should ponder seriously his own obligations before delegating the performance of his duty. In some instances other district court, or circuit court, judges have been invited to perform this particular function. But, a good percentage of the judges have invited "prominent persons," "outstanding citizens," the naturalization examiner, "nonpolitical public personages, such as educators," 12 members of the local bar and of university law school faculties, representatives of the American Legion and of other patriotic as well as religious organizations, to deliver such addresses.13 Such inadequacies as may appear in the addresses of invited speakers may be compensated for by the judge in a supplementary address. A few of the judges have included in the ceremony a response by some member of the applicant group or by some well-known naturalized citizen.

14

Some of the more routine phases of courtroom ritual may be made of special significance in naturalization proceedings if carefully planned in advance. Thus, several judges recommended that the oath of allegiance be administered by the judge himself, instead of by the clerk or his deputy. One who witnesses a presidential inauguration must be impressed by the profound emotional response which can come from oath-taking. The expressive, resonant enunciation of a Chief Justice, such as Charles E. Hughes, and the full-voiced response of a President, such as Franklin D. Roosevelt, for example, give life and meaning to words which, if mouthed by a tired deputy clerk, are as unconvincing as a dead rabbit. If it is

in the Joint Resolution. Also, if the phrase 'in cooperation with civil and educational authorities and patriotic organizations' contained in the last part of the Resolution implies that there shall be any departure during the naturalization session, from a strictly judicial procedure, I am opposed to such departure. In short, I think that it is highly desirable that the dignity of the court as a court be preserved, and that the court itself should be the exclusive medium for emphasizing to the new citizens the significance of American citizenship. I say this because while I have no disposition to underestimate the valuable work which civil, educational, and patriotic agencies are constantly doing in connection with the preparation of the alien for citizenship, experience over fifteen years on the Bench indicates that unless the courtroom procedure during naturalization is restricted as above stated, it is very difficult to draw the line as to what should or should not be added to what the court itself may do."

12 Judge Phillip Forman: "From time to time I introduce nonpolitical public personages, such as educators, etc., to substitute addresses for mine or to supplement them. Since the procedure is such a frequent one it is difficult to obtain outstanding speakers at all of them but effort is continuously made to interest appropriate persons in the event." [Italics supplied.]

18 Judge Bascom S. Deaver: "On our last Naturalization Day in Macon the American Legion sponsored a program, which was broadcast by a local radio station. One feature of the ceremony was an address by an army officer from Camp Wheeler."

Judge Caskie Collet: "I have usually supplemented these addresses with such remarks as appeared most appropriate in view of the tenor of the preceding address."

convincingly done by a clerk who can put his heart into it,15 and if the new citizens-trained in advance by representatives of some patriotic organization can repeat the oath, convincingly, in full, this alone will go far toward giving the ceremony a dignified and impressive character.10

Closely related to the procedure of oath-taking is that of opening the court. A number of the complaints against ineffective naturalization proceedings have arisen from the practice of wedging them in between arraignments, motions, and other unrelated activities. To prevent this appearance of routine and to give added character to the occasion, some judges hold special sessions for naturalization, going through the full ritual of opening the court, with all present standing.17 Judge George A. Welsh adds an invocation by a representative of one of the churches, and he—as well as several other judges also includes the advancing of the colors by members of the American Legion or other patriotic organization.

Judges Phillip Forman and John E. Miller make the presentation of the certificate of citizenship to each candidate a part of the regular ceremonial of the occasion.18 The former adds an accompanying handshake and a

15

'Judge W. Calvin Chesnut: "The clerk of our court is a very experienced official and the dignity and impressiveness of his final administration of the oath has been frequently favorably commented upon."

16

'Justice F. Dickinson Letts suggests that the oath be administered to each applicant individually; that the language of the oath might well be simplified; and that, prior to the naturalization ceremony, the applicant be taught not merely the oath but its meaning as well.

"Judge Arthur J. Tuttle: "I say keep naturalization a judicial proceeding in the courtroom and do it in a solemn way. There are two flags which stand every day at the opposite ends of my bench and they represent enough display. I do not think it needs any speeches by Governors or Mayors. ** *I want it all done by the regular officers of the court in the regular way and place. I shouldn't think of appearing before a naturalization class without wearing my robe and looking just as dignified as I know how to look. It does not matter how much work I have been doing that day; I always see to it that I come into the courtroom after those to be naturalized are seated in the room and with all my official family there. I caution them that I want the Clerk there. I want the Bailiff there to open court, and I want the representative of the naturalization office there to speak for his department. As stated, I have that done. Then I walk into the courtroom after everything is ready for the naturalization proceedings. The Bailiff opens court. There is a certain dignity and formality about the opening of court by our bailiff. He does it deliberately and solemnly."

"Judge Forman explains the mechanics of his smooth-running procedure as follows: “Although each group numbers an average of one hundred or more the mechanics of the program have been efficiently arranged prior to the time fixed for the ceremony. Special or contested cases have been called for an earlier hour and are disposed of so that those entitled to be admitted may join the class. Photographs and signatures are appended to the certificates and they are perfected just prior to the ceremony. Tedious delay is avoided in so far as possible by staggering the intervals at which applicants are invited to report. A second courtroom is used for the mechanical work

personal word of congratulation. Again, one is reminded of the friendly formalities of commencement time. Several judges mentioned the distribution of flags, pamphlet copies of the Constitution, or other specially prepared material, by representatives of patriotic organizations.19 At the close of the ceremony several of the judges arrange that all shall stand and pledge allegiance to the flag of the United States,20 and for the singing of the national anthem. Some use, and recommend the use of additional patriotic music. Some have permitted such departures from formal judicial procedure as radio-broadcasting of the naturalization program and recording for rebroadcasting.21 On the other hand, some cautioned against making the proceedings too spectacular 22 or overemphasizing the role of the judge. Here again we see the necessity of permitting local variation in order to secure the happy medium which accords with each judge's sense of propriety and dignity, while at the same time securing a maximum of effectiveness with the new citizens and in the community.

