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ments of residence within the United States and within the county.68 (45 Stat. 1514; 8 U.S. C. 392.)

ALIENS SERVING IN MILITARY OR NAVAL SERVICE OF UNITED STATES DURING WORLD WAR; NO DECLARATION OF INTENTION REQUIRED; PROOF OF RESIDENCE

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

* Sec. 3, Act of July 30, 1937 (50 Stat. 548-549; 8 U. 8. C. 388), repealed by sec. 604, Nationality Act of 1940 (54 Stat. 1173; 8 U. 8. C. 904). This part of the original sub division originally read as follows in sec. 1, Act of May 9, 1918, p. 512 :

"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 hereafter 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 allen, or any Porto Rican not a citizen of the United States, of the age of twenty-one years and upward, 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 Coast 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 ishing vessels of the United States of more than twenty tons burden, and while still in the service on a reenlistment or reappointment, or within six months after an honorable discharge or separation therefrom, or wbile on furlough to the Army Reserve or Regular Army Reserve after bonorable 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 by the representative of the Bureau of Naturalization, in accordance with the requirements of this subdivision it is shown that such residence can not be established ;

This subdivision was subsequently amended by sec. 6 (c) and (d), Act of March 2, 1929 (45 Stat. 1514; 8 U. S. c. 388), effective July 1, 1929, p. 536. Following this amendment the foregoing provisions read as follows:

"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 hereafter 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 upward, who bas 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 Coast Guard, or who has served for three years on board of any vessel of the United States Government, or for three years on board vessels of more than twenty tons burden, whether or not documented under the laws of the United States, and whether public or private, which are not foreign vessels, and while still in the service on a reenlistment 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 and may be naturalized without complying with the requirements of residence within the United States and within the county."

This subdivision was subsequently amended by sec. 2, Act of May 25, 1932 (47 Stat 165; 8 U. 8. C. 388), p. 545, and until July 30, 1937, the foregoing provisions thereof read as follows:

"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 hereafter 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 upward. who has enlisted or entered or may here after enlist in or enter the armies of the United States, elther the Regular or the Volunteer Forces, or the National Army, or in the United States Navy or Marine Corps. or in the United States Coast Guard, or who has served for three years on board of any vessel of the United States Government, or for three years on board vessels of more than twenty tons burden, whether or not documented under the laws of the United States, and whether public or private, which are not foreign vessels, and while still in the service on a reenlistment 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 and may be naturalized without complying with the requirements of residence within the United States and within the county."

five years' residence within the United States; (40 Stat. 542; 8 U.S. C. 392.) 5°

60

(ALIEN DECLARANTS HONORABLY DISCHARGED FROM ARMY, NAVY, OR PHILIPPINE CONSTABULARY SUBSEQUENTLY ACCEPTED CONDITIONALLY IN MILITARY OR NAVAL SERVICE; IN THESE CASES ONLY, RESIDENCE IN PHILIPPINE ISLANDS AND PANAMA CANAL ZONE CONSIDERED RESIDENCE

WITHIN UNITED STATES) 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, by 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; (40 Stat. 542–543; 8 U. S. C. 389.) (PROCEDURE AS TO CERTAIN ALIENS OR PERSONS OWING PERMANENT ALLEGIANCE TO THE UNITED STATES; JURISDICTION OF COURTS; ADMINISTRATIVE EXAMINATION; EVIDENCE OF RESIDENCE AND CHARACTER, CERTIFI

CATE OF ARRIVAL] 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 Immigration and Naturalization Service 61 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 Government from the Immigration and Naturalization Service 61 and made a part of the record at the original and any subsequent hearings; 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 duly authorized officer, or by the masters of said vessels, shall be deemed prima 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 named 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; (40 Stat. 543; 8 U.S. C. 393.) 62

** Sec. 1. Act of May 9, 1918, repealed by sec, 504, Nationality Act of 1940 (54 Stat. 1173), effective January 13, 1941, but see secs. 324 and 325 at pp. 372–374 for provisions in that Act on the same general subject. For extensions of these exemptions by subsequent Acts see footnote 92 under Act of May 9, 1918, p. 513.

* See footnote 59 on this page.

01 Prior to June 10, 1933, when Executive Order 6168, sec. 14 (5 U. S. C. following ch. 1) consolidated the Bureaus of Immigration and of Naturalization of the Department of Labor into one bureau named the Immigration and Naturalization Service, the words "Immigration and Naturalization Service” read “Bureau of Naturalization." See also footnote 25, p. 462.

