United States.

Compiled statutes of the United States, 1913 : embracing the statutes of the United States of a general and permanent nature in force December 31, 1913, incorporating under the headings of the revised statutes the subsequent laws, together with explanatory and historical notes online

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Online LibraryUnited StatesCompiled statutes of the United States, 1913 : embracing the statutes of the United States of a general and permanent nature in force December 31, 1913, incorporating under the headings of the revised statutes the subsequent laws, together with explanatory and historical notes → online text (page 78 of 150)
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alien, the date and place of his arrival in the United States, and the
date, as nearly as may be, for the final hearing of his petition, and the
names of the witnesses whom the applicant expects to simimon in his
behalf; and the clerk shall, if the applicant requests it, issue a subpoena
for the witnesses so named by the said applicant to appear upon the
day set for the final hearing, but in case such witnesses can not be pro-
(1774)



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Tit. 30) NATURALIZATION § 4355

duced upon the final hearing other witnesses may be summoned.
(34 Stat. 598.)

See notes to section 3 of this act, ante, i 486L

§ 4354. (Act June 29, 1906, c. 3592, § 6.) Time for ffling petition
and for final action thereon; change of name of alien on his
naturalization.
Petitions for naturalization may be made and filed during term
time or vacation of the court and shall be docketed the same day
as filed, but final action thereon shall be had only on stated days, to be
fixed by rule of the court, and in no case shall final action be had upon
a petition until at least ninety days have elapsed after filing and post-
ing the notice of such petition: Provided, That no person shall be
naturalized nor shall any certificate of naturalization be issued by any
court within thirty days preceding the holding of any general election
within its territorial jurisdiction. It shall be lawful, at the time and
as a part of the naturalization of any alien, for the court, in its discre-
tion, upon the petition of such alien, to make a decree changing the
name of said alien, and his certificate of naturalization shall be issued
to him in accordance therewith. (34 Stat. 598.)
See note to section 3 of this act, ante, § 4351.

(R. S. § 2165. Repealed.)

This section designated the courts which had jurisdiction to admit aliens to
citizenship, and prescribed the procedure for the naturalization of aliens in
general and particular procedure for those who resided in the United States
prior to January 29, 1795, and those who resided therein between June 18,
1798 and June 18, 1812. It was repealed by Act June 29, 1906, c. 3592, { 26,
post, f 4381, and different provisions concerning the jurisdiction of courts and
the procedure for naturalization of all aliens were made by §§ 3-14 of that act,
a!hte, §S 4351-4354, and post, §§ 4363-4373.

This section was amended by Act Feb. 1, 1876, c. 5, which provided that
the declaration of intention to become a citizen might be made before the
clerk of any court named in that section, and by validating declarations there-
tofore made before such clerks. That act became inoperative by the repeal of
R. S. § 2165, by Act June 29, 1906, c. 3592, § 26, post, § 4381.

§ 4355. (R. S. § 2166.) Aliens honorably discharged from mili-
tary service.
Any 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 the 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
more than one year's residence within the United States previous
to his application to become such citizen; and the court admitting
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 States.

Act July 17, 1862, c. 200, § 21, 12 Stat. 597.

Provisions for naturalization, without previous declaration of intention, of
aliens honorably discharged from the Navy or the Marine Corps, were made
by Act July 26, 1894, c 163, post, f 4356*

(1775)



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§ 4356 NATURALIZATION (Tit 30

§ 4356. (Act July 26, 1894, c. 165.) Aliens honorably discharged
from service in Navy or Marine Corps.
Any alien of the age of twenty-one years and upward who has
enlisted or may enlist in the United States Navy or Marine Corps,
and has served or may hereafter serve five consecutive years in
the United States Navy or one enlistment in the United States
Marine Corps, and has been or may hereafter be honorably dischar-
ged, shall be admitted to become a citizen of the United States upon
his petition, without any previous declaration of his intention to be-
come such; and the court admitting such alien shall, in addition to
proof of good moral character, be satisfied by competent proof of
such person's service in and honorable discharge from the United
States Navy or Marine Corps. (28 Stat. 124.)

This was a provision of the naval appropriation act for the fiscal year 1895,
cited above.

At the time this provision was enacted, the term of enlistment in the Navy
was fixed at 5 years by R. S. § 1418, as amended by Act May 12, 1879, c. 5.
Since then the term of enlistment was reduced to 4 years by Act March 3,
1899. c. 413, § 16. ante, § 2576.

