Lakebo

This is an appeal from an order of the District Court in a naturalization proceeding denying the petition of the appellant, Simon Olson Lakebo, for naturalization. The denial was based upon the fact that a previous application for naturalization had been denied by the United States District Court for the Western District of Washington at Tacoma on October 6, 1925, upon the ground that the appellant had “claimed exemption from military service on the grounds of alienage and offered to surrender his first papers, thus debarring him forever from becoming a citizen of the United States”. The denial was based upon 8 U.S.C.A. § 366 , which provides that an alien who had declared his intention to become a citizen of the United States might claim exemption from military service and withdraw his declaration of intention to become a citizen of the United States but that if he did so he should be perpetually disqualified from becoming a citizen of the United States.

The appellant first declared his intention of becoming a citizen of the United States on May 13, 1909. This application became ineffectual on May 13, 1916 ( 8 U.S.C.A. § 379 , 34 Stat. 596 , c. 3592, § 4), by reason of the…