Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-10-08
SCHW|MMER CASE
: INSPIRES NEW BILL
Civic Liberties Union Backs
Measure to Amend Natu-
raIizati0n Laws.
BY FREDERIC WILLIAM VILE.

AS a result of the United States Su-
preme Courts decision of May 81, 1929.
denying citizenship to Nine. Rosika
Schwimmer, well known Hungarian
pacif1St, efforts are now In progress to
amend the naturalization laws. They
are sponsored by the American Civil
Liberties Union, which Is backing bill
introduced in the House by Representa-
tive Anthony j. Griffin, Democrat, OF
New York. The principal feature of
the Griffin bill, as the American Civil
Liberties Union proposes to formulate
it, would be clause providing that no
person shall henceforward be barred
from American citizenship "by reason of
his or her religious beliefs or personal
convictions with respect to bearing arms
or the lawfulnesS of war as means of
settling international disputes"
Lacked Arms Bearing Clause.
Representative Griffins original bill
was introduced the day of the Supreme
Court decision in the Schwimmer case.
But it did not contain the arms-bearing
clause or references to religious "beliefs"
and personal convictions which it is
now planned to incorporate in it. In
December Mr.. Griffin intends to have
hearings on his bill before the House
committee on immigration and natural
ization, of which Representative Albert
johnson, Republican, of Washington, is
chairman. Representative Griffin is
former chairman of the House military
affairs committee. 1t seems highly
probable that the hearings will be the
scene of animated opposition to the
Griffin bill by certain groups Of patriotic
organizations, principally women who
have been active in the anti-paciflst
crusade.
The American Civil Liberties Union,
in statement on the Schwimmer case
and the forthcoming move to undo the
Supreme Court decision. announces that
1t Is planning two courses of action"
to that end. Zone, and the most prom
1sing." the unions statement declares,
sis to back bill in Congress to pro-
hibit the denial of citizenship to aliens
because of their views on bearing arms.
Such bill, in form not yet satisfac-
tory, has already been introduced by
Representative Anthony j. Griffin.
Test Case Is Planned.
"The other line of action is to get
an alien member of a religious sect.
preferably a woman, to apply for cit
1zenship In State, not a Federal
court, and in a State with a constitu-
tional exemption from military service
Tor religious DIRECTORS. Such a case
would raise the constitutional issue
Squarely, and might well achieve a
favorable result in the State, and if it
reached the United States Supreme
Court possible modification of the
Schwimmer decision.
THE decision is sweeping. It applies
to all aliens holding such views as Mime.
SchWlmmer's, whether qualified for
military service or not and on any
grounds, religious or Humanitarian The
decision, applied as it was to a 50-year-
old woman who would never be called
upon 10 bear arms, appears incredible
on It's face. But the court with three
justices diSSenting-Holmes, Brandeis
and Sanford) evidently chose to close
the doors to any applicant with such
views: And in the case of Nine.
SchW1mmer, the court was plainly in
huenced by what the solicitor general
(noW Attorney GeneraD described as
q secondary consideration - Nine.
Schwimmer'S influence as a writer and
q lecturer on others qualified to bear
arms.
Decision Significant.
'The decision is of profound signifi-
canoe to all who profess opposition to
war, challenging them to action to over
come a decision which strikes at their
faith In q warleSS world. 1t Is of sig
n1f1cance to all Quakers and members of
religious sects opposed to bearing arms,
for none Of their alien members can now
become citizens. Yet during all our
history till recent years no court ever
refused to admit the members of such
sects to citizenship. Indeed, they are
counted among our most distinguished
citizenS-not ignoring the fact that the
President Of the United States is of
their faith, though not of their tradi-
ttonal view on bearing arms
Representative Griffin, the New York
City Democrat, who fathers the pro-
posed amendment to the naturalization.
laws so that it would fit cases like Nine.
SChwimmer'S and the several others
which have come to public notice this
year, has no pacif1st record to his own
credit. On the contrary, he has very
notable fighting record. He was men,
Der Of the 18th and 69th Regiments
(the latter famed as the fighting
69th") Of the New York National
Guard. Griffin was the organizer of
Company F of the Goth and commanded
1t during the Spanish-American War.
Copyright, 1929