In re Trum
| Decision Date | 02 October 1912 |
| Docket Number | 412. |
| Court | U.S. District Court — Western District of Missouri |
| Parties | In re TRUM. |
Hugh C Smith, Asst. U.S. Atty., of Kansas City, Mo., for the United states.
February 6, 1912, the applicant, William Trum, filed his petition for naturalization in the United States District Court at Kansas City, Mo. The petition was verified by Herman Trum saloonkeeper, and John Trum, a retired saloonkeeper. Therein Mr. Trum declared on oath that his occupation was that of clerk. The investigation made in his case showed that he was at the time of the filing of his petition, and is now, a bartender for his witness, Herman Trum.
This petition came on for hearing July 1, 1912, when its dismissal was moved by the United States on the ground that the applicant had not behaved as a man of good moral character for the period of at least five years prior to the date of his application. It was shown at the hearing, and admitted by the applicant, that Trum was convicted during the year 1908, at Leavenworth, Kan., and within five years of the filing of his petition herein, of violating the liquor laws of that state. Under the laws of the state of Kansas an injunction had previously been granted by proper judicial authority against the sale of intoxicating liquor in the building in which Trum was doing business. This injunction was in force at the time of the alleged violation and the subsequent arrest. For his offense Trum received a sentence of 30 days in jail and a fine of $100. All this was admitted by the applicant at the hearing, but he suggested in avoidance that he had been paroled following his conviction and, as the parole had now terminated, such conviction could not now be urged against him.
The fourth subdivision of section 4 of the Naturalization Act requires, among other things, that:
'It shall be made to appear to the satisfaction of the court admitting any alien to citizenship that immediately preceding the date of his application he had resided continuously within the United States five years at least, * * * and that during that time he had behaved as 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.'
It is fundamental that every state has, in general, the right to prescribe the terms upon which it will admit aliens to...
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