Evening star., 1924-09-14
COURT ASKED TO Define
ELIGIBILITY OF FILIPINO
Bureau of Naturalization Opposes Peti-
ton for Citizenship on Ground That
Laws on Subject Conflict.

glance to the United States? If Con-
gress meant for him to be a citizen
OF the United States, why not say so?
The question has been placed before
Justice Hoehling of the District Su-
preme Court, and his decision will
determine whether the Filipino may
become a citizen. or whether the fact
that the Philippine Islands will some
day be Independent would prohibit
his gaining citizenship.
Further to strengthen its contention
that Congress has failed to provide for
the Filipino becoming a citizen, the
Bureau of Naturalization calls attention
to the fact that Congress provided that
Filipinos who served for at least three
continuous years in the United States
Army, the Navy, the Marine Corps or
the naval auxiliary may become citi-
Zens, but that Congress failed to men
ton civilians. Further. the Bureau OF
Naturalization in its brief in the case
recalls that the courts have held that
the Filipino is not an alien. Therefore
he is not to be admitted under the regu-
lations prescribed for the naturalization
of aliens. In short, the bureau SAYS
What is he?' He's not an alien, he's
not a citizen, he's just plain Filipino.
and the Philippines belong to the United
States.
Press Bureaus Interested.
The Philippine Press Bureau, which
is ever on the alert to get out a state
ment on something, and is usually able
to spout statistics of one kind or an
other in steady stream until halted,
is uninformed on the number of Philip
pine citizens of the United States. Nor
is the press bureau able to tell offhand
how many FilpinoS who hoped to be-
mo rjt 10 oF
fected by an adverse decision of the
court on the question of Philippine
eligibility to citizenship But there are
many citizens, former Filipinos, who
have been admitted in other jurisdic-
tions, and doubtless there are many
Filipinos who have been admitted to
citizenship in Washington under a pre-
vious decision of the court on this sub
ject.
When a servant brought to the
United States by Chief Justice raft
several years ago petitioned for citi-
zenship. the Bureau of Naturalization
contested his eligibility on the
strength of the Section 269, Revised
Statutes. which states that the pro-
visions shall apply to aliens
being free, white persons and to
aliens of African nativity and to per-
sons of African descent The bu-
reau argued that the Filipino did not
come under the classes mentioned.
But former Justice Gould in the Dis
trict Supreme Court held that the
Filipino was a resident of the Philip
pines, which is a territory of the
United States. and that Cor gress in
tended that they should become cltl-
Zens under the Section 80 which was
quoted above.
This Interpretation held good until
| Congress wrote the preamble to the
Jones act promising the Philippines
eventual Independence, throwing. as
| it were, a monkey wrench into the
machinery, which caused additional
| worry for the Bureau of Naturaliza-
ton.
Civil Service Records.
There are many Filipinos in the
Government service who have sue
cessfully passed the civil service ex-
aminations and who, technically, are
not citizens of the United States. The
civil service records get around this
by stating that the Filipino is a resi-
dent of the Philippine Islands. owing
allegiance to the United States. They
do not use the word "permanent' in
describing allegiance. and thereby get
around the difficulty which is puZzling
the Bureau of Naturalization.
The case of the washington Fill
pino who wants to become a citizen
is the first one, according to the Bu-
reau of Naturalization, which has
come up since the writing of the pre-
amble to the organic law of the Phil
ippines. 1t is being used as a test
case to determine the status of ap-
plicants for citizenship in the future.
When Justice Hoehling's decision
becomes known the Philippine Press
Bureau undoubtedly will issue i
statement.