The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1913-10-02
REFUSES
TO GRANT ORDER
Effort to Set Aside Citizen
ship Fails in Federal
Court.

Fargo. n. d.. Oct. 2.-Judge Ami
don filed a written opinion yesterday
In the case of United States VS.. Eliza
beth Lenore. The case involves a
question upon which the federal
courts have been in conflict. Under
the naturalization law Of 1906, If a
certificate of naturalization is obtained
by fraud" or is illegally procured
a suit may be brought for its cancel
lation. The defendant in this case,
Mrs. Lenore. obtained the certificate
of naturalization as the result Of a
hearing before Judge Crawford at Me-
dora. Her petition was signed by her
mark, m not Sin her own handwrit-
ing" as the statute requires. A spe-
cial attorney of the department was
present and objected to the issuing OF
the certificate because the petition
was not properly signed. Judge Craw-
ford heard the objection. overruled II,
and directed that the certificate be is
sued. The present suit was brought
by the United States in the federal
to have the certificate cancelled
upon the ground that 1t was illegally
procured" Judge Amidon refused to
cancel the certificate. and dismissed
the bill upon its merits.
Tried Important Case.
In 1902 Judge Amidon tried the
naturalization fraud cases at st. Louis,
which led to the passage Of the pres
ent naturalization Law. He is thor
oughly familiar with the fraudulent
and illegal practices which were dis
covered at that time in the n%attirafiz-
alton of aliens. AS the result Of the
trial at st. Louis. q special commits
sion was appointed President Roose-
Welt to investigate illegal practices in
the naturalization of aliens through
out the entire country. AS the re-
suit of that investigation it was found
that there were two classes Of wrong
doings which needed correction. First,
the alien and his witnesses would de-
ceive the cour by perjury, and in that
way obtain citizenship papers for
aliens who had not resided in the
country for the proper length Of
time. Certificates thus obtained may
properly be said to have been obtain
ed by fraud" Second, clerks OF court
were carrying on a brokerage business
in the sale Of certificates. Of natural
ization without my proceeding IN
from $12 to SOS. The certificates were
sold not only in the United States but
in Europe. In other cases aliens were
marched into court at night in hands
OF 100 or more. and the oath admin.
istered to the whole company, and
this supported for all the aliens by the
path Of W witnesses. In the majori-
ty of cases the aliens could not UNI
derstand English. and knew nothing
OF the oath that was administered to
them. Yet. upon this sham and spur
ious ceremony. certificates Of citizen
ship were issued. Certificates of this
second class might properly be de-
scribed as ILLEGALLY procured" judge
Amidon holds in the opinion filed that
such was the purpose Of the statute.
He declines to follow decisions which
hold that a certificate Of citizenship
may be cancelled on account Of an
honest error committed by a Judge
who gives to the case the hearing re.
quired by the law. He is Of the opin.
ION that errors of that kind AN be
reached only by appeal to a higher
court, mi not by a suit In a court Of
coordinate Jurisdiction. If this were
not 30, there would be a babel of con.
dicting rulings among the trial courts.
II Judge Amidon should set aside the
certificate issued by Judge Crawford
IN this case. Judge Crawford in the
next case may be called upon to set
aside a similar certificate issued by
Judge Amidon. The suit to cancel
certificates may be brought in state
courts as well as in the federal court.
The present suit might Just as we'll
have been brought before Judge Pol
lock as in the United States court,
and II the jurisdiction exists, we
would then have the spectacle Of one
district court setting aside the juig-
ment of another district court because
Of a difference of opinion as to the
proper construction Of the statute.
Judge Amidon expresses the opinion
that such a practice would go far
to bring the courts not only into con-
nict among themselves. but into pub.
lie disrespect.