The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1922-11-18
JAPANESE not
ELIGIBLE FOR
CITIZENSHIP

clQ6S Long 1eilulilg
Case Of japanese
Asking for Natural :
ization
Washington, Nov. 13.-ssapanese
can not be. naturalized in the Unit
ed States and can not become citi-
zens Of this country, the supreme
court of the United States decided
today in it's first construction of
federal statutes bearing on the
subject. The decision was the first
delivered by Justice Sutherland as
a member of the court and was
handed down in case brought by
Fakao OzaEa, who in 1914 applied
& Cor citizenship in Hawaii.
The ruling is expected to attract
wide, attention not only in the
United States but abroad. notwitn-
standing the failure Of the court
to make any reference to its diplo-
matte significance The case has
been long pending in the supreme
court ard last term when reach
I ed for argument, during the con-
ference on limitation OF armament
and Far Eastern questions its con-
sideration was postponed at the
request Of the department Of JUS
tice. No reference is to be found
in the decision OF the gentle
mems agreement y under which
japanese immigration into the
country has been regulated.
In the ozawa case the court
stated that there is not implied
either in the legislation or in our
interpretation of it-any sugges-
ton of individual unworthiness or
racial inferiority. These consider
atoms are in no manner involved. :"
cit also referred to the COM
plimentary' terms used in describ-
ing in the papers presented to the
court ..the culture and enlighten-
ment Of the japanese people.
With such an estimate the court
said It had mo reason TO dis
agree. Such matters, however,
Justice Sutherland stated, could not
enter into the decision OF the case.
We have nc function M the mat-
ter" he said, "ofher than ascer-
tain the viii Of congress and de-
clare it."
The two questions decided by the
court were whether the general nat
nralization act Of June %, 1905,
was limited by the provisions of
{ Section 2i69 Of the revised statutes
authorizing the naturalization of
/ free white persons and those OF
African birth and descent. and
whether, if so limited, japanese
were eligible to naturalization. In
an exhaustive analysis of the leg
islation the court held that Sec
ton 2169 was in full force, and
that under it japanese could not
obtain citizenship in this coun-
try.
The court stated that in all of
the naturalization acts from 1870
to 1906 the privilege Of natural
ization was confined to white per-
sons with the addition in 1870 of
those Of African nativity and des-
cent, although the exact wording
OF various statutes was not al
ways the same.
.If congress in 1906" it added,
desired to alter q rule so well
and SO long esta bIished it may be
assumed that its purpose would
have been definitely disclosed and
irs legislation to that effect put in
nnmistakable terms"
Declaring that it is duty Of the
court ito give effect to the intent
of congress" the opinion proceeded
TO determine the :'intent" by giving
the words their natural significance.
In passing on the long establish
ed policy of congress to restrict
: naturalization under Section 2169
the court found it Uncomfortable
that a. rule in force from the be-
ginning of the government a part
OF our history as well as our law,
welded into the structure of our
national policy by century Of
legislative and administrative acts
and judicial decisions, would have
s been deprived of its-force in such
dubious and casual fashion
Having sustained Section 2l69 the
court then proceeded to discuss
whether japanese are free white
persons within the meaning Of the
statute. 1t was the meaning, the
court held. 'to confer the privilege
of citizenship on that class Of per-
sons whom the fathers knew as
white and to deny it 90 all who
could not be so classified
TT is not enough" it added. ito
say that the trainers tof the law
did not have in mind the brown or
yellow races Of Asia. 1t is neces-
sary to go farther and he able to say
that had these particular races
been suggested the language of the
act would hive been so varied as
to include them within its provis-
ions If it be assumed that
the opinion of the trainers was
that the only persons who would