Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1916-03-25
BARS JAPANESE
HOMECOMING
CITIZENS HERE
Continued from page one,

Urice and Paul Steel OF the Y. ".
G. A.
In statement made to the Star.
Bulletin following the rendering of
the decision, Ozawa said thta il was
his intention TO seek relief from the
supreme court or the United States.
lie mentioned the names OF several
Japanese who have been admitted to
American citizenship. 49,. ~
Following is Judge Clemens deci-
sion on the Ozawa case: .,...".
The fact that | shall read at this
time no extended opinion in either
of these cases, does not mean that |
have not given them thorough study.
! believe no court decision bearing on
the questions in these cases has es-
capped my notice, and not only that
but as to Mr.. Ozawa's case / have
not failed to read attentiyely all avail
able chronological authorities and spe-
cial works on the Japanese people
One court decision in the matter of
the eligibility of the Filipino people
/ have only very lately received-in
response to cabled order for It, and
within a week have had what is prob
ably the latest work with Japanese.
a history OF Japan by Captain Brink
ly These works on the chronological
side of the matter I have considered
in Mr. Ozawa's case out of defer.
enee 10 the considerable body OF pub
lie opinion, led perhaps by Rev. Dr.
Scudder, which favors the admission
OF the japanese people into our midst
as citizens. But these authorities are
in my opinion of little help. The ad.
vances in the science of ethnology are
one thing: but II is quite another,
what the lawmakers intended who
over q century ago, when ethnology
was little OF science, first used the
words of the statute free white per.
sons" which are the vital words here
as upon them Mr.. 0zawa POUNDS his
right TO bring this petition. ;
But though I appreciate the oppor.
tunity, probably such an opportunity
win never come my way again for
an extended decision on this inter
esting question.
shall not presume TO pretend that
the question is any new one or that
I can add very much to the able dis
cussions which | shall be quite con-
tent TO merely cite. For, except for
the decision of Judge Lowell in the
case Of In re Mudarri. 176 Fed. asa,
holding, as | believe enormously, that
white" includes all persons not other
wise classified, there is not one de-
cision in the reports that holds the
Japanese to be eligible to citizenship
under the statute as it stands, and as
It has stood for all but q very brief
and negligible time for the past GEN.
tury-indeed nearly ever since our
government was instituted.
That Japanese are not free white
persons" was held in the dictum OF
an early case arising in California, In
re All Yup, Fed. Cas- 223 No. 1O4,
and In the opinions OF other judges
whose opinions are highly respected.
as e. e, he learned Judge Deadly of
Oregon, In re Camille, Fed. 256, Cir
cult Judge Colt Of Massachusetts, in
In re Seito, 81 Fed. 126, Judge Chattield
OF New York. in re knight, Ill Fed.
299, Circuit Judge Goff in In re Namyo
Beisho. ITS Fed. 245; Judge Hanford
in In re Buntaro Kumagi, 1913 Fed.
922, Judge Cashmon In In re Young,
1SS Fed. tbs, and Chief Justice Reavis
OF Washington in In re Takuji Yama-
shita, 20 Pac. 49,.
Frequently the decisions criticize
the statute unfavorably as to its policy,
its inconsistency with ideals of Anne
rican government, American liberty,
and they might we'll criticize its pres
ent absurd retention of word whose
retention was rendered useless by the
civil war. the word "free," for the
court cannot agree with Mr.. Ozawa's
contention for a meaning of worthy,
or Of good quality. To ascertain its
true meaning, we may well look to
the word free" In the expression
free men, or II you prefer the prefix
efreer in the word freeman" as used
first before It's use in the first statute
OF the United States in which 1t ap-
pears. In the debates in the federal
convention IN 1887, Mr. Gouyerneur
Morris moved to insert free" before
the word 'inhabitants" with reference
70 the superintendent Of members OF
the house Of representatives. Much
he said VttiId depend on this point.
We never would concur in upholding
domestic slavery thus using free
az the analogue Of slave" Madisons
Journal OF the Constitutional Conven-
ton lAlbert Scott a Co, Chicago,
1881, f76. Does Mr.. Ozawa contend
that the word Hfree" in the expression
.free persons In the finally, adopted
constitutional provision for apportion-
mtni section of article l Of the con-
siitntion had any such meaning as he
here would have the court adopt? III
there Is any one word of certain in
tent known to the American legisla-
tor OF century ago, or when this
slatute had its origin. or shortly after
the civil war when II was revived
after short suspension. IL is that very
word free. So, Mr.. Ozswa must rely
on some other argument And, 1t must
be admitted that there is more ground
for argument on the word white" in
the expression white persons" But
the legislative meaning of white is, as
already intimated, so well established
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