state in their affidavits that they have personally known the applicant to be a resident of the United States for a period of at least five years, and of the state, territory, or district for a period of at least one year, provides also that they shall state in their affidavits "that they each have personal knowledge that the petitioner is a person of good moral character, and that he is in every way qualified in their opinion to be admitted as a citizen of the United States."

And paragraph 4 of the same section, providing that "it shall be made to appear to the satisfaction of the court" that the applicant for naturalization has behaved as a man of good moral character during his residence in the United States and the state, territory, or district for the period prescribed by the statute, also provides that "in addition to the oath of the applicant the testimony of at least two witnesses, citizens of the United States, as to the facts of . . moral character and attachment to the principles of the Constitution, shall be required;" and the name, place of residence, and occupation of each witness shall be set forth in the record.

To recapitulate: The applicant is required to verify his petition for naturalization by the affidavits of at least two witnesses, stating that they each have personal knowledge that he is a person of good moral character; and at the final hearing the petitioner is examined under oath, and, in addition, the testimony of at least two witnesses is required as to his moral character.

The law (Sec. 9) provides that upon the final hearing "the applicant and his witnesses shall be examined under oath before the court and in the presence of the court."

5. Final Hearing.

a. Time of.

Final action on petitions for naturalization shall be had only on stated days, to be fixed by rule of the court. In no case shall final action be had upon a petition until

at least ninety days have elapsed after filing and posting of notice of such petition. Sec. 6, Act of June 29, 1906.

The Act further provides that "no person shall be naturalized, nor shall any certificate of naturalization be issued by any court within thirty days preceding the holding of any general election within its territorial jurisdiction. Id.

b. Place.

Every final hearing upon petition for naturalization shall be had in open court before a judge or judges thereof. Sec. 9.

c. Procedure.

(A.) Appearance and Examination of Applicant and Wit

nesses.

Upon the day fixed for final hearing the applicant and his witnesses shall appear before the court and be examined under oath in the presence of the court. Sec. 9. The language of the law is "upon such final hearing of such petition the applicant and witnesses shall be examined under oath before the court and in the presence of the court."

In case the witnesses which the applicant when filing his petition for naturalization has named to be summoned in his behalf at the final hearing can not be produced upon the final hearing, other witnesses may be summoned. Sec. 5.

(B.) Appearance of United States.

The United States shall have the right to appear before any court exercising jurisdiction in naturalization proceedings for the purpose of cross-examining the petitioner and the witnesses produced in support of his petition concerning any matter touching or affecting his right to admission to citizenship, and shall have the

right to call witnesses, produce evidence, and be heard in opposition to the granting of any petition in naturalization proceedings. Sec. 11.

(C.) Proof of Residence and Behavior as Man of Good Moral Character.

The law provides that certain facts "shall be made to appear to the satisfaction of the court," viz: (1) That, immediately preceding the date of his application, the alien has resided continuously within the United States five years at least, and within the state or territory where the court is held one year. (2) That he has behaved as a man of good moral character, attached to the principles of the Constitution of the United States, well disposed to the good order and happiness of the same.

These matters are to be proved (1) by the oath of the applicant, (2) by the testimony of at least two witnesses, citizens of the United States. Sec. 4, par. 4.

(D.) Renunciation of Foreign Allegiance.

(i.) In General.

The applicant is also required, before he is admitted to citizenship, to "declare on oath in open court that he absolutely and entirely renounces and abjures all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, and particularly by name to the prince, potentate, state, or sovereignty of which he was before a citizen or subject." Sec. 4, par. 3.

To preclude errors in the name or title of the sovereign or state whose allegiance is renounced, the Bureau of Naturalization furnishes clerks of courts with a list of foreign countries and their rulers. See Appendix.

In Ex parte Smith, 8 Blackf. 395, where, in the oath of

renunciation, the sovereign was not specified by name, the omission was held not to be fatal.

(ii.) Filipinos and Porto Ricans.

Under the judicial interpretation of the law in force. prior to the Act of June 29, 1906 (Gonzales v. Williams, 192 U. S. 1), citizens of the Philippine Islands and Porto Rico were debarred from citizenship of the United States, as they were not aliens, and the naturalization laws of the United States only applied to aliens. To remedy this situation the Act of June 29, 1906 (Sec. 30), provides:

"That all the applicable provisions of the naturalization laws of the United States shall apply to and be held to authorize the admission to citizenship of all persons not citizens who owe permanent allegiance to the United States, and who may become residents of any state or organized territory of the United States, with the following modifications: The applicant shall not be required to renounce allegiance to any foreign sovereignty; he shall make his declaration of intention to become a citizen of the United States at least two years prior to his admission; and residence within the jurisdiction of the United States, owing such permanent allegiance, shall be regarded as residence within the United States within the meaning of the five years' residence clause of the existing law.”

As citizens of the Philippines and Porto Rico owe allegiance to the United States, they are not required to renounce former allegiance.

(E.) Renunciation of Title or Order of Nobility.

In case the alien has borne any hereditary title, or has been of any of the orders of nobility in the kingdom or state from which he came, he is required to make an express renunciation of his title or order of nobility in the

court to which his application is made, and his renunciation shall be recorded in the court. Sec. 4, par. 5.

(F.) Oath of Allegiance to the United States.

Before the applicant is admitted to citizenship "he shall declare on oath in open court that he will support the Constitution of the United States, and that he will support and defend the Constitution and laws of the United States against all enemies, foreign, and domestic, and bear true faith and allegiance to the same." Sec. 4, par. 3.

The applicant for admission to citizenship must be acquainted with the provisions of the Federal Constitution and in sympathy with its principles, otherwise he can not intelligently and truthfully declare that he will support it. Evans' American Citizenship, 27.

Where it appears, upon examination, that an applicant for naturalization is without such knowledge of the Constitution as is essential to the rational assumption of an undertaking avouched by oath to support it, his oath to support the Constitution should not be accepted, nor should the court admit an alien to citizenship without being satisfied that he has at least some general comprehension of what the Constitution is, and of the principles which it affirms. Re Bodek, 63 Fed. 813.

One who can not read or write English, but has read the Constitution in a foreign language, and knows that the United States has a President, but can not mention his name, does not understand the principles of the Government of the United States or its institutions sufficiently to become a citizen. Re Kanaka Nian, 6 Utah, 259, 4 L. R. A. 726, 21 Pac. 993.

But in the case of Re Rodriguez, 81 Fed. 337, the United States Circuit Court held that an alien who was ignorant and unable to read and write, and who could