The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1916-06-20
H|lQCOURT CLERK
REFUSES FILIPINO
''H|SDECLARAT|ON
8, - 49, - -
National Guard Officers Point Out
/ Where T. }. Ryan Went
'< g. Beyond Law - -, .
FEDERAL COURT HERE
HAS SETTLED QUESTION
War Department Desires All Mill
! tia Members To Become
Citizens of United States

-" on 81. - ,'iE.
T. ]. Ryan, Democratic war horse,
recently appointed clerk Of Circuit
Judge Quinn's court in Hilo, has re-
fused to accept for fling in that court
the declaration Of intention of a Fill
Pine, according TO news received in Ho-
nolnlu from the Big Island.
The refusal is going to be looked
into, say local National Guard officers.
who point out that the bureau of ma.
turalizatiOns in Washington, D c., has
held that clerk Of court must accent
declarations of intention presented to
them, according to the following, re.
Gently sent out by the bureau in let.
ter of instructions:
CLERKS of courts exercising iuris-
diction in naturalization proceedings
will please disregard any request or d..
rection heretofore made by any officer
OF this division or of the department,
whereby snch clerks are called upon to
refuse to receive or file declarations of
intention and petitions for naturaliza.
ton by reason of any meaning hitherto
given by the division of naturaliz ation
to the words, white persons and per.
sons Of African nativity or descent, ,
as used in Section 3169, R. g."
Question Settled Here
In a case before Judge Clemens in the
local federal court some months ago this
jurist held that natives of the Philip.
pines are eligible to become naturaii-
ned and the applicant in. this particular
n n an rhanp 80
zen.
In the case Of Hnlladjian, ia Fed. -,
1874, the court said:
"That a clerk should refuse to fle
a petition for naturalization which con-
tains all proper allegations, because Of
the judgement of Che color, race or
other qualification of the petitioner,
would violate the clerks official duty
...,........H the petitioner persists,
the petition must be tled."
Such situation came about in the
application of De GuZman in the local
federal court. De Guzman was refused
the fling of his petition. He took the
matter to Washington and the clerk
was ordered to receive the petition. He
WAS further instructed that the court,
itself, would be the sole Judge of the
eligibility or qualifications Of the apph,
cant. X :
The Guard Policy 'a.N
SIN order. that the Filipino national
guardsmen may come within the let
ter of the law, as well as it's spirit, a
general movement is on foot to have
every Filipino in the territorial mill
.tary service make the formal declara-
tion of intention to become citizen
of the United States, >" said Brig. Cen
Samuel l. johnson, N. G. H., yesterday.
, ttForty-seven members of Company
M, First Infantry, the all-Filipino or.
ganizAtion of the guard, which won first
place in the recent military tournament
here, filed today the necessary first
papers in the federal court.
"The officers Of Company NJ are see
ing that all the men of their command
qualify, so that all question Of their
status as members of the organized
militia Of the country may be cleared
up"
Recent advices from the division Of
militia affairs to the adjutant general g
office set forth the desire of the Fed.
eral military authorities that FilipinOs
of the National Guard Of Hawaii quail
fly Immediately as prospective citizens
A letter from the chief, division of
militia affairs, to the adjutant gene raj
of Hawaii, dated Washington, May IL,
referring to the inspection Of new com
panies of the Guard, on the other Is.
lands, outlines the policy of the war de.
partment toward Filipinos as follows:
War Department Wishes
"I 10 nnfah That IN oil kha aho
companies Filipinos are included in the
personnel. In this connection atten-
ton Is called to copy herewith of opin,
ion Of the judge advocate general of
the Army, approved by the Secretary
Of War, concerning the eligibility of
Filipinos for membership in the or
ganized militia Of Hawaii. The ruling
given 10 considered to be binding, and
conformity Herewith should be brought
about by the time of the next annual
armory Inspection
The opinion above referred to is a
lengthy statement, quoting authorities,
showing under what circumstances Fill.
pinos are eligible to be members of the
National Guard Of Huwaii. 1t closes
as folloWS: g..
"5. Specially answering the ques,
tions submitted, section l Of the Militia
Act applies to the Territory of Hawaii,
and there may be FlipinOs residing
there, not Hawaiian born, who are
eligible for membership in the organ
ICED militia Of Hawaii by virtue Of
citizenship acquired under the Organic
Act of April 80, 1900, but not other,
wise, unless the courts shall hold that
they are eligible for admission to citi,
zenshiP, ,..