The term of enlistment in the Marine Corps was fixed at not less than 4
years by Act March 3, 1901. c 852, ante, § 2821.

(R. S. § 2167. Repealed.)
This section provided for the naturalization of an alien who had resided in
the United States 3 years next preceding his arriving at the age of 21 years,
without having previously made a declaration of intention. It was repealed by
Act June 29, 1906, c 3592, S 26. post. § 4381.

(R. S. § 2168. Repealed.)

This section provided for the naturalization of the widow and children of
an alien, who died after making a declaration of intention, but before natural-
ization. It was repealed by Act June 29, 1906, c. 3592, § 26, post, § 4381, and
a somewhat similar provision was made by section 4, subsec. 6, of that act,
ante, S 4352 (6).

§ 4357. (R. S. § 2174.) Naturalization of seamen.

Every seaman, being a foreigner, who declares his intention of
becoming a citizen of the United States in any competent court, and
shall have served three years on board of a merchant-vessel of the
United States subsequent to the date of such declaration, may, on his
application to any competent court, and the production of his certifi-
cate of discharge and good conduct during that time, together with
the certificate of his declaration of intention to become a citizen, be
admitted a citizen of the United States ; and every seaman, being a
foreigner, shall, after his declaration of intention to become a citizen
of the United States, and after he shall have served such three years,
be deemed a citizen of the United States for the purpose of manning
and serving on board any merchant-vessel of the United States, any-
thing to the contrary in any act of Congress notwithstanding; but
such seaman shall, for all purposes of protection as an American
citizen, be deemed such, after the fihng of his declaration of intention
to become such citizen.

Act Jvne 7, 1872, c. 322. § 29, 17 Stat 26a

(1776)



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Tit 30) NATURALIZATION § 4361

§ 4358. (R. S. § 2169, as amended, Act Feb. 18, 1875, c. 80, § 1.)
Aliens of African nativity and descent.
The provisions of this Title shall apply to aliens being free white
persons, and to aliens of African nativity and to persons of African
descent.

Act July 14, 1870, c. 264, { 7, 16 Stat. 266. Act Feb. 18, 1875, c. 80,
i 1, 18 Stat 318.

This section was amended by Act Feb. 18, 1875, c. 80, cited above, by
inserting after the words "The provisions of this Title shall apply to aliens"
the words "being free white persons, and to aliens," as set forth here.

§ 4359. (Act May 6, 1882, c. 126, § 14.) Chinese not to be natural-
ized.

Hereafter no State court or court of the United States shall
admit Chinese to citizenship; and all laws in conflict with this act
are hereby repealed. (22 Stat. 61.)

§ 4360. (R. S. § 2170.) Residence of five years in United States.

No alien shall be admitted to become a citizen who has not for
the continued term of five years next preceding his admission resided
within the United States.

Act March 3, 1813, c. 42, { 12, 2 Stat 811.

§ 4361. (Act April 30, 1900, c. 339, § 100, as amended. Act May
27, 1910, c. 258, § 9.) Residence in Hawaiian Islands equiva-
lent to residence in United States.

For the purposes of naturalization under the laws of the United
States residence in the Hawaiian Islands prior to the taking ef-
fect of this Act shall be deemed equivalent to residence in the
United States and in the Territory of Hawaii, and the requirement
of a previous declaration of intention to become a citizen of the
United States and to renounce former allegiance shall not apply
to persons who have resided in said islands at least five years
prior to the taking effect of this Act; but all other provisions of
the laws of the United States relating to naturalization shall, so
far as applicable, apply to persons in the said islands.

All records relating to naturalization, all declarations of inten-
tion to become citizens of the United States, and all certificates
of naturalization filed, recorded, or issued prior to the taking ef-
fect of the naturalization Act of June twenty-ninth, nineteen hun-
dred and six, in or from any circuit court of the Territory of
Hawaii, shall for all purposes be deemed to be and to have been
made, filed, recorded, or issued by a court with jurisdiction to
naturalize aliens, but shall not be by this Act further validated or
legalized. (31 Stat. 161. 36 Stat. 448.)

This section was part of the act to organize the Territory of Hawaii, cited
above.

