Americanization; Civics; Immigrants -- United States; Naturalization -- United States; Noncitizens -- United States
I have had numerous petitioners who, for ordinary purposes,
could prove every day of their residence in this state; but for
naturalization purposes were unable to prove their residence, even
though the entire five years may have been--and in some instances
has been--in this one county! I consider it inequitable for the
reason that the man who travels from mining camp to mining camp
may reside four or more years in any number of states, and at
any number of camps in each state; but, if he then removes to
another state and resides in that state one year, he may obtain
citizenship. Yet the rancher who resides five years in one state,
or even in one county, but during the five years resides in two
different localities of the state, or even on two different ranches
in one county, may be (and under the present law frequently is)
deprived of citizenship for the reason that two witnesses, only
two, and each of these two, must prove the continuous five years’
residence.
I some time ago became convinced that this provision of the law
was not equitable, and in January, 1919, wrote to our Congressman
in the hope of convincing him and getting a bill introduced to
remedy it. He thought it too late in the session to attempt it, and
that it would be useless to attempt it without the approval of the
Department of Labor, which approval was withheld.
Nevertheless, it is to be presumed that the Bureau of Naturalization
did approve (since the proposal was embodied in the same bill
containing one of its attempts to secure a notable extension of its
powers)[80] a measure of concession in the matter of witnesses.[81]
A proposed amendment to Section 10 of the Naturalization Law would
provide:
That in case the petitioner has resided in two or more parts of
the county in which he resides at the time he files his petition,
and for this cause is unable to procure two witnesses, who are
citizens of the United States, who are qualified and competent to
establish the entire period of his residence in such county, he may
establish his residence at each of the places in such county by the
affidavits and testimony of at least two witnesses, citizens of the
United States, to each place of residence, both in his petition and
at the hearing.
The same bill would have mitigated and, so far as it went, humanized
the restriction upon substitution of witnesses by adding to Section
4 a subdivision providing that
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