Mahlon Pitney

“ It does not follow that Congress may not authorize a direct attack upon certificates of citizenship in an independent proceeding such as is authorized by § 15 of the act of 1906. Appellant's contention involves the notion that because the naturalization proceedings result in a judgment, the United States is for all purposes concluded thereby, even in the case of fraud or illegality for which the applicant for naturalization is responsible. ”

“ Judicial review of letters patent, looking to their cancelation when issued unlawfully or through mistake, or when procured by fraud, is very ancient,-possibly antedating the establishment of the court of equity in England. ”

“ Sound reason, as we think, constrains us to deny to a certificate of naturalization, procured ex parte in the ordinary way, any conclusive effect as against the public. Such a certificate, including the 'judgment' upon which it is based, is in its essence an instrument granting political privileges, and open like other public grants to be revoked if and when it shall be found to have been unlawfully or fraudulently procured. ”

“ It merely provides that, on good cause shown, the question whether one who claims the privilege of citizenship under the certificate of a court has procured that certificate through fraud or other illegal contrivance shall be examined and determined in orderly judicial proceedings. ”

“ The principal contentions in the argument for appellant are, that a decree of naturalization is a judgment of a competent court, and subject to all the rules of law regarding judgments as such; that a court of equity could not, prior to June 29, 1906, set aside or annul such a judgment for fraud intrinsic the record, that is, founded upon perjured testimony, or any matter which was actually presented and considered in giving the judgment ”

“ What we have to say relates to such a case as is presented by the present record, which is the ordinary case of an alien appearing before one of the courts designated by law for the purpose, and, without notice to the government, and without opportunity, to say nothing of duty, on the part of the government to appear, submitting his application for naturalization with ex parte proofs in support thereof, and thus procuring a certificate of citizenship. ”

“ Since the passage of that act, the district courts have quite generally sustained the action for a cancelation of fraudulent certificates. United States v. Nisbet, 168 Fed. 1005; United States v. Simon, 170 Fed. 680; United States v. ”