Full opinion text
BRIGHT, District Judge. Each of the twenty above entitled actions, consolidated for the purpose of trial, was brought under Section 338 of the Nationality Act of 1940, 54 Stat. 1158, 8 U.S.C.A. § 738, to revoke the order admitting the defendant to citizenship and cancelling the certificate of naturalization “on the ground of fraud or on the ground that such order and certificate of naturalization were illegally procured”. Defendants move to dismiss the complaints on the ground that they fail to state a cause of action. Decision on this motion was reserved. The complaint is identical in each cause, except for the necessary difference in dates and with respect to some allegations individually applicable to the particular defendant named therein. It alleges, in substance, that the action is brought under the section of the Nationality Act mentioned; that plaintiff is a sovereign power; the defendant’s residence within the jurisdiction of the court; his petition for citizenship; the taking of his oath; and the making of the order admitting him to citizenship, all of which allegations are admitted in each action. It then alleges that before or after the defendant became naturalized he was an active member and supporter of either the Bund Friends of New Germany, or the German American Bund, or both, which organizations advocated and instilled in their adherents a lack of attachment to the principles of the Constitution, an ill disposition to the good order and happiness of the United States, encouraged, fostered and demanded unswerving allegiance to Germany, and engaged in the furthering of the totalitarian principles of German National Socialism, all to the end that their adherents would fail to support and defend our Constitution and laws against all enemies. It further alleges the defendant’s individual participation in Bund activities and his statements as to his individual feelings toward Germany, or this country. It charges that naturalization was fraudulently and illegally obtained, in that at the time thereof defendant was not attached to the principles of the Constitution, did not intend to renounce all allegiance to the German Reich, that he took his oath with a mental reservation which nullified it, and that he did not intend to support against all enemies the Constitution and laws of the United States, or to bear true faith and allegiance to the same. I think the complaints adequately state a cause of action and the motions of the several defendants are denied. Each defendant by his oath, taken at the time of his naturalization, declared that he absolutely and entirely renounced and abjured all allegiance and fidelity to the country of which he had formerly been a citizen, that he would support and defend the Constitution and laws of the United States against all enemies, foreign and domestic, would bear true faith and allegiance to the same; and further, “I take this obligation freely without any mental reservation or purpose of evasion”. The question here is, did each defendant, at that time, honestly and without any reservation or purpose of evasion so declare? If he did not, there is ample justification for the judgment here sought. Under the issues created by the pleadings, the question of fraud necessarily relates to the state of mind of the defendant at the time he obtained his certificate of naturalization. The requirements of the Nationality Act, and the petition and oath of each defendant contemplate that he would be a citizen in fact, as well as in name, and that he would assume and bear the obligations and duties of that status, as well as enjoy its rights and privileges. The proof of his qualifications to become a citizen was exacted because of what they promised for the future rather than what they told of the past. Luria v. United States, 231 U.S. 9-23, 34 S.Ct. 10, 58 L.Ed. 101. Proof of statements and actions subsequent to naturalization is properly admitted as bearing upon the mental condition of the defendant at the time he took his oath, and upon the purposes for which citizenship was sought. Luria v. United States, supra, 231 U.S. page 27, 34 S.Ct. 10, 58 L.Ed. 101; United States v. Wursterbartli, D.C., 249 F. 908; United States v. Darmer, D.C., 249 F. 989; Schurmann v. United States, 9 Cir., 264 F. 917, 18 A.L.R. 1182; United States v. Herberger, D.C., 272 F. 278; United States v. Ebell, D.C., 44 F. Supp. 43; United States v. Baumgartner, D.C., 47 F.Supp. 622; United States v. Bergmann, D.C., 47 F.Supp. 765; United States v. Fischer, D.C., 48 F.Supp. 7. The fraud or illegality charged must “be proved by the clearest and most satisfactory evidence, for it is obviously unfair that an alien who has become a citizen should feel that his citizenship is an unstable status which can be easily destroyed by government proceedings against him, irrespective of how long he may have lived here or of the ties of family or property by which he may have become bound”. Woolsey, D. J. in United States v. Marini, D.C., 16 F.Supp. 963-965. Generally, an applicant for citizenship shall have resided continuously within the country for at least five years at the time of filing his petition, and continuously since such filing, and during all of these periods shall have been a person of good moral character, attached to the principles of the Constitution and well disposed to the good order and happiness of the United States. 8 U.S.C.A. § 707. The petition for naturalization embodies these and other requirements and clearly requires a statement of the applicant’s intentions with reference thereto. His oath crystalizes these requirements into declarations made, without any mental reservation or purpose of evasion, by which he renounces all allegiance and fidelity to his native land, and obligates himself to support and defend against all enemies, our Constitution and laws, and to bear true faith and allegiance to the same. Id. Sec. 735. No alien can take this oath with any mental reservation nor retain any allegiance or fidelity to his homeland, nor with any qualification agree to support and defend our Constitution and laws against all enemies, nor for any sentimental or other reason be unwilling to bear such true faith and allegiance, without being guilty of fraud. These declarations were required in the process of his amalgamation into our “melting pot” of creed, nationality, and political thought. It was not intended that memories of his native land should be entirely forgotten, or that he should divorce himself from all political action. They did not deny the rights which all citizens of this country have under the Constitution, of freedom of religion, or of speech. The defendants here are to be judged with those thoughts in mind, and as their actions and statements may have been considered in times of peace. On the other hand, each defendant renounced all allegiance and fidelity to his homeland; he agreed to support and defend the Constitution and our laws against all enemies, and his faith and allegiance was to be true. These three requirements preclude any divided concept. They contemplate full and complete citizenship. It is to be expected, of course, that new citizens will not have completely divested themselves of some sentimental feeling for their old country. It is also to be expected that, as the years grow longer after their oath that this sentiment will diminish and their love for their adopted land will increase. United States