In re Bischof
In re Bischof
Opinion of the Court
The petitioner, having served one enlistment in the United States marine corps and having been honorably discharged from service, applied for naturalization, and his vouching witnesses made affidavit to his residence for a term of three years within the Territory of Hawaii. Upon the hearing of the petition, the assistant United States attorney raised the query whether the full five years’ residence required in ordinary cases by subdivision “fourth” of section 4 of the naturalization act, 34 Stat. 596, as amended, must not be shown by the affidavit.
Under the practice, as I understand it to have been observed heretofore in similar cases, the statute applying to the navy and marine corps, 28 Stat. 124, has uniformly been interpreted as entitling those who have received án honorable discharge after having served the specified length of time, to admission to citizenship without other proof of residence. See Van Dyne, Naturalization, 110. The statutes enacted for the benefit of those in the service of the army, navy and marine corps were not repealed by the general naturalization act of June 29, 1906, 34 Stat. 596. Bessho v.
“Any alien of the age of twenty-one years and upward who has enlisted or may enlist in the United States Navy or Marine Corps, and has served or may hereafter serve five consecutive years in the United States Navy or one enlistment in the United States Marine Corps, and has been or may hereafter be honorably discharged, shall be admitted to become a citizen of the United States upon his petition, without any previous declaration of his intention to become such; and the court admitting such alien shall, in addition to proof of good moral character, be satisfied by competent proof of such person’s service in and honorable discharge from the United States Navy or Marine Corps.”
This is exactly the same as the provision of Rev. Stat. sec. 2166, relating to soldiers, except that it omits any reference to proof of residence. It is thus significant that the statute in question does not say “the court admitting such alien, shall in addition to proof of good moral character, and residence, be satisfied by competent proof of. such person’s service and honorable discharge from the United States Navy or Marine Corps.”
So far as the reference to previous declaration of intention is concerned, it seems that this is added merely to remove any doubt of the necessity of such declaration, and
The prayer of the petition is granted.
Reference
- Full Case Name
- IN THE MATTER OF THE PETITION OF ERNST BISCHOF FOR NATURALIZATION
- Status
- Published