The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-12-01
Drastic Ruling Is Made by At
tOrney General Today.
Germans Also May Not Be
Given the Right To Vote.
MUST TAKE OUT FINAL PAPERS
Declarations or Intention of
Citizenship viii Not Go.
AtchisOn County Man Is Not
Eligible for Sheriff.

Alien enemies-a1l German subjects
who have not taken out final papers
cannot hold constitutional or statu-
tory offices, elective or appointive, in
Kansas. In a ruling today S. M.
Brewster, attorney general, declared
an Atchison county German without
final papers, cannot be elected sheriff
next year if the Germans and the
United States are at war, even tho the
German is loyal and patriotic Ameri-
can supporter.
While no mention was made of the
fact today, state department heads
anticipate a subsequent ruling denying
to German subjects the right to vote
in the 1918 primaries and election.
Under the action of the government in
defining alien enemies and the pro-
visions of the state conStitut, N and
statutes, Brewster holds right of office
does not extend to any German who
has not completed his naturalization.
Mere declarations of intention of
citizenship are not sufficient to extend
rights to German subjects in time of
war with the imperial German gov
ernment. During the war final citi-
zenship papers will not be issued by
the government to German born men
and women who desire the rights of
citizenship in this country. Under the
rulings of the attorney generals office
prior to the entrance of the United
States in the war with Germany, per-
sons who had lived in this country
six months and declared their inten-
tions, were permitted to vote. By the
same token they were permitted to
hold office.
Right Is Abrogated.
AS a result of this ruling, hundreds
of German subjects in Kansas-both
loyal and disloyal to this government
have enjoyed and exercised the
rights of citizenship. Brewster today
held that this right is abrogated by the
entrance. of this country in the war
against the German empire. The rul-
ing in the case was in a case from
| Atchison county where a German born
| citizen desired to be a candidate for
office next year The German had
made his first application for citizen
! ship twenty-six years ago.
In passing on the case today, Brew
ster held that the man had lost his
rights to office under the war status
| He also lost his right to complete his
| citizenship, Brewster held, by virtue
of his failure to complete his applica-
| ton within seven years after making
! first application and declaration.
Asked today concerning the right OF
German citizens to vote next year in
case they have not received final
papers, Brewster replied: I'VE will
cross that bridge when we come to it
question of the right of alien enemies
to hold office"
By German or alien enemies the
| federal and state constitutions do moi
discriminate as to the loyalty of the
individual Brewster held that if the
question of loyalty applied, then the
rule by which the application is made
would also permit a disloyal citizer
to hold office.
Should the war with Germany con.
tinue thru the next year, the attorney
generals office will undoubtedly bt
called upon for ruling as to the
rights of alien enemies to vote. If the
ruling as to the rights of aliens with.
out final papers is upheld in tina
matter, thousands of Kansas Ger
mans without final papers will be dis
franchised during the period of tn,
war. Since there is no distinction a!
to loyal or disloyal alien enemies ant
since the government has refused t.
issue final papers during the war
there is seemingly no chance for re
lief for Germans with first papers
loyal or disloyal residents-untiI tn,
war is terminated