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CHAPTER 48.

ALIENS.

Tieadmission of veterans, 2937.
Nummralization :
Military service requirements

Discharged before Jan. 1, 1900, 2938.
Three years' service, 2939.
Condition of enlistment, 2940.
Indians, 2941.

Affidavits of witnesses, 2942,
Residence requirements-

Veterans of the World War, 2943.
Certificate of service in lieu of proof,

2944.
Alhidavits of witnesses, 2945.
Applications by soldiers

Filed in nearest court, 2946.
Without appearance, 2947.
Fees, 2948.

Veterans of World War, 2919.
Petition heard immediately, 2950.

Naturalization-Continued.

Subject of enemy country, 2951.
Declaration of intention made prior to

Sept. 27, 1906, 2952.
Counterfeiting certificate of citizenship,

2953.
Expatriation of citizens of United States :

Allegiance to foreign State, 2954.
Residence in foreign State, 2955.
Prohibited in time of war, 2956.
Repatriation of veterans of allied armies,

2957.
Alien enemies :
Restraint in time of war, 2958.

Declarants, 2959.
Escape from internment, 2960.
Control of telegraph or cable lines

Alaska, 2961.

2937. Readmission to the United States of veterans of the World War - That, notwithstanding the provisions of section three of the immigration Act of February fifth, nineteen hundred and seventeen, excluding from the United States aliens who are likely to become a public charge, or who are physically defective, or who are contract laborers, or who have come in consequence of advertisements for labor printeil, published, or distributed in a foreign country, or who are assisted by others to come, or whose ticket or passage is paid for with the money of another or by any corporation, association, society, municipality, or foreign government, or who are stowaways, or who are illiterate, aliens lawfully resident in the United States when heretofore or hereafter enlisted or conscripted for the military or naval service of the United States, or of any one of the nations cobelligerent of the United States in the present war; and aliens lawfully resident in the United States who have enlisted for service with Czecho-Slovak, Polish, or other independent forces attached to the United States Army or to the army or navy of any one of the cobelligerents of the United States in the present war, who may during or within one year after the termination of the war apply for readmission to this country, after being honorably discharged or granted furlough abroad by the proper military or naval authorities, or after being rejected on final examination in connection with their enlistment or conscription shall, within two years after the termination of the war, be readmitted; and that any alien of either of the foregoing descriptions who would otherwise be excluded under said seetion of the immigration Act on the ground that he is idiotic, imbecile, feeble-minded, epileptic, insane, or has had one or more attacks of insanity, or on the ground that he is aflicted with constitutional psychopathic inferiority, tuberculosis, a loathsome or dangerous contagious disease, or mental defect, shall be readmitted if it is proved that the disability was acquired while the alien was serving in the military or naval forces of the United States or of any one of the nations cobelligerent of the United States in the present war or in an indlependent force of the kind hereinbefore described, if such alien returns to a port of the United States within two years after the termination of the war; and that the head tax provided in the immigration Act of February fifth, nije teen hundred and seventeen, shall not be collected from aliens readmitted into the United States under the provisions of this resolution. Joint Res. 41, Oct. 19, 1918 (10 Stat. 1011).

2938. Naturalization of aliens honorably discharged from the Army.-; alien, of the age of twenty-one years and upward, who has enlisted, or may enlist, in the armies of the United States, either the regular or volunteer forces, and has been, or may be hereafter, honorably discharged, shall be admitted to become a citizen of the United States, upon his petition, without any previous declaration of his intention to become such; and he shall not be required to prove inore than one year's residence within the United States previous to his application to become such citizen; and the court admittic; such alien shall, in addition to such proof of residence and good moral character, as now provided by law, be satisfied by competent proof of such person's having been honorably discharged from the service of the United Stutes. R. S. 2166.

