The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1913-10-01
IMPORTANT CASE
in u. S. COURT
JUDGE AMIDoN REFUSED TO SET
ASIDE DECISION OF JUDGE
CRAWFORD ON QUESTION OF
NATU oN-s AVS
WOULD SET BAD PRECEDENT,

Judge Amidon filed a written opinion
today in the case Of United States VS..
Elizabeth Lenore. The case involves
a question upon which the, federal
courts have been in conflict. Under
the naturalization law of 1905, if a GER
tifcate OF naturalization is obtained
by fraud" or Is Illegally procured"
a suit may be brought for it's cancel
latlon. The defendant in this case,
MRS. Lenore. obtained the certificate
OF naturalization as the result of a
nearing before Judge Crawford at Me-
dora. Her petition was signed by her
mark, and not "in her own handwrit-
ing" as the statute requires. A spe-
fcial attorney Of the department was
present and objected to the issuing of
me eertiicate because the petition vas
not properly signed. Judge Crawford
heard h objection, o%verruled it, and
directed that the certificate be issued.
The present suit was brought by the
United States in the federal court to
have the certificate cancelled upon the
ground that 1t was illegally pro-
cured" Judge Amidon refused to can
eel the certificate, and dismissed the
bill upon its merits. So
In 1902 Judge Amidon tried the nat
~uralization fraud cases at st. Louis,
Which led to the passage of our pres
ent naturalization law He is thor
oughly familiar with the fraudulent
and illegal practices which were dis
covered at that time in the naturaliz-
alton Of aliens. AS the result of the
trial at st. Louis. a special commits
sion was appointed. by President
Roosevelt to investigate illegal prac-
t1ces in the naturalization of aliens
throughout the entire country. AS
the result of that investigation it was
found that there were two classes Of
Wrongdoings: which needed correction.
would deceive the court by perjury,
n In that way obtain citizenship pa
pers for aliens who had not resided in
the country for the proper length OF
time. Certificates thus obtained NAV
properly be said to have been obtained
by fraud. Second, clerks of court
were carrying or a brokerage business
IN the sale of certificates of naturally
alton without any proceeding in court
Whatever. The price ranged from $12
to sos. The certificates were. sold not
only in the United States. but in Eur
ope. In other cases aliens were march
ed into court at night in bands Of 100
or more, and the oath administered to
the whole company, and this support
cd for all the aliens by the bath of
two witnesses. In the majority of
cases the aliens could not understand
English, n knew nothing Of the oath
that was administered to them. Yet,
upon this sham and spurious ceremo-
ny, certificates of citizenship were is
sued. Certificates of this second class
might properly be described as ,"illeg-
ally 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 GER
t1hcate Of citizenship may be cancelled
on account of an honest error commit
ted by a judge who gives to the case
the hearing required by the law. He
Is Of the opinion that errors of that
kind can be reached only by appeal to
a higher court, and not by a suit in a
court OF coordinate jurisdiction. If
this were not so, there would be a.
babel of conflicting rulings among the
trial courts. If 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 GER
t1icate issued by Judge Amidon. The
suit to cancel certificates may be
brought in state courts as we'll as in
the FEDERAL court. The present suit
might Just as we'll have been. brought
oefore Judge Pollock as in the United
States court, and if the Jurisdiction
exists, we would then have the spec-
tacle Of one district court setting. aside.
the judgment of another district court
because Of a difference of opinion as
to the proper construction Of the. stat
ute. Judge Amidon expresses the opln-
ion that such a practice would go far
to bring the courts not only into con-
met among, themselves. but into public
disrespect.- = - ~.... 49, ~,