The Hawaiian gazette., 1916-03-28
PLAN
TOAPPEAL FROM
COURT DECISION
May Take Naturalization Case
Up To the Highest
Tribunal
JUDGE CLEMONS HOLDS
JAPANESE NOT ELlGIBLE
Do Not Belong To Free White
People'As Stipulated By &
.aS Statute .s. :.

DY decision rendered Yesterday by
Id Judge Clemens I'm the Federal
court, the right to American eitt
zenship was refused to Takao Ozawa,
native Of Japan. This decision win
be appealed to the Supreme Court Of the
United States in an effort 10 Secure D
reversal, such being practically admit
ted yesterday afternoon by friends of
the petitioner and by Mr.. Ozawa him
self. The right to appeal is 4 moot
point, however. 3sh
81 am not discouraged by the court s
inding,p' said Mr.. Ozawa. HIndeed l
may say that expected Il and am in
sense glad that Judge Clemens return
ed the decision he did. IL opens the
way to a higher tribunal. s,5 &
win Fight To Last - -
al intend to fight this matter to tho
very last, and go as high rs j can in
my effort to become an American eiti.
zen. For twenty years have studied
and struggled to At myself for the. citi.
zenship desire. / went to college and
.tota university. have delved deeply
into constitutional law and history. /
have read with care, the opinions of
learned American jurists aud L have
studied anthropology. am convinced
from my studies that we Japanese are
not Monaghan, but free white persons )
in the meaning Of the constitutional
clause. Why even the Standard die
tionary says that we are syellowish
white and it elassiies Americans as
pale white. 4-'' aa
"In my case I have given my heart
to America. My children speak only
English and in my family circle nothing
but English is used, For years i have
worked only in American or English
firms. Surely am entitled to consid-
er myself free white person under
the terms of the law. a. T.
win Yet Fiad way ~ g..
"There is a way. I, know it, and
when have found il shall attain the
ambition that / have cherished for|
twenty years, to become a citizen of
the Republic that has sheltered NE and
mine for SO long a time u ia
The general feeling in the Japanese
community appeared to be that the de.
cision Of Judge Clemens is good one
for the Nipponese as a whole. Had the
court admitted Mr.. 0Zawa TO citizen
hip, il was pointed out, the fight for
others would still have to be made III
a ruling in his favor can be secured
from the Supreme Court, that throws
Town the bars against Japanese admis-
sion to- the rights and duties Of Ameri-
can citizens. i''...
Courts Formal Ruling ..E%sl
Judge Clemens decision in the ease
of Mr.. Ozawa Is as follows: .-
The fact that shall read at this
time no extended opinion in either Of
hese cases, does not mean that / have
not given them thorough study. ~
81 believe no court decision bear
ing ON the question in this case, has
escaped my notice, and not only that,
but as to Mr.. 0zawa's case / have not |
failed TO read attentively all available
chronological authorities and special
works on the Japanese people. ~
K "Ope court decision in the matter
of the eligibility Of the Filipino people
| have only very lately received, lin
response to cabled order for IL, and
within a week have had what is prob.
ably the latest work on the Japanese,
= history Of japan by Capt. +. Brinkiy. 1
"These works on the chronological
side of the matter / have considered
n Mr.. Olawa's case out Of Differences
TO the considerable body of public
opinion, led perhaps by Rev. DR.. Send.
der, which favors the admission Of the
Japanese people into our midst as
citizens. But these authorities are in
my opinion of little help.
Laws Intent Question
"The advances in the science Of
ethnology are one thing: hut it is quite
another, what the lawmakers intended
over O century ago, when ethnology
was little of science first used in the
words Of the statute free white per.
sons which are the vital words here, -
as upon them Mr.. Ozawa founds his
right to bring this petition. ~ III
I" But though | appreciate the oppor