In re Brash

• Decision Date: 05 September 1916
• Docket Number: 2890.
• Citation: 235 F. 1003
• Court: U.S. District Court — Western District of Washington
• Parties: In re BRASH.

235 F. 1003

In re BRASH.

No. 2890.

United States District Court, W.D. Washington, Northern Division.

September 5, 1916

Will H Thompson, of Seattle, Wash., for applicant.

John Speed Smith, Chief Naturalization Examiner, of Seattle Wash., for the Government.

NETERER District Judge.

Charles Brash, an alien, came to the United States October 13, 1875 and to the territory of Washington, October 21, 1880, on which day he declared his intention to become a citizen. In his petition, filed June 21, 1915, he alleges continuous residence in the United States since June 20, 1910, or 5 years preceding the date of the filing of the petition. Applicant, after filing his declaration of intention and taking the oath referred to, and after residence of six months, became an elector of the territory (section 3050 Code Wash. Ter.) and voted at the elections thereafter, and on admission of the territory November 11, 1889, by constitutional provision this franchise was continued (section 1, art. 6, State Const.) and he on oath states that he was advised by the then United States District Attorney, after the admission of the territory as a state, that he possessed all the rights which naturalization would give, and that it was unnecessary to pursue his naturalization further, and believed himself to be a citizen. About 21 years ago the applicant was employed by a concern in San Francisco, and required to move to Victoria, B.C., and with his family, consisting of wife and several children, removed to Victoria, B.C., where he resided with his family during the entire time until 1915. He secured and furnished his home; his children grew to maturity. No residence of any kind or character or place of residence was maintained in Washington or the United States. He did not leave any personal effects in the United States. He acquired some real estate in the United States, which he still holds. He never exercised the rights of franchise in Washington after his removal to Victoria; nor did he exercise any such rights in Victoria. He was frequently called to Portland, San Francisco, and Seattle on business. On the death of President McKinley he joined with United States citizens in Victoria in memorial exercises. On the Fourth of July he would decorate his residence with the United States flag, as would citizens of the United States. I am satisfied that the petitioner is a man of good moral character and attached to the principles of the Constitution of the United States.

Objection is made by the Chief...