v. Wursterbarth, supra. The test of how strong those sentiments were at the taking of the oath and how much, if at all, they created a mental reservation or purpose of evasion as to any or all parts of the oath, may be presumed from defendants’ subsequent actions and statements. Particularly is this so when the real test comes, when war or dispute between their new country and their old, is imminent or declared. If it appears that they then fail in allegiance, fidelity or faith, it may fairly be presumed that they did not absolutely and entirely renounce their former allegiance, and this presumption is all the stronger when the period which has elapsed since the oath is longer. The government contends that the', membership of each defendant in the Bund is sufficient upon which to base the judgments sought. In appraising that contention I think a consideration of the historical background of the Hitler movement and of the German American Bund, as revealed by the evidence, will be helpful. The treaty of Versailles was signed on June 28, 1919, and became effective January 10, 1920. Almost simultaneously with it, Adolf Hitler commenced his agitation for National Socialism in Germany. His efforts in the beginning were opposed by the German government. His first real effort to obtain power was met by the killing of sixteen of his adherents in the so-called “Beer Hall Putsch” in Munich on November 9, 1923. He, himself, was imprisoned, and remained in a military prison until December 20, 1924. Some of his followers, on or about October 12, 1924, organized the National Socialistic Society in Chicago to further the National Socialism movement in Germany, to revive Germandom here on a racial basis, and to unite Nationalistic German Americans in the United States. It was exclusively a National Socialistic Society, changed its name to Teutonia Society in 1926, and continued under that name until 1932, when its name was changed to “Friends of the Hitler Movement”. The funds of those societies were sent to Germany for the purpose of advancing Adolf Hitler to power. It was really the National Socialistic German Workers Party (N.S.D.A.P. or Nazi party) in this country. Hitler became Chancellor of Germany on January 30, 1933, the object of this society to further the movement in Germany was accomplished, and their funds were no longer needed. On June 30, 1933, the Bund Friends of New Germany was founded and its work in this country, to forward German interests here, then really began. Naturalized citizens of German birth here, as well as German Nationals, were urged to join, and many did. The name of the “Friends of the Hitler Movement” was changed to the new name and the N.S.D. A.P. here was dissolved. On March 29, 1936, the name was again changed to the German American Bund, of which only naturalized citizens of German birth could be members. German nationals were supposed to become members of the German Bund, or of the Prospective Citizens League in the German American Bund. The evidence shows, however, that there was no change of any moment in the affairs of the society, or in the attendance at its meetings, or in the membership by either Germans or naturalized citizens. The Bund continued its activities from then on until Pearl Harbor, when it is supposed to have been dissolved. Many of its members continued thereafter in German singing societies, but Bund activities were no longer publicized. There is no doubt in my mind that the Nazi Party (the N.S.D.A.P.) actually existed in this country, one of the witnesses having joined it in New York City in 1931 after reading a notice published in the Volkische Beobachter, a German newspaper owned by Adolf Hitler, published in German and sold, at that time, in this country. That party continued to exist here until Hitler became Chancellor, and believed in the leadership principle taught by Hitler, favored German National Socialism, used the swastika as its emblem, the Nazi salute at its meeting, and sang the usual Nazi songs. It was dissolved by orders from Germany. I feel bound to find from • practically uncontradicted evidence that the Bund Friends of New Germany and the German American Bund were formed for German purposes and controlled in thought, and in a large part in action, by Germany. They were the natural outgrowth of the organizations here which were directly associated with and furthered the National Socialist movement in Germany. Those organizations did what they could to bring Adolf Hitler and his theories to power in Germany. It is not to be believed that when he succeeded, the same organizations would abruptly abandon him and his ideas. They did not; they then transferred their activities to accomplish his aims and purposes here, still being governed and guided by the new German ruler. Heinz Spanknoebel was the national leader here. He went to Germany for the stated purpose of straightening out matters in reference to the organization here. While away, a letter was received from German authorities of the Nazi party that they had authorized Spanknoebel to organize and direct the Friends of New Germany. When he returned he assumed that leadership, stating his German authority. He even tried, under orders which he claimed to have received in Germany, to control the politics of the Staats Zeitung, a newspaper published for many years here in the German language. The purposes of the former organizations and of the Nazi party became the purposes of the new organization. The speakers at meetings discussed National Socialism. The members recognized the leadership principle, that all authority comes from the top, and that Adolf Hitler was considered the leader of all Germans, no matter of whatever nationality. Speakers, pamphlets propaganda and newspapers were sent here from Germany. Clippings from the newspapers here were sent to Germany. Articles from German newspapers were published in the Bund newspaper here. The German Vice Consul in New York gave advice as to what should be outlined in the Bund newspaper. The Bund was modeled after the Nazi Party in Germany. In 1935 an order came from Germany excluding German nationals from membership in the Bund. Its prospective members were required to give a reference to someone in Germany as well as to someone in this country. Instructions were sent from Germany to the defendant Kuhn in reference to whom the Bund should support for President here in 1936. The Bund taught allegiance to Germany as well as other ideas and theories entirely un-American. Its members were required to sign applications showing their belief in the leadership principle and their acquaintance with the aims and purposes of the organization. The aims and purposes of the Bund as stated in its written Constitution, could not be criticized. But the testimony shows that as so stated, they were merely a blind and were honored only in their breach. The leadership principle, entirely at odds with our system of government, places the power in the leader. He appoints and dismisses all officers in the Bund for any reason or for no reason; he issues and recalls orders, as he pleases; he can expel from membership and has absolute power; he was the ruler of the Bund, and although selected by delegates from the various units, in most instances he was the only candidate in the field. The Bund taught the so-called blood philosophy that anyone of German blood, regardless of nationality, will remain a German as long as he