
    THE UNITED STATES v. ALPHONSE GAY
    [57 C. Cls. 424; 264 U. S. 353]
    Judgment for the plaintiff in the court below. On appeal by the United States the judgment was affirmed, and the Supreme Court decided:
    Section 3 of the act of March 2, 1907, 34 Stat. 1228, in providing that when any naturalized citizen shall have resided for two years in the foreign State from which he came it shall be presumed that he has ceased to be an American citizen, does not apply to a retired officer of the Navy who resided abroad with the permission of the Navy Department, reported to* it each year as required by the regulations, evidenced his willingness to respond to the call of duty and performed no act inconsistent with his allegiance or his official status.
   Mr. Justice McKenna

delivered the opinion of the Supreme Court April 7, 1924.  