, so far as
army officials are concerned. An ad-
verse decision on this point would have
been severe blow to the National
Guard of Hawaii, as many whole or
CARNATIONS consist mainly of Filipino
enlisted men, who may now qualify as
to citizenship and remain in the gaurd
If physically qualified for such service.
The following is the text of the Opin-
ion:
Text Of Washington Ruling
"These papers relate to the ques-
ton of the legality of accepting Fill
Tinos as members of the organized mill
tia of National Guard of Hawaii. In
an opinion dated April 81, 1916, this
office. guided by the reported decisions
Of the courts with reference to the
right Of Filipinos =. q to be admit
ted TO citizenship under the naturaliza-
tion laws of the United States, held that
those who had not become citizens ups
on the annexation of Hawaii could not
qualify for membership in the Organ
iZed Militia. This conclusion was .ex-
pressed as follows:
But, according to the reported de-
cisiOns of the courts Fill
pinOs are not entitled to be admitted
70 citizenship under the naturalizat ton
laws Of the United States, which apply
only TO free white persons and to aliens
Of African nativity and to persons of
African descent 1t follows,
in view of these decisions that an alien
Filipino cannot make valid
declaration Of intention to become a
citizen within the meaning of section
of the Militia Act.'
Fihrinos Are P"'np Admitted
"There was at that time no infOrma-
ton before this Office that the courts
Of Hawaii were admitting Filipinos to
citizenship. and, as indicated, the re.
ported decisions were against it, The
present file contains the information
that FlipinOs are not only being ad.
mitted TO citizenship in Hawaii, but
that such action has the approval Of the
commissioner of naturalization. trle.
gram to the militia bureau from the
djutant-gcneral of Hawaii, dated July
II, 1916. reads as follows:
Reference your letter June "a,
United States courts of Hawaii held
that Filipinos eligible for citizenship
and have admitted several. This action
definitely approved by Commissioner of
Nrs .ralizatiOn r. X. Campbell. Con.
formity your letter May IL many Fill
Fino guardsmen have taken out first
raners before several courts. Does not
this qualify FilipinOs for guard under
section one amended militia law. Cable
answer requested
Mainland Case Is Cited
"The papers herewith also include
n copy of a decision of the supreme
court of the District of Columbia, filed
December 10, 1915. in the case of
MOnic0 Lopez, a Filipino, whose peti-
tion for naturalization was granted,
Justice Could holding, in a wellconsi-
drred opinion. that the naturalization
lows authorize the naturalization of
FiipinOs. 1t appears that the depart.
m"rt of Justice declined to take an ap-
""nl in that case when requested by the
department of labor.
''In my prior rcrort it was stated in
conclusion that iFilipinos were
not eligible for membership in the no.
tI"nal guard unless the courts shall
hold that they are eligible for admis-
sion TO citizenship II, as now ap-
pears to be the case, Filipinos are being
admitted TO citizenship by the courts,
III" question is determined in their
favor, and they may qualify as respects
citizenship for membership in the Ma
ti0ral Guard"
On the tenth of last July the chief
Of the militia bureau at Washington
addressed letter to the territorial au-
t"'rities declining to recognize Fill,
rinos ~ eligible for membership in the
Hawaiian national guard, and upon its
r"""i"t here notion was taken by the
Governor by wireless and later by let.
ter urging reconsideration of the de,
"i'ion. and stating the fact of Judge
'I"m""s' decision admitting Filipinos
t. citizenship.
He alSn urua1 ,n,in tha ,l.,,,o - ,,..., I.