This section, as originally enacted, contained only the first paragraph set
forth here, relating to naturalization of residents in the Hawaiian Islands.
The further paragraph, in regard to records relating to naturalization, etc.,
was added by amendment by Act May 27, 1910, c 258, f 9, last cited above.

Comp.St.*13-112 (1777)



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§ 4862 NATURALIZATION (Tft 30

§ 4362. (R. S. § 2171.) Alien enemies not admitted.
No alien who is a native citizen or subject, or a denizen of any

country, state, or sovereignty with which the United States are at

war, at the time of his application, shall be then admitted to become

a citizen of the United States.

Act AprU 14, 1802, c 28, | 1, 2 Stot 108. Act July 80, 1818, e. 86, 8
Stat 53.

This section, as enacted in the Revised Statutes, contained a fortber pro-
Tision that persons resident within the United States or its territories on
Jane 18, 1812, who had before that day made declaration of intention to be-
come citizens, or who were entitled to become citisens without such dedara-
tion, might be naturalised notwithstanding they were alien enemies at the
time, and also a provision that nothing in the act should be construed to pre-
vent the removal, agreeably to law, of any alien enemy at any time previous
to his naturalization. These provisions are omitted as obsolete.

§ 4363. (Act June 29, 1906, c. 3592, § 7.) Persons disbeUeving or
opposed to organized government, etc., or advocating, etc,
the unlawful assaulting or killing of officers of government, or
polygamists, not to be naturalized

No person who disbelieves in or who is opposed to organized
government, or who is a member of or affiliated with any organiza-
tion entertaining and teaching such disbelief in or opposition to
organized government, or who advocates or teaches the duty, ne-
cessity, or propriety of the unlawful assaulting or killing of any
officer or officers, either of specific individuals or of officers generally,
of the Government of the United States, or of any other organized
government, because of his or their official character, or who is a
polygamist, shall be naturalized or be made a citizen of the United
States. (34 Sut. 598.)

See notes to section 3 of this act, ante, | 4351.

PreTlous provisions similar to those of this section were contained in Act
March 3, 1903, c 1012, { 39, 32 Stat. 1222, repealed by secUon 26 of this
act, post, { 4381.

Persons sach as those described in and exdaded from naturalisation by
this section, other than polygamists, are not to be permitted to enter the
United States, and aiding or assisting any such person unlawfully to do ao
was made punishable by Act Feb. 20, 1907, c. 1134, | 38, ante, { 4287.

§ 4364. (Act June 29, 1906, c. 3592, § 8.) Persons who cannot
speak English language not to be naturalized; phsrsical in-
ability; prior declarations of intention; aliens making home-
stead entries on public lands.

No alien shall hereafter be naturalized or admitted as a citizen
of the United States who can not speak the English language:
Provided, That this requirement shall not apply to aliens who are
physically unable to comply therewith, if they are otherwise qualified
to become citizens of the United States : And provided further. That
the requirements of this section shall not apply to any alien who has
prior to the passage of this Act declared his intention to become a citi-
zen of the United States in conformity with the law in force at the
date of making such declaration : Provided further, That the require-
ments of section eight shall not apply to aliens who shall hereafter
declare their intention to become citizens and who shall make home-
(1778)



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Tit. 30) NATURALIZATION § 4367

stead entries upon the public lands of the United States and comply
in all respects with the laws providing for homestead entries on such
lands. (34 Stat. 599.)

See note to section S of this act, ante, i 4351.

§ 4365. (Act Feb. 24, 1911, c. 151.) Naturalization of wife making
hcHnestead entry and minor children of aliens becoming insane
after declaration of intention before being actually naturalized.
When any alien, who has declared his intention to become a
citizen of the United States, becomes insane before he is actually
naturalized, and his wife shall thereafter make a homestead entry
under the land laws of the United States, she and their minor chil-
dren may, by complying with the other provisions of the naturali-
zation laws be naturalized without making any declaration of in-
tention. (36 Stat. 929.)

This was an act entitled "An act providing for the naturaliza^tion of the
wife and minor children of insane aliens, making homestead entries under
the land laws of the United States."

A similar provision in case of death of an alien after declaration of inten-
tion was made hy Act June 29, 1906, c 8592, § 4, subd. 6, ante, § 4352 (6).

