Full opinion text
GOODMAN, District Judge. Solely for the purpose of receiving evidence as to the principles and practices of the organization known as the German-American Bund, its predecessors and affiliates, all of the above entitled actions were consolidated for trial by order of this court heretofore entered with consent of all parties. Rule 42(a) of the Rules of Civil Procedure, 28 U.S.C.A. following section 723c. By the order of consolidation there was reserved to each of the defendants the right to a separate trial on all other issues, save and except the common one for which consolidation was had. Each of the above actions was initiated under section 338 of the Nationality Act of 1940, 8 U.S.C.A. § 738, to cancel and revoke the certificates of naturalization of the several defendants on the ground of fraud and illegality in the procurement thereof. Section 338 of the Nationality Act 1940, 8 U.S.C.A. § 738. The complaint in each of the cases is substantially the same, except as to certain allegations individually applicable to the several defendants. The complaint alleges in substance the jurisdictional facts; that naturalization was procured fraudulently and illegally in that the defendant claimed, attachment to the principles of the Constitution of the United States and favorable disposition to the good order and happiness of the United States, whereas, said claim was false and attachment to the Constitution and favorable disposition to the good order and happiness of the United States were non-existent at the time of naturalization and were so known to the defendant; that the representation of intention to become a permanent citizen was false and known to the defendant to be false; that the oath of allegiance to the United States and renunciation of allegiance and fidelity to any foreign prince, potentate, state or sovereign of whom or of which he had theretofore been a subject or citizen and particularly Germany was false and known to be false at the time by the defendant; that the oath to support and defend the Constitution and laws of the United States against all enemies foreign and domestic, and to bear true faith and allegiance to the United States was false and known to the defendant to be false; that the defendant’s oath that he took his obligation freely and without any mental reservation or purpose of evasion was false and known to the defendant to be false. The allegations of the complaint as to fraudulent and illegal procurement of citizenship were specifically denied in the answer, and, in addition the following special defenses were urged: a. Lack of jurisdiction in the court to revoke citizenship. b. Abatement of the action by lapse of time. c. Res adjudicata in that the court decree granting citizenship fully and finally determined the question of citizenship and is not subject to collateral attack. d. Section 338 of the Nationality Act is “ex post facto” and therefore not here in-vocable. Certain of the defendants moved' to dismiss on the above grounds and upon the further ground that the complaint failed to state a cause of action. Decision on these motions was reserved. I am satisfied that the complaint states a cause of action. United States v. Kuhn, D. C., 49 F.Supp. 407. The special defenses are without merit. The special defense of res adjudicata cannot be sustained inasmuch as the statute specifically authorizes this proceeding. Section 338 of the Nationality Act of 1940, 8 U.S.C.A. § 738. United States v. Dietz, D. C., 52 F.Supp. 201. The case of Schneiderman v. United States, 320 U.S. 118, 63 S.Ct. 1333, 87 L.Ed. 1796, is urged in support of the plea of r;es adjudicata. However, there the Supreme Court specifically failed to pass upon the res adjudicata point, but based its decision wholly upon the merits of the case before it. Jurisdiction comes from § 338 of the Nationality Act of 1940, which duplicates the provisions of § 15 of the Act of June 29, 1906, 34 Stat. 596. Schneiderman v. United States, supra; Luria v. United States, 231 U.S. 9, 34 S.Ct. 10, 58 L.Ed. 101; United States v. Ovens, 4 Cir., 13 F.2d 376; United States v. Plaistow, D.C., 189 F. 1006; United States v. Koopmans, D. C., 290 F. 545; United States v. Fox, D.C., 14 F.2d 242. No doubt exists that the 1906 Act applied to certificates of naturalization issued prior thereto. Luria v. United States, supra; Johannessen v. United States, 225 U.S. 227, 32 S.Ct. 613, 56 L.Ed. 1066. Since § 338 of the 1940 Act duplicates the provisions of the 1906 Act there is no merit in the so-called “ex post facto” contention. United States v. Dietz, supra. The motions to dismiss are severally denied. The government contends that the defendants were members of the so-called German-American Bund or its predecessor organizations or affiliates, that the principles and practices of these organizations were un-American in character and that participation by the defendants in the principles and practices of these organizations, together with other acts on the part of the defendants, precluded good faith and legality in the taking of the oath of citizenship requisite for the issuance of citizenship certificates. The evidence presented on the so-called consolidated issue as to the principles and practices of the German-American Bund, its predecessors and affiliates, discloses the following: The seed that eventually developed into the German-American Bund was planted in the United States on October 12, 1924 by the witness Peter Gissibl and associates, young German immigrants, who had been members of the Nationalsozialistische Deutsche Arbeiterpartei (N.S.D.A.P.) in Germany, an organization then headed by Rossbach, who was subsequently liquidated in the so-called Blood Purge of 1934. The “Free Society of Teutonia” organized in Chicago on October 12, 1924, purposed the furthering of the National Socialistic movement of Germany. In 1926 the name of the organization was changed to “National Socialist Society of Teutonia.” The evidence showed that from and after 1924 many of the members of the organization retained their membership in the N.S. D.A.P., that the organization was patterned in form after the N.S.D.A.P. of Germany; that it received communications from the party in Germany; contributed to the German organization; made contributions to Hitler; had a uniformed group patterned after the Storm Troopers (Sturm Abteilung) and taught and followed the principles and practices of the N.S.D.A.P. The name of the organization was again changed in 1932 to the “Bund of the Friends of the Hitler Movement,” and, shortly after the accession to power of Hitler, in January 1933, the name was again changed to “Friends of the New Germany.” At that time the N.S.D.A.P. in America went out of existence. In 1936 a convention of the organization was held and by change of name it converted itself into the “German-American Bund” (Amerikadeutscher Volksbund). Thereafter only American citizens of German nationality were admitted to membership in the Bund, although it had an adjunct affiliate called the “Prospective Citizens’ League” or Bund “Sympathizers” in which German Nationals, and particularly those on the way to becoming American citizens, were admitted. The German-American Bund continued its activities until December 1941, when shortly after the attack on Pearl Harbor, it was dissolved, i. e. it went through the motions of dissolution, but the government contends a substantial number of its former members