[1] As employed in sections 51 and 52 of the Civil Code, the
term "citizen" is not used in a restricted sense -- that is, a
citizen of a state or a citizen of the United States -- but in
the broad and unrestricted sense, implying that one is a resident
of the state and as such entitled to invoke the jurisdiction of
its courts to protect a right guaranteed to all, without
reference to race or color, who resides within its jurisdiction.
To hold otherwise would render the statute obnoxious to the
fourteenth amendment of the federal constitution, under which a
state may not "deny to any person within its jurisdiction the
equal protection of the laws." In our opinion, it was not the
intent of the legislature to restrict the operation of the
statute to those only who were subjects of the United States
government and exclude therefrom unnaturalized residents of
foreign birth, whether white or black. [2] The evidence shows
that the plaintiff was a resident of the state, which in fact
entitled him to maintain the action. Whether or not he was a
citizen of the United States, with all the rights implied by such
term, is immaterial.
[Prowd v. Gore, 57 Cal.App 458, 459-461 (1922)]
# # #
Return to Table of Contents for
Prowd v. Gore