the Constitution of the United States, does not that obligation carry the duty of rendering military service when it is required?

Mr. SMITH. It carries every duty that is specified, it makes no difference what it is.

Mr. VAILE. There is no objection to making a specific declaration to that effect in our naturalization proceedings, is there?

Mr. SMITH. No, sir.

The CHAIRMAN. I wish you would put in the record, as a part of your statement, any figures you have with regard to your business.

Mr. SMITH. I have them here.

The CHAIRMAN. We will not take the time now to hear them, but you insert them in the record.

Foregoing work accomplished by the chief examiner and four experienced and two inexperienced examiners and one clerk-stenographer.

Under authority granted by the committee, I am submitting some additional suggestions representing the views of myself and examiners in the Seattle district as to some of the matters embodied in this bill and what, in our judgment, the law should provide, with a view to securing legislation that will clarify the law as it is and at the same time not weaken it.

As a matter of policy, I am in favor of the registration of all aliens and a payment therefor on the part of the alien of a reasonable fee. Such fee, however, should not, in my judgment, be one that will bar a person of limited means from perfecting his naturalization. The fees prescribed in this bill, in my judgment, are too high. I am opposed to anything being in the law that will authorize the execution of a declaration or petition before a naturalization examiner. I deem it especially important that those papers be required to be sworn to in the office of the clerk of the court by the clerk or his deputy. A

proposition to authorize a naturalization examiner to go out and swear aliens to declarations and petitions, either or both, collect the fees therefor, then go to the office of the clerk of the court and file the same is fraught with no little danger. I can see in the administration of the naturalization law along these lines an opening for no little fraud and imposition on the alien by unscrupulous and dishonest persons, who would go amongst the ignorant. foreigners, represent themselves as naturalization examiners, make promises for the quick and easy naturalization of these foreigners, and thereby collect money from the aliens under the guise of being a Government officer, and aside from that it is my firm belief that naturalization papers should be sworn to only before an authorized court official, namely, the clerk or his deputy.

It is universally known now that the office of the clerk of the court is the place where naturalization papers are sworn to and that place is usually where it is most convenient for the greatest number of people, and I do not think that the naturalization officer should have the authority to swear aliens to petitions and declarations. I desire to say that reasonable naturalization facilities should be afforded every alien that when he takes the first step toward naturalization we should assist him by advice and counsel and kindly treatment, letting his understand that he is seeking a privilege and an honor, the greatest within the gift of our country, and that this privilege being valuable should be worth while; that he should be willing to put himself to trouble and expense, if need be under peculiar conditions, to attain that honor. I am opposed to any action on the part of the Government or its representatives that would lead the alien to believe that we are forcing him to become a citizen, and also I think care should be exercised that nothing should be embodied in the law that would leave the inference on the part of any alien that he can secure citizenship merely by paying for it. There is a provision in this proposed law that leaves it within the discretion of the director of citizenship to waive the two years' requirements of a declaration of intention after making a new one when the old declaration has expired, by paying five annual registration fees, permitting the alien to file his petition and be naturalized. This seems to me to be susceptible of producing the feeling on the part of an alien that one fortunate enough to have funds may be naturalized, where an equally worthy alien without funds must wait two years more before proceeding with his naturalization. It is specifically stated in the law that the declaration must be at least two years old before it is filed as a basis for a petition, yet it is proposed to allow an executive officer to set aside that explicit provision of law if the alien happens to be willing and able to pay the fees.

With reference to the question of derivative citizenship, that is the citizenship under the present law of minor children of a naturalized alien, it is my view that section 2172 should be repealed and that every minor child of an alien would proceed with his naturalization as in the case of any other alien; that no provision should be made for him taking advantage of his father's declaration or in any manner being naturalized excepting upon the making of a formal declaration by him, which can be done at the age of 18, and then proceeding with his own naturalization when he attains the age of 21 years. I see no reason why this should not be the law. He should not secure citizenship through his father without being required to come into court and his character inquired into and eventually taking the oath of allegiance as is required of other aliens.

I should like to see the law define what “ judicial district " means in the administration of the naturalization law. Shall it be confined in area to the county or any county within the judicial district? In my judgment an alien should file his petition in the court of the county of which he is a bona fide resident. This question often arises in the administration of the present law.

In my judgment, the procedure in naturalization matters should be defined. It is Federal. State courts while acting as naturalization courts, or in connection with any matter wherein the petition for naturalization is the basis for the action, should be bound by Federal rules of practice and procedure. Without this there would be no uniformity.

The CHAIRMAN. The committee thanks you for your statement.

