Marx v. United States

• Court: U.S. Court of Appeals — Eighth Circuit
• Citation: Marx v. United States, 276 F. 295 (8th Cir. 1921)
• Decision Date: 22 October 1921
• Docket Number: 5648.
• Parties: MARX v. UNITED STATES.

276 F. 295

MARX v. UNITED STATES.

No. 5648.

United States Court of Appeals, Eighth Circuit.

October 22, 1921

M. N. Sale, of St. Louis, Mo. (A. B. Frey, of St. Louis, Mo., on the brief), for appellant.

Edward W. Tobin, Naturalization Examiner (James E. Carroll, U.S. Atty., and N. C. Whaley, Asst. U.S. Atty., both of St. Louis, Mo., on the brief), for the United States.

Before HOOK and CARLAND, Circuit Judges, and LEWIS, District Judge.

LEWIS, District Judge.

This is an appeal from an order denying the application of Fritz Marx, an alien, to be admitted to citizenship pursuant to Act June 29, 1906, c. 3592, 34 Stat. 596, as amended (Comp. St. Sec. 4351 et seq.).

Jurisdiction here is challenged by motion to dismiss the appeal, and we are of opinion that the objection is well taken. U.S. v. Ness, 245 U.S. 319, 38 Sup.Ct. 118, 62 L.Ed. 321; Appeal of Cook, 242 F. 932, 155 C.C.A. 520; U.S. v. Neugebauer, 221 F. 938, 137 C.C.A. 508; U.S. v. Dolla, 177 F. 101, 100 C.C.A. 521, 21 Ann.Cas. 665; State ex rel. v. Superior Court, 75 Wash. 239, 134 P. 916, Ann. Cas. 1915C, 425.

The cases relied on by appellant (U.S. v. Ojala, 182 F. 51, 104 C.C.A. 491; U.S. v. Doyle, 179 F. 687, 103 C.C.A. 233; U.S. v. Poslusny, 179 F. 836, 103 C.C.A. 324; Bessho v. U.S., 178 F. 245, 101 C.C.A. 605; U.S. v. Rodiek, 162 F. 469, 89 C.C.A. 389), and others, were determined before the ruling in the Ness Case. Furthermore, in none of those cases was the question of jurisdiction raised.

The action of the District Court was not a denial or adjudication of any right on the part of appellant. His civil status and rights here, gained by residence, were not affected by the order. He petitioned for a change of his political status in accordance with the provisions of the act. He sought to obtain a privilege by favor, not of right; and had no case or controversy against or with appellee.

Johannessen v. U.S., 225 U.S. 227, 32 Sup.Ct. 631, 56 L.Ed. 1066.

The late Judge HOOK presided at the argument, and concurred in these conclusions.

Appeal dismissed.