No. that is the same. Paragraph 2 is slightly different. because there I say: "Any oath or affidavit required or authorized in this act may be taken before a judge. clerk. deputy clerk. or special deputy clerk of the courts named and specified in paragraph 1." that paragraph giving the same courts as the old act. before whom naturalization proceedings may be instituted. The object of this paragraph. gentlemen. is this (I cite cases because our experience comes from cases .which we have tried): I tried the case of a man who appeared as a witness in a naturalization case. He was a man who had appeared many times as a witness In order to obtain naturalization papers for his friends. In that case. appearing as a witness. he took the oath before the deputy clerk of the court issuing the certificate of naturalization. In it he swore that he had known the applicant for five years. which he must do under the statute. It was proved that he had not known him for five years. he had only known him for a month or two. The paper was held up. the certificate was not issued because of certain other facts that the judge found out. But inasmuch as the law of the State of New York allows an oath to be taken before the clerk or deputy clerk of a court. we contended that inasmuch as he had made a false affidavit In a naturalization proceeding he was subject to indictment In the Federal courts. At the first trial there was a disagreement by the jury. At the ascend trial he was convicted.
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naturalization