continued their activities subrosa in German singing societies. In addition to the witness Gissibl, who after participating in the founding organization in 1924, was treasurer of the National Socialist Society of Teutonia from 1931 to 1932 and from 1937 to 1938 was unit leader of the Chicago unit of the German-American Bund and from 1934 to 1938 was President of the Teutonia Publishing Company, which printed the official newspaper of the German-American Bund and from 1935 to 1938 was President of the German American Business League, an affiliate of the German-American Bund, the government presented the testimony of Severin Winterscheidt, a member of the “Stahlhelm” or steel helmet group, which was a part of the United German Societies, of which the witness was secretary in 1937. Winterscheidt was active in bringing about the amalgamation of the Stahlhelm and the Bund of the Friends of the New Germany in 1933 and later in 1937 became the editor of the “Deutscher Weckruf und Beobachter”, the official organ of the German-American Bund, by appointment of Fritz Kuhn, the national leader (Bundesfuhrer) of the German-American Bund. In general, the witness was the press agent and director of propaganda of the organization, obtaining material from Germany for use in America and in like manner forwarding material from America to Germany. Another witness produced by the government, was William Luedtke, who after coming to America, in 1933 became a member of the “Volkischer Bund,” an organization of “racially conscious German Americans” which later merged into the Friends of the New Germany. The witness in 1935 was employed by the “German American Business League” (D.K.V.) later became its secretary and in 1939 became the national secretary of the German-American Bund. By these witnesses and by voluminous documentation produced in the course of their testimony, and corollary to the testimony of other witnesses, the government offered proof of the general purposes and practices of the German-American Bund, its predecessors and affiliates. In addition, witnesses were produced, and records and documents offered in connection therewith, relating to the activities of the Friends of the New Germany, and the German-American Bund in the West Coast area, particularly, in Los Angeles, San Francisco and Oakland. It is clear from the evidence, which is without substantial contradiction, that the founding organization of 1924 was brought to life for the purpose of the development in America and the teaching here of the principles and purposes of the National Socialistic movement of Germany. I cannot come to any other conclusion but that thereafter the successor organizations, culminating in the German American Bund, followed the same course. What the first organization did to further the accession to power in Germany of Hitler and the accomplishment there of the purposes of the National Socialist party, the later organizations carried on in order to fulfill here in America the aims of Hitlerism. Structure of the Bund. In every essential aspect, the Friends of the New Germany and the German-American Bund were patterned structurally upon the leadership principle expressed by the N.S.D.A.P. First — a National leader or Bundesfuhrer with absolute authority to appoint subordinates, local unit leaders, issue so-called Bund commands to be obeyed implicitly and without question, and even to perpetuate himself by the appointment of his successor, although the formality of appointing delegates to a Convention for the selection of the Bundesfuhrer was had. (The delegates to the convention appear to have been selected by the local unit leaders after communication with and. instructions from the National Bundesfuhrer.) Second — A subsidiary organization under the Bundesfuhrer consisting of: a. “Gau” or district leaders. (The United States was divided into three districts — “Gau Ost” “Gau Mittlewest” and “Gau West.”) b. . Local leaders or “Ortsgruppenleiter” in charge of the local units, e. g. San Francisco, Los Angeles, Oakland, etc, c. Cell leaders (Zellenleiter) a smaller group under the local leader. . d. .Block leaders (Blockleiter) — still smaller groups, 'when necessary.' (U.S. Ex; 4a.) Third- — -The O. D. • (Ordnungs Dienst) and ' its predecessor organization, the “Schutzstaffel,” the so-called strong arm or uniformed group, the prototype of -the Sturm Abteilung (S.A.) of the Nazi party, having the same functions and similarly garbed. In “National O. D. Command No. I” (U.S. Ex. No. 11) Wilhelm Kunze, National O. D. Commander, on December 1, 1940, described the O. D. as the “effective fanatical nucleus” of the Bund. . Fourth — A Youth Movement for the education of American German youth in the ideology of the National Spcialistic party, functioning in precise pattern after the Hitler Youth Movement, in Germany, with schools and camps. Fifth — The “Organisatorischer Aufbau der Frauenschaft,” the organizational structure of the women of the German-American Bund; also clothed in the same habiliments and of the same character as the similar organization of the Nazi party in Germany. Sixth — Official newspapers and organs for the publishing and dissemination of the principles of the organization to its members and those of its affiliates. Here in America the Deutscher Weckruf und Beobachter (D.W.B.) and Deutsche Zeitung, like the Volkischer Beobachter of the Nazi party in Germany, its official organ there, presumed to be owned by Hitler. Seventh — The Uschla — disciplinary court or committee within the Bund, having the power to expel members and having its counterpart in the German Nazi party organization. Eighth — Further conforming to the structural organization of the Nazi party, there were as adjuncts in America, subsidiary organizations as follows: German American Business League (Deutscher Konsum Verband.) German American Commercial League (Deutscher Handlungsgehilfen Verband.) German American Vocational League (Deutsch-Amerikanische Berufsgemeinschaft.) German American Settlement League, Inc. (A. V. Siedlungs Bund, Inc.) German American Labor Front (Deutsche Arbeits Front.) ' The ‘ evidence showed that there existed in Germany, at all of the times during which the German-American Bund and its predecessors functioned, agencies active among the German Nationals living in foreign countries. The two German agencies which were active in the United States during this period were the Deutsches Ausland-Institut (D.A.I.) or German Foreign Institute of Stuttgart, Germany; and the Volksbund fiir das Deutschtum im Ausland (V.D.A.) of Berlin, an association 'for the protection snd promotion of German life and culture abroad. ■ The officials of the German-American Bund and its predecessors maintained communication with the two German agencies above named and received propaganda material from them. Some of the leaders in America visited in Germany and made personal contacts with the D.A.I. and the V.D.A.