§ 962. (Act March 4, 1913, c. 141, § 3.) Powers of Commissioner This was a further provision of section 3 of the act to create a Department of Labor, cited above. See notes to preceding provision of this section, ante, § 961. § 963. (Act June 29, 1906, c. 3592, § 1.) Former Bureau of Immigration designated Bureau of Immigration and Naturalization; duties as to naturalization of aliens; registry of aliens; certificates of registry. The designation of the Bureau of Immigration in the Department of Commerce and Labor is hereby changed to the "Bureau of Immigration and Naturalization," which said Bureau, under the direction and control of the Secretary of Commerce and Labor, in addition to the duties now provided by law, shall have charge of all matters concerning the naturalization of aliens. That it shall be the duty of the said Bureau to provide, for use at the various immigration stations throughout the United States, books of record, wherein the commissioners of immigration shall cause a registry to be made in the case of each alien arriving in the United States from and after the passage of this Act of the name, age, occupation, personal description (including height, complexion, color of hair and eyes), the place of birth, the last residence, the intended place of residence in the United States, and the date of arrival of said alien, and, if entered through a port, the name of the vessel in which he comes. And it shall be the duty of said commissioners of immigration to cause to be granted to such alien a certificate of such registry, with the particulars thereof. (34 Stat. 596.) This was the first section of the Naturalization Act of 1906, entitled "An act to establish a Bureau of Immigration and Naturalization, and to provide for a uniform rule for the naturalization of aliens throughout the United States," cited above. Section 2 of this act directed the Secretary of Commerce and Labor to provide the Bureau with such additional offices, such books of records and facilities, and such additional assistants, clerks, etc., and other employés as might be necessary for the proper discharge of the duties imposed by this act upon the Bureau. Appropriations for the purpose of carrying into effect the provisions of this act were made for the Bureau for the fiscal year 1908, including a chief of Division of Naturalization, $3,500, an assistant chief of Division, $2,500, clerks of various classes, and other employés, by the sundry civil appropriation act for that year, Act March 4, 1907, c. 2918, § 1, 34 Stat. 1329. Similar appropriations were made by the legislative, executive, and judicial appropriation act for subsequent years. The provisions for such purposes for the fiscal year 1914 were by Act March 4, 1913, c. 142, § 1, 37 Stat. 786, and, with the appropriations for miscellaneous expenses of the Division of Naturalization thereafter made by the sundry civil appropriation act for the same year, Act June 23, 1913, c. 3, § 1, 38 Stat. 65, were made available for expenditure in and by the Department of Labor, by provisions of Act May 1, 1913, c. 1, 38 Stat. 2. The appropriations for salaries for the fiscal year 1917 were by Act May 10, 1916, c. 117, § 1, 39 Stat., and were as follows: Commissioner, $4,000; deputy commissioner, $3,250; and clerks and other employés. The appropriations for miscellaneous expenses of the naturalization service for the fiscal year 1917 were by Act July 1, 1916, c. 209, § 1, 39 Stat. Other sections of this act are set forth under Title XXX, "Naturalization," §§ 4351-4383. All laws or parts of laws inconsistent with rates of salaries or compensation appropriated by the legislative, executive, and judicial appropriation acts 1 U.S.COMP.'16-34 (529) are repealed, and the rates of salaries or compensation of officers or employés appropriated for in said acts are to constitute the rate of salary or compensation of such officers or employés, respectively, until otherwise fixed by an annual rate of appropriation or other law, by Act July 16, 1914, c. 141, § 6, post, § 3228a. The officers and employés of the United States whose salaries are appropriated for in the legislative, executive, and judicial appropriation act for the fiscal year 1916, Act March 4, 1915, c. 141, 38 Stat. 1049, are established and continued from year to year to the extent that they are appropriated for by Congress, by § 6 of said act, post, § 3228b. Unless otherwise specially authorized by law, no money appropriated by any act shall be available for payment to any person receiving more than one salary, when the combined amount of said salaries exceeds $2,000 per annum, with certain enumerated exceptions, by Act May 10, 1916, c. 117, § 6, as amended by Act Aug. 29, 1916, c. 417, post, § 3230a. Notes of Decisions Registration of aliens.-Under Act June 29, 1906, §§ 1, 4, where an alien deserted a ship at New York harbor and entered the country without inspection, certificate of arrival, not based on his registry at that time, but on information acquired at a subsequent hearing, held not a sufficient compliance with section 4 to entitle him to admission to citizenship. In re Hollo (D. C. 1913) 206 Fed. 852. Filing certificate in naturalization proceedings.