United States v. Nowak

Citation133 F. Supp. 191
Decision Date15 July 1955
Docket NumberNo. 12391.,12391.
PartiesUNITED STATES of America, Plaintiff, v. Stanislaw NOWAK, Defendant.
CourtU.S. District Court — Western District of Michigan

Fred W. Kaess, Dwight K. Hamborsky, Detroit, Mich., for the United States.

Goodman, Crockett, Eden & Robb, Detroit, Mich., for defendant.

PICARD, District Judge.

Action to cancel defendant's citizenship pursuant to provisions of the Nationality Act of 1940, Title 8 U.S.C. § 738(a)1 on grounds that his naturalization under Nationality Act of 1906 was illegally and fraudulently procured.

I. As to Illegality

That:

(a) Defendant concealed and falsely denied communist party membership;

(b) he was not at the time of his naturalization a person of good moral character, attached to the principles of the Constitution of the United States; and

(c) was not well disposed to the good order and happiness of the United States.

Note: This court believes that the facts required to prove (b) and (c) would be the same and therefore we treat these two as one.

II. As to Fraud

That:

(a) Defendant was asked by the naturalization examiners whether he had ever been a member of the Communist Party of the United States to which he falsely answered, "No"; and

(b) answering question No. 28 in his preliminary petition for naturalization defendant denied he had ever belonged to, or had ever been affiliated with, any organization which taught or advocated overthrow of the existing government in this country, when in fact he was a member of the Communist Party with knowledge that it taught and advocated such violent overthrow of this government.

If plaintiff is to prevail it must prove at least one of its contentions by "`clear, unequivocal, and convincing'" evidence. Schneiderman v. United States, 320 U.S. 118, 63 S.Ct. 1333, 1352, 87 L.Ed. 1796.

But before considering "all facts" or "degree of proof" required, this court immediately eliminates government's claim as to the first "illegality" as a ground for revoking defendant's citizenship because both parties agree that the Nationality Act of 1906, in effect when Nowak was naturalized, must govern this contention.

The prohibitions of the Nationality Act of 1906 were primarily directed at polygamists and anarchists; not communists. In addition to being captioned "Anarchist or Polygamist" the statute is couched in language definitive of the tenets of anarchism as opposed to communism. It covers "disbelief in" and "opposition to" organized government and the unlawful assaulting and killing of government officials. On the other hand, seldom, if ever, has dispensation with all government been considered a tenet of communism. Contrarily the very essence of communism is its complete subjugation of all persons to the will of the state — under that doctrine, a political leviathan.

This court concludes, therefore, that nothing contained in Section 7 of the Nationality Act of 1906, 34 Stat. 598, being Title 8 U.S.C. § 364,2 barred naturalization of one because he was a member of the Communist Party. But, while Illegality "a" is therefore erased, we still must treat subsection 4 section 4 of the Nationality Act of 1906, 45 Stat. 1513, Sec. 6(b) being Section 382 of Title 8 U.S.C.,3 separately herein.

This court further dismisses, as of itself a sole ground for revoking defendant's citizenship, plaintiff's first contention of fraud — to-wit, that defendant was asked by the naturalization examiners whether he had ever been a member of the Communist Party of the United States to which he supposedly answered "No." We do this because in our opinion proof on this point is not "`clear, unequivocal, and convincing'". The two naturalization examiners, both testifying more than sixteen years after they had first interviewed petitioner, claim they remembered asking Nowak at the time of the original examination if he "was or had ever been a member of the Communist Party of the United States." These witnesses gave several reasons for so remembering among them that they had previous to such examination heard he was a communist and that he was notorious, his name having appeared in the newspapers many times. This, they, in effect said, made them "primed" for Nowak when he did appear.

But, although both examiners had made written notations on the examining petition of Nowak's answers to certain questions that were not part of the written petition, still for some reason or other, this all important question, "Are you now or have you ever been a member of the Communist Party?" is not even referred to in their written answers or their notes. These examiners have interviewed hundreds of persons seeking naturalization during the intervening years and it seems to this court inconceivable that after having seen and interviewed defendant only once that they could remember asking one specific question of one specific petitioner after all those years. If they had asked such a question wouldn't they have made a note of it some place as they did concerning many less important questions not included in the petition as a question to be asked? We do not seek to impugn the veracity of these two witnesses nor to imply that they deliberately gave false testimony. We simply feel that the lapse of years, fallibility of the memory, and information about Nowak received later had a tendency to influence their testimony at the time of trial. This evidence fails to meet the standard required in denaturalization cases.

Standing alone we dismiss the first fraud.

Findings of Fact

Defendant filed his petition for citizenship on December 15, 1937 and became a citizen June 13, 1938. From all testimony received, this court has arrived at the conclusion that defendant became a member of the Communist Party about the middle of 1935, that he continued as a member of the party at least through 1937 and 1938, knowing of its main aim and objective which was the overthrow of this government by force and violence; that he approved of that aim and objective before and when he became a member of the Communist Party of the United States; that so far as we have been able to ascertain, he still does to this day; and further that he intended to conceal such membership and such knowledge both when he signed his petition and when he was examined. This evidence came from many witnesses, some of whom stated they had attended closed Communist Party meetings from 1937 to 1943 at which defendant was present. Their testimony, with one exception, which we have ignored completely (Thaddeus Zygmont) was clear, straightforward, unequivocal and convincing.

