DENY CITIZENSHIP TO TWO JAPANESE SERVING IN NAVY

Said by government officials to the first time the question has been decided in the United States, two Japanese yesterday were denied American citizenship in the Federal Court in Seattle, despite many years' service in the United States Navy.

The Japanese, Teda Sato, cook for Capt. Harry A. Fields, commandant at the Naval Station, Puget Sound, and Eichachi Katsuya, steward, also stationed at Bremerton, based their claim to citizenship on a law passed during the war permitting the naturalization of aliens in military service.

Judge Charles E. Wolverton of Portland, sitting for Judge Jeremiah Neterer, however, ruled that act denies citizenship to other than white men, persons of African birth or descent and Filipinos and Porto Ricans.

A decision exactly the opposite from this ruling several weeks ago was handed down by United States Judge Vauhn in the Philippines, Japanese being admitted to citizenship over the objection of the Naturalization Department. The petition of the Japanese in Seattle yesterday was opposed by John Speed Smith, chief naturalization examiner in this district.

"Judge Wolverton's decision," said Examiner Smith yesterday, "simply means Japanese are not eligible for citizenship under the new law providing for the naturalization of certain aliens who entered the military service of the United States during the war."

The two Japanese at Bremerton sought citizenship under the seventh subdivision of the act of May 9, 1918. In construing the law yesterday, Judge Wolverton said this provided that Section 2169 of the revised statutes (the fundamental naturalization law of the land) shall not be enlarged or modified, except as specifically mentioned in the seventh subdivision.

As this mentions only Filipinos and natives of Porto Rico, the court held Japanese were excluded under section 2169, which still is in force and effect. Both Japanese are married and 40 years old. Sato has been in the United States Navy thirteen and Katsuya fifteen years.