Show DEOLA declarations RATIONS OF WE understand that some persons who wish to be considered consider ud learned in the I 1 law aw and who are anxious to lay stumbling blocks in the way of aliens in this territory who wish to obtain their first papers of naturalization have been very busy of late trying to bring discredit upon the doings of or the clerk of the supreme me court in regard to his manner of receiving declarations of intention the th c ca clerk erk ork has appointed a deputy or deputies who receive applications of aliens and I 1 isado abue asue papers to them bearing hearing the seal of the court without requiring them to come COMB into open court in th thib this a city at much trouble and expense this is a great accommodation to people living distances from town and no one is injured thereby the only question therefore that should be raised about it is whether or not it is legal we have explained the law hearing on this subject on two previous occasions but will refer tolt to ib again with quotations the old lawas lawns it appears a in the revised statutes 0 of the united states section 2165 reads thus an alien may be admitted to become a citizen of the united states in the following manner and not otherwise first he ile shall declare on oath before a circuit or district court of the united states or a district or supreme court of the territories or a court of record of any of 0 the states having common law jurisdiction and a seal and clerk two years at least prior to his admission that it is bona fide his intention to beco moa mea citizen of the united states and to renounce for ever all allegiance and fidelity to any foreign prince potentate state or sovereignty and particularly p by name to the brince prince potentate state or sovereignty of which the alien may be at the time a citizen or subject from this it would appear that declarations of intention must be made in open courland cour tand we presume that this is what the wiseacres wise acres who want to make trouble ground their objections upon but we take pleasure in informing them that a law has been enacted amending the above section it was passed feb 1876 and is as follows without the usual enacting clause that the declaration of intention to become a citizen of f the united states required by section two thou thousand one hundred and sixty five of the revised statutes of the united states may be made by an alien before the clerk of any of the courts named in said sald section two thousand thou one hundred and sixty five and all such declarations here tolore made before any such clerk are hereby declared as legal and valid as if made before one 0 of if t the h e courts named in said section approved feb 1 1876 this settles the matter BO so far as the clerks of the supreme and district courts are concerned they may receive the declarations ol 01 intention and issue their certificate a without requiring the applicant to appear in open court but it may be argued that this does not give any authority to a deputy cleric clerk to act in the premises promises premi seb seg the answer to this is that a statute of this territory approved feb 16 1870 provides as follows that the clerks of the various courts and county recorders of this territory are hereby authorized to appoint deputies for whose acts they shall be responsible said baid deputies shall have power to perform all the acts and duties which the principals have right to perform in their official capacities and to demand and receive the same fees eeb ees aa as their principals pais paJa for so doing compiled laws of utah this statute was in force close upon six yearb years before the act of Congress conferring upon the clerks of the courts the right to receive dechi declarations rations of intention out of courtway cour pa sed ased the legislature of the territory has no right to pass laws on the naturalization of aliens that power rests entirely with the congress of the united states but the legislature does possess the authority to pass regulations in regard to the district and supreme courts including the goway poway of their clerks the assembly has hes given the clerks the right to appoint de deputies with authority to act in all respects as their pals and congress bas liaa extended to the clerks lue tho power to issue first papers to aliens allen a without their heir appearance pea pe arance in court the whole matter is plain and clear the clerk and his deputy have been acting within the limits of the law in this matter and those who have received their certificates in the manner referred to need be under no apprehensions of trouble in conclusion we repeat what we have havo explained on a former occasion ion aliens may declare their intentions tent ions to become citizens just as soon as they wish to do so BO after arriving in this country aud aud and ne need ednot not wait as some suppose until they have resided here three years the law says bays this declaration must be made two years at feast least prior to his admission but does not specify any length of residence detore below making that declaration female aliens have equal privileges with male aliens in declaring their intentions and obtaining their first papers and we advise all those of both sexes who have not yet made application or taken the first step towards citizenship to do so without needless delay we make these explanations not for the benefit of officials who a harvest of fees but for the good of the public and especially of persons who have not resided long iong in the country and are not ja familiar with its laws |