[Translation from the German language] 2 P 337/52-APPROVAL OF ADOPTION The court hereby approve the adoption of Josefine Dmytruk by Cornelius F Hoorn and Eleanor M. Hoorn and hereby acknowledge the deed of adoption pursuant to section 181 CC. The adopted child to bear from now on the name of "Josefine Hoorn." The respective marginal entry of the birth register has been decreed and th competent registrar's office Linz/Danube been instructed accordingly. The personal data are the following: (a) The adopted child was born in Linz on January 14, 1944 (birth register o the registrar's office, Linz No. 143/1944). (b) Legitimate parents of the adopted child resp. illegitimate mother. (1) Father: Konstantin Dmytruk, born on June 2, 1905, at Rohozna (2) Mother: Stefanie Dmytruk, born on December 18, 1913, at Czernowitz Married on February 2, 1930 (marriage register of the registrar's office Sadagura). (c) The adopting parents are: (1) Father: Cornelius Francis Hoorn, born on October 25, 1907, at Rock Valley, Iowa. (2) Mother: Eleanor Melvina Hoorn, born on October 4, 1914 at Daven port, Iowa. Married since April 25, 1943 (marriage register of the registrar office, Amhorage, Alaska). District Court, Salzburg, Department 2, September 11, 1952. A true copy. Copy valid as of September 11, 1952. ERNST HODEL. S/TEUFL, The Court Despatcher. ERNST HODEL. District Court, Salzburg, Department 2, September 11, 1952. A true copy. S/TEUFL, The Court Despatcher. This translation is hereby certified as authentic: 16 März 1953, Translation Bureau, Interpreter Office, Salzburg. Call 1825 11 Altermarkt. The following letter from the adoptive father of the beneficiary o this bill explains the reasons why Josefina Hoorn will not be eligibl for admission under the provisions of a public bill (H. J. Res. 228) providing for the admission of certain adopted children of Unite States citizens, which was passed by the House on May 5, 1953. APRIL 20, 1953. Hon. CHAUNCEY W. REED, Chairman, Committee on the Judiciary, House of Representatives, Washington, D. C. HONORABLE CHAIRMAN: Thank you for your letter of April 13, 1953, and cop of House Joint Resolution 228. It is interesting to note that this resolution covers children 6 years and younge A similar bill (S. 600) (an amendment to the McCarran-Walter Immigration Act covers minors 18 years and under. This bill is sponsored by Senator Humphre (Democrat, of Minnesota.) On April 17, 1953, we returned to the Department of Justice completed form covering personnel history information relative to bill H. R. 2787. These form advised that no action could be taken on this bill prior to receipt of these com pleted forms. It is hoped, however, that action on this bill can be taken without waiting fo departmental reports inasmuch as this is usually a lengthy procedure. It noted that the mimeographed form outlining the documents required makes th following statement: "Subcommittee No. 1 of the Committee on the Judiciar has decided to consider private bills for the relief of minor adopted children United States citizens residing abroad, who are military or civilian personnel the United States Government, without waiting for departmental reports, if th following evidence is submitted." I have been a United States civil service employee since 1934 and my record can very easily be checked with the United States Čivil Service Commission there or with the Department of the Army. It is hoped, therefore, that action can be continued on H. R. 2787 inasmuch as Josefina Hoorn (age 9) will not qualify under the provisions of House Joint Resolution 228. A brief article in the European edition of the Stars and Stripes, April 19, 1953, stated that your committee had approved the resolution (H. J. Res. 228). It would be interesting to learn when it would appear that this resolution will be submitted to the floor for approval. It would also be interesting to know when it is likely for H. R. 2787 to be considered by your committee and submitted to the floor for approval. Respectfully submitted. CORNELIUS F. HOORN, Hgtrs-USFA-Ord The committee, after consideration of all the facts in the case, is of the opinion that the bill (H. R. 2787) should be enacted. JULY 14 (legislative day, JULY 6), 1953.