Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1917-02-10
|DONNELL CASE
STILL IN DISPUTE
weight of Legal Opinion
ravors American Citizen
ship of Lost Children
FATHER HAS VANISHED
ctotus of Little Victims of Ger
man U-Boat Important in In
ternational Issue

q ,rs. question Of the disputed citizenship
ahs two O'Oonnell children, born in
r.,,.dslpha and lost on the torpedoed
r',,sorna, still is puzzling Administration
ss;e,ais in Washington although an array
y lawyers opinions has appeared to main
- that the two little victims were
Americans. ,,., -,
ss.rv O'Donnell were Americans by virtue
a q ,heir birth in this city, regardless of the
s,.,ssnsbip of their father, born in Ireland
argue: ,.,., 49,,
y IN law has been that child born on
american soil, whether of native or alien
(. s.rents. is a natural-born citizen Of the
\ iIr,ted States, unless, upon coming of age,
q elects otherwise"
IA The Supreme Court, in 1898, in the case
h y wong Kim Ark, decided that Wong. the
IN Of Chinese parents who, under the law,
saupot be naturalized, was a natural-born
sitlsen Of tho United States
LAWYERS VIEWS
According to the Interpretation Of the
Encyclopaedia Britannica, the O'Donnell
shldren were Americans.
The Philadelphia lawyers who say the
v,ctins were unquestlonably Americans are
fhonas Raeburn White. former Attorney
0snsrsl John c. Bell Judge John NJ. Pat
\ larson, Evan B. Lewis and former Judge
James Gay Gordon.
The fourteenth amendment to the Con-
n,tution Of the United states reads:
All persons born or naturalized In the
United States and subject to the iurs-
diction thereof are citizens of the
. United States and Of the States wherein
they reside.
Administration officials however, as yet.
Nays held that the children, born OF alien
3 rarents were not Americans unless their
. father Edward O'Donnell was a naturaiZed
etisen No proof has been obtained that
hs ever took out citizenship papers, though
! lis wife and friends have been quoted as
aging that he had.
Every effort is being made to find O'Don-
\ rell His wife has been reported as miss
Ing with her two children from the Cali
fornla. Another son. Cornelius, has been
Mved Mrs. O'Donnell separated from her
husband several years ago. Since then
little has been known definitely of his
Whereabouts
Joseph Carr. a stevedore, living at a
bdging house at sos Vine street, who was
acquainted with O'Donnell said today that
0Donnell was in this city up to five weeks
sgo. About a year ago Carr worked with
\ 0Donnell, who also was a stevedore, for
N. p. Hewlett. at 902 Swanson street. Re
Gently, according TO Carr, O'Donnell left
4 ibis city saying he was going either TO
a Paulsboro, n. j.. or to Wilmington in
karch Of employment
4 Several years ago, IT was learned today
0Donnel worked as laborer at the Green
~ich Coal Piers. At that place it was said
hat he gave up his position and went TO
work as laborer for the Eas astern Coal
Dock Company. One Of the foremen al the
. EASTERN Coal Dock Company said that he
kelt sure that the ODonnell who worked
<&ere was the husband of Mrs. ODonnell
n The records of Prison Agent Myers show
nat ODonnell was committed to Moyamen-
ing prison by former Magistrate Boyle in
'7Ae latter part of 1913 for intox ication and
tbusng his wife. The sentence was thirty
oays Later the sentence was suspended
AZ that time he gave his address as BIG
North Thirty-eighth street, from where Mrs.
oDonneFs trunks were shipped.
SISTER LIVES HERE =.
0Donnell has n sister living in this city.
fhe Is Mrs. Mary Miller of S26 North For
,fy-nlnth street. Mrs Miller said today
fthat she had no idea where her brother was
Neither did she know that her sister-in-law
had taken passage on the California until
Informed about it by reporter. She said
her brother had worked at one time for
Greenwich Coal Piers, and also for the
Eastern Coal Dock Company. According
70 Mrs Miller, her brother came to this
country from the northern part of Ireland.
fom the County of Donegal.
Mrs. ODonnell came here from Scotland
when she was sixteen years old Her broth
er arrted in this country, Mrs. Miller said.
when he was about seventeen years old.
llney were married about sixteen years ago
end went to live at 1881 Amin street Mrs.
.Mlher said the three children were born in
ms country She said that she did not
hnow wnether her brother was naturalized
G not
bAfore her marriage to her brother, Mrs.
MILLER sad that Mrs. ODonnell worked AZ
- cnambermaid for former Judge Robert ~
"nison' at the Wilson home, 1925 Spruce