The sun., 1918-05-14
GERMAN LOSES
US. CITIZENSHIP
AFTER 50 YEARS
F. W. Wursterbarth, For.
mer Postmaster of Lake.
view, Branded Enemy.
WILL AFFECT THOUSANDS
Federal Judge Haight Decides
Disloyal Hyphenates Can
Be Prosecuted.

Frederick ". wursterbarth. formerly
postmaster Of Lakevisw. Passaic
County, N. J.. naturalised thirty 1--WE
years ago. no longer Is = citisen Of the
United StaSss. Instead he is an alien
enemy. for Judge Thomas G. Haisht in
the United States District Court At
Newark revoked his naturalization
papers yesterday.
The case is becsved to have but one
precedent. Thirty or forty years ago in
the West similar action was taken.
Judge Haisht. upon hearing evidence
o. wursterbarth's dlsloyalty. decided
that when the German took out his
naturalization papers and swore that
he renounced allegiance to the Kaiser
lie did not mean It, that his heart still
was loyal to the fatherland and that the
citizenship. therefore. was obtained by
fraud.
The case is regarded as Of the utmost
Importance because It opens 4 path
whereby the Department Of Justice can
1cach pro-Germans who have been i'm.
mune thus far from internment by reason
Of their citizenship. These legal Ameri.
ans but real Germans long have been
regarded by Government agents as the
most dangerous element in the United
states. ...t
Heretofore the speeches and behavior
~ such hyphen1fes Nh~e been wAtehSa'
with impotent rAte. They went un-
scath6d. Now II - intimatsd that simi.
lar actions may be Instituted against
the hundreds OF citisens- -by-law whose
records have been compiled and laid
away by the Army and Navy Intelli-
gence Bureaus and United States Dis
,rict Attorneys and Marshals every
where.
Wanted to See GePmans Win.
wursterbarth once was q councilman
Of Lakeview. besides being postmaster
until recently. He keeps a stationery
and candy store at 14S Crooks avenue
that town. According to his nsighbors
lie refused to Aid the Red Cross, Y. n.
=. A. or the Liberty loans. He said,
if was testified. that he would not do
anything to aid this country's cause
and that ne did not want to see America
win the war Major Carl Lentz. his
,nunsel. gave notice. however, that an
sppeal will be taken.
When Wursterbarth had . hearing re-
c.ntly before Judge Haight he heard
ne Government witnesses tell their
9,ores Of his alleged disloyalty. There
Here men and women among them. per-
on.s OF undoubted responsibility. There
Was no explanation forthcoming from
,ther Wursterbarth or his counsel. The
latter did aot put the accused man on
the stand. He simply argued against
the contention Of the District Attorney.
which was that Wursterbarth had OBJ
aimed hts citizenship papers by fraud.
,nasmuch as he had sworn allegiance to
his country and had renounced Ger.
many when he was naturalixed thirty
nv, years ago. but subsequently had
ted in a way to prove his insincerity.
.Idgc Haight in handing down his de-
Ion referred to the facts As presented
.? the Government and tho absence OF
any denial by the defendant. He said !:
The respondent. did not attempt to
refute or explain any Of that testimony.
Il thus appears. without contradiction,
that the respondent. although a citizen
of this country. on three separate occa-
s'ons tssveral months having tntervened
lttween each) since the outbreak Of the
var with Germany gave vent to ex-
Iressions which clearly indicate that At
this time he bears an allegiance TO the
'ountry OF his origin superior to that
nich he recognizes to this country.
Took Oath with Reservation.
While his present state Of mind 10 Of
'ourse not the main fact In issue, yet
II at the time the certificate Of citizen
nip was granted to him he retained
the -"me allegiance to Germany as he
now manifestly has. it Is not contended.
and indeed 1t would not seem to be de-
Latabe, that any other conclusion
,ould be reached than that the certificate
had been procured by fraud. because the
provisions Of the naturalization act at
the time the respondents certificate was
issued tsection 2.is5 Of tho Revised
Statu'es) required that before he could
he admitted to citizenship he should de-
care on oath that he would support the
constitution Of the United States and
mat he absolutely and entirely renounced
ana abjured all allegiance and fidelity
10 any foreign sovereignty.
the question, therefore. on which the
decision Of this case depends Is whether
y may be legItimateiy inferred as a
Tact, from his present state OF mind.
coupled with the circumstances to he
Ioreinafter referred to. that he was Of
ne same mind at the time he took the
oath OF allegiance and renunciation. In
at aspect the case Is one OF first i'm
preston, so far as am informed. or
nave been able to ascertain.
II must be borne In mind that the
RESPONDENT did not express any dissatis-
faction with the aims and purposes Of
th's country In the present war. or with
tne reasons which had induced Congress
20 declare war. but that he boldly took
,ae position that he would do nothing to
\ inlure the country Of his birth. and did
net wish this country to win the present
war because Of the ties which bound him
/ 10 Germany.
| AS the years succeeding his naturali-
1atlon passed. coupled with the fact that