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courts and to provide for their office expenses, and for other purposes," is hereby amended to read as follows:

"SECTION 1. That on and after the 1st day of July, 1918, all clerks of the United States district courts shall be appointed by the judge for the district, or the senior judge if there be more than one judge in the district, and all fees and emoluments authorized by law to be paid to the clerks of the United States district courts, except the clerks of the district courts of Alaska, shall be charged as heretofore and shall be collected, as far as possible, and paid into the Treasury of the United States in such manner and at such times as hereinafter provided; and such clerks shall be paid, in lieu of the fees and emoluments now allowed by law, an annual salary as hereinafter provided: Provided, That this section shall not be construed to require or authorize fees to be charged or collected from the United States." (41 Stat. 1099; 28 U. S. C. 557.) 12 SEC. 2. That the clerk of the United States district court for each of the judicial districts of the United States, except the clerks of the district courts of Alaska, shall be paid, in lieu of the fees, salaries, and per centum now allowed by law, an annual salary to be fixed by the Attorney General at not less than $2,500 nor more than $5,000, based in each instance upon the amount of business transacted by the court and the fees and the emoluments received by the clerks in the four years last preceding. (40 Stat. 1182; 28 U. S. C. 558.)

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SEO. 9. That the clerk of every district court, except the clerks of the district courts of Alaska, shall account quarterly for all the fees and emoluments earned during the quarter last preceding such accounting, except where the person requiring the services is relieved by law from prepayment of fees and costs, and for all fees and emoluments received within the quarter which had been earned prior thereto. Such accounting shall be in writing and shall be made to the Attorney General, in such form as he may prescribe, on the first days of January, April, July, and October in each year, or within twenty days thereafter, and shall include all moneys received in connection with the admission of attorneys to practice in the court, all that portion retained by the clerk of moneys received for services in naturalization proceedings in whatever capacity rendered, and all other amounts received for services in any way connected with the clerk's office. Such accounts shall be made in duplicate and be verified by the oath of the officer making them. The Attorney General shall cause each such return or account to be carefully examined by the proper officer of the Department of Justice and shall approve the same as he may deem just and proper,

12 Act of February 11, 1921. Prior to February 11, 1921, this section read as follows in the Act of February 26, 1919 (40 Stat. 1182; 28 U. S. C. 557): "That on and after the first day of July, nineteen hundred and eighteen, all clerks of United States district courts shall be appointed by the judge for the district, or the senior judge if there be more than one judge in the district, subject to the approval of the senior circuit judge for the circuit in which the district is situated, and all fees and emoluments authorized by law to be paid to the clerks of the United States district courts, except the clerks of the district courts of Alaska, shall be charged as heretofore and shall be collected, as far as possible, and paid into the Treasury of the United States in such manner and at such times as hereinafter provided; and such clerks shall be paid, in lieu of the fees and emoluments now allowed by law, an annual salary as hereinafter provided: Provided, That this section shall not be construed to require or authorize fees to be charged or collected from the United States."

and shall transmit it with his approval to the General Accounting Office, by which an account shall be stated against the officer rendering such return or account. Immediately upon receipt of notice from the General Accounting Office, or within ten days thereafter, the clerk shall deposit to the credit of the Treasurer of the United States the amount so stated against him. (40 Stat. 1183; 28 U. S. C. 567; as amended by secs. 301, 304, Act of June 10, 1921, 42 Stat. 23, 24; 31 U. S. C. 41, 44.)"

NATURALIZATION OF ALIENS SERVING IN ARMED FORCES DURING THE WORLD WAR

[Act approved July 19, 1919] 14

[This Act continued in force and effect until March 3, 1924, which was one year after the official date for the return of all American troops. (41 Stat. 222.)]

GRANTING CITIZENSHIP TO CERTAIN HONORABLY DISCHARGED INDIANS WHO SERVED DURING THE WORLD WAR

[Act approved November 6, 1919]

That 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; 8 U. S. C. 3.) 15

APPOINTMENT OF CLERKS OF COURTS

[Act approved February 11, 1921, amending Act of February 26, 1919] 10

That section 1 of the Act approved February 26, 1919, entitled "An Act to fix the salaries of the clerks of the United States district courts and to provide for their office expenses, and for other purposes," is hereby amended to read as follows:

"SECTION 1. That on and after the 1st day of July, 1918, all clerks of the United States district courts shall be appointed by the judge for the district, or the senior judge if there be more than

13 See also sec. 7 (b), Act of March 2, 1929 (45 Stat. 1515; 8 U. S. C. 402a). See also part of sec. 1, Act of March 4, 1921 (41 Stat. 1412–1413; 28 U. S. C. 557), amending Act of February 26, 1919.

