Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-05-26
Eligibility to Citizenship.

Eligibility to Citizenship.
BY another flye-to-four decision, the
United States Supreme Court has def
nitely settled the question whether an
alien who reserves TO himself the right
to decide whether he Is willing actually
to take up arms in its defense may be-
come citizen of the United States
The answer is-No.
The closeness of the decision, the
division of the justices themselves, the
fact that the case was brought by the
Government on appeal from a contrary
decision by a United States Circuit
Court Of Appeals. as well as the nature
Of the question itself, indicate the wide
divergence OF public and judicial opin-
ion upon matter that transcends the
mere Interpretation of the statutes and
that cannot be described as drawing a
cut-and-dried line between what In
called patriotism and the lack of it.
One may read the majority and the
dissenting opinions without finding in
either thought that is repugnant to
the highest ideals of citizenship and
love of country. And If one seeks to
read the faintest faint of pink radical
ism into the opinion of the minority.
one must include Chief Justice Hughes
among the tainted, which is hard
thing to do.
The majority of the court has decided
and its decision will be respected ana
obeyed. Until and If Congress decides
to substitute for hypothetical questions
some more specific requirement for ell
gibility, the alien who refuses TO give q
categorical answer in the affirmative to
a categorical question concerning will
ingness to take up arms in defense Of the
land shall be barred from citizenship.
The number thus excluded will be in
finitely small. The person who refuses
to answer Yes will be counted as one
among millions. For the most part the
rejected viii include such persons as DR.
Douglas c. Macintosh. professor Of
theology in the School Of Divinity at
Yale. ard Miss Marie Bland, a nurse.
Both Of these saw volunteer service in
the war, one as chaplain, the other as
war nurse. Both know q great deal
more about war than the ma jority of
men and women, and their intimate
knowledge may have contributed TO the
formation Of an Intellectual conception
Of allegiance which, in The opinion of
the majority of the court. prohibits
them from citizenship In America. The
body Of aliens who become citizens will
be neither the better nor the worse for
the courts decision, 90 small Is the
number affected.
The decision does bring TO the fore,
however, another question of more than
passing importance. 1t Is raised in that
portion of Chief Justice Hughes dissent
wherein he develops the fact that the
requirement of an oath 10 bear arms
represents an Implication, as inter-
preted by the courts and the natural
ization authorities. as to the meaning
OF the oath prescribed by Congress.
Such q promise has not been exacted
by the Congress, nor has 1t always been
required by the naturalization author
tiles. If Congress had that interpreta
ton in mind when It drew up the
standards for citizenship and required
that applicants should swear to support
and defend the Constitution and laws
Of the United States against all
enemies" it would doubtless have 80
specified. The omission Of any such
specification is, 10 Chief Justice Hughes,
significant.
As interpreted by the court admis-
sion to citizenship depends upon will
ingness to answer Yes" TO a hypo-
thetical question A woman answering
the question In the affirmative can at
tacil no particular significance TO it, for
she could not bear arms II she wished.
A man past the draft age is in the same
position. Congress should decide
whether admission to citizenship shall
be determined upon an examination Of
character and the life history Of the
applicant. or whether it is TO depend
upon a Yes" or No answer that no
one can give with absolute truth. and
which as, practical matter connotes
nothing OF actual Importance or con-
sequence no matter how answered.