In re Loen

• Decision Date: 27 December 1919
• Docket Number: 5943.
• Citation: 262 F. 166
• Court: U.S. District Court — Western District of Washington
• Parties: In re LOEN.

262 F. 166

In re LOEN.

No. 5943.

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

December 27, 1919

John Speed Smith, Chief Naturalization Examiner, of Seattle. Wash.

NETERER District Judge.

This applicant, at the time of registration for war service was 23 years old. He had declared his intention to become a citizen of the United States. For the purpose of avoiding military service, he surrendered his declaration of intention to the Norwegian consul, to be forwarded to the department at Washington, D.C., and made an affidavit of his willingness to return to his native country, in support of his exemption claim, on the ground of being an alien. His exemption was disallowed by the local board, and he was inducted into the army at Camp Lewis, and before his claim could be acted upon by the departments at Washington, D.C., the armistice was signed. During the time applicant was in the service, he declined to become a citizen, although requested to do so at Camp Lewis. He knew that during the time he was at Camp Lewis special sessions of United States court were held at Camp Lewis for the convenience of soldiers to become citizens, and many thousands were naturalized.

Applicant filed his application for citizenship under Act July 19 1919, c. 24, Sec. 1. Section 4 of Act June 29, 1906, c. 3592, 34 Stat. 596 (Comp. St. 4352), provides that any alien may be admitted to citizenship who immediately prior to his application 'has resided continuously within the United States for five years, and within the state where the court is held one year, and that during the time he has been 'a man of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the same. ' Section 4 subd. 1, of this act, provides that an alien shall declare on oath before the clerk of any court authorized to naturalize aliens, two years at least prior to his admission, that it is bona fide his intention to become a citizen of the United States, and a willingness to forfeit all allegiance and fidelity to foreign sovereignty. This act was amended May 9 1918 (40 Stat. 542, c. 69 (Comp. St. 1918, Sec. 4352)), by adding the seventh subdivision, by which it is provided:

'Any alien serving in the military or naval service of the United States during the time this country is engaged in the present war may file his petition for naturalization without making the preliminary declaration of intention, and without proof of the required five years' residence within the United States.'

On July 19, 1919, this subdivision 7 was amended by providing that--

'Any person of foreign birth who served in the military or naval forces of the United States during the present war, after final examination and acceptance by the said military or naval authorities, and shall have been honorably discharged after such * * * service, shall have the benefits of the seventh subdivision of section 4 of the act of June 29, 1906 * * * as amended, * * * and this provision shall...