United States v. Martorana

• Citation: 171 F. 397
• Decision Date: 25 May 1909
• Docket Number: 20.
• Parties: UNITED STATES v. MARTORANA.
• Court: United States Courts of Appeals. United States Court of Appeals (3rd Circuit)

171 F. 397

UNITED STATES v. MARTORANA.

No. 20.

United States Court of Appeals, Third Circuit.

May 25, 1909

Wm. S Gregg, for appellant.

Before GRAY and BUFFINGTON, Circuit Judges, and BRADFORD, District judge.

BRADFORD District Judge.

This is an appeal by the United States of America from an order or decree of the District Court of the United States for the Eastern District of Pennsylvania admitting Santi Martorana to citizenship. It appears from the record that Lorella S Martorana, his wife, one of the two original witnesses verifying the petition for naturalization, was not at the time it was filed a citizen of the United States; that on the day fixed for final action on the petition a motion made on behalf of the United States for its dismissal on that ground was denied; that the applicant was permitted by the court below to amend his petition by having it verified by a competent witness in lieu of Mrs. Martorana and by reposting the names of the witnesses for the period of ninety days before another day fixed for final action on the petition and that under these circumstances and after the expiration of such period of ninety days the court below by order or decree admitted the petitioner to become a citizen of the United States. Admission to citizenship is wholly a subject of statutory law or treaty stipulation. Aside from affirmative legislation or treaty provision by the state or nation whose protection and privileges are sought by a foreigner, there is no inherent right in him to enjoy such protection or privileges and no obligation on its part to permit him to do so. Of necessity every state or nation must determine for itself who shall enjoy the rights of membership in the body politic of which it consists, and before a right to such enjoyment can be acquired by an alien all the prescribed conditions must be fully satisfied. The act of June 29, 1906, c. 3592, relating to the naturalization of aliens, 34 Stat. 596 (U.S. Comp. St. Supp. 1907, p. 419) expressly declares, among other things, that there shall be at least two verifying witnesses to the petition who are 'citizens of the United States,' and that they shall state in their affidavits that they have 'personally known the applicant to be a resident of the United States for a period of 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...