The Portland daily press., 1890-03-31
OUR NATURALIZATION LAWS.
Judge Webb Delivers An opinion in
the District Court.
The Lewiston Municipal Court Has
Not Exceeded Its Authority.

The Lewiston Municipal Court Has
Not Exceeded Its Authority.
A test of the legality of the naturalization
papers issued by the Lewiston Municipal
Court, was brought before Judge Webb in
the United States Circuit Court Saturday
morning
The case was that of James w. Thompson,
native of Canada, who made his declara-
| tion Of intention to become citizen of the
United States before Clerk p S. Laughton,
| of the Municipal Court Of the city of Lew
iston, on February 90, 1888.
1t will lie remembered that Judge Libbey,
at the January term of the Supreme Court,
held In Auburn, refused to naturalize an
alien whose declaration was filed in the Mu-
nicipal Court of Lewiston. Since that time
Judge Webb has refused to naturalize an
alien whose first papers were issued by the
Biddeford Municipal Court.
2. 5. Laught0n, ESQ.,, clerk of the Lewis
ton Municipal Court, and B. L. Chase, Esq.
have been engaged since Judge Libbey's de-
cision in looking up the law in the interest
of the Lewiston Municipal Court and decid-
ed to present this test case for the decision
of Judge Webb.
Judge Webb after making a careful and
thorough examination of the witnesses as to
the applicants residence here, his moral
character and other qualifications as required
by the statute, gave his decision as follows:
'This is an application based upon a dec
laration of intentions before the Municipal
Court of the city of Lewiston. This case
raises or calls to attention the decision al
ready made in regard to the Municipal Court
of Biddeford, made somewhat conspicuous
by recent events. And it also calls to atten-
tion the report, through the papers, of the
action of Judge Libbey of the Supreme Court
in regard to this same Lewiston court. l
have given this case little more than the
usual examination, and If there are any
ted States | call upon the district attorney
to state them"
Mr. Bird said he had no suggestions to
offer. Judge Webb resumed:
"Thep | will briefly state the ground for
the conclusion which | shall announce.
.The right of naturalization, to be admit
ted citizen of the United States, is govern
United States, the constitution having con-
ferred on Congress the power to establish
uniform naturalization laws. Any one who
examines the history of legislation with re-
gard to naturalization, must observe that
there have been various changes, some of
which are no longer in force.
But the leading provision is found in sec
tion 2.163 of the Revised Statutes of the
United Statutes, (Which Judge Webb read)
This applicant makes his application to the
Circuit Court of the United States, which is
specifically named in the act of Congress.
within the United States more than the re-
quired time and within the State of Maine
much more than one year.
He offers sush evidence as to his attach
ment to the prirciples Of the constitution of
the United States, and favorable feeling TO-
ward the good order and happiness of the
same, also as to his own behavior and good
moral character. He bases his application
at this present time upon declaration OF in
tention made under oath on the 29th day of
February, 1888, which Is more than two
years prior to this present time, conforming
In all respects as to the substance of the
declaration with the requirements of the
law.
We are then brought to the question whe-
ther that declaration on oath thus made Is
sufficient. And first we observe that the
Municipal Court. An amendment to the sec
tion have already read provides that the
declaration Of intention to become a citizen
required by section 2l65 may be made before
tiO Ciclk VI dIiJ VI tuc COuKto udultu III SUCH
section, and all such are as legal as if made
before one OF the courts named In such sec
tion. That brings US finally to the real ques-
ton. The courts, and the only courts before
which these proceedings may be had are
those named in the statute. They must COM
ply fully with every detail of its require
ments. They must be courts Of record they
must be courts having common law jurisdi:-
tlon, and have seal, and have clerB. Now,
the Municipal Court of the city of Lewiston
uac hills chad in Tho fret 80
that act declares: "a municipal court is
hereby established for the city Of Lewiston,
1t shall be court of record and shall have
seal and consist Of one judge" This explicit
having power to establish and organ
ize courts and determine their juris-
dictioD, and declare the duties of the
several officers and provide for their COM
pensation and tenure of office cannot be
doubted, and this enactment fully satisfies
the requirement of the act of Congress that
it shall be court of record having a SEAL 1t
must also have clerk. Now as this court
was primarily organized, section IL provided
that ''it shall be the duty of the Judge of
thereof The judge Of said court may
appoint recorder who shall keep the
records Of said court when requested, and in
case of the absence of the judge shall have
dna das sssf'ss % 5 al ass The and perform s % Ss
stopped there, should hold as under anoth-
er similar enactment did hold. in the case
of Biddeford, that the act Of Congress was
not compiled with,. as recorder of that
character is not a clerk. But il 1872 by chap
ter lit of the private and special laws of that
year an act to amend chapter 36 of the pri-
vate laws of 1871, establishing a municipal
court in the city of Lewiston, change was
made.
This act, which Judge Webb read. pro-
vides for the appointment of a clerk by the
Governor, by and with the consent of the
council. This removes the difficulty in re-
spect to the clerk.
ment that it should be court having com.
mon law jurisdiction Judge Webb read from
an opinion of the Supreme Court of the
United States delivered by Mr.. Justice
Story, discussing the force of the expression
common law" He also read from the de-
cision of Mr.. Chief Justice Shaw. of Massa-
chusetts, as reported in eighth Metcalf, as to
the common law jurisdiction of the Lowell
police court, and Judge Benedict concerning
the court of the city of Yonkers, N. Y. He
and complete common law jurisdiction.
Judge Webb then said that by the amend
ment passed in 1887 common law jurisdiction
was clearly given to the Lewiston court"
which Judge Libby based his decision, for
l have very high respect for his opinion.
He might have been called upon suddenly,
having no time to examine the statutes, and
he may have depended upon the
original act which did not constitute court
of record, meeting the requirements Of the
law.
81 have so high respect for JudgeLibbey's
Judgment that hesitate to give a ruling in
conflict with any that he has made and that
hesitation has led me thus at length to ex-
anime the acts creating the court at Lewis
ton. .
"The result Is that hold that this appli-
cant has conformed to the requirements OF
law in making his original declaration, and
that he has also complied with the condi-
tions imposed for his admission as citizen,
and adjudged him entitled to be admitted,
and direct the clerk TO administer the oath
of naturalization"