Show citizenship DENIED I 1 niela iela honsen hansen applies for J papers J L I 1 judge powers refuses to grant r the request because alansen fails to answer certain questions L tile judge juldo c of the first district court refuses liim him citizenship and giitl renders the following opinion in ili the I 1 lie first judicial district court utah territory in tile the matter of tile the application of kids ansin to become 1 I citizen of the united states stales the court in the exercise of tile judicial uricial las has felt fell compelled to take it a position relative to the rights of persons to become citizens odthe oc the united states of so much importance port atice that it is proper to place upon the files of the court the reasons for the action taken one niels blausen a 1 resident of the county of san pete in utah territory applied to the court for admission as rl a citizen ile he hall had resided here the tory length of time and had declared ills his intention as required by the statute C lie ile stated that lie was attached to the principles of our constitution and of the laws of our country ile he also stated that he proposed to obe obey y all our laws those rel relating relation atio to poly polygamy amy add an d unlawful cohabitation t as well as 19 others but tit that th t lie 11 believed it right for a man to have living livina and wore more than one wile wafe and that this belief would prevent him front from ren rendering derin ft a verdict of guilty in ili a poly polygamy gamy ease case if he was called as a juror in m such case even if the proof should show the prisoner to bo be guilty be bc a reasonable doubt thereupon the court declined to admit him as a citizen for the reason that he ac was not competent to assume the burdens of citizenship lie ile a admitted d witted that he would violate the sanctity of his oath is as a juror on account of his private belief ile he satisfied tile court that he was riot not attached I 1 to 0 our laws or to the principles of oki our r constitution the court is satis satisfied fiod that the allegiance that v render reader to the go would be a qualified allegiance R while all will admit that lie I 1 is S entitled to his individual belief when it became apparent to the court that ins his belief would be par paramount amount ail and his fidelity to the laws and to the hie government secondary it became the duty of the court to refuse to admit liim jim as aci a citizen flun the power to naturalize by irlue of tile the act of congress is judicial in ili its iia nature titre it is a judicial power because upon evidence a conclusion has to bo be attained resulting from the exercise of the judgement jud gement of the court this is simple and rill clear enough without resorting to authority nevertheless I 1 wi will A call attention to the opinion of chief justice marshall in ili spratt vs spratt 4 t peters and also to lite alie case of ex parte knolia 5 cal the power to naturalize being 0 judicial it follow a that more is required of an ail applicant than that lie has resided wit liin the llie united stales the statutory period the blessings bestowed by our Govern government men t are biot to be 7 given to one who mho is unworthy irthy citizenship Is a 0 which no man has a ri right 0 ht to demand lei and in ili construing t alie lie acts of congress 0 upon tillon tile subject of naturalization the courts ought not to go beyond what is plainly written lit in re camille G daiv er 21 1 we adopt its citizens those uc be lenain longing to our race who ito coming comillo from from other oilier lands manifest attachment to our institutions arid and beshe to be incorporated with willi us its zi ii re look tin till sin sing 4 west coast rep before an ail applicant can call be naturalized zed the lie court must be zatis satisfied fied is as to ills his character C campbell vs gordon G cranch 11 the court is ested with u ith a bisci ilion elion and if it is convinced that the applicant is not attached to the prin lilies of our constitution ind and I 1 is not well disposed to the good order and id happiness of the sallie it should riot not naturalize him it has been claimed that all the like inquiry that like court can make is as to lo aliv applicants lie lic havior lii vior that tile alic words of the statute tute that lie he lias has behaved as a A man mail of g good moral ch character ir acter d to alic principles of tile united state still and well dipo disposed ed to lo the poll good order and hap li of tile limits the inquiry of the llie ll 11 11 tile mans be bc hainor baior but can call tills this be true la is this a i correct interpretation of I 1 lie statue in its letter aud and spirit ali ai idiot or lunatic inny have behaved properly but can call it be contended tit that it therefore tile llie court must naturalize him liis condition of mind I 1 think not I 1 think that a mail nho is so finn 1 t believer in use doctrine that a crime is rights right 0 that upon ap ulphin for naturalization lie an ail under cialli that lie he dould asi as i juror violate vio lilu his hia anth and render a verdict of not guilty in a t crim I 1 inal case cabo when tile pi bof showed the prisoner to lie ile guilty beyond a 1 I reasonable doubt is unil led ted to become a ci tieu lie ho is riot not i qualified fled to assume one of the burdens of citizen ship namely ti jury duly it would it seems to tile me bo be 1 n I judicial farce fane to bestow the inestimable gift of citizenship upon suli suil a ram man moreover courts are bound to take notice of the political and social condi conditi lillon tion of the llie countr country yR aich they j judicially L rule irwin irwia vs phillips Ihil lipa 2 cal UG merced mining company is s fremont 1 reumont 7 oin piny illy ss is bremont Freni ont 7 cal aa what is the political and social condition of this and liow does docs it bear upon iii the under con loll 1011 A large perc arta L of 0 f the llie people tire are vlola tri of the law a large gargu and vs helmin majority ut of tin the people openly C advocate ad locate tile alio liola tiou of law teach the that thero tire lire higher laws ulan the law of the lind and elloe anc re tile lan alws s s rules and in edicts chii ts ct the mormon church Chur cli till an organization pull lical n ull in I 1 its ts nature that luat virtually rules the pro cabs of the Oll rt is evaded arid and obstructed ted tile the of lite government are traduced traducer trad and reviled 1 et I 1 the sanctity of tile the oath administered in court is treated lightly ft arid anil many times limes nith contempt mill and people are arc that lual no wrong wron w is i com witted in refusing 0 to lo reco recognize nize their bandin binding nature lre A government m bin bai been formed fornic 1 within the government powerful and ii aggressive a dessive res sive aile allegiance lance to this 9 government overn ment is primary and allegiance alle 0 bance to the united states is of secondary importance in the belief of the people it is unnecessary to recount more fally tile the sit situation nation it ii apparent to the superficial ob observer the courts arc busy day after day trying those who have been maulit that it is right to violate the law lal V of tile the land this illis being the condition of affairs tile the answers of the applicant in ili this particular case have more force than they otherwise would and until I 1 niu am convinced by reason or authority or by the w mandate and tic of a lii higher gb C r C court 9 that I 1 am wrong wrong I 1 must refuse to naturalize the p present resent applicant or any oilier person who con convinces c s me in c that ile he is riot not attached to the principles of our On tuno 11 Po judge cuilo afe ir tovo nov 10 1885 |