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absolutely and entirely renounces and abjures all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, and particularly by name to the prince, potentate, state, or sovereignty of which he was before a citizen or subject; that he will support and defend the Constitution and laws of the United States against all enemies, foreign and domestic, and bear true faith and allegiance to the same." (U. S. C., title 8, sec. 381.)
This provision of the naturalization law has not been changed since 1906.
So we find that from the naturalization act of 1795 to the act of 1906, there was no requirement that the applicant take an oath to defend the Constitution and laws of the United States against all enemies. Only since 1906 has there been such a provision. And from 1906 to 1918, no attempt was made by the courts to interpret the word defend to mean physical defense. No case involv. ing this point reached the Supreme Court of the United States until 1929, when that court passed on the Schwimmer case. Since the court in that case de. cided that “ defend the Constitution and laws against all enemies" meant defend by force of arms if necessary, a large number of organizations and individuals who are pacifists on religious or philosophical grounds are looking to Congress to amend the naturalization act by making it clear that it is not the intention of Congress to bar from citizenship aliens who share the nonresistance ideas of Jesus Christ, William Penn, and Leo Tolstoi.
Since the Constitution of the United States does not require Congress to exact any oath whatsoever from an applicant for citizenship, and since the word defend has been in the oath of allegiance only since 1906, it ought to be clear that the Griffin bill, if enacted by Congress, would be constitutional.
That some such legislation is necessary should be apparent from a review of the naturalization cases decided since the Schwimmer case in which highly desirable applicants have been debarred from citizenship. The flagrant case of Reverend King, who was denied citizenship by a Louisiana State court, will be referred to by other speakers.
This committee can lend its weight to preserving the old-fashioned ideal of liberty of conscience by recommending the passage of the Griffin bill with full confidence that the bill is constitutional.
PROMINENT CITIZENS INDORSING THE GRIFFIN BILL
Prof. Harry Elmer Barnes, professor at Smith College.
Rev. Bernard Iddings Bell, warden of St. Stephen's College.
Miss Katherine Devereaux Blake, officer of Women's International League for Peace and Freedom.
Mrs. Harriot Stanton Blatch, suffrage.
Mrs. lliam Thayer Brown, recently resigned from Daughters of the American Revolution.
Rev. S. Parkes Cadman, Central Congregational Church, Brooklyn.
Prof. Zechariah Chaffee, jr., Harvard Law School.
Rev. Henry Sloane Coffin, president Union Theological Seminary.
Mary Ware Dennett, birth control.
Dorothy Canfield Fisher, novelist.
Arthur Garfield Hays, attorney.
Rev. John Haynes Holmes, Community Church, New York.
Fannie Hurst, novelist.
Mrs. Marietta Johnson, educator.
Dr. George W. Kirchwey, former warden of Sing Sing.
Julia C. Lathrop, former head of Government's Children's Bureau.
Anne Martin, suffragist.
Helen R. Martin, novelist.
Willy Pogany, artist.
Don Seitz, former editor of the New York World.
Prof. James T. Shotwell, Carnegie Endowment for World Peace.
Prof. F. W. Taussig, Harvard University.
Ridgely Torrence, author.
Miss Lillian D. Wald, Henry Street settlement.
Dr. Harry F. Ward, Union Theological Seminary.
Mary E. Woolley, president of Mount Holyoke College.
Elinor Byrne, counsellor at law, 21 East Forty-second Street, New York City.
Tom Okawara, attorney, 638 East Street, Fresno, Calif.
Edward Thomas, patent attorney, Woolworth Building, New York City.
Benjamin Doane, appellate division, supreme court, 25 Madison Avenue,
New York City.
Abraham Underhill, Ossining, N. Y.
Clemens Gerhard, Detroit United Lines, 616 East Bethune, Detroit, Mich.
Henry Ware Allen, 603 Brown Building, Wichita, Kans.
H. J. Hahn, 23 Calumet Street, Buffalo, N. Y.
W. C. Ennis, president Earlham College, Richmond, Ind.
Dr. O. 0. Miller, Akron, Pa.
