28 Ohio C.C. Dec. 15 | Ohio Ct. App. | 1913
This is a petition in error, the object and prayer of which is to reverse the judgment of the court of common pleas of this county refusing the application of Stephen Vura for admission to citizenship of the United States, under the laws permitting the naturalization of aliens.
The assignment of error is that the finding of the court below, that the applicant was not entitled to be admitted as a citizen, and the judgment of that court dismissing his application are contrary to the weight of the evidence.
We are first to dispose of this preliminary question. Our immediate jurisdiction, if 'there is any, is conferred by the laws of Ohio, under which this court is organized and proceeds.
By those laws, Section 12247, General Code, the right and duty of this court to review upon petition in error the action of inferior courts extends to all judgments and final orders of the courts of common pleas. This provision, it is believed, comprehends the case brought before us for- review by the present record, the court below being one that has common law jurisdiction, a clerk and a seal.
The right to naturalize foreigners in the first instance is reserved to the United States by its constitution, which is the source and foundation of authority in the whole matter. The language of that instrument in this respect, Section 8, Article I, is: “The Congress shall have power * * * to establish an uniform Rule of Naturalization, * * * to make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers * * By adopting the constitution, including this provision, the states have made congress the exclusive depositary of the power to clothe aliens with the rights of citizenship. But it does not follow from this assent that congress must employ only federal courts or other agencies in its exercise of the power thus reserved. It is
We do not, however, have to rely on this idea— negatively postulated — of the failure of the general government to occupy the entire field of jurisdiction. We may conceive that if by nonuser the United States may thereby impliedly allow state tribunals to act in exercising a power which the constitution has created, not vainly but to be exercised, with better reason it may reach the same end affirmatively by abdicating in favor of the state courts, by surrendering to them, in whole or partly, or by .parceling to them, together with its own judiciary, the exercise of the powers created by the constitution of the United States in respect of naturalizations. We submit that as matter of history congress has done both of these things. First, it
It is hardly conceivable, we think, that a state court clothed with jurisdiction, with the power to hear and determine, can be compelled by construction only to carve up this power and deny a remedy, to which he thinks he is entitled, to the man of whose
.Beyond this, although far inferior to it in point of importance, the case relied on at the bar in support of the district attorney’s opposition to our entertaining this petition in error does not in our opinion support the contention. It is the case of United States v. Dolla, 177 Fed. Rep., 101. The
However, the right of review was refused on two grounds by the United States circuit court of appeals. One was that an application for naturalization is not a “case,” within the meaning of the federal statutes allowing appeal and error. Instead, it was held to be a “special proceeding,” for a review in which case those statutes make no provision. “Special proceedings” in Ohio law are, as we think, the subjects of review in this court by the comprehensive terms of Section 12247, General Code, already referred to.
The other point in the case cited was that the
The brief for the government in the case at bar says: “It is hardly conceivable that Congress intended that appeals in naturalization cases should be taken in the state courts while it is not permissible in the Federal Courts.” We shall not stop to haggle over either the grammar of this argument or the meaning of the word “appeal” as we know it, and cannot otherwise know it, under Ohio law; in strictness we know that neither in such cases is an appeal allowed in our own state courts.
What we do say is that in our opinion it is quite inconceivable that a court which is allowed to advance a remedy bottomed on merit should refuse to do so.
We shall refuse the motion of the government to dismiss this petition without examination of its allegations of error, and shall take jurisdiction of the case.
In so deciding we are not only discharging our duty in administering the laws of our state in their integrity — laws indivisible in their administration,
Coming now to the charge of intervening error in the action of the court below in refusing the application for naturalization^ we find the material facts to be these:
The applicant, Vura, circulated and used printed cards of the following form and words:
Real Estate and Cuy. Telephone
Insurance of . Princeton
All Kinds. 2365R.
VURA AND MESZAROS,
Law Offices. .
8115 Holton Ave. Cleveland, Ohio.
Neither of the men whose names appear on that card was a lawyer, nor had either ever been admitted to the bar.
In the month of February last Vura handed one of these cards, on which the name of Meszaros had been erased and that of Istvan overwritten in pen
Vura explained this transaction by saying that he did what he did out of a desire to be well thought of by the Hungarians who dwelt in his neighborhood by being made to appear instrumental in getting a man out of undeserved trouble. He also claimed that his partner, Meszaros, was an Hungarian lawyer, by which it appears he meant a lawyer in Hungary but not in the United States. Vura produced several witnesses — perhaps five in all — who swore that he was a man of good moral character; but we attach little or no importance to oaths of that kind, taking them as they run.
The judge of the common pleas court held that Vura had not shown himself to have been of good
Since this is a case of first instance in this court,
In a government where the ballot of the felon goes into the box with as much potency as that of the saint, that of the deserved pauper with equal power to that of him who has the most momentous property stake in a government of law and order, it is doubly important that those charged with the high duty of making voters should be vigilant and watchful against unworthy applicants. It was the reproach of Carlyle that he could have little faith in the future of a country where Judas and Jesus are political equals. It is for admitting courts, among other agencies, to see that the Scotchman’s gibe is undeserved by us.
There is no more imperative duty laid upon the courts than that of doing their part in moulding to good citizenship such part of the material — much of it. excellent material and much of it quite the reverse — that is being cast upon our shores every day. In this respect the courts can be to the political health of the country what the medical profession at our ports is to its physical health. Rejection of improper naturalization attempts and deportation of undesirables are both in the line of service to the present and future of America.
For this reason, among others, we repeat that as the duty of review in such cases is cast upon this court a large presumption in favor of the conclusion reached below will be indulged here. The judgment is affirmed.
Judgment affirmed.