That the following provisions of law be, and they are hereby, repealed: Section twenty-one hundred and sixty-six

of the Revised Statutes Provided further, That as to all aliens who, prior to January first, nineteen hundred, served in the Armies of the United States and were honorably discharged therefrom, section twenty-one hundred and sixty-six of the Revised Statutes of the United States shall be and remain in full force and effect, anything in this Act to the contrary notwithstanding. Sec. 2, act of dlay 9, 1918 (40 Stat, 547).

Notes of Decisions.

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Repeal.-R. S. 2166 was not repealed by to apply only to citizens, and that an holraturalization act of June 29, 1906 (34 orably discharged soldier of the Colted Stat. 596). Bessho v. U. S. (1910), 178 States was not barred of his right to be Feg. 245, 247, 101 C. C. A. 605; V. S. v. come a citizen, as provided by this section, Meyer (D. C. 1909), 170 Fed. 983, 984; In by returning to Switzerland and holding re Leichtag (D. C. 1914), 211 Fed. 681.

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elective office there while an alien. Naval or marine service. --The word In re Wildberger (D. C. 1914), 214 Fed. "armies" does not include "marines." In 508. re Bailey (D. C. 1872), Fed. Cas, No. 728.

Proof of residence and moral character Nor persons who have served in the Navy. The phrase "as

now provided by law In re Chamavas (Super. Buff. 1892), 21 was not affected by naturalization aet of N. Y. Supp. 104, following in re Bailey June 29, 1906, requiring two witnesses to (D. C. 1872), Fed. Cas. No. 728, and dis- residence and good character, and proof to approving In re Stewart (1868), 30 N. Y. the satisfaction of the court is suficient. Super Ct. (7 Rob.) 635.

In re Loftus (C, C. 1908), 165 Fed. 1002, Race.-The right of naturalization is not 1003; In re McNabb (D, C, 1909), 175 extended by this section to a person of the Fed. 511. Mongolian race, either Chinese or Japan- Proof of residence may be made by depo

In re Buntaro Kumagai (D. C. 1908), sitions. In re McNabb (D. C. 1909), 175 163 Fed. 922, 924 ; In re Knight (D. C.

Fed. 511. 1909), 171 Fed. 299.

Nor to a person

An honorably discharged soldier need one-fourth white and three-fourths brown

not have been a resident of the State for or Malay. In re Alverto (D. C, 1012), 198 one year.

In re Leichtag (D. C. 1914), Fed. 088.

211 Fed. 681. Expatriation Act of Mar. 2, 1907 (34

Furlough to reserve. -An alien who bad Stat. 1228), providing that naturalization

served three years in the Army and was of a citizen by any foreign State or resi

thereupon furloughed to the Reserve is met dence of a naturalized citizen in a foreign entitled to naturalization under R. S. 2206. State shall constitute expatriation, held In re Markun (D. C. 1910), 232 Fed. Int.

ese.

2939. Naturalization of aliens after three years' military service.-Seventh. Any native-born Filipino of the age of twenty-one years and upward who has declared his intention to become a citizen of the United States and who has enlisted or may liereafter enlist in the United States Navy or Marine Corps or the Naval Auxiliary Service, and who, after service of not less than three years, may be honorably discharged therefrom, or who may receive an ordinary discharge with recommendation for reenlistment; or any alien or any Porto Rican not a citizen of the United States, of the age of twenty-one years and upwarı, who has enlisted or entered or may hereafter enlist in or enter the armies of the United States, either the Regular or the Volunteer Forces, or the National Army, the National Guard or Naval Militia of any State, Territory, or the District of Columbia, or the State militia in Federal service, or in the United States Navy or Marine Corps, or in the United States Const Guard, or who has served for three years on board of any vessel of the United States Government, or for three years on board of merchant or fishing vessels of the United States of more than twenty tons burden, and while still in the service on a reenlistinent or reappointment, or within six months after an honorable discharge or separation therefrom, or while on furlough to the Army Reserve or Regular Army Reserve after honorable service, may, on presentation of the required declaration of intention petition for naturalization without proof of the required five years' residence within the United States if upon examination loy the representative of the Bureau of Naturalization, in accordance with the l'equirements of this subdivision it is shown that such residence can not be established; any alien serving in the military or naval service of the United States during the time this country is engaged in the present war may file his petition for naturalization without making the preliminary declaration of intention and without proof of the required five years' residence within the United States;

Par. 7, added to scc. ), act of June 29, 1906, by sec. 1, act of May 9, 1918 (40 Stat. 542).