- and arrangements were made for the sending of groups of youths and others to Germany for instruction and enlightenment in matters of so-called culture and political thought. In addition speakers were sent to America by and on behalf of the D.A.I. and the V.D.A. The Leadership Principle. It is beyond dispute that the cardinal principle of the Nazi ideology is that the Führer, as leader, is the embodiment of the aspirations and aims of the Volk, i. e. the German people, and that unquestioned obedience must be givejti to him and to his orders and commands, which must be taken as always right. This leadership principle not only pervaded the entire structure of the Bund organization but was taught and recognized as the ideal and objective of the organization. The Charter of the San Francisco unit (Ortsgruppe No. 9) was granted by the National Bundesfuhrer under his individual signature and vested in the “Ortsgruppenleiter” of the San Francisco unit all of the power and authority conferred by the Charter. (U.S. Ex. No. 42S.) Applications for membership in the German-American Bund obligated applicants as follows: “The purposes and aims of the Bund are known to me, and I obligate myself to support them to the best of my ability. I recognize the leadership principle, in accordance to which the Bund is being directed. I am of Aryan descent, free from Jewish or colored blood.” (U.S. Ex. No. 29-B-l.) The membership book issued members after election among other things provided : “When leaving the country the bearer must, according to regulations, announce his departure to the Unit Leader and submit a written resignation to the Bund Leadership.” (U. S. Ex. No. 29-c). From time to time Commands were issued by the National Bundesfuhrer (October 1936 to December 1941) numbered serially 1 to 50 and delivered to each of the local units of the Bund and by the unit leader, in turn, read to the local unit members. In passing, it may be mentioned, that members were advised as to their procedure under the Alien Registration Law, 8 U.S.C.A. § 451 et seq., 18 U. S.C.A. § 9 et seq., and both members and sympathizers were directed not to mention the Bund or the Prospective Citizens League in filling out the registration form required for aliens. Bund Command No. 37 commanded members: “* * * induction into military service is not justified, in as far as it concerns Bund members and the American Germans for in the Selective Service Law the citizenship rights of Bund members and the defenders of Germandom are unconstitutionally severed. Every man, if he can, will refuse to do military duty until this law and all other laws of the country or the states which confine the citizenship rights of Bund members are revoked.” (U. S. Ex. No. 10a.) Meetings of the members of the Bund, not open to the public, were in most cases conducted in the German language and official communicaltions and Bund Commands, etc., were likewise read in the German language. At local unit meetings as well as national or convention meetings, the Swastika banner was displayed. Adolph Hitler, in Mein Kampf (the sale and reading of which was encouraged at local unit meetings) said, concerning the Swastika banner: “I, myself, after countless attempts had laid down the final form: a flag with a background of red cloth, having a white circle, and, in its center, a black swastika * * *. As National Socialists we see our program in our flag. In the red we see the social idea of the movement, in the white the nationalistic idea, and in the swastika the fight for the victory of Aryan man and at the same time for the victory of the idea of creative work, which in itself always was and always will be anti-Semitic.” Witnesses testified that at meetings, members gave the extended arm salute accompanied by the words “Heil Hitler”. It cannot be disputed that this salute and salutation implied allegiance to Hitler, the Führer. “The Horst Wessel” song, as well as “Deutschland uber Alies,” the German national anthem, were sung at both public and private meetings of the units. Banners containing the slogan “Ein Volk, ein Reich, ein Führer” or “One people, one state and one leader,” were prominently displayed in the meeting places of the Bund units. The Ordnungs Dienst (O.D.) was uniformed in exact simulation of the Sturm Abteilung (S.A.) of the Nazi party. It is crystal clear that the emblems, slogans, salutes, and flags, so used, typified and symbolized the pledge of allegiance on the part of Bund members to the leadership, or Führer, principle. The rules and regulations for the officers and members of the German-American Bund (U. S. Ex. No. 4a) specify that: “It is the task of the national leader to maintain and to extend the Ge.rman-American Bund as an offensive and defensive movement of a nationally conscious German American people, who are national-socialistically and constitutionally dedicated to the service of an actually independent, Aryan-governed United States of America.” The organizational structure made provision for a “Political Director” whose duties were prescribed as follows: “The guidance of the party policy of the movement, the promotion of the nomination of candidates for office by the entire German element, coordination in voting in elections, and the establishment of connections with leaders representing party policy and with incumbents of official posts for the purpose of creating nationalistic, Aryan-American politics.” (U. S. Ex. No. 4a, p. 66.) In a pamphlet written by Fritz Gissibl, “Mittlewest Gauleiter” of the Bund, and distributed to its members (U. S. Ex. No. 209), it was stated: “The primary goal of our Bund * * * is to transmit this philosophy (i e. National Socialism) (whose practical effects have been revealed to us in recent years so marvelously by the events in the Fatherland) to our Folk Comrades in America, and to demonstrate it in our actions.” The Blood or Racial Supremacy Principle. It was convincingly demonstrated in the record that National Socialism in Germany preached and based its very existence upon the doctrine that German blood is supreme and that, irrespective of nationality, any one of German blood remains a German and is bound by the ties, of blood forever to be a German irrespective of the country of his residence or citizenship. Said Friedrich Lange in Volksdeutsche Kartenskizzen: “blood is stronger than a passport. We will never call German people who are citizens of foreign countries aliens but racial comrades.” Said Dr. Hans Steinacher, Director of the League for Germandom Abroad: “We feel and we also know that the bonds of Volkstum has an infinitely deeper effect than the alienable possession of citizenship papers.” From the evidence, I find that this blood supremacy doctrine was glorified in addresses, preachments and commands of the Bund leaders. Quotations from the preachments of Hitler in Mein Kampf were frequently made by Bund leaders. That the Bund taught the blood supremacy doctrine and made it a part of its ritual in the local units is proved in the record. At the very start the incoming member represented that he was “of Aryan descent, free from Jewish or colored blood.” (U. S. Ex. No. 29-B-l.) It would unduly lengthen this opinion to quote at length from speeches, commands, records of meetings and catalogues of the Bund, wherein the blood supremacy doctrine was extolled along with bitter and vitriolic denunciations of American citizens of Jewish or Negro extraction. Witnesses testified that at meetings of the local unit in San Francisco and Oakland they heard speeches and exhortations by members and officers of the local units, decrying against Jews and Negroes, and urging that they be purged from all participation in the economic and political life of the United States. The basic concept upon which the Constitution of the United States was set, is found in the holding of the Declaration of Independence that “Life, Liberty and the pursuit of Happiness” are unalienable