The producers news. [volume] (Plentywood, Mont.) 1918-1937, 1929-06-14
SUPREME COURT is
ANTI-PACIFIST 6 TO 3

Washington-(FP) = Cynical evil
dence upon American sincerity In ne
gotiating the Kellogg anti-war pact
is furnished by the 6-to-3 decision of
the Supreme Court that Nine. Rosika
Schwimmer, world-famOus pacltlst, is
disqualified by her pacifist views from
becoming a naturalized citizen Of the
United States. Defeated IN the fed
eral district court in Chicago, she won
IN the court of appeals, but has final
ly lost in the highest tribunal-thanks !
to the intense effort OF Atty. Gen. !
Mitchell, former law partner of JUS
tice Pierce Butler who drafted the ma
Jority opinion. Justices Holmes
Brandeis and Sanford dissented.
In substance, Butler and his ma
jority held that no alien may be nat
uralized who does not agree to engage
in war when called upon by the gov
eminent to do so. They held that
Mime. Schwimmer, as a paclflst lee
turer and writer, was foe to armed
national defense, and that despite her
sex and age-she is 52-she was not
entitled to the privilege of citizenship
so long as she should oppose war.
"The influence of conscientious OBJ
Jectors against the use of military
force in defense of the principles of
our government is apt to be more de-
trimental than their mere refusal to
bear arms" said the majority
Several hundred were convicted and
sentenced to Imprisonment for Of
lenses involving disobedience, deser-
ton, propaganda and sedition. 1t is
obvious that the acts of such offend
; ers evidence a want of that attach.
ment to the principles of the Consti
tuition of which the applicant is re,
: quired to give affirmative evidence by
the Naturalization Act"
Justice Holmes, dissenting from the
! decision, said in part:
! The applicant seems to be
woman of superior character and in
: telligence, obviously more than or
f. dlnarily desirable as citizen of tn
- United States. +. And as to he
z views, the whole examination show
- that she holds none of the now-dread
ed creeds but thoroughly believes i
II organized government and prefer
5 that of the United States to any 9th
# er in the world.
a Surely it cannot show lack of al
" tachment to the principles of the Cor
v stitution that she thinks it can
IS improved. | suppose that most int
at ligent people think that it might b.
3 Her particular improvement lookin
70 to the abolition of war seems to m
Id not materially different in its bea
ing on this case from a wish to e.
a tablish cabinet government as in En-,
y land, or a single house, or term
- seven years for the president.
- Only Judge mad with partisansh
% would exclude because the applical
!. thought that the 18th Amendmel
Ia should be repealed. 49,.
10 "The notion that the applicants o
od timstic anticipations (as to the futu
= disappearance of war; would ma
Of her a worse citizen is sufficiently a
90 swered by her examinations. Scr
e of her answers might excite popul
h prejudice, but if there is any prin'
90 pie of the Constitution that more Il
,er peratively calls for attachment tn
&c any other it is the principle of II
I'd thought-not free thought for tho
h who agree with us but freedom
the thought that we hate. think
should adhere to that principle W
OF regard to admission into, as well as
elk, life within this country.
OF "And recurring to the opinion Il
lay bars this applicants way, 1 wol
ur suggest that the Quakers have de
ne, their share TO make this country w
anG it is, that many citizens agree W
ecu the applicants belief and that /
u y not supposed hitherto that we regl
40 ted our inability to expel them beca
they believe more than some of us
Ian in the Sermon on the Mount"
inc Atty. Gen. Mitchell brought this
Cd, peal against the decision of the
eed eral appellate court, last year, W
ted he was solicitor general under A
nre Gen. Sargent. His action was
Jew plauded by the American Legion
was the Daughters of the American f
veek olutlon.
-