Frostburg mining journal. [volume] (Frostburg, Md.) 1871-1913, 1882-07-01
Stg(istellallg,
Reply of the States 1ttorney to
Questions of the Registrars.
CUMBERLAND, ND, June II, 1888

0J hegtsTdtt0HJ J0T dHegoHy "o""'y'
GENTLEMEN In compliance with
section 33, chapter %, of the act OF
1882, requiring the States attorneys
of the several counties to advise the
officers of registration from time to
time, at their request, in relation to
all legal matters pertaining to the
duties of said officers, l herewith sub
NIT my views on the questions enclos-
ed in your favor of yesterday:
1. What age must foreign-born minor
have at the time of his arrival in this
county, who applies for registration upon
the naturalization papers of his father
must he have been under eighteen or sim
ply under twenty-one years.
1t is first necessary to ascertain
whether the naturalization of parent
naturalizes a minor child. Section
| 2l72, of the Revised Statutes of the
United States, being the Act of Con-
gress of April IA, 1902, establishing a
uniform rule of naturalization, pro-
vides that "the children of persons
who have been duly naturalized un-
der any law of the United States. or
who previous to the passage of any
law on that subject by the government
of the United States, may have be-
come citizens of any one of the States,
under the laws thereof, being under
the age of twenty-one years at the
time of the naturalization of their
parents, shall, if dwelling in the
United States, be considered as citi-
zens thereof" :"
Chancellor Kent, in vol. H., section
81, of his Commentaries, inclines to
the opinion that the act was intended
to apply only to persons who had
been naturalized at the time of its
passage, namely, April IA, 1902, al
though he comedies that there is color
for the construction that it may have
been intended to be prospective and
to apply as well to the case of persons
thereafter to be naturalized as to those
who had previously been naturalized.
This question was, however, determ.
ined in 1910 by the opinion of Chan.
cellor Walworth, in the case of West
VS.. West, 8 Paige, 439.
ut is contended," says the learned
Chancellor, referring SO the section
quoted above, "that this provision
was not prospective in its opetations
80 as to embrace children whose par
ents should thereafter be naturalized,
but that it was only intended to ap-
ply to the children of those who had
already been naturalized at the time
of the passing of the act. Such a
construction might probably have
been given to an isolated provision of
this kind in an ordinary statute. But
in giving construction to this pro-
vision it is proper to take in consider
alton the fact that it is contained in
general statute which was intended to
establish an uniform rule of naturali-
zation and that no good reason could
exist for applying such rule to the
children ef those who had been al
ready naturalized which would not
operate with equal force in favor Of
the children of those who should
thereafter be naturalized, in conform
ity with the general provisions of that
act"
After reviewing the several Acts OF
Congress passed prior to the one un-
der consideration for the purpose OF
arriving at a true construction the
Chancellor concludes in this language :
II have no doubt, therefore, that this
provision in the act of 1902 was in
tended to embrace the children Of
those who should thereafter be, as
we'll as those who had already been,
duly naturalized under any of the
laws of the United States"
In brief, I would therefore reply,
that son being under the age twen-
ty-one years and dwelling in the
United States at the time OF his par
ents' naturalization, is entitled to be
registered upon attaining his majority,
provided none of the disqualifcations
enumerated in section Is of the Act
of 1882, chapter %, are found to
exist.
Q. Does an honorable discharge from the
army entitle foreigner to register with.
out naturalization
1t does not. 1t only facilitates his
naturalization by a proper court BY
taking the place of previous declara'
tion of intention to become a citizen,
as required by section 2l65 of the