rights. By the Fifteenth Amendment, the right to vote was declared to be undeniable because of race, color or previous condition of servitude. It follows therefore that belief in and practice of a doctrine aimed at the abridgement of the status of American citizens, because of race or color, is absolutely incompatible with allegiance to the Constitution of the United States. The Bund taught this incompatiible doctrine. To the extent that any defendant subscribed to or believed in such a doctrine at the time of taking the oath of citizenship, such oath and the allegiance pledge could not be in good faith, ergo, such citizenship was illegally procured. In cross examination of Gissibl, Luedtke, Winterscheidt and Punjar, defendants sought to impeach their testimony on the ground that these witnesses were of bad moral character or had been convicted or charged with felony, etc. However their testimony as to the nature and purposes and practices of the Bund organizations was so fully and substantially corroborated by documentation and by the testimony of other more reputable witnesses, that despite their lack of good moral character, their testimony as to the facts is at least enlightening, if not persuasive. Furthermore it may be pertinently commented that several witnesses who testified as to the principles and practices of the Bund resigned and left the organization, after becoming dissatisfied with and unsympathetic to the purposes and practices thereof. It is not in favor of the organization that many of its leaders were of bad moral character and that others departed from its midst upon becoming more fully acquainted with its objectives. Denaturalization, upon the ground of fraud or illegal procurement, pursuant to the statute, requires a probing of the state of mind of each defendant at the time the oath of citizenship was taken. The court should not consider trifles in appraising the defendant’s state of mind; nor should a natural sympathy for the country of origin and cherished memories thereof be magnified into divided allegiance or disloyalty. The complaint charges falsification of the fundamentals when the oath was taken, i. e. attachment, allegiance, renunciation of allegiance to Germany. It is now settled that the proof required of the government to accomplish denaturalization must be more than preponderant — it must be clear and convincing. Schneiderman v. United States, supra. “For it is safe to assert that nowhere in the world today is the right of citizenship of greater worth to an individual than it is in this country. It would be difficult to exaggerate its value and importance. By many it is regarded as the highest hope of civilized man. This does not mean that once granted to an alien, citizenship cannot be revoked or cancelled on legal grounds under appropriate proof. But such a right once conferred stiould not be taken away without the clearest sort of justification and proof.” Schneiderman v. United States, supra, 318 U.S. page 122, 63 S.Ct. page 1335, 87 L.Ed. 1796. Obviously statements and acts of the defendants prior to naturalization are admissible to show state of mind at the time of taking the oath. Likewise, it is now well settled that statements and actions subsequent to acquisition of citizenship, are admissible to prove state of mind and the purposes of seeking citizenship. Luria v. United States, 231 U.S. 9, 34 S.Ct. 10, 58 L.Ed. 101; Schurmann v. United States, 9 Cir., 264 F. 917, 18 A.L.R. 1182; United States v. Kuhn, D.C., 49 F.Supp. 407, and cases there cited. It is argued by defendants that, under the authority of Schneiderman v. United States, supra, membership in the German-American Bund or its predecessor organizations or participation in their practices, is not proof of illegal procurement of citizenship. However, what was before the Supreme Court in the Schneiderman case was membership in the Communist Party of the United States and Young Workers League, its predecessor. The court analyzed the principles and purposes of the League and Communist Party and held that such aims and purposes (held to be idealistic and within the framework of the- Constitution) to the extent that Schneiderman participated therein, were not of such a nature as to prove illegal procurement of citizenship by the petitioner (i. e. Schneiderman.) The principles and purposes of the German-American Bund and its predecessors, as has been pointed out, were of a different character entirely. Idealistic theories of government and sociology were conspicuous by their absence. Allegiance to the Führer (Hitler), blood supremacy, liquidation of Jews and Negroes were not ideals, but programs — viciously at variance with the principles of the Constitution and the Bill of Rights. Allegiance to the Führer and to the leadership and blood doctrine implied and convincingly connoted allegiance to the Fatherland (the Reich). In expressing the view of the court in the Schneiderman case, Mr. Justice Murphy pointed out: “Our concern is with what Congress meant to be the extent of the area of allowable thought under the statute.” (Emphasis supplied.) The holding of the court was, in effect, that belief in the principles of the Communist Party was within the permissible area of thought. I hold that belief in and adherence to the vicious principles of Naziism is not within “the area of allowable thought.” Hence Schneiderman v. United States does not guide us except as to the rules governing denaturalization proceedings and the character and degree of proof required. The facts there are not the facts here. It is my conclusion that the aims, purposes and practices of the German-American Bund, its predecessors and affiliates, were clearly un-American. Evidence that any defendant substantially participated in the practices thereof may therefore be taken into account in determining Jhe issue of denaturalization. However, the facts concerning the membership and participation of each of the several defendants in the Bund, its predecessors and affiliates, must be carefully examined and only upon that basis, plus other pertinent circumstances, can decision be justly made with respect to each of the defendants. Subsequent to the order of consolidation, each of the twenty-eight cases was given a trial date — all being spread out over a period of several months. At intervals between the time fixed for the first and last trial, the government, with the court’s approval, dismissed sixteen of the cases. Twelve of the cases were tried to the court and submitted. I now proceed to consider each of the twelve cases. Andreas Peter Jessen, No. 22516. This defendant was bom in 1898 in Hagenberg, Germany, and attended military school there. In 1914, the defendant joined the German army and served therein until June 1919, when, then a lieutenant, he was discharged. In October of 1919 he entered the University of Kiel and graduated in September 1920. He then went to North Schleswig, Denmark, and in March 1920 automatically became a citizen of Denmark, as a result of the Plebiscite held there,. pursuant to the treaty of Versailles. In 1921 and 1922 he attended the Danish University of Agriculture. He arrived in the United States in February 1923 and immediately proceeded to California, where he has resided ever since. In 1925 he married a German woman and has two sons, the result of this union. Defendant’s declaration of intention was filed in San Francisco on September 17, 1923, his petition for