Evening journal., 1921-06-23
Citizenship
MEANS fight
Court Denies Naturalization
TO German Who Would
Not Defend u. S.
MUST SUPPORT
CONSTITUTION

The oath to support and defend
the Constitution Of the United States
embraces every method OF support
and defence which the government
may lawfully prescribe. That II may
prescribe support and defence by ac-
tive military service is obvious from
the constitutional provisions vesting
Congress with the power to declare
war; to raise and support armies.
to provide and maintain a navy"
declared Judge Morris, in the United
States Court yesterday afternoon, in
an opinion denying the petition OF
William Henry Bernhard Roeper to
be admitted to citizenship. basng
his reason for the refusal on the
testimony given by Roeper at a re-
cent hearing OF applicants for na-
turalization that he had conscien-
tious scruples against military SER
vice.
The decision OF Judge Morris Is
recognized as of unusual Importance,
and may be generally accepted as a
precedent in such cases
Roeper is a native Of Germany.
He was one OF a class Of seventy
were given hearing in the district
court here on June 13. He testi-
fed that he would not be willing
to serve in the military forces II
called upon TO do so and that he
was opposed to the shedding Of hu-
man blood.
The fun text Of Judge Morris's
opinion follows:
William Henry Bernhard Roeper
has filed a petition for admission to
citizenship. At the final hearing in
open court he testified, in substance,
that he has conscientious scruples
against the shedding Of human blood
even in warfare and that II admitted
TO citizenship he would not be will
ing to serve in the field in the mill
tary forces Of the United States IL
called upon TO do so. The Govern
ment opposes his admission. May he
be naturalized? The United States is
a body polite. AS such it has the
unquestioned right to determine for
itself the terms and conditions under
which an alien may be admitted 10
membership. that is citizenship. in
that body. Those terms were fixed
and defined by the act Of Congress of
June 20. 1896 ga Stat. 500. Sec
tion 4 Of that act in part provides:
Third. He shall before he Is
admitted TO citizenship, declare on
oath in open court that he will sup
port the Constitution OF the United
States, and that he absolutely and
entirely renounced and abjures All
allegiance and fidelity to any foreign
prince, potentate. state, or sovereign
ty, and particularly by name to the
prince. potentate, state, or sover-
eighty OF which he was before a
citizen or subject; that he will sup
port and defend the Constitution
and laws Of the United States against
all enemies, foreign and domestic
and bear true faith and allegiance
10 the same"
That section makes clear that cit,
izenship in not merely a privilege
but an obligation as WE'LL that ii
return for the rights OF citizenship
certain duties are imposed upon tn,
naturalized allen; points out wha
those duties are and exacts an oatl
that they will be performed. Tn,
duties so imposed upon persons be
coming citizens through naturaliza
tion are to support and defend th'
Constitution and laws OF the United
States - and bear true faith and
allegiance to the same."' The dutie
so prescribed by Congress in plaiI