certificates, and records required to be used, filed, recorded, or kept under any and all of the provisions of this Act shall be admitted in evidence equally with the originals in any and all proceedings under this Act and in all cases in which the originals thereof might be admissible as evidence.

§ 29. That for the purpose of carrying into effect the provisions of this Act there is hereby appropriated the sum of one hundred thousand dollars, out of any moneys in the Treasury of the United States not otherwise appropriated, which appropriation shall be in full for the objects hereby expressed until June thirtieth, nineteen hundred and seven; and the provisions of section thirty-six hundred and seventy-nine of the Revised Statutes of the United States shall not be applicable in any way to this appropriation.

§ 30. That all the applicable provisions of the naturalization laws of the United States shall apply to and be held to authorize the admission to citizenship of all persons not citizens who owe permanent allegiance to the United States, and who may become residents of any State or organized Territory of the United States, with the following modifications: The applicant shall not be required to renounce allegiance to any foreign sovereignty; he shall make his declaration of intention to become a citizen of the United States at least two years prior to his admission; and residence within the jurisdiction of the United States, owing such permanent allegiance, shall be regarded as residence within the United States within the meaning of the five years' residence clause of the existing law.

§ 31. That this Act shall take effect and be in force from and after ninety days from the date of its passage: Provided, that sections one, two, twentyeight, and twenty-nine shall go into effect from and after the passage of this Act.

Approved June 29, 1906.

An act providing for the naturalization of the wife and minor children of insane aliens making homestead entries under the land laws of the United States. App'd Feb. 24, 1911.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That when any alien, who has declared his intention to become a citizen of the United States, becomes insane before he is actually naturalized, and his wife shall thereafter make a homestead entry under the land laws of the United States, she and their minor children may, by complying with the other provisions of the naturalization laws, be naturalized without making any declaration of intention.

UNREPEALED UNITED STATES REVISED STATUTES.*

(In regard to the acquisition of citizenship by other means than naturalization, see secs. 1992 to 1995, inclusive, of the United States Revised Statutes. See, also, sec. 2172 of the Revised Statutes.)

§ 2169. (As amended, 1875.) Aliens of African nativity and descent.

The provisions of this title shall apply to aliens being free white persons, and to aliens of African nativity and to persons of African descent.

§ 2170. Residence within the United States required for five years continuously. No alien shall be admitted to become a citizen who has not for the continued term of five years next preceding his admission resided within the United States.†

§ 2172. Children of persons naturalized under certain laws to be citizens. The children of persons who have been duly naturalized under any law of the United States, or who, previous to the passing of any law on that subject, by the government of the United States, may have become citizens of any one of the States, under the laws thereof, being under the age of twenty-one years at the time of the naturalization of their parents, shall, if dwelling in the United States, be considered as citizens thereof; and the children of persons who now are, or have been, citizens of the United States, shall, though born out of the limits and jurisdiction of the United States, be considered as citizens thereof; but no person heretofore proscribed by any State, or who has been legally convicted of having joined the army of Great Britain during the Revolutionary War, shall be admitted to become a citizen without the consent of the Legislature of the State in which such person was proscribed.

For sections repealed, see Act of June 29, 1906, and Act of May 9, 1918. The United States Circuit Court of Appeals has held that this section was not repealed by the naturalization act of June 29, 1906. (See United States v. Rodiek, 162 Fed. 469.)

NATURALIZATION OF DECLARANTS WHO HAVE SERVED IN THE
NAVAL RESERVE FORCE IN TIME OF WAR.

