The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-11-01
NEW YORK CITY.
THE COURTS.
UNITED STATES COMMISSIONERS COURT.

uNlLu siAteS GuWmoSW"l"s SsS"''
She Alleged Naturalization Frauds-Commif.
neut of Benjamin ID. Rosenberg-A True Bill
found Against Him by the Grand Jsry-Ro.
sepherg Admitted 10 Bail.
Before Commissioner Osborn.
me United States Us Benjamin b. Rosenberg
Commissioner Osborn delivered q lengthy opinion
yesterday morning the case OF the United States w.
Benz. B. Rosenberg, who had been under examine
Zion before him charge OF selling and disposiug
OF large number OF false certificates OF naturaliza-
tion. The case for the several days which 1t
was under examination created Q great
deal OF public interest, but the result
a. to the Commissioners consideration after
che close OF the examination before him was antici.
pated correctly, and the defendant Rosenberg was
committed to await the action Of the Grand Jury on
ms case. This was as prompt as il possibly could
have BEEN for the Grand Jury was sworn in ana had
before them all the testimony in the case before the
rendition OF the Commissioners decison
me following IL the opinion OF the Commits
60ner:--
THR COMMISSIONERS OPINION.
The defendant is charged with having, on the goth
day OF October 1868, falsely made, forged coun-
Forged or countereited five certificates evidences
Of citizenship contrary to and In violation OF section
1873 entitled "An act for the regulation OF
Pm board public and private vessels OF the United
The first question that arises in the consideration
bf this statute is Does the thirteenth section OF the
act have general application to all classes of ma
ZuraliZed citizens, and therefore applicable TO this
ease, when 1t is evident that eleven out OF the four
teen sections OF tina, law relate only to and
were enacted by Congress for the special purpose OF
protecting American seamen on board American
Sesses!. II is clear that that law grew out Of the
20 impress seamen found ON board OF American
Amps. The most enlarged and conclusive Views ON
she construction Of that statute OF 1913 especially
violated, is found IN the decision OF Justice irwin
vi the United States District Court for the Western
M tnV
lPittsburg Leg j., 4th June, 1885, which propose to
quote at some length. This is the only decision l
nave been able TO find relative to the construction OF
Judge says
IL has rarely happened in acts Of Congress that
subjects have been introduced OF q nature widely
different from that expressed In the title and II Is
Sonceded tnat n the several sections of act can
Oe reconclled with each other ana with the single
pupose OF legislation, as indicated In the title
II would be wrong to infer that Congress intended to
embrace more than that purpose, although 1t may
contain con words susceptible Of different construc-
The Judge then goes on and states the reaaou for
Ahs law relating to seamen and lays down the fol-
lowing rue:"lt is proper to give effect to all the
material words OF one section OF statute II they
can be rec0nciled with or have obvious reference
60 the words or enactment OF another section and
whenever this can consistently be done are not at
Dr restrain the only meaning which the words EN-
ployed naturally and grammatically import" Fol-
lowing this rule and connecting the twelfth and thr-
yeenh sections OF the will be apparent that the
words IN the thirteenth section, 'if any person shall
Jorge &C. are intended to be general in their
On the public and private vessels OF the United
The twelfth section provides-"That no ncrson
who shall arrive IN the United States, from and after
the time when this act shall take effect shall be ad-
hhal not for the continued term OF i've years next
preceding his admission as aforesaid have resided
within the United States, without being al any time
during the said five years out OF the territory OF the
United States"
The act OF 1918 is the only one purporting 20 be |
a nd
residence OF five years preceding admission TO clti.
1enship, provision 1t may be assumed, introduced |
- the best evidence OF bona fde eypatriaton, and
probably not admitting by construction temporary
absence during the 1--WE years out OF the territory Of
all persons besides seamen VINO left the territory
upon business for temporary period. But, TO show
the five years would dlsquaify from naturalization.
sne twelfth section further provides that the alien
must mus, have resided IN the United states "cttao,a
bears ont or the territory or he United states"
Sss wss pas as act Which he 'n % % June
Italics were repealed, SO that after that time there
gould be no foundation for an opinion that the
twelfth section embraced only particular class Of
persons. Connecting II, then, with the thirteenth
section we cannot avoid the conclusion that the pen
aites presented in the latter apply 10 the Indictment
before u.s. and thai the District Court OF the United
States has jurisdiction OF the offence charged.
The title OF an act OF Congress, when at variance
with its provisions, deserves no consideration,
though IL may sometimes serve TO explain doubt
the act shows that liz tito is snguarly narrow, and
that besides being intended for the regulation of
seamen on board the public and private vessels ofthe
United states that II introduced important enact
nens in addition 10 the pre-exsting naturalization
laws, aud that these additions are It's nam features,
restricted, indeed iii all Its sections except the
twelfth and thirteenth TO seamen, but regards
chem making provisions fur beyond mere regula-
tions.p
The excepted sections as the court have construed
thom consistent with the OBJECT and provisions OF
the rest and In accordance with what may fairly be
presumed and be the Intention or Congress by
the repeating act OF 1915, from which IL NAV be In
feTreu mat the words continued residence do not,
as II woud be most unreasonable they should, deny
the privilege Of naturalization TO one who. after his
application 10 be admitted citizen, should nni Il
Necessary 10 90 beyond the limits or the United States
before the time prescribed for naturalization
Concurrfng IN the opinion OF the Court as 10 tho
construction OF the act Of 1913 ngt IL Il general IN its
application al classes OF naturaZed citizens aud
applicable 10 the case IN question, pass 10
slider the Facts proved on Inc examination and to
determine whether the evidence IL suite ent 10 hold
the defendant for trial. Now, what are the factsf
Tho witness SimIns tesiihes that on Monday, Octo-
Der 10 1865 he went 10 No Centre street; the place
q basement; one side, In the room, a table with
blank naturalization papers, the other lager beer
ed ana asked Simms what he wanted with hm
witness made no reply except 10 say that he wanted
90 him moment as they went into the back part
Of the saloon. sinms said, 81 ain from ionkers;
have twenty OF thirty men from that place for whom
wan, - oD,n saa raa asgu 20 mna'
and added. "Can you or can YOU not OBTAIN for me
papers for those mem have no witnesses: have
hopFncipals: these men arc TOO poor TO leave work
Tor day hour 10 GO either 10 White Plains or
come 20 This city, Can you yet those papers through
without fsilS don't want you 20 half commence
70 go hall through and then ia II you can't do It
must GEEK elsewhere.o Rosenberg said le would
DO it wnho4t fail and added that he had sold seven
thousand ~ them Five complete fictitious names
were Banded 10y smms 70 Rosenberg on the next
day Tuesday, about cleyen o'clock, aud the latter
said he could have the certificates In the latter part
o the day. ~ siN o'clOCk Simms called again, aud
saw Rosenberg win naturalization papers twirlcd
up In his hand, and ~ dark room lie handed 10
bimms the I'VE certificates with the FIVE fictitious
panes inserted, ald SINUS handed or paid him
Zen dollars for thsm--f. =, two dollars eacf--the
agreed price. otler facts were elected which II IL
unnecessary to consider, put which tend To cor
robOrat0 and support the evidence OF Sifnms and
show that the deeidant wa Ia the business OF
tranCkiug in NATURALIZATION certificates, and that,
tpu, on q large scale
The evidence Oh red by the defence wa 10 show
tnat the i've ctrttCftss were genuine ia respect 70
Nhe aeAl Of Lhe court md the IOunty llerkis name