New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-10-30
OPINIONS OF THE Bah.

has been committed with guns. KNIVES
pistols, fence rails aud brickbats. is but
putting many hooks Oh the same line ard
so increasing the chances Of capture. It
is on the same principle that the con-
glomerate attorneys have alleged the au'
thosity OF the Second Distric: Court on
two separate, if not contradictory. grounds:
I. Tha, the Second District Court OF New
Orleans is district court. ann emitted:
under section one Of the act o. Congress Vi
1892. 10 natural:zs foreigners.
=. That the Second District Court OF He%
Orleans Is a court Of cecord. WITH sea-
and clerk; that it has common Ia" )"'lsu.o'
ton in that it is a court when .'nte'taluS
quits foc money demanded. anu AL ot'eoE y:
actions against successors. minors inN "
terdicted persons. 3nd "a suca "as s1'''"'o
ton to natuyaiiZe aliens.
Il is unusual to sec one section exp!ah'
atory Of another section Of tie same act.
Yet such is the fact with regard to the
naturalization act Of 1902. The first sec.
ton describes the courts Of jurisdiction
as supreme. superior. district or circuit
courts. Tie third section .ecites that 1t
is doubted whether ''certaln courts OF
record are included within" this descriE'
ton or category. and then defines certain
courts OF record entitled to admission into
the first category. as ''courts OF record
having common law jurisdiction. The
New Orleans bar contends that because
the Second District Court bears the name
Of one class Of the category. therefore it
is a lawful Jurisdiction under the first sec.
ton of the act. Eut. with the caution OF
old campaigners. they put another court
in their declaration. and. like skillful
fishermen. add another hook to their legal
line.
whatever may be the weight Of ars7-
ment as to the first point made. there can
be no force in the second. l. AL right to
entertain civil suits. ''except Us to pro-
bate" has been by the constitution taken
away from the Second District and given
to other district Courts. Each OF the
suits for ''many demands" cited in the
resolution has been given by the statute.
and is not derived from the common law.
This RICH: of action is. we repeat. either
incidental to the ecclesiastical law. or de-
rived from statute. In neither case is It
Jurisdiction of common law.
But let the question be decided as 1t
may, it is certainly better for the alien.
to become III American citizen.
that it should be settled definitely. We
have shown the danger that the deed or
will of a non-naturslized person may be
thrown into by litigation. This is "ufti"
Gent to put our friends Of foreign birth
on their guard. We will add another
very serious personal consequence o.
defective naturalization. The citizens Of
some foreign continen: are held to per-
form a certain term Of military service
for their Stale. Many Of these persons
emisrate to America before such term Of
service begins or is completed. In con-
sequence Of such persons return within
the jurisdiction OF their native State.
they may. and. Indeed. vii! be. required to
perform the military service required by
its laws. Do our friends natura!.zed III
the Second District Court know the risk
to which they may lie exposed in the last
case: TO impress it more particularly
upon them. We will explain Low j: is
probable tina: the first doubts il regard 20
the Second District Court originated.
Every one knows the Martin koszta case.
IN Austrian subject had declared his in
;ention to become Az American citizen.
He was arrested on visit to Austria. and
held to military service as al Austrian
subject. He was claimed under the 3es.
potic doctrine .'oncc a subject. always y
subject" An American officer reclaimed
Koszta by force. and defended him from
the deck Of an American vessel.
The State department Endorsed and es-
iablished the American allegiance OF the
foreign.born subject. as the government
had before done in the war Of 1912 with
England. Koszta was saved to freedom.
Again the subject of German soverei gn
had declared his intention to become al
American citizen. and returned to Ger
many Oh visit. He was arrested and
held to military service under the laws of
the empire. He filed his certificate Of
American citizenship. The German gov.
eminent did no: controvert the right Of
self.expatriation. and Of transferred ale
glance to foreign power. 1t found.
however. patent defect in the papers
themselves. in this that the declaration Of
intention purported to have been made at
one date. and the contamination of citizen.
ship claimed to have been made three
years thereafter. when the laws Of the
United States required residence OF five
years from and after the date Of declared
intention. The German government
directed an inquiry into the facts through
its minister at Washington. The letters Of
naturalization were adiudged Invalid. The
German subject was reclaimed and as.
signed to military duty under the laws Of
the empire. To arrest this careless or
corrupt practice. involving SO much evil
to immigrants, the federal government
determined to hold the witnesses to this
fraud responsible. and directed their pros.
ecution. 1t was then found, o: believed
by the officer SO Instructed at New Orleans.
that the declaration of intention lad, in
the case stated, been made IN the Second