shall live, and is bound by the ties of blood to remain such regardless of citizenship; that blood is thicker than citizenship papers; that he is bound in allegiance to Germany, and regardless of citizenship, his first loyalty is to Germany. That philosophy was expressed by National leader Wilhelm Kunze in his monograph “Das Blut ist Heilig”. He there seeks to answer an editorial in a Detroit newspaper criticizing his statement before the Dies committee of Congress, that it would take a thousand years before a real American national would, in a racial sense, grow out of the European groups. In the course of his criticism of our “melting pot” idea, he urged that Germandom here must learn to recognize and fight for sacred ancient truths if it does not desire to be forever enslaved and submerged “in a foreign pulp”. He further wrote, “There is no American nationality”. He writes proudly of the fact that never one English word would have been spoken in his father’s house, and that there was a similar motto on the wall of his house. And he says that there are too many American-Germans who do not comprehend that their sacrifices in the interest of their nationality are useless “if they commit the mortal crime against their volk of allowing their offspring to become Anglicized” ; that it is demanded that American-Germans consider it the highest service to God to defend and preserve Germanity, “that means blood and essence of the volkstum living within him, to the utmost”. He must tear all inherited characteristics from heart, brain and veins in order to perish in the “Blasphemous all-world-melting pot”. He writes further that Adolf Hitler in his “Mein Kampf” has by irrebuttable argument explained how insane it is that one may change his race and character by signing a piece of paper and taking a citizenship oath. The vice of this teaching, insofar as these cases are concerned, is not that it should not be spoken, but it comprehends the retention of an allegiance and loyalty, to blood and another nation. The allegiance contemplated by our law is not to blood, or to race, or to creed. It is the obligation of fidelity and obedience to the government in consideration for the protection that government gives. These organizations now criticized had its Ordnung Dienst, the O. D. so-called. They were patterned after the Nazi Storm Troops. They did not bear arms, but they were drilled in military fashion and by military commands. They were organized and maintained to keep order at all meetings and functions, to spread the ideas and teachings of the Bund, to distribute its literature and propaganda, which, so far as the evidence shows, was almost entirely of German origin and thought, and to gain new members. The evidence further shows that they were instructed in the philosophy of German National Socialism, although practically all of the defendants deny that they ever heard such instruction. It was obviously the militant body of a militant organization, and the nucleus of a future military organization. The Youth Movement, insofar as it taught the outdoor life, athletics, and the need of a strong body and mind, had much to commend it. But from the evidence, it also appears that the youth were taught the ideals of the Nazi movement, were instructed in German, were taught to keep Germany and German ideals in their thoughts, and be loyal to them. Their songs were in German, with the exception of the National Anthem, and they were continuously confronted with the swastika, the virtues of Adolf Hitler, and his theories. In other words, instead of being taught to be good Americans, it was sought to preserve in their minds and lives the ideals, theories and philosophies of another country. That is far and aw.ay from my concept of true Americanism. It may have been entirely within their rights to teach these things, but it lost sight of the need to rear their young as Americans, instilled with' our ideas of life, our concept of government, our ideals of citizenship, and above all, our insistence upon a complete true and full allegiance to this country. And, finally, the Bund obviously, in practically all of its proceedings, teachings and effort, insisted upon placing Germ,any and its interests first, and .those of this country second. The most favorable statement for its efforts is that it taught a split allegiance, not that entire, renunciation of the old and full allegiance to the new, demanded by the oath. The culmination of its effort was its opposition to the Selective Service Law, at the command of its national leader that every man, if he could, would refuse to do military duty until the law mentioned was revoked (as a result of which some twenty-seven of its members were convicted and sentenced to prison), and its advice to its members with special skills to refuse to work in defense work. I feel entirely justified in finding that the aims and purposes of the Bund in the respects mentioned were un-American and subversive. It does not follow, however, that mere membership in the Bund would be sufficient upon which to base the judgment here sought. Such membership, however, together with the other facts to which I shall refer, may have a definite bearing upon the relief sought by the government. I take up, now, each individual’s case. Fritz Julius Kuhn. This defendant filed his petition for naturalization on June 28, 1934, and became a citizen on December 3, 1934. At the time of his naturalization, he was leader of the Detroit unit of the Friends of New Germany. His answer does not deny any of the allegations of the petition, except that he alleges that the complaints against him were made after he became a citizen and are not proof that at the time of the oath he had any mental reservation; that while some of the statements of the complaint are undoubtedly true, others are misrepresented, and still others absolutely false —which, he does not say — except that he avers that he always expressed his belief and attachment to the principles of our Constitution and is ready to support the Constitution and laws against all enemies. He did not offer any proof upon the trial in contradiction of any of the evidence produced by the plaintiff. That evidence shows that he attended the annual convention of the Friends of New Germany in July 1934, at which that organization was pledged to further all of the aims of German Kultur so far as they are based on the principles of the National Socialistic world philosophy. He was in attendance at the 1935 convention, and he became national leader of the Friends of New Germany in December 1935, and continued as such and as national leader of the German American Bund until his conviction and imprisonment at the end of 1939. As such, in November 1936, he organized a school under the leadership of Severin Winterscheid, to teach National Socialism and the Nazi philosophies, to which school all unit leaders were expected to attend. He sent Winterscheid forth as a national speaker to teach those principles to the units all over the country, and at all times was actively engaged in disseminating that philosophy and all that it comprehended. The basis of that teaching was Mein Kampf, written by Adolf Hitler, and German history, the study and teaching being of history of National Socialism, the Nazi ideology and the social economics of that philosophy, based on the slogan “Ein Volk —that a German-born person is a German no matter where he may live, remains