In re Brykczynski

Citations

• 207 F. 813
• 1913 U.S. Dist. LEXIS 1354

Syllabus

<p>Aliens (i 65*)—Naturalization—Declabations oe Intention—Service in Navy.</p> <p>Act July 26, 1891, c. 165, 28 Stat. 324 (U. S. Comp. St. 1901, p. 3332), provides that an alien 21 years of age, who has enlisted or may enlist in the United States navy or marine corps, and has served or may serve five consecutive years in the navy or one enlistment in the marine corps, and has been or may be honorably discharged, shall be admitted to become a citizen on ills petition, without previous declaration of intention. When such act was passed, Rev. St. § 1418 (U. S. Comp. St. 1901, 1). 1007), required enlistments in the navy to be for not exceeding five years, and section .1608 declared that enlistments in the marine corps should be for not less than fivei years. By Act March 3, 1899, c. 413, § 16, 30 Stat. 1008 (U. S. Comp. St. 1901, p. 3007), the term of enlistment in the navy was changed to l'onr years, and by Act March 3, 1901, c. 852, 31 Stat. 3.332 (U. S. Comp. St. 1903, p. 3095) enlistment in the marine corps was reduced to four years, during all of which time honorable discharges were granted pursuant to Rev. St. § 1426 (U. S. Comp. St. 1901, p. 1010), to all who had fulfilled the three-year enlistment in the navy. Held, that The modification of the enlistment period should be regarded as effecting a corresponding modification in the requirements of the Naturalization Act, and hence proof of an alien’s service of a four-year term of enlistment in the navy, his honorable discharge, and his immediate re-enlistment for a further term of four years, the proof allowing five continuous years of service, was sufficient to dispense with a declaration of intention in proceedings for his naturalization.</p> <p>[Ed. Note.-—For other cases, see Aliens, Cent. Dig. § 129; Dec. Dig. § 65.*]</p>