-Ordered to be printed Mr. LANGER, from the Committee on the Judiciary, submitted the following REPORT [To accompany H. R. 3670] The Committee on the Judiciary, to which was referred the bill (H. R. 3670) for the relief of Mrs. Julia Gamroth, having considered the same, reports favorably thereon without amendment and recommends that the bill do pass. PURPOSE OF THE BILL The purpose of the bill is to grant the status of permanent residence in the United States to Mrs. Julia Gamroth. The bill provides for an appropriate quota deduction and for the payment of the required visa fee. The bill, as introduced, would have enabled the beneficiary to regain her United States citizenship, but the Judiciary Committee of the House amended the bill to grant her permanent residence only. STATEMENT OF FACTS The beneficiary of the bill is an 83-year-old native of Poland who came to this country with her family in 1874. She acquired United States citizenship by marriage to an alien who later became a United States citizen in 1912, and who died in 1917. In 1924 she married a native of the United States who was naturalized in Canada in 1909 and thereafter she went to Canada to live with her husband. She lost her citizenship by her protracted residence in a foreign country. A letter dated July 23, 1951, to the then chairman of the Committee on the Judiciary of the House of Representatives from the Deputy Attorney General with reference to H. R. 3429, which was a bill introduced in the 82d Congress for the relief of the same alien, reads as follows: JULY 23, 1951. Hon. EMANUEL CELLER, Chairman, Committee on the Judiciary, House of Representatives, Washington, D. C. MY DEAR MR. CHAIRMAN: This is in response to your request for the views of the Department of Justice relative to the bill (H. R. 3429) for the relief of Mrs. Julia Gamroth, an alien. The bill would provide that Mrs. Julia Gamroth, who lost United States citizenship under the provisions of section 404 (c) of the Nationality Act of 1940, as amended, which provides that a person who has become a national by naturaliza tion shall lose his nationality by residing continuously for 5 years in any other foreign state, may be naturalized by taking prior to 1 year after the effective date of this act, before any court referred to in subsection (a) section 301 of the Na tionality Act of 1940, as amended, or before any diplomatic or consular officer of the United States abroad, the oaths, prescribed by section 335 of the act. It would also provide that thereafter Mrs. Julia Gamroth shall have the same citi zenship status as that which existed immediately prior to its loss. The files of the Immigration and Naturalization Service of this Department disclose that Mrs. Gamroth, a widow, was born on May 8, 1870, in an unknown town in Prussia which later became Poland. She came to the United States with her parents when she was 4 years of age and the family settled at Arcadia, Wis On October 7, 1890, the alien married Michael Smieja or Schmija, who became a naturalized citizen in 1912. Mr. Smieja died at Independence, Wis., OI February 10, 1917. On February 24, 1924, the alien married Peter Gamroth, a native of the United States who was naturalized in Canada on January 11, 1909 Three weeks after her marriage Mrs. Gamroth accompanied her husband to Canada, where she lived at Galahad, Alberta, with him until his death or December 26, 1948. There are no children of this marriage. Since the death o Mr. Gamroth, she has been in the United States on visits a number of times She last entered the United States via train at Portal, N. Dak., on May 3, 1951 and was admitted for a temporary period until October 31, 1951. Mrs. Gamroth stated that she has 2 brothers and 2 sisters residing in Wisconsin. She furthe stated that she has no property in Canada except a little over $2,000 in a ban there. In the United States she has over $1,500 in a bank, and owns her ow home and 6 lots in Independence, where she now resides. The effective date of section 404 (c) of the Nationality Act of 1940 was post poned by various acts of Congress until October 15, 1946. Mrs. Gamroth however, resided in Canada from 1924 until 1951. Her case, therefore, fall within the purview of section 404 (c) and she is deemed to have lost her citizen ship. The record presents no facts which would justify granting her a preferenc over the many other naturalized citizens similarly situated and allowing her t retain her citizenship by means of special legislation, expecially in view of th reluctance of the Congress to interfere with the normal functioning of the nation ality laws. Accordingly, this Department is unable to recommend enactment of th Yours sincerely, measure. PEYTON FORD, Deputy Attorney General. The secretary of the late Congressman Merlin Hull, the author o the bill, appeared before a subcommittee of the Committee on th Judiciary of the House of Representatives and submitted the followin statement: STATEMENT OF GEORGE ROWE (FOR CONGRESSMAN MERLIN HULL) This statement in support of H. R. 3670, 83d Congress, is being made in behal of Congressman Merlin Hull, who is at present hospitalized following a recen operation. The following summary of the case of Julia Gamroth is based on the Congress man's files, conversations with the Congressman at the time he introduced th bill, and recent information provided to the Congressman's office orally by th Department of State and Justice, and the Canadian Embassy. Mrs. Julia Gamroth was born about 83 years ago in Upper Silesia, in what wa then apparently a German province but now is under the jurisdiction of th Polish Government. She came to the United States as a very young child. He |