The Seattle star. [volume] (Seattle, Wash.) 1899-1947, 1922-10-04
JAPANESE CASE
NOW IN COURT
Naturalization Test Up for
Decision

WASHINGTON. u. C.. oct. a.
Atsumcnt was begun In the supreme
court yesterday BY former Attorney
General George W. Wickcraham An
Two Of n number of eases new upon
The docket 20 define the rights OF
Japanese in this country. lie sp.
pcared IN behalf Of Takoa Oxawa IN a
proceeding against the United states
anu Tor rakuii Yamashlta and
charles lilo kono against the secre.
tary ~ state OF Washington, tho
cases presenting for final decision
The long standing controversy over
the eligibility OF japanese for natur,
ahxation.
The Oxnwa case originated IA Tia
waii IN 1914 when the United states
district court denied him citizenship
and has hecn pending In the ~i.
rreme court since 1911 on certifi.
cate from the ninth circuit court Of
appeals asking instructions. when
heretofore reached for argument the
ease was passed At the request Of
the government. the last time when
the limitation Of armament confer.
cncc was IN session
Tho government has prepared an
elaborate brief and is now ready "a
proceed. II contends he Is no eli
g'hie for citizenship, even Tho the un.
preme court should hold that Iapn.
nese aS race may be naturallrcd.
Tor tho reason that he delayed IN
filing hts application more than
seven years after tho passage OF the
act Of 1905.
The government IN It's brief urged
the court. should u consider the case
moot, 70 decide :, in order that tho
rights ~ persons % the japanese
race with respect TO naturalization
may be settled
In the state 90 Washington case
the two Japanese were naturalircd by
nc superior court ~ Pierce county.
that state. ~ 1909. bu, incorporation
az real estate firm was refused
them BY the secretary % state on
the ground that their naturalization
had no, been authorized by law. -he
same reason had been advanced hy
the state Tor refusing Yamashlta al
mission 10 the bar.
In His argument. which was not
concluded when tho court adjourned
for the day. Mr.. Wickersham pointed
out that the questions certified hy
INC ninth circuit court OF appeals "a
inc ozawa case presented the real
issue. These were whether section
siss % the revised statutes provld
ing for the naturalization OF Stree
white persons" placed n limit upon
the naturalization and immigration
&C, % 1904. which was enaesea under
The Roosevelt administration. and
contained no such restrictions and
whether one Of the japanese race Z
eligible for citizenship.
In a minute review OF legislation
on the subject Mr.. wickersharn con.
tended that the restriction Of "free
white persons" was placed in the law
to exclude negro slaves In supper,
OF this assertion and 20 emphasis
the confusion % the decisions on tho
subject he declared that AZ least 50
Japanese had been nnturniizei and
that many Immigrants from other
countries OF Asia had been admitted
TO ct'ixenshsp. while others from the
same countries had been denied such
pFivilcr~-
solicitor General neck IN hchaif Of
tho government ana Attorney Gen.
erai L. L. Thompson ~ the state Of
Washington win follow Mr.. Wicker.
sham and assert that u was the In.
tention Of congress 10 have section
aiss OF The revised statutes operative
notwithstanding ihc passage OF the
1905 Law and that citizenship ia thl.
country f. restricted 20 free white
persons" and those Of African origin
and descent.