Evening star., 1953-02-21
Judge Kirkland
Hits Ruling on
Naturalization
High Court Erred
On interpretation,
Jurist Declares
By Joseph B. Byrnes

By Joseph B. Byrnes
In scathing judicial language,
Federal Judge James r. kirk
land said yesterday the Supreme
Court has frustrated Congress
sional intent and misinterpreted
the law In q naturalization case.
Stating he was bound, how
ever. by the high courts ruling
In the case Of Mandoli v. Ache
son. Judge Kirkland Of the u. s.
District Court for the District of
Columbia. reluctantly" found
Ida Guadio. of Italy, to be an
American citizen.
Mrs. Guadio, the wife Of an
unemployed Italian tailor and
the mother Of two sons, Is and
16, was born in New Haven,
Conn.,, on December "a, 1916, of
naturalized parents.
In September. 1921, her par
ents took her to Italy, where she
remained until October 10, 1852.
She was permitted to come here
on a certificate Of identity to
prosecute her case. X
u. s. Passport in 1887.
BY act of her parents, Mrs.
Guadio asserted. she obtained
dual citizenship. In 1885, she
wed an Italian national. She ap-
piled for and was granted an
American passport In 1899 but
did not use it. giving the illness
OF one Of her children as her
reason for not returning to the
United States.
State Department attorneys
argued that the law required all
Americans obtaining dual citi-.
zenship through acts Of their
parents to elect United States
citizenship within two years
after reaching their majority. 4
Mrs. Guadio. SO. countered she
was unable to meet the require
mentS, since the consulate at
Naples was closed from 1941 TO
1916.
Nevertheless, Judge Kirkland
said Mrs. Guadio made no at
tempt to embrace American citi-
zenship from 1887. when she be-
came 21, until June, 1947, when
she filed an application for re-
patriation
Sees Uncertainty.
Until that date" the jurist
asserted, "she seemingly was in
a state Of uncertainty as to
where the pastures were green
est.
Now. with the shadow Of mid
die age approaching, she appar-
emily feels the greatest benefits
lie in American citizenship. The
lure Of social security and old
age assistance pensions attract
many who have not contributed
an iota Of assistance to the we'll
being Of the country"
Continuing his blistering at
tack on advantages taken Of
dual citizenship. Judge Kirkland
said:
The Supreme Court erred In
its legal premise in (Mandoli v.
Acheson). >. Instead Of an i'm
mediate election on reaching
majority, the native-born dual
national was to have two years,
after the date Of reaching ma
jority, within which to make his
choice Of allegiance"
High Court Decision.
The Supreme Court, in the
Mandoli case, declared that
lengthy residence in q foreign
land by a dual national, in the
absence Of affirmative action, did
not necessarily deprive him Of
citizenship.
(The U. s. Court Of Appeals
Tor the District of Columbia.
in another case, Acheson v.
Maezoni. handed down last
week, specifically adopted the
high court views.)
The rare criticism of the high
est tribunal by q lower court
Judge continued:
Thus the statement that the
consistency Of congressional
policy not to subject q citizen by
birth to the burden and hazard
OF election at majority is doubt
ful and apparently not sup
ported by congressional record
Of the proceedings"
He added:
The Interpretation now rest
ing on this provision has COM
pletely frustrated the congress
sional intent to eliminate the
vexing problem Of dual nation
ality.
Reluctantly, this court is
under compulsion to follow the
conclusions of both appellate
courts and, accordingly, the
plaintiff shall be adjudged an
American citizen"
Representatives Quoted.
A former counsel for the SEN
ate District Committee. Judge
kirkland is a Republican ap-
pointed to the bench by Presi-
dent Truman. He included sew
eral footnoteS to his memoran.