The Federal Reporter with Key-Number Annotations, Volume 250: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, August-October, 1918. Page: 1,008
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250 FEDERAL REPORTER
sales would fail, and many delays and much expense be entailed, should
purchasers be relieved of their bids on such grounds as are here pre-
The order of the referee is affirmed.
In re WEISZ.
(District Court, N. D. Georgia. March 21, 1918.)
ALIENS 4 =61-NATURALIZA"TION ME OF APPLICATION."
In Rev. St. 2171 (Comp. St. 1916, 4362), which provides that "no alien
who is a native citizen or subject, or a denizen, of any country, state, or
sovereignty with which the United States are at war, at the time of his
application, shall be then admitted to become a citizen of the United
States," the words "at the time of his application" reter to the time when
the application for citizenship is properly bled in the oftic of the clerk
of the court in the district of which he is at the time a resident.
In the matter of the application of Eugene Weisz for naturalization.
Applicant in pro. per.
Hooper Alexander, U. S. Atty., and J. W. Henley, Asst. U. S. Atty.,
both of Atlanta, Ga.
NEWMAN, District Judge. The applicant for naturalization here
was born in Hungary and is a native of that country. The United
States declared war against Austria-Hungary, the proclamation being
dated December 11, 1917. This man's application for naturalization
was filed before that time, to wit, on December 4th. He and his wit-
nesses have been examined thoroughly in open court, and I think he is
entirely loyal to the United States in every way, and will do his full
duty as a soldier for our government. He was for many years an
enlisted man in the United States army and was recently appointed a
lieutenant in the army.
The question which arises in his case, and the only question, really,
is whether or not, under section 2171 of the Revised Statutes, he is
entitled to be naturalized, notwithstanding his nativity in a country
with which the United States is now at war. The act of Congress em-
bodied in that section (section 2171) is:
"No alien who is a native citizen or subject, or a denizen, of any country,
state, or sovereignty with which the United States are at war, at the time of
his application, shall be then admitted to become a citizen of the United
The courts have differed about what is "the time of application" con-
struing this law properly. Some United States courts have held what is
to me the natural and proper construction of this language, "at the time
of his application," as being the time he files his application for citi-
zenship properly in the clerk's office of the court in the district of which
he is at the time a resident. Some other courts have held that the
"time of his application" is the time that he appears in open court to
<cjFor other cases see same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes
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The Federal Reporter with Key-Number Annotations, Volume 250: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, August-October, 1918., legislative document, 1918; Saint Paul, Minnesota. (digital.library.unt.edu/ark:/67531/metadc38821/m1/1023/: accessed May 26, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.