Evening star., 1925-03-25

can Indian would wish to settle in
the United States permanently, and
If he came as visitor or student the
rule would not apply.
Has Discussed Matter.
Commissioner General Husband has
discussed the matter with DR.. Daniel
FoIkmar, ethnologist of the Depart
ment of Commerce and author OF the
Dictionary of Races and Peoples,
published by the Bureau Of the Cen
sus in 1911, which remains the OIL
cial Government classification of
races In this case, he said, 1t was
the opinion that if such an issue
arose over a Mexican Indian it might
come under the terms of special
treaty signed with Mexico at the
conclusion of the Mexican War, so
that the racial question could be
ignored This would be a matter of
court decision, however, Mr.. Husband
said, and other Central American ma
tions would present the same prob
lem The ban might even apply to
Canadian Indians, although here
again complications might arise
through earlier treaties with the va
rious tribes under which some OF
them still claim special privileges in
entering the United States
Outline of Situation.
The present situation. in brief, as
explained by Mr.. Husband, is as fol-
lows: BY a statute passed in 1890
the right of naturalization as Ameri-
can citizens was restricted to free
white persons" Following the Civil
War this was amended to read, land
10 aliens of African nativity and per-
sons of African descent" The 1924
immigration law forbids entrance to
the United States of persons ineligi-
BILE to become citizens. Thus, the lists
apparently are closed to all but per-
sons of unquestionable white blood,
negroes and persons of other races
born in Africa.
a peculiar twist of the present law,
according to Raymond F. Crist, COM
missioner of the Bureau of Natural
zation, is that while a Japanese born
n Europe or Canada and whose an
cestors might have lived there for
generations would be barred. n Japa-
lese born in Africa probably would
be eligible to citizenship, and hence
;tble to enter the country, since a
special exception is made for "aliens
Of African nativity"
Many Delicate Questions.
The present law, Labor Department
officials admitted, opens up the pos
iibility of many delicate legal ques-
ions which may lead to international
lard feelings if they ever reach the
'ourts. Even the eligibility of some
inhabitants of Asia Minor, such as
Armenians. has been questioned and
vould be the occasion of a hard bat
lie if it reached trial.
The classic case of this nature, Mr..
husband said. is the decision of JUS
ice Sutherland of the United States
'upreme Court in the application for
citizenship of Bhagat Singh Thind, a
high-class Hindoo of full Indian
,lood. The application was denied
nd, with the new immigration law,
lie denial automatically bars Hin
oos from the United States, although
hey are citizens of the British En-
ire, and, according to scientific
Justification, members of the white
ace. On the other hand, Commits
ioner Crist brought out, Parthians
no also are natives of India, but
hose actual whiteness is more ap-
aren't, are eligible to citizenship and
therefore, can be admitted with the
indian quota.
Justice Suther1and's decision is no.
able. Mr.. Husband said in that it
places a rather rigid Interpretation
n the word white" and practically
iscards present anthropological clas-
ifications of racial groups. The in
depreciation is based on what the