United States v. Baumgartner, 1278.

Citation47 F. Supp. 622
Decision Date11 November 1942
Docket NumberNo. 1278.,1278.
PartiesUNITED STATES v. BAUMGARTNER.
CourtU.S. District Court — Western District of Missouri

Maurice M. Milligan, U. S. Atty., and Richard K. Phelps, Asst. U. S. Atty., both of Kansas City, Mo., for plaintiff.

John Rhodes (of firm of Bowersock, Fizzell & Rhodes), of Kansas City, Mo., for defendant.

OTIS, District Judge.

In this proceeding, which has been brought under the appropriate statute to cancel a certificate of naturalization, I make the following formal findings of fact. 1. Carl Wilhelm Baumgartner became a naturalized citizen of the United States September 26, 1932, on an application filed May 16, 1932. 2. To obtain naturalization he swore in open court that he renounced all fidelity to any foreign state and particularly to The German Reich and that he would bear true faith and allegiance to the Constitution and laws of the United States. 3. At the very time he took that oath he accepted as sound and believed to be righteous the principles of government then advocated and thereafter put in practice by Adolph Hitler, his real loyalty was to those principles. 4. Hitler's principles are diametrically opposed to those of the United States. Hitler believes in dictatorial rule, not in government "of the people, by the people and for the people." Hitler despises and has destroyed, where he could, representative government. Hitler asserts the Nazis are superior to other men, entitled to superior privileges, that America's doctrine that "all men are created equal" is the raving of idiots. Hitler, by his tools, puts to the torch cathedrals, synagogues and churches; desecrates the lodges of Free Masons; burns libraries and books; imprisons priests, rabbis, clergymen; tortures the old, the weak, the young, if they are not of his so-called "superior" race; robs helpless individuals of minorities of their property, sends them penniless into exile, murders hundreds of thousands of them in cold blood. Hitler enslaves millions, tramples under foot peoples who were free, who asked only that they might live in freedom; perverts and debases the minds and souls of young men and young women. Baumgartner has approved in his own hand-writing, either expressly or by inference, all these infamies. He defends them. He says that Hitler's end justifies Hitler's means.

Baumgartner's own testimony has destroyed a contention he might have made, although it would have been specious at best. Hitler did not come into full power until after Baumgartner took the oath of allegiance. The full measure of Hitler's depravity was not, in the beginning, known to the world. It became known speedily. Baumgartner has testified on the witness stand in this trial that his loyalty to the United States, its constitution, its principles of government, was exactly the same when he took the oath as when he was writing his diary. He was just as loyal to the United States in 1932 as on February 25, 1939, when he wrote that he had attended a meeting opened with the "national anthem" (the Nazi national anthem, not The Star Spangled Banner), ...

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15 cases
  • United States v. Orth, Civil Action No. 881.
    • United States
    • United States District Courts. 4th Circuit. United States District Court of South Carolina
    • September 4, 1943
    ...984; United States v. Ebell, D.C.W.D.Tex., 44 F.Supp. 43; United States v. Mickley, D.C.E.D. Mich., 44 F.Supp. 735; United States v. Baumgartner, D.C.W.D.Mo., 47 F.Supp. 622; United States v. Bergmann, D.C.S.D. Cal., 47 F.Supp. 765; United States v. Fischer, D.C.S.D.Fla., 48 F.Supp. 7; Unit......
  • United States v. Bregler, Civ. A. No. 3197
    • United States
    • United States District Courts. 2nd Circuit. United States District Court (Eastern District of New York)
    • June 16, 1944
    ...would accrue to the United States, according to their claim, were secondary and incidental to helping Germany. United States v. Baumgartner, D.C.W.D. Mo., 47 F.Supp. 622, where it was aptly pointed out that Hitler asserted the Nazis are superior to other men, entitled to superior privileges......
  • United States v. Jogwick, 33-F.
    • United States
    • United States District Courts. 4th Circuit. Northern District of West Virginia
    • August 24, 1943
    ...66 L.Ed. 401; Glaser v. United States, 7 Cir., 289 F. 255, certiorari denied 263 U.S. 700, 44 S.Ct. 6, 68 L.Ed. 513; United States v. Baumgartner, D.C., 47 F.Supp. 622; United States v. Bergmann, D.C., 47 F.Supp. 765; United States v. Schuchhardt, D.C., 49 F.Supp. 567; United States v. Kuhn......
  • United States v. Knauer, 8676.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • June 28, 1945
    ...D.C., 51 F.Supp. 910; United States v. Ritzen, D.C., 50 F.Supp. 301; United States v. Schuchardt, D.C., 49 F.Supp. 567; United States v. Baumgartner, D.C., 47 F.Supp. 622; United States v. Kuhn, D. C., 45 F.Supp. The record abundantly supports this finding. This was no beer drinking, song s......
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