naturalization was filed July 19, 1928 and he was admitted to citizenship on November 7, 1928. He joined the German American Bund in July 1936 and was the “Ortsgruppenleiter” of the Concord unit from July 1936 to January 1937. Thereafter he became a member of the San Francisco unit of the Bund and remained a member until about February 1939. There is no evidence as to defendant’s activities after 1939, except that during the last half of the year 1941, he was chairman of the local branch of the “Kyffhauser. Kriegshilfswerk” and solicited and received funds from the German element in San Francisco, which he forwarded to the organization in Philadelphia; the evidence shows that the defendant knew that at that time at least a portion of the funds collected was being sent to Germany. During the period -from 1936 to 1939, defendant was active in the affairs of the German American Bund. He took part in the activities of the uniformed group, wore the uniform, attended meetings, made speeches frequently and during all of this period of time, collected and had at his home a large library containing publications and data concerning National Socialism, Nazi propaganda printed both in Germany and in the United States and antiSemitic literature, the constitution of the Bund, song books of the Friends of the New Germany, copies of addresses delivered by Bund leaders, copies of speeches prepared by the defendant, “Mein Kampf,” copies of the official newspaper of the Bund and other similar material. Defendant testified that he did not become aware of the “leadership principle” and “blood doctrine” until five or six months after he joined the organization and that he did not learn until sometime in 1937 that applicants for membership in the Bund were required to be Aryan and free of Jewish or Negro blood. It would unduly lengthen this memorandum to quote from the many speeches given and papers written by the defendant. Suffice it to say that I am convinced beyond a reasonable doubt that at least from and after his joining the Bund he not only was fully aware of the anti-American and disloyal nature of the preachings of National Socialism and of the Bund, but that he participated fully therein and wholly believed in the leadership principle and in the blood doctrine, that he was devoted to Adolph Hitler and that he did not, in fact at all, have any real faith in and allegiance to the United States. His explanations on the witness stand were completely unconvincing and obviously were founded in afterthoughts. The question presented in the case of this defendant is whether or not the facts establish beyond a reasonable doubt, via the doctrine of “relation back,” that at the time of his naturalization, to-wit, in November 7, 1928, over seven years before he became a member of the Bund, he did not take a true oath of allegiance to the United States. The statements and conduct of this defendant during the years commencing with and following 1936 are, under the authorities before mentioned, competent evidence of his state of mind at the time of naturalization. Do they in this case, beyond a reasonable doubt, prove fraud at the moment of acquisition of citizenship ? This defendant was well educated in Germany and served with distinction in the armed forces of his native country. He therefore may be said to have had a thorough military indoctrination of the German type, with the strict regimentation implied thereby. In the year following his arrival in the United States, the “Free Society of Teutonia” was founded in Chicago; two years later it became the “National Socialist Society of Teutonia,” followed in 1932 by the “bund of the Friends of the Hitler Movement,” and in 1933, after the accession of Hitler to power, by the “Friends of the New Germany.” When he took the oath in 1928, did the defendant have mental reservations as to his allegiance to the United States? Shall the court believe that when defendant first openly espoused National Socialistic principles, upon joining the Bund in 1936, he suddenly changed his viewpoint toward the United States and the Constitution? Can the court assume that he, a former German Army Officer, gave full allegiance to the United States from 1928 to 1936 and then suddenly became converted to the doctrines of Hitlerism and National Socialism? I am persuaded by the reasoning of the court in United States v. Schlotfeldt, 7 Cir., 136 F.2d 935, that the passage of time between naturalization and acts and statements of disloyalty does not ipso facto negative the effect of the evidence respecting such statements and acts, but that, on the other hand, it is persuasive of a long existing intent and purpose of mental reservation as to loyalty, springing into actuality at the appropriate time. The embers were always glowing and sprang into flame when stirred by the hand of opportunity. I have no doubt that this defendant never was a loyal citizen of the United States and that when he took the oath he mentally reserved allegiance to Germany. Schurmann v. United States, 9 Cir., 264 F. 917; United States v. Kuhn, D.C., 49 F.Supp. 407; United States v. Wursterbarth, D.C., 249 F. 908; United States v. Schlotfeldt, supra. It is inconceivable, as I view this case, that an applicant for citizenship, who- loyally takes the oath of allegiance, could possibly preach the doctrines that this defendant preached, unless he had mental reservations at the time he took the oath of allegiance. Judgment will go for the government in this case. Fred Kuehn, No. 22507. This defendant was born in Klink, Germany, in 1901. He received the equivalent of our high school education there and came to the United States on or about the month of December 1922 and has continuously resided in this country since. Defendant claims that he first filed a declaration of intention to become a citizen in 1928 in Santa Rosa, County of Sonoma, State of California; he claims that this declaration was mislaid in the clerk’s office and that he again filed a declaration in 1933. The records show that the declaration of intention was filed on November 19, 1931; that petition for citizenship was filed on February 7, 1935, and that defendant was admitted to citizenship in the Superior Court of the State of California, in and for the County of Sonoma, on May 16, 1935. Defendant testified that he became a member of the “Friends of the New Germany” in June 1935, being “drafted” by a small group in Santa Rosa as spokesman or head of the local unit there organized. He stated that he was not the leader (“Ortsgruppenleiter.”) The record book of the organization indicates that he paid dues and was treated as a member from and after April 22, 1935. The evidence shows that prior to the date of his naturalization he made a trip to Los Angeles and there had a meeting with Herman Schwinn, the district leader of the organization, and that there the formation of the Santa Rosa unit was planned. Defendant testified that he was not a member of the organization after January of 1939, but as late as May 1939 he wrote to Schwinn, the district leader, on the letterhead of “Amerikadeutscher Volksbund Freunde des Neuen Deutschland” (in the meantime “Friends of the New Germany’ had become the German-American Bund), whom he addressed as “Lieber Freunde und Gauleiter,” in which he stated: “If you don’t do something soon to hold San Francisco, then íorget about all Local Groups north of Los Angeles. If you can’t come yourself, then at least