Belington progressive. [volume] (Belington, W. Va.) 1912-1927, 1922-11-16
JApS ARE BARRED
FROM CITIZENSHIP
Supreme Court Rules white"
Applies to Caucaslans. |
TWO APPEALS DISMISSED
Hawaiian and Washington State Nip
pons Sought to Be Naturaiixed by
court--Lower Judges Upheld.


court--Lower Judges Upheld.
Washington. The Japanese are
not eligible for naturalization in the
United States, 1t was held by the SUI
preme court.
In its finding the court disposed Of
two cases, one brought from Hawaii
by Tako 0zawa against the United
States, and the other brought by TIA
kuji Yamashita and Charles Hi0 KokO
against the secretary or state OF Wash
ington. In the latter case, both Japa-
nese had been naturaiized by court
Of the state OF Washington, but vera
refused incorporation as real estate
firm on the ground that their naturali-
cation had been illegal. The lower
courts denied naturalization In both
cases, but the ninth circuit court OF
appeals, In considering the Ozawa
case, suspended It's decision and asked
the supreme count for Instructions as
to whether Japanese are eligible for
citizenship under the naturalization
laws.
The question largely turned upon
whether section 2l69 OF the revised
statutes, restricting naturalization to
free white persons and those OF
African descent was still In force. The
court stated that the questions be-
fore 1t were:
Il. Is the naturalization act Of June
20, 1906 limited by the provisions OIL
section 2l69 Of the revised statutes OF
the United States?
SO. IL so limited, Is the appellant
eligible for naturalization under that
sectfon?"
The court answered the first Of these
questions In the affirmative, and thel
In discussing the phrase free white
persons" as 1t appears IN the statute,
said:
Undoubtedly the word free was
originally used in recognition Of the
fact that slavery then existed and that
some white persons occupied thar
status. That word, howev sr, has long
since ceased to have any practical sig
nificance and may now be disregarded.
"Manifestly the test afforded by the
mere color of the skin OF each indi-
vidual Is impracticable, as that differs
greatly among persons of the same
race, even among Angl0-Saxons, rang
ing by imperceptible graduations from
the fair blond to the swarthy brunette,
the latter being darker than many OF
the lighter-hued persons OF the brown
or yellow races. Hence to adopt the
color test alone would result in con-
fused overlapping Of races and grad
ual merging of one into the other,
without any practical line Of separa-
tion.
',The federal and state courts, In an
almost uDbroken line, have held that
the words white person were meant
to indicate only person Of what is
popularity known as the Caucasian
race. With the conclusion reached In
these several decisions, we see no rea-
son to differ. Moreover that conch-
sion has become so well established
by judicial and executive concurrenee
and legislative acquiescence that we
should not at this rate day feel at
liberty to disturb 1t in the absence Of
reasons far more cogent than any that
have been suggested.
"The effect Of the conclusion that
the words white person means Gnu
casian Is not to establish sharp line
Of demarcation letween those who are
entitled and those who are not en-
titled to naturalization, but rather a
zone OF more or less debatable ground !.
outside Of which, upon the one hand,
are those clearly eligible, and ortsidel
Of which, upon the other hand, areI
those clearly ineligible for citizenship.
Individual cases falling within this
zone must be determined as they arise
from time to time by what this court
has called, in another connection, the
gradual process of judicial inclusion
and exclusion
The appellant in the case now un-
der consideration, however, is clearly
OF race which is not Caucasian, and
therefore belongs entirely outside Of
the zone OF the negative side. A large
number of the federal and state courts
have SO decided, and we find no re-
ported case definitely to the contrary.
These decisions are sustained by nu-
merous scientific authorities. which We
do not deem it necessary to review.
We think these decisions are right
and 50 hold.