1. The widow of an alien who died after declaring his intention
to become citizen but before completing his naturalization must, in
order to obtain the statutory benefit of his declaration, file her
petition for naturalization not less than two nor more than seven
years after the date of her deceased husband's declaration of
intention. P.
276 U. S.
464.
2. Doubts concerning a. grant of citizenship must be resolved
against the claimant. P.
276 U. S. 467.
16 F.2d 884 reversed.
Certiorari, 274 U.S. 730, to a judgment of the circuit court of
appeals which affirmed a judgment dismissing the petition of the
United States for the cancellation of a certificate of
naturalization.
Page 276 U. S. 464
MR. JUSTICE McREYNOLDS delivered the opinion of the Court.
Aniello Manzi filed his declaration of intention to become a
citizen of the United States October 15, 1913. He died December 19,
1914. On October 4, 1924, his widow Amalia, respondent herein,
relying upon her husband's declaration, asked for citizenship. This
was granted February 3, 1925, and certificate issued over the
objection that her request came too late, more than seven years
having passed since the husband made his declaration.
January 9, 1926, the United States began this proceeding by a
petition in the district court for Rhode Island to cancel her
certificate upon the ground that it had been illegally procured.
That court dismissed the petition, and the circuit court of appeals
affirmed the decree. The single question for our consideration is
one of law: whether it was unnecessary for respondent to declare
her intention because her husband had declared his in 1913.
The Solicitor General maintains, and we think rightly, that,
while a widow may have the benefit of her husband's declaration,
she must perfect her citizenship under the restrictions specified
for him, including the requirement that request for naturalization
must come not more than seven years after such declaration. The
intention of Congress was to treat the action of the husband as
though taken by the widow herself.
The Act of June 29, 1906, "to establish a Bureau of Immigration
and Naturalization, and to provide for a uniform rule for the
naturalization of aliens throughout the United States," definitely
prescribes the circumstances under which aliens may be naturalized.
Its requirements are much more stringent than those found in former
acts.
Page 276 U. S. 465
Section 4 (Par. 1) directs that, two years at least, prior to
his admission, and after he has reached the age of 18 years, the
alien shall declare on oath that it is his
bona fide
intention to become a citizen, and then directs:
"Second. Not less than two years nor more than seven years after
he has made such declaration of intention, he shall make and file,
in duplicate, a petition in writing, signed by the applicant in his
own handwriting and duly verified, in which petition such applicant
shall state his full name, his place of residence (by street and
number, if possible), his occupation, and, if possible, the date
and place of his birth; the place from which he emigrated, and the
date and place of his arrival in the United States, and, if he
entered through a port, the name of the vessel on which he arrived;
the time when and the place and name of the court where he declared
his intention to become a citizen of the United States; if he is
married, he shall state the name of his wife and, if possible, the
country of her nativity and her place of residence at the time of
filing his petition, and, if he has children, the name, date, and
place of birth and place of residence of each child living at the
time of the filing of his petition:
Provided, That if he
has filed his declaration before the passage of this Act, he shall
not be required to sign the petition in his own handwriting."
"Sixth. When any alien who had declared his intention to become
a citizen of the United States dies before he is actually
naturalized, the widow and minor children of such alien may, by
complying with the other provisions of this Act, be naturalized
without making any declaration of intention."
"Sec. 27. That substantially the following forms shall be used
in the proceedings to which they relate: "
Page 276 U. S. 466
"
Declaration of Intention"
"
(Invalid for all purposes seven years after the date
hereof)"
The formula to be observed by a declarant is then set forth.
Pertinent sections of the Revised Statutes, in effect prior to
1906, provided:
"Sec. 2165. An alien may be admitted to become a citizen of the
United States in the following manner, and not otherwise:"
"First. He shall declare on oath, before a circuit or district
court of the United States, or a district or supreme court of the
territories, or a court of record of any of the states having
common law jurisdiction, and a seal and clerk, two years at least,
prior to his admission, that it is
bona fide his intention
to become a citizen of the United States, and to renounce forever
all allegiance and fidelity to any foreign prince, potentate,
state, or sovereignty, and, particularly, by name, to the prince,
potentate, state, or sovereignty of which the alien may be at the
time a citizen or subject."
"Sec. 2168. When any alien, who has complied with the first
condition specified in section twenty-one hundred and sixty-five
dies before he is actually naturalized, the widow and the children
of such alien shall be considered as citizens of the United States,
and shall be entitled to all rights and privileges as such, upon
taking the oaths prescribed by law."
Manifestly, the Act of 1906 demands much more of the widow of a
deceased alien who had declared his intention before she can become
a citizen than was necessary under ยง 2168, Revised Statutes.
Although in certain circumstances she may obtain naturalization
without her personal declaration of intention, she must comply with
all other prerequisites.
Page 276 U. S. 467
Citizenship is a high privilege, and when doubts exist
concerning a grant of it, generally, at least, they should be
resolved in favor of the United States and against the claimant.
Swan & Finch Co. v. United States, 190 U.
S. 143,
190 U. S. 146.
If Aniello had lived, his declaration of intention would have been
valueless to him after seven years. The construction now suggested
by respondent would prolong the efficacy of this application for
her benefit during an indefinite period.
The Act of 1906 definitely directs that the petition for
citizenship shall be filed within seven years after the
declaration, and we find nothing in the words used or the
legislative purpose which permits an extension of such time for the
benefit of widows.
United States v. Poslusny, 179 F. 836,
In re Schmidt, 161 F. 231, and
In re Shearer, 158
F. 839, we think, give no substantial support to the contrary
view.
The decree of the court below is
Reversed.
MR. JUSTICE SUTHERLAND and MR. JUSTICE SANFORD dissent.