Joseph McKenna

“ On January 11, 1916, he was notified by letter from the Navy Department that he had been selected for duty in connection with the Naval Intelligence Office in time of war and requested, in case of return to the United States and to Washington, to call at that office, but 'should you remain abroad indefinitely, and opportunity offer, it is requested that you confer with the naval attache at Paris.' The letter was transmitted to him through the naval attache at Paris, with request to acknowledge receipt, which he did on January 28, 1916. ”

“ That act had only to do with the action of a citizen as such, he having no other relations. His place of residence was an element in making him a citizen, it might be regarded as an element in continuing him a citizen and presumptions could be erected upon it, and we are prompted to say it is a presumption easy to preclude, and easy to overcome. It is a matter of option and intention.
The relation of an officer of the Navy to his place of residence is entirely different. ”

“ Provided, however, that such presumption may be overcome on the presentation of satisfactory evidence to a diplomatic or consular officer of the United States, under such rules and regulations as the Department of State may prescribe: And provided also, that no American citizen shall be allowed to expatriate himself when this country is at war.'
The contention puts out of view all of the other facts of the case. Puts out of view the rights of Gay as an officer of the Navy. ”