Rev. Francis McConnell, 150 Fifth Avenue, New York City.
Salmon 0. Levinson, author of the Kellogg peace pact, 134 South La Salle
Street, Chicago, Ill.
C. Billings, Long Beach, Calif.
Miss Grace A. Woods, 1301 Henry Street, Berkelely, Calif.
Charlotte Himor, 1034 West Vernon Avenue, Los Angeles, Calif.
William Pestor, 335 East Valerio Street, Santa Barbara, Calif.
Erwin T. Mohne, department of German, Un ersity of Southern California,
Los Angeles, Calif.
B. L. Wick, Esq., attorney at law, Cedar Rapids, Iowa.
Clemens Gerhard, 616 East Bethune Street, Detroit, Mich.
George R. Taylor, department of economics, Amherst College, Amherst, Mass.
Mr. and Mrs. Edwin D. Mead, 19 Euston Street, Brookline, Mass.
C. L. Babcock, 298 Piermont Avenue, Nyack, N. Y.
C. Boasi, 39 Pearl Street, New York City.
J. P. J. Williams, 223 Second Avenue, New York City.
Morris C. Cohen, City College, New York City.
Helen G. Sahhe, 1088 Park Avenue, New York City.
Rev. S. Parkes Cadman, Brooklyn, N. Y.
Hermann E. Cohen, Charlotte, N. C.
Everett T. Whitford, principal Public School No. 6, Paterson, N. J.
Della B. Stokes, 1033 New York Avenue, Cape May, N. J.
E. L. Malone, 10 Brookside Road, Maplewood, N. J.
M. T. Horne, 944 Stiles Street, Warren, Ohio.
Caroline C. Warren, 432 West Stafford Street, Germantown, Pa.
L. J. Eddy, Honesdale, Pa.
Mrs. F. B. Igley, 4007 Baltimore Avenue, Philadelphia, Pa.
Anna G. J. Grimshaw, 121 Woodland Avenue, Malvern, Pa.
Mrs. J. Barnard Walton, 115 Ogden Avenue, Swarthmore, Pa.
Laura E. Johnson, 120 North Union Street, Kenneth Square, Pa.
Emily C. P. Longstreet, 5420 Pulaski Avenue, Germantown, Pa.
Beulah E. Cope, 1532 Gratz Street, Philadelphia, Pa.
Lucy S. Holland, 338 South Twenty-first Street, Philadelphia, Pa.
Mrs. Walter F. Price, Moylan, Pa.
Miss Bertha L. Stover, 31 Westview Street, Mount Airy, Pa.
Katherine E. Kirk, Pennsdale, Pa.
I am in sympathy with the Griffin bill for amending the naturalization laws, which reads: "*
except that no person mentally, morally, and otherwise qualified shall be debarred from citizenship by reason of his or her religious beliefs or philosophical opinions with respect to the lawfulness of war as a means of settling international disputes."
I therefore urge that the House Committee on Naturalization and Immigra tion grant the Griffin bill an immediate hearing.
Lola M. Lloyd, 455 Birch Street, Winnetka, Ill.
Mrs. H. B. Thomas, 6530 University Avenue, Chicago.
Mrs. M. E. Simpson, 1516 North State Parkway, Chicago.
Mrs. Ellen Williston, 5423 Kimbark, Chicago.
Valley Nelson, 5423 Kimbark, Chicago.
Ella D. Weage, 5504 Greenwood Avenue, Chicago.
Louis L. Wilson, 5757 University Avenue, Chicago.
Victor Siverts, 5757 University Avenue, Chicago.
N. G. Baxter, 6140 Greenwood Avenue, Chicago.
J. 0. Mayne, 5757 University Avenue, Chicago.
Hans E. Regier, 5757 University Avenue, Chicago.
Peter J. Jansen, 5757 University Avenue, Chicago.
Reginald H. Huffer, 5757 University Avenue, Chicago,
Jacob M. Workenton, 5757 University Avenue, Chicago.
Edwin R. Howard, 5757 University Avenue, Chicago.
William M. McGuire, 6121 Greenwood Avenue, Chicago.
