Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1885-11-11
JUDGE POWERS on CITIZENSHIP,
Appiy-Something for the Nor
mon Foreigners TO
Ponder UpOn.


right and he could not bring in verdict
of guilty against a person charged with
such an offense. Judge Powers refused
the alien the desired papers, and to make
his position thoroughly understood on
this important question, he yesterday
filed the following opinion:
IN the First Judicial District Court, Utah
Territory.
In the matter OF the application Of Neils
Hansen to become citizen of the
United States.
The Court in the exercise of its judicial
functions, has felt compelled to take
position relative to the rights of persons
to become citizens OF the United States,
OF so much importance that it is proper
to place upon the files of the Court the
reasons for the action taken.
One Neis Hansen, q resident of the
county of San Pete, in Utah Territory,
applied to the Court for admission as cit
izen. He had resided here the statutory
length of time and had declared his inten-
tons, rs required by the statute He stated
that he was attached to the principles of
our Constitution and of the laws of our
country. He also stated that he proposed
to obey all our laws, those relating to
polygamy and unlawful cohabitation, as
well as others, but that he believed it right
for man to have living and undivorced
more than one wife, and that this belief
would prevent him from rendering YER
dict of guilty in Il polygamy case if he was
called as Juror in such case, even if
the proof should show the prisoner to be
guilty beyond reasonable doubt. There
upon the Court declined to admit him as
citizen, for the reason that he was not
Na,, 49, 1,,. - -
zenship. He admitted that he would vio-
late the sanctity of his oath rs Juror, on
account OF his private belief. He satisfied
the Court that he was not attached to our
laws, or to the principles of our Constitu-
ton. The Court is satisfied that the alle-
glance that he would render to the Gov
eminent would be a qualified allegiance.
While all will admit that he is entitled to
his individual belief. when it became ap.
parent to the Court that
Ills BELIEF WOULD BE PARAMOUNT,
And his fidelity to the laws and the Gov
eminent secondary, it became the duty OF
the Court to refuse to admit him as cit
izen.
The power to naturalize, by virtue OF
the act of Congress, is judicial in its ma
ture. 1t is a judicial power, because up
on evidence conclusion has to be at
tanned, resulting from the exercise OF the
judgment OF the Court. This is simple
and clear enough without resorting to au-
ton to the opinion of Chief Justice Mar
shall, in spratt VS.. spratt, 4 Peters, 4O6,
and also to the case of er parte Knowles,
5 Cal, 302. The power to naturalize be-
ing judicial, il follows that something
more is required of an applicant than that
he has resided within the United States
the statutory period. The blessings be-
slowed by our Government are not to be
given to one who is unworthy. Citizen
ship is privilege which no man has
right to demand, and in constituting the
acts Of Congress upon the subject of nat
uralization, the Courts ought not to go be-
yond what is plainly written. In re Ca
mile, 6 Sawyer, pa.
owe adopt as citizens those belonging
to our race, who coming from other lands
manifest attachment to our institutions
and desire to be incorporated with u.s."
In re Look Tin Sing, West Coast Rep,
1868.
Before an applicant can be natural
lied, the Court must be satisfied as to his
character" Campbell VS.. Gordon,
Cranch 1872.
The Court is vested with discretion,
and If it is convinced that the applicant
is not attached to the principles OF our
Constitution, and is not well disposed to
the good order and happiness of the same,
it should not naturalize him. 1t has been
claimed that all the inquiry that the Court
can make is as to TIE applicants behav-
ior; that the words OF the statute that he
has "behaved as man of good moral
character, attached to the principles OF the
Constitution of the United States, and
well disposed to the good order and hap
piness Of the same" limits the inquiry o.
the Court TO the mans behavior. But
can this be true? Is this correct inter.
probation OF the statute in its letter and
spirit?
AN IDIOT OR LuNATIc
May have behaved properly, but can it bt
commended that, therefore, the court mus
naturalize him, Notwithstanding his condi
ton OF mind? think not.
think that man who is SO firm be
lever in the doctrine that crime i
right, that upon applying for naturaliza
ton he announces under oath that h,
would, as a Juror, violate his oath an
render a verdict of not guilty in Grim
inal case, when the proof showed tn
prisoner to be guilty beyond REASONABLE
doubt, is untitled to become a citizen
He is not qualified to assume one c
the burdens of citizenship - namely
jury duty. 1t would, it seems to me
be judicial farce to bestow tn
inestimable gift of citizenship upon sue
man.
Moreover, "courts are bound to tax
notice OF the political and social cond
ton OF the country which they judicial
rule" Irwin vs.. Phillips, . Cal. LAG
MERGED Mining Company VIZ. Fremont,
Cal. 1926.
What is the political and social cond
ton OF this Territory land how does it bea
, upon the matter under consideration?
large percentage of the people are yiolatol
of the law I; a large and overwhelming mi
jority OF the people openly advocate TIL
violation of the law. People teach I'll
doctrine that there
ARE HIGHER LAWS
Than the law OF the land, and those III
: the laws, rules and edicts of the Mormo
Church, an organization, political III
= religious in its nature, that virtually rul
this Territory. The process of the cou
is eyaded and INSTRUCTED The officers
b the Government are traduced and revile
The sanctity OF the oath administered
, court is treated lightly and many tim
with contempt, and people are taug
o that no wrong is committed in refusing
v recognize their binding nature. A COVER
. ment has heou formed within the Cover
y Inent, powerful and aggressive. Allel
unCe 10 this government il primary N
? H.. 10 IT.,.t Ge..t.N To