such, that his blood is thicker than water or citizenship, that his German stock comes first and citizenship is secondary; Ein Reich — one country, and that is Germany; and Ein Fuehrer — one leader, who should be Adolf Hitler. In the summer of 1936 he headed a delegation which went to Germany and presented to the Fuehrer a purse of $3,000 and a golden book signifying the loyalty of the Friends of New Germany to his movement. Upon his return he stated that the trip was a great success, for one reason at least, and that was that those participating could see the true bond which bound the Germans here to the homeland. He was told by Adolf Hitler to go back and continue the fight. As a result, he knew better than ever before the direction in which the Bund should go. As an organization bound to the German volk, it should engage in political activity favorable to the German fatherland. The German and American standpoints must be combined in all their considerations. He favored the election of a candidate opposing Mr. Roosevelt for the presidency, and when asked his reasons, stated that he had received instructions to that effect from Germany. He suggested that German nationals be members of the Prospective Citizens League in the Bund upon the theory that if they were not taken care of by the organization, they would become swallowed up in American life, and it might be impossible to win them back later to the German way of thinking and to his movement. He demanded the unceasing support of every Bund member for the carrying through of the Fuehrer or leadership principle, as the only indispensable guarantee of the strength of the movement. When war was obviously imminent, and had in fact already started in Europe, he directed that all local groups should call attention to absolute neutrality here, war against Jewish profiteering war mongers, combine to keep America out of the war, and particularly to refer to the non-payment of the war debts of the last war. Some of these statements would not be un-American, and are not a strange doctrine among our people. But these instructions, along with others to which reference has been made and will be made, show that in his mind Germany was always to be first and this country next. He urged a wider subscription and distribution of the Bund newspaper, published by the A. V. Publishing Company, of which he was president; and he admittedly assumed responsibility for whatever was published therein, whether he signed the article or not. He called it the main weapon of the Bund, its battle organ and mouthpiece. That newspaper taught and advocated National Socialism, that the new Reich would know only Germans holding their volkdom in high regard and sacred strength-through the deep powers of the new German world philosophy, of wishing for nothing else than allegiance for allegiance, to-strive to emulate the example of Adolf Hitler, the spiritual renewal and unification of the entire American Germandom into a strong political and economic community of volk obligated to America and bound to Germany. The direction of the movement was not American. It did not te-ach full allegiance to our laws and Constitution, or to this country, which his oath demanded. A divided allegiance could not suffice. United States v. Karnuth, D.C., 19 F.Supp. 581, 583. He telegraphed to Adolf Hitler shortly after the national convention of the organization in 1937: “In inextinguishable Volkisch solidarity with the homeland, the fountain of all strength of volk German millions throughout the entire world”; and to the district leader of the foreign organization in Germany: “May the new collaboration of all Germans throughout the world contribute to the end that the common final goal for a German community of volk and destiny will soon be fulfilled.” In 1938 he said that every country on earth needs the idea of National Socialism, and his newspaper in the same year, at about the time of the birthday of Adolf Hitler gave him a pledge of heart and of loyalty for the whole German volk — “This shall be a sacred oath to fulfill loyally the tasks which are confronting us in great present. The world will hear and history shall know it; the most glorious dream of German generations throughout the century, ‘Ein Volk, Ein Reich, Ein Fuehrer’ has through the power of the greatest German and the will of the entire volk, become a proud imperishable fact.” At the time of the Bund convention in this year, he spoke of his second trip to Germany, gave his word of honor that if Germany had made any objection to the organization he would resign. His statement then made: “You may believe me if we interest ourselves in the politics of this country we are doing the greatest favor to our own homeland”, is significant of his feelings. At that same convention he also said with reference to candidates for public office, that if the Bund supports them they must first of all promise to use their influence to keep America out of every European war under all circumstances, and that would be the greatest service that the Bund could do for Germany. These utterances and his other actions, in my judgment, clearly show that his effort was to place Germany and its interests first and those of our country second. His speech on the aims of the Bund in May 1936 further demonstrates his adherence to the principles of National Socialism. While it redounds with many protestations of his duty to his adopted country, it is obvious that his heart and mind were in the forwarding of purposes for which the Bund clearly was organized and existed. There existed for him only the National Socialistic Germany — the German volk, its fuehrer, and the ideals to which he had given form, “are one — so inseparably one, that an acknowledgment of allegiance to Germandom can today have no other meaning than a profession of adherence to the Third Reich”. His belief in the blood theory was there clearly shown— “The proposed racial amalgamation of which we hear so much always reverts to the lowest type * *, *. It will not benefit America, should the honest, forthright race-conscious German element be dissolved into a mongrel horde of citizens”. “The Bund is American in its structure, and in its field of activity, but German in its thought and in its character * * *. German American VolksBund is inspired with the National Socialist world philosophy”, and was clearly against the “world melting pot” idea. His idea of being obligated to America and bound to Germany could not and did not bespeak a true and total allegiance. Both before and after he became a citizen he was irretrievably bound to National Socialism and Germany, to the advancement of German political, racial and economical thought, propaganda and theories in this country. He was opposed to the democratic way of life, to our assimilation of nationals of all countries for their and our betterment, and to the training of youth here to make them better American citizens. With this in mind he could not have taken, and did not take, his oath without a mental reservation. He did not entirely renounce his allegiance and fidelity to the German Reich, and he has not borne true faith and allegiance to the Constitution and laws of this country, and did not intend so to do at the time of his naturalization. Judgment will, therefore, go against him. William C. Kunz. This defendant first came to this country in 1928, and with the exception of four months in 1930, when he was in Germany, has