In re Phillips, 2854.
| Decision Date | 11 December 1924 |
| Docket Number | No. 2854.,2854. |
| Citation | 3 F.2d 79 |
| Parties | In re PHILLIPS. |
| Court | U.S. District Court — Southern District of Texas |
Walter Wheatley, Naturalization Examiner, of Houston, Tex., for the United States.
This case is the same as In re Nagy, just decided, 3 F.(2d) 77, except that in the Nagy Case petitioner had been convicted of the manufacture of liquor. In this case the offense was the unlawful possession of a still. This offense the Volstead Act (Comp. St. Ann. Supp. 1923, § 10138¼ et seq.) denounces as a misdemeanor, and for its violation a fine may be imposed of from $100 to $500.
The petitioner naively declared that he had not made any whisky; that he had tried to, but all he got out of his experiment was a little "wormy water"; and he therefore asserted with much vehemence that he ought not to be denied his citizenship, since his efforts at law violation had proved abortive. I am not prepared to concede that the failure to commit an offense because of insufficient ability or preparation would advantage an applicant for his "accolade," since it is the man's heart and intent which is here searched, rather than his achievements. But it is not necessary for me to so decide, since the law makes the possession of a still, without manufacture, a specific offense.
This being so, the case falls in principle directly within that of Nagy, and the same order will be entered.
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United States v. Costello
...be said to be attached to the principle declared by that amendment. In re Nagy (D.C.) 3 F.2d 77; In re Raio (D.C.) 3 F.2d 78; In re Phillips (D.C.) 3 F.2d 79; Ex parte Elson, (D.C.) 299 F. 352; In re Bonner (D.C.) 279 F. 789 * * "Neither the fact that in this and in other communities there ......
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Costello v. United States, 59
...its duty to apply the law as it is now written.' At page 276. See also In re Nagy, D.C., 3 F.2d 77; In re Raio, D.C., 3 F.2d 78; In re Phillips, D.C., 3 F.2d 79; In re Bonner, D.C., 279 F. 789; Ex parte Elson, D.C., 299 F. Some of these cases turned on a finding of illegal procurement of th......
- In re Raio