United States v. Scheurer
Citation | 55 F. Supp. 243 |
Decision Date | 20 March 1944 |
Docket Number | No. 1162.,1162. |
Parties | UNITED STATES v. SCHEURER. |
Court | U.S. District Court — District of Oregon |
Carl C. Donaugh, U. S. Atty., and J. Mason Dillard, Asst. U. S. Atty., both of Portland, Or., for plaintiff.
B. G. Skulason, of Portland, Or., for defendant.
A complaint for the cancellation of a certificate of naturalization, issued after the administration of an oath in this court to John Hans Scheurer on July 19, 1934, was brought by the United States under the provisions of the Act of 1940.1 After the issues were segregated by pre-trial conference and crystalized by order thereon, a trial was had. The evidence showed the defendant was a sheetmetal worker who came to this country from Germany in 1923. He had been a member of the armed forces of Germany and fought in the first World War as a private and then as an officer, receiving a promotion for bravery in the field. After the war he had become a member of the Stahlheim in Germany.
Upon coming to this country Scheurer joined a German Veteran's Association in Portland, Oregon. In March 1934, he filed a preliminary form for petition for citizenship and in April 1934, a statement of facts to be used in filing a petition for citizenship. His petition was filed. He was given what is described as a routine examination at the time of, and after the filing of, the petition for citizenship, by the examiners who, at that time, were employees of the Bureau of Naturalization, Department of Labor. His witnesses, also, were examined under oath. The chief object of these examiners was to establish the residence of petitioner for the required length of time, his knowledge as to the form of government of the United States, and the absence of a criminal record. Admittedly, in the case of Scheurer, when no criminal record was found, the examination was perfunctory. No further investigation was made in his case to check the validity of his other statements. On July 19, 1934, Scheurer was brought before this very court, together with a number of persons who expected to be naturalized, where the writer of this opinion was presiding. Mr. Thomas S. Griffing, one of the examiners, stated that a group of persons standing in the court, were citizens of the German Reich who had been examined as to their knowledge of government and found satisfactory and were recommended for admission.
No statement was made to whom they were found satisfactory.2 Neither the petition of Scheurer nor any other applicant, nor any other supporting documents thereto, nor records as to the examination, were brought before the court. No examination was made of Scheurer or his witnesses or any other applicant or other person by or in the court. The court did not have before it the approved form of recommendation containing the name of Scheurer and the other applicants until it was brought up with the printed form of order for admission for signature.
After hearing the statement of the examiner, the court directed the clerk to administer the oath of citizenship to the persons before him, as a group. Thereafter, the applicants left the courtroom and respectively signed a certificate of naturalization in the clerk's office. Later there was brought to the Judge in chambers, the recommendation of the examiner, the text of which was as follows:
* * * * * * * * *
"James Alger Fee "Judge. "Government Printing Office 14-2358 "Endorsed "Filed July 19, 1934 "G. H. Marsh, Clerk "By A. M. Salvon, Deputy"
Although the "final order" administratively prescribed, which is attached to this form of petition, recited that the judge had considered the "findings" of the designated examiner, there is no adoption thereof. The words "found each of the petitioners entitled under the law to be naturalized" states no fact found. It is a bare conclusion of law. The judge signed the form and admitted Scheurer upon the statement that the examiner had found Scheurer satisfactory and the recommendation for admission.
There are several questions to be decided here. First, had this court, by approving recommendations of a designated examiner at the naturalization proceeding, passed upon and thereby rendered res judicata the qualifications of the applicant for citizenship, including the proposition of behavior indicating attachment to the principles of the Constitution for five years prior thereto, so that no actual examination of these facts can be had in this proceeding? Second, if this question is open for examination, had the defendant behaved as a person so attached and had he actually been so attached? Third, did defendant commit a fraud upon the court by taking a false oath when he swore that he was attached to the principles of the United States Constitution?
At the threshold, the effect of the recent decision of the Supreme Court in the case of United States v. Schneiderman3 upon the principles underlying the present controversy must be determined. It is contended that the first question, above propounded, has been settled thereby and that it was held that no examination may be had of the behavior of the defendant within five years prior to primary admission, because a "judgment" was passed by the court in the "final order" which conclusively establishes the basic facts against attack direct or collateral. The majority opinion of the court in that case speaks in part as follows:
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