Public-domain · open source
OpenJurist

209 F. 143

Docket No. 9,886.

In re McPhee

Pennsylvania Eastern District Court

Decided November 29, 1913.)

Pennsylvania Eastern District Court · decided 1913-11-29

<p>Aliens (§ 68*)—Naturalization—Construction of Statute.</p> <p>Tbe certificate from tbe Department of Labor, which an applicant for naturalization is required to file with his petition by Naturalization Act June 29, 1906, e. 3592, § 4, 34 Stat. 596 (U. S. Comp. St. Supp. 1911. p. 529), showing tbe date, place, and manner of bis arrival, is not necessarily tbe same certificate wbicb it is’provided by section 1 (U. S. Comp. St. Supp. 1911, p. 124) shall be issued to an immigrant on bis registry by tbe Commissioner of Immigration, nor need it be made up from tbe record of bis registry, since be may be admitted to citizenship on proof of tbe requisite facts, although be did not come into the United States through a regular port of entry.</p> <p>[Ed. Note.—For other cases, see Aliens, Cent. Dig. §§ 138-145; Dec. Dig. § 68.*]</p>

1 counsel of record

Relies on In re Schmidt

Good law ✅— No negative treatment on recordhow we know

Petition granted · Decided 1913-11-29

How this case has been cited

Cited by 10 later decisions — most recently December 1934

3 federal appellate · 7 district ·

70191319201930decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1Aliens (§ 68*)—Naturalization—Construction of Statute.

¶2Tbe certificate from tbe Department of Labor, which an applicant for naturalization is required to file with his petition by Naturalization Act June 29, 1906, e. 3592, § 4, 34 Stat. 596 (U. S. Comp. St. Supp. 1911. p. 529), showing tbe date, place, and manner of bis arrival, is not necessarily tbe same certificate wbicb it is’provided by section 1 (U. S. Comp. St. Supp. 1911, p. 124) shall be issued to an immigrant on bis registry by tbe Commissioner of Immigration, nor need it be made up from tbe record of bis registry, since be may be admitted to citizenship on proof of tbe requisite facts, although be did not come into the United States through a regular port of entry.

¶3[Ed. Note.—For other cases, see Aliens, Cent. Dig. §§ 138-145; Dec. Dig. § 68.*]

¶4In the matter of the petition for naturalization of George McPhee.

¶5Petition granted.

¶6Jerome C. .Shear, Chief Naturalization Examiner, of Collinswood, N. J., for the United States.

¶8THOMPSON, District Judge.

¶9The objection of the Naturalization Examiner to the granting of the petition for naturalization in this case raises the identical questions considered by Judge Orr in the Western district of Pennsylvania in the case of In re Schmidt, 207 Fed. 678. Aside from the desirability of conformity with the decisions of the courts in this circuit, I entirely concur in the reasoning and conclusions of Judge Orr in .that case, in which Judge Young concurred.

¶10It is therefore ordered that the prayer of the petition be granted. The petitioner may be admitted to citizenship on taking the proper oath at a naturalization hearing in this court.

/209/f1d/143 · .json · Public domain