In re Hollo

• Citation: 206 F. 852
• Decision Date: 02 June 1913
• Docket Number: 909.
• Parties: In re HOLLO.
• Court: U.S. District Court — Northern District of Ohio

206 F. 852

In re HOLLO.

No. 909.

United States District Court, N.D. Ohio, Eastern Division.

June 2, 1913

H Hughes Johnson, of Cleveland, Ohio, for applicant.

U. G Denman, U.S. Dist. Atty., and Cary Alburn, Asst. U.S. Atty both of Cleveland, Ohio, for the United States.

DAY District Judge.

Edward Hollo, the applicant for naturalization, was born in Hungary, March 17, 1885, and entered the United States on or about the 6th day of October, 1906, being then an alien and a subject of the king of Hungary. On December 10, 1912, he filed his petition for naturalization in this court, and attached to said petition what purported to be a certificate of landing in the following form:

'Certificate of Arrival-- For Naturalization Purposes. (For use of aliens arriving in United States after June 29, 1906. To be issued immediately prior to petitioning for naturalization.)

'Department of Commerce and Labor.

Immigration Service. Serial No. 721,481.

'1404

'Filed December 10, 1912.

'B. C. Miller, Clerk, U.S. District Ct., N.D.O.

'Port of Cleveland, Ohio.

'The immigration records at this port show the following as to the alien named below:

'Edward Hollo.

'Date of Arrival: Oct. 6, 1906.

'Name of vessel: Kaiserin Augusta Victoria.

'Line: Ham.-Amer.

'Correspondence with Com'r of Immigration New York shows alien deserted ship at New York on Oct. 6, 1906, under name of Alex Gingery, native of Italy.

J. A. Fluckey, '(Title) Inspector in Charge.'

Indorsement:

'The above-named alien entered the United States without inspection. This certificate is not based upon registry of the alien at the time of entry, but from information acquired at a hearing subsequent thereto at the Cleveland immigration station.

'It is granted solely for the purpose of allowing the alien to file a petition, so that the court in which such petition is filed may judicially determine whether the certificate of arrival required by section four must be made up from the registration prescribed in section one of the naturalization act. This point should be brought to the attention of the court in every case in which it is used.'

At the final hearing of his petition it appeared in evidence that the applicant deserted the Hungarian army and came to the United States under the name of Alexander Ginzeri, a native of Italy; that he used the passport of said Ginzeri, was employed in the kitchen on the steamship, came as a member of the crew, then he deserted the ship at New York Harbor, and entered this country without inspection.

Section 1 of the Naturalization Act of June 29, 1906 (34 Stat. 596, c. 3592 (U.S. Comp. St. Supp. 1911, p. 124)), provides in part as follows:

'That it shall be the duty of the said bureau to provide, for use at the various immigration stations throughout the United States, books of record, wherein the commissioners of immigration shall cause a registry to be made in the case of each alien arriving in the United...