§ 4366. (Act June 29, 1906, c. 3592, § 30.) Naturalization of per-
sons not citizens who owe permanent allegiance to United
States.
All the applicable provisions of the naturalization laws of the
United States shall apply to and be held to authorize the admis-
sion to citizenship of all persons not citizens who owe permanent
allegiance to the United States, and who may become residents of any
State or organized Territory of the United States, with the following
modifications: The applicant shall not be required to renounce alle-
giance to any foreign sovereignty; he shall make his declaration of
intention to become a citizen of the United States at least two years
prior to his admission; and residence within the jurisdiction of the
United States, owing such permanent allegiance, shall be regarded as
residence within the United States within the meaning of the five
years* residence clause of the existing law. (34 Stat. 606.)

See notes to section 3 of this act, ante, | 4361.

Rev. St { 2170, ante, i 4860, forbids naturalisation of an alien 'Vho has
not for the continued term of five years next preceding his admission resided
within the United States."

§ 4367. (R. S. § 2172.) Children of persons naturalized under cer-
tain laws to be citizens.

The children of persons who have been duly naturalized under any
law of the United States, or who, previous to the passing of any law
on that subject, by the Government of the United States, may have
become citizens of any one of the States, under the laws thereof,
being under the age of twenty-one years at the time of the naturaliza-
tion of their parents, shall, if dwelling in the United States, be con-
sidered as citizens thereof ; and the children of persons who now are,
or have been, citizens of the United States, shall, though born out of

(1779)



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§ 4367 NATURALIZATION (Tit 30

the limits and jurisdiction of the United States, be considered as
citizens thereof.

Act AprU 14, 1802, c 28, { 4, 2 Stat. 155.

The provisions of the first clause of this section, in so far as they apply
to children of aliens bom outside the United States, were superseded by some-
what similar provisions applicable to such children, of Act March 2, 1907,
c 2534, I 5, ante, f 4353.

Provisions somewhat similar to those of this section, relating to the child n^n
of citizens bom outside of the United States, were made by R. S. i lfil)3.
ante, S 3948; "but such children who continue to reside outside the United
States, in order to receive the prote<'tion of the Government, were require<l,
upon attaining the age of 18 years, to record at an American consulate their
intention to become residents and remain citizens of the United States, and,
upon attaining their majority, to take the oath of allegiance to the United
States, by Act March 2, 11)07, c 2534, i 6, ante, { 39G3.

The last clause of this section provided that no person proscribed by any
State or legally convicted of having joined the army of Great Britain during
the Revolutionary War should be admitted to become a citizen without the
consent of the legislature of the State in which such person was proscribed.
It is omitted as obsolete.

(R. S. § 2173. Repealed.)

This section provided that the police court of the District of Columbia

should have no power to naturalize foreigners. It was repealed by Act June

29, 1906, c 3592, f 26, post, i 4381. The couru which should have juri»-

diction to naturalize aliens were specified in section 3 of that act, ante, f 435L

§ 4368. (Act June 29, 1906, c. 3592, § 9.) Final hearing on peti-
tion in open court; record of final order; examination of ap-
plicant and witnesses.
Every final hearing upon such petition shall be had in open court
before a judge or judges thereof, and every final order which may
be made upon such petition shall be under the hand of the court
and entered in full upon a record kept for that purpose, and upon
such final hearing of such petition the applicant and witnesses
shall be examined under oath before the court and in the presence
of the court. (34 Sut. 599.)

See notes to section 3 of this act, ants, | 4351.

§ 4369. (Act June 29, 1906, c. 3592, § 10.) Evidence of residence

in petition and at hearing.
In case the petitioner has not resided in the State, Territory, or
district for a period of five years continuously and immediately
preceding the filing of his petition he may establish by two wit-
nesses, both in his petition and at the hearing, the time of his resi-
dence within the State, provided that it has been for more than one
year, and the remaining portion of his five years' residence within
the United States required by law to be established may be proved
by the depositions of two or more witnesses who are citizens of the
United States, upon notice to the Bureau of Immigration and Nat-
uralization and the United States attorney for the district in which
said witnesses may reside. (34 Stat. 599.)

See notes to section 8 of this act, ante, { 4851.

§ 4370. (Act June 29, 1906, c. 3592, § 11.) Appearance by United
States and proceedings in opposition to granting of petition.
The United States shall have the right to appear before any
(1780)



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Tit. 30) NATURALIZATION § 4371

court or courts exercising jurisdiction in naturalization proceed-
ings for the purpose of cross-examining the petitioner and the wit-
nesses produced in support of his petition concerning any matter
touching or in any way affecting his right to admission to citi-
zenship, and shall have the right to call witnesses, produce evi-
dence, and be heard in opposition to the granting of any petition
in naturalization proceedings. (34 Stat. 599.)
See notes to section 3 of this act, ante, § 4351.

