Evening star., 1922-11-13
JAPANESE BARRED
AS CITIZENS Of US.
BY SUPREME COURT
Ruling Made in Test Cases
From Hawaii and the
Pacific Coast.
REAL ESTATE BUSINESS
INVOLVED IN DECISION
Complainant Had Been Refused
Incorporation in Washing
ton State.

Japanese are not eligible for
naturalization in the United States
it was held today by the Supreme
Court In its finding the court dis.
posed of two cases, one brought from
Hawaii by Tako Ozawa against the
United States. and the other broush,
by Takuji Yamaschita and Charlie.
Hio Koko against the secretary OF
state Of Washington. In the latter
case both Japanese had been uatur.
allied by court of the state OF
Washington. but were refused incor.
poration as real estate firm on the
ground that their naturalization hao
been illegal.
The lower federal courts denied
naturalization in both cases, but the
ninth circuit court of appeals. in con.
sidering the Ozawa case. suspended
its decision and asked the Supreme
Court for instructions as to whether
Japanese are eligible for citizenship
under the naturalization laws.
The question largely turned upor
whether section 2169 of the revised
free white persons" and those OF
African descent was still in force.
The Courts Opinion.
The court stated that the questions
before 1t were:
Il. Is the naturalization act OF
June 20. 1906, limited by the pro-
visions of section 2169 of the Revised
Statutes of the United States?
"2. If SO limited. is the appellant
eligible to naturalization under that
section?'
The court answered the first o,
these questions in the affirmative, an6
then, in discussing the phrase. free
white persons" as it appears in the
statute. said: e.,
originally used in recognition Of the
fact that slavery then existed ana
that some white persons occupied
that status. The word. however. has
long since ceased to have any prac.
tical significance and may now be
disregarded.
"Manifestly the test afforded by
the mere color of the skin of each in.
divtdual Is impracticable. as that diff,
fers greatly among persons of thu
same race. the court added, "ever
among Anglo-Saxons. ranging by i'm.
perceptible gradations from, the fat,
blond to the ewArthy brunette, thu
latter being darker than mahy of the
lighter hued persons of the brown o.
yellow races. Hence. to adopt the
color test alone would result in
confused overlapping of races and s
gradual merging of one into tht
other. without any practical line OF
separation.
The federal and state courts. il
an almost unbroken line, have held
that the words white person were
meant to indicate only a person OF
Caucasian race. With the conclusion
reached in these several decisions we
see no reason to differ. Moreover
that conclusion has become so wei;
esta blished by judicial and executive
concurrence and legislative acquies.
cience that we should not at this late
day feel at liberty to disturb II. In
the absence of reasons far more
cogent than any that have been sug.
gested.
Individual Cases.
THE effect of the conclusion that
the words white person means 6
Caucasian is not to establish a sharI
line of demarcation between those
who are entitled and those who are
not entitled to naturalization, but
rather, a zone of more or less de.
batable ground. outside of which
upon the one hand, are those clearly
eligibles and outside of which, upon
the other hand. are those clearly in.
eligible for citizenship.
individual cases falling within this
zone must be determined as they arist
from time to time by what this court
has called. in another connection
the gradual process of judicial in.
clusion and exclusion
THE appellant in the case now un.
der consideration. however, is clearly
of race which is not Caucasian ant
therefore belongs entirely outside the
zone on the negative side A large
number Of the federal and stats
courts have SO decided, and We fine
no reported case definitely to the con.
trary. These decisions are sustained
by numerous scientific authorities
which We do not deem il necessary ts
review. We think these decisions are
right. and SO hold"