Fred Hyslop, 315 South East Street, Janesville, Wis.
Harry Nicholson, 5757 University Avenue, Chicago,
W. H. Upton, 5757 University Avenue, Chicago.
G. D. Wigfield, 5757 University Avenue, Chicago.
Emmerson W. Harris, 5757 University Avenue, Chicago.
Millard H. Marshall, 5757 University Avenue, Chicago.
Vernon W. Rise, 5757 University Avenue, Chicago.
Robert Rasche, 5757 University Avenue, Chicago.
A. D. Weage.
W. C. Giersbach.
Joseph F. King.
C. Franklin Parker.
Eve Watson Schulze, 1330 East Fifty-six Street, Chicago, Ill.
Alice Boynton, 211 East Ontario Street, Chicago.
Florence Tye Jennison, 800 South Halsted Street, Chicago.
Emma M. James, 1036 North Dearborn Street, Chicago.
Elisabeth Thortnon, 1400 Lake Shore Drive, Chicago.
Grace M. Pebbles, 403 Forest Avenue, Oak Park, III.
Mary Akers, 1936 North Clark Street, Chicago, Ill.
May Estelle Cook, 715 North Kenilworth Avenue, Oak Park.
Jane H. Smeeth, 424 North Kenilworth Avenue, Oak Park.
Elisabeth Tolle, 10561 Longwood Drive, Chicago.
Alice H. Scott, 4549 Clifton Avenue, Chicago.
Martha Trimble, 203 North Wabash Road, Chicago.
Rose D. Mann, 4907 North Sawyer Avenue, Chicago.
Sadie M. Brown, 3039 Argyle Street, Chicago.
Jennie Gollns, 4957 B, Sawyer Avenue, Chicago.
Florence L. Grant, 908 Chicago Avenue, Oak Park, Ill.
L. Danielson, 2711 Wesley Avenue, Berwyn, Ill.
Dagney A. Mittler, 2711 Wesley Avenue, Berwyn, Ill.
Florence Healy, 228 North Elmwood Avenue, Oak Park.
Ruth Seymour, 228 North Elmwood Avenue, Oak Park.
Luella W. Flitcraft. 633 Maple Avenue, Oak Park.
Helen Rosenfels, 333 Linden Avenue, Oak Park.
Rosa K. Eichelberger, 1036 North Dearborn Street, Chicago.
Florence Holbrook, 6136 Dorchester Avenue, Chicago.
Agnes Jacques, 5480 Cornell Avenue, Chicago.
Charlotte Weinreb, 5426 East View Park, Chicago.
Sophie S. Gebling, Hotel Georgian, Evnston, Ill.
Alida Leeto, 1706 East Fifty-sixth Street, Chicago.
Doris E. Steen, 934 East Fifty-sixth Street, Chicago.
Ida Wallbracht, 656 Wrightwood Avenue, Chicago.
Marie Berezniak, 491 Roslyn Place, Chicago.
Amelia Jonas, 7110 East Fifty-second Street, Chicago.
A. Esther Camfield, 535 Lakewood Avenue, Chicago.
Minnie B. Levy, 2052 East Seventy-second Place, Chicago.
Blanche Goodman Eisendrath, 2322 Commonwealth Avenue, Chicago.
Jean A. Blake. 1014 East Sixty-eighth Street, Chicago.
Eda S. Beck, 525 Arlington Place, Chicago.
Mary G. Vega, 4505 North Troy Street, Chicago.
Marie V. Goodrich, 2749 Windsor Avenue, Chicago.
Margaret Bainbrick, 18 North Lotus Avenue, Chicago.
Julia I. Felsenthal, 5327 Cornell Avenue, Chicago.
Tecla Reinhold Rosenbaum, 5330 Hyde Park Boulevard, Chicago.
Rose I. Sussnnac, 1623 Hyde Park Avenue, Chicago.
Selma Binder, 2747 Hampden Court, Chicago.
Mary G. Schroeder, 6723 North Ashland Avenue, Chicago,
Lillian Vent, 6200 Kenwood Avenue, Chicago, Ill.
