Page:Federal Reporter, 1st Series, Volume 6.djvu/271

 COTTING V. CCITING. 269. �as a white person, and might be olassed with the one race as pTOpeuj as the other. Strie tly speaking, he belongs to neither. �The power. to say when and under what circumstanoes aliens may become American citizens belongs to eongress. Citizenship isa privilege whioh noone has a rightto demand; and in construing the acts of, eongress upon the subject of naturalization, the courts ought not to go beyond what is plaihly written. �The petitioner is not a "white person" in fact, nor can he be so considered upon any reasonable construction of the stat- ute, or within any raie that has ever been promulgated on the subject. �The application is denied. ���CuTTiNG V, CuTTiNO and others. {Circuit Court, D. Oregon. March 29, 1881.) �1. Gkant to Childuen undeh Section 4 op the Donation Aot. �TJpon the death of a married settler, under section 4 of the donation act, (9 St. 497,) before receiving a patent for the donation, and with- out having exercised the power to sell or devise the same, his inter- est therein is granted to his widow and children or heirs, and they take as the direct donees of the United States, and not by descent from such settler ; and therefore the property cannot be sold by the adminis^rator to pay his debts. �2. CHILDnBN. �The Word "children," as used in section 4 of the donation act, in- cludes grandchildren ; so that the children of a decea.sed child are en- titled byright of representation to a child's part in the donation occupied thereunder by their grandparents. �3. Children ob Heibs. �The grant of the interest of a deceased settler in the donation to his "children or heirs," as provided in section 4 of the donation act, takes effect in favor of the children flrst, and to the heirs only in de- f ault of children. �4. Hbirs of a Dbcbasbd Sbtti;bb. �The heirs of a deceased settler, under section 4, are such persons as the local law— the law of Oregon— makes his heirs. ��� �