Luria v. United States

Citations

• 231 U.S. 9
• 34 S. Ct. 10
• 58 L. Ed. 101
• 1913 U.S. LEXIS 2637

Syllabus

<p>Where a point involving sufficiency of the complaint is not raised and defendant does not challenge the statement of the court that it supposes the point will not be raised, it is too late to raise it in this court.</p> <p>This court concurs in the conclusion reached by the District Court that the residence in a foreign country of one whose certificate of naturalization was attacked as fraudulent was intended to be and was of a permanent nature and justified the proceeding on the part of the United States to cancel the certificate under § 15 of the act of June 29,1906.</p> <p>Unverified certificates of unofficial parties as to residence of a naturalized person in a foreign country held insufficient to overcome the presumption of permanent residence created under § 15 of the act of June 29,1906.</p> <p>The provisions of the second paragraph of § 15 of the act of June 29, 1906, dealing with the evidential effect of taking up a permanent residence in a foreign country within five years after securing a certificate of naturalization applies not only to certificates issued under that law but also to those issued under prior laws.</p> <p>The words “provisions of this section” used in a statute naturally mean every part of the section, one.paragraph as much as another.</p> <p>A paragraph in a statute which is plain and unambiguous, must be accepted as it reads even though inserted as an amendment by one branch of the legislature.</p> <p>The statutes, as they existed prior to June 29,1906, conferred the right to naturalization upon such aliens only as contemplated the continuance of a residence already established in the United States.</p> <p>Citizenship is membership in a political society and implies the reciprocal obligations as compensation for each other of a duty of allegiance on the part of the member and a duty of protection on the part of the society.</p> <p>Under the Constitution of the United States a naturalized citizen stands on an equal footing with the nat