Poyser

This is an appeal from an order denying a petition for admission to citizenship. The appellant is a native of Australia, 24 years of age. He came to this country in 1920, and served for more than 3 years on board merchant vessels of the United States, prior to April 22, 1928, and was honorably separated therefrom. On June 1, 1928, he made his declaration of intention to become a citizen, and at the same time filed a petition for naturalization. The court below denied his petition, on the ground that 2 years had not elapsed since his preliminary declaration of intention. This ruling presents the only question on this appeal.

In June, 1906, Congress passed an act to establish a Bureau of Immigration and Naturalization, and to provide for a uniform rule for the naturalization of aliens throughout the United States. 34 Stat. at Large, 596. By section 4 thereof, an alien desiring to become a citizen is required to make his declaration of intention ip the district in which he resides at least two years prior to his admission, and not less than two years or more than seven years thereafter to make and file his petition for naturalization.

By sections 5 and 6 (8 USCA §§ 396, 397) the…