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: 1,009
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have his application passed upon. The cases which take the former
view are In re Kreuter et al. (D. C.) 241 Fed. 985, decided by Judge
Trippet, in California, and In re Nannanga (D. C.) 242 Fed. 737, de-
cided by Judge Speer in the Southern district of Georgia.
The principal case, and the strongest case, for the reasons which will
be named, is the case of United States v Meyer, 241 Fed. 305, 154 C.
C. A. 185. That case was decided by at least two District Judges in
the District Court, because in the option m the Circuit Court of Ap-
peals, to which it went, the judgment of the District Court is referred
to as being by the "judges," in the plural, indicating that more than one
judge had passed upon it in the District Court; but I am unable to
find that decision, except as it is referred to and quoted in the decision
by the Circuit Court of Appeals. The judgment of the District Court
was affirmed by the Circuit Court of Appeals, and the opinion is the
one to which I have referred. 241 Fed. 305, 154 C. C A. 185. It is
there held by a majority of the court, Judge Hough dissenting, that the
time the application is filed in the clerk's office is to be considered in
action taken under this section. This, as I have stated, is the only de-
cision by a Circuit Court of Appeals, so far as I have found, in the
reports, and I think should control in this matter.
The decisions to the contrary are a decision by Judge Geiger (In re
Naturalization of Subjects of Germany [D. C.] 242 Fed. 971), by Judge
Rose (In re Jonasson [D. C.] 241 Fed. 723), and by Judge Neterer (In
re Duus [D. C.] 245 Fed. 813).
There is no question whatever in my mind, except the opinions of
the learned judges who have held to the contrary, that "at the time of
his application," as used in this section, refers naturally and necessarily
to the time he makes his application for naturalization To give it any
other construction, it seems to me, would be doing violence to the
words, and giving an interpretation to the language which was not in-
tended by Congress. At all events, I shall be controlled by the decision
of the only Circuit Court of Appeals which has passed on the question;
the District Judges in the various districts, who have had this matter
under consideration, being divided on the subject.
The applicant having otherwise satisfied the court that he is of good
character, of the fact that he has been twice honorably discharged from
the army of the United States, with "excellent" on each discharge, and
that he is entirely loyal to the United States, and will render it prop-
er service if called upon, even against the country where he was born,
I think he is entitled, under the statute, to be naturalized, and he will
accordingly have the oath administered to him and receive his certificate
IN RE WEISZ
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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/m1/1024/: accessed June 25, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.