as a likely cause for war in the near | thinly populated countries Italian future General Maurice indicated emigrants must be grouped together when he said that it was "extremely and remain Italian citizens. Profesimprobable that there would be a sor East in effect held that the world general European war within the next was under no such obligation to Italy, twenty years." The only barrier to contending that the solution lay in such a conflict which he was prepared the exercise of birth control. Proto cite was the general desire in Eu- fessor East used such vigorous lanrope to avoid another war, a desire guage in driving home his point that which possibly may be said to have Count Cippico was offended and debecome vocalized in the more recent clined to discuss the matter with him. Locarno Pact. Admiral Huse of the Dr. Garfield also took cognizance of United States Navy declared that the incident to the extent of defendthere was no point in discussing limi-ing the Italian immigrant in this tation of armaments so long as there country, his usefulness, etc., as a lawere many economic causes for con-borer and a farmer. In some quarters fict. The subject of General Mau- Dr. Garfield's observations were interrice's Round Table proved in fact to preted as a rebuke to Professor East. be one of the most controversial topics discussed at Williamstown, but it served to emphasize the principle note sounded at the Institute, which was the desire of all peoples and all nations to maintain peace or at any rate to seek the means for maintaining peace.

Endowment.-Taken as a whole the fifth annual session of the Institute was marked by the utmost harmony and a most fruitful interchange of views between a widely diverse group of spokesmen. The usefulness of the Institute in fact was so clearly demonstrated that immediately following Population and Immigration.-The its close preparations were begun to population and immigration question raise $1,000,000, to be used as a perengaged much of the interest of the manent endowment for the Institute. members and the leaders of the In- Heretofore the Institute has been supstitute. An episode arising out of ported from year to year mainly by this interest was the spirited issue individual support. This year that which arose between Count Cippico support was derived from Bernard M. and Professor East concerning the so- Baruch, the Carnegie Foundation and lution of Italy's excess population the General Educational Board. problem. Count Cippico drew the fire Plans were still in the making for of Professor East's criticism by stat-this undertaking when the year ing that one of two things must be closed. The Institute had already done to help Italy provide for her been provided for financially for anexcess population: that colonial ter- other two years. It is expected that ritories should be given to Italy the endowment enterprise will be where her people can settle under the well developed before the next session Italian flag, or that in foreign and of the Institute.

SELECT REFERENCES ON INTERNATIONAL RELATIONS

BY PARKER T. MOON
PROFESSOR AT COLUMBIA UNIVERSITY

Annals of the American Academy of
Political and Social Science, "The
Far East" (Nov., 1925.)-A sym-
posium including important papers
on a variety of phases of Far East-
ern politics, commerce and finance,
education and social problems.
BATSELL, W. R.-The United States
and the System of Mandates. N. Y., |

Carnegie Endowment, 1925; Internat. Conciliation Series, No. 213. BELMONT, Perry.-National Isolation an Illusion. Putnam's, 1925. Elaborate historical argument against the doctrine of isolation. BLAKESLEE, George H.-The Recent Foreign Policy of the United States. Abingdon Press, 1925. In

PART TWO

AMERICAN GOVERNMENT

DIVISION III

CITIZENSHIP AND PERSONAL RIGHTS

CITIZENSHIP ÅND NATURALIZATION LAWS

By RICHARD M. FLOURNOY, JR.

U. S. DEPARTMENT OF STATE

In this article the words "citizen" | to immediate economic demands. The and "national" and the words "citi- general interest in the subject is inzenship" and "nationality," referring dicated, not only by discussion in to the relationship of the individual newspapers and magazines, but also to the state, will be used interchange- by Acts of Congress and decisions of ably as being synonymous.

Citizenship Problem.-During the

courts.

ZATION LAWS

women and children born abroad of American citizens engaged the attention of Congress, with the result that two very useful statutes were passed, namely, the Naturalization Act of June 29, 1906 (34 Stat. Pt. I, 596), and the Citizenship Act of March 2, 1907 (34 Stat. Pt. I, 1228).

past two decades, because of the vast CHANGES IN THE NATURALIinflux of aliens into the United States, the nationality problem, including questions relating to immigration, Acts of 1906 and 1907. In the naturalization and expatriation, has years 1906 and 1907 questions conbeen more and more engaging the at-cerning naturalization and expatriatention of thoughtful men and women, tion and the citizenship of married in and out of the Government, who are solicitous of the future character and welfare of this country. It has come to be realized that the material of which the citizenship of the country is made is a matter of far greater importance than certain economic problems which have so largely occupied public attention in past years. Tariffs and railroad rates may be changed over night, but this is not true of the citizenship of the country. The effects of the very liberal immigration laws of past years will be felt through untold generations. It may be said without exaggeration that the citizenship problem is the chief political problem before this country at the present day. It is coming to be realized that the immigra-ever, although agents of the Bureau tion problem should be considered more and more with regard to the ultimate political and social good of the country, rather than with regard

