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by the use or means of any false name or statement given or made with the intent to procure, or to aid in procuring, the issuance of such certificate, or knowing the same to have been fraudulently altered or antedated; or whoever, without lawful excuse, shall have in his possession any blank certificate of citizenship provided by the Immigration and Naturalization Service with the intent unlawfully to use the same; or whoever after having been admitted to be a citizen, shall, on oath or by affidavit, knowingly deny that he has been so admitted, with the intent to evade or avoid any duty or liability imposed or required by law, shall be fined not more than one thousand dollars, or imprisoned not more than five years, or both. (35 Stat. 1102–1103; 18 U. S. C. 139.) USE OF, OR ATTEMPT TO USE, FALSE CERTIFICATE OF CITIZENSHIP; PENALTY

Sec. 78.52 Whoever shall in any manner use, for the purpose of registering as a voter, or as evidence of a right to vote, or otherwise unlawfully, any order, certificate of citizenship, or certificate, judgment, or exemplification, showing any person to be admitted to be a citizen, whether heretofore or hereafter issued or made, knowing that such order, certificate, judgment, or exemplification has been unlawfully issued or made; or whoever shall unlawfully use, or attempt to use, any such order or certificate, issued to or in the name of any other person, or in a fictitious name, or the name of a deceased person, shall be fined not more than one thousand dollars, or imprisoned not more than five years, or both. (35 Stat. 1103; 18 U. S. C. 140.) USE OF FALSE CERTIFICATE OF CITIZENSHIP-FALSELY CLAIMING

CITIZENSHIP; PENALTY Sec. 79.2 Whoever shall knowingly use any certificate of naturalization heretofore or which hereafter may be granted by any court, which has been or may be procured through fraud or by false evidence, or which has been or may hereafter be issued by the clerk or any other officer of the court without any appearance and hearing of the applicant in court and without lawful authority; or whoever, for any fraudulent purpose whatever, shall falsely represent himself to be a citizen of the United States without having been duly admitted to citizenship, shall be fined not more than one thousand dollars, or imprisoned not more than two years, or both. (35 Stat. 1103; 18 U.S. C. 141.)

FALSELY SWEARING IN NATURALIZATION CASES; PENALTY Sec. 80.73 Whoever, in any proceeding under or by virtue of any law relating to the naturalization of aliens, shall knowingly swear falsely in any case where an oath is made or affidavit taken, shall be fined not more than one thousand dollars and imprisoned not more than five years. (35 Stat. 1103; 18 U.S. C. 142.)

PROVISIONS OF FIVE PRECEDING SECTIONS APPLICABLE TO ALL COURTS

WHEREIN NATURALIZATION ATTEMPTED

Sec. 81." The provisions of the five sections last preceding shall apply to all proceedings had or taken, or attempted to be had or taken, before any court in which any proceeding for naturalization may be commenced or attempted to be commenced, and whether such court was vested by law with jurisdiction in naturalization proceedings or not. (35 Stat. 1103; 18 U. S. C. 143.)

For footnote 72 see p. 501.

* Repealed by sec, 504, Nationality Act of 1940 (54 Stat, 1172; 8 U. S. C. 904), effective January 13, 1941. See Bec. 346, p. 894, of that Act for Penal Provisions.

VALIDATION OF NATURALIZATION RECORDS

(Act approved May 27, 1910) Seo. 9. That section one hundred of said Act (April 30, 1900) is hereby amended by adding thereto the following:

“All records relating to naturalization, all declarations of intention to become citizens of the United States, and all certificates of naturalization filed, recorded, or issued prior to the taking effect of the naturalization Act of June twenty-ninth, nineteen hundred 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." ** (36 Stat. 448; 8 U.S. C. 385.)

ALLOWANCE OF FEES TO CLERKS OF COURT

(Act approved June 26, 1910) SEO. 1.75 That section thirteen of the Act approved June twentyninth, nineteen hundred and six, 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,” is hereby amended by striking out the last sentence of the section, which reads as follows:"And in case the clerk of any court collects fees in excess of the sum of six thousand dollars in any one year, the Secretary of Commerce and Labor may allow to such clerk from the money which the United States shall receive additional compensation for the employment of additional clerical assistance, but for no other purpose, if in the opinion of the said Secretary the business of such clerk warrants such allowance," and inserting in lieu thereof the following:

"And in case the clerk of any court exercising naturalization jurisdiction collects fees in excess of the sum of six thousand dollars in any fiscal year the Attorney General 1 may allow salaries, for naturalization purposes only, to pay for clerical assistance, to be selected and employed by that clerk, additional to the clerical force, for which clerks of courts are required by this section to pay from fees received by such clerks in naturalization proceedings, if in the opinion of said Attorney General 13 the naturalization business of such clerk warrants further additional assistance: Provided, That in no event shall the whole amount allowed the clerk of a court and his assistants exceed the one-half of the gross receipts of the office of said clerk from naturalization fees during such fiscal year: Provided further, That when, at the close of any fiscal year, the business of such clerk of court indicates in the opinion of the Attorney General " that the naturalization fees for the succeeding fiscal year will exceed six thousand dollars the Attorney General" may authorize the continuance of the allowance of salaries for the additional clerical assistance herein provided for and employed on the last day of the fiscal year until such time as the remittances indicate in the opinion of said Attorney General 1s that the fees for the then current fiscal year will not be sufficient to allow the addi. tional clerical assistance authorized by this Act.

