Schioler v. United States, 46C1318.
| Decision Date | 26 January 1948 |
| Docket Number | No. 46C1318.,46C1318. |
| Citation | 75 F. Supp. 353 |
| Parties | SCHIOLER v. UNITED STATES et al. |
| Court | U.S. District Court — Northern District of Illinois |
Rogers & Rogers, of Chicago, Ill., for plaintiff.
Otto Kerner, Jr., U.S. Atty., of Chicago, Ill., for defendant.
July 18, 1945, plaintiff filed her petition for a declaratory judgment, asking that the court declare that petitioner is a citizen of the United States; that she never lost her citizenship by reason of her husband's petition for Danish citizenship and by reason of her having travelled to the United States on a Danish passport and a visitor's vise.
The petition sets out that petitioner was born in Chicago, Illinois, on December 23, 1888, and lived there until 1931, when her husband's profession as an engineer took them and their children to Denmark. That she returned to Chicago during the summers of 1937 and 1938, travelling on a United States passport. That during the month of July, 1942, when the safety of petitioner's children was in danger, and the press of the Germans became very great, petitioner's husband, Paul Schioler, an American citizen born in San Francisco, on June 22, 1883, was urged by the police of Denmark to apply for Danish citizenship. That at that time application was made by Paul Schioler for himself and his family; that this petitioner signed no documents requesting Danish citizenship for herself, and that she did not actively engage in any Danish politics; and that it was her understanding that the change of citizenship made by her husband was only for the duration of the war. That Petitioner's husband died on March 31, 1945, and that she then made plans to come to the United States early in the spring of 1946; that she visited the American Consul in Denmark and requested a passport to travel to the United States, but was refused, and she was forced to travel on a Danish passport with a visitor's vise. That upon arrival in the United States she applied to the Department of State for a United States passport, but the same was refused because of the outstanding Danish passport issued to her. Petitioner claims that although she was forced to travel to the United States on a Danish passport because of the fact that her husband had made application for Danish citizenship, that this was done only because of the war, and that petitioner did not thereby lose her American citizenship. That because of these conflicting claims petitioner is in doubt as to her status, and asks this court for a declaratory judgment adjudging that she is a citizen of the United States, and never lost her citizenship by reason of her husband's petition for Danish citizenship, and consequently being obliged to travel to the United States on a Danish passport.
March 14, 1947, the United States and the Attorney General filed motions to dismiss the petition on the ground that the same fails to state a claim upon which relief can be granted, either under Sec. 903, Title 8, or Sec. 806, Title 8 U.S.C.A., of the Nationality Code because no right to sue the United States is granted by said Section 903, Title 8, and because the United States has not consented to be sued.
April 14, 1947, petitioner asked leave to make the Secretary of State an additional party defendant, and summons to issue, which leave was granted by the court. At the same time, on the motion of the United States Attorney, the cause was dismissed as to the United States and the Attorney General.
August 5, 1947, the Secretary of State answered the petition, setting out that petitioner did sign documents asking to become a Danish citizen, whereby she lost her American citizenship, and that she has no rights as an American citizen, and asking that her petition for a declaratory judgment be denied.
A hearing was held at which petitioner appeared in open court and testified. The court then took the matter under advisement, and briefs were filed by both sides.
The question before me for decision is whether, because of the husband's application for Danish citizenship, in which petitioner is said to have joined, petitioner thereby lost her status as an American born citizen.
Sec. 801 of 8 U.S.C.A., the Nationality Act of 1940, provides: ...
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