of Chinese for deportation at some point to reach which travel is required, actual and necessary expenses will be allowed under the travel regulations of the Department of Labor. Government requests for transportation (Department of Labor) will be furnished when practicable to marshals by officers of the Immigration and Naturalization Service for the procurement of tickets required to accomplish delivery of Chinese deportees to designated points. Guard hire (when authorized) and personal expenses of such guards will be classed as "traveling expenses" of the marshal or deputy making such deliveries and must be supported by appropriate receipts as subvouchers.* [26-4-1, Ch. R. & Regs., Oct, 1, 1926]

60.4 Submission of vouchers for subsistence of arrested Chinese. The accounts of jailers, sheriffs or other officers for subsistence furnished to Chinese persons arrested and which properly may be payable from the appropriation for enforcement of the immigration laws shall be rendered on Form 573 and transmitted to the district commissioner of immigration and naturalization, district director, or Chinese inspector in charge (New York) of the district whence each such Chinese person was ordered deported, for record and transmission to the Department for settlement, accompanied by Form 421 duly certified. A like method of transmission shall be followed in the case of vouchers on standard Form No. 1012, for traveling expenses.* [26-5-1, Ch. R. & Regs., Oct. 1, 1926]

PART 61-SPELLING OF CHINESE NAMES

Section 61.1 Spelling of Chinese names. When the name of the Chinese person arises primarily in connection with any case, it should be recorded in English by means of the simplest and most accurate combination of letters which will produce the sound of such namee. g., the name or sound Lui should be represented by the three letters l-u-i, not Louis, Louie, Looey, etc. If the name of the Chinese person has been used already in some previous stage of the case under investigation, or has been given in some other case known to the investigating officer, the same spelling should continue unless it is quite apparent that a mistake has occurred and that the name (i. e., the sound) cannot be rendered properly by means of the letters previously used, in which event a note explaining the change should be inserted in the paper in course of preparation. Whenever the name of a Chinese person is obtained, after rendering it into English in accordance with the foregoing, such person should be required to write his name in Chinese characters, inserting it in the paper being prepared immediately after the English equivalent. If the name is thus written in the shorthand notes of a stenographer employed in reporting the case, a tracing thereof should be inserted in the transcript of such notes. As the written language of China does not vary, no matter to what extent the spoken language may run into dialects and colloquialisms, this practice will insure the procurement of the Chinese person's exact name as he states it. (Sec. 8, 25 Stat. 478, sec. 5, 33 Stat. 428, sec. 2, 32 Stat. 176, sec. 23, 39 Stat. 892, sec. 24, 43 Stat. 166; 8 U.S.C. 278, 296, 102, 222) [27–1 (a), (b), (c), Ch. R. & Regs., Oct. 1, 1926]

*For statutory citation, see note to § 60.1.

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PART 62—AUTHORITY, POWER, AND JURISDICTION OF INSPECTORS

Section 62.1 Authority, power, and jurisdiction of inspectors. The authority, power, and jurisdiction in relation to the exclusion of Chinese persons and persons of Chinese descent vested by law in collectors of customs are conferred upon and vested in officials in charge of districts shown in §§ 28.1, 28.2 (or inspectors acting under their direction), such officials being under the control of the Commissioner of Immigration and Naturalization; and pursuant to the said authority the Chinese and immigrant inspectors in the Immigration and Naturalization Service are hereby designated to exercise the powers of arrest conferred upon United States customs officials and collectors of internal revenue and their deputies by section 6 of the Act approved May 5, 1892 (27 Stat. 25), as amended by section 1 of the Act approved November 3, 1893 (28 Stat. 7; 8 U.S.C. 287). (Sec. 8, 25 Stat. 478, sec. 5, 33 Stat. 428, sec. 2, 32 Stat. 176, sec. 23, 39 Stat. 892, sec. 24, 43 Stat. 166; 8 U.S.C. 278, 296, 102, 222: interprets sec. 1, 38 Stat. 65; 8 U.S.C. 299) [28–1, Ch. R. & Regs., Oct. 1, 1926] Subchapter C-Naturalization Rules and Regulations

CROSS REFERENCES

Citizenship in Public Land cases: See Public Lands, 43 CFR Part 137. Consular Regulations Pertaining to Naturalization: See Foreign Relations, 22 CFR 79.137-79.149.

