Littleton

On Rehearing.

A petition for a rehearing has been filed in this matter, in which it is earnestly contended that prosecutions under certain of the indictments is barred by lapse of time. This objection only goes to a portion of the indictments, and I must decline to further review the questions of law arising under the remaining indictments, where the question of the statute of limitations is not involved.

Section 1014 of the Revised Statutes pro-. vides that, “where any offender * * * is committed in any district other than that where the offense is to be tried, it shall be the duty of the judge’ of the district where such offender * * * is imprisoned seasonably to issue, and of the marshal to execute, a warrant for his removal to the district where the trial is to be had.” Comp. St. § 1674.

Section 1027 provides: “When two or more charges are made, or two or more indictments are found against any person, only one writ or warrant shall be necessary to commit him for trial; and it shall be sufficient to state in the writ the name or general character of the offenses, or to refer to them only in very general terms.” Comp. St. § 1693.

Section 1029 provides: “Only one writ or…

The present application renews the objections heretofore considered by this court in the removal proceedings. In discussing the sufficiency of the indictment returned against the petitioner in the District Court of Nevada, under section 23 of the Naturalization Act (Comp. St. § 4379), the court there said:

“The act in question prohibits: First, procuring naturalization in violation of its provisions; second, aiding, abetting, or encouraging any person to apply for or secure such naturalization or to file preliminary papers declaring an intent to become a citizen of the United States; third, procuring or giving false testimony or making a false affidavit as to any material fact required to be proved in any naturalization proceedings. Naturalization as defined by "Webster is: ‘The act of investing an alien with the rights and the privileges of a native subject or citizen.’ ‘The state of being thus invested with citizenship.’ If the terms naturalization and naturalization proceeding are used' in this statute in this strict and limited sense, it becomes at once apparent that the restoration of a destroyed record in a state court pursuant to state law, is not procuring naturalization,…