Opinion
No. 359.
June 19, 1945.
Appeal from the District Court of the United States for the Southern District of New York.
Emil Richard Romberg was convicted of falsely representing himself to be a citizen of the United States in violation of Nationality Act of 1940, § 346(a) (18), 8 U.S.C.A. § 746(a) (18), and he appeals.
Affirmed.
Defendant was indicted, found guilty by a jury, and sentenced for violating 8 U.S.C.A. § 746(a) (18), which subjects to fine and imprisonment any person "knowingly to falsely represent himself to be a citizen of the United States without having been naturalized or admitted to citizenship, or without otherwise being a citizen of the United States." Defendant, a citizen of Germany, was an electrical worker, and a member of a labor union, Local 3 of the International Brotherhood of Electrical Workers. Through the Joint Employment Committee of that Local he received employment from February 9 to February 17, 1942, with a drydock company which was doing work for the United States Maritime Commission. On February 25, 1942, he was present at a meeting of the Union's executive board which was considering whether it should direct an investigation of a charge, made by one Bedsole, a business representative of the Union, that defendant had done defective work at the drydocks. At the request of Bedsole, the Chairman of the executive board asked defendant, "Are you a citizen of the United States," to which defendant replied, "I am." Defendant had not concealed from his employer the fact that he was not a citizen. When interrogated by the Federal Bureau of Investigation on April 12, 1943, he wrote and signed the following statement:
"When I'm asked whether I'm a citizen and is something private and not official I tell people that I'm a citizen. I do not want them to know that I am a alien. I tell them this because while I'm Foreman on the job I do not think that the men working for me have the proper Respect for me because I'm a Enemy Allien, I don't not want them to know that I'm a allien, I carry this out by telling some of the men that I'm a citizen, and only then when I know the men personally. The companie I'm working for know that I'm a Enemy Allien."
John F.X. McGohey, of New York City (Martin J. McLaughlin, of New York City, of counsel), for plaintiff.
Joseph Leary Delaney, of New York City (John L. Goldstone, of New York City, of counsel), for defendant.
Before L. HAND, A.N. HAND, and FRANK, Circuit Judges.
In the light of United States v. Achtner, 2 Cir., 144 F.2d 49, 52, the sole question here is whether the Union's executive board had "some * * * adequate reason for ascertaining * * * defendant's citizenship" at "a time of deepening national crisis." We think it did. In so holding, we have considered the nature of defendant's job, the fact that he had received his employment through the Union, and that the Union's board was inquiring into a charge that defendant had done defective work.
Affirmed.