235 F. 1003 | W.D. Wash. | 1916
Charles Brash, an alien, came to the United States October 13, 1875, and to the territory of Washington, October 21, 1880, on which day he declared his intention to become a citizen. In his petition, filed June 21, 1915, he alleges continuous residence in the United States since June 20, 1910, or 5 years preceding the date of the filing of the petition. Applicant, after filing his declaration of intention and taking the oath referred to, and after residence of six months, became an elector of the territory (section 3050, Code Wash. Ter.) and voted at the elections thereafter, and on admission of the territory November 11, 1889, by constitutional provision this franchise was continued (section 1, art. 6, State Const.) and he on oath states that he was advised by the then United States District Attorney, after the admission of the territory as a state, that he possessed ail the rights which naturalization would give, and that it was unnecessary to pursue his naturalization further, and believed himself to be a citizen. About 21 years ago the applicant was employed by
Objection is made by the Chief Examiner to his admission on the ground that he has not resided within the United States for 5 years next preceding his admission. Section 2170, Rev. St. (Comp. St. 1913, § 4360), provides that no alien shall be admitted to become a citizen who has not, for a continued term of 5 years next preceding his admission, resided within the United States. For tire applicant, it is contended that he believed himself to be a citizen of the United States, and always held his allegiance to the Constitution of the United States, and that it was his intention to return to the United States when the business in which he was engaged was ended, and that pursuant to such determination he did return to the United States, and this mental condition or determination should be the controlling factor. In re Deans (D. C.) 208 Fed. 1018, and U. S. v. Deans (C. C. A.) 230 Fed. 957, are cited to the court as sustaining this view, as well as a number of other authorities bearing upon legal, as contradistinguished from actual, residence, which I do not think have application here. I think this case is clearly distinguishable from the Deans Case, in this, that Deans was only absent from the United States two months when he was-in Scotland and four months when he was employed in the Panama Canal Zone, where he was discharged because lie was not a citizen, and the court in that case, and I think properly, held that the residence contemplated by the act of Congress was not interrupted by the absence under the circumstances detailed. The court in that case merely held that it was not the intention of Congress that an alien must be actually and physically within the United States, actually present every day for the five-year period. Precedent and reason, show that each case must be determined upon its own facts, and that temporary residence of short intervals does not destroy the continuity of residence, constructively, at least, continued. In the instant case the applicant was actually absent from the United States with his family, maintaining his home, his residence, his habitat, in a foreign domain, for the period of 20 years or more, and has only been a resident of the United States for one year immediately preceding the filing
Application is denied.
