Evening star., 1952-11-24
Denial Of Citizenship
To Fascist Veteran
Upset by High Court
5-to-4 Decision Holds
U. S. Birthrieht Cont Be
Token Except by Law
BULLETIN

Lie OuOIGIl6 COuTb To-Day
held New York State could not
GUST an archbishop of the Rus
sian Orthodox Church in this
country despite charges he was
under Russian government
domination. The court ruled
81 that a State law designed to
end Communist infiltration in
the church is an infringement
of religious freedom.
The Supreme Court today ruled
that the dignity of citizenship,
conferred as birthright by the
Federal Constitution. cannot be
wiped out by the courts except
under q clear order of law.
The highest tribunal reversed
a lower court decision which had
denied a claim of citizenship to
Joseph Mandoli.
Born in the United States of
Italian citizens, Mr.. Mandoli, also
known as Giuseppe MENDOZA,
was taken back to Italy as an in
FAINT in 1908 and returned to the
United States in 1948.
Failure to Return Cited.
The U. S. Court of Appeals for
the District of Columbia, in deny
ing Mr.. Mandoli's claim of Amer
ican citizenship. held that his
failure to return to the United
States. and assume the duties of
citizenship within a reasonable
time of coming of age. expatri-
ated him.
But Mr.. Mandoli contended
there is no law providing for an
of native-born citi-
zens because of prolonged resi-
dence abroad. The Supreme Court
today agreed with him.
The decision was by a 5-to-4
vote. Dissenting were Chief JUS
tice Vinson and Justices William
O. Douglas, Stanley Reed and
Tom Clark.
Citizen by Birth.
Justice Robert H. Jackson de-
livered the majority opinion of the
tribunal in the case brought
against Secretary of State Ache
son. The court said that although
Mr.. Mandoli was born in the,
United States of unnaturalized|
Italian parents. he was an Ameri-
can citizen under the Federal
Constitution. by birth.
"We think the dignity of citi-
zenship which the Constitution
conferS as a birthright upon every
person born within its protection
is not to be withdrawn or ex-
by the courts except
pursuant to a clear statutory
mandate" the majority opinion
asserted.
Justice Jackson recalled that
Mr.. Mandoli, at the age of Is.
while in Italy, sought to come to
the United States. But the Amer
lean consul at Palermo refused
permission. holding he was too
young to make the journey alone.
In 1881, Mr.. Mandoli saw brief
service in the Italian army.
Rejected in 1887.
In 1887. when about 80 years
Did, he attempted to come to the
United States, but was rejected
because of this army service. He
the effort in 1914 with
the same result, but four years
ater he was granted a certificate
If identity, enabling him to enter
his country to prosecute his case.
The minority opinion pointed
out that Mr.. Mandoli was in
ducted into the Italian Army
protest and took an oath
Of allegiance to a foreign state.
While an opinion of the At
sorney General was cited saying
that one who took an oath in
he army of Fascist Italy did so
under duress, the minority de-
clared:
Eve have no basis for knowing
that every indicted soldier who
took an oath in MusSolini's army
did so under duresS. For all we
know. this American citizen took
the oath freely and gladly. At
leaSt he f0nk IL 4