Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-04-12
Eligibility to Citizenship.

6llSlDlllty TO CltlzenSnlp'
Miss Marie Averill BANDS eligibility
to citizenship will soon be tested in the
United States Supreme Court through
an appeal brought by the government
from a decision of the Second Circuit
Court of Appeals, which ruled that
she could be a citizen. The t-st arises
because Of Miss BANDS refusal to swear
that she would take up arms in de-
Tense Of this county, If necessary.
Great interest surrounds the case be-
cause of the Supreme Courts previous
adverse decision regarding the applica-
ton of Madame Rosika Schwimmer an
internationally known pacifist without
''nationalistic sense, but only cosmic
consciousness Of belonging to the hu
man family" Some, but not all, Of the
points involved in the Schwimmer case
are contained in the Bland case.
Miss Bland was war nurse with the
Canadian forces overseas during the
World War and nursed American SOL
diers at Brest. She says she would
nurse again and in the front line If
necessary, and otherwise do what she
could for her country in event of war,
but she could not swear to kill any,
body or take up arms. Unlike Madame
Schwimmer, she says she has no inten-
ton or desire to influence others to be-
come pacifists or conscientious objec-
tors. But there is only shade of diff
ference between her case and the
Madame Schwimmer case. Many -
lieve that the Supreme Court. % be
consistent, must debar Miss Bland.
One Of the interesting aspects Of the
test is that it is relatively new. The
Constitution empowered Congress to
establish IAN uniform rule of natural
ization." The first requirement laid
down for admission to citizenship was
that the alien must have lived in the
United States for two years and should
be willing and able to take an oath of
allegiance. The residence period was
heightened to five years in 1895 and the
alien was forced to convince proper au-
thoritieS that during that time he had
behaved as man of good moral
character attached to the principles of
the Constitution of the United States
and well disposed to the good order and
happiness of the same" He was also
obligated to defend the Constitution
of the United States" In 1905 the oath
Of allegiance was broadened to read:
support and defend the Constitution
and laws of the United States against
all enemies, foreign and domestic, and
to bear true faith and allegiance to the
same"
When We entered the World War the
Naturalization Bureau began asking
prospective citizens If they were will
ing, If necessary, TO take up arms in de-
Tense Of this country" The question is
retained on one sheet of the prelim-
mary petition which every alien must
fill out. Those who refuse to answer
the question are eliminated, as citizens,
without further consideration of the
merits. The Bland case is one Of sew
eTal brought to test the necessity for an
affirmative answer.
The question, Of course, is a trick
question. Miss Bland will not be call
ed on to bear arms in defense Of her
country. The time has not arrived
when We shall have to depend upon
women to do the shooting and the cut
ting. So 1t does not make any differ
ence whether the applicant would bear
arms or not. What does make a diff
ference is whether the applicant is good
material for citizenship, and there are
other ways Of finding out than by asking
trick questions. The aliens who have
become our best gunner and gangsters
would swear TO bear arms quicker than
anybody else. But their oath means
nothing. Miss BANDS refusal to say
that she actually would take up arms
means that she has the courage Of her
convictions, and her past record is fair
evidence that she would make a val
liable citizen.
With 100000 illegally admitted aliens
in this country who according to Sec
rotary Of Labor Doak, are filling places
in industry that belong to American
citizens, the racket stirred up by Miss
BANDS refusal to say she would do
something that she would probably be
prohibited from doing If she wanted
to is little out Of proportion. to say
the least. The United States has re-
nounced war as an instrument Of ma
tional policy. That is going Miss Bland