Hope W. Graham, 824 Lawrence Avenue, Chicago, Ill.
Mrs. G. L. Robinson, 2312 North Halsted Street, Chicago, Ill.
Mrs. J. 0. Rydstrone, 3 Park Lane, Glenview, Ill.
Harriet C. Goeberde, 624 South Michigan Boulevard, Chicago, Ill.
Beatrice Howes, 852 Chalmers Place, Chicago, Ill.
Mrs. 0. R. Sellers, 846 Chalmers Place, Chicago, Ill.
Mrs. W. M. Dawes, 5343 Wayne Avenue, Chicago, Ill.
Mary H. Damerer, 5415 Ellis Avenue, Chicago, Ill.
Ann E. Kidd, 1511 East Sixty-fifth Place, Chicago, Ill.
Martha C. Damires, 5415 Ellis Avenue, Chicago, Ill.
Alice Prince Miller, 179 East Chestnut Street, Chicago, Ill.
Reigh A. Utley, 1130 East Sixty-fifth Street, Chicago, Ill.
Hazel E. Foster, 815 Belden Avenue, Chicago, Ill.
Rosalie E. Levin, 7859 South Shore Drive, Chicago, Ill.
Henrietta Palmer, 425 Oakdale Avenue, Chicago, Ill.
Mrs. J. Rahek, 3609 Monticello Avenue, Chicago, Ill.
Mrs. H. Johnson, 4907 North Karlan Avenue, Chicago, Ill.
Mrs. N. H. Webster, 6151 Kimbark Avenue, Chicago, Ill.
Jean Manson, 6200 Kenwood Avenue, Chicago, Illl.
Edith S. Hibbard, 6200 Kenwood Avenue, Chicago, III.
Caroline Schaff, 2842 Aberdeen Road, Chicago, Ill.
Anna K. Hulburd, Ravinia, Ill.
Mrs. Harry Meyering, 3750 Sheridan Road, Chicago, Ill.
Mrs. T. V. Smith, 1321 East Fifty-sixth Street, Chicago, Ill.
Mrs. Ida S. Rankall, 38 East Schiller Street, Chicago, Ill.
Flora Kaplan, 5320 Dorchester Avenue, Chicago, Ill.
Mariel L. Balch, 7030 Stewart Avenue, Chicago, Ill.
Anna E. Gilbert, 7110 Eggleston Avenue, Chicago, Ill.
Mary McW. Marsh, 5620 Woodlawn Avenue, Chicago, Ill.
Maria Bacon (Mrs. C. G.), 2333 Cleveland Avenue, Chicago, Ill.
Hanna Pichler, 2333 Cleveland Avenue, Chicago, Ill.
Henry C. Allen, Olin Hotel, Denver, Colo.
Clara B. Adolf, Winter Park, Fla.
Rev. George B. Badger, First Unitarian Church, Orlando, Fla.
Mrs. Helen Tufts Bailie, Boston division, Griffin bill committee.
Zona Gale Breese, Hotel Raul, Portage, Wis.
Edwin L. Clark, professor of sociology, Rollins College, Florida.
Charles E. Clare, dean, Law School, Yale University.
Durant Drake, professor of ethics, Vassar College, New York.
Elmer Davis, 90 Morningside Drive, New York City.
William Floyd, Peace Patriots, 114 East Thirty-first Street, New York City.
Elaine Goodale Eastman, 23 Kensington Avenue, Northampton, Mass.
James Gifford, assistant to the dean, Columbia University, New York City.
Carolyn Heine, Rollins College, Winter Park, Fla.
Milton Handler, assistant professor law, Columbia University, New York City.
S. Ralph Harlow, Smith College, Northampton, Mass.
John Hanna, professor, law school, Columbia University, New York City.
Hornell Hart, professor, Bryn Mawr College, Pennsylvania.
Fannie Hurst (telegram), New York City.
Robert L. Hale, Law School, Columbia University.
Bishop Paul Jones, college pastor, Antioch College, Ohio.
Dudley Field Malone, New York City.
John Martin, Winter Park, Fla.
