Oliver Wendell Holmes, Jr.

“ Hence not only the conditions attached to the grant, but those attached to the power of the instrument used by the United States to make the grant must be complied with strictly, as in other instances of Government gifts. By section 4 of the Act an alien may be admitted to become a citizen of the United States in the manner prescribed, 'and not otherwise.' And by the same section the certificate from the Department of Labor is to be filed 'at the time of filing his petition.' (Code, §§ 372, 379) . ”

“ If the statute makes it a condition precedent to the authority of the Court to grant a petition for naturalization that the Department of Labor's certificate of arrival shall be filed at the same time, then, when it appears on the face of the record that no such certificate has been filed, a decree admitting to citizenship is bad. It is illegal in the sense that it is unauthorized by and contrary to the law. ”

“ Ness, supra, and that a hearing in chambers adjoining the courtroom does not satisfy the requirement of a hearing in open Court, United States v. Ginsberg, 243 U.S. 472, 37 S.C.t. 422, 61 L. Ed. 853. The reasoning that prevailed in those cases must govern this. ”