Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1916-03-25

{. A. '.-~....
In a statement made to the Star.
Bulletin following the rendering OF
the decision, Ozawa said thta Il was
his intention 10 seek relief from the
supreme court OF the United States.
He mentioned the names Of several
Japanese who have been admitted to
American citizenship.
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 attentively all avail
able chronological authorities and spe-
ciaI works on the Japanese people
One court decision in the matter OF
the eligibility of the Filipino people
have only very lately receiyed-in
response to a cabled order for IL, and
within 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 have considered
in Mr.. Ozawa's case out of defer
ence to the considerable body of pub
lie opinion, led perhaps by Rev. DIR.
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 adj
vances in the science of ethnology are
one thing: but It is quite another,
what the lawmakers intended who
over q century ago, when ethnology
was little of a science. first used the
words of the statute free white per-
sons" which are the vital words here
as upon them Mr.. Ozawa POUNDS his
right TO bring this petition.
But though I appreciate the oppor-
tunity, probably such an opportunity
will never come my way again for
an extended decision on this inter-
esting question.
l 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 decinion OF Judge Lowell in the
case Of IN re Mudarri, 176 Fed. 464,
holding. as believe enormously, that
s.whlte" 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 II stands, and as
II has stood for all but q very brief
and negligible time for the past CEN
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, 6 Fed. 256, Cir
cult Judge Colt OF Massachusetts,, In
In re Seito, SO Fed. 126, Judge Chatfield
of New York, in re Knight, Ill Fed.
299. Circuit Judge Goff in In re Namyo
Beisho, 17s Fed. 245; Judge Hanford
in In re Buntaro. Kumagi, l63 Fed.
s22, Judge Cashmon In In re Young,
1873 Fed. It's, and Chief Justice Reavis
of washington in In re Takuji Yama-
shita, 20 Pac. 4S2.
frequently the decisions criticize
the statute unfayorably as to its policy.
its inconsistency with ideals Of Anne
rican government, American liberty,
and they might well 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 meaning OF worthy,
or Of good quality. To ascertain its
true meaning. we may well look to
the word free" in the expression
s.free men," or IL you prefer the prefix
Gree In the word freeman" as used
first before its use in the first statute
of the United States in which 1t aP.
pears. In the debates in the federal
convention in l7S7, Mr. Gouverneur
Morris moved to, insert free" before
the word inhabitants" with reference
10 the apportionment of members of
the house of representatives. Much
he said would depend on this point.
We never would concur in upholding
domestic slavery" thus using free
as the analogue of slave" Madison's
Journal of the Constitutional Conven-
ton (Albert Scott & Co., Chicago,
1881, AIS. Does Mr.. Ozawa contend
that the word free" in the expression
free persons" In the finally adopted
constitutional provision for apportion-
ment section of article of the con-
stitution had any such meaning as he
here would have the court adopt? If
there is any one word of certain in
tent known to the American legisla-
tor Of q century ago, or when this
statute had its origin. or shortly after
the civil war when 1t was revived
after a short suspension, ii is that very
word free" So. Mr. 0zawa must rely
on some other argument. And, it must
he 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
IN our law as to make any discussion
vain on my part.
Dr SciIdder. who may be called an