The test is racial, and for practical purposes of the statute must be applied to a group of living persons now possessing in common the requisite characteristics for naturalization. It is now judicially determined that the mere color of the skin of the individual does not afford a practical test as to whether he is eligible to American citizenship, as that differs greatly among persons of the same race, "even among Anglo-Saxons, ranging by imperceptible gradations from the fair blond to the swarthy brunette the latter being darker than many of the lighter hued persons of the brown or yellow races." Ozawa v. No charge of fraud is made, and the sole question to be determined is whether defendant is to be classed, for naturalization purposes, as a "free white person," as those words are used in section 2169, R. It is alleged that he is not a free white person within the meaning of the naturalization laws of Congress. This is a suit on the part of the government to cancel defendant's certificate of naturalization, on the ground that, at the time of the issuance of his certificate, he was not, nor is he now, entitled to naturalization as a citizen of the United States.ĭefendant is a native of that part of the Turkish Empire known as Turkey in Asia, or Asia Minor, having been born in Sivas, which is located in Western Armenia, towards Anatolia, and is of Armenian blood and race. Guthrie, of New York City, for defendant. McCamant & Thompson, of Portland, Or., and William D. Stearns, Jr., all of Portland, Or., for the United States.
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