Wednesday's Weird But True Legal Cases - Vol X

Today's weird (but true) legal case is Schwab v. Coleman, 145 F.2d 672 (4th Cir 1944) a matter which involved a petition for a writ of mandamus filed jointly by the Commissioner of Immigration and Naturalization of the United States and five persons who filed petitions for naturalization before a Federal District Court Judge. As you learn in law school, a writ of mandamus is extraordinary relief - it is an Order from an appellate court that commands a lower court Judge to act and it is rarely granted. This case was an exceptional matter where the appellate court decided that the petitioners were entitled to such a writ.

The case involved five individuals who wished to become permanent United States Citizens. As indicated by the Fourth Circuit in their decision, each of these people had fulfilled their requirements to become United States citizens and their applications were approved by the Commissioner. The only problem for these five people was that in 1944, Federal District Court Judge William Coleman did not want to pass on their application as they had all emigrated from Germany.

Who were the potential American citizens? As noted by the Fourth Circuit in their decision, the petitioners:

[a]re persons of good moral character, attached to the principles of the Constitution, and well disposed to the good order and happiness of the United States. One is a Rabbi of a Hebrew Synagogue in Baltimore. Two of the others are a noted ophthalmologist, attached to the Wilmer Clinic of Johns Hopkins Hospital, and his wife. Another is a woman whose father is dead, whose mother is in a German concentration camp, who has no relatives in foreign military service, who has three cousins in the armed forces of the United States and who desires citizenship in order that she herself may join the Women's Army Corps. The remaining applicant is a trained nurse, the wife of an officer in the United States Army.

After the petitioners had completed all of their paperwork they all appeared and testified before Judge Coleman as to their desire to become American citizens. However, after the hearing was completed, Judge Coleman refused to rule on their applications and continued the hearings indefinitely. In explaining his reason for doing so, Judge Coleman explained:

(1) That during a state of war an investigation as to background and antecedents
cannot be conducted, and, (2) that petitioners for naturalization who have not resided in the United States since prior to 1933 have not resided a sufficient length of time for the Court or the petitioners to know whether they are attached to the principles of the Constitution due to the emotional conditions under which they came here.

The motivation for Judge Coleman's actions in unknown. The appellate court gives him the benefit of the doubt as to why he would refuse to grant citizenship to these refugees of Nazi Germany. The ramification of his actions were clear - by refusing to formally deny the applications, the five petitioners had no way of seeking appellate review of the Judge's true intention of denying them citizenship in the United States because they did not come here from Germany before 1933.

The Fourth Circuit indicated that it would grant the writ of mandamus, but stopped short of formally issuing it, stating:

we are of opinion that Judge Coleman should proceed forthwith to pass upon the petitions for naturalization and that petitioners are entitled to the writ of mandamus prayed. It is clear, however, that the learned judge has refused to act upon the petitions merely because of an erroneous view of the law applicable; and we assume that it will not be necessary that the writ of mandamus actually issue requiring him to act, now that this court has passed upon the questions of law involved.

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