White Pine news. [volume] (East Ely, Nev.) 1920-1923, 1922-11-19
CITIZENSHIP IS DENIED
JAPANESE RESIDENTS
BY Charles Sughroe
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OlutI q AtIASAhA Ddllu1d AONh ny
the supreme court of the United
States last Monday a japanese is not
entitled to United States citizenship.
The important question turned
largely upon the Interpretation by the
highest judicial tribunal of the mean
ing of the term free white persons
as used in section 2169 of the re-
vised statutes, and whether or rot
the naturalization act of June 30,
1906, is limited by the provisions of
the section referred to.
Test cases were brought by Tako
Ozawa against the United States and
by Takuji Yamashita and Charles
Hiokono against the secretary of
state at Washington.
Ozawa has lived in Hawaii since
early childhood and was educated
there in the American schools. His
children are being brought up as
Americans and are now attending
American schools. Ozawa started his
fight for citizenship several years ago,
claiming rights under the naturaliza-
ton law by being a descendant of
the white tribe Aisu. He first o
| the matter up in Hawaii and after
suffering defeat there renewed his
| efforts in the courts of California,
where he was again defeated, and his
appeal to the supreme court OF the
United States brought the question
up for final determination.
Yamashita and Hiokpno had been
naturalized by a court in the state
of Washington. Later when seeking
to incorporate as a real estate firm
they were refused on the ground that
their naturalization had been illegal
and their action against the secre-
tary of state followed.
The supreme court found that the
naturalization act of June 20, 1906,
Is limited by section 1859 of the re-
yised statutes and in placing Its In
depreciation on the Gaming OF the
phrase free white persons, as used
in that section. said:
Undoubtedly the word free was
originally used in recognition of the
fact that slavery then existed n
that some white persons occupied
that status. The word. however, has
long since ceased to nave any prac-
teal significance and may now be
disregarded. ManifestTy thai test af-
forded by the mere color of the skin
of each Individual is impractfcable,
as that differs greatly among persons
of the same race. even among Anglo
Saxons, ranging by imperceptible
graduations from the fair blonde to
the swathy brunette, the latter being
darker than many of the lighter hued
persons of the brown or yellow races.
Hence, to adopt the color test
line would result in a confused over
tapping of races and gradual merg-
ing of one into the other without any
practical line of separation.
"The federal and state courts in
an almost unbroken line have held
that the words white person were
meant to indicate only a person of
what is popularity known as the eau
casian race. With the conclusion
reached in these decisions we see no
reason to differ. Moreover. that con-
clusion has become SC well estab-
lished by judicial and executive con
currence and legislative acquiescence
that we should not at this late day
feel at liberty to disturb II In the alb
sence of reasons far more cogent than
any that have been suggested.
THE effect of the conclusion that
the words white person means eau
casian is not to establish a sharp line
of debarkation between those who are
entitled and those who are not enti-
tied TO naturalization, but rather a
zone of more or less debatable
ground, outside of which upon the
one hand are those clearly eligible
and outside of which on the other
hand are 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 connec-
ton. the gradual process OF judicial
inclusion and exclusion
THE appellant in the case now I'M
der consideration, however, is clearly
OF a race that Is not Caucasian and
therefore belongs entirely outside the
zone OF the negative side.
"a large number OF the federal
and state courts have so decided and
/ we find no reported case definitely to
the contrary. These decisions are
sustained by numerous scientific au-
| thorities. which we do not deem 1t
necessary to review. We think these
decisions are right and so hold"