The Washington times., 1917-02-11
CALIFORNIA VICTIMS
LEGAL AMERICANS
0'DonneII Children Killed BY
Submarine Were Citizens,
Professor Holds.
CITES LAW AND DECISIONS
Children of Alien Parents
Recognized BY State Depart
ment In Several Cases.

/ SSNSI ot SoSOos
NEW YORK, Feb. 11.-Considerable
discussion has arisen over the citizen.
ship OF the two o'Donnell children ot
Philadelphia, who were drowned wher
the Anchor Line steamship Californis
was sunk.
Their parents were foreigners who
had not been naturalized, but the bulk
of decisions and opinions on the point
according to DIR. Ellery c. Stowell
| professor of international law at
Columbia University, is that the chill
dren were citizens OF the United
States and entitled 10 the full protec-
tion OF the United States Government
DIR. Stowell, who is quoted in the
New York Times today, points out
that the decision taken by the Gov
ernment in the more recent and i'm
portant cases seemed to make IL clear
that the children, born in this coun-
try, were citizens OF the United States,
regardless of the nationality of their
parents. DR.. Stowell said:
No Doubt of CIti.enship.
'In my opinion there is no doubt
that children born in the United
States OF foreign parents are entitled
to the protection OF our Government
unless, at the age OF majority. they
indicate an intention not to retain the
citizenship which was theirs at birth.
THIS intention would not under in
ternational law have to be made ex-
pressly, but minors, not children OF
diplomats, born in the United States,
are not able to throw or American
citizenship"
Mrs. O'Donnell was a Scotchwoman
her husband was an Irishman. Mrs.
O'Donnell had lived in this country for
eighteen years. but her husband. as far
as known. never took out naturaliza-
ton papers. Her three children were
born in Philadelphia. They were Corne-
lius. thirteen; James. nine. and Mary.
seven.
Might Waive Interest.
A point raised,in regard to the case is
whether. even IL the children appear to
be Americans. under the laws Of this
country. the State Department could not
waive its interest in them in favor Of
the British government, which holds
them to be British subjects under Eng
lish law. because the father was Irish
and the mother Scotch.
The most recent case cited by Dr.
Stowell committing the State Depart
ment to the position that persons born
in this country, OF foreign parents are
Americans. was that OF Carl GundIich.
who was born In this country OF German
parents. who took him back to Germany
- ~ -
piled TO Charlemagne Tower, the Ameri-
can ambassador in Berlin. for an Ameri-
can passport in 1907 Ambassador Tow
er referred the question to the State De
partment in letter In which he said:
Speaks No English.
He speaks no English and has no
interest in America. and the father has
no property Of any kind there. The ap-
pIicatiop for the passport Is based upon
the fact that this young man was born
in the United States"
The State Department replied to
this effect:
"The young man is un-
doubtedIy a citizen OF the United
States under the terms of the Con-
stitution and section 1902 of the Re
vised Statutes, which declares that all
persons born in the United States
are citizens thereof.
at does not appear that any conflict
of private international faw has as
vet arisen in this case. and until
reaching his maturity young Gundlich
IL not competent to elect another ma
tionality than that OF his birth At
pesent, therefore. he may be consid-
cred a citizen OF the United States
and as such he may be granted a pass
port"
Citizenship Report.
A report of the citizenship board,
which was referred to In this reply,
was made during the second session
OF the Fifty-ninth Congress and Is as
follows:
where the residence was temper
rary.--This question as to the citizen
ship of children born in the United
pf alien parPnts whn -,