send somebody else, because there is still a lot of good material in S. F. which can perhaps still be held. I hope I may hear from you again, even though you do not count Petaluma except as an emergency.” The testimony showed that the defendant attended meetings of the Bund both in Santa Rosa and in San Francisco, wore the uniform of the O. D. and had his picture taken along with other members of the uniformed group. He arranged for a reception in Petaluma on June 29, 1938 for Herman Schwinn, prepared the notice of the meeting and among other things stated in the notice: “The Aryan Bookstore will also be present.” Although very vague and non-communicative when questioned by the court concerning what the Aryan Bookstore was, there is no doubt, that it consisted of the propaganda and material used to disseminate the teachings of the Bund. He addressed the American Legion in San Francisco on the purposes of the German-American Bund in 1938 and in that speech claimed that the main purpose of the Bund was to fight communism. In his speech he said: “We desire and intend to attain the friendship of all patriotic American organizations, determined with us to maintain or reconstitute these our United States, a sovereign and independent, morally and ethically clean, socially just and God-fearing nation, and hence the uncompromising enemies of international, atheistic, Jewish Marxism in all its guises and disguises.— Let white people run this country, as they did before this jewish invasion.” At his home in Petaluma, the swastika flag was prominently displayed as well as a picture of Hitler. He wore a swastika-. ring. This, together with his O. D. uniform, he destroyed as soon as he learned of the start of the investigation of the Bureau of Investigation. His former mother-in-law and former sister-in-law testified that in July of 1937, he kissed Hitler’s picture in their presence and said: “this is my God” and rubbed the American flag on the seat of his trousers and said to his then wife: “this 'is your government.” Defendant was subsequently divorced and has now remarried. One witness testified to have seen the defendant give the Nazi salute while in O. D. uniform and say “Seig Heil” and that the defendant had given him anti-Jewish literature. It is clear to me that the mother-in-law and the defendant were not on friendly terms and some doubt as to the credibility of her testimony may exist. However, the sister-in-law’s testimony upon the same subject appears to be truthful. Defendant on the other hand denied the statements attributed to him; claimed that he knew nothing of the “leadership principle” of the Bund or of the “blood doctrine,” that the organization was only social in character and that he did not subscribe to or believe in the leadership principle or blood doctrine or any of the other principles of National Socialism; that he had always been a loyal citizen and would fight for the United States, although he would prefer to fight against Japan, than against Germany, but would fight against Germany if called upon to do so. Several witnesses testified as to his good character and reputation in the community. However, one of the witnesses, who was one of his sponsors for citizenship, stated that, had he known defendant was a member of the Bund, he would not have witnessed his naturalization application. Defendant made an unfavorable impression upon the court while on the witness stand, was evasive in his answers and I do not believe, in view of all of the evidence, his statements that he was not aware of and did not subscribe to the “leadership principle” or the “blood doctrine” or the anti-Jewish preachments. If there were the slightest doubt in my mind, I would resolve it in his favor because of the requirement that the government’s case must be proved beyond a reasonable doubt by tíie most convincing testimony. I am satisfied that at the time he took the oath of allegiance, he mentally reserved allegiance to Germany and to the principles of National Socialism and that he believed in these doctrines during the period of his membership in the “Friends of the New Germany” and the Bund. The government sustained its burden by proving that the defendant’s conduct and expressions in the years following naturalization were opposed to the principles of the Constitution. Such conduct and expressions constitute proper evidence to prove fraud in taking the oath of allegiance. The long line of cases sustaining that doctrine was not overruled in Schneiderman v. United States, supra; United States v. Schlotfeldt, 7 Cir., 136 F.2d 935. Judgment will therefore go in favor of the government in this case. Fred Bernard Christophel, No. 22552. Defendant, Fred Bernard Christophel, was bom in Neustadt, Germany, in 1902. His father was a boilermaker and his mother, a housewife. He had a common school education in Germany and received no military training of any kind there. After his schooling was completed, he followed the trade of a baker. In 1923 he married in Germany and one son, Ludwig, was the offspring of the marriage, in August of 1924. With his wife and child he left Germany and arrived in the United States in April of 1926 and came to San Francisco, California, where he has resided ever since, following his trade as a baker. Declaration of intention to become a citizen was filed in 1926 shortly after his arrival in the United States; petition for citizenship was filed May 9, 1933 and defendant was admitted to citizenship in this court on September 11, 1933. Prior to his naturalization, he had become a member of the Hermann Sons, an innocuous fraternal order of long standing. The evidence shows that he became a member of the “Friends of the New Germany” in San Francisco, on or about November 1933; that subsequently he became a member of and participated in the Ordnungs Dienst, the uniformed group; he remained a member of the “Friends of the New Germany” until the latter part of 1935 at which time he discontinued active participation in the organization and in the O. D. although it is not disputed by the defendant that from time to time he attended meetings thereafter, and also meetings of the German-American Bund irregularly up to the years 1938, 1939. He admitted that he wore the uniform of the O. D. on various occasions with the swastika arm band; that he gave the Nazi salute and said “Heil Hitler” on various occasions; had his picture taken with the uniformed group and with groups of the “Friends of the New Germany”, that he attended meetings of the German Vocational League, entertained German sailors on leave from German ships, while in San Francisco harbor, that he had in his possession pictures of Hitler, listened to speeches by some of the officers of the organization on the subject of the “leadership principle” and “blood doctrine,” that at the time he believed that National Socialism was good for Germany and that Hitler was doing a good job for the German people, that he had read part of Mein Kampf and some of the German newspapers and Magazines distributed at meetings of the “Friends of the New Germany.” He denied however that he believed in or advocated National Socialism or any of the Hitlerian doctrines for this country; he admitted that Hitler’s policy of liquidation of the Jews in Germany was proper in Germany but denied that he ever advocated or believed in such a policy for the United States. He testified that he urged his son, Ludwig, to enlist in the armed