Слике страница
PDF
ePub

children of our country while they are of tender years and in close and constant association with their mothers; and WHEREAS, It is discretionary and within the province of the various Justices of the Supreme Court of this State to determine as to the eligibility of aliens applying for citizenship, at the various Special Terms held for this

purpose;

Now, Therefore, Be It Resolved, That it is the sense of this Association that the various Supreme Court Justices. of the State of New York be and they are hereby requested to inquire into and determine as to whether male. applicants for citizenship are married, and if it is found that such applicants are married, that before permitting such applicant to become a citizen of our country that he be required to produce his wife before such court, and that said court then inquire into and determine as to whether such wife is possessed of such knowledge and recognition of the obligation, duties and privileges of citizens as to satisfy such Justice that she would be an acceptable and desirable citizen; and

Be It Further Resolved, That the Secretary of this Association cause copies of this resolution and its preambles to be printed and mailed to each of the Justices of the Supreme Court of the State of New York."

The President:

There being no objection, it is so referred.

William J. Baker, of Rochester:

Also the following resolution:

"WHEREAS, Under the present laws of the United States alien women acquire citizenship upon the naturalization of their husbands; and

WHEREAS, Under said laws a female citizen of the United States forfeits her United States citizenship by marrying an alien; and

WHEREAS, Society has developed as to generally recognize women's rights of citizenship;

Now. Therefore, Be It Resolved. That the Legislative Committee of this Association be and hereby is author

ized and directed to prepare such proposed legislation for introduction in the Congress of the United States as will be amendatory of the present laws as to provide that the citizenship of a woman shall be declared to be independent of that of her husband; that male and female aliens shall be required to qualify for naturalization independently, and that if a female citizen of the United States shall marry an alien she shall not thereby forfeit her United States citizenship unless such female citizen quits the United States for the purpose of making her permanent residence in the country of her husband or by her own act she shall so declare such forfeiture."

The President:

The resolution will go to the Legislative Committee.

J. Noble Hayes, of New York:

On behalf of the Committee on Judicial Statistics, I would say that the Committee did not take any action last year or the year before on account of other matters in the Legislature, but the Committee would like to have its authority continued with power to introduce a bill at this session of the Legislature. I make that motion.

The motion was duly carried.

Wilbur F. Earp, of New York:

Mr. President, I have a resolution to offer which I will present now, if I may:

"WHEREAS, The principle involved in the manner of the adoption of the so-called 18th Amendment to the Constitution of the United States, as well as the intent of the attempted amendment, transcend the mere question of liquor prohibition; and

WHEREAS, The manufacture, sale and use of intoxicating liquors, the regulation and the prohibition thereof, are peculiarly rights reserved to the several States and to the people of the several States, so recognized and exercised before and since the adoption of the Constitution; and

WHEREAS, At least three of the States have refused to ratify the so-called 18th Amendment; and

WHEREAS, The retention by the people of the several States of all sovereign rights not delegated under the Constitution is unquestioned; and

WHEREAS, The principle of amendment as heretofore understood does not cover the bringing in of new matter; and

WHEREAS, This principle has been observed in all instances of amendment since the bill of rights was adopted, save in the case of the 13th Amendment (14th and 15th being corollaries thereof), which was added to the Constitution to prevent any question in the future as to the effect of the War and the President's proclamation of emancipation,' and was made a part of the Constitution through victory at arms and not by virtue of any power of peace in the people or in the provisions of the Constitution; and

WHEREAS, Acquiescence in this form of so-called amendment will put in jeopardy the right of local selfgovernment in every detail; and

WHEREAS, The New York State Bar Association deems it a high duty resting upon lawyers to point out to the people the dangers attendant upon the violation of the American idea of government;

Therefore. Be It Resolved, That the movement by means of this so-called 18th Amendment to the Constitution of the United States, to take away from the people of several of the sovereign States the right to regulate and enforce the police power within their jurisdictions, without their consent, has no warrant in anything heretofore recognized as law; is destructive of our fundamental law, and is contrary to public policy; and the use or non-use of intoxicating liquor is not involved, except to the extent. that it is intended to coerce the people of those States which have not consented to the addition of an ordinance relating to police power of the Constitution."

The President:

The resolution will be referred to the proper committee.

Abraham Benedict, of New York:

I would offer an amendment, that the resolution be referred to the Committee on Law Reform.

Wilbur F. Earp, of New York:

It is a vital matter that ought to be considered now.

Waldo G. Morse, of New York:

I move as an amendment that the resolution be voted upon

now.

Henry A. Forster, of New York:

I second that motion.

The President:

The question is upon the amendment, now made and seconded, that this resolution be voted upon at this time.

Charles E. McCarthy, of Troy:

I thought it was understood that this resolution was subject to be read and then referred to a proper committee.

The President:

When there is a motion made to adopt it.

Abraham Benedict, of New York:

My motion was that the resolution be referred to the Committee on Law Reform, and then Mr. Morse moved as an amendment that we vote upon it now. My motion was seconded, and I submit that is the question before the house.

The President:

All in favor of referring the resolution to the Committee on Law Reform will say aye; opposed, no. The ayes have it, and the resolution therefore goes to the Committee on Law Reform.

The Secretary:

Mr. President, I have a communication from the Secretary of the Rochester Bar Association relative to the report of its

committee to investigate the matter of statutory costs, etc.. and ask that it be referred to the Committee on Law Reform.

The President:

If there is no objection that may be done. The chair hears no objection, and it is so ordered.

Oscar W. Ehrhorn, of New York:

Mr. President, is it possible to have Mr. Earp's resolution sent to the Committee on Law Reform so that they may report upon it by to-morrow, and then we can have an opportunity to act upon it?

The President:

Of course, that is in the control of the Association, if the Association wishes to direct the Committee to act upon it and report to-morrow.

Oscar W. Ehrhorn, of New York:

Then, sir, I move that such direction be given.

Henry A. Forster, of New York:

I second that motion.

Charles A. Boston, of New York:

Before that motion is voted upon I should like to have Mr. Ehrhorn clarify it. Does he wish it reported for action before the house after we have passed upon the recommendations already before the house in the report of the Committee on Law Reform?

Oscar W. Ehrhorn, of New York:

As long as the Committee makes a report so that we can discuss it, I am not particular where it comes in.

The President:

Gentlemen, you have heard the motion which has been made and seconded, that the Committee on Law Reform be directed to make a report upon Mr. Earp's resolution which has been

« ПретходнаНастави »