In re Takuji Yamashita
| Decision Date | 22 October 1902 |
| Citation | 70 P. 482,30 Wash. 234 |
| Parties | In re TAKUJI YAMASHITA. |
| Court | Washington Supreme Court |
Application by Takuji Yamashita for admission to the bar. Application denied.
W. B Stratton, Atty. Gen., and E. W. Ross and C. C. Dalton, Asst Attys. Gen., amici curiae.
Takuji Yamashita, a native of Japan, applies for admission as an attorney and counselor at law in the courts of this state. He shows that he is over 21 years of age, has been a resident of the state for more than 1 year, and that he has the requisite learning and ability qualifying him for admission. The law relating to the qualifications and admission of attorneys and counselors at law is found in the act of March 19, 1895 (Laws 1895, p. 178), together with the amendment in the act of February 16, 1897 (Laws 1897, p. 12). The law of 1895 made no provision for admission without an examination. Sections 2 and 3 of the act provided for holding regular examinations for admission, but section 6 of the act declared: 'No person shall practice as an attorney and counselor at law in any court of this state who does not reside in this state, or who is not a citizen of the United States.' In the act of 1897, section 4 of the former act is so amended in substance as to provide for the admission of attorneys from sister states, upon satisfactory evidence of qualifications, without examination. The amendatory act does not affect section 6 of the original act, which, it may be observed, has been the law since 1881. It is apparent therefore, that, to entitle the applicant to admission, he must be a citizen of the United States. The qualifications required for admission to the bar are prescribed by law, and they are exclusively within the discretion and policy of the state. One of the conditions required for the applicant is that he must be a citizen of the United States. It is shown by exemplification of the record that an order was entered admitting applicant to citizenship in the superior court of Pierce county on the 14th of May, 1902. It is also urged that such superior court was one of competent jurisdiction, and therefore its judgment must be final, and cannot be questioned here. The record of naturalization shows that the applicant is a native of Japan, and that he renounces allegiance as a subject of the Mikado. The naturalization law requires the applicant to declare on oath that he absolutely and entirely renounces and adjures all allegiance and fidelity to every prince, potentate, state, or sovereignty, and particularly, by name, to the prince, potentate, state, or sovereign of which he was before a citizen or subject (Rev. St. U.S. § 2165, subd. 2), and the proceedings must be recorded by the clerk of the court. Thus the transcript of the order admitting him to citizenship shows that he is of the Japanese race. The judgment of the superior court, if acting within its jurisdiction, is conclusive; but, if the judgment upon its face shows that the court was without authority to pronounce the judgment, the determination is void and must be disregarded. A judgment void upon its face may be attacked at any time and in any proceeding, and the same may be disregarded.
Savage v. Sternberg, 19 Wash. 679, 54 P. 611, 67 Am. St. Rep. 751. Also, as pertinent and relating to such proceedings in naturalization, see In re Gee Hop (D. C.) 71 F. 274; In re Hong Yen Chang, 84 Cal. 163, 24 P. 156.
The question presented is whether one of the Japanese race is eligible under the naturalization laws, for admission to citizenship. The federal constitution confers plenary power upon congress to prescribe the qualifications and conditions for naturalization. All the acts of congress relating to the naturalization of aliens, commencing with that of April 14 1802, to the Revised Statutes, contain the provision that 'any alien being a free white person may be admitted to be a citizen,' etc. After the adoption of the thirteenth and fourteenth amendments to the federal constitution, and in the act of July 14, 1870, it was enacted by congress 'that the naturalization laws are hereby extended to aliens of African nativity and to persons of African descent.' 16 Stat. 256, § 7. This was afterwards revised, and placed in the Revised Statutes,--section 2169 (see 18 Stat. 318),--so as to read, 'The provisions of this title shall apply to aliens being free white persons and to aliens of African nativity and to persons of African descent.' And this is the existing law. It is plain that the two races mentioned are now eligible to citizenship under the general naturalization laws; that is, white persons and persons of African (negro) descent and nativity. It is clear that within the meaning of these words the applicant is ineligible. When the naturalization law was enacted the word 'white,'...
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...after examination of their eligibility, skills, and moral character. E.g. , LAWS OF 1895, ch. 91, § 3; In re Admission to Bar of Takuji Yamashita , 30 Wash. 234, 239, 70 P. 482 (1902) (disapproval noted at 143 Wn.2d xxxiii-lix (2001)). We did not need the state bar act to do this: "[o]ne of......
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