Americanization; Civics; Immigrants -- United States; Naturalization -- United States; Noncitizens -- United States
Section 9. That every final hearing upon such petition shall be had
in open court before a judge or judges thereof, and every final
order which may be made upon such petition shall be under the
hand of the court and entered in full upon a record kept for that
purpose, and upon such final hearing of such petition the applicant
and witnesses shall be examined under oath before the court and in
the presence of the court.
Attention needs to be drawn especially to the following section,
which, however innocuous in appearance, has given rise to a vast
deal of vexation and injustice, and has caused the exclusion from
citizenship of a large number of persons otherwise perfectly
qualified and desirable:
Section 10. That in case the petitioner has not resided in the
State, Territory, or the District of Columbia for a period of
five years immediately preceding the filing of his petition he
may establish by two witnesses, both in his petition and at the
hearing, the time of his residence within the State, provided that
it has been for more than one year, and the remaining portion of
his five years’ residence within the United States required by law
to be established may be proved by the depositions of two or more
witnesses who are citizens of the United States, upon notice to the
Bureau of Naturalization.
It will become evident as we proceed that the interpretation which
has been placed by the courts and the Naturalization Service upon
the distinction between the phrases, “two witnesses,” “at least two
witnesses,” and “two or more witnesses,” has in practice caused
a palpable absurdity from the point of view of common sense, and
inflicted crying hardships and wrongs from the point of view of bare
justice. Upon the humanity and good sense of the court, interacting
with the same on the part of the representatives of the government,
has depended to a very great degree the sensible interpretation of
these and other provisions of the law; but in general both are bound
by its letter, and in many instances they have been forced to reject
petitions which, on the sane merits of the case, should have been
accepted.
V
THE LAW IN OPERATION
Commissioner Campbell, in his annual report for the fiscal year
ending June 30, 1914, described in some detail the operations of the
field service of his Bureau in the handling of the applicant for
citizenship:
Public-domain text, read in full here on John Shaqi.
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