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United States v. Bradley

May 2, 1936

UNITED STATES
v.
BRADLEY



Appeal from the District Court of the United States for the Southern District of Illinois, Northern Division; J. Earl Major, Judge.

Author: Briggle

Before EVANS and SPARKS, Circuit Judges, and BRIGGLE, District Judge.

BRIGGLE, District Judge.

The Naturalization Department of the United States Government is asking the Judicial Department of the Government to say what the Legislative Department of the Government meant when they used the following language in the passage of the Act of May 24, 1934, 48 Stat. 797 (section 4 [8 U.S.C.A. § 368]), to amend the law relative to citizenship and naturalization:

"Sec. 4. Section 2 of the Act entitled 'An Act relative to the naturalization and citizenship of married women,' approved September 22, 1922, is amended to read as follows:

"'Sec. 2. That an alien who marries a citizen of the United States, after the passage of this Act, as here amended, or an alien whose husband or wife is naturalized after the passage of this Act, as here amended, shall not become a citizen of the United States by reason of such marriage or naturalization; but, if eligible to citizenship, he or she may be naturalized upon full and complete compliance with all requirements of the naturalization laws, with the following exceptions:

"'(a) No declaration of intention shall be required.

"'(b) In lieu of the five-year period of residence within the United States and the one-year period of residence within the State or Territory where the naturalization court is held, he or she shall have resided continuously in the United States, Hawaii, Alaska, or Porto Rico for at least three years immediately preceding the filing of the petition.'"

The section as it existed prior to amendment (42 Stat. 1022 [8 U.S.C.A. § 368]) read as follows:

"Sec. 2. Any woman who marries a citizen of the United States after September 22, 1922, or any woman whose husband is naturalized after that date, shall not become a citizen of the United States by reason of such marriage or naturalization; but, if eligible to citizenship, she may be naturalized upon full and complete compliance with all requirements of the naturalization laws, with the following exceptions:

"(a) No declaration of intention shall be required;

"(b) In lieu of the five-year period of residence within the United States and the one-year period of residence within the State or Territory where the naturalization court is held, she shall have resided continuously in the United States, Hawaii, Alaska, or Porto Rico for at least one year immediately preceding the filing of the petition."

The District Court construed the language of the amendment "after the passage of this Act, as here amended," as referring to the date of the passage of the original act, September 22, 1922. Appellant contends for a construction that would make the language "after the passage of this Act, as here amended" mean after May 24, 1934, the date of the amendment. The compilers of the Code have adopted the latter construction and written such language into the act, 8 U.S.C.A. § 368. However, in our interpretation of the law, we will go back of the Code itself to the language of the original act (see footnote 1*fn1).

Appellee Bradley entered the United States from Canada on May 28, 1915. On June 1, 1921, he married Mary Nolan Bradley, who afterwards on May 1, 1923, became a naturalized citizen of the United States. Appellee sought citizenship under the provisions of the amendment of May 24, 1934, which, if applicable to him, accorded him certain privileges not theretofore existing, in that he was relieved from making a Declaration of Intention, and in lieu of the five-year period of residence within the United States and the one year period of residence within ...


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