United States and the other countries at war with Germany, held to show that he swore falsely that he absolutely and entirely renounced and abjured all allegiance and fidelity to the German government and its emperor. Schurmann v. U. S. (C. C. A. Hawaii) 264 F. 917. In suit to cancel certificate of naturalization issued to defendant on ground that, at time defendant was naturalized and during the five-year period immediately preceding, he was not attached to the principles of the Constitution of the United States or well disposed to the order and happiness of the same, and that he had been and was a member of an organization commonly called the I. W. W., evidence held to show that the I. W. W. advocated anarchy and the overthrow of established order, and to warrant the annulment of the certificate of naturalization; defendant admitting his adherence to such principles. United States v. Swelgin (D. C. Or.) 254 F. 884. To deprive a naturalized alien of citizenship, there must be full proof, and the evidence must be clear, unequivocal, and convincing. U. S. v. Sharrock (D. C. Mont.) 276 F. 30. Cited without definite application, U. S. v. Vogel (C. C. A. N. Y.) 262 F. 262; In re Guary (D. C. N. Y.) 271 F. 968. § 4375. (Act June 29, 1906, c. 3592, § 18.) Issuance of certificate contrary to law a felony. Cited without definite application, U. S. v. Olsen (D. C. Wash.) 272 F. 706. § 4381. (Act June 29, 1906, c. 3592, § 26.) Repeal. Extent of repeal.-Act June 29, 1906, expressly repealing certain sections of the Revised Statutes other than section 2169 (Comp. St. Ann. 1916, § 4358), which provides that the provisions of that title shall apply to free white persons and aliens of African nativity or descent, does not repeal sec2 SUPP. U.S.COMP. '23-85 tion 2169 by implication; there being nothing in either repugnant to the other. Takao Ozawa v. U. S., 43 S. Ct. 65, 260 U. S. 178, 67 L. Ed. -. Cited without definite application, Takao Ozawa v. U. S., 43 S. Ct. 65, 260 U. S. 178, 67 L. Ed. (1345) § 4388a. (Act March 3, 1919, c. 97, § 1.) places included. Definition of census.-The general definition of the "census" as an official enumeration of people and as a public record containing not merely a sum total, but an official list of the names of all the inhabitants, and subject to public inspection, must be considered in relation to the national census in the light of the acts of Congress authorizing the taking of the census under consideration. Holcomb v. Spikes (Tex. Civ. App.) 232 S. W. 891. Completion of census-Issuance of - bulletin.-This act did not expressly provide for the official promulgation of the results of the censuses, and did not expressly repeal Act March 6, 1902 (Comp. St. § 4414), authorizing the Director of the Census to publish and distribute bulletins and reports of the results of the various investigations by him, the issuance of a bulletin by the Director of the Census stating the Times for taking census; population of a particular county is the completion of the census as to that county. Holcomb v. Spikes (Tex. Civ. App.) 232 S. 891. Judicial notice.-The court will take judicial notice of the federal census in ascertaining the population of the inhabitants of a state, county, city, town, township, village, or other political subdivision of the state. Brown v. Reeves (Miss.) 92 So. 825; Smith v. Patterson (Tex.) 242 S. W. 749, opinion conformed to (Civ. App.) 242 S. W. 752. Census as evidence.-The last decennial census, being a federal tabulation has no force except as provided by the Constitution or laws of the state but is the best evidence of the population of a county. Commonwealth v. Walter (Pa.) 118 A. 510. Repealed statute cited without definite application, 31 Op. Atty. Gen. 467. § 4388bb. (Act March 3, 1919, c. 97, § 9.) Supervisors of census; number; appointment. Supervisors not subject to civil service. Under this act, the appointment of the supervisors is not subject to the Civil Service Act and rules. 31 Op. § 4388n. (Act March 3, 1919, c. 97, § 33.) Copies of returns for States, courts, or certain individuals. Compensation of county official as determined by census.-The compensation of a controller of a county, the population of which was less than 150,000 when elected, is fixed as of that date, the population being legally declared either of the date of the Governor's proclamation under Act July 10, 1919, of the number of inhabitants of a county or of the date of issuance by the director of the census to the county commissioners of a statement of such number as authorized by this section, not of the date when the census was to be taken. Commonwealth v. Walter (Pa.) 118 A. 510. Official notice of census.-Until the law for the taking of a national census of the authorized the announcement enumeration, no official notice of the census as such can be taken. Holcomb v. Spikes (Tex. Civ. App.) 232 S. W. 891. The fact that the Director of the Census issued a certificate stating the population of the county as shown by the census bulletin issued by him to be subject to correction, though in fact it was not thereafter corrected, does not make the bulletin incomplete as the promulgation of the census of that county or prevent oficial notice being taken of the popuation as therein stated. Id. § 4414. (Act March 6, 1902, c. 139, § 11.) Census printing office abolished. Completion of county census.—Since this act does not expressly provide for the official promulgation of the results of the censuses, and does not expressly repeal this section, the issuance of a bulletin by the Director of the Census stating the population of a particular county is the completion of the census as to that county. Holcomb v. Spikes (Tex. Civ. App.) 232 S. W. 891. § 4434e. (Act June 5, 1920, c. 263, § 1.) hides, skins, and leather. Monthly statistics of That the Director of the Census be, and he is hereby, authorized and directed to collect and publish statistics monthly concerning— (a) The quantities and classes of hides and skins, owned or stored, and the quantities and classes of such products disposed of during the preceding census month by packers, abattoirs, butchers, tanners, jobbers, dealers, wholesalers, importers, and exporters; (b) The quantities and classes of hides and skins in the process of tanning or manufacture, the quantities and amount of finished product for the preceding month; (c) The quantities and classes of leather owned or stored and manufactured during the preceding census month by tanners, jobbers, dealers, wholesalers, importers, exporters, and establishments cutting or consuming leather. (41 Stat. 1057.) This section, and the two sections next following, are an act entitled "An act authorizing and directing the Director of the Census to collect and publish monthly statistics concerning hides, skins, and leather," cited above. § 4434f. (Act June 5, 1920, c. 263, § 2.) Same; information; confidential. The information furnished by any individual establishment under the provisions of this Act shall be considered as strictly confidential and shall be used only for the statistical purposes for which it is supplied. Any employé of the Bureau of Census who, without the written authority of the Director of the Census, shall publish or communicate any information given into his possession by reason of his employment under the provisions of this Act shall be guilty of a misdemeanor and shall, upon conviction thereof, be fined not more than $1,000 or imprisoned not more than one year, or both. (41 Stat. 1057.) See note to § 4434e, ante. § 4434g. (Act June 5, 1920, c. 263, § 3.) Same; information to be furnished by owners, etc. It shall be the duty of every owner, president, or treasurer, secretary, director, or other officer or agent of any abattoir and of any packing, tanning, jobbing, dealing, wholesaling, importing, or exporting establishment where hides and skins are stored or sold, or leather is tanned, treated, finished, or stored or any establishment is engaged in the cutting of leather or in the production of boots and shoes, gloves, saddlery, harness, or other manufactures of leather goods, wherever leather is consumed, when requested by the Director of the Census or by any special agent or other employé of the Census Office acting under the instructions of said director to furnish completely and accurately to the best of his knowledge, all the information authorized to be collected by section 1 of this Act. The demand of the Director of the Census for such information shall be made in writing or by a visiting representative and if made in writing shall be forwarded by registered mail and the registry re ceipt of the Post Office Department shall be accepted as prima facie evidence of such demand. Any owner, president, treasurer, secretary, director, or other officer or agent of any establishment required to furnish information under the provisions of this Act, who under the conditions hereinbefore stated shall refuse or willfully neglect to furnish any of the information herein provided for or shall willfully give answers that are false, shall be guilty of a misdemeanor and upon conviction thereof, shall be fined not more than $1,000. (41 Stat. 1057.) See note to § 4434e, ante. (1348) Chap. TITLE XXXII-THE PUBLIC LANDS 1. Surveyors and deputy surveyors. 2. Registers and receivers Sec. 4435 .4469a 3. Land-districts-Provisions respecting particular districts .4515bb 4523 6B. Desert and arid lands, and irrigation and reclamation 7. Sale and disposal of the public lands.. 4674 4755 8. Reservation and sale of town-sites on the public lands 4786 9. Survey of the public lands 10A. Reservations and grants to states for public purposes 10B. Grants in aid of railroads and wagon roads 10c. Rights of way and other easements in public lands 10D. Grants of swamp and overflowed lands 10E. Drainage under state laws 10F. Protection of timber and depredations 10G. Unlawful inclosures or occupancy; obstructing settlement or transit 4997 10. Abandoned military reservations ... .... 11. Miscellaneous provisions relating to the public lands 5003 5013 5020 5045 5106 4803 4860 4887 4918 4958 4970 .4979a CHAPTER ONE-SURVEYORS AND DEPUTY § 4435. (R. S. § 2207.) SURVEYORS Surveyors-general; appointment. For enumeration of surveyors general, etc., with their rates of compensation, see Act May 24, 1922, c. 199, 42 Stat. 556. § 4460a. (Act May 24, 1922, c. 199.) Surveyors general; detail of clerks from and to offices. The Secretary of the Interior is authorized to detail temporarily clerks from the office of one surveyor general to another as the necessities of the service may require and to pay their actual necessary traveling expenses in going to and returning from such office. out of the appropriation for surveying the public lands. A detailed statement of traveling expenses incurred hereunder shall be made to Congress at the beginning of each regular session thereof. (42 Stat. 556.) From the Interior Department appropriation act for the year 1923, cited above. The same provision is contained in prior acts. (1349) |