Mr. President. in the Schwimmer case citizenship was denied in the United States District Court to a woman applicant for naturalization. about 50 years of age. who said she would not agree to take up arms for this country. The district court refused naturalization. The circuit court of appeals considered her statement immaterial because women are considered incapable of bearingarms. A majority of the Justices of the United States Supreme Court were of the opinion that Mrs. Schwimmer lacked. in Mr. Justice Butlers words. " that attachment to the principles of the Constitution of which the applicant is required to give affirmative evidence by the Naturalization Act." Mr. Justice Holmes and Mr. Justice Brandeis dissented. and. in the course of the dissenting opinion.
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