2940. Naturalization of an alien a condition of enlistment in the Army.-Seventh. * any alien declarant who has served in the United States Army or Navy, or the Philippine Constabulary, and has been honorably discharged therefrom, and has been accepted for service in either the military or naval service of the United States on the condition that he becomes a citizen of the United States, may file his petition for naturalization upon proof of continuous residence within the United States for the three years immediately preceding his petition, hy two witnesses, citizens of the United States, and in these cases only residence in the Philippine Islands and the Panama Canal Zone by aliens may be considered residence within the United States, and the place of such military service shall be construed as the place of residence required to be established for purposes of naturalization;

Par. Y, added to scc. 4, act of June 29, 1906, by sec. 1, act of May 9, 1918 (10 Stat. 542).

2941. Naturalization of Indians.-That every American Indian who served in the Military or Naval Establishments of the United States during the war against the Imperial German Government, and who has received or who shall hereafter receive an honorable discharge, if not now a citizen and if he so desires, shall, on proof of such discharge and after proper identification before à court of competent jurisdiction, and without other examination except as prescribed by said court, be granted full citizenship with all the privileges pertaining thereto, without in any manner impairing or otherwise affecting the property rights, individual or tribal, of any such Indian or his interest in

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tribal or other Indian property. Act received by the President, Oct. 25, 1919, lecame law without approval (41 Stat, $50). 2942. Affidavits of witnesses as to military service of an alien. -Seventh.

The time of military service may be established by the affidavits of at least two other citizens of the United States, which, together with the path o! allegiance, may be taken in accordance with the terms of section seventeen hun. dred and fifty of the Revised Statutes of the United States after notice from and under regulations of the Bureau of Naturalization. Such affidavits and oath of allegiance shall be admitted in evidence in any original or appellate naturalization proceeding without proof of the genuineness of the seal or signature or of the official character of the officer before whom the affidavits and oath of allegiance were taken, and shall be filed by the representative of the Governgent from the Bureau of Naturalization at the hearing as provided by section eleveu of the Act of June twenty-ninth, nineteen hundred and six, Members of the Naturalization Bureau and Service may be designated by the Secretary of Labor to administer oaths relating to the administration of the naturalization law; and the requirement of section ten of notice to take depositions to the United States attorneys is repealed, and the duty they perform under section fifteen of the Act of June twenty-ninth, nineteen hundred and six (Thirty-fourth Statutes at Large, part one, page five hundred and ninety-six), may also be performed by the Commissioner or Deputy Commissioner of Naturalization: Morited, That it shall not be lawful to make a declaration of intention before the clerk of any court on election day or during the period of thirty days près ceding the day of holding any election in the jurisdiction of the court: Par. 7, added to sec, 6, act of June 29, 1906, by sec. 1, act of May 9, 1918 (10 Stat. 543).

R. S. 1750 provides for administering or taking oaths, affirmations, afidavits, or depositions, and perforining notarial acts by secretaries of legations and consular officers; the penalty for perjury in such cases; and the penalty for forging certificates of oath,

