IN RE THENAULT
47 F.Supp. 952 (1942)
In re THENAULT.
Naturalization Petitions Nos. 13928, 13929.
District Court of the United States for the District of Columbia.
April 23, 1942.
Sarah S. Thenault, pro se.
Eugene Cole, naturalization examiner.
McGUIRE, Justice.
These are petitions for the naturalization of Georges Spencer Thenault and Catherine Bathilde Thenault, respectively, minor children of Georges Thenault and Sarah Spencer Thenault, husband and wife, the former a French subject presently residing in France, and the latter a citizen of the United States presently residing therein, together with the children above referred to.
Findings of FactThe child Georges Spencer Thenault was born in the City of Washington, District of Columbia, on May 28, 1930, and his sister, Catherine Bathilde Thenault, was born in Hyannis, Massachusetts, on July 22, 1928. Their father was at the time of their birth a citizen of France, as he presently is, and was attached to the French Embassy as Air Attache, although at the present time, and since 1933, he has been engaged in private business in France.
Their mother is a citizen of the United States by birth, which citizenship she retained,
since her marriage took place in 1925 after the passage of the so-called Cable Act, September 22, 1922, 42 Stat. 1021, 1022. She is permanently residing in the United States. Conclusions of LawThe sole question here presented is whether or not these children, although physically born within the territorial limits of the United States are entitled to be naturalized by petition of the citizen parent — in this case their mother—under the provisions of Section 315 of the Nationality Act of 1940, Public Act No. 853, October 14, 1940, 54 Stat. 1137 at 1146, 8 U.S. C.A. § 715. The Section reads as follows: "A child born outside of the United States, one of whose parents is at the time of petitioning for the naturalization of the child, a citizen of the United States, either by birth or naturalization, may be naturalized if under the age of eighteen years and not otherwise disqualified from becoming a citizen and is residing permanently in the United States with the citizen parent, on the petition of such citizen parent, without a declaration of intention, upon compliance with the applicable procedural provisions of the naturalization laws."