For footnote 73 see p. 602.

* For provisions of sec. 100, Act of April 30, 1900, as that section read prior to its amendment, see p. 459.

To Repealed by sec. 504, Nationality Act of 1940 (54 Stat. 1172; 8 U.S.C. 004), etfective January 13, 1941. See sec. 842 thereof, p. 891, for similar provisions.

“That payment for the additional clerical assistance herein authorized shall be in the manner and under such regulations as the Attorney General 18 may prescribe." (36 Stat. 829-830; 8 U. S. C. 402.)

UNITED STATES CIRCUIT COURTS ABOLISHED

[Act approved March 3, 1911) Sec. 289. The circuit courts of the United States, upon the taking effect of this Act, shall be, and hereby, are, abolished; and thereupon, on said date, the clerks of said courts shall deliver to the clerks of the district courts of the United States for their respective districts all the journals, dockets, books, files, records, and other books and papers of or belonging to or in any manner connected with said circuit courts; and shall also on said date deliver to the clerks of said district courts all moneys, from whatever source received, then remaining in their hands or under their control as clerks of said circuit courts, or received by them by virtue of their said offices. The journals, dockets, books, files, records, and other books and papers so delivered to the clerks of the several district courts shall be and remain a part of the official records of said district courts, and copies thereof, when certified under the hand and seal of the clerk of the district court, shall be received as evidence equally with the originals thereof; and the clerks of the several district courts shall have the same authority to exercise all the powers and to perform all the duties with respect thereto as the clerks of the several circuit courts had prior to the taking effect of this Act. (36 Stat. 1167.)

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PHILIPPINE CITIZENSHIP

(Act approved March 23, 1912] ** That section four of the Act of Congress approved July first, nineteen hundred and two, entitled “An Act temporarily to provide for the administration of the affairs of civil government in the Philippine Islands, and for other purposes,” is hereby amended to read as follows:

“SEC. 4. That all inhabitants of the Philippine Islands continuing to reside therein who were Spanish subjects on the eleventh day of April, eighteen hundred and ninety-nine, and then resided in said islands, and their children born subsequent thereto, shall be deemed and held to be citizens of the Philippine Islands and as such entitled to the protection of the United States, except such as shall have elected to preserve their allegiance to the Crown of Spain in accordance with the provisions of the treaty of peace between the United States and Spain signed at Paris December tenth, eighteen hundred and ninety-eight: Provided, That the Philippine Legislature is hereby authorized to provide by law for the acquisition of Philippine citizenship by those natives of the Philippine Islands who do not come within the foregoing provisions, the natives of other insular possessions of the United States, and such other persons residing in the Philippine Islands who could become citizens of the United States under the laws of the United States if residing therein.” 78 (37 Stat. 77.) NATURALIZATION OF DESERTERS OR PERSONS WHO GO ABROAD TO AVOID

* It was provided by sec. 801 of tbat Act that it should take effect and be in force on and after January 1, 1912. (36 Stat. 1169.)

17 Superseded by sec. 2, Act of August 29, 1916 (39 Stat. 546 ; 48 U. S. C. 1002), (see p. 608) authorizing the Philippine Lrgislature to provide by law for the acquisition of Philippine citizenship. There are no provisions for the naturalization as citizens of the United States of persons in the Phillippine Islands. For provisions concerning the naturalization of persons as citizens of the Philippine Islands, see Act of March 28, 1920 (15 Public Laws of the Philippine Islands, 267-271). and Act of November 30, 1928 (27 Public Laws of the Philippine Legislature, No. 3448).

DRAFT PROHIBITED

[Act approved August 22, 1912) Sec. 1. That section nineteen hundred and ninety-eight of the Revised Statutes of the United States be, and the same is hereby, amended to read as follows:

"Sec. 1998.79 That every person who hereafter deserts the military or naval service of the United States, or who, being duly enrolled, departs the jurisdiction of the district in which he is enrolled, or goes beyond the limits of the United States, with intent to avoid any draft into the military or naval service, lawfully ordered, shall be liable to all the penalties and forfeitures of section nineteen hundred and ninety-six of the Revised Statutes of the United States: Provided, That the provisions of this section and said section nineteen hundred and ninety-six shall not apply to any person hereafter deserting the military or naval service of the United States in time of peace:

(37 Stat. 856; 8 U. S. C. 11.)

VALIDATION OF NATURALIZATION RECORDS

(Act approved August 24, 1912) SEC. 9. All of the records relating to naturalization or declarations of intention to become citizens of the United States and all certificates of naturalization filed, recorded, or issued prior to an Act to validate certain certificates of naturalization approved June twenty-ninth, nineteen hundred and six, in or from the Louisville city court, sometimes called the Louisville police court, Ken-, tucky, 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. (37 Stat. 487–488.)

