237 F. 735 | E.D. Pa. | 1916
From the testimony taken in support of the petition, it appears that the petitioner was born in Norway, in 1867. His father’s name was Johan Holland. In accordance with the custom in Norway, the petitioner was there known as Olaf Johansen. He came from Chile to the United States in July, 1887,- arriving at the port of San Francisco, Cal., upon the vessel James Allen, upon which he had shipped as a sailor under the name of Olaf Johansen. In 1892 he declared his intention of citizenship in the criminal-district
The petitioner avers that, when he made his declaration of intention and filed his petition for naturalization, he inadvertently omitted his surname “Holland,” and prays that the record may be amended, so that the surname “Holland” may be added to his name, so that it shall appear as “Olaf Johansen Holland,” and that a new certificate of naturalization be issued to him upon his old certificate being surrendered for cancellation.
“It shall be lawful, at the time and as a part of the naturalization of any alien, for the court, in its discretion, upon the petition of such alien, to make a decree changing the name of said alien, and his certificate of naturalization shall be issued to him in accordance therewith.”
The court is not given the discretion to change at any time the name of a naturalized citizen, where either inadvertently or deliberately he failed to make the application at the time and as a part of his naturalization. The court is without power to make the change upon this belated application. The inconvenience to the applicant may perhaps be overcome by an application to the court of common pleas under the act of April 9, 1852 (P. L- 301), and a certificate of a decree, accompanied by the petitioner’s certificate of naturalization, would no doubt be sufficient thereafter as proof of identity.
The prayer of the petition is refused.