forces of the United States before he was eighteen years of age and that his son tried to enlist in several branches of the service but was rejected because of his alienage. The son was finally selected for service under the Selective Service Act and is now and has been serving for approximately one year in the Army Air Corps. The sum total of the evidence is that the defendant during the years 1934 and 1935 was an active member of the “Friends of the New Germany” and the O. D. No evidence was presented as to any specific acts or statements on his part, outside of or in addition to the fact of membership and participation in the activities of the two organizations named. The evidence is neither clear nor convincing that the defendant had any mental reservations as to allegiance and loyalty at the time of taking the oath of citizenship. He impressed me, and my questions developed, that he is a simple man, who served in a more or less menial and unimportant capacity in the activities of the “Friends of the New Germany” and the O. D., that he never gave very much thought, if any, to the questions of the so-called “leadership principle” or “blood doctrine,” and it is doubtful whether his education and knowledge was sufficient for him to adequately comprehend them. He stated he was happy in his American citizenship. He appeared to be very proud to have his son in the armed forces of the United States and stated that he, himself, was willing to serve, if called upon, in the armed forces and fight against Germany. I am satisfied that adequate grounds have not been presented for cancellation of citizenship and accordingly judgment in this case will go for the defendant and against plaintiff. Herbert Landes, No. 22409. This defendant was born at Naumbu-rg, Germany, in the year 1909. His father, a musician, was killed in the first World War; his mother, on her government pension, raised the defendant and three other children. Defendant had a common school education, and, at the age of fourteen years immigrated to the United States, arriving here on December 7, 1923. He immediately came to San Francisco, where he was taken in charge by his uncle, one T. Kniesche, who was then operating a restaurant in San Francisco. He had some part time high school education, and then went to work as a cook for his uncle and continued as such until excluded from this area by army order after the outbreak of war with Germany. One of his sisters immigrated to the United States about five years after his arrival here and the remaining brother and sister are still in Germany. Defendant’s mother is now deceased. Defendant had no military training of any kind, either in Germany or the United States. His declaration of intention to become a citizen was filed on November 18, 1927, in this court; his petition for citizenship was filed April 2, 1930; his admission to citizenship was on August 4, 1930. Defendant became a member of the “Friends of the New Germany” in June of 1935 and was active in the affairs of this organization and of its successor, the German-American Bund, up to and including the year 1939 and thereafter, and almost up to the time of Pearl Harbor, sporadically engaged in activities of the Bund. He became a member of the O. D. in October or November of 1935 and participated in the work of this uniformed group up through a good part of the year 1941. In 1936 he returned to Germany on what he claimed was a social visit to see his mother and remained there about eight months, returning to the United States in 1937. The records of the Bund and the O. D. show that he was a regular attendant at meetings, wore the uniform of the O. D., attended both public and private meetings of the Bund, and even participated in meetings of the inner circle of officers of the Bund. He helped to arrange for and attended celebrations, held under the auspices of the Bund, commemorating the Beer Hall Putsch and Hitler’s birthday, made several trips to Los Angeles in connection with Bund matters, conferring there with Schwinn, the Los Angeles Ortsgruppenleiter, making one of the trips in company with Gottfried Hein, local unit leader, now in a Federal-Penitentiary having been convicted of violating the Selective Service Act. His testimony further showed that he was a friend of Hein and that the two collaborated in connection with Bund affairs. The evidence showed that he was present at meetings when the Bund commands were read, that he was familiar with and understood the form of the organization of the Bund, that he purchased propaganda pamphlets published in Germany, having put his name on a list for that purpose, that he was present at meetings at which the National Bundesfuhrer appeared in San Francisco. When he was in Germany in 1936, he attempted to get work there but claims he was unable to do so because of his American citizenship. He arranged for meetings of the Bund at private halls and residences, was present at meetings at which George Baker, Father Coughlan’s representative, spoke, and contributed to the fund for the defense of Fritz Kuhn. He admitted that he destroyed the membership list of the Bund shortly before Pearl Harbor, after consulting with Hein. James P. Smith, immigration inspector, stated that in 1933 or 1934, defendant said to him that he thought “Hitler would be a ■damned good man in this country, here to ■change conditions and get rid of the god damn Jews and that they needed somebody over here to shake them up.” The witness stated that he was not sure of the date of this statement by defendant, but that it could have been any time in 1932, 1933 or 1934. Ernest Heide, defendant’s brother-in-law, with whom defendant lived for several years before defendant’s marriage, testified that he had disagreements with his brother-in-law on several occasions concerning the Bund and its purposes, defendant contending that the Bund was a good thing and that all German Americans should belong to it, that Hitler had done great things for Germany and it would be a good thing for this country to have Hitler’s ideas here. The witness Heide disagreed with these ideas on the ground that he felt that the defendant was not doing the right thing as an American citizen. There is no doubt in my mind that from and after the year 1935, the defendant was not bearing true faith and allegiance to the United States; that his true faith was, during that time, to Germany; that he believed in the Hitlerian doctrines and that he was endeavoring to promote them in this country. Were there a statute providing for denaturalization for such reasons, 1 would have no hesitancy in finding the defendant undesirable and unfit for citizenship. However, the question presented in this ■case is whether or not the evidence, which I have briefly summarized, is sufficient under the authorities before referred to, to ■show a state of mind and mental reservations amounting to fraud in 1930, at the time' defendant acquired American citizenship. It must be remembered that the defendant arrived in the United States in 1923, at a time when he was of school boy age— fourteen years old. He had had no military training in Germany. It would be utterly unfair to assume that at such an immature age he had absorbed at all, or had any understanding of such philosophies as National Socialism, then in the throes of birth, or kindred doctrines. After arriving in this country, and while still in the custody of his uncle, he had some fragmentary