78 Sec. 4, Act of July 1, 1902 (32 Stat. 692), prior to March 23, 1912, read as follows: "SEC. 4. That all inbabitants of the Philippine Islands continuing to reside therein who were Spanish subjects on the eleventh day of April, eighteen hundred and pinetynine, and then resided in said Islands, and their children born subsequent thereto, shall be deemed and held to be citizens of the Philippine Islands and as such entitled to the protection

of the United States, except such as shall have elected to preserve their allegiance to the Crown of Spain in accordance with the

provisions of the treaty of peace between the United States and Spain signed at Paris December tenth, eighteen hundred and ninety-eight.".

** Repealed by sec. 504, Nationality Act of 1940 (34 Stat. 1172: 8 U. 8. C. 904), effective January 13, 1941. See ch. Iv of that

Act, p. 403, for "Lobs of Nationality. 80 For text of sec. 1998, United States Revised Statūtes, prior to August 22, 1912, see footnote 5, p. 452.

CREATION OF DEPARTMENT OF LABOR

(Act approved March 4, 1913] SEO. 1. That there is hereby created an executive department in the Government to be called the Department of Labor, with a Secretary of Labor, who shall be the head thereof, to be appointed by the President, by and with the advice and consent of the Senate;

(37 Stat. 736; 5 U.S. C. 611.) SEC. 3.8. That the following-named officers, bureaus, divisions, and branches of the public service now and heretofore under the jurisdiction of the Department of Commerce and Labor, and all that pertains to the same, known as the Commissioner General of Immigration, the Commissioners of Immigration, the Bureau of Immigration and Naturalization,

the Division of Naturalization, and the Immigration Service at Large, * * * be, and the same hereby are, transferred from the Department of Commerce and Labor to the Department of Labor, and the same shall hereafter remain under the jurisdiction and supervision of the lastnamed department. (37 Stat. 737; 5 U. S. C. 616.) The Bureaus of Immigration and of Naturalization of the Department of Labor are consolidated as an Immigration and Naturalization Service of the Department of Labor, at the head of which shall be a Commissioner of Immigration and Naturalization. (37 Stat. 737; 8 U.S. C. 351.) The Commissioner of the Immigration and Naturalization Service shall be the administrative officer in charge of the Immigration and Naturalization Service and of the administration of the naturalization laws under the immediate direction of the Secretary of Labor, to whom he shall report directly upon all nat

* Sec. 3. Act of March 4, 1913, originally read as follows:

“SEC, 8. That the following-named offices, bureaus, divisions, and branches of the public service now and heretofore under the jurisdiction of the Department of Commerce and Labor, and all that pertains to the same, known as the Commissioner General of Immigration, the Commissioners of Immigration, the Bureau of Immigration and Naturalisation.

followed by the Division of Naturalization, and the Immigration Service at large

be, and the same hereby are transferred from the Department of Commerce and Labor to the Department of Labor, and the same shall hereafter remain under the Jurisdiction and supervision of the last-named department. The Bureau of Immigration and Naturalization is hereby divided into two bureaus to be known hereafter as the Bureau of Immigration and the Bureau of Naturalization and the titles Chief Division of Naturalization and Assistant Chief shall be Commissioner of Naturalization and Deputy Commissioner of Naturalization. The Commissioner of Naturalization or, in his absence, the Deputy Commissioner of Naturalization, shall be the administrative officer in charge of the Bureau of Naturalization and of the administration of the naturalization laws under the im. mediate direction of the Secretary of Labor, to whom he shall report directly upon all naturalization matters annually and as otherwise required.

Executive Order 6166, June 10, 1933, section 14 (5 U. S. C., following Chapter 1), consolidated the Bureaus of Immigration and of Naturalization of the Department of Labor into one bureau named the Immigration and Naturalization Service, at the head of which was placed a Commissioner of Immigration and Naturalization. This provision constitutes the authority for changing the former titles of Commissioner General of Immigration and Commissioner of Naturalization, appearing in statutes prior to the Executive Order to the Commissioner of Immigration and Naturalization.

Reorganization Plan No. V (5 F. R. 2223), prepared by the President and transmitted to the Congress May 22, 1940, pursuant to the provisions of the Reorganization Act of 1939, approved April 3, 1939 (53 Stat. 561; 5 U. 8. C. 133-133r), which Plan became effective June 14, 1940 (5 F. R. 2132, June 5, 1940), transferred the Immigration and Naturalization Service of the Department of Labor (including the Office of the Commissioner of Immigration and Naturalization) and its functions to the Department of Justice, and directed that the Service bé administered under the direction and supervision of the Attorney General. All functions and powers of the Secretary of Labor relating to the administration of the Immigration and Naturalization Service and its functions or to the administration of the immigration and naturalization laws were transferred by such Plan to the Attorney General.

Section 37 (a) Act of June 28, 1940 (54 stat. 675; 8 U. S. C. 458), authorizes the Commissioner with the approval of the Attorney General, to make and prescribe, and from time to time to change and amend such rules and regulations not in condict with sucb Act as he may deem necessary and proper in aid of the administration and enforcement of that Act.

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