In re Silberschutz, 8982.

• Citation: 269 F. 398
• Decision Date: 17 December 1920
• Docket Number: 8982.
• Parties: In re SILBERSCHUTZ.
• Court: U.S. District Court — Eastern District of Missouri

269 F. 398

In re SILBERSCHUTZ.

No. 8982.

United States District Court, E.D. Missouri, Eastern Division.

December 17, 1920

M. R Bevington, Chief Naturalization Examiner, of St. Louis, Mo for the United States.

DYER District Judge.

The petitioner for naturalization in this cause is a subject of the former Austro-Hungarian monarchy. His status since December 7, 1917, has been that of an enemy alien. Within that period of time, he has filed the application for citizenship now under consideration. In support of the same he has made a part thereof a declaration of intention executed some five years ago, or prior to the declaration of war against the country of his nativity. The evidence discloses that in the questionnaire executed by him under and pursuant to the regulations promulgated by virtue of the Act of May 16, 1917, known as the 'Selective Service Act' (Comp. St. 1918, Comp. St. Ann. Supp. 1919, Secs 2044a-2044k), he claimed exemption from military service under class 5-E, while under Series VII of said questionnaire he stated he was not a citizen of the United States and pleaded exemption on that ground.

In support of its motion to dismiss the application for citizenship of this petitioner, the government has introduced in evidence a certificate of the Adjutant General of the United States army, over his seal, certifying to the facts respecting the plea in bar interposed to military service in the instant case on the ground of the enemy alien status of the registrant. The court will take judicial notice of the signature of the said Adjutant General and of the seal of his office. The petitioner does not challenge the correctness of this certificate of the War Department, nor does he challenge the truthfulness of the recitals contained in his questionnaire. But, even should he attack said questionnaire, parol evidence would not be admissible to impeach a formal written instrument of its character, particularly when we keep in mind that said questionnaire was executed under the solemnity of an oath.

An alien must establish that his petition for naturalization is based upon a declaration of intention to become a citizen of the United States of America, made by him in good faith in accordance with the requirements of the naturalization statute, not less than two nor more than seven years previous to the date of filing of his petition for naturalization. In said declaration of intention he must...