The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1868-10-05

Court has pursued course in relation to this
matter which will tend to establish the guilt
or innoc ence Of its Prothonotary, and nothing
more. The episode Of the twelve blanks
signed and sealed in due form, to be filed up
as the exigencies OF the Democratic party
arise, has scarcely rufled its composure in the
matter Of naturalization. The judge still sits
composedly on the bench, Willing away the
time with pen or paper, or actually engaged in
hearing the argument OF counsel in cases
entirely foreign to the subject ofnaturaliz ation
the Prothonotary is still kept busy afixing his
signature to naturalization papers, without
even glancing at the names they bear; and the
crier and tipstaves continue to administer tha
oaths to applicants and vouchers, half dozen
or more voices mingling at once in the monoto-
nous work.
A citizen who had the purity of the ballot
and the welfare of the country at heart would
imagine that II the court chose to do nothing
more it would at least attempt to remedy the
glariDg irregularities Of its present practice in
the matter of naturalization, and cause it to
conform to the plain requirements Of the law.
That it has not done so is patent to every one
who has ventured into the court room during
the past few days. The judge may as well
be asleep or in the island of Terra del Fuego,
as far as the ceremony of naturalization is
concerned. That there has been no change in
the practice of the court in past years is no
palliation. A Ahundred thousand Irregularities
in the past are no excuse for their repetition
now that the fruits of these Irregularities are
being developed day by day in manner which
startles the people.
The only question to be considered is as to
the state of the law and its requirements.
These have been 80 clearly and incontestably
set forth by a distinguished member of the
Philadelphia Bar, in communication ad-
dressed to judges Thompson and Sharswood,
and published in the Press Of this morning,
that we quote from it at length, as follows
THE proceeding by which an alien obtains
his final certificate of nRturalizatio on Is q Judi
cial proceeding, TO be Conducted under the su-
the alien obtains his certificate by the judg-
menL of the court. of which record is or ought
to be made up. Crauch, 420. Therefore every
certificate issued on proof made to your pro-
monetary or his deputies, which proof has not
been made Ia the actual hearing of the court,
and which has not been actually passed upon
by the court, is unlawfully issued. And since
aliens, or their kind friends OF the Democratic
committee, will seek your court for naturaliza-
tton, submit that IL Is your clear Ia wful duty
to give TO each application exactly the same ju-
diclal consideration that you give to jury trial
at Ntst PTttts. or TO an argument in banc.
Tine act OF Congress OF lith April, 1902. Sec
ton i, provides tnat any alien, etc., may be
admitted 10 be come q citizen on certain named
conditions, and not 0theraOise. Among these
conditions are, That at the time of his applica-
tion he shall declare on oath, etc.. before some
one Of The courts that he will support the Con.
sti,1llon Of me UDiied states, etc.. which pro
ceedings shall be recorded by the CLERK of the
court; that The court admitting him shall be
satisfied that he has resided within the United
states i've years at least, etct that he has be.
haved as man OF good moral character,
attached to the principles of the Constitution,
etc, and well disposed to the good order and
happiness OF the same, eic.
EVERY line of his act and all the subsequent
legislation expressly recognize the judicial
character OF the proceeding, and assume that
the conscience of the court must be satisfied
before Its judgment admitting the allen appli-
cant TO citizenship shall be entered. See Hill,
l37. No argument can add force to the plain
letter of the statute, nor can any argument be
necessary to conviDce the minds of judges
as familiar with statutory construction as your
Honors. need therefore only add that If the
language OF the act were doubtful, the third
section OF the act of 1924 weuld resolve that
doubt: for IL. In terms, makes the preliminary
declaration Of intention to become q citizen,
made before the clerk, as valid as II 1t had been
made before the court. Under familiar prin-
ciple of construction this settles the question
tion and It's proof not only In court but to the
satisfaction of the court"
AS JOHN QUINCY ADAMS has haen imnortad