Witness Budenz — Attended closed Communist Party functionary meetings with Nowak from late 1937 until 1943 or 1944; knew Nowak to be a Communist Party member for these years; attended enlarged National Committee meetings of Communist Party with Nowak, one in 1938 and two in the forties.

Witness Fountain — Attended closed Communist Party meetings in Detroit with Nowak from June 1937 through 1938; knew Nowak to be a Communist Party member; attended Communist Party schools where Nowak lectured on "Strategy of the Communist Party in relation to labor, and rise of Hitler".

Witness Eager — Nowak solicited Eager's membership in Communist Party in 1937; knew Nowak was a Communist Party member and attended many closed Communist Party meetings from 1937 through 1938.

Witness Nowell — Knew Nowak was a member; he solicited Nowak's membership; was present at his induction; attended closed Communist Party meetings from 1935 through 1936 with Nowak.

Witness Hewitt — Knew Nowak to be a member of the Communist Party in 1938; collected Communist Party dues from Nowak in 1938 and 1939; attended closed Communist Party meetings with Nowak.

Witness Reno — Knew Nowak to be a Communist Party member from July or August 1937 to December 1938; attended functionary meetings with Nowak; closed Communist Party meetings and an enlarged National Committee meeting in December 1938 with Nowak. Also saw his Communist Party card.

Witness Rataj — Attended one closed Communist Party meeting with Nowak in fall of 1937.

Witness Herbster — Attended one closed Communist Party meeting with Nowak in summer of 1937.

Such testimony remains unimpeached though subjected to thorough cross-examination. In addition, none of it has been contradicted and it is overwhelming.

We agree that mere membership in an organization does not prove knowledge of its aims and objectives and that "utterances of its more vocal members cannot be imputed" to Nowak to show that he accepted or believed in the principles of the organization. See United States v. Hauck, 2 Cir., 155 F.2d 141. But here we are not concerned with belief or acceptance. It is sufficient if it is shown that defendant knew what the aims and objectives of the Communist Party were at the time he was a member and naturalized, and it is well recognized that external circumstance such as communication of facts, is available to show that consciousness or knowledge ensued as a result thereof. See Wigmore on Evidence, Volume I, Second Edition, sections 244-245; Frankfeld v. United States, 4 Cir., 198 F.2d 679.

As to the aims and objectives of the Communist Party, this court in United States v. Charnowola, D.C., 109 F.Supp. 810, 812 stated:

"Both here and in Russia it is now apparent that at all times the Communist Party aimed to destroy America by force and violence."

This language was quoted with approval in Sweet v. United States, 6 Cir., 211 F.2d 118, certiorari denied 348 U.S. 817, 75 S.Ct. 28. In fact, in view of the many decisions we believe it cannot now be seriously questioned but that the ultimate aims and objectives of the Communist Party include the violent and forceful overthrow of this government.

See American Communications Association, C. I. O. v. Douds, 339 U.S. 382, 70 S.Ct. 674, 94 L.Ed. 925; Carlson v. Landon, 342 U.S. 524, 72 S.Ct. 525, 96 L.Ed. 547; and Harisiades v. Shaughnessy, 342 U.S. 580, 72 S.Ct. 512, ...

To continue reading

Request your trial
5 cases
  • United States v. De Lucia
    • United States
    • U.S. District Court — Northern District of Illinois
    • June 7, 1957
    ...929; United States v. Roberson, 5 Cir., 1956, 233 F.2d 517; Daniel v. United States, 5 Cir., 1956, 234 F.2d 102; United States v. Nowak, D.C.Mich.1955, 133 F.Supp. 191, 196. Defendant urges that the unexplained failure of the government to present the testimony of the Designated Examiner co......
  • United States v. Marasilis, Misc. No. 127.
    • United States
    • U.S. District Court — Western District of Michigan
    • June 21, 1956
    ...in the Communist party is material and has been judicially held to be grounds for revocation of citizenship. See United States v. Nowak, D.C., 133 F.Supp. 191; United States v. Charnowola, D.C., supra, 109 F.Supp. 810; United States v. Sweet, D.C., 106 F.Supp. 634. When defendant Leokadia M......
  • United States v. Matles
    • United States
    • U.S. District Court — Eastern District of New York
    • March 26, 1957
    ...v. Charnowola, D.C., 109 F.Supp. 810, affirmed 211 F.2d 118, certiorari denied 348 U.S. 817, 75 S.Ct. 28, 99 L.Ed. 644; United States v. Nowak, D.C., 133 F.Supp. 191. In Knauer v. United States, 1945, 328 U.S. 654, 66 S.Ct. 1304, 1314, 90 L.Ed. 1500, it was held that fraud connotes perjury,......
  • Alexander v. Butterfield, Civ. A. 15534.
    • United States
    • U.S. District Court — Western District of Michigan
    • March 28, 1957
    ...of Immigration, 273 U.S. 103, 47 S.Ct. 302, 71 L.Ed. 560; Luria v. United States, 231 U.S. 9, 34 S.Ct. 10, 58 L.Ed. 101; United States v. Nowak, D.C., 133 F. Supp. 191, affirmed 6 Cir., 238 F.2d Nor is it necessary for the Government to show under this section that the plaintiff knew the ob......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT