the Interior under the authority of this act (Comp. St. §§ 3951, 4203), and Act June 25, 1910, determining the right to inheritance of Indian lands, is an administrative order, and a subsequent setting aside of the order is likewise administrative. Mickadiet v. Payne (App. D. C.) 269 F. 194. § 3951a. (Act Nov. 6, 1919, c. 95.) Indians serving in military or naval establishments during war with Germany. 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 a 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 tribal or other Indian property. (41 Stat. 350.) This is an act entitled "An act granting citizenship to certain Indians," cited above. § 3952. (R. S. § 1996.) Rights as citizens forfeited for desertion, etc. Eligibility of pardoned deserter.-An enlisted man who in time of peace has incurred the penalties for desertion prescribed by this section, and who has received an unconditional pardon for such offense, is eligible for reentry into the naval service. 31 Op. Atty. Gen. 225. Cited without definite application, In re Gnadt (D. C. Mo.) 269 F. 189; 30 Op. Atty, Gen. 412. § 3954. (R. S. § 1998, as amended, Act Aug. 22, 1912, c. 336, § 1.) Rights as citizens forfeited for desertion. Eligibility of pardoned deserter.An enlisted man who in time of peace has incurred the penalties for desertion, and who has received an unconditional pardon for such offense, is eli gible for reentry into the naval service. 31 Op. Atty. Gen. 225. Cited without definite application, In re Gnadt (D. C. Mo.) 269 F. 189; 30 Op. Atty. Gen. 412. § 3955. (R. S. § 1999.) Right of expatriation declared. Cited without definite application, 110; 30 Op. Atty. Gen. 412. § 3956. (R. S. § 2000.) Protection to naturalized citizens in foreign states. Cited without definite application, Ex parte Gilroy (D. C. N. Y.) 257 F. § 3957. (R. S. § 2001.) Release of citizens imprisoned by foreign governments to be demanded. Cited without definite application, Ex parte Gilroy (D. C. N. Y.) 257 F. 110. § 3958. [Repealed.] This section (Act March 2, 1907, c. 2534, § 1, 34 Stat. 1228), is repealed by Act June 4, 1920, c. 223, § 5, 41 Stat. 751. Cited without definite application, In re Siem (D. C. Mont.) 284 F. 868. § 3959. (Act March 2, 1907, c. 2534, § 2.) Expatriation of citizens; presumption as to naturalized citizens residing in foreign state. Residence working expatriation.-A naturalized citizen who returns to the country of his origin does not lose his citizenship, though he remains there in V. definitely, if his purpose be to return to the land of his adoption; the test being one of intention. Banning Penrose (D. C. Ga.) 255 F. 159. Where a native of Germany, after becoming naturalized, returned to the land of his nativity, held, that his indefinite stay did not work an expatriation so as to deprive him of his rights as an American citizen on his return. Id. Where a retired machinist. a naturalized citizen of the United States, residing in his native land by permission of the Navy Department, presents satisfactory evidence as required by this section, to the proper consular officer of the United States that he intends to return to and reside in the United States, such evidence rebuts the presumption of expatriation resulting from a residence of two years in his native country. Gay v. U. S., 57 Ct. Cl. 424. Evidence.-Under the treaty of 1868 between the United States and the North German Union, providing in effect that, if a native of one country naturalized in the other shall renew his residence in the country of his birth without intent to return, he shall be held to have renounced his naturalization, and that "the intent not to return may be held to exist when the person naturalized in the one country resides more than two years in the other country," as construed by the State Department a two-year residence in, Germany of a former German naturalized in this country is only prima facie evidence of abandonment of his American citizenship. Ex parte Gilroy (D. C. N. Y.) 257 F. 110. Under this section, the fact that a naturalized citizen of German birth, § 3960. [Repealed.] who had resided in Germany for more than two years, was unable to present satisfactory evidence and was denied a passport to return, held not conclusive on the question of citizenship, when raised in a suit to recover property seized by the Alien Property Cus. todian, brought under Trading with the Enemy Act, § 9 (Comp. St. Ann. Supp. 1919, § 31152e), but the burden of establishing his citizenship rests on the plaintiff. Sinjen v. Miller (D. C. Neb.) 281 F. 889. The residence of a naturalized citizen of German birth in Germany for more than two years prior to the war held, under the evidence, not with intent to renounce his American allegiance, nor to have effected his loss of citizenship. Id. Power of military authorities.-The purpose of this act, is to authorize the State Department to refuse to extend the protection of the Government to naturalized citizens, who, having remained in foreign country two or five years continuously, fail to satisfy the officers of the State Department that they intend to return and reside in the United States, and is not intended to authorize the Navy Deartment, or any of its officers, to declare any officer has expatriated himself, to dismiss him from the Navy, or to deprive him of his retired pay. Gay v. U. S., 57 Ct. Cl. 424. Cited without definite application, 30 Op. Atty. Gen. 412; 30 Op. Atty. Gen. 529. This section (Act March 2, 1907, c. 2534, § 3, 34 Stat. 1228, relating to the citizenship of foreign women marrying citizens) was repealed by Act Sept. 22, 1922, c. 411, § 7, 42 Stat. 1022. Said repealing section provides that "such repeal shall not restore citizenship lost under such section nor terminate citizenship resumed under such section." Notes of Decisions Wife takes political status of husband.-Under this section, an American-born woman, who becomes the wife of an Austrian subject takes the political status of her husband, and becomes a subject of Austria. Hughes v. Techt, (N. Y. Sup.) 177 N. Y. S. 420, affirm ing judgment 176 N. Y. S. 356. A inheritance. "Alien friend" daughter of a resident, and one of the sole heirs, presumptively, of any realty of which seisin was in her father at his death, though the wife of an Austrian subject, after the President's proclamtaion of war with austria DeIcember 7, 1917, and herself a subject of Austria, under this section, might inherit as an "alien friend," under Real Property Law, § 10, as amended in 1913. Hughes v. Techt (N. Y. Sup.) 176 N. Y. S. 356, judgment affirmed 177 N. Y. S. 420. Effect of treaty.-Even if a wife of an Austrian subject, taking his nationality, is an "alien enemy," within that term as defined in the Trading with the Enemy Act (U. S. Comp. St. 1916, §§ 31152a-31151⁄2j), the provisions of the treaty between the United States and the Austrian Empire, proclaimed February 25, 1850, protects her right of inheritance from her father for two years from date of descent, unless such treaty was abrogated by the declaration of war with Austrian Empire ex proprio vigore. Huges v. Techt (N. Y. Sup.) 176 N. Y. S. 356, judgment affirmed 177 N. Y. S. 420. Cited without definite application, In re Guary (D. C. N. Y.) 271 F. 968; 30 Op. Atty. Gen. 412; 30 Op. Atty. Gen. 529; 32 Op. Atty. Gen. 209. § 3961. [Repealed.] This section (Act March 2, 1907, c. 2534, § 4, 34 Stat. 1229, relating to the citizenship of American women marrying foreigners), was repealed by Act Sept. 22, 1922, c. 411, § 6, 42 Stat. 1022. Said repealing section provides that "such repeal shall not terminate citizenship acquired or retained under" this repealed section R. S. § 1994, also repealed, "nor restore citizenship lost under section 4 of the Expatriation Act of 1907," repealed as above stated. Cited without definite application, 30 Op. Atty. Gen. 529; 32 Op. Atty. § 3961a. (Act Sept. 22, 1922, c. 411, § 3.) Citizenship of women citizens of United States as affected by marriage; formal renunciation of citizenship; marriage to alien ineligible to citizenship; citizenship at termination of marriage status; effect of continuous residence outside of United States; expatriation laws not affected. A woman citizen of the United States shall not cease to be a citizen of the United States by reason of her marriage after the passage of this Act, unless she makes a formal renunciation of her citizenship before a court having jurisdiction over naturalization of aliens: Provided, That any woman citizen who marries an alien ineligible to citizenship shall cease to be a citizen of the United States. If at the termination of the marital status she is a citizen of the United States she shall retain her citizenship regardless of her residence. If during the continuance of the marital status she resides continuously for two years in a foreign State of which her husband is a citizen or subject, or for five years continuously outside the United States, she shall thereafter be subject to the same presumption as is a naturalized citizen of the United States under the second paragraph of section 2 of the Act entitled "An Act in reference to the expatriation of citizens and their protection abroad," approved March 2, 1907. Nothing herein shall be construed to repeal or amend the provisions of Revised Statutes (§) 1999 or of section 2 of the Expatriation Act of 1907 with reference to expatriation. (42 Stat. 1022.) This section is section 3 of an act entitled "An act relative to the naturalization and citizenship of married women," cited above. Sections 1, 2, 4, 5, of said act, are set forth post, §§ 4358a-4358d; section 6 repeals R. S. § 1994, and Act March 2, 1907, c. 2534, § 4; section 7 repeals Act March 2, 1907, c. 2534, § 3. See, also, post, § 3961b. Notes of Decisions When citizenship not lost by married woman. Where the marriage of an American woman to a Canadian occurred prior to Act Cong. March 2, 1907 (U. S. Comp. St. § 3960), and this act, she did not lose her American citizenship. Doyle v. Town of Diana (Sup.) 196 N. Y. S. 864. § 3961b. (Act Sept. 22, 1922, c. 411, § 7.) Status of American woman marrying foreigner upon resumption of citizenship lost by such marriage. A woman who has resumed under such section citizenship lost by marriage shall, upon the passage of this Act, have for all purposes the same citizenship status as immediately preceding her marriage. (42 Stat. 1022.) This section is a part of section 7 of Act Sept. 22, 1922, c. 411. The remainder of said section 7 repeals Act March 2, 1907, c. 2534, § 3 (see note to § 3960, ante). See, also, note to § 3961a, ante. § 3962. (Act March 2, 1907, c. 2534, § 5.) Citizenship of children, born abroad, of alien parents, by naturalization, etc., of par ent. Remarriage of mother to person becoming naturalized.-The son of alien parents, whose father died an alien, but whose mother remarried, and her hus band was naturalized during her lifetime and the son's minority, held to have thereby become a citizen. In re Graf (D. C. Md.) 277 F. 969. Cited without definite application, 30 Op. Atty. Gen. 529. § 3963. (Act March 2, 1907, c. 2534, § 6.) Citizenship of children of citizens, born abroad, and continuing to reside abroad. Children residing abroad.-Notwithstanding this section, foreign-born children of American-born Chinese fathers are entitled to enter the United States as citizens thereof, notwithstanding the fact that they continued to reside for (1248) sometime in China after reaching their majorities, without any affirmative action on their part indicating an intention to remain citizens of the United States. 30 Op. Atty. Gen. 529. TITLE XXVII-THE FREEDMEN § 3969. (Act March 3, 1879, c. 182, § 2.) Payment of claims for pay, bounty, etc., to colored soldiers, etc. Cited without definite application, Calhoun v. Massie, 40 S. Ct. 474, 253 U. S. 170, 64 L. Ed. 843. § 3978b. (Act June 26, 1912, c. 182, § 1.) Freedmen's Hospital; admission of patients; charges for. Hereafter patients may be admitted to Freedmen's Hospital for care and treatment on the payment of such reasonable charges therefor as the Secretary of the Interior shall prescribe. All moneys so collected shall be paid into the Treasury to the credit of Freedmen's Hospital, to be disbursed under the supervision of the Secretary of the Interior for subsistence, fuel and light, clothing, bedding, forage, medicine, medical and surgical supplies, surgical instruments, repairs, furniture, and other absolutely necessary expenses incident to the management of the hospital. A report as to the expenditure thereof to be made annually to Congress. (37 Stat. 172.) This section is a provision of the District of Columbia appropriation act for the year 1913, cited above. 2 SUPP. U.S.COMP. '23-79 (1249) |