The principal objects of the Naturalization Act were to bring about more uniformity and greater strictness in the naturalization process and to enable the executive branch of the Government to supervise naturalization to some extent through a new agency, the Bureau of Naturalization, in which complete records of naturalization are kept. Naturalization continued to be a judicial process, how

of Naturalization known as Naturalization Examiners can appear before the courts and oppose the admission to citizenship of individuals who ap

no

pear to be inadmissible under the simple reason that there were law. executive agencies scattered throughProposed Administrative Process. out the country which were fitted for -The Naturalization Act of 1906 has this important task and the creation been very beneficial, not only by pre- of special naturalization offices was venting the admission to citizenship, considered too expensive. The courts through fraud, on the part of the have held that decrees of naturalizaaliens or carelessness on the part of tion are "judgments" of the courts. the courts, of persons not entitled (Spratt v. Spratt, 4 Peters 393; Van thereto, but also by furnishing the Dyne on Naturalization, p. 10, and executive branch of the Government cases cited).

with data concerning naturalization Administrative Character. Howwhich will be of great value in shap-ever, although naturalization may be ing future legislation. However, the in form a judicial function, it is eslaw is not perfect. sentially an administrative act. The Suggested Amendment.-The Com-court does not decide that the petimissioner of Naturalization, Mr. Ray- tioner, by doing certain things, has mond F. Crist, in his annual report become a citizen of the United States; to the Secretary of Labor for the it confers citizenship upon him, after fiscal year ended June 30, 1925 (Gov-being satisfied that he has met the ernment Printing Office, Washington, legal requirements. This question was D. C., 10 cents per copy), recommends considered by the District Court of various amendments, one of which is the United States for the Eastern Disof a radical character. On page 27 trict of Michigan in a recent case reof the report he says: lating to the right under the law to cancel the certificate of naturalization of one John Mohammed Ali, a native of India who alleged that he was of Arabian ancestry, upon the ground that he was not a “white person," within the meaning of the naturalization law (Section 2169, Revised Statutes of the United States). Judge Tuttle, in rendering the opinion holding that the certificate of naturalization should be canceled, made the following observations:

It is recommended that naturalization be made an administrative function instead of a judicial one, with the right of appeal to the appropriate United States court after an administrative review of an adverse decision in

the Bureau of Naturalization.

With regard to this same matter the Commissioner, on page 23 of the report, makes the following observa

tions:

The recommendation for administrative courts has been urged for years by both Federal and State judges who have conferred the largest number of naturalizations, and who feel that the present system does not afford the dignity that should be given this most important of subjects.

по

With proper compensation there is doubt that as highly patriotic and capable citizens could be found to sit as naturalization judges in administrative courts as now Occupy other positions of equal trust and responsibility. As specialists in the naturalization law, the conclusion that they would render better service is in no sense a reflection upon the judiciary.

the

It is urged on behalf of the defendant that the question whether he is entitled to citizenship was conclusively decided in his favor by the action of this court in granting him his certificate of citizenship in and that such question is therefore res judinaturalization proceedings already referred to, cata, and cannot be raised by the government in the present proceeding. This contention cannot be sustained. It is now settled law that the statutory naturalization proceeding by which an alien seeks the privilege of citi zenship is not a judicial adversary proceeding in any true legal sense, and that an order directing the issuance of a certificate of citiCourts.-zenship in such naturalization proceeding is, in essence, not a judgment rendered by a parties, and as such final and binding upon court in a pending suit between adverse said parties as to all matters involved in the suit and decided by the judgment, but is thorized by Congress, of a political privilege merely a grant, in special proceedings auconferred by the government upon the peti

Naturalization Through Since the passage of the first naturalization law (Act of March 26, 1790, I Stat. at L. 103), naturalization has been conferred by the courts. Probably this function was placed upon the courts not because it was believed that the act of conferring citizenship upon an alien is in its nature a judicial act, but for the

tioning alien purely as a gratuity, and subject to whatever terms and conditions Con

gress may impose therein, including the right of the government to insist upon a cancella