[Act of May 22, 1917.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Act entitled "An Act making appro priations for the naval service for the fiscal year ending June thirtieth, nineteen hundred and seventeer, and for other purposes," approved August twenty-ninth, nineteen hundred and sixteen, be, and the same is hereby, amended by adding after the proviso under the heading "Naval Reserve Force," which reads as follows: "Provided, That citizens of the insular possessions of the United States may enroll in the Naval Auxiliary Reserve," a further proviso as follows: Provided further, That such persons who are not citizens of the United States, but who have or shall have declared their intention to become citizens of the United States, and who are citizens of countries which are at peace with the United States, may enroll in the Naval Reserve Force subject to the condition that they may be discharged from such enrollment at any time within the discretion of the Secretary of the Navy, and such persons who may, under existing law, become citizens of the United States, and who render honorable service in the Naval Reserve Force in time of war for a period of not less than one year may become citizens of the United States without proof of residence on shore and without further requirement than proof of good moral character and certificate from the Secretary of the Navy that such honorable service was actually rendered. (Public Laws, 65th Cong. 1st Sess., 1917, p. 84.)

ALIENS HONORABLY DISCHARGED FROM MILITARY OR NAVAL FORCES OF THE UNITED STATES AFTER SERVICE DURING THE PRESENT WAR. [Public, No. 21, 66th Cong., approved July 19, 1919.].

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, 34 Statutes at Large, part 1, page 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.

TWENTY-SECOND STATUTES AT LARGE, PAGE 61.

§ 14. Naturalization of Chinese prohibited.

That hereafter no State court or court of the United States shall admit Chinese to citizenship; and all laws in conflict with this act are hereby repealed. (Act of May 6, 1832.)

NATURALIZATION OF DESERTERS OR PERSONS WHO GO ABROAD TO AVOID DRAFT PROHIBITED.

[Act of August 22, 1912.]

Sec. 3954. [Amending Sec. 1998, U. S. R. S.] 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 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 1996 of the Revised Statutes; Provided, That the provisions of this section and said section 1996 [infra] shall not apply to any person hereafter deserting the military or naval service of the United States in time of peace (4 Comp. Stat. 1916, p. 4828.)

[Act of March 3, 1865.]

Sec. 1996. All persons who deserted the military or naval service of the United States and did not return thereto or report themselves to a provost marshal within sixty days after the issuance of the proclamation by the President, dated the 11th day of March. 1865, are deemed to have voluntarily relinquished and forfeited their rights of citizenship, as well as their right to become citizens; and such deserters shall be forever incapable of holding any office of trust or profit under the United States, or for exercising any rights of citizens thereof. (R. S. 1878, p. 350; 1 Comp. Stat. 1901, p. 1269.)

DEBARRING FROM NATURALIZATION CERTAIN ALIENS WHO MAY WITH-
DRAW THEIR DECLARATIONS OF INTENTION TO
AVOID MILITARY SERVICE.
[Act of July 9, 1918.]

Provided, That a citizen or subject of a country neutral in the present war who has declared his intention to become a citizen of the United States shall be relieved from liability to military service upon his making a declaration, in accordance with such regulations as the President may prescribe, withdrawing his intention to become a citizen of the United States, which shall operate and be held to cancel his declaration of intention to become an American citizen, and he shall forever be debarred from becoming a citizen of the United States. * (40 Stat. L., pt. 1, p. 885.)

RELATING TO SECTION 13 OF THE ACT OF JUNE 29, 1906, AS AMENDED AMENDED JUNE 25, 1910.

[Act of June 12, 1917.]

Provided, That the whole amount allowed for a fiscal year to the clerk of a court and his assistants from naturalization fees and this appropriation or any similar appropriation made hereafter shall be based upon and not exceed the one-half of the gross receipts of said clerk from naturalization fees during the fiscal year immediately preceding, unless the naturalization business of the clerk of any court during the year shall be in excess of the naturalization business of the preceding year, in which event the amount allowed may be increased to an amount equal to one-half the estimated gross receipts of the said clerk from nat uralization fees during the current fiscal year: *. (40 Stat. L., pt. 1, p. 171.)

OFFICIAL MAIL TO BE FORWARDED BY CLERKS OF COURTS TO BUREAU FREE OF POSTAGE, AND BY REGISTERED MAIL IF NECESSARY. [