conditions are deferred by the Act. The Vice President, Governors, and officers of the National and State Governments are not even exempt, but are, 'while holding such offices, * * * deferred from training and service under this Act.' The Act also provides that no exception or exemption of deferment shall continue after the cause therefor ceases to exist. It is the legal duty, therefore, of every male citizen of the United States, within the age group, to serve, as and when ordered, except a minister of religion. Lehr v. United States, 5 Cir., 139 F.2d 919.
The Court in the case just cited did not have occasion to consider the problem now before this Court, but I believe the phraseology above expressed should be referred to and considered in disposing of this proceeding.
The obligation to render military service is inherent in citizenship and may be compared with the obligation of a father to support his children. Self v. United States, 4 Cir., 150 F.2d 745.
In the consideration of a case of this nature, I believe the Court must take notice of the psychological phenomena which existed during the war as compared with the condition which now exists. Many aliens and individuals who now desire citizenship, during the war pleaded their alien status in bar to the performance of military duty and are now found most vehement in their protestations of loyalty, and of their yearning to take up arms in defense of the country of their adoption. Fighting ceased approximately two years ago, and there is now no longer any danger attached to the tardy proffers of military assistance. When soldiers were needed, however, these fair-weather friends were to be found tying the hands of the local draft boards through pleading their alien status. It is known now, their war records as made up by their questionnaires and applications made from time to time, work an injustice due to the fact that the claims made therein are inconsistent with their real mental attitude. Claim is made that in very considerable numbers of instances, more or less incompetent scriveners had been employed by the draft boards and that said employees did not properly instruct, advise or explain to registrants the meaning and provisions of various forms or questionnaires which were signed. The Selective Service Act, however, placed on the registrant the duty of acquainting himself with all requirements under the Selective Service. When the registrant signed and swore to a questionnaire or any other forms which he saw fit to request, that document became his writing, and all responsibility for what may be contained therein was assumed by him.
It does not seem fair or reasonable to me at this late date that an individual should escape the consequences of declarations against interest contained therein, by any resort to impeachment of what may have been set forth in a questionnaire or in a form which might have been executed. This petitioner was forty-four years of age, had lived in this country for approximately 30 years and should have had sufficient intelligence and knowledge to know or inform himself of his various responsibilities and obligations under the law.
There appears in evidence a copy of a letter, under the signature of the petitioner, written to the Immigration and Naturalization Service at Philadelphia, Pennsylvania, on May 12, 1943, which indicates marked intelligence and full awareness of the proper method of expression to use in explaining a problem which existed.
I do not believe this petitioner was sincere when he stated that he did not understand what he was executing when he went to his Local Draft Board and asked to execute Form 301 which exempted him from military service as a citizen of the neutral country of Spain. No man, in my judgment, can live in the United States for 30 years and not understand and realize the responsibilities and duties of a true blooded American when this country is engaged in the conflict of war which was so great in nature that this democracy was threatened with destruction. The explanation given by the petitioner is not sound, fair, or susceptible of reason. When his employer, friends and associates learned of the actions of the petitioner and turned the procedure which he did in withdrawing the application which he had filed. No matter where he might have gone, it would have been made known sooner or later. I believe that if his actions had not been made known to his employer, he would have rested on his rights and had been exempted from military service on the basis of the application which he filed. He would have failed to carry out his responsibility to serve his country at the time of dire need.
It is my belief that those who came to America, not as mere sojourners, but with the intention of remaining here, making this land their home, availing themselves of the protection afforded by this government, and enjoying the opportunities derivable by virtue of its protecting care, owe at least a moral obligation to assist this government whenever it should be in need of their service. In consequence, with respect to those falling in that category who claimed exemption from the draft during World War II on account of the fact that they were citizens of a neutral country, whether they had previously executed a Declaration of Intention to become a citizen or not, I believe should be denied American citizenship on the ground of want of loyalty. They were so little concerned with their sense of obligation to their adopted land and its necessary defense that, in the exercise of the wide discretion conferred upon this Court, I cannot find it in my heart, in the face of their claimed exemption, although withdrawn when faced with embarrassment, to receive such a person into American citizenship. Such a person is not fitted for acceptance into the great American household of faith. In re Linder, D.C. 292 F. 1001.
The Court believes that it would be improper to read into this Act provisions which do not exist. The remedy, therefore, exists in the legislative branch of the government to expressly state that under circumstances such as exist in this case, an individual should not be debarred from citizenship.
The Petition for Naturalization is, therefore, refused. An appropriate order will be filed herewith.