continuously resided here. He filed his petition for citizenship on March 26, 1936, and was naturalized August 26, 1937. His wife, a German alien, and his American born child, with his consent, went to Germany in 1941 and have since been there. He sent his child to the Bund youth camp for the larger part of the two summers of 1939 and 1940. He joined the New York unit of the German American Bund in December 1938 or January 1939, and was transferred to the Bronx unit in April 1939, and remained a member until after war was declared by Germany in December 1941. He was present at a meeting in Brooklyn in December 1941, when a dissolution of the Bund was discussed, but he had nothing to do with such dissolution, nor did he issue any orders about it. He subsequently joined a German singing society along with other members of the Bund. He was a subscriber to and also endeavored to promote the interests of the Bund newspaper, both by procuring subscriptions and urging the members of his unit to become such, but he is not sure that he read it. He was a member of the O.D. of the Bronx unit, had a uniform of that organization, and regularly attended its weekly meetings, as well as the monthly meetings of his unit and the officers’ meetings of the Bund. He devoted from three to five nights ' a week to Bund activities, but he says he never heard any leaders talk about National Socialism, which he admits is inconsistent with the principles of our Constitution. He was appointed unit leader in 1941, having been acting unit leader for some time before in 1940. He attended the national convention as a delegate in 1941. He read the Bund Commands that were sent to his unit which included Bund Command 37, the one relating to the Selective Service Act, which he read to the members of his unit. He threw away some of the records of the unit when war broke out. In the fall of 1941 he was convicted in this court of the charge of conspiracy to violate the Selective Training & Service Act of 1940, 50 U.S.C.A. Appendix § 301 et seq., and is now serving his sentence following such conviction. He says that because of that conviction, he does not care to live in this country, as with such he could not make a decent living.- Since his wife left, he has been making plans to go back to Germany to see if he could win her back, and has been trying to sell his real estate here. He protests that the object of the Bund was not to alienate the loyalty of Americans of German blood, that he never knew that that was its object or that it stressed allegiance to Germany first, or that it had any anti-American doctrine, and he says that notwithstanding his conviction, he is in favor of the Draft Act because he believes in being prepared. He admits, however, that when interviewed by the United States Attorney, he stated that he would not go to Germany to fight against his wife and child, and at the present time, feels the same way. He denies that he had any mental reservation when he took his oath of allegiance, and believes that he has been loyal to the United States, and then intended and now intends to support the Constitution against all enemies. His participation in the conduct of the Bund, which was intended directly to interfere with the preparation of this country’s military effort for whatever might happen (and what might happen was pretty well understood by all our citizens, Bundists included), it seems to me is entirely inconsistent with his statement that he had no mental reservation when he took his oath of fealty to this country. He could not then have renounced all allegiance to his fatherland and so soon after recognize it. Judgment must be granted in favor of the plaintiff in his case. Herbert Otto Finders. This defendant, whose wife is an American citizen, filed his petition for naturalization on May 17, 1933, and became a citizen on November 10, 1933. He joined the New Rochelle unit of the Bund in June 1936, and remained a member until September 1940. In a statement which he signed he stated, however, that he had joined in 1933, but now claims that that was a mistakei, that there was no unit, in New Rochelle at that time. He was a uniformed member of the O. D., paraded in that uniform, also attended at Bund gatherings, and on several occasions, at the Bund camps. He was also a subscriber to the Bund newspaper, and admits that he read the headlines, but says that he did not read . the entire paper. He attended as a delegate the 1938, 1939 and -1940 conventions of the Bund. He became unit leader of his unit in 1938, and thereafter attended meetings regularly. He states that he understood the aims of the Bund were to help Germans in the United States, and to weld those of German stock so that they would stick together. He made statements that he was in favor of the Hitler regime, but explained this by saying that he lived in Germany after the first war and experienced the chaos and unemployment which followed it there; that the people were divided into many different parties, and that when Hitler came along, these conditions improved and he must have done some good there. He had listened to speeches of national officials of the Bund, and stated that motion pictures of Germany were shown at meetings of his unit. He was elected the trustee of the United German Societies as a representative of his unit. He admitted that he joined the Bund because it stood for Hitlerism and Germany; but he subsequently got a change of heart and realized that he had been doing something which he should not have done in connection with the Bund; that he was actually engaged in Hitlerism in the eyes of other people. He believed that the aims and purposes of the Bund in 1935 and 1936 were to create better relations between America and Germany; if this was carried too far in later years from national headquarters, he had nothing to do with it, and he got out because he did not agree with certain policies of national headquarters. He realized he was making a mistake and everybody in his neighborhood was condemning the policies of the Bund. He knew while he was a member that the Bund was forwarding the interest of Hitlerism in this country, and people told him that it was Nazi, un-American and a fifth Column here. He continued, however, as a member of the Bund after being so told and until after the 1940 convention, although he states that in 1939 he started to ease his way out. After the war started between Germany and Great Britain, he told one of the witnesses that he thought the sinking of an English ship was wonderful, that England started the war, and that all that Germany wanted to do was to destroy England, that the Nazi form of government was better than the democratic form, that even if the United States entered the war, Germany would win. He, however, denies these statements. He says, and I think the proof bears him out, that since he came here, he has married and has been trying to establish himself here as an American citizen. The statements made by him before the war began cannot be said to be any better or worse than were heard from other American citizens, and can hardly be the basis of an unfavorable judgment against him. His participation in the activities of the New Rochelle unit, which does not seem to have been very active in the Bund affairs, does not impress me as sufficient to justify the cancellation of his citizenship. I think the government has not sustained its burden of proof, and the