Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-05-25
WAR DIRECTORS
DENIED CITIZENSHIP
BY SUPREME COURT
Fight Lost by Yale Theology
Professor and Canadian
War Nurse.
BEARING ARMS IN ALL
WARS is HELD REQUIRED
Vigorous Dissent to Opinion Deliv-
cred by Sutherland Is Made
by Chief Justice Hughes.
~ the Associated Press.

BY the Associated Press.
A Yale theology professor from Can
ada and a Canadian war nurse today
were refused citizenship by the Supreme
Court because of their scruples against
bearing arms in time of war.
One was Douglas c. Macintosh the
other Marie A. Bland.
Their cases have been pending be-
fore the court for months. citizenship
having been held their privilege by a
Circuit Court of Appeals.
Justice Sutherland delivered the ma
1ority opinion of the court. His views
conceded closely with those expressed
by the court in the famous Rosika
Schwimmer case. Hungarian writer and
linguist, who was refused citizenship be-
cause of her refusal to take an oath to
fight for this Government.
Hughes Dissents Vigorously.
Chief Justice Hughes dissented vigor-
ously. He said that Congress had not
required all applicants for citizenship to
take up arms and urged that the
religious scruples of those opposing war
be respected.
Hughes said there was field for ac-
tivity in times of war for those opposed
to bearing arms. He insisted their re-
ligious scruples should not exclude them
from citizenship.
He said the naturalization oath was
the same as the oath Of Office for Fed
eraI employees and insisted there had
never been any suggestion that an
oficehoIder in taking the oath must
premise to bear arms.
Justices Holmes, Brandels and Stone
sided with the Chief Justice. Justice
Holmes dissent at the time Of the
Schwimmer case decision is one Of the
most famous Of his many dissenting
opinions
Justices McReynolds, Roberts, Van
DevaEter and Butler took the view ex-
pressed by Justice Sutherland
Places Stress ON Duties.
Justice Sutherland,s voice rose as he
delivered his opinion bsf-re a crowded
court room. He laid especial stress as
he outlined what he considered the
duties of a citizen.
He said that an applicant must be
willing to support the Government N
time Of war as well as IN time o. peace
and that a person asking for citizenship
could not be allowed to decide when he
would bear arms.
Characterizing war as abominable,
Justice Sutherland said no way had
been found of preventing 1t and said
that IL was necessary for the life OF
nation that 1t be given the power TO
call its citizens to its defense In time
of stress.
Ruled by Schwimmer Case.
The applicant, the Justice said, can
not be permitted to decide when ne
would take UP arms IN support OF the
Government. Macintosh had said in
declining to take the oath to bear
arms that he must flrst consider ana
decide for himself whether the par
ticular war in which the United States
might be engaged was just one.
The Justice said the case was ruled
ty the decision in the Schwimner case.
She was also denied the right 70 citi-
zenship because she refused to take up
arms.
Hughes said it was not question Of
the power Of Congress to require mill
tary service, but whether 1t had required
all applicants TO agree to take up arms.
Delivers Opinion EmphaticaIIy.
The Chief Justice said Congress had
not made such a requirement and that
the court was not required to give
effect to executive department rulings
prescribing a promise to bear arms. -,
Congress must decide. he said. who VIII
bear arms in case of war, and the In
dividual cannot be permitted TO decide
so long as 1t Is necessary TO the lie
of the Nation in the event OF war 10
provide fighting forces.
Military service, he said. must always
be regulated by Congress, which alone
has the right to determine who must
bear arms in defense of the Govern
nent