MUST “SPEAK” THE ENGLISH LANGUAGE
The applicant must be able to “speak the English language”—this is required by the law. It is enforced with a great variety of degrees of strictness. Many an alien can understand what is said to him in English long before he has gained facility in speech. Also, in the majority of cases, especially where he is confronted by a stern and perhaps hostile judge, or one disposed to treat immigrants with contempt or ridicule, and a fiercely zealous naturalization examiner bent upon having the petition denied if possible, he is promptly tongue-tied by stage fright. It is common for the petitioner to tell the court, through his witnesses or the interpreter, that he knows what a certain question means and the answer to it, but cannot express it in English. Many of the questions call for a simple “Yes” or “No,” but a frightened or unintelligent applicant, who has learned certain things by rote, may glibly answer “Yes” to the questions which ought to be answered by “No,” and vice versa. There was a fellow in Leadville, Colorado, who for a long time occupied the status of witness for nearly all the Austrians who applied in that place for naturalization, and who to a large degree superintended their training for the examinations. After a while it was discovered that he had a system by which he dictated the answers to the questions, kicking the petitioner in the ankle when the answer should be “Yes,” and nudging him with his elbow when it should be “No.”
Both judges and examiners vary greatly in their interpretation of what constitutes ability to “speak English.” Some give the petitioner the benefit of doubt and make large allowance for natural embarrassment and fright. Others, as one judge frankly says, “construe everything against the applicant,” on the ground that citizenship is a precious privilege which should be accorded to as few as possible, and only to those about whom there can be no question. The court may accept a grunt, a shrug, a gesture, a shake of the head, as indicating a sufficient understanding of the question.
Generally the judge is humane. There was a case in Arizona in which a mild-looking Mexican insisted that he was both an anarchist and a polygamist—plainly showing that he imagined the terms, about which he was sharply asked, to represent qualities which he must possess. The judge knew the man; that he was of good conduct, conventional ideas, and married to one wife.
“How many women are you married to?” he asked.
“Oh, only one!” cried the man, adding for good measure, “maybe one is too many!”
“Would you kill a man you didn’t like? Would you blow up a house, or shoot a sheriff?”
“No, no, no! Me never kill nobody! Me never blow up nobody’s house! Me never hurt nobody!”
Between the morning and afternoon sessions of the court the Mexican was quietly interrogated and readjusted, and the court admitted him. In thousands of cases, not so picturesque, the applicant called upon for relatively elaborate views about theories of government, and even more abstruse matters, is either bewildered or on general principles deems it safer to remain silent; in which case the impression of the court, and his action upon it, depend very much on the personal equation, the humanity, and common sense of the judge.
A deaf-mute is exempt from the requirement of ability to “speak” English; so is an alien who has made entry for a homestead on the public lands. The latter can make his entry immediately upon filing his declaration of intention; but he cannot complete his title until he is fully naturalized. A few courts virtually ignore this exemption, and require the homesteader to speak English and pass the other educational tests. Generally the judges are lenient with such people.
The law does not require the applicant to be able to read English; but there is an increasing tendency in the courts to require it regardless of the law. After all, the judge is the final arbiter; he must be satisfied that the applicant is “in all respects qualified to be a citizen,” and, if he chooses to regard a person who cannot make sense out of a current newspaper as not thus qualified, he can deny the application on general principles. The whole matter of educational qualifications varies widely in different jurisdictions, largely because of the absence of a definite standard of knowledge, intelligence, and general ability established either by Act of Congress or by the Naturalization Service.