Weedin

This is an appeal from an order allowing a writ of habeas corpus and granting a discharge. The appellee applied for admission to the United States as a citizen thereof, and as the minor son of a citizen. His claim of citizenship is based on section 3993 of the Revised Statutes (Comp. St. § 3947) which provides: “All children heretofore bom or hereafter born out of the limits and jurisdiction of the United States, whose fathers were or may bo at the time of their birth citizens thereof, are declared to he citizens of the United States; but the rights of citizenship shall not descend to children whose fathers never resided in the United States.”

The government concedes that the appel]ee is the minor son of a citizen of the United States, but disputes Ms own claim to citizenship, for the reason that his father never resided in the United States prior to the birth of the appellee, although the father has since become a resident and is now residing here. The application of the limitation found in the above section of the Revised Statutes to the facts before the conrt is the only question presented for our consideration. The statute refers to the descent of the rights of citizenship.…