Where only very small courtrooms are available and when large classes of applicants are presented, it becomes a serious question whether the ceremony should not be held in some other building. The same problem has been faced by university authorities, who have in some instances constructed

and the applicant is finally ushered into our largest courtroom for the ceremony. All. this requires patient and tactful cooperation upon the part of the Clerk of the court and the naturalization department."

19 A good example is the pamphlet entitled "Americans All" by Raymond Pitcairn with a foreword by Justice Owen J. Roberts which reads: "This little book is a message to you, our newest fellow citizens, from us whose ancestors—some earlier, some later— followed the same path you have traveled, and to the same goal. That goal was a land of liberty under laws made by the people themselves. They and we have striven to keep it such. We welcome you as partners in this great enterprise."

"Judge Campbell E. Beaumont describes this part of the procedure as follows: "At the conclusion of the judge's remarks, he then announces that all present in the courtroom will stand and pledge allegiance to the flag of the United States. The judge leaves the bench, faces the United States flag and with the others gives the pledge of allegiance. It may be of interest to note just here that a large percentage of our new citizens know the pledge of allegiance. In many instances it appears that more of them know it than a group of 'old' citizens of like number casually assembled. In any event, those who respond do so with great spirit. The cloak of American citizenship seems to give them an emotional uplift, and it is quite impressive."

"Judge Xenophon Hicks: "In this connection I call attention to a procedure adopted by Judge Davies of the Middle District of Tennessee. He has on more than one occasion permitted the radio people to cooperate. They have taken the naturalization proceedings which after being edited by Judge Davies have been broadcast. The judge asked me what I thought about the practice and I saw no real reason to the contrary."

Judge Mac Swinford: "I believe that simple ceremony is the proper procedure. Many of the proposed new citizens are timid and self-conscious and many of them came to America, and certainly our country was founded by those who came here, to get away from hollow ceremony."

large halls for commencements and in others have held commencement exercises in stadia erected for athletic contests. Some of the more conservative university professors have resisted these developments just as some judges are disinclined to participate in ceremonies which are held elsewhere than in the courtroom and at other than regular court hours. While there are dangers present here, it is difficult to see how the purpose of the joint resolution can be accomplished-in some instances-unless such departures from the old conventions are permitted. Some of the judges have already done so. When the ceremony is performed, other than in a courtroom, every effort should be made to secure the courtroom atmosphere, both in the properties used and in the procedure followed. That this can be done is evidenced by presidential inaugurations at the Nation's Capitol, in a physical setting far removed from courtroom or other such facilities.

For similar reasons it may be wise to hold the naturalization session at some time other than during regular court hours. Justice F. Dickinson Letts recommends evening sessions. He contrasts hurried, daytime, perfunctory proceedings with more leisurely evening sessions. Of the former he says: "It is not uncommon to see applicants for citizenship appear in court for induction in their work clothes and frequently in shirt sleeves. It is possible that in such situations the applicant is relieved from his employment for the brief period necessary to attend the court sessions." In contrast he says of an evening session: "All of the applicants and their friends came dressed in their best apparel ... Before the convening and after adjournment there was a clustering about the courtroom engendering a spirit of fellowship." Another argument in favor of such evening sessions is that in this way a complete separation could be secured from the criminal court atmosphere and from other phases of court work which, while they may seem matter-of-course to lawyers and judges, are, perhaps, no more appropriate as background for naturalization ceremonies than they would be for a funeral service or a college commencement. Again, as suggested by Justice Letts, an evening session would make possible the attendance of friends, relatives, bar association groups and others, who are invited by some judges and who do attend naturalization ceremonies in some of the courts. Judge C. C. Wyche states that his sessions are usually attended by a great many citizens as well as by classes from the high schools. Judge Harry E. Watkins mentions attendance by the townspeople; Judge Grover M. Moscowitz invites students of the various colleges and high schools to attend and usually has fifty to sixty young men and women present accompanied by teachers and professors. From this group one of the students is selected to lead in pledging allegiance to the flag. Judge E. Marvin Underwood issues a general invitation to the public and special invitations to patriotic and civic groups; the names of those who represent such organizations are read aloud in open court, together with the offices

held by them. Judge Shackelford Miller's courtroom is usually well filled by such representatives together with the friends and relatives of candidates for citizenship.

These many valuable suggestions of the judges—inadequately reproduced as they are in this article-reveal clearly the importance of collecting such material in the office of the Administrative Director and distributing it from time to time, not only to federal judges but to those of the state courts as well. Proved experience of one judge may be much more valuable than a rule promulgated without regard to the customs and traditions of the locality. This, together with concerted action by the Conference of Senior Circuit Judges and the several Circuit Conferences would give the desired continuity. In conclusion it may be well to note that there is room for much greater activity by lawyers and bar associations. Perhaps consideration will be given to the subject by the war work committees of such asso-ciations, which have been recently established.