United States v. Orth, Civil Action No. 881.

• Citation: 51 F. Supp. 682
• Decision Date: 04 September 1943
• Docket Number: Civil Action No. 881.
• Court: U.S. District Court — District of South Carolina
• Parties: UNITED STATES v. ORTH et ux.

51 F. Supp. 682

UNITED STATES v. ORTH et ux.

Civil Action No. 881.

District Court, E. D. South Carolina, Charleston Division.

September 4, 1943.

COPYRIGHT MATERIAL OMITTED

Claud N. Sapp, U. S. Atty., of Columbia, S. C., and Louis M. Shimel, Asst. U. S. Atty., of Charleston, S. C., for the Government.

Stoney, Crosland & Prichard and Paul M. MacMillan, all of Charleston, S. C., for defendants.

TIMMERMAN, District Judge.

This is an action, under Section 15 of the Act of June 29, 1906 as amended—see Nationality Act of 1940, 8 U.S.C.A. § 738— to revoke the citizenship of the defendant Albert Orth and to cancel his certificate of naturalization.

The complaint, in substance, alleges that the defendant Albert Orth was, prior to the 8th day of November, 1900, a native and citizen of Germany; that he entered the United States in April, 1891; that on November 8, 1900, he applied for naturalization to the Circuit Court of the United States for the Northern District of Georgia, then and there representing that he bona fide intended to reside in and become a citizen of this country and to renounce all allegiance and fidelity to any other country, or any ruler thereof, and that he was attached to the principles of the Constitution and well disposed towards the good order and happiness of this country; that on the date last aforesaid he took the prescribed oath of allegiance to this country, wherein and whereby he solemnly obligated himself to support the Constitution of the United States and to renounce and abjure all allegiance to his former country, and the rulers thereof; and that in reliance upon the aforesaid representations and the making of said oath, the said Court then and there entered its order admitting the defendant to citizenship and caused the Clerk of said Court to issue to him a certificate of naturalization.

The complaint further alleges that the said representations of the defendant were false and fraudulent, in that the defendant at the time of making the same was not in fact attached to the principles of the Constitution and did not intend to support the same or the laws made pursuant thereto against all enemies, foreign or domestic; that he did not in good faith intend to renounce absolutely and forever all allegiance and fidelity to Germany, and in fact he did not do so; that the defendant in reality intended to and did retain allegiance and fidelity to Germany; that the defendant's said representations and oath were fraudulently, pretentiously and illegally made for the purpose of gaining and enjoying the rights, privileges, and prerogatives of citizenship without the bona fide intention of assuming the duties, obligations and responsibilities thereof; and that the defendant Anna Orth claims citizenship only by virtue of her marriage to her co-defendant Albert Orth.

By way of answer, the defendant admitted the allegations of the complaint, except so much thereof as alleges that the defendant's said representations were false and fraudulent, that he was not attached to the principles of the Constitution and did not intend to support the same; that he did not in good faith renounce all allegiance to his former country and that he retained allegiance thereto, and that said representations and oath were made by him for the purpose of securing the rights, privileges and protection of a citizen of this country without intending to or actually assuming the duties and responsibilities thereof; and as to such allegations the defendant specifically denied them.

Some of the facts are beyond dispute. Among them are these:

The defendant Orth was born in Germany, of German parents, about 1872; that he came to the United States in April, 1891, being followed here by his parents, brothers and sisters in the same year; that Orth's parents were naturalized in September, 1900, prior to his naturalization in November, 1900; that Orth was married in 1896; that his wife was a native of Germany and came to the United States in 1892, her parents remaining in Germany; that in 1904 Orth purchased the Deutsche Zeitung, a German language newspaper published in the City of Charleston, S. C., and in the same year established his residence in that city, where he now resides within the jurisdiction of this court; and that, in addition to owning and publishing the Deutsche Zeitung, Orth printed other German language newspapers in the cities of Atlanta, Jacksonville and Savannah.