(HEARING OF CERTAIN PETITIONS IMMEDIATELY AND WITHIN 30 DAYS

PRECEDING ANY ELECTIONJ and any petition for naturalization filed under the provisions of this subdivision may be heard immediately, notwithstanding the law prohibits the hearing of a petition for naturalization during thirty days preceding any election in the jurisdiction of the court. (40 Stat. 543; 8 U. S. c. 394.) 63

[ALIENS IN MILITARY SERVICE OF UNITED STATES ON MAY 9, 1918, FILING "OVERSEAS PETITIONS”; EVIDENCE TO BE FILED IN COURT BY REPRESENTATIVE OF IMMIGRATION AND NATURALIZATION SERVICE) Any alien who, at the time of the passage of this Act [of May 9, 1918), 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. 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 have resided within the United States. 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 oath of allegiance, may be taken in accordance with the terms of section seventeen hundred and fifty of the Revised Statutes of the United States after notice from and under regulations of the Immigration and Naturalization Service.61 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 Government from the Immigration and Naturalization Service 61 at the hearing as provided by section eleven of the Act of June twenty-ninth, nineteen hundred and six. (40 Stat. 543; 8 U.S. C. 390.) 63

PETITIONS FOR CITIZENSHIP MADE OUTSIDE THE UNITED STATES DECLARED

INVALID ON AND AFTER MAY 25, 1932 [All petitions for citizenship made outside the United States in accordance with the seventh subdivision of section 4 of the Naturali. zation Act of June 29, 1906, as amended, upon which naturalization has not been heretofore granted, are hereby declared to be invalid for all purposes. (47 Stat. 165; 8 U.S. C. 392b.) 64]

For footnote 61 see page 474.

09 Sec. 1, Act of May 9, 1918, repealed by sec. 504, Nationality Act of 1940 (54 Stat. 1173), effective January 13, 1941.

63 Sec. 1, Act of May 9, 1918, repealed by sec. 504, Nationality Act of 1940 (54 Stat. 1173; 8 U. S. C. 904), effective January 13, 1941, * Sec. 1 (b), Act of May 25, 1932, p. 544.

568700_44_21

ADMINISTRATION OP OATHS BY MEMBERS OF MMIGRATION AND

NATURALIZATION SERVICE Members of the Immigration and Naturalization Service may be designated by the Attorney General" to administer oaths relating to the administration of the naturalization law; (40 Stat. 544; 8 U.S. C. 354.87

(DUTY OP COMMISSIONER OR DEPUTY COMMISSIONER OP IMMIGRATION AND NATURALIZATION TO INSTITUTE PROCEEDINGS TO CANCEL CERTIFICATES OF CITIZENSHIP FRAUDULENTLY OR ILLEGALLY PROCURED; REQUIREMENT OP NOTICE TO TAKE DEPOSITIONS TO UNITED STATES ATTORNEYS RE

PEALED) 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 Immigration and Naturalization. (40 Stat. 544; 8 U.S. C. 405.) ® SERVICE BY ALIENS ON VESSELS OF FOREIGN REGISTRY NOT RESIDENCE FOR

NATURALIZATION PURPOSES Provided further, That service by aliens upon vessels other than of American registry, whether continuous or broken, shall not be considered as residence for naturalization purposes within the jurisdiction of the United States, and such aliens cannot secure residence for naturalization purposes during service upon vessels of foreign registry; except that this proviso shall not apply in the case of service on American-owned vessels by an alien who has been lawfully admitted to the United States for permanent residence. (40 Stat. 544, as amended by 47 Stat. 165; 8 U. S. C. 384.) 70

NATURALIZATION FEES WHEN UNITED STATES AT WAR 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 the 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 Immigration and Naturalization Service in the manner provided by section thirteen of the Act of June twenty-ninth, nineteen hundred and six. (40 Stat. 544; 8 U.S. C. 403.)**

See footnote 61, p. 474.

See footpote 63, p. 470. 67 Sec. 1, Act of May 9, 1918, repealed effective January 13, 1941, by sec. 504, Nationality Act of 1940 (54 štat. 1173; 8 U. 8. C. 904), but see sec. 327 (e) at p. 376 for similar provision in that Act.