14 This Act, prior to its expiration, read as follows:

"Any person of foreign birth who served in the military or naval forces of the United States during the present war, after final examination and acceptance by the said military or naval authorities, and shall have been honorably discharged after such acceptance and service, shall have the benefits of the seventh subdivision of section 4 of the Act of June 29, 1906, Thirty-fourth Statutes at Large, part 1, p. 596, as amended, and shall not be required to pay any fee therefor; and this provision shall continue for the period of one year after all of the American troops are returned to the United States."

15 Repealed by sec. 504, Nationality Act of 1940 (54 Stat. 1173; 8 U. S. C. 3) effective January 13, 1941. See sec. 201 (b) of that Act, p. 356, for citizenship of a person born in the United States to a member of an Indian tribe.

16 For provisions of sec. 1, Act of March 4, 1921 (41 Stat. 1412-1413; 28 U. S. C. 557), amending Act of February 26, 1919 (40 Stat. 1182), see p. 523,

one judge in the district, and all fees and emoluments authorized by law to be paid to the clerks of the United States district courts, except the clerks of the district courts of Alaska, shall be charged as heretofore and shall be collected, as far as possible, and paid into the Treasury of the United States in such manner and at such times as hereinafter provided; and such clerks shall be paid, in lieu of the fees and emoluments now allowed by law, an annual salary as hereinafter provided: Provided, That this section shall not be construed to require or authorize fees to be charged or collected from the United States." (41 Stat. 1099; 28 U. S. C. 557.)

SECTION 1.

COMPENSATION TO CLERKS OF COURTS

[Act approved March 4, 1921]

* That provisions of the Act entitled "An Act to fix the salaries of the clerks of the United States district courts and to provide for their office expenses, and for other purposes," approved February 26, 1919, shall be applicable on and after July 1, 1921, to the clerk of the Supreme Court of the District of Columbia, excepting that said clerk shall be appointed as heretofore by said Court in General Term, and to the clerks of the district courts of the United States for Hawaii and Porto Rico: Provided further, That no clerk or deputy clerk or assistant in the office of the clerk of a United States district court shall receive any compensation or emoluments through any office or position to which he may be appointed by the court, other than that received as such clerk, deputy clerk, or assistant, whether from the United States or from private litigants. (41 Stat. 1412-1413; 28 U. S. C. 557.)

*

CREATION OF GENERAL ACCOUNTING OFFICE

[Act approved June 10, 1921]

SEC. 301. There is created an establishment of the Government to be known as the General Accounting Office, which shall be independent of the executive departments and under the control and direction of the Comptroller General of the United States. The offices of Comptroller of the Treasury and Assistant Comptroller of the Treasury are abolished, to take effect July 1, 1921. All other officers and employees of the office of the Comptroller of the Treasury shall become officers and employees in the General Accounting Office at their grades and salaries on July 1, 1921, and all books, records, documents, papers, furniture, office equipment and other property of the office of the Comptroller of the Treasury shall become the property of the General Accounting Office. The Comptroller General is authorized to adopt a seal for the General Accounting Office. (42 Stat. 23; 31 U. S. C. 41.)

SEC. 304. All powers and duties now conferred or imposed by law upon the Comptroller of the Treasury or the six auditors of the Treasury Department, and the duties of the Division of Bookkeeping and Warrants of the Office of the Secretary of the Treasury

568700-44- -24

relating to keeping the personal ledger accounts of disbursing and collecting officers, shall, so far as not inconsistent with this Act, be vested in and imposed upon the General Accounting Office and be exercised without direction from any other officer. The balances certified by the Comptroller General shall be final and conclusive upon the executive branch of the Government. The revision by the Comptroller General of settlements made by the six auditors shall be discontinued, except as to settlements made before July 1, (42 Stat. 24; 31 U. S. C. 44.)

1921.

NO DENIAL OR ABRIDGMENT OF RIGHT BECAUSE OF SEX OR BECAUSE MARRIED [Act approved September 22, 1922] ”

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the right of any woman to become a naturalized citizen of the United States shall not be denied or abridged because of her sex or because she is a married woman.18 (42 Stat. 1021-1022; 8 U. S. C. 367.)

EXEMPTION TO WOMAN WHO MARRIES A CITIZEN, OR WHOSE HUSBAND IS NATURALIZED, AFTER THIS ACT

SEC. 2. That an alien who marries a citizen of the United States, after the passage of this Act, as here amended, or an alien whose husband or wife is naturalized after the passage of this Act, as here amended, shall not become a citizen of the United States by reason of such marriage or naturalization; but, if eligible to citizenship, he or she may be naturalized upon full and complete compliance with all requirements of the naturalization laws, with the following exceptions:

(a) No declaration of intention shall be required.

