In re Madsen
In re Madsen
Opinion of the Court
delivered the following opinion:
1. The applicant, Christian Madsen, came to Porto Eico in 1911 and Has lived here ever since that time excepting five months on business in the Dominican Eepublie and two short vacations in the United States. The short vacations present no difficulty, as the Naturalization Law, like every other law, is made for average people, and in America at least it is not customary for men to stay five years in one town. The absence in
It would seem, therefore, that the temporary absence in question is not material.
2. The law requires five years’ residence in the United States, but only one year’s residence in the district of application immediately before the application. Applicant’s previous residence on the mainland of the United States is in conformity with the law.
3. One witness was himself absent from Porto Eico for a while, and the question arises whether, under those circumstances, he can testify to petitioner’s residence in Porto Eico at that time. The witness in question knew Madsen very well, and testifies to having received frequent letters from him postmarked Porto Eico, and themselves containing statements and references showing that Madsen was a resident of Porto Eico at the time they were written. The witness knew petitioner’s handwriting, and the letters were part of the regular correspondence, being in answer to letters sent by the witness. The construction of law is that letters received in due course of mail are prima facie genuine and their contents are admissible, it
It is so ordered.
Reference
- Full Case Name
- RE CHRISTIAN MADSEN
- Status
- Published