complaint as to this defendant is, therefore, dismissed. Konrad Koehler. This defendant became a member of the Friends of New Germany in June 1934, and continued as a member of that organization and as a sympathizer in the German American Bund until July 1941, when he became a regular member of the Bronx unit, and remained such until it ,is claimed the Bund was dissolved after Pearl Harbor. He filed his petition for naturalization on February 29, 1940, and became a citizen on December 9, 1940. In his answer he admits that he was a promoter of the Bund newspaper, that in September 1939, he registered for military service in Germany with the German Consul, and had his German- passport renewed for five years; that since the outbreak of war between Germany and this country, he stated he would not fight for the United States against Germany or Italy, even if Germany invaded the United States; and while he admits that he has stated he always felt that he would be unwilling to defend the United States against Germany, he now alleges that he did not mean what he said and that he was goaded and provoked to make such a statement by the conduct of the District Attorney. The proof shows that since 1923 he has been employed by the publisher of one or the other of the Bund newspapers, and since June 1935 as bookkeeper for the Deutscher Weckruf und Beobachter until December 1941. He had two shares of preferred stock in the A. V. Publishing Company, which published this official organ of the Bund. Although he says that he was never a member of the O. D., he did wear its' uniform at camps and at rallies in Madison Square Garden, and when he marched through the streets of New York. He states, however, that he did this on orders of the officials of the Bund because he was connected with the newspaper. He has visited the Bund camps Siegfried and Nordland on a number of occasions, attended meetings of the unit and heard speeches by the national leaders and others. He also read the Bund newspaper, and particularly the column “Behind the Curtain”, which enlightened the people about, and was favorable to, Germany. He would not admit that he read the paper very carefully or other than occasionally, although he was employed on it. While he saw the pamphlet “Das Blut ist Heilig”, written by Kunze, at the office where the newspaper was published, he claims never to have read it. He says it was published in the Bund newspaper along with the book “Hitler is Right”. He also admits attending at a stand where publications of the newspaper were sold. His newspaper received copies of newspapers published in Germany, among which was Hitler’s newspaper “Volkischer Beobachter”, and the papers known as Der Stuermer, and Die Angriff. He now claims that he would fight for the United States against Germany on German soil if “I would be able to and fit”. But in June 1942 he stated that he would not fight against “my own country” but would fight for the United States “with reservation, non-combatant service”. When asked why he was favorable to non-combatant service, he answered “I dont want to fight against my own folks”. He claims now that everything he did was to keep his job, although he admits that going to the German Consul to register for military service had nothing to do with that. He owns real estate here which he asserts shows his wish to stay here. He did not hear or see anything unAmerican in Bund meetings, nor from what he had heard in the testimony upon this trial. It does not appear that this defendant ever made speeches or was very active in the Bund affairs. His associations with the Bund, however, for six years before becoming a citizen during which time he professes never to have seen anything un-American in its conduct or affairs, and his statement since, show his obvious mental attitude toward his fatherland, which must have been present at the time he took his oath of citizenship, and convinces me that he could not and did not take that oath without a mental reservation of partial or complete allegiance to his homeland. Judgment will go for the United States against him. Henry Von Holt. This defendant came to this country in September 1936. He is married and his wife is not a citizen. On August 18, 1932, he filed his petition for naturalization and was admitted to citizenship on January 16, 1933. He was a member of the Friends of New Germany from July 1934 and later of the German American Bund until he was expelled in April 1940. His answer admits that he was an active member and supporter of the Bund, and that he was a subscriber and promoter of the Bund newspaper. In a statement made on June 23, 1942, before this action was brought, he stated that he desired to see the United States win the war with Germany, and that he does not think it would be possible to have the same kind of government here as in Germany. When asked if he would be willing to fight for the United States, he said that he would defend the shores here but did not think he would go to Europe to fight; he might fight against the Italians in Europe but not if he could help it; that the only time he would fight would be if the United States were invaded. He feels no loyalty to Hitler and prefers the democratic form of government. If Germany invaded the United States, he would fight against Germany. In 1938, he said, he or his wife sent $2,000, in Rueckwanderer marks to Germany for his mother, and in 1939 he tried to return to Germany to visit her for two or three months but was stopped. The proof shows, however, that he purchased the marks in January 1941, which were to be deposited in a Berlin bank in his and his wife’s name. The application for that purchase signed by him states his intention to return to Germany but does not fix the time. He first attended meetings of the Friends of New Germany in Brooklyn in April 1934, being induced to go by a pamphlet which gave notice of a meeting against what, it stated, was the unAmerican and unconstitutional boycott, at which meeting there were several speakers. He filed application for membership in the Friends of New Germany at that time, but was not admitted until the end of July 1934. He says that the Jewish boycott against German goods had cost him his employment and he gave some instances of where he was unable to get work with people by whom he had formerly been employed. He next attended a meeting in Madison Square Garden on October 6, 1934, celebrating German Day, at which a representative of the Steuben Society, the German Ambassador Luther and a United States army officer spoke, and at that time a play about Lincoln’s time was given. He was a subscriber to the Bund newspaper for the last half of 1939. He heard speeches on the subject of National Socialism, but states that their substance was that it was good for Germany and could not be exported. He admits that the Bund was run on the leadership principle for its own purposes. In 1935 he became a member of the O. D. and was its leader later in that same year. He became unit leader in 1937 and remained such until his expulsion on April 25, 1940. He regularly attended meetings of that order once a week, and membership meetings monthly. Many of the national speakers addressed those meetings which were opened by the singing of the Star Spangled Banner and were closed by the singing of the Horst Wessel song or the Deutschland lied, and with the Nazi salute and the Sieg Heil. His unit celebrated Hitler’s birthday in 