SCOPE OF THE NATURALIZATION LAW

The Act of June 29, 1906 (34 Stat. 596), as amended, provides a uniform rule for the naturalization of aliens throughout the United States, and applies to aliens generally, provided they are free white persons or of African nativity or descent.

The Act of September 22, 1922 (42 Stat. 1021), as amended, relating to the naturalization of married women, and the said Act of June 29, 1906, as amended, are to be regarded as in pari materia for the purposes of naturalization.

AUTHORITY FOR NATURALIZATION RULES AND REGULATIONS Executive Order 6166, June 10, 1933, section 14 (5 U.S.C., following chapter 1), provides that the Bureaus of Immigration and of Naturalization of the Department of Labor are consolidated as an Immigration and Naturalization Service of that department, at the head of which shall be a Commissioner of Immigration and Naturalization. This provision constitutes the authority for changing the former titles of Commissioner-General of Immigration and Commissioner of Naturalization, appearing in statutes prior to the Executive Order, to the Commissioner of Immigration and Naturalization.

SOURCE OF NATURALIZATION RULES AND REGULATIONS

The source of the rules and regulations in this subchapter is Naturalization Rules and Regulations of Dec. 1, 1936, issued by the Commissioner of Immigration and Naturalization with the approval of the Secretary of Labor. Subdivisions of source references are given in brackets at the end of each section. Thus [1-A-1] denotes rule 1, subdivision 1, paragraph 1.

The term "Central Office" as used in this subchapter means the office of the Commissioner of Immigration and Naturalization in Washington, D. C.

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Section 70.1 Commissioner of Immigration and Naturalization. The Commissioner of Immigration and Naturalization, under the immediate direction and control of the Secretary of Labor, shall have charge of the Immigration and Naturalization Service and of the administration of the immigration and naturalization laws. He shall report directly to the Secretary of Labor upon all immigration and naturalization matters annually and as otherwise required.* (Sec. 1, 34 Stat. 596; 8 U.S.C. 353) [1-A-1]

*88 70.1 to 70.22, inclusive, issued under the authority contained in sec. 28, 34 Stat. 606, sec. 8, 45 Stat. 1515; 8 U.S.C. 356. Statutes interpreted or applied and statutes giving special authority are listed in parentheses at the end of specific sections.

The source of §§ 70.1 to 70.22, inclusive, is Naturalization rules and regulations, I&NS, Dec. 1, 1936.

70.2 Deputy Commissioners of Immigration and Naturalization. The Deputy Commissioners of Immigration and Naturalization shall perform such duties as may be prescribed by the Commissioner of Immigration and Naturalization with the approval of the Secretary of Labor or the Assistant Secretary of Labor. In case of the death, resignation, absence, or sickness of the Commissioner of Immigration and Naturalization, a Deputy Commissioner of Immigration and Naturalization shall, until a successor is appointed or such absence or sickness shall cease, perform the duties devolving upon the Commissioner of Immigration and Naturalization.** (Sec. 1, 34 Stat. 596; 8 U.S.C. 353) [1-B-1]

*For statutory and source citations, see note to § 70.1.

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70.3 District directors. District directors shall at all times be subject to the immediate control, direction, and supervision of the Commissioner of Immigration and Naturalization or, in his absence, a Deputy Commissioner of Immigration and Naturalization. District directors, in addition to the duties imposed by law or regulation, shall have the control, direction, and supervision of all employees within their respective districts, and may, with the approval of the Commissioner of Immigration and Naturalization and the Secretary of Labor, prescribe rules and regulations, not inconsistent with law, for the transaction of business and the custody, use, and preservation of records and papers, and to govern and control such employees.*† [1-C-1]

70.4 Assistant district directors. The assistant district director shall perform such duties as may from time to time be assigned to him by the district director. In the absence of the district director the assistant director shall be the administrative officer in charge of the district.** [1-D-1]

