The Hawaiian gazette., 1917-01-02

Reversing absolutely the decision OF
his colleague, Judge Charles Frederick
Clemens, who within n few months past
decided that Filipiuos were eligible to
citizenship, Judge Horace w. Vaughan
yesterday handed down lengthy opin-
ION In the local federal court in which
he holds that Alfred Flores Ocampo, q
Filipino employed III the Office Of the
local bureau Of detectives, Is not elig
ible TO become citizen of the United
States under the terms of the Consti-
tuition. ~.
Decision Anticipated r.. .
This decision was anticipated and
throughout legal circles yesterday much
satisfaction was evidenced over Judge
Vaughan g findings In this case. Deal
ing with this case, The Advertiser yes
terday said: Gin the case of Ocampo,
Judge Vaughan will decide whether a
Filipino may become naturalized. Judge
Clemens some months ago held In favor
of the question. The tip went out yes,
terday that Judge Vaughan IS opinion
will be different y
On the same day that Judge Clemens
held that Japanese, in the case Of Takao
Ozawa, could not be naturaiiZed, this
case being now on appeal TO the ninth
sircuit court Of appeals of the Pacific
Coast, he held that Filipinos, in the
case of Marcos Soils, were eligible to
citizenship. The Marcos Soils decision
was handed down by Judge Clemens
n the local federal court on March %,
last. Soils was admitted by Judge
Clemens as citizen. 81 ?.
The most important portions of Judge
Yaughan's decision are as follows;
Judge Vaughap's Decision r.
q ALFRED Flores oeampo, Filipino,
born JANUARY %, 1888, in the Philip
Dine Islands, where he had lived prior
to coming to Honolulu on. November
4, 1907, seeks to be admitted to citi.
zenship under section 30 Of the Natu
ralization Act Of June 90, 1905. "
"Is he eligiblef Does the law au,
thorize that he be admitted to citizen.
\ shipT He ,fiay be admitted unless Sec
ion 2l69 Of the Revised Statutes of
1878 applies in his case and forbids.
Not Free Prom Embarrassment
'The decision Of the question is not
free from embarrassment This court
has held in the case of Marcus Soils,
in an opinion rendered by Judge Glen.
| 9ns,' for whose opinions the writer has
great respect, that under section 30 of
he Act of June 80, 1906, Filipino, a
| native and citizen of the Philippine
Islands, is eligible to citizenship in
| spite of the provision Of Rev. Stat. see
2l69, limiting naturalization to aliens
who are free white persons or of Afri.
can descent 'or nativity
| Contradictory Opinions
1 "The opinion of Attorney G eneraI
| Bonaparte, given July 10, 1908, and the
| opinion of Justice Gould, of the Su,
preme Court of the District of Colum
bia, in the Lopez case, are cited to sup,
| port the, decision of the court; and they
| certainly do sustain it as far as the
authority Of the precedent can. On the
other hand, directly the contrary ha,
been held by Judge Thompson of the
| United States District Court for the
EASTERN district Of Pennsylvania, in the
| Alverto ease, 1913 Fed. 6SS, which has
been cited with approval and followed
IN short opinion by Judge Hand, in
he Lampitoe ease, 232 Fed. 3S2.
rhe Question Examined
:" Let uB examine the question. The
authority OF the courts to grant citi
| zenship to those who are not citizens OF
\ the United States, whether aliens or in
habitants of possessions subject to the
sovereign jurisdiction of the United
States owing allegiance thereto, is de
lived from aud limited by the PROV
| SiOns of the naturalization laws. From
/ "a .,.ust.. - A.
act down to 1870 our laws permitted
none to be admitted to citizenship ex
eept free white persons.
Uniform Construction .1-
| 1.-THE uniform construction given by
the courts to section 2l69 has been tha
IT fOrbids the granting of citizenshiI
to any except free white persons and 4
those of African descent oIknntivity
4 Numerous decisions have been rendere,
4 by the courts in (which those who wor,
not white persons nor of African de
scent nor of African nativity were de
MED citizenship. Those of Chinese, TIL
Malay, the Japanese, the Indian ant
the HaWRiian races were denied on ac
count of section 9l60. Even the half
white and half.mdian, born in Amer
lea, in British Columbia, was denied OF
aeeount of that section.
Cav Passed In 1906 d" Fl
j con June 80, 1906, H. II. l5442, Al
Vet to provide for uniform rule o
Naturalization of Aliens throughou
he United States, and to establish tn
Bureau of Naturalization, having pass
ed both houses of Congress, was up
proved by the President and became
Jaw, superseding all laws on the subjec
in conflict with it. Was section PIG
Of the Statutes repealed by the Act
| At the time it was passed the Congress
was familiar, it must be presumed, wit
he effect of section 2l69, and the con
stTuetion given TO it by the courts.
Congressional Records Examined IS.
II "All the opinions referred to in th
foregoing had been published in the r,
ports AZ the time. After careful o.
animation Of the Congressional Recor
during the time the bill was befor
Congress, ] have not found any mel
tion Of section 2l69 or of the decision