The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-03-24

| the court of whicl that evidence Is Z record.
III. are Dso1 ss
racter George Matse verified May l. 1877 BY Susan
n.ss and also the o.t q on atnssanos ts made By George
naturalization record, page 1,<"
contained George sstsss Il dsssraon Of intsnaon' md
dated May H. 1925. His report, ~ required by the
nsurazation laws, on The oppost> page, under date
VOL the book Of formal records OF naturalization
before stated Page i74 mentioned in that note Of rs
renee gone, and 1t evident that the missing Leaf has
been cut out This book contains index reference to all
the records embraced within H. and among the names Is
that of George MAtsel distinctly visible although the
last two letters Of the nr name have BY descending
Of" and the letter Is the initial to represent some
MIDDLE name, has been added The number Of the page
pi marks over them. The lower parts Of the altered
evidently made wi the ink, and have visible
evidence Of much ess than the original entry The
pectivey May 18th and 10TH 1877. It win be remember
ed that Masels proof Of character and oath of aeg
snse were en- made and asd on the 18th day Of Nay 1871
page which these proceedings appears refers to page
l74 in VOL s. which Is the missing page. From this
mind that page liza contained the record of George Mat
sells naturalization according to the refsrence 10 the
tive which would lead him destroy that record but
he had the strongest of al possible motives to
Office and light suffrage depended on the act Of his
naturalzatGn and OF which the record is permanent
proof Il the proceedings of Matse to OBTAIN naturaiza
tion had involved criminal act he might have had
the motive to oberate evidence of his guilt but in that
case he would not have been satisfied with the
trucn Of the record for that is only clerical work
He would with much more propriety, If such had been
his object have destroyed his oath allegiance proof
which remain entire think the proof on this subject
ustfes the conclusion that the of naturalization
existed and the presumption law is that it contained
AVermeut6 q
the record had appeared and had not shown thas
ss 1aS o R
would in this have been conclusive, and the
Ds,uI; :, 1son s would have been held perfect cr.nch
turazaon alone confers the rights of citizenship,
no o+oer of the Court formal record necessary In
such all prior proceedings and steps which the Law
requires be done in order to perfect the naturalization
win be presumed BY the Court to have been done and
The legal inference that Susan Massl who testified
to the character of George Matsell, competent
proof that the witness was alien nor she had
hen, do believe that the proof would have been
Proceedings under the naturalization laws are t, be
Literally construed and every reasonable in5en1m
should be made in their support. (1e WepdSn. e2b)
Upon the principles contained in the authorities cited
legally natuaHzed the Court in which tie proceedings
we're instituted such court contemplated BY
section Of the naturalization act of 1902 II the
trraization law be sustained upon any other grounds
is s 81
Mayors Court Of this city, court Of record within the
meaning of section three OF the act of 1902
The signifcaton OF the term "Distrct Court used in
the first section of the act is defined the amendment
embraced In the third secticn the stands.
may be instituted must defined in that section be
seme court OF record, having clerk and seal, and
wits Of would lie at law, to superior
common law court. The term "comm law jurisdic-
to the course of the common law II the court have
both requisites: IT l IN no proper sense court hsving
aith nothing isss This course required court to
keep record roll Of its procsedngs which, being
esed proved ITSELF could make rules for ITS regu
hhon and that Of its suors and it issued Law
process (Jscob's Law Dictionary title Courts" and
Mayors Court OF this city, is specially empowered try
certain common law actions It has clerk and for
aiWays csnstitussd the extent Of it, Jurisdiction
TO common law court 1t never proceeded, &C
cording to the course Of the comm IN law-writs
error would never lie upon its judgments and it has
always Teen destitute Of many other powers incident
courts OF common law jurisdiction. The creating
Superior Courts have often decided that only
fS, certain sap purposes g Hin 6sa Sanford 2ss 12
purposes has never, to my recollection judi
cious explained nor has Il ever yet been held in this
state that the Mayors or Marine Court is court Of re-
cses Of although that idea has sug
gesteo in an ota rsmark mace BY Mr. Justice Bronson,
the somewhat analogous Of Wheaton and Doottle
Fellows, % Wend., o75. Mr. Justice Shaw also in
Metcafs Mass Rep. 16S has decided that she Police
thorize proceedings natural under the general
statute OF 1907 do not know the particular character.
tics Of the Lowell Police Court butt have been inioroed
that Of the State Courts Of Massachusetts
s1s1's n.s sSsns s:..Sa % nsessy il
otherwise, aliens could not become aatRIhzsi in her
courts. On the WHOLE have little hestitoQ N 90
sla,eg that .. upon principle the Mayors or1asune
proceedings In naturalization when the tcer of the
Chiet was natuIalized, because that not
common law court within the meaning OF the act of
1902 But at this late day in the history OF this suSe,t
other considerations thoud prevail, a. leAt in This
court
Many thousands Of aliens have been nsturazed in i.
DepeDtg upon the validity Of those proceedings they
have exercised for many years an he rights OF citizen
fHce they have acquired real estate, and have con
veyed t. Others have transmitted it by ee.th to
would necessarily result from the determination
of the superior courts Of this State that such
can affect the Chief only in his title to this Office assu-
mipg that have jurisdiction him for the
be s s
by in those tribunals .hose decisions authoritative
tor all purposes believe that those courts would
hold the nauralizatons Of the Mayors Marine Court
npon the tact Of The long acquescsnce of the public in
their supposed validity, amounting to implied agree
consequences which would inevitably flow
the contrary decision. The principle, 'comnauns
foci Jus though not favored, may be applied with
great proprety this class of cases 'The law IA
the public good that It will permit
to pass for right" This prosecution is In
the behalf Of the public and the Chief may we'll plead in
bis defence the long and uniform practice Of the pub
s's court Of justice. On that plea the prosecution
ought to be stopped The public good will
be promoted by allowing the bar to prevail.
upon the whole case therefore, by this protracted
and tedious investigation, have come to the following
conclusions
lst That George W. Matsel bern alien, subject
of Great Britain.
Cd That his father George Matsell was duly natural
lied in the Marine Court Of the city Of New York. the
18th day of May, 1927.
3D. That George W. Matsel at the time Of his fathers
naturalization resided in the United States, minor,
resident in the United States, and, therefore, became
ci' 'izen by such naturalization at that time
4th. That the specfcahonlon which he has been tried,
| Is not substantiated.
The complaint is accordingly dismissed.
E s. CApRON.
OPINION OF MAYOR WOOD.
MAYORS OyYCB March %, 1885,
Although differing with the Recorder aud the CITY
and