§ 4371. (Act June 29, 1906, c. 3592, § 12.) Duties of clerks of
courts; duplicates, etc., of declarations, certificates, petitions,
etc. ; penalty for failure to comply with provisions ; responsi-
bility for blank certificates of citizenship.

It is hereby made the duty of the clerk of each and every court
exercising jurisdiction ^in naturalization matters under the pro-
visions of this Act to keep and file a duplicate of each declaration
of intention made before him and to send to the Bureau of [Immi-
gration and] Naturalization at Washington, within thirty days aft-
er the issuance of a certificate of citizenship, a duplicate of such
certificate, and to make and keep on file in his office a stub for each
certificate so issued by him, whereon shall be entered a memoran-
dum of all the essential facts set forth in such certificate. It shall
also be the duty of the clerk of each of said courts to report to the
said Bureau, within thirty days after the final hearing and de-
cision of the court, the name of each and every alien who shall be
denied naturalization, and to furnish to said Bureau duplicates of
all petitions within thirty days after the filing of the same, and
certified copies of such other proceedings and orders instituted in
or issued out of said court affecting or relating to the naturaliza-
tion of aliens as may be required from tfme to time by the said
Bureau.

In case any such clerk or officer acting under his direction shall
refuse or neglect to comply with any of ti^e foregoing provisions he
shall forfeit and pay to the United States the sum of twenty-five dollars
in each and every case in which such violation or omission occurs, and
the amount of such forfeiture may be recovered by the United States
in an action of debt against such clerk.

Clerks of courts having and exercising jurisdiction in naturalization
matters shall be responsible for all blank certificates of citizenship
received by them from time to time from the Bureau of [Immigra-
tion and] Naturalization, and shall account for the same to the said
Bureau whenever required so to do by such Bureau. No certifi-
cate of citizenship received by any such clerk which may be de-
faced or injured in such manner as to prevent its use as herein
provided shall in any case be destroyed, but such certificate shall
be returned to the said Bureau ; and in case any such clerk shall
fail to return or properly .account for any certificate furnished by
the said Bureau, as herein provided, he shall be liable to the United
States in the sum of fifty dollars, to be recovered in an action of

(1781)



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§ 4371 NATURALIZATION (Tit 30

debt, for each and every certificate not properly accounted for or
returned. (34 Stat. 599.)

See notes to section 3 of this act, ante, f 480L

The words ''Immigration and/' inclosed in brackets where tbey ooeiir
twice in this section were superseded by the division of the Bareaa of I mini-
i:ration and Naturalization, theretofore in the Department of Commerce and
Labor, into two bureaus to be known as the Bureau of Immigration and the
Bureau of Naturalisation in the Department of Labor, by the act creatiaf
the latter department. Act March 4, 1918, c 141, f 8, ante, { 834.

Possession of blank certificates of citizenship with intent unlawfully to use
the same was made punishable, by section 10 of this act, which was re-enacted
as Crim. Ck>de, § 77, post, | 10245, and was repealed by Crim. Code, { 341,
post, f 10615.

§ 4372. (Act June 29, 1906, c. 3592, § 13, as amended. Act June 25,
1910, c. 401, § 1.) Fees of clerks of courts; disposition of fees
collected ; deposit by petitioner for expenses and fees of wit-
nesses; compensation frcMn fees for additional clerical force
required

The clerk of each and every court exercising jurisdiction in nat-
uralization cases shall charge, collect, and account for the following
fees in each proceeding:

For receiving and filing a declaration of intention and issuing a
duplicate thereof, one dollar.

For making, filing, and docketing the petition of an alien for admis-
sion as a citizen of the United States and for the final hearing thereon,
two dollars ; and for entering the final order and the issuance of the
certificate of citizenship thereunder, if granted, two dollars.



Online LibraryUnited StatesCompiled statutes of the United States, 1913 : embracing the statutes of the United States of a general and permanent nature in force December 31, 1913, incorporating under the headings of the revised statutes the subsequent laws, together with explanatory and historical notes → online text (page 78 of 150)