Great Falls tribune. [volume] (Great Falls, Mont.) 1921-current, 1922-11-29
DEGREES EXEMPTION
FROM WAR DUTY No
BAR To Citizenship
Federal Judge Bourquin Ren-
ders Important Decision on
Status of Alien.
Special to The Tribune.

Special to The Tribune.
Butte, Nov. 2S.-Rulins thar Ldsse
Antonscn Stem, a native Of Norway
and petitioner for citizenship IN ne
United States, was. not subject 10 The
| compulsory military law diving the
late war. Federal Judge Bourquiir yes
terday handed down a decision tiiat
Stem cannot be barred from becoming
a citizen of the country. The decision
is considered one of the most import
ant rendered on the question of
whether a citizen Of a. foreign country
after declaring his intention to become
the citizen of the United States can
be held liable for military service. The
decision may reopen many cases de
cided prior to this time.
Stem declared his intention for
citizenship at Seattle in 1912, register
ed in the draft, of 1917 and declared
exemption on account of (1) depend
ents: (2) alienage and CD physical
unfitness; was classified Al. called,
examined and rejected as physically I'M
fit and worked in the copper mines
throughout the war. He was born at
Norway in 1888 and came to the
United States in 1907. He lives at 4l2
West Galena street.
In his decision. Judge Bourquin
stated all that is rightfulIy exacted
Of an alien is the obligation Of tenn
porary allegiance due 10 the country
wherein he is alien. that is respect for
municipal law. civil duties of assist
ance and defense against calamities
and robbers, pirates. and other evil
persons who are enemies of no coun-
try in particular but society in gen
eral.''
Obligations of Alien
He further stated that the declar-
alton of intent to change citizenship
has no present effect and when the
change is effected simultaneously and
wholly the rights and Obligations Of the
persons are shifted from the old coun-
try to the new" He stated that the
alien is often re.dsed admission be-
cause he cannot pass an examination
in constitutional law that so per cent
of the native born would funk and
which wen. might drive the presiding
judge to the books.
The copper mines were considered
a key. OF vital industry during the
war. says the court, and the petitioner
did not take to the woods. mot ever
to the spruce woods" but presented
himself for examination as an Al
combatant and was rejected. There
upon in the copper mines. a vital and
key industry. he rendered good serv-
ices to his country. In the text of the
decision, Judge Bourquin says:
The Distinguishing and supreme
obligation for citizenship and it's per-
manent allegiance, is military service.
It has its antecedent in the feudal sys-
TEN wherein the vassal makes oath of
fealty to his lord and serves him in
war. as a consideration and payment
for the land and protection he receives
from his lord. So the citizen born to
or making oath of allegiance. likewise
render military service TO the country
in payment of and in consideration for
the advantages. rights, and protection
it extends to him. AS these latter are
the possession of citizens and not of
aliens, the consequence is that the
obligation of military service that at
tends them. attaches only when the
alien is admitted to citizenship. 1t
cannot attach before admission.
Can't Expect Service
'.All that can be rightfully exacted
of an alien is the obligation of tenn
porary allegiance due TO the country
wherein he is alien. viz. respect for
municipal law, and civil duties of as
sistance n defense against calamities
and robbers, pirates and other evil
persons who are enemies of no country
in particular but Of society in general.
at is hardly necessary to say that a
declaration of intent to change citizen
ship and allegiance has no present eff
feet on either. When the change is eff
fected, and only when effected, the
rights and obligations of the person
are shifted from the old country to
the new; and not gradually or by piece
meal, but instantaneously and wholly.
Those of the former end when those
of the latter begin.
After the declaration as before. the
declarant is an alien. All this is fully
recognized by this country in the act
OF 1907, providing that a declarant
alien Of three years residence may
have a passport to go abroad. but this
country will not fas of course it law
fully cannot protect him in the coun-
try of his citizenship and allegiance.
The act expressly provides that
only at admission to citizenship shall
the alien on oath renounce his al
legiance to his country. and assume
aiieglancP TO thlS country--tO support.
and defend i thereafter. This inclusion
OF defense for the future excludes in
ference of defense in the past.
Although petitioner was attached to,
had affection for the principles of the
constitution. his duty was to Norway:
and between affection and duty. al
ways, everywhere. in all circumstance
law and good morals dictates choice
of duty. Upon the whole. when petit
toner claimed exemption. he obeyed
all law and violated none. performed
his duty to both this country and Nor
way. conforned' to good morals and