It further conclusively appears from the record that Orth aided one Gustav Drewes, a German reservist, who deserted the crew of the British Steamship Wingate, which came into the Charleston harbor in August, 1914, after a state of war had been declared between Germany and Great Britain. It appears that Drewes first asked the Captain of the Wingate for a discharge, and was refused, and that he then went to the German Consul in Charleston for advice and was told to stay aboard the ship. Notwithstanding this advice, Drewes deserted, using a small boat obtained from another German (name not disclosed) residing in the City of Charleston, to make his way up the Ashley River where he hid until the Wingate had sailed. Drewes then returned to Charleston, went to Orth and explained that he was a German reservist and a deserter from the Wingate and asked Orth's assistance. Orth gave him a railroad ticket to Young's Island, near Charleston, and 50¢ for boat fare, telling him to go to a Mr. Audell who would keep him. Drewes reported to Audell as directed and was sheltered and given employment. A warrant was issued for the arrest of Drewes and other deserters from the Wingate. The Immigration Inspector, having information that some of the deserters had copies of Orth's German language newspaper, asked Orth if he knew "anything about any of the men or where any of them could be found". Orth replied that one of the deserters had gone to a lumber mill near Walterboro, but he gave no information concerning Drewes, whom he had sent to Young's Island. (See Defendant's Ex. V.)

Orth was charged with aiding the alien Drewes to unlawfully enter this country, but was never tried therefor.

In the American edition of the Deutsche Zeitung of April 1, 1916 (Defendant's Ex. B), there appeared an article entitled, "Starting at the Wrong End", in which resentment was expressed at the National Americanization Committee for issuing an appeal to the foreign language press of this country to co-operate in aiding the immigrant population to enter fully into American life and to understand American ideals. Among other things, this was said: "The foreign language press has been doing that work for years and years. And because this particular press of the country has performed its duty so well not a word has been uttered by the Americans of foreign birth that the United States should help one or the other side of the contestants in the World War. From the beginning * * * naturalized citizens have urged that the United States should maintain strict neutrality and avoid everything which might lead to the loss of the friendship of one or the other of the belligerents."

The implication of this article is that Orth's paper had been and was then advocating non-resentment of Germany's ruthless sinking without warning of our unarmed merchant ships peaceably traveling the High Seas; or to put it more bluntly, that the people of this country should suffer for the promotion of German belligerency. This view finds support in another article in the same issue, entitled, "The War Situation", wherein it is asserted that "the inspired English-American press * * * howls against the submarine war"; and in which reference is made to God's "chosen teutonic Race".

Also in the American edition of said newspaper of June 21, 1916 (Defendant's Ex. A), under the heading, "The Call to Duty", this country's action in sending troops to the Mexican Border was highly praised. Among other things, it was said: "A common enemy threatens the peace of our beloved country: The Mexican government, warmed into life and vigor by the kindness of our government has, like a viper, turned on its benefactor. It has not yet stung the breast that has nursed it; but its hissing is ominous, and to neglect preparedness any longer would be criminal."

It is historically true that Mexico's wrongs against our country were not so grievous as those of the German government, all things considered, yet it nowhere appears that the defendant or his newspaper ever expressed resentment or even mild disapproval of Germany's ruthless destruction of American lives and property on the high seas.

Attention is directed to German language issues of the Deutsche Zeitung. In the issue of April 1, 1916, (Plaintiff's Ex. 6), two articles of interest appear. The first entitled, "The Protector of Small Nations", purports to detail facts concerning a conference in Berlin among representatives of peoples of divergent nationalities, from Africa to Asia, about two months before. There was no explanation of how Orth or the editor of his paper obtained this apparently inside information. Among other things, this first article states: "At this meeting there were a large number of representatives of small nations who had come to Germany—often secretly and under great difficulties—because they hoped to see their comrads freed by Germany." (Emphasis added) Also: "They all believed firmly in a German victory."

The writer purportedly knew something of diplomatic maneuvers in Germany—information that the ordinary citizen of this country would not have. This article did not appear in the American edition of the Deutsche Zeitung.

The second article referred to is as follows:

"The German submarines are now equipped with apparatus for the laying of mines. The enemy, by means of a sufficient number of patrol boats, used to be able to protect themselves effectively against the former mine layers, but this is impossible against submarines, since such boats are...