94 F. Supp. 438 | S.D. Cal. | 1950
As the two principles involved in the-two above entitled cases are the same and' the particular facts are similar, it becomes, unnecessary to file two separate opinions and therefore the conclusions in each are-embodied herein.
As was often said by the Court in its-former opinions in these types of cases, they are:
First, Was Japan at the time of the election in question and at -which these plaintiffs voted, a “foreign state,” and second, Was the act of these plaintiffs when voting, of their own free and voluntary act and free from duress and coercion so that they could make an intelligent choice?
As to the first question, this court has held that Japan was not a “foreign-, state,” and the acts of an American-born-Japanese when in voting involuntarily, did’, not cancel his American citizenship -because, firstly, Japan did not come under the statute relating to a “foreign state” under the particular state of facts presented' in these cases. So, we, as usual, under the pleadings are confronted with the similar facts.
The plaintiffs were both born in-the United States and went to Japan to» visit relatives and for schooling. They asked to be registered while there as-American citizens. This was before the-war broke out, and they, after Japan sur
The allegations of the complaints and the issues of law presented by the plaintiffs in each of the above entitled actions are sustained, and, therefore, findings of facts, and decrees, in each of these cases will be prepared and presented by counsel for the plaintiffs in accordance herewith.