Evening star., 1924-12-19
JUST|F|ES DRY LAW
BAN TO CITIZENSHIP
Judge Holds Test Is Far
Despite Practices of
Best Society.
BY Consolidated Pres,.

BY Consolidated Press.
HOUSTON, Tex. December l9.--
While thousands upon thousands of
she best people" of the United States
are "notoriously indulging themselves
in the unlawful possession of liquor"
SIS il fair to bar from American Citi-
Kenship four aliens who during their
Sive-year term Of probation in this
country have been convicted of Nio-
iating the Nolstead act by making
or possessing liquors for their own
use?
Federal Judge j. & Hutcheson of
this district has just decided that it
is and has filed a very thoughtful
opinion. which is likely 70 serve as
guide at other bars of justice where
the final fitness of a person to be
come an American citizen is passed
upon.
Not very many American citizens
know just what the last test of good
citizenship really is. AS imposed
upon the alien it is 4 question as to
whether or not during FIVE years at
least he has "behayed as q man of
good moral character attached to the
Eeneral principles OF the Constitution
OF the United States and we'll dis
posed 70 the good order and happi-
ness of the same"
Judge Hutchesou says that any
man applying for citizenship and Vio-
lating meantime the constitutional
amendment on prohibition Is not at
1ached," to say the least. to the gem
'ral principles of that instrument of
Justice and freedom.
Il was argued in behalf Of aliens
that the thousands upon thousands"
Of Americans who are daily Violating z
the Constitution, are not even upon
ronvictfoN deprived of their citizen
ship: It W argued that the offenses
II the workable citizens were mere
1GiSdemeanofS, no worse in fact than
" violation of the traffic laws or any
management at fsticuffs Judge
Hutcheson's rulings on these points
Htl are interesting. Briefly, here they
are:
The petitioners assert that this
court has admitted applicants al
though it has appeared that during
heir probation they have been ar
1ested for violating traffic laws, for
engaging in fistiC encounters. etc.
md that there can be no soundness
the distinction between a liquor
Wisdsmeanor and a traffic misde-
meanor.
Point of Distinction.
"1f | were inclined to a distinction
between the measure of a guilty rem
laws and that involved in breaking
ne monumental features of the
NolStedd act by a comparison of the
ease and apparent facility with which
our good citizens accomplish both.
would be hard put to it to determine
which law is less regarded
"As between fistic encounters and
Nolstead violations I might place the
distinctions upon the grounds that
millions for defense applies in this
country in a just cause to personal
as Well as national controversies and
the ability to defend by sound round
blows is an Anglo-SaXon right which
ought not lightly TO be taken away.
''To minds sensitive to the reproach
of pharisaism and honorable enough
TO see ourselves as others see US,
there is no doubt that the complacent
attitude OF many of our good citizens
toward the violation of the eight
eenth amendment makes the United
States in its prosecution of the igno-
rant and the poor appear to be en-
gagged to some extent in a piece of
colossal humbuggery, nor can 1 avoid
the feeling that it may appear to-
some to SAVIOR of judiciary peck
sniffianism 20 refuse an application
for citizenship. for doing what COM
mon repute declares is approved in
best society.
Inc law governing naturaIlZatlOnS
however, points the way for me to
follow. Neither traffic laws nor laws
concerning breaches OF the peace,
through fistic encounters, rest upon
or are embodied in the Constitution.
The prohibition amendment is an in
tegral part of that Constitution, and
IF / follow the law both literally and
upon its reason l cannot hold that one
who during his probationary period
has deliberately violated that Consti-
tuition and beer convicted for such
violations has shown himself attached
TO its principles"
Judge Hutcheson holds, in effect,
that granting American citizenship to
foreigners is not matter of right,
but rather one of grace, and it be-
hooves the applicant to be on his good
behavior no matter how much the
best people" may continue to trans
gress.
five years from their last convictions.
The rejected aliens may apply again