Switzerland; Switzerland -- Politics and government -- 1815-
The latitude given cantonal and communal officials in the construction
of the federal law of 1876, and the survival of a great body of
antiquated cantonal enactments and communal ordinances, which slowly
and reluctantly yield to federal legislation, complicate and render
almost impossible a compliance with its provisions. It has been held
that a renunciation, though presented in proper form, could not
be entertained, because the party was under “guardianship.” Not a
guardianship under which the law places a minor, but a guardianship
authorized by cantonal and communal laws; under which any improvident
adult citizen may be placed,--and these local officials are disposed to
classify under this head those who emigrate, and propose subsequently
to make a renunciation of Swiss citizenship, specially should any
inheritance fall to them in the Cantons or Communes. These persons are
coerced to return to Switzerland to obtain the possession and enjoyment
of such property; or by prolonged absence permit it to escheat, and
swell the common fund. Again, a very common ground of objection to
renunciation is the alleged fear that the party may at some time, in
the future, return to his native country and become a public charge;
and this is persisted on in spite of the assurance that he has become
a citizen, say, of the United States, a _bona fide_ resident therein,
invested with all the privileges and subject to all the obligations
pertaining thereto, and if from indigence, sickness, or other cause
he should become unable to maintain himself, he has a claim in common
with and to the same extent as other citizens of the United States in
the provisions made by law for persons reduced to that unfortunate
condition, in the State in which he might happen to reside at the time
of such contingency. In a recent case (1889), that of “Carl Heinrich
Webber (of Philadelphia) vs. The City Council of Zurich,” the plaintiff
had left Switzerland during his minority, and in due course of time
was naturalized in pursuance of the statute, and desired to secure
possession of his property in Zurich for purpose of transfer to the
United States. This was resisted by his guardian, on the ground that
while his renunciation in its preparation and presentation met the
requirements of the law, still he had left Switzerland without the
consent of his guardian, and therefore could not legally acquire the
domicile in the United States necessary for naturalization there.
This plea of the guardian was sustained by the Council of Zurich, and
Webber denied his property. On an appeal to the Federal Tribunal, this
decision was overruled, only on the ground that the guardian had given
an implied assent to the young man’s change of domicile; the court
adding that otherwise the plea, as made and sustained by the lower
court, would have been affirmed.[62] The judicial doctrine, which so
long obtained, that no one could expatriate himself without express
Public-domain text, read in full here on John Shaqi.
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