preceding the date of his petition should be liberally construed in cases which sanction forgiveness after the expiration of five years from the date of disbarring deed. Petition of Zele, 2 Cir., 140 F.2d 773.
However, failure to support or provide for the maintenance and care of a wife or child is a continuing offense, as a result of which this rule of law does not apply in the instant case.
Furthermore, the phrase 'good moral character' should concern the Court not only with the technicalities of the law but also with the settled restrictions which exist in society and the way average men of good will act. In short, the ascertainment of the living law. Petition of R -- , D.C., 56 F.Supp. 969.
The petitioner in this case communicated with his wife on several occasions between the time of his entry into this country in January of 1913, and sometime during the year 1918, and also contributed to some extent to her financial aid during this period of time. However, from the year 1918 to the present time, the petitioner, for reasons which he is unable to explain, has done nothing in an effort to contribute to the support of his wife and child, and in fact has not communicated with her during this period of time.
Citizenship is a high privilege and is the greatest honor which this Government can bestow upon any person, and when doubts exist concerning a grant of it, the Naturalization Act should be construed with definite purpose to favor and support the Government, and the United States is entitled to the benefit of any doubt which remains as to any essential matter or fact. United States v. Manzi, 276 U.S. 463, 467, 48 S. Ct. 328, 72 L. Ed. 654; United States v. Forrest, D.C., 69 F.Supp. 389.
It is the ambition and dream of many people of foreign lands that some day they may be American citizens, and it is safe to assert that nowhere in the world today is the right of citizenship of greater worth to the individual than it is in this country. It would be difficult and practically impossible to exaggerate its value and importance. By many it is regarded as the highest hope of civilized men. Schneiderman v. United States, 320 U.S.118, 112, 63 S. Ct. 1333, 87 L. Ed. 1796.
I do not see how it can be said that the actions of the petitioner are of such a character as measure up to the standards of the average citizen of the community in which the petitioner has been permitted to reside, during which period he has enjoyed the many opportunities and privileges which exist in the United States. The conduct of the petitioner continues to this day, as far as neglect to show some interest or concern in the welfare of his wife, his child at this time, no doubt, being self-sustaining. In addition thereto, the petitioner has wilfully made inconsistent statements in connection with various questions which he has been requested to answer from time to time in connection with the proceeding. Since the petitioner is a man of sixty years and has resided in this country for more than thirty-four years, I do not believe that he did not understand the nature of the questions propounded to him. His actions in this respect were allowed to exist for a reason which the petitioner has not been able to satisfactorily explain, and which indicate to the Court a lack of good moral character on his part. I, therefore, believe that the petitioner has not established a good moral character as provided by the Nationality Act.
Furthermore the acts and conduct of the petitioner, in failing to provide for his wife and child, do not measure up to the standards of the average American citizen, and I do not believe that the petitioner would be well disposed to the good order, welfare and happiness of this country. In re Paoli, D.C., 49 F.Supp. 128; In re Bookschnis, D.C., 61 F.Supp. 751; United States v. Forrest, D.C., 69 F.Supp. 389; United States v. Jakini, D.C., 69 F.2d 707; In re Petition of R -- , D.C., 56 F.Supp. 969; Petition of Zele, 2 Cir., 140 F.2d 773.
The Petition for Naturalization is, therefore, refused. An appropriate order will be filed herewith.
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