Harold Marshall, The Christian Leader, Boston, Mass.
Prof. Will S. Monroe, Crouching Lion Farm, Waterbury, Vt.
W. A. Neilson, president, Smith College, Massachusetts.
Elmer Rice, Hotel Ansonia, New York City.
Benjamin Rockwell, 100 William Street, New York City.
Jessie Woodrow Sayre, Massachusetts.
Eugene R. Shippen, Winter Park, Fla.
Edward Thomas, Esq., Woolworth Building, New York City.
Oswald Garrison Villard, editor The Nation, New York City.
Dr. Mary E. Wooley, dean Mount Holyoke College, Massachusetts.
Mrs. Lola Maverick Lloyd, Winnetka, Ill. (At present Paris, France.) (Statement sent from Paris).
Miss Emily Mars, 225 Broadway, New York City.
Mrs. Helen Tufts Bailie, Cambridge, Mass.
EDITORIALS AND Press NOTICES
(Brooklyn Times, May 31, 1929]
Because of larger problems before Congress there is little likelihood of the enactment of a bill introduced by Congressman Griffin of this city which seeks to amend the law governing naturalization so as to permit the conferring of suffrage on pacifists whose consciences revolt at the notion of war. The issue. grave and important a dozen years ago, bad grown more or less out of popular recollection until it was revived by the decision of the United States Supreme Court in the case of Mrs. Rosika Schwimmer. She had been an alien resident of Illinois for eight years and sought citizenship. In answer to a question froni the court she declared she would not take up arms in defense of the country in the event of war. The United States Supreme Court, by a 6 to 3 vote, declared her ineligible to citizenship. Mr. Griffin's bill would amend the naturalization law to the effect that no person otherwise eligible “ shall be debarred from citizenship by reason of his or her religious beliefs or philsophical opinions with respect to the lawfulness of war."
As pointed out by Justice Holmes, of the United States Supreme Court, one of the dissentients, the case against Mrs. Schwimmer lies equally against Quakers, but no one has had the hardihood to propose that these estimable citizens be disfranchised because of their views on war.
Justice Holmes was a gallant soldier in the Civil War. Congressman Griffin headed a company that saw good service in the Spanish-American conflict. On the ancient principle of being more royalist than the king, our fiercest militarists never set a squadron in the field, and, indeed, conduct all their operations on the typewriter in the cloistered seclusion of an office.
[The Washington Daily News, March 11, 1930)
HOOVER'S GRAVE RESPONSIBILITY
No greater responsibility is given it President of the Unitel States in peace time than the appointment of justices of the United States Supreme Court. In the case of President Hoover the responsibility is all the greater because of the probability that his appointees will constitute a majority of the court. Coolidge appointed only one; Hoover may appoint five.
In the sudden naming of Charles Evans Hughes to succeed William Howard Taft as Chief Justice, the President stirred up an unexpected opposition in the country. That opposition was reflected immediately in the Senate, which conducted an historic though unsuccessful fight against Hughes as a lawyer more concerned with corporate interests than with the public interest.
Now Hoover must name à successor to Justice Sanford, who died Saturday.
It is clear that the next nomination will be examined with unusual care both by the country and by the Senate. The Senate debate last month, and the wide publicity given that discussion, assures another similar debate on the powers of the court as well as on the fitness of the nominee. That is as it should be.
For two reasons. First, because the court has become the most powerful of our Federal institutions. Second, because it has become a policy-making agency in which members vote their opinions on economic issues.
Through its assumed power to declare laws of Congress unconstitutional and through its occasional abuse of that power, the court can and does defeat the purposes of popular representative government. The court by a 5 to 4 majority can and does set aside the very Constitution itself-or what has always been interpreted as the constitutional guarantees of civil liberties-as when the court majority violated the Bill of Rights in the decisions in the Schwimmer citizenship case and the Seattle wire-tapping case.
In cases involving economic issues the court can and does go far beyond either the Constitution or the laws of Congress to create a new law of its own from which there is no appeal as in the recent Baltimore street-car fare decision, supporting the company and its inflated valuations in violation of public rights.