In re Tomarchio
| Decision Date | 17 December 1920 |
| Docket Number | 8867. |
| Citation | 269 F. 400 |
| Parties | In re TOMARCHIO. |
| Court | U.S. District Court — Eastern District of Missouri |
M. R Bevington, Chief Naturalization Examiner, of St. Louis, Mo and Marguerite Zoff, Naturalization Examiner, of Washington Mo., for the United States.
The government asks the dismissal of this application upon the ground that the candidate in the draft claimed exemption under class V-F. This motion is resisted on the ground that under Series VII of his questionnaire the candidate stated he had not therein claimed exemption because of his alien status.
More than two years have gone by since the signing of the Armistice, on November 11, 1918, and the last draft registration day, which was September 12, 1918, and in that time details surrounding the execution of questionnaires have all but been forgotten. The importance of the subject is such that there should be preserved in some readily accessible law report (such as the Federal Reporter), a reprint of pertinent portions of the questionnaire form showing just what was required of registrants. I accordingly make a part of this opinion a copy of the notice to those affected by the Selective Service Laws, which appeared at the top of the second page of each and every questionnaire. It is particularly to be noted that the specific instruction is given that each and every portion of the questionnaire must be completed, before any entries whatsoever were made on the first page of such questionnaire:
IMPORTANT NOTICE TO REGISTRANTS AND OTHER INTERESTED PERSONS.
CAREFULLY READ, OR HAVE READ TO YOU, EVERYTHING ON THIS AND THE FOLLOWING PAGE BEFORE PROCEEDING FURTHER.
General Rules Governing the Answering, Execution, and Filing of This Questionnaire.
Every registrant shall immediately upon receipt of a Questionnaire proceed as follows:
He shall first carefully read, or have read to him, the instructions printed on this and the next page of the Questionnaire, and also the particular instructions printed in the Questionnaire with each series of questions.
He shall then take up each series of questions, beginning with Series I, and answer all questions which he is required to answer and sign his name where required by the instructions.
He shall make no mark nor answer upon page No. 1 until he has answered the 12 series of questions; but after having done so and before he executes his affidavit on page No. 15, he shall answer the question near the bottom of page No. 1 and sign his name thereto. If he wishes to waive all claim of exemption or deferred classification, he shall sign the waiver at the bottom of page No. 1.
He shall then upon the first page of the Questionnaire place a cross mark (X) in the space opposite the division which describes his status constituting the ground or basis for deferred classification. The registrant is not limited to making one cross mark (X) indicating his status as to deferred classification, but may make a sufficient number of marks to indicate his status in relation to every ground for discharge or exemption which exists in his case.
He shall then swear or affirm to the truth of his answers by executing the 'Registrant's Affidavit' on page 15.
Series VII of the questionnaire, cited in behalf of the candidate, follows:
SERIES VII. CITIZENSHIP.
Instructions.--Every registrant must answer the first three questions. If he
answers "yes" to all of these questions, he need not answer the remaining
questions nor sign his name. If he answers "no" to either question No. 1, 2, or
3, he must then answer the remaining questions and must sign his name.
Q. 1. Are you a citizen of the United States? A. 1. ..............
(Yes or no.)
Q. 2. Were you born in the United States? A. 2. ..................
(Yes or no.)
Q. 3. Were both of your parents born in the United States? A. 3. ............
(Yes or no.)
Q. 4. If you are not a citizen of the United States, have you ever taken
out first papers (that is, declared your intention of becoming a
citizen); if so, when and where? A. 4. .............................
....................................................................
Q. 5. If you are not a citizen of the United States and have not declared
your intention of becoming a citizen, do you claim exemption from
service in the Army of the United States on that ground?
A. 5. ..............
(Yes or no.)
Q. 6. If you are not a citizen if the United States and have not declared
your intention of becoming a citizen, are you willing to return to
your native country and enter its military service? A. 6. ..........
(Yes or no.)
Q. 7. Where and on what date were you born? A. 7. ...........................
....................................................................
If you are a noncitizen Indian, born in the United States, do not answer
questions Nos. 8 to 13, but answer questions Nos. 14 to 16.
Q. 8. Give the birthplace and present residence of each of your parents.
A. 8. .................................................................
.......................................................................
Q. 9. If your parents or either of them live in the United States, state how
long each has resided in this county. A. 9. ........................
Q. 10. If either of your parents has been naturalized in the United States,
state (a) which parent; (b) when and where naturalized. A. 10.
Q. 11. If you were not born in the United States, state (a) at what place,
and (b) on what date you arrived in this country; and (c) whether
you came with your father or mother or either of them. A. 11.
Q. 12. If you are a naturalized citizen of the United States, state when and
where you were so naturalized. A. 12. ..............................
Q. 13. Have you ever voted or registered for voting anywhere in the United
States; if so, when and where? A. 13. ..............................
....................................................................
If you are an Indian born in the United States and claim you are not a
citizen, answer the following questions.
Q. 14. State (a) when you were allotted; (b) when your father was allotted;
(c) when your mother was allotted. A. 14. (a)......................
Q. 15. Have you received a patent in fee to your land? A. 15. ...............
Q. 16. State (a) whether you live separate and apart from any tribe; (b)
if so, when you intend to return to tribal life; and (c) how long
you have lived away from tribal life. A. 16. (a)..................;
...............................................
Note.--See Sec. 79 S. S. R. (Signature of registrant.)
As the last and most important feature, there is set out below a verbatim
copy of page 1 of the questionnaire form:
QUESTIONNAIRE (TO BE USED AFTER JUNE 5, 1918.) ------------------------------------------------------------------------------- Registration No. Telephone No.... Name of Registrant: ............... _______________ ................................. Serial No. (Christian name.) (Surname.) ............... Address.......................... _______________ () Order No. (Stamp of Local Board.) ............... City ..... County .... State ... ------------------------------------------------------------------------------- -->NOTICE TO REGISTRANT.--You are required by law to return this Questionnaire filled out in accordance with instructions contained herein within seven days from date of this notice. Failure to do so is a misdemeanor punishable by fine or imprisonment for one year and may result in the loss of valuable rights and in immediate induction into military service. (Date) ................................. ................................. Member of Local Board. ------------------------------------------------------------------------------- CLAIM FOR EXEMPTION OR DEFERRED CLASSIFICATION NOTE TO CLAIMANTS.--This form is to be used for claiming exemption or deferred classification by or in respect of any registrant and for stating the grounds of claim. Place a cross (x) in Column A opposite the division that states the ground of claim. Boards are required to consider only grounds thus indicated by the claimant in Column A. ------------------------------------------------------------------------------- Column A. Division CLASS 1. ------------------------------------------------------------------------------- ............. A Single man without dependent relatives. ............. B Married man, with or without children, or father of motherless children, who has habitually failed to support his family. ............. C Married man dependent on wife for support. ............. D Married man, with or without children, or father of motherless children; man not usefully engaged, family supported by income independent of his labor. ............. E Unskilled or not a necessary farm laborer. ............. F Unskilled or not a necessary industrial laborer. ............. G Registrant by or in respect of whom no deferred classification is claimed or made. ............. H Registrant who fails to submit Questionnaire and in respect of whom no deferred classification is claimed or made. ............. I All registrants not included in any other division...
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