1939, and he introduced the speakers, all national officers. It also celebrated Memorial Day in 1939, which was in honor of those who died in the Beer Hall Putsch. He was a delegate from the Bronx unit to the conventions in 1937, 1938 and 1939. At the 1938 convention, he is recorded as having said: “I compare the American politics of today with a pig sty. You cannot clean a pig sty all at once. You cannot go into one with patent leather shoes and a dress suit without getting dirty. We will have to drive the pigs out first, and if new ones come in we shall have to sweep them out again”; a statement which has a familiar American ring to it and certainly no worse than we have heard said in political campaigns and otherwise upon the same subject. And at the same convention when the question of whether the salute at Bund meetings should be changed from the Nazi form, he is recorded as having said: “We live according to the leadership principle. I should like to suggest that the Bund leader be asked to give his suggestion”. I can see no harm in either of these statements. There was nothing un-American about them and he did not violate any obligations he had to this country. He visited the camps frequently, and wore his O. D. uniform. He attended meetings of the Winterscheid school and received a certificate of graduation. He opened a school for children and for prospective citizens, of which his wife was a member. He was usually on the platform at various gatherings, and it is perfectly obvious that he had his say whenever occasion offered. He urged the members to support the newspapers, • and sometimes took subscriptions to headquarters. He taught his members to read the newspaper as it was the only way the meetings could be advertised. He was expelled from the unit in April 1940 because of differences which he had with the then national leader regarding the payment of $100 a week to a Bund lawyer and because of the fact that he had received the Bund Command that the constitution was no longer effective and he did not receive a document in' place of it. He said that he finally received one in German, but it did not say that the Constitution of the United States must be upheld and he did not approve of it. At a meeting in Astoria, when the Bund leader stated that the lawyer was keeping many of them out of jail, he jumped up and said that when a lawyer was keeping him out of jail he wanted to know why. He was then requested to resign and he attempted to do so. His members objected, and the next morning he received a telegram from headquarters saying that he was expelled both as a member and as a unit leader. He frequently stated he would fight for the United States against the Axis, but would not fight outside of the United States, if he could help it, but that if he was drafted and sent over he would have to fight. He is now willing to fight for the United States anywhere. It was testified to by his former landlord in an altercation had between them in reference to a $2. deposit to cover the return of apartment keys, that Von Holt said “I will spit on the American flag”. Von Holt denies this and says that some dirty language was used by his landlord, and that because the landlord was hard of hearing and the witness did not want to argue with him, he walked away from him. I am inclined to credit Von Holt’s version of this occurrence. I can see no reason, from what the landlord testified to, why Von Holt should have said any such a thing; it seems entirely foreign to the discussion then had. It is perfectly obvious to me that this defendant was what might be called a fighting member of the German American Bund, and intensely resented any conduct which he deemed detrimental to Germany, and acted accordingly. In fact, he was quite frank about it. I believe that he was quite truthful upon the witness stand. But his admissions, to which reference has been made, coupled with the other testimony showing his activities in the Bund, justify a judgment against him. Leo Cyler. This defendant filed his petition for naturalization on January 16, 1931, and was admitted to citizenship on June 1, 1931. He joined the Friends of New Germany in the latter part of 1935 and ceased his membership in the Bund in October or November 1939. He came to this country in 1923 having previously served in the German artillery in the last war. The proof shows a continuous employment here in various occupations. In 1939 he purchased $200. in Rueckwanderer marks, stating that the same were for his sister in Germany, who was crippled and in need, and the application which he then signed states that he intended to transfer his domicile to Germany where he expected to work as a mechanic, but that he has not yet determined when he will make the trip. He insists, however, that he never stated he intended to return for permanent residence, and that he never had any such intention. He admits that before the war broke out in Europe, he had in mind making such a trip, but since then he has decided to stay here. The first meeting he attended of the Friends of New Germany was in July 1934. Later in the same year he went on a sail up the Hudson River with that organization. He first joined the Nassau County unit, and later became a member of the O. D. about a year after-wards and had and wore his uniform on occasions. Although he had heard national officers of the Bund speak, he says he never heard them say that National Socialism should be adopted in the United States. He subscribed to the Bund newspaper, but found nothing interesting in it. He became a unit leader in 1936 when the then unit leader left for the Olympic games in Berlin. He remained such until 1937, and during the same period was also the O. D. leader. A unit was organized in Rockland County in 1937, in which this defendant and the defendant Hoeflich, his brother-in-law, assisted. He became the first unit leader by appointment of Fritz Kuhn, and was succeeded as such by his brother-in-law. He attended the national convention in 1939 as a delegate from Rockland County. It was shown that the highest number of members which the unit ever had was eighteen, and for a long time consisted of from five to six, and that it was organized to fight Communism. Many of their meetings were held in a public restaurant in Bardonia, a small hamlet in Rockland County, and in this defendant’s home. It is not shown what was discussed at their meetings except possibly their opposition to Communism. Defendant denies that anything was done in the county against the United States, or to help National Socialism in this country. He says that most of their meetings were entirely social affairs. It was shown by some witnesses, two of whom were French, that the defendant in 1937 had stated that he was being paid for telling people not to buy from the Jews, and that he said that Germany did not lose the first war, that it would whip France the next time, and upon being told that the United States would come to the aid of France said once France was down the United States would be a pushover. It was also shown that he had stated that the German people were all right with Hitler, that everything was going smoothly over there, and he was giving lots of work to his people. Disparaging remarks about our President in 1937 were also proven, as well as laudatory statements about Hitler. All of these the defendant denied. The defendant admits that he told the United States Attorney in 