The Hawaiian gazette., 1916-03-28

Judge Ntcmons ucctson, IN iuI, Il
rs follow: SIN the case of Mr.. Soils
he district attorney opposes the peii
ion in reliance upon the decision OF
District Judge Thompson in the case
# In re Alverto, 1913 Fed. ESQ. But
the error of that decision Is appartn,
on its face; for, noting that prior 10
the Naturalization Act Of 1906 'citi
Gems Of the Philippine islands or Of
Porto Rico, were not capable Of be
coming naturalized citizens for two
reasons: First, the naturalization laws
Of the United States applied only to
aliens, which they WIRE NOT; and. sea
ond, they required n remuneration OF
former allegiance, the learned Judge
says the effect Of section 30 OF the
act was to mako applicable 20 citizens
Of the Philippine islands and Porto
Rico those provisions which had there.
'ofOre applied only to aliens. -. J.
Questions Decision
F. "And, he continues, IF the lin Ia,
tions Of section 2l69 apply TO one pro.
vision of the naturalization laws, they
must apply TO oil and, consequently
to section 30 Of the act Of 1906; aud
this view disregards wholly the pro.
vision Of section 80 that saIi applicable
provisions Of the naturalization law
;. shall apply to and be held TO au
thorize the admission TO citizenship
Of all persons not eitizens who owe
permanent allegiance to the United
States, and who may become residents
of any state or recognised territory q
the United States and the further Or,
vision of the same section and con
text, that "residence within the iuris
LECTION Of the United States. owing
such permanent allegiance, shall be
regarded as residence within the
United States within the meaning az
he fiFe wears residence clause Of the
naturalization law, n -.
And the unsoundness of the Al
'erto decision NAV be shown by the
simple. question, IL the special provi.
lions Of section 30 do not apply to
hose Filipinos and Porto Ricans ow
'ng permanent allegiance 70 the Unit
I'd States, then 70 whom do thew m.
plyf The Alverto decision is not at
III convincing. ga
Quotes Bonaparte's Act
rAs against Judge Thompson g
opinion, we have first, the opinion civ
m July 10, 1908, by Attorney General
8cnaparte who assumed that Office nj
most Independently with the tax
ing effect Of the statute in question
for he was appointed December ~
1906, and the act became effective An.
gust 2S, of that year. Contemporary
executive construction, and particular.
" by those in high Office and hayin,
peculiar duties in relation TO the prop.
n administration of the act, il of very
persuasive authority. The attorney
general says: N.tE' ~
This section seems to have been
formed expressly for the people of on,
nsular possessions, who are there AZ.
,urately described and to whom alone
the section can REFER
Finds For Petitioner
1t was this clear opinion that guild
u me June 90, 1912, in admitting to |
Pauline Netto, a person of
laif Filipino and half Spanish birth.
And the attorney generals view is |
supported by District Judge Rose in
me case of In re Eiralde 226 Fed. s26,
N which native of Porto Rico was
without previous declaration
1f intention, under the special priyil |
.ge extended to sailors in the United
States navy. TI"T- i
And a still more recent decision.
hat of Justice Gould of the supreme
.ourt Of the District of Columbia rem
Tered December 10, 1915, in the case
u In re Monico Lopez, sustains the |
view Of the attorney general SO sue. |
inetiy and convincingly, that I am
content to quote from it quite largely;
The application is based upon
section 80 of the Naturalization Act
q June 20, 1906, which reads as fol-
lows: III |
Quotes the Lew
!. go All the applicable provisions Of |
he naturalization laws of the United
States shall apply to and be held to
aathorize the admission to citizen
hip OF all persons not citizens who
I'VE Permanent allegiance to the |
United States, and who may become |
-esfdents of any state or Organized |
territory of the United States, with
he following notifications: The ap-
olicAnt shall not be required to re |
nonnce allegiance to any foreign SOW
sTeignty; he shall make his declara.
hon OF intention to become citizen |
II the United States at least two
years prior to his admission; and resi- |
ienee within the jurisdiction of theI
United States, owing such permanent
shall be regarded as resi-, |
ience within the United States within
the meaning of the FIVE years resi-
ienee clause of the existing law. -,
1.-The present view of the govern
ment may perhaps be indicated from
the letter Of the commissioner of nat |
dated February 18th trans.
hitting in compliance with my re-
quest copy of Judge Gould's deci.
sion:
=" Request was made by this depart
ment thai steps be taken with view
to the review of the decision by the
court of appeals of the District Of Co.
iumbia, but the department of justice
declined to take such action, and stat
ed, in part, as follows; 49,
- =. a.. -.