McDonald v. United States, 279 U.S. 12 (1929)

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McDonald v. United States

No. 117

Argued January 10, 1929
Decided February 18, 1929
279 U.S. 12

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE FIRST CIRCUIT

Syllabus

1. Service on a vessel of foreign registry cannot be considered residence in the United States for naturalization purposes. P. 19.

2. A proviso is not always limited in its effect to the part of the enactment with which it is immediately associated; it may apply generally to all cases within the meaning of the language used. P 20.

3. For the proper construction of a proviso, consideration need not be limited to the subdivision in which it is found; the General purpose of the section may be taken into account. P. 22.

4. In paragraph Seven, added to the Naturalization Law by the Act of May 9, 1918, the proviso declaring

That service by aliens upon vessels other than of American registry . . . shall not be considered a residence for naturalization purpose within the jurisdiction of the United States, and such aliens cannot secure residence for naturalization purposes during service upon vessel of foreign registry,

does not relate to the special classes of persons made eligible to naturalization by the preceding parts of the same paragraph, but (like other provision in the paragraph) states a rule of general application. P. 22.

22 F.2d 747 affirmed.

Certiorari, 277 U.S. 581, to a judgment of the circuit court of appeals which affirmed a judgment of the district court denying a petition for naturalization.