Mr. SMITH. Before you adjourn, will you permit me to submit in connection with my statement two resolutions that I have in my hand? One is from the Seattle Post, American, Legion, No. 18, and the other is from Rainier Noble Post, No. 1, of the American Legion, both being strong posts in numbers and honorable personnel. These resolutions have reference to the question of amending the naturalization laws, and with your permission I will read them;

Whereas it is generally rumored that the Committee on Immigration of the House of Representatives of the United States Congress is considering certain proposed legislation changing or modifying the present law with reference to the naturalization of aliens or the qualifications of aliens to become citizens of the United States; and

Whereas it is the universal feeling of members of Seattle Post, American Legion, No. 18. that the present laws regulating naturalization of aliens and determining their qualification should under no circumstances be changed so as to lessen the qualifications of aliens, but that the present requirements should be made more stringent, particularly in the manner hereinafter referred to: Therefore be it

Resolved by Seattle Post, American Legion, No. 18, That we do urge upon the members of the Immigration Committee of the House of Representatives of the United States and upon the congressional delegation of the State of Washington that if any change be made in the present naturalization laws of the United States of Amer.ca that such change be in the direction of raising the qualifications of citizenship and making such laws more strict and rigid; be it further

Resolved, That we believe the law should be changed so as to provide that any man who at any time claimed exemption from military service in the Army or Navy of the United States on account of not being a citizen of the United States be forever barred from becoming a citizen of the United States; and further that all aliens within the United States be required to register before some designated officer of the United States within a required time after the enactment of such a law or the entry of such alien within the country and to reregister periodically until such time as said alien shall have become a citizen of the United States by naturalization, if qualified to become a citizen, and in the event that an alien is disqualified to become a citizen or fals to take advantage of the naturalization laws within a definite specified period that such alien be deported, commercial or diplomatic representatives of all nations, their agents, attachés, or employees being exempt from the effects of such act.

Adopted by unanimous vote of all the members of the post present at this regular meeting this 7th day of October, 1921.

Attest:

SEATTLE, WASH., October 7, 1921.

GEO. S. KAHIN, Post Commander.
C. W. ARDERY, Post Adjutant.

Whereas it is generally rumored that the Committee on Immigration and Naturalization of the House of Representatives of the United States Congress is considering certain proposed legislation changing or modifying the present law with reference to the naturalization of aliens or the qualifications of aliens to become citizens of the United States; and

Whereas it is the universal feeling of members of Rainier Noble Post, No. 1, of the American Legion, that the present laws regulating naturalization of aliens and determining their qualifications should under no circumstances be changed so as to lessen the qualifications of aliens, but that the present requirements should be made more stringent, particularly in the manner hereinafter referred to: Therefore be it

Resolved, by Rainier Noble Post, No. 1, of the American Legion, That we do urge upon the members of the Immigration and Naturalization Committee of the House of Representatives of the United States and upon the congressional delegation of the State of Washington that if any change be made in the present naturalization laws of the United States of America that such change be in the direction of raising the qualifications of citizenship and making such laws more strict and rigid; be it further

Resolved, That we are in favor of changes in the present naturalization law whereby aliens otherwise eligible to citizenship who were resident within the United States of America and who joined the military forces of their native country, which was one of the powers allied or associated with the United States of America in the recent war with Germany, and after the war such aliens returned to the United States of America, returning to America and thereafter seeking naturalization, may receive credit for the time they actually served in the military forces of one of the powers allied or associated with 76405-21-SER 10- -11

America in the said war in computing the time they should have lived within the United States in order to be qualified to become citizens; be it further

Resolved, That we are in favor of permitting all men who served in the military forces of this country in the recent war with Germany who are otherwise qualified and fit to become citizens, to become citizens regardless of whether or not they were citizens or subjects of nations with whom we were at war, but we are opposed to that provision in the present act whereby it is provided that citizens or subjects of nations with whom we were at war who claimed exemption from military service " solely" on account of their noncitizenship should be ineligible to naturalization, but we believe that any citizen of any nation with whom we were at war who claimed exemption from military service on any grounds whatsoever should be forever disbarred from naturalization as an American citizen.

Adopted by unanimous vote of all the members of the post present at this regular meeting this 10th day of October, 1921.

Attest:

SEATTLE, WASH., October 10, 1921.

CHARLES H. PAUL, Post Commander.

GEORGE E. FLOOD, Post Adjutant.

Whereas it is generally rumored that the Committee on Immigration and Naturalization of the House of Representatives of the United States Congress is considering certain proposed legislation, changing or modifying the present law with reference to the naturalization of aliens or the qualification of aliens to become citizens of the United States; and Whereas the universal feeling of members of Roosevelt Post, No. 24, Veterans of Foreign Wars, is that the present laws regulating naturalization of aliens and determining their qualifications should under no circumstances be changed so as to lessen the qualifications of aliens, but rather that the present requirements should be made more stringent, particularly in the manner hereinafter referred to: Therefore be it

Resolved by Roosevelt Post, No. 24, Veterans of Foreign Wars, That we do urge upon the members of the Immigration and Naturalization Committee of the House of Representatives of the United States and upon the congressional delegation of the State of Washington that if any change be made in the present naturalization laws of the United States of America that such change be in the direction of raising the qualifications of citizenship and making such laws more strict and rigid; be it further

