Acheson

This case also presents the two questions: First, Whether Japan in April, 1946, was a “Foreign State” within the meaning and intent of Section 401(e) of the United States Nationality Act, 8 U.S.C.A. § 801 (e). This question has often been decided by this court under facts similar to those in the present case, and the conclusion reached was that it was not a “foreign state”, and is, and was, under the supreme control and sovereignty over Japan and her people after its surrender, to the Allies, who transferred that to the United States. The situation and reasons given by the court in those other cases apply to the present case. Japan at the time this plaintiff voted was not a “foreign state”, and the election held was not a political one. Japan, under the evidence and the statute, is simply an occupied country and the area is being ruled by the United States.

Coming now to the second question here, as to whether the plaintiff voted at the election of her own free will, and not through mistake, confusion and misunderstanding and as the result of undue influence, coercion and duress, here again we are confronted with the thought as to what are the particular facts in this case. The…