2943. Residence requirements for the naturalization of veterans of the World War. Thirteenth. That any person who is serving in the military or naval forces of the United States at the termination of the existing war, and any person who before the termination of the existing war may have been honorably discharged from the military or naval services of the United States on account of disability incurred in line of duty, shall, if he applies to the proper court for aikmission as a citizen of the United States, be relieved from the necessity of pror. ing that immediately preceding the date of his application he has resided conti). uously within the United States the time required by law of other aliens, or within the State, Territory, or the District of Columbia for the year immediately preceiling the date of his petition for naturalization, but his petition for nuturalization shall be supported by the affidavits of two credible witnesses, citizens of the United States, identifying the petitioner as the person named in the certiticate of honorable discharge, which said certificate may be accepted as evidence of good moral character required by law, and he shall comply with the other requirements of the naturalization law. Par. 13, added to ser. 4, act of June 29, 1906, byl sec. 1, act of May 9, 1918 (40 Stat. 546). 2944. Certificate of military service of an alien in lieu of proof of residence

and, except as otherwise herein provided, the honorable discharge certificate of such alien, or person owing permanent allegiance to the United States, or the certificate of service showing good conduct, signed by a ruly authorized officer, or by the masters of said vessels, shall be deemed prima

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Seventh.

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facie evidence to satisfy all of the requirements of residence within the United States and within the State, Territory, or the District of Columbia, and good moral character required by law, when supported by the affidavits of two witnesses, citizens of the United States, identifying the applicant as the person Daned in the certificate or honorable discharge, and in those cases only where the alien is actually in the military or naval service of the United States, the certificate of arrival shall not be filed with the petition for naturalization in the manner prescribed ; *. Par. 7, added to sec. 4, act of June 29, 1906, by sec, 1, act of May 9, 1918 (40 Stat, 543).

2945. Affidavits of witnesses as to residence of an alien.-Seventh. The petition shall be verified by the affidavits of at least two credible witnesses who are citizens of the United States, and who shall prove in their affidavits the portion of the residence that they have personally known the applicant to hare resided within the United States.

Par. 7, added to sec. 4, act of June 29, 1906, by sec. 1, act of May 9, 1918 (40 Stat. 513).

2946. Application for the naturalization of a soldier filed in the nearest court. ---Seventh.

and any alien, or any person owing permanent allegiance to the United States embraced within this subdivision, may file his petition for naturalization in the most convenient court without proof of residence within its jurisdiction, notwithstanding the limitation upon the jurisdiction of the courts specified in section three of the Act of June twenty-ninth, nineteen hundred and six, provided he appears with his two witnesses before the appropriate representative of the Bureau of Naturalization and passes the preliminary examination hereby required before filing his petition for naturalization in the office of the clerk of the court, and in each case the record of this examination shall be offered in evidence by the representative of the Govern. ment from the Bureau of Naturalization and made a part of the record at the original and any subsequent hearings;

Par. 7, added to sec. 4, act of June 29, 1906, by sec. 1, act of May 9, 1918 (40 Stat. 513).

2947. Petition for naturalization filed without appearance by a soldier.-Seventh.

Any alien, who, at the time of the passage of this Act, is in the military service of the United States, who may not be within the jurisdiction of any court authorized to naturalize aliens, may file his petition for naturalization without appearing in person in the office of the clerk of the court and shall not be required to take the prescribed oath of allegiance in open court.

Par. 14, added to sec. 4, act of June 26, 1906, by sec. 1, act of May 9, 1918 (40 Stat. 543). 2948. Fees for naturalization of a soldier.--Seventh.

* During the time when the United States is at war no clerk of a United States court shall charge or collect a naturalization fee from an alien in the military service of the United States for filing his petition or issuing the certificate of naturalization upon admission to citizenship, and no clerk of any State court shall charge or collect any fee for this service unless the laws of the State require such charge to be made, in which case nothing more than tlie portion of the fee required to be paid to the State shall be charged or collected. A full accounting for all of these transactions shall be made to the Bureau of Naturalization in the manner provided by section thirteen of the Act of June twenty-ninth, nineteen hundred and six. Par. 79, added to sec. 4, act of June 29, 1906, by sec. 1, act of May 9, 1918 (40 Stat. 5.91).

Sec. 13, act of June 29, 1906 (34 Stat. 600), was amended by sec. 1, act of June 25, 1910 (36 Stat. 829).

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