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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.29 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. 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


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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.”

10 A good example is the pamphlet entitled "Americans All” by Raymond Pitcaim 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 laterfollowed 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."

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large halls for commencements and in others have held commencement exercises in stadia erected for athletic contests. Some of the more conserve ative 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

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 associations, which have been recently established.

Chapter 6

Excerpts from



Oh! say can you see by the dawn's early light,

What so proudly we hail'd at the twilight's last gleaming,
Whose broad stripes and bright stars, through the perilous fight,
O'er the ramparts we watched were so gallantly streaming?

And the rocket's red glare, the bombs bursting in air,

Gave proof through the night that our flag was still there!
Oh!-say, does that star-spangled banner yet wave
O'er the land of the free and the home of the brave?

(Written by Francis Scott Key, a Baltimore lawyer, in 1814. Under a flag of truce, Key and the United States agent for the parole of prisoners went on a United States vessel to the British fleet near Fort McHenry, Baltimore, Maryland, to intercede for an American friend who was being held as prisoner by the British. During the mission, the British began their attack upon Fort McHenry. The American vessel was detained, and Key witnessed the bombardment all through the night. On the following morning, September 14, 1814, he saw the Stars and Stripes still flying over the fort. In a spirit of thanksgiving and joy he was inspired to write the words of the “Star Spangled Banner.” It is reported that he wrote some of the lines and brief notes on the back of a letter which he carried in his pocket. He finished the poem as he returned to Baltimore that night. It was printed immediately, hailed with enthusiasm, and took its place as our national song.)


My country! 'tis of thee,
Sweet land of liberty,
Of thee I sing:
Land where my fathers died!
Land of the Pilgrim's pride!
From every mountain side,
Let freedom ring.

(Written by Reverend Samuel F. Smith, Boston minister, in February 1832. While a student at Andover, Rev. Smith was assigned to translate some German songs. Later he wrote "I came across the air, 'God Save the King.' I liked the music. I glanced at the German words at the foot of the page. Under the inspiration of the moment I went to work and in half an hour 'America' was the result ... I did not know, at the time, that

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