The opinion of the court was delivered by: STEWART
Pursuant to agreement of counsel, this case was submitted to the Court on the record. After examining and considering the record consisting of the complaint, an answer, a certificate of the Vice Consul of the United States of America at Naples, Italy, the interrogatories and cross-interrogatories propounded to the defendant and his answers thereto, we make the following
1. Prior to June 13, 1932, Francesco Pecora was a native of Italy, and as such was an Italian subject.
3. On or about November, 1932, Francesco Pecora left the United States of America and returned to Rovito, Province of Cosenza, Italy, where he has continuously resided since that date.
4. The last known place of residence of Francesco Pecora in the United States of America was at Bradford, Pennsylvania.
5. Francesco Pecora was married in Italy on January 18, 1920, to Antonietta Falba by whom he had several children prior to the date of his naturalization as a citizen of the United States of America.
6. Neither the wife nor any of these children has ever resided in the United States of America.
7. Francesco Pecora returned to his wife and family in Italy on or about November, 1932, and he and his wife have had three more children since the date of his return.
8. None of these three children has ever resided in the United States of America.
9. All of the children, except two, live with Francesco Pecora and his wife in Rovito, Province of Cosenza, Italy.
10. Francesco Pecora has voted at least twice in Italian elections or plebiscites since his return to Italy in 1932.
11. Francesco Pecora made no effort to return to the United States and never officially asserted a claim to citizenship in the United ...