The St. Louis Republic. [volume] (St. Louis, Mo.) 1888-1919, 1903-12-17
Appeal Brief in Naturalization
Case Denies Right to
Issue Papers.
ALLEGES TRIAL JUDGE ERRED.
Declares That st. Louis Tribu-
naPs Jurisdiction Is Limited
by the Constitution of
the State.

That the st. Louis Court of Appeals has
not the Jurisdiction to grant certificates
Of citizenship is the contention made In
the appeal brief. filed yesterday in the
United States Circuit Court Of Appeals. in
the case Of Nathan Levin. who was con-
victed OF naturalization frauds and sem
fenced to the Penitentiary for five years
by Judge Elmer B. Adams Of the United
States District Court.
In the brief 1t IL stated that the trial
court erred in rendering judgment and in
passing sentence upon Levin. under each
Indictment. and that each indictment
failed to state facts SUFFICIENT to constitute
an offense.
In his argument. Walter d. Coles. who
prepared the brief says: 1T is believed
that the questions presented for coneidera-
ton have not heretofore been authorita-
lively determined by any Of the Federal
Appellate Courts
JUDICIAL PROCEEDING.
1T is well established that the adnis-
sion Of an alien to citizenship under the
naturalization laws IL a judicial proceed
ing. The court acts only after the judi
cial entertainment Of the required facts
and the act of the court In admitting appli-
has all the attributes which are charac-
tertstic Of judgments.
The power to naturalize aliens has
been conferred exclusively on courts and
which have been empowered to admit
aliens have always been courts Of rec
ord, and the Jurisdiction has not been
upon on.z or
their personal OF Individual capacities
The st; Louis Court Of Appeals was
stabiished and it's jurisdiction defined
State of Missouri. The constitution pro-
yided that an appellate court. known as
the st. Louis Court Of Appeals. should
be established. the jurisdiction of which
court shall be co-extensive with the city
OF st. Louis and the county Of st. Louis.
The court has power to issue writs Of
habeas corpus. quo warranto. mandamus
and certiorari.
''If the assumption is INDUCED that the
State Of Missouri retained plenary author
ity over the subject Of naturalization. it
would be beyond the power Of the Legis-
Louis Court Of Appeals Jurisdiction to
naturalize citizens
Under these conditions there can be no
siding or abetting nor counseling or adj
visins felony: where there can be no
felony existing
ASKS FOR DISCHARGE.
The brief asks that the Judgment OF the
United States District Court be reversed
and that the cause be remanded. with d.
rection to discharge the defendant
Levin was tried. convicted and sentenced
on sixteen indictments OF two counts each.
All counts. charged. offenses In connection
with naturalixati ton proceedings had. or at
tempted before the St. Louis Court Of Ap-
peals. and with aiding or abetting certain
persons in securing fraudulent naturaliza-
ton papers. s-...
Levin's attorneys filed a petition for
writ OF error. which was granted. Fail
ing to give bond. Levin was committed
to the Penitentiary.
Should the United States Circuit Court
Of Appeals decide that the ST. Louis Court
Of Appeals has no jurisdiction to issue
papers to Aliens all papers
issued by It would be declared illegal. The
court began to naturalist aliens in 1895
and has since issued about L30o papers.