The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-08-12
WASN'T 4 CITIZEN
SheriG Nester of Marshall
County Had = Scare.
Has Filed Application for Citi-
xenship Papers.
THREATENED WITH CUSTER
Federal Officers Answer CUES.
lions About Citizenship.

No Need To Be Naturalixed To
Be Able to Vote.
Anxious inquiries regarding the status
OF foreign born women in the matter of
their eligibility as voters under the ex-
tended franchise In Kansas. have
ELECTED numerous replies and opinions
from the office of Fred Robertson
United States district attorney, during
the past few woeks. Some Interesting
situations have been presented for So
luton by official opinion. The same
has probably been true in attorneys Of
fees all over the state. but :. unique
case was that cleared up just before the
recent primary election In Marshall
county where the question OF Michael
Nester's eligibility as candidate for
reelection as snerin was settled just in
time to save him some unfortunate en-
tapglements at the polls.
As Nester's first term as sheriff was
drawing to q close it was discovered
that he was not q citizen OF the United
States being foreign born. The dis
covery was made by accident and dis
concerted him as much as 1t surprised
his constituents who were enthusiastic
cally running him for the Democratic
denomination. hester had acted as
witness for an applicant for citizenship
papers. The bureau of immigration
office at st. Louis. investigating the
witnesses, rejected the application be-
cause of Nester's own lack OF citizen
ship. 1t was shown that his father.
who had declared his intentions of be-
coming citizen. while the present
sheriff was yet minor. had died be-
fore his final papers were issued.
Young hester came to majority in the
belief that he had been made eligible
by his fathers citizenship and voted
and entered politics.
How He Fixed 1t. -
There was a furry In Marshall
county when. just before the primaries
| it was discovert j that the only
Democratic candidate for sheriff was
not q citizen. There was talk of GUST
ing him from office before hts term
ended.
Much worried. the Marshall county
the Office az United States district at
torney for advice Federal statutes dis
closed = way to secure his name, q place
! ON the ticket. He WAS told merely to
file with the proper officer q declaration
Of his intentions to become q citizen.
He could easily prove. that he had been
| q resident Of Kansas for a period that
would total six months before election
day, which is all that would be re-
tQuired. That fixed him not only as Z
candidate. but for the balance OF his
5irSt tnEm a. sheriff Gonsultatluis sefft
| the ONCE Of attorney general obtained
| the assurance that his official acts al
sheriff would not. be- questioned since
| he mad been flrst elected to Office on the
/ general and honest belief that he was q
qualified elector.
| Need Not BE Naturalized.
| ut will be q matter OF news to
many persons" commented Fred Rob-
'ertson, district attorney. today, that
an elector need not be a naturalized
citizen OF the country. The constitu-
| ton OF Kansas provides that persons
Of foreign birth who have declared
| their Intentions of becoming citize M
may be electors provided they have
like native-horn persons, held resi-
dence in Kansas for six months and
in their township or ward for thirt,
days prior to the holding OF the cleo,
ton. To hold office a person need be
only a qualified elector. Under this
provision hester was qualified to rur
| for office as soon as he had filed his
i declaration
| status of Women.
There arc n Kansas many womef
who have never Investigated theil
status as citizens.
Women of foreign firth or parentags
electors If they have been married t.
| men who are citizens. Decisions OF fed
eral courts and the revised federal stat.
utes both indicate clearly that a WON.
| ans nationality follows that Of he
husband -, long as they continue al
husband and wife.
A foreign-born woman becomes {
! citizen of the United States whenever
she marries an American whether h,
be native or naturalized. She &C
Quires citizenship il her foreign-borI
husband does so. An American WON
an loses her citizenship when sh,
marries a foreigner. but she may re
gain it by making simple declaration
OF her desire upon his death or q
divorce.
Any child born on American soil o
foreign parents il given constitutions
rights as citizen. The exception 4
this rule is made in favor OF children
Of representatives of foreign coun
tries. A child born on q ship sailinl
from an American port is held to b
of American birth ii his parents ar
citizens. A child born abroad to Amer
lean parents retains his CITIZENSHIP
with them. A child born abroad I
parents who later come to Americ
obtains the privileges Of citizenship
his father becomes naturalized durin
his minority. But he does not obtai
1t unless the father does become q citi
zen or he, himself, goes through tina
formality. This was the case wit
Sheriff Nester of Marshall county.
To Become Naturallzed.
A person must be a resident Of tn
UNITED States for Ave years before ma
turalization papers can be issued t
him. The federal law provides that
foreigner can make his declaration t
become a citizen at any time after h
reaches American soil, but this decla
ration must have been made not les
than two years before he files his an
..plication for the issuance Of citixenshi