-The certificate which an applicant is required to file with his petition by Naturalization Act, § 4, post, § 4352, is not necessarily the same certificate which it is provided by this section shall be issued to an immigrant on his registry by the Commissioner of Immigration. In re Schmidt (D. C. 1913) 207 Fed. 678; In re McPhee (D. C. 1913) 209 Fed. 143. 2 Sec. CHAPTER E The Children's Bureau The Children's Bureau was established in the Department of Commerce and Labor by Act April 9, 1912, c. 73, 37 Stat. 79, and was transferred to the Department of Labor, on the creation of that Department as a new executive department, by Act March 4, 1913, c. 141, 37 Stat. 736. This chapter includes the provisions of said Act April 9, 1912, c. 73, as applicable to the Bureau in the Department of Labor. 964. Establishment of Bureau. and reports by Bureau; publica- § 964. (Act April 9, 1912, c. 73, § 1.) Establishment of Bureau. There shall be established in the Department of Commerce and Labor a bureau to be known as the Children's Bureau. (37 Stat. 79.) This was the first section of an act entitled "An act to establish in the Department of Commerce and Labor a bureau to be known as the Children's Bureau," cited above. The Bureau was transferred to the Department of Labor by the act creating that Department, Act March 4, 1913, c. 141, § 3, ante, § 934. All laws prescribing the work and defining the duties of the several bureaus, etc., transferred to the Department of Labor, remained in full force and effect, to be executed under the direction of the Secretary of Labor, by a provision of the act establishing the Department, Act March 4, 1913, c. 141, § 6, ante, § 936. § 965. (Act April 9, 1912, c. 73, § 2.) Chief of Bureau; investigations and reports by Bureau; publications. The said bureau shall be under the direction of a chief, to be appointed by the President, by and with the advice and consent of the Senate, and who shall receive an annual compensation of five thousand dollars. The said bureau shall investigate and report to said department upon all matters pertaining to the welfare of chil (530) dren and child life among all classes of our people, and shall especially investigate the questions of infant mortality, the birth rate, orphanage, juvenile courts, desertion, dangerous occupations, accidents and diseases of children, employment, legislation affecting children in the several States and Territories. But no official, or agent, or representative of said bureau shall, over the objection of the head of the family, enter any house used exclusively as a family. residence. The chief of said bureau may from time to time publish the results of these investigations in such manner and to such extent as may be prescribed by the Secretary of Commerce and Labor. (37 Stat. 79.) See notes to preceding section of this act, ante, § 964. § 966. (Act April 9, 1912, c. 73, § 3.) Assistant Chief of Bureau; subordinate officers, clerks, and employés. There shall be in said bureau, until otherwise provided for by law, an assistant chief, to be appointed by the Secretary of Commerce and Labor, who shall receive an annual compensation of two thousand four hundred dollars; one private secretary to the chief of the bureau, who shall receive an annual compensation of one thousand five hundred dollars; one statistical expert, at two thousand dollars; two clerks of class four; two clerks of class. three; one clerk of class two; one clerk of class one; one clerk, at one thousand dollars; one copyist, at nine hundred dollars; one special agent, at one thousand four hundred dollars; one special agent, at one thousand two hundred dollars, and one messenger at eight hundred and forty dollars. (37 Stat. 80.) See notes to section 1 of this act, ante, § 964. Appropriations for the Bureau are made in the annual legislative, executive, and judicial appropriation acts. The provisions for the fiscal year 1917 were by Act May 10, 1916, c. 117, § 1, 39 Stat. In addition to the appropriation for salaries said Act May 10, 1916, c. 117, § 1, 39 Stat., provided an appropriation for traveling expenses, per diem, etc., for the Children's Bureau. All laws or parts of laws inconsistent with rates of salaries or compensation appropriated by the legislative, executive, and judicial appropriation acts are repealed, and the rates of salaries or compensation of officers or employés appropriated for in said acts are to constitute the rate of salary or compensation of such officers or employés, respectively, until otherwise fixed by an annual rate of appropriation or other law, by Act July 16, 1914, c. 141, § 6, post, § 3228a. The officers and employés of the United States whose salaries are appropriated for in the legislative, executive, and judicial appropriation act for the fiscal year 1916, Act March 4, 1915, c. 141, 38 Stat. 1049, are established and continued from year to year to the extent that they are appropriated for by Congress, by § 6 of said act, post, § 3228b. Unless otherwise specially authorized by law, no money appropriated by any act shall