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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




VOL. 13.                        JuNE, 1906.                                No. 1

  Monthly. Subscription, 50 cents perannuin pOst-
paid. Single numbers, 5cents.
              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

        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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