Resolved, That we are in favor of changes in the present naturalization law whereby aliens who were resident within the United States of America, and who joined the military forces of their native country, which was one of the powers allied or associated with the United States of America in the recent war with Germany, and after the war such aliens returned to the United States of America and thereafter sought naturalization, may receive credit for the time they actually served in the military forces of one of the powers allied or associated with America in the said war in computing the time they should have lived within the United States in order to be qualified to become citizens; be it further

66

Resolved, That we are opposed to the wording of the proposed act as follows: That citizens or subjects of nations with whom we were at war, who claimed exemption from military service solely on account of their noncitizenship, should be ineligible to naturalization," but that we believe any citizen of any nation with whom we were at war, who claimed exemption from military service in these United States of America on any grounds whatsoever, should be "forever disbarred from naturalization as an American citizen;" be it further

Resolved, That we are opposed to extending the privileges of naturalization to any alien who resided in these United States during the war who did not actually serve with our colors, but we are in favor of permitting all men who were qualified to become citizens at that time, and who did actually serve with our colors, to become citizens.

Adopted by unanimous vote of all the members of the post present at this regular meeting this 11th day of October, 1921.

Attest:

SEATTLE, WASH., October 11, 1921.

W. C. NEWLOVE, Post Commander.

J. MCATTLEY, Post Adjutant.

The CHAIRMAN. Representative Fess, of Ohio, has sent in a letter addressed to him by Judge Squiers, of the Supreme Court of the State of New York, as follows:

SUPREME COURT OF THE STATE OF NEW YORK,

Hon. SIMEON D. FESS,

JUSTICES' CHAMBERS,

Brooklyn, N. Y., October 13, 1921.

House of Representatives, Washington, D. C. MY DEAR CONGRESSMAN FESS: I wish to express to you personally and on behalf of the chamber of commerce our keen appreciation of your masterly, informative, and convincing address delivered at the luncheon last Saturday. It made a very deep impression and will have a dec dedly helpful effect in the minds of the community.

What would you think of taking up for consideration the question of establishing a uniform method for the naturalization of c tizens? I refer to the occasion when the applicant comes before the court for his final papers. For the most part they are gathered together like a lot of cattle in a room, several hundred at a time, and overflowing into the hallway. I am sorry to say that many judges pass them at the rate of one or more a minute.

There is not the slightest feature in the occasion to impress them with the solemnity of the occasion, and I venture to say makes no more impression on the applicant than the purchase of a package of cigarettes. In fact, I have thought in many cases that the impression would be such as to give them, instead of a respect for the law and the institutions of the country, an aversion. I have same ideas of my own which I try to carry out when naturalizing. It has been my custom not to permit more than 100 to be put on the calendar for one day, and at the end of the day I have addressed those who have been admitted upon the meaning of citizenship, its privileges and obligations, and an outline of our form and theory of government, and the duty of absolute and undivided allegiance. It seems to me that the occasion to the applicant should be so impressive that he will never forget it and that it will stand out in his memory not only as a pleasant occasion but an impressive one.

I feel quite sure that under our present system of natural zing that many are admitted to citizenship who never should have been, and many who become citizens in order that they may oppose our institutions and laws and push the propaganda for radical changes under the blanket and protection of being citizens.

I think this matter is not unimportant and a matter which might very well be considered by Congress. As it is now the courts will never agree upon a uniform method, and the applicants for citizenship will continue to be run through the hopper as corn is run through the mill. With warm regards, I am,

Yours, sincerely,

ARNON L. SQUIERS.

STATEMENT OF MR. ORAN T. MOORE, CHIEF NATURALIZATION EXAMINER, FOURTH DISTRICT, WASHINGTON, D. C.

Mr. VAILE. State your name, Mr. Moore.

Mr. MOORE. Oran T. Moore. I am the chief naturalization examiner for the district comprising the Coast and Gulf States from Maryland to Texas, inclusive, the State of Tennessee, and Porto Rico, with the exception of four coun-、 ties in Maryland and one county in Tennessee. I have two substations-New Orleans, La., and San Antonio, Tex., with an examiner in charge of each.

Mr. VAILE. Give us the benefit of your views briefly or in extenso, as you prefer.

Mr. MOORE. It seems to me that my colleagues have made a rather exhaustive outline of the present naturalization procedure and a general discussion of the proposed law under consideration. I wish to go on record as approving the general outline of this proposed enactment, particularly with regard to Americanization; the registration feature, even so far as to make it a general registration, if possible; changing the method of handling depositions; that is, to the extent of permitting depositions in the States within which the application is filed; and also to leave it discretionary with the court, by arrangement with the department, to waive the appearance of witnesses at a final hearing, where the preliminary investigation has been satisfactory.