be available for payment to any person receiving more than one salary, when the combined amount of said salaries exceeds $2,000 per annum, with certain enumerated exceptions, by Act May 10, 1916, c. 117, § 6, as amended by Act Aug. 29, 1916, c. 417, post, § 3230a. § 967. (Act April 9, 1912, c. 73, § 4.) Quarters for work of Bureau. The Secretary of Commerce and Labor is hereby directed to furnish sufficient quarters for the work of this bureau at an annual rental not to exceed two thousand dollars. (37 Stat. 80.) See notes to section 1 of this act, ante, § 964. (531) TITLE XII C THE JUDICIAL CODE The Judicial Code was enacted by Act March 3, 1911, c. 231, 36 Stat. 1087, entitled, "An act to codify, revise, and amend the laws relating to the judiciary," the enacting clause of which was as follows: "Be it enacted," etc., "That the laws relating to the judiciary be, and they hereby are, codified, revised, and amended, with title, chapters, headnotes, and sections, entitled, numbered, and to read as follows:" Said act took effect Jan. 1, 1912, by section 301 thereof, post, § 1278. This Title of this compilation includes, besides said Judicial Code and the specific amendments thereof incorporated in the several sections, etc., amended, all subsequent provisions relating to subjects embraced in the Code, each such provision inserted in connection with the provisions of the Code of the same nature. Many sections of Title XIII of the Revised Statutes, "The Judiciary," and subsequent acts and parts of acts relating to the subjects thereof, were incorporated in the Judicial Code and repealed or superseded thereby. Such repeals, etc., are indicated specifically, post, under the several chapters of said Title XIII affected thereby. Acts and parts of acts subsequent to the Revised Statutes relating to subjects included in Title XIII thereof but not within the scope of the Judicial Code, which remain in force, are set forth, post, under the several chapters of said Title XIII. 4. District Courts-Miscellaneous Provisions 5. District Courts-Districts, and Provisions Applicable to Particular States 1022 1051 § 968. (Jud. Code, § 1, as amended, Act July 30, 1914, c. 216.) District courts established; appointment and residence of judges. In each of the districts described in chapter five there shall be a court called a district court, for which there shall be appointed one judge, to be called a district judge, except that in the northern district of California, the southern district of California, the northern district of Illinois, the district of Minnesota, the district of Nebraska, the district of New Jersey, the eastern district of New York, the northern and southern districts of Ohio, the district of Oregon, the eastern and western districts of Pennsylvania, and the western district of Washington, there shall be an additional district judge in each, and in the southern district of New York three additional district judges: Provided, That there shall be one judge for the eastern and western districts of South Carolina, one judge for the eastern and middle districts of Tennessee, and one judge for the northern and southern districts of Mississippi: Provided further, That the district judge for the middle district of Alabama shall continue as heretofore to be a district judge for the northern district thereof. Every district judge shall reside in the district or one of the districts for which he is appointed, and for offending against this provision shall be deemed guilty of a high misde meanor. R. S. §§ 551, 552. Act Aug. 2, 1886, c. 842, 24 Stat. 213. Act Dec. 19, 1900, c. 3, 31 Stat. 726. Act Feb. 4, 1903, c. 402, 32 Stat. 795. Act Feb. 9, 1903, c. 527, 32 Stat. 805. Act April 1, 1904, c. 857, 33 Stat. 155. Act March 3, 1905, c. 1418, 33 Stat. 987. Act March 3, 1905, c. 1427, § 2, 33 Stat. 993. Act May 26, 1906, c. 2557, 34 Stat. 202. Act Feb. 25, 1907, c. 1189, 34 Stat. 928. Act Feb. 25, 1907, c. 1198, 34 Stat. 931. Act Feb. 27, 1907, c. 2073, 34 Stat. 997. Act March 2, 1907, c. 2575, 34 Stat. 1253. Act Feb. 26, 1909, c. 215, 35 Stat. 656. Act March 2, 1909, c. 242, 35 Stat 685. Act March 2, 1909, c. 243, 35 Stat. 686. Act Feb. 24, 1910, c. 56, 36 Stat. 201. Act Feb. 24, 1910, c. 57, 36 Stat. 202. Act June 25, 1910, c. 410, 36 Stat. 838. Act March 3, 1911, c. 231, § 1, 36 Stat. 1087. Act July 30, 1914, c. 216, 38 Stat. 580. This section, as enacted in the Judicial Code, was amended by Act July 30, 1914, c. 216, to read as set forth above. Said amendment was in the addition, after the words "northern district of California," of the words "the southern district of California," and in the omission, after the words "northern district of Illinois," of the words "the district of Maryland," and in the omission, after the words "three additional district judges," of the words, "provided, that whenever a vacancy shall occur in the office of the district judge for the district of Maryland, senior in commission, such vacancy shall not be filled, and thereafter there shall be but one district judge in said district." Additional district judges were authorized as follows: One for the eastern |