1. Persons of the Japanese race, born in Japan, are not
entitled, under Rev.Stats., § 2169, to become naturalized
citizens of the United States. P.
260 U. S. 200.
Ozawa v. United States, ante, 260 U. S. 178.
2. A judgment purporting to naturalize persons whose
ineligibility appears on its face is without jurisdiction, and
void. P.
260 U. S. 201.
Affirmed.
Certiorari to a judgment of the Supreme Court of Washington
which denied the application of the petitioners for a writ of
mandamus to require the respondent, as Secretary of the State of
Washington, to receive and file their articles of incorporation.
This case was argued with
Ozawa v. United States, ante,
260 U. S. 178.
Page 260 U. S. 200
MR. JUSTICE SUTHERLAND delivered the opinion of the Court.
This case presents one of the questions involved in the case of
Takao Ozawa v. United States, ante, 260 U. S. 178,
viz.: are the petitioners, being persons of the Japanese
race born in Japan, entitled to naturalization under § 2169 of
the Revised Statutes of the United States?
Certificates of naturalization were issued to both petitioners
by a superior court of the State of Washington prior to 1906, when
§ 2169 is conceded to have been in full force and effect.
The respondent, as Secretary of the State of Washington, refused
to receive and file articles of incorporation of the Japanese Real
Estate Holding Company, executed by petitioners, upon the ground
that, being of the Japanese race, they were not at the time of
their naturalization and never had been entitled to naturalization
under the laws of the United States, and were therefore not
qualified under the laws of the State of Washington to form the
corporation proposed, or to file articles naming them as sole
trustees of said corporation. Thereupon petitioners applied to the
supreme court of the state for a writ of mandamus to compel
respondent to receive and file the articles of incorporation, but
that court refused, and petitioners bring the case here by writ of
certiorari.
Upon the authority of
Takao Ozawa v. United States,
supra, we must hold that the petitioners were not eligible to
naturalization, and, as this ineligibility appeared upon the face
of the judgment of the superior court admitting petitioners to
citizenship, that court was without jurisdiction,
Page 260 U. S. 201
and its judgment was void.
In re Gee Hop, 71 F. 274;
In re Yamashita, 30 Wash. 234.
The judgment of the supreme court of the State of Washington is
therefore
Affirmed.