* Prior to its repeal by Act of May, 25. 1926 (44 Stat. 682), there appeared in this subdivision preceding the words "Provided further, the following proviso:

"Provided, 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 preceding the day of holding of any election within the jurisdiction of the court."

Sec. 1. Act of May 9, 1918, repealed by sec. 504, Nationality Act of 1940 (64 Stat. 1173). effective January 13, 1941.

Prior to June 10. 1933, the words "Commissioner or Deputy Commissioner of Immigration and Naturalization" read "Commissioner or Deputy Commissioner of Naturalization.". For discussion of Executive Order 6166, June 10. 1933, sec. 14 (5 U. S. C., following ch. 1), consolidating the Bureaug of Immigration and of Naturalization of the Department of Labor, see footnote 25, p. 462.

** Sec. 1, Act of May 9, 1918, as amended by sec. 3, Act of May 25, 1932, repealed effective January 13. 1941, by sec. 504, Nationality Act of 1940 (54 Stat. 1173 ; 8 U. 3. C. 904), but see sec. 307 (d) (2) at p. 362 of that Act for provisions regarding Seamen. Prior to its amendment this proviso read as follows in sec. 1, Act of May 9, 1018 (40 Stat. 844 ; 8 U. $. C. 384):

"Provided further, that service by allens upon vessels other than of American registry, whether continuous or broken, shall not be considered as residence for naturalization purposes within the jurisdiction of the United States, and such allens can not secure residence for naturalization purposes during service upon vessels of foreign registry.* For footnote 69 see p. 476. ti See footnote 61, p. 474. * Sec. 1, Act of May 9. 1918, repealed effective January 13, 1941, by sec. 504, Nationality Act of 1940 (64 Stat. 1173 ; 8 U. S. C. 904), but sea sec. 701 of that Act as amended by sec. 1001. Act of March 27, 1942, at p. 412.

ALIEN SEAMEN-PROTECTED AS CITIZENS Eighth." [Repealed by Act of June 15, 1935, 49 Stat. 376.] CITIZENSHIP-TRAINING WORK-TEXTBOOK FOR CANDIDATES FOR CITIZENSHIP

Ninth." That for the purpose of carrying on the work of the Immigration and Naturalization Services of sending the names of the candidates for citizenship to the public schools and otherwise promoting instruction and training in citizenship responsibilities of applicants for naturalization, as provided in this subdivision, authority is hereby given for the reimbursement of the printing and binding appropriation of the Department of Justice + upon the records of the Treasury Department from the naturalization fees deposited in the Treasury through the Immigration and Naturalization Service for the cost of publishing the citizenship textbook prepared and to be distributed by the Immigration and Naturalization Service ~ to those candidates for citizenship only who are in attendance upon the public schools, such reimbursement to be made upon statements by the Commissioner of Immigration and Naturalization of books actually delivered to such student candidates for citizenship, and a monthly naturalization bulletin, and in this duty to secure the aid of and cooperate with the official State and national organizations, including those concerned with vocational education and including personal services in the District of Columbia, and to aid the local Army exemption boards and cooperate with the War Department in locating declarants subject to the Army draft and expenses incidental thereto. (40 Stat. 644 545; 8 U.S. C. 387.) 76

PERSONS MISINFORMED AS TO CITIZENSHIP STATUS Tenth.” That any person not an alien enemy, who resided uninterruptedly within the United States during the period of five years next preceding July 1, 1920, and was on that date otherwise qualified to become a citizen of the United States, except that he had not made the declaration of intention required by law and who during or prior to that time, because of misinformation regarding his citizenship status erroneously exercised the rights and performed the duties of a citizen of the United States in good faith,

11 For context of this subdivision see lootnote 85, p. 479.

71 This subdivision was added to sec. 4. Act of June 29, 1906, by sec. 1, Act of May 9. 1918 (40 Stat. 544-545), n. 515.

** See footnote 40, p. 468.

7o Bec. 1. Act of May 9, 1918. This subdivision was repealed by sec. 504, Nationality Act of 1940 (54 Stat. 1173; 8 U. S. C. 904), effective January 18, 1941, but see provision in that Act. Becs. 327 (c). p. 375, and 344, p. 393.

# This subdivision was added to sec. 4, Act of June 29, 1906, by sec. 1, Act of May 1918 (40 Stat. 648; 8 U. 8. C. 377), p. 515.

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