1942 that he would not fight Germany on German soil, but after he had thought it over, he came to the conclusion that he would have to fight anyone and anywhere for the American flag and for this country wherever he was sent, and he endeavored to correct what he had previously said in his answer in this proceeding. He now testifies that his statement to the United States Attorney was a mistake, that he is sorry about it, that he has always been proud of his citizenship, and always will be loyal to this country, and would do anything to keep his citizenship papers. He called to the.stand a number of witnesses, residents of New City, which is a small village where he lives, and of the surrounding community, among whom was a Past Commander of the American Legion and a member of the Citizenship Committee of that organization at the time Cyler and the defendant Hoeflich received their citizenship papers, a real estate dealer in Nyack with whom he had been doing business, two former officials of the Town of Clarkstown, in which the defendant resides, all of whom testified to the good character of the defendant and his reputation for loyalty in the community. I was impressed by their testimony as to this defendant’s citizenship. His fifteen year old daughter, who at present is attending public school in Rockland County, testified that she had been taught by her father and mother always to be a good citizen, and loyal to this country, and that she had never heard anything un-American in the home; she understood German, but could not speak it very well, and said that her mother and father usually spoke American in their home. I think that the government has failed to prove by the greater weight of evidence ■ that this defendant’s citizenship papers should be cancelled, and the complaint in his case is, therefore, dismissed. Herman Jack Hoeflich. This defendant is the brother-in-law of the defendant Cyler. He first came to this country in 1923, having previously served in the German Infantry in the last war, returned to Germany for ten days, and has since been here. He has been a resident of New City, Rockland County, since 1929. He filed his petition for naturalization on February 27, 1931, and was naturalized on June 1, 1931, at the same time as Cyler. He first attended a rally of the German American Bund in Union City, New Jersey, in March or April 1937, at which Russell Dunn inveighed against Communism, and at which time he became a member. He helped organize the Rock-land County unit in June or July 1937, and from then on was affiliated with that unit. He signed his application subscribing to the leadership principle, and gave as reference his people in Germany who were not members of the Nazi party. He says that there was an O. D. in Rockland County, and that he never was a member of it, although he admits that he had and wore its uniform. He succeeded Cyler as unit leader. Some of the national officials spoke at meetings in the county, mostly about Communism. He admits speaking against the boycott. He only attended one meeting of unit leaders in New York City. He was a subscriber to the Bund newspaper and received it even after his subscription expired, and he urged his members to subscribe. This paper was sent to him for distribution among the members of his unit until 1939, when the unit was closed up. The meetings of the unit were conducted in English. The unit consisted of from six to eighteen members, three or four of which were German born and the rest Americans of German descent. He attended the 1938 national convention as a delegate appointed by himself, and was also at the dinner following the 1937 convention. He had a bungalow at Camp Nordland built in 1937 which he sold in 1938, when he intended to leave the Bund. It was planned by his unit to build a recreation center in Rockland County, and the foundation of a building thereon was started in 1938 but never finished. It further appeared that after this defendant returned from the first world war to his home in Germany, he found himself in the midst of a communistic revolution, in which townspeople, including police officers, were killed. He says he faced a firing squad because he refused to fight for Communism but was rescued by a Communist who had served with him in the trenches. He has since tried to teach the dangers of Communism and to oppose it. He says that shortly after he came here and in 1924 he endeavored to enlist in the United States Army at Governors Island, and was rejected because he was married. He also testified that after this country entered the present war, he went to New York to enlist, and while standing in the line at the recruiting station, someone asked him how old he was, and upon stating that he was forty-eight, he was told that he did not have a chance, that Dempsey, who was forty-four, had been rejected. He had told this to the United States Attorney when he was interviewed prior to this action. He states he is willing to fight any nation that is an enemy to this country, and any place in the world, that that is his feeling toward this country, which is the only one to which he has ever sworn allegiance. Many of the same witnesses who testified as to statements made by the defendant Cyler also testified to statements of this defendant, to the effect, in substance, that he would be glad to fight for Germany, that we should have National Socialism here, that the Bund was behind such a philosophy, and that he made disparaging remarks about the President, all of which he denies. He invited the Legion Post to come to his meetings so that they might get acquainted with what the unit was doing. This defendant also produced the same witnesses as did Cyler with reference to his reputation in the community as a citizen, and as to his loyalty. I do not think that the plaintiff has proven by the greater weight of the evidence a case against this defendant. At the best, all that has been proved was his membership and activity in the Bund. He is not shown to have done anything which would justify a finding that at the time he took his oath of citizenship he had any mental reservation as to renunciation of allegiance to the German Reich, or as to his support and defense of our Constitution and laws. Judgment will, therefore, go in favor of this defendant dismissing the complaint. William Heller. This defendant has resided in Poughkeepsie since he came to this country in 1923. He had served in the armed forces of Germany for two years, during the last war, and now has two brothers in the German army. He filed his petition for naturalization on April 12, 1929, and became a citizen on November 9, 1929. He did not join the Friends of New Germany until May 1934, and remained a member of the Bund until August 15, 1940, although he had resigned in 1938 and continued on at the request of Fritz Kuhn until someone else could be found to take his place. He has been a cook for the last twelve years, most of the time as an employee of the State Hospital for Insane in Poughkeepsie. He became leader of the Poughkeepsie unit in 1936, and continued as such until it was disbanded in 1940. He was a member of the O. D. which was a very small group in his unit and which had no separate meetings but met with the other members. National speakers addressed their meetings from time to time, largely upon the subject of German unity. The discussions at meetings were usually upon the subject of their next entertainm