part time high school education and then worked for his uncle as a cook. In 1927 and while he was still a lad of approximately eighteen years, he filed his declaration of intention to become a citizen; followed it up with his petition for citizenship in 1930 and in the same year, when he was twenty-one years of age, took the oath. With such a background, I cannot believe, nor am I at all persuaded, that at the time he took the oath of allegiance, he had any mental reservations as to his oath of allegiance. Were there anything in his personal history prior to naturalization to warrant it, then his acts and conduct from 1935 on, could reasonably be related back to show a disloyal state of mind at the time of naturalization. This I have found to be the case with some of the other defendants, where the doctrine of “relation back” has a basis for application. In this case, I believe that the defendant might have become a good American citizen had he not fallen in with companions interested in promoting the purposes of the “Friends of the New Germany” and the Bund. It was the result of such associations and companionship, and not the flaming into activity of latent beliefs in his mind at the time of naturalization, that brought about his pernicious activities. I hold no brief for this defendant. He was neither cooperative nor frank, when on the witness stand. He unsuccessfully endeavored to belittle his activities in the Bund. He professed ignorance of matters which he clearly understood. For this the Court cannot denaturalize him. In the respects which I have stated, this case is differentiated from the cases of Jessen, Kuehn and Hein. Judgment will go for defendant. Otto Fuerst, No. 22515. Defendant was born in Delmensingen, Germany, February 21, 1904. His father was an electrical engineer and defendant received a common school education and then served an apprenticeship as a landscape gardener. A younger brother worked for the father in the electrical business. After serving his apprenticeship as a landscape gardener, defendant was employed by several German firms. His final employment was on behalf of the German government at the German Embassy in Rome where he worked as a gardener for two years. From Italy, after a brief visit to his home in Germany, he came to the United States arriving here in 1930, at which time he was not quite twenty-five years of age. He had no military service in Germany. After arriving in this country he worked as a landscape gardener, finally acquiring his own business in 1933. From that time on he hired himself out as an independent contractor to various persons and institutions as a landscape gardener. His declaration of intention was filed on July 1, 1932, petition for naturalization was filed March 17, 1937 and on July 2, 1937 he was admitted to citizenship in the Superior Court of the State of California, in and for the County of Alameda. Defendant has been a resident of the San Francisco Bay area since January 1930, until excluded by army order, after the declaration of war against Germany. Defendant testified that he joined the German-American Bund in September of 1937. In a written statement given to agents of the Bureau of Investigation in Chicago, Illinois, on March 1, 1943 (U.S. Ex. No. 2.) defendant stated that he joined the Bund in July of 1937. He testified he resigned in June of 1938. During his period, of membership in the Bund, he played the zither in an orchestra which furnished music at so-called social meetings. The members of this orchestra wore a garb somewhat similar to the uniform of the O. D. and the evidence shows that defendant also wore the garb or uniform of the O. D. on a number of occasions. At the time.the defendant was"a member of the Oakland unit of the Bund, Gottfried Hein was the Ortsgruppenleiter thereof. Defendant testified that he had met Hein before joining the Bund and attended meetings at which Hein was present, before he became a member. Defendant attended meetings of the Bund at which Fritz Kuhn, the National Bundesfuhrer spoke; he read part of Mein Kampf and also some of the literature offered for distribution at the so-called propaganda table in the Bund hall; attended the celebration of Hitler’s birthday in 1938, where those present toasted Hitler and said “Heil Hitler;” he signed the printed application for membership (U. S. Ex. 29-B-l) and knew the requirements for membership; he stated that he resigned because, in effect, he did not like discussions of politics and the “talk that was used” in the Bund. The evidence showed that from reading “Wechruf and Beobachter” and other literature and from discussions with Hein and others, defendant acquired some knowledge of the purposes and objects of the organization. Witnesses testified to the following statements having been made by the defendant: In 1939, he stated that other nations could learn from Hitler and Germany to their advantage; that the Nazi form of government was good for Germany and that he admired Hitler’s government and also that he admired Hitler; that the people in Germany paid less taxes under Hitler than did American citizens. Several witnesses testified that the defendant was present at the tenth wedding anniversary of the Bechtels, one of whom is a defendant in denaturalization proceedings and that the swastika flag was prominently displayed there. One witness, a hat checkroom attendant, testified that at the meeting place of the Bund, she saw the defendant in the O. D. uniform several times during the years 1936 and 1937, and that on one occasion defendant and Hein offered to pay her dues for her if she would join the organization and on that occasion Hein stated in the presence of the defendant that the Bund would be the ruling power in this country eventually and that those who joined in the early stages would get the best jobs when the new government instituted by the Bund came into power and that the Jews would be driven out of America. Another witness testified that at the boarding house where the defendant and others lived during the years 1936 and 1937, when Hitler was likened to Charlie Chaplin, the comedian, the defendant lost his temper, pounded on the table and left the room. Another witness, who was the owner of the nursery, which he subsequently sold to the defendant in 1933, testified that on one occasion he had warned the defendant not to talk about Hitler and Germany, as it was disturbing and provocative of arguments. It appears in this case that the defendant did not join the Bund until July 1937 at the earliest. There is, however, some evidence that he attended meetings of the Bund and became interested in its activities in the year 1936. Here we have a case of membership in or interest in the Bund organization at or about the time of naturalization. Statements made by witnesses indicate defendant’s feelings about Hitler, and Germany at or about the time of naturalization and subsequent thereto. Added to this is the fact that the defendant resigned in June of 1938, because according to his own statements he did not like the “talk that was used.” When pressed by the court as to what “talk” was meant, his explanation was not clear. He did not specifically answer the court’s questions in that regard, although. he did say that it was just the fact that he did not care generally about hearing talk about politics and other matters and that he severed his connection with the organization. The period of interes