United States v. Fischer, 729-M.

• Decision Date: 16 December 1942
• Docket Number: No. 729-M.,729-M.
• Citation: 48 F. Supp. 7
• Parties: UNITED STATES v. FISCHER.
• Court: U.S. District Court — Southern District of Florida

48 F. Supp. 7

UNITED STATES v. FISCHER.

No. 729-M.

District Court, S. D. Florida, Miami Division.

December 16, 1942.

Herbert S. Phillips, U. S. Atty., of Tampa, Fla., and Ernest L. Duhaime, Asst. U. S. Atty., of Miami, Fla., for plaintiff.

A. C. Franks, of Miami, Fla., for defendant.

HOLLAND, District Judge.

Complaint was filed September 11, 1942, under 8 U.S.C.A. § 738, wherein it was prayed that an order be entered revoking and setting aside the decree of naturalization heretofore made in favor of the defendant, Frank Seraph Fischer, and for other relief. Answer was filed November 10, 1942, and testimony was taken over a period of several days.

The defendant, prior to the 8th day of November, 1935, was a native and citizen of the German Reich. He entered the United States of America on May 6, 1923, and now resides in Miami, Florida, within the Southern District of Florida, and within the jurisdiction of this court. On July 20, 1935, defendant filed his petition for naturalization in this court. He took the oath of allegiance on November 8, 1935, on which date this court entered its order admitting him to citizenship in the United States of America, and thereupon certificate of naturalization was issued to him.

Defendant is a furniture factory worker; has no criminal record; is a married man with family, and has lived as the record discloses a decent law abiding existence for the period of time about which testimony was introduced. His mother still lives in Germany, also a sister or sisters. He speaks English fairly well, and while he has difficulty in free expression of his thoughts, seems to understand fairly well the English language. Before and since December 7, 1941, his fellow workers or some of them have resented Pro-Axis leanings on defendant's part, but Fischer claims he is misunderstood; he claims that expressions as to conditions in Germany are in comparison of the Germany as it was when he emigrated, and the Germany as he saw it in 1937 when he made a visit to the country of his birth. Defendant is a church member, and states he prays for peace but not victory. In response to requests for his purchasing War Bonds, he has no voluntary desire to purchase as he feels the bonds would make possible the bombing of his own mother. When he realized it was a duty to buy bonds, he claims his conscience was eased because of the duty aspect of the case, and he has now made some purchase of a bond or bonds. He has been heard to make Pro-Axis statements since our country was embroiled in war with Germany, but he claims he was misunderstood, and his expressions were in regard to money or financial influences as actuating war.

The court is confronted with the difficult task of attempting to look into the mind of an individual. By one's acts and words we are entitled to form a judgment, in the light of explanations made by defendant and argument of counsel as to what was in the subject's mind. The defendant explains that fragmentary portions of conversations are to be interpreted in the light of a comparison between his native land as known by him when he left its shores, and the native land as observed by defendant on a subsequent visit, not a comparison between the native land and the adopted country. The defendant injects into the case the influence of religion and the love and devotion naturally borne for a parent.

A naturalized citizen, broadly speaking, enjoys all the rights of the native citizen, except so far as the Constitution makes the distinction, Const.Art. 2, § 1, cl. 4, Osborn v. U. S. Bank, 9 Wheat. 738, 22 U.S. 738, page 828, 6 L. Ed. 204, and this constitutional exception is limited alone to the occupying of the office of President of the United States.

An alien becomes a citizen by a statutory method, a judicial proceeding, success in which to the petitioner culminates in an order of court in compliance with which a certificate of citizenship issues to the naturalized citizen. The new citizen enjoys the same rights prescribed by the Constitution as...