State ex rel. Constanti v. Darwin

Citations

• 102 Wash. 402

Syllabus

<p>Pish—License—Rights oe Aliens—Statutes and Pjroclamations —War, The fact that the country is at war with Austria-Hungary does not impel the suspension of Rem. Code, § 5150-43, entitling actual residents of the state who have declared their intention to become citizens of the United States to a fishing license; since the President’s proclamation of war between the United States and Austria-Hungary, of December 11, 1917, merely prohibits subjects of that country from entering or leaving the country, and declares that, so long as they conduct themselves according to law, they shall be undisturbed in the pursuit of their occupations, as friendly aliens' on a different footing from the subjects of Germany.</p> <p>Same. The fact that such subjects are not now entitled to become citizens of the United States on account of the war, under U. S. Comp. St. 1916, § 4362, is immaterial; since it cannot be said that the intention of Rem. Code, § 5150-43, was to confine the right to those entitled to become citizens at the time they apply for a license to fish.</p> <p>Wae—Alien Enemies. Alien enemies who by the President’s proclamation of war are recognized as friendly aliens and accorded security in the undisturbed peaceful pursuit of their lives and occupations and the consideration of all law abiding citizens, are authorized to maintain actions in our courts to secure their lawful occupations.</p> <p>Mackintosh, J., dissents.</p>