(b) In lieu of the five-year period of residence within the United States and the one-year period of residence within the State or Territory where the naturalization court is held, he or she shall have resided continuously in the United States, Hawaii, Alaska, or Porto Rico for at least three years immediately preceding the filing of the petition. (48 Stat. 797; 8 U. S. C. 368.) 19

This Act, described in ch. 411. United States Statutes at Large (42 Stat. 1021), as "An Act relative to the naturalization and citizenship of married women," originally contained seven sections.

18 This section was repealed by sec. 504, Nationality Act of 1940 (54 Stat. 1173; 8 U. S. C. 904), effective January 13, 1941. See sec. 302 of that Act, p. 359, for similar provisions.

19 Sec. 4. Act of May 24, 1934, repealed effective January 13, 1941, by sec. 504. Nationality Act of 1940 (54 Stat. 1173; 8 U. S. C. 904). See secs. 310 and 311, pp. 364-365, for similar provisions of that Act. This section originally read as follows in the Act of September 22, 1922 (42 Stat. 1022):

"SEC. 2. That any woman who marries a citizen of the United States after the passage of this Act, or any woman whose husband is naturalized after the passage of this Act, shall not become a citizen of the United States by reason of such marriage or naturalization; but, if eligible to citizenship, she may be naturalized upon full and complete compliance with all requirements of the naturalization laws, with the following exceptions;

"(a) No declaration of intention shall be required;

"(b) In lieu of the five-year period of residence within the United States and the oneyear period of residence within the State or Territory where the naturalization court is held, she shall have resided continuously in the United States, Hawaii, Alaska, or Puerto Rico for at least one year immediately preceding the filing of the petition."

Sec. 5 of the repealing Act of May 24, 1934. provided that any right or privilege theretofore acquired under the unamended form of sec. 2 should not be affected.

EFFECT OF MARRIAGE OF WOMAN CITIZEN AFTER THIS ACT; EXCEPTIONS

SEC. 3.20 (a) A woman citizen of the United States shall not cease to be a citizen of the United States by reason of her marriage after this section, as amended, takes effect, unless she makes a formal renunciation of her citizenship before a court having jurisdiction over naturalization of aliens. (46 Stat. 1511; 8 U. S. Č. 9.)a

WOMAN MARRIED TO AN ALIEN INELIGIBLE TO CITIZENSHIP OR WHO IS HERSELF RACIALLY INELIGIBLE

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(b) Any woman who before this section, as amended, takes effect, has lost her United States citizenship by residence abroad after marriage to an alien or by marriage to an alien ineligible to citizenship may, if she has not acquired any other nationality by affirmative act, be naturalized in the manner prescribed in section 4 of this Act, as amended. Any woman who was a citizen of the United States at birth shall not be denied naturalization under section 4 on account of her race. (46 Stat. 1511-1512; 8 U. S. C. 369a.)

ORIGIN OF WOMAN'S CITIZENSHIP-LIMITATIONS ON NATURALIZATION UNDER SECTION 23

(c) No woman shall be entitled to naturalization under section 4 of this Act, as amended, if her United States citizenship originated solely by reason of her marriage to a citizen of the United States or by reason of the acquisition of United States citizenship by her husband. (46 Stat. 1512; 8 U. S. C. 368a.)

20 This section in its unamended form originally read as follows in the Act of September 22, 1922 (42 Stat. 1022):

"SEC. 3. That 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." Sec. 1. Act of July 3, 1930 (46 Stat. 854). repealed the last three sentences of this section as it was originally enacted, but it was provided that such repeal should not restore citizenship lost under section 3 before such repeal.

Sec. 4, Act of March 3, 1931, repealed effective January 13, 1941, by sec. 504, Nationality Act of 1940 (54 Stat. 1173; 8 U. S. C. 904).

23 The Act of July 2, 1932 (47 Stat. 571; 8 U. S. C. 368b), provided that for the purposes of this subdivision of sec. 3, Act of September 22, 1922, a woman born in Hawail prior to June 14, 1900, should, if residing in the United States on the date of its enactment (July 2, 1932) be considered to have been a citizen of the United States at birth. 22 For a discussion of Act of June 25, 1936 (49 Stat. 1917), repealed effective January 13, 1941, by sec. 504. Nationality Act of 1940 (54 Stat. 1174; 8 U. S. C. 904). providing that a native-born woman citizen who lost citizenship by marriage prior to September 22, 1922, shall be deemed to be a citizen, see p. 553.

The Act of June 27. 1934 (48 Stat. 1245; 48 U. S. C. 733b), which amended the Act of March 2, 1917, entitled "An Act to provide a civil government for Puerto Rico, and for other purposes," provided that any woman, native of Puerto Rico and permanently residing therein, who, prior to March 2, 1917, had lost her American nationality by reason of her marriage to an alien eligible to citizenship, or by reason of the loss of the United States citizenship by her husband, may be naturalized under the provisions of sec. 4 of the Act of September 22, 1922, entitled "An Act relative to the naturalization and citizenship of married women," as amended.

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