New-York tribune., 1922-11-14
Supreme Court Refuses
Orientals Citizenship,
Ruling That Basic Law
Refers to Caucasians
Racial Worth Not
Issue, Says Judge
Jusfice Sutherland Cites
Century. Precedent
in Denying Appeals
pror, rhe Trtaune,s Washsnoton nurecu


WASHINGTON, Nov. 13. - The
Japanese people are not of the white"
or Caucasian race and therefore are
not entitled to citizenship in the
United States, the Supreme Court de-
cided to-day in opinions handed down
by Justice Sutherland. His rulings
we're on two cases, originating in the
courts OF Hawaii and the State of
Washington.
In the Hawaii case, Takao Ozawa,
after being a resident under the
American flag for twenty years. ar-
piled for citizenship. In the Wash
ington case, Takuji Yamashita and
Charles Hio Kono brought suit
against the Secretary of State Of
Washington because they were refused
. charter for a Japanese real estate
holding company. The refusal Of J.
Grart Hinkle. the secretary, was based
on the ground of illegal naturaliza-
lion.
Both lower courts held that
Japanese were not entitled to naturali-
sstion, while the Court of Appeals for
Inc Ninth Circuit. passed the case on
10 the Supreme Court without decid-
ing it.
Legal Issues Alone Discussed
Both decisions of the lower courts
we're upheld to-day. The decision of
the Supreme Court is OF the more inn
uortance because it frankly disregards
Ill elements not of strictly legal
eharacter 1t ignored such contentious
ss that made by ozawa that he had
been graduated from high school in
Berkeley, Calf; had studied at the
gniYersity of California for three
vs,s and had sent his children to
ansrican schools and churches.
h discussing this case Justice
Svsserland said:
NE briefs filed on behalf Of ap-
plsss refer in complimentary terms
lahealture and enlightenment of the
lwEse people, and with this esti-
mewe have no reason to disagree;
Maese are matters which cannot en-
kfhlto our considerationSofs the ques-
fsss here at issue. We have no func-
70 in the matter other than to asser-
Aa the will of Congress and declare
o. course, there is not implied
ssher In the legislation or in our in
srpretatiou of it-any suggestion Of
adiyidual unworthiness or racial in
isriority. These considerations are in
no manner involved
Hawaii Denies Citizenship
The District Court of Hawaii held
that as Ozawa was born in Japan and
Of the Japanese race ne was not eligi-
was taken to the Court of Appeals and
then to the Supreme Court on these
three questions:
II. Is the act of June 30, 1905, pro-
siding for uniform rule for the nat
uralization of aliens complete in itself
OF is it limited by Section 2,169 of the
Revised Statutes?
a2 Is one who Is Of the Japanese
race and born in Japan eligible to citi-
zenship under the naturalization laws?
"3. II said act of June 90, 1906, is
limited by Section 2,16s and natural
ization is limited to aliens being free
white persons and to aliens Of African
nativity and to persons of African de-
scent is one of the Japanese race,
born in Japan, under any circum-
stances eligible to naturalization 2"
In discussing this point, Justice
sutherland said:
In all of the naturalization acts
aaa 1870 to 1906 the privilege of
usafallzation was confined to white
Rs'saas with the addition in 1870 of
.t1l 80 ivan lldtisIty anu QcbCSutJ,
sllaoush the exact wording of the vari-
sas statutes was not always the same.
congress in 1906 desired to alter
4 tue SO we'll and so long established,
= may be assumed that it's purpose
would have been definitely disclosed
aaa Jus legislation to that end put in
sanistakable terms
Holds Japanese Not 'sWhite''
IA As to whether Ozawa could be ad-
rse gsWee to citizenship under the clas-
Saaahon SSaIahon free white citizen" Justice
iss5aerand asserted the courts had
.ssg held that white person" meant
.,;a member Of the Caucasian race, and
sa sa.u IN ms opinion, the Japanese Ozawa
vas o not Caucasian.
MI o1 behalf of the appellant it is
stysa. sttgea that we should give to this
ipa,ase ina Sc Tree white person the mean
as.; k winch it had in the minds of it's
va sinai trainers in 1890, and that 1t
sn ma employed by them for the sole
p0se et excluding the black, or AT