In re Meakins

Decision Date04 September 1908
Docket Number5.
Citation164 F. 334
PartiesIn re MEAKINS.
CourtU.S. Court of Appeals — Ninth Circuit

A. G Avery, U.S. Atty.

WHITSON District Judge.

This matter arises upon the petition of Joseph Meakins to become a citizen of the United States. At the time fixed for the hearing, pursuant to notice duly given, the petitioner appeared with his witnesses. Upon examination his moral character and residence were established by competent proof. As to the existence of the Constitution of the United States the reason for its adoption, the organization of the government, the causes which led to it, the methods provided for the enactment and enforcement of the laws, and the rights, prerogatives, and duties of citizenship, he did not have the slightest conception. In this state of the case the matter was continued to enable him, in a measure at least, to familiarize himself with our institutions. Now, upon his return for further examination, it is shown that he is utterly wanting in knowledge of those things which every citizen ought to possess. Accordingly he has been advised to devote himself to further study, accompanied by the suggestion that the hearing be again continued to the end that he may meet the requirements. The petitioner, instead of accepting this proffer made for his benefit, in a dictatorial manner takes direct issue with the court and stoutly asserts that he is qualified and that he is sufficiently advised notwithstanding its finding to the contrary.

One not represented by counsel, as in applications of this character should not be denied the fullest opportunity to establish without formality the facts necessarily in issue; but unexpectedly this applicant has not met the court in that spirit of accommodation, twice extended, which might be looked for under the circumstances. While it may not be impossible for one to be attached to the principles of the Constitution of the United States who is without definite knowledge of the workings of the government in detail, he must have sufficient general information concerning it as to enable him to give a reason for his faith; and where, as in this case, an applicant does not know how the laws are made who makes them, nor how they are enforced, he is illy prepared to participate in the selection of the persons who shall perform those duties. He cannot be attached to principles of which he is entirely ignorant. His disposition, manifested in open co...

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6 cases
  • In re Vasicek
    • United States
    • U.S. District Court — Eastern District of Missouri
    • March 12, 1921
    ... ... Gulliksen, 244 F. 727, 157 C.C.A. 175), that they are ... credible (In re Kornstein, supra); that they actually ... possessed personal knowledge of the facts testified to (In re ... Kornstein, supra); that the petitioner is attached to the ... principles of the Constitution (In re Meakins (D.C.) ... 164 F. 334; In re Bear Goldberg (D.C.) 269 F. 392); ... that he has not evaded military service through pleading his ... alienage (In re Loen (D.C.) 262 F. 166; In re ... Silberschutz (D.C.) 269 F. 398; In re Sebastiano ... Tomarchio (D.C.) 269 F. 400); that his family is ... ...
  • In re Goldberg
    • United States
    • U.S. District Court — Eastern District of Missouri
    • December 17, 1920
    ... ... American institutions and ideals, and still be admitted to ... citizenship? Although this question is one of of the gravest ... any naturalization judge can be called upon to determine, ... there appears to be but one modern authority to be found in ... the reports, that of In re Meakins (D.C.) 164 F ... 334, 335, in which Judge Whitson most clearly states: ... ' * ... * * While it may not be impossible for one to be attached to ... the principles of the Constitution of the United States, who ... is without definite knowledge of the workings of the ... government in ... ...
  • United States v. Macintosh
    • United States
    • U.S. Supreme Court
    • May 25, 1931
    ...in naturalization proceedings has, from the beginning, been in accordance with this view. In re Bodek (C. C.) 63 F. 813; In re Meakins (D. C.) 164 F. 334; In re Mudarri (C. C.) 176 F. 465, 466; In re Ross (C. C.) 188 F. 685; United States v. Bressi (D. C.) 208 F. 369, 372; Schurmann v. Unit......
  • In re Swenson, 21338.
    • United States
    • U.S. District Court — District of Oregon
    • June 30, 1945
    ...1140, 8 U.S.C.A. § 704. 3 Ex parte Shahid, D.C., 205 F. 812; In re Vasicek, D.C., 271 F. 326; In re Goldberg, D.C., 269 F. 392; In re Meakins, D.C., 164 F. 334; In re Kanaka Nian, 6 Utah 259, 21 P. 993, 4 L.R.A. 4 O.C.L.A. § 81-103; see Petition of Katz, D.C., 21 F.2d 867. 5 In re Boric, su......
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