United States v. Doyle

• Decision Date: 19 April 1910
• Docket Number: 1,641.
• Citation: United States v. Doyle, 179 F. 687 (7th Cir. 1910)
• Parties: UNITED STATES v. DOYLE.
• Court: U.S. Court of Appeals — Seventh Circuit

179 F. 687

UNITED STATES v. DOYLE.

No. 1,641.

United States Court of Appeals, Seventh Circuit.

April 19, 1910

E. J Henning and Edward W. Sims, U.S. Atty., for the United States.

Before GROSSCUP, BAKER, and SEAMAN, Circuit Judges.

BAKER Circuit Judge.

This appeal, taken from an order admitting the alien-born appellee to citizenship, involves the construction of those parts of the naturalization act of June 29, 1906 (34 Stat. 596, c 3592 (U.S. Comp. St. Supp. 1909, p. 478)), which bear upon the qualifications of the witnesses presented at the final hearing.

In section 4 it is provided that the verified petition of the alien 'shall also be verified by the affidavits of at least two credible witnesses who are citizens of the United States and who shall state in their affidavits that they have personally known the applicant to be a resident of the United States for a period of a at least five years continuously and of the state, territory, or district in which the application is made for a period of at least one year immediately preceding the date of the filing of his petition and that they each have personal knowledge that the petitioner is a person of good moral character, and that he is in every way qualified, in their opinion, to be admitted as a citizen of the United States.'

By section 5 it is made the duty of the clerk, immediately after filing the petition, to post a notice thereof and of 'the date, as nearly as may be, for the final hearing, and the names of the witnesses whom the applicant expects to summon in his behalf; and the clerk shall, if the applicant requests it, issue a subpoena for the witnesses so named by the said applicant to appear upon the day set for the final hearing, but in case such witnesses cannot be produced upon the final hearing other witnesses may be summoned.'

Section 6 provides, among other things, that 'petitions for naturalization may be made and filed during term time or vacation of a court, which shall be docketed the same day as filed, but final action thereon shall be had only on stated days, to be fixed by rule of court, and in no case shall final action be had upon a petition until at least ninety days have elapsed after filing and posting notice of such petition.'

Other provisions are that 'every final hearing upon such petition shall be had in open court' (section 9), and that 'in addition to the oath of the applicant, the testimony of at least two witnesses, citizens of the United States, as to the facts of residence, moral character, and attachment to the principles of the Constitution, shall be required, and the name, place of residence and occupation of each witness shall be set forth in the record.'

Appellee's petition confessedly met all requirements. As the witnesses whom appellee expected to summon to be present at the final hearing he gave to the clerk, and the clerk duly posted, the names of the men who verified the petition. Before the time set for the final hearing one of the men moved from the district.

At the hearing the remaining man was produced and heard as a witness. Appellee was permitted, over the government's objection, to use as a witness a citizen of the United States whose name was neither in the petition nor notice.

For reversal, the propositions are that no witnesses in behalf of the applicant may be heard at the final...