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13 Case & Com. 1 (1906-1907)

handle is hein.journals/cscmt13 and id is 1 raw text is: Case and Comment NOTES OF RECENT IMPORTANT, INTERESTING DECISIONS INDEX TO ANNOTATION OF THE LAWYERS REPORTS ANNOTATED LEGAL NEWS NOTES AND FACETIJE VOL. 13. JuNE, 1906. No. 1 CASE AND COMMENT Monthly. Subscription, 50 cents perannuin pOst- paid. Single numbers, 5cents. TuE LAWYERtS' CO-OPERATIVE PuB.Co.. Rochester. N. Y. NEw YoRK, CHICAGO. 81 Nassau St. 225 Dearborn St. Vacating Fraudulent Naturalization. Since commenting on this question in the December issue, our attention has been called to a decision of the United States circuit court of appeals in United States v. Gleeson, 33 C. C. A. 272, 62 U. S. App. 311, 90 Fed. 778, in which the court affirmed a decision of the circuit court sustaining a demurrer in a suit brought by the govern- ment to procure a decree vacating a certifi- cate of naturalization on the ground that the certificate was procured through false and fraudulent representations, statements, or declarations. The opinion of the circuit court of appeals, however, makes no refer- ence to the subject of naturalization, but disposes of the case on the general doctrine that a judgment will not be set aside, va- cated, or annulled on the sole ground that it was obtained by the false testimony of the successful party. Nothing was said with respect to any distinction between a certificate of naturalization and an ordi- nary judgment. In the circuit court, how- ever (78 Fed. 397), the court referred to the decision in United States v. Norsch, 42 Fed. 417, in which it. says the liability of a judgment of naturalization to be set aside for fraud, like a patent, was treated as con- ceded, and only the power of the Federal court to set aside such judgments of state ccurts was considered, with an intimation that the relief would be accomplished by setting aside the certificate, or by injunc- tion against exercising the right. To this, however, the circuit court, in the Gleeson Case, says: The surrender of the certifi- cate, which is only evidence of the judgment, would not affect the citizenship established by the judgment; and an injunction which could only run against further exercise of the rights of citizenship would not affect past acts. Its decision, therefore, was that the naturalization, though fraudulent- ly procured, was conclusive; and this deci- sion was affirmed by the circuit court of appeals. Savagery Triumphant. Press reports announce that a grand-jury investigation of the mob of April 14, at Springfield, Missouri, which hanged and burned some negroes, has found that the alleged assault by the negroes on the woman who complained of them was not committed, that the negroes charged with the crime could not possibly have been at the place of the alleged assault at the time, and that the sheriff and police department

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