Rockteschell

By this proceeding the government seeks a decree setting aside a cerlificate of naturalization issued to the respondent out of the United States Circuit Court for the District of Massachusetts on the 26th day of June, 1906. The ground relied upon is that, at the time the order of admission was made, the respondent had not resided in the United States continuously for the period of five years. In general terms the petition sets forth that, at the hear, ing of his application for naturalization, contrary to the fact, he represented that he had been in the United States for more than five years, and there is attached to the petition, as an exhibit, an affidavit made by a special agent, setting forth in detail what are claimed to be the facts touching the actual presence of the respondent in the United States, from 1894, the time when he first came to this country, up to the date of his admission. From this affidavit it appears that he is a seaman, and that during most of the time since he reached the *532 age of majority he has followed that calling for a livelihood. It is conceded that he was physically present in the United States continuously from 1894 to 1897, but it is averred…