In re Swenson, 21338.
Decision Date | 30 June 1945 |
Docket Number | No. 21338.,21338. |
Citation | 61 F. Supp. 376 |
Parties | In re SWENSON. |
Court | U.S. District Court — District of Oregon |
The petitioner seeks to become a citizen of the United States by a judgment of this court. He has the imprimature of the examiner who, according to his statement in the record, is bound by instructions of the Central Office to recommend Swenson.1 The examination of petitioner took place in open court. His knowledge of the form of government and the content of the Federal Constitution is sketchy and confused. He reads English with extreme difficulty and cannot interpret what he has read. But according to his testimony, he is sixty-seven years old. He has been in this country for forty-four years. He has never married.
The examiners have heretofore, in like proceedings, informed the court that under instructions from the Central Office, no attempt is made to establish educational qualifications of applicants for citizenship for persons over the age of sixty. Such a rule does not carry out the intent of the legislation governing admission to citizenship. Numerous examinations of applicants has shown that the Central Office regularly directs that a petitioner be recommended for admission although he cannot write or read English, and although he speaks and understands English very imperfectly. This practice contravenes the statute which requires that no one shall be naturalized upon his own petition "who cannot speak the English language."2
The ability to mumble a few common English words and banal expressions in a foreign accent, and to understand a few simple questions, or directions, does not demonstrate the capacity to speak English in connection with a requirement of attachment to the principles of the Federal Constitution.3 The court would be entitled to consider the fact that admission of applicant would make him a citizen of the State of Oregon as well as of the United States. Literacy is required for the exercise of civil rights in this state.4
It is of no avail to urge that the native-born need not possess these qualifications. The alien is only entitled to citizenship when he proves he possesses the statutory requisites. Any reasonable doubt should be resolved against the applicant.5 A clear exposition of this feature is contained in the opinion of Judge Yankwich entitled United States v. Bergmann, D.C., 47 F.Supp. 765, 766. It is there said:
The question as to whether the petitioner should be admitted is very much in balance...
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IN RE ORPHANIDIS'PETITION, Petition No. 3963.
...person of good moral character. See also Ex Parte Elson, D.C.Tex.1924, 299 F. 352; In re Bonner, D.C.Mont.1922, 279 F. 789; In re Swenson, D.C.Or.1945, 61 F.Supp. 376; In re Taran, D.C.Minn. 1943, 52 F.Supp. 535. Violations of liquor laws have been the basis of suits by the government for c......