Schwartz

Hans Schwartz is a native of the one time independent nation of Austria or Austria-Hungary, and migrated to the United States, where he petitioned for citizenship. The United States District Court denied his petition, and he appeals.

Because the naturalization laws require certain time elements and because such laws have been amended during the period of time necessary to be considered in this appeal, we state the principal facts together with changes in the statute chronologically.

Oct. 20, 1933 — 'Appellant entered the United States as a permanent resident.

Apr. 13, 1934 — 'Appellant filed his Declaration of Intention.

Jan. 15, 1936 — Appellant departed for England in employment by an American firm engaged in foreign commerce.

June 25, 1936 — 'Naturalization Act amended so as to provide for exemption of certain aliens from conclusive presumption that a year’s absence from the United States breaks continuity of required residence.

Sept. 20, 1937 — Appellant returned to the United States.

June 29, 1938 — Naturalization Act amended.

June 12, 1939 — Appellant applied to Secretary of Labor for her finding that he had been abroad on foreign commerce, etc.

Oct. 31, 1939 —…

While I concur with the majority opinion, I think one question requires fuller treatment than has been given it by the majority.

In the amendment of June 25, 1936, it was provided that “no period of residence outside the United States shall break the continuity of residence if (1) prior to the beginning of such period (whether such period begins before or after his departure from the United States)” (italics supplied) the alien has established the purpose for his absence. The majority assumes, without discussion, that “such period” refers to “period of residence outside the United States”. The language in parentheses, however, makes that assumption somewhat uncertain because the “period of residence outside the United States” could not begin “before * * * his departure from the United States”. In the preceding part of the statute, not quoted above, which was amended on June 25, 1936, there are two other “periods” mentioned, but the parenthetical matter makes it as uncertain that either of such periods was intended as it does the “period of residence outside the United States”. I think the latter period was intended by the use of the words “such period”; that the parenthetical…