47 F.Supp. 622 (W.D.Mo. 1942), 1278, United States v. Baumgartner

Docket Nº:1278.
Citation:47 F.Supp. 622
Case Date:November 11, 1942
Court:United States District Courts, 8th Circuit, Western District of Missouri

Page 622

47 F.Supp. 622 (W.D.Mo. 1942)




No. 1278.

United States District Court, W.D. Missouri

Nov. 11, 1942

Maurice M. Milligan, U.S. Atty., and Richard K. Phelps, Asst. U.S. Atty., both of Kansas City, Mo., for plaintiff.

John Rhodes (of firm of Bowersock, Fizzell & Rhodes), of Kansas City, Mo., for defendant.

OTIS, District Judge.

In this proceeding, which has been brought under the appropriate statute to cancel a certificate of naturalization, I make the following formal findings of fact. 1. Carl Wilhelm Baumgartner became a naturalized citizen of the United States September 26, 1932, on an application filed May 16, 1932. 2. To obtain naturalization he swore in open court that he renounced all fidelity to any foreign state and particularly to The German Reich and that he would bear true faith and allegiance to the Constitution and laws of the United States. 3. At the very time he took that oath he accepted as sound and believed to be righteous the principles of government then advocated and thereafter put in practice by Adolph Hitler, his real loyalty was to those principles. 4. Hitler's principles are diametrically opposed to those of the United States. Hitler believes in dictatorial rule, not in government 'of the people, by the people and for the people. ' Hitler despises and has destroyed, where he could, representative government. Hitler asserts the Nazis are superior to other men, entitled to superior privileges, that America's doctrine that 'all men are created equal' is the raving of idiots. Hitler, by his tools, puts to the torch cathedrals, synagogues and churches; desecrates the lodges of Free Masons; burns libraries and books; imprisons priests, rabbis, clergymen; tortures the old, the weak, the young, if they are not of his so-called 'superior' race; robs helpless individuals of minorities of their property, sends them penniless into exile, murders hundreds

Page 623

of thousands of them in cold blood. Hitler enslaves millions, tramples under foot peoples who were free, who asked only that they might live in freedom; perverts and debases the minds and souls of young men and young women. Baumgartner has approved in his own handwriting, either expressly or by inference, all these infamies. He defends them. He says that Hitler's end justifies Hitler's means.

Baumgartner's own testimony has destroyed a contention he might have...

To continue reading