Allen v. United States

47 F.2d 735, 1 V.I. 598, 1931 U.S. App. LEXIS 3549
CourtCourt of Appeals for the Third Circuit
DecidedFebruary 11, 1931
DocketNo. 4452
StatusPublished
Cited by2 cases

This text of 47 F.2d 735 (Allen v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Allen v. United States, 47 F.2d 735, 1 V.I. 598, 1931 U.S. App. LEXIS 3549 (3d Cir. 1931).

Opinion

WOOLLEY, Circuit Judge.

On this appeal from a decree of the District Court of the Virgin Islands of the United States dismissing a petition for naturalization, the sole question is whether the naturalization laws of the United States extend to those islands and whether, accordingly, the District Court there has jurisdiction for naturalization purposes. This requires an interpretation of the Act of Congress of February 25,1927 (44 Stat. 1234) and the application of the Act to the few undisputed facts of the ease.

Joyce Ida Allen, the petitioner, was born in the United States in 1889 and thereupon became a citizen of the United States. When an infant she was taken by her parents to the Island of St. John in the Danish West Indies. Her father, being a missionary, took her from one island to another in the Danish and British West Indies until, in 1916, she, with her family, came back to the United States and remained for about ■& year. Later they returned to the British West Indies where she' married a British subject and thereupon lost her United States citizenship. In 1929, she and her husband, also a missionary, returned to the Virgin Islands, then territory of the United States, and in 1939 she applied to the District Court of the islands for naturalization. Though the Special Naturalization Examiner moved that she be granted citizenship, that court, believing itself without jurisdiction, denied her petition by the decree now under review.

It is plain that the treaty of cession between Denmark and the United States gave the Virgin Islands the character of territory appurtenant to the United States rather than territory incorporated into the United States. Keeping in mind the distinction between incorporated and unincorporated territory made in the Insular Cases (cited and discussed in Soto v. United States [C. C. A.] 278 F. 628, 633), it is clear that, except by express legislation, the naturalization laws of the United States do not extend to the Virgin Islands. Yet it is equally clear that by reason of its absolute dominion over the islands acquired through treaty, the United States may extend to them its general naturalization laws or any other of its systems of law that it may determine. It exercised this sovereignty —somewhat negatively and indirectly — by the Organic Act (Act of Congress, March 3, 1917, c. 171, 39 Stat. 1132 [48 USCA §§ 1391-1396]), but very positively and directly with respect to naturalization by passing the Act of February 25,1927 for the purposes which its title states, namely, “to confer United States citizenship upon certain inhabitants of the Virgin Islands and to extend the naturalization laws thereto.”

Although the title of an act of congress is not a part of the law of the act, it may be employed in eases of doubt to find the purpose of the act and, throwing light upon its provisions, may validly be looked at in a search for the legislative intention. 3 Bouv. Law Dict. 3282, cases cited. The title of this act clearly discloses two purposes: One, “to confer United States citizenship upon certain inhabitants of the Virgin Islands,” and the other “to extend the naturalization laws thereto.” What does the Act do?

It contains five sections ;■ the fifth is not in point. The first three relate to naturalization of natives and inhabitants of the islands under certain conditions of nativity and residence. By sections 1 and 3(8 USCA §§ 5b, 5e), all former Danish citizens who, on January 17,1917, resided in the islands and resided there at the passage of the Act of February 25,1927 and had not preserved their Danish citizenship in the way provided by the [737]*737treaty, and all natives of the islands, not citizens or subjects of foreign countries, who, on January 17, 1917, resided in the islands and resided there, or in the United States or Porto Rico, at the time of the act, and all persons born in the islands on or after that date yet subject to the jurisdiction of the United States are “declared” to be citizens of the United States.

Section 2 (8 USCA § 377a) provides that natives of the islands who, not being citizens or subjects of foreign countries, resided on January 17, 1917 in those islands or in the United States- and were at the time of the act residing in those islands or in the United States or Porto Rico, and, except as otherwise provided, other persons residing in the islands on the two named dates, may, on petition filed within a named time, be naturalized (if otherwise eligible) in the Virgin Islands without a declaration of intention.

These sections relate exclusively to persons of birth and residence in the islands in respect to the effective dates of the treaty and the Act. As the petitioner comes within none of these classes, these sections are pertinent to this discussion only to show that the Act fully carries out the first declared purpose of its title — “to confer citizenship upon certain inhabitants of the Virgin Islands.”

Section 4 (8 USCA § 358a) deals with jurisdiction of the court for naturalization purposes over persons embraced in the second section and, we think, because of its broad language, with jurisdiction over persons not within the first three sections. It reads as follows:

“Section 4. The district court of the Virgin Islands of the United States shall have jurisdiction for naturalization purposes (ifi-cluding jurisdiction for the purpose of setting aside and canceling certificates of citizenship under section 15 of the Act entitled ‘An Act to establish a Bureau of Immigration and Naturalization, and to provide for a uniform rule for the naturalization of aliens throughout the United States/ approved June 29, 1906, as amended); and for the purpose of the naturalization laws residence in the Virgin Islands of the United States shall be considered as residence in the. United States.”

This provision of the Act seemingly carries out the second declared purpose of its title — “to extend the naturalization laws” to the Virgin Islands. The then incumbent district judge, however, finding the statute ambiguous, construed the grant of jurisdiction to his court for naturalization purposes as limited to jurisdiction for the purposes of naturalization specified in the preceding sections in respect to certain inhabitants and natives. If this were a grant of limited jurisdiction, limited to one year and to persons who under section 2 (8 USCA § 377a) should file petitions within that time, section 4 (8 USCA § 358a) would, naturally, have stated that fact and, clearly, it would not have concluded with the. provision that “for the purpose of the naturalization laws, residence in the Virgin Islands of the United States shall be considered as residence in the United_ States.” What naturalization laws f Either' the naturalization laws of the United States or the one naturalization law of February 25, 1927 of which the expression is a part. If it means only the instant naturalization law with respect to the then inhabitants and natives of the Virgin Islands, we do not believe that the Congress would have used the broad expression, “laws of the United States.” Moreover, that provision if applicable only to Danish subjects and natives would, in view of the three preceding sections devoted exclusively to them, be redundant and without meaning for the first three sections had .already liberally prescribed and strictly defined residence with respect to them — in the Virgin Islands, in the United States and Porto Rico —on which they were either “declared” citizens or given the right to apply for citizenship.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Hayes v. Government of the Virgin Islands
392 F. Supp. 48 (Virgin Islands, 1975)
Hayes v. Government of Virgin Islands
11 V.I. 409 (Virgin Islands, 1975)

Cite This Page — Counsel Stack

Bluebook (online)
47 F.2d 735, 1 V.I. 598, 1931 U.S. App. LEXIS 3549, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allen-v-united-states-ca3-1931.