268 F. 172 | E.D. Mo. | 1920
On June 23, 1920, the applicant, Boruch Kornstein, an alien and native of Russia, giving his occupation as that of a hotel keeper, filed petition for naturalization No. 8904 in this court. As a part of his application, Kornstein identified himself as the identical person whose petition for naturalization No. 3368 was on September 11,1914, denied on a finding that he was not a man of good moral character.
The government opposes the naturalization of this candidate, and prays that his petition be denied with prejudice, and that the verifying witnesses thereon be disqualified from further appearance in naturaliza
The first question presented is whether the proprietor or keeper of a hotel or lodging house, of the character the evidence shows the petitioner conducted, can be said to be a person of good moral character, attached to the principles of the Constitution, within the meaning of the naturalization act. From a review of the authorities, it appears that naturalization has been refused on the following grounds : Where the candidate has been guilty of perjury, In re Spenser, 5 Saw. 195, Fed. Cas. No. 13,234; where the liquor laws of a state are flouted, United States v. Hrasky, 240 Ill. 560, 88 N. E. 1031, 130 Am. St. Rep. 288, 16 Ann. Cas. 279, United States v. Gerstein, 284 Ill. 174, 119 N. E. 922, 1 A. L. R. 318, and In re Trum (D. C.) 199 Fed. 361; where false answers are given to a naturalization examiner during the preliminary examination of the candidate, In re Talarico, 197 Fed. 1019; and where the candidate habitually violated the election laws by voting, In re Centi (D. C.) 211 Fed. 559.
The danger of permitting such witness to continue to act in naturalization causes is such that, at least until such time as opportunity presents for the appellate court for this circuit, or the Supreme Court of the United States, to declare the law on the subject, the witnesses in this case will be debarred from further appearance as naturalization witnesses in this court.