70.5 Divisional directors. The divisional director shall be the officer in charge of a subdistrict and shall have the immediate supervision and control of the examiners, clerks, and employees within the territory embraced in such subdistrict and, in addition to the duties imposed by law or regulation, he shall perform such other duties as may be assigned to him by the district director within whose jurisdiction such divisional director is located.*+ [1-E-1]

70.6 Naturalization officers to investigate and report qualifications of applicants for naturalization and for certificates of citizenship, and witnesses. It shall be the duty of the appropriate naturalization officers or examiners to investigate thoroughly the qualifications and eligibility of applicants for naturalization and their witnesses, and applicants for certificates of citizenship and their witnesses, to make the necessary reports of all the pertinent facts to the courts, and to submit such reports as may be required to the heads of field districts or subdistricts, and to the Commissioner of Immigration and Naturalization.*+ [1-F-1]

70.7 Preliminary examinations; manner of conducting; facts to be ascertained. Wherever practicable, premilinary examinations of applicants for naturalization and their witnesses will be made in person. The principal purpose of such examinations is to obtain information bearing upon the applicant's admissibility to citizenship and the qualifications of the witnesses, rather than to obtain responses for record purposes. Both the applicant and the witnesses shall be carefully interrogated to determine whether the applicant has complied with the jurisdictional requirements of law, is mentally and morally qualified for citizenship, is attached to the principles of the Constitution, and is well disposed to the good order and happiness of the United States. The question of possible arrests must be thoroughly covered. If the applicant has been arrested or charged with the violation of any law or ordinance, all the facts will be ascertained, including information as to whether conviction resulted. Particular attention must be given to the determination of the applicant's

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*For statutory and source citations, see note to § 70.1.

marital history and the whereabouts of his wife and minor children. The questions will be repeated in different form and elaborated until the examiner is satisfied the person being interrogated fully understands them. The witnesses shall be questioned to develop not only their own credibility and competency but the extent of their personal knowledge of the applicant's residence, moral character, and attachment to the principles of the Constitution. Search will be made of appropriate court and other records in establishing the qualifications of the applicant and the witnesses.** [1-F-2]

70.8 Material statements of applicants and witnesses to be in writing, under oath; prosecution withheld pending instructions. All material statements of applicants for naturalization or applicants for certificates of citizenship and their witnesses should be in writing and under oath and signed by applicant or witness. However, no criminal action shall be instituted by reason of any such statements until the facts are fully reported to the Central Office and the institution of such proceedings authorized by the Department.*† [1-F-3] 70.9 Review of field investigations. In order to detect fraud, attempts at the perpetration thereof, and to eliminate irregular practices in naturalization cases, so far as possible, the district directors are hereby instructed to review the results, either personally or through some duly designated officer, after the usual petition examinations have been completed, and to assign one or more examiners, when available, to conduct outside investigations of applicants, their witnesses, and others, where it appears advisable. An outside investigation of every case is not contemplated by the foregoing, but those to be investigated will be left to the discretion and best judgment of the reviewing officer.*+ [1-G–1, 2]

70.10 Rule days for final hearings. Each district director, so far as possible, will endeavor to have rule days for the final hearings upon petitions for naturalization arranged so that naturalization sessions of the courts will follow each other in adjoining counties, judicial districts, circuits, or the same locality." (Sec. 6, 34 Stat. 596; 8 U.S.C. 396) [1-H-1]

70.11 Personal representation of Government at court hearings. Naturalization officers, and others when particularly designated by the Secretary of Labor for that purpose, are authorized to appear on behalf of the United States before any court or courts exercising jurisdiction in naturalization proceedings. Those so appearing on behalf of the United States before courts in naturalization proceedings shall have the right to examine and cross-examine the petitioner and witnesses and shall have the right to call witnesses, produce evidence, and be heard in opposition to the granting of any petition in such naturalization proceedings. In cases where it appears to be necessary, the naturalization officer will have a stenographic report made of the testimony given in any naturalization proceeding.*t (Sec. 11, 34 Stat. 599; 8 U.S.C. 399) [1-I-1]

70.12 Written report in lieu of personal representation at court hearings. Whenever it is impossible for the Service to be represented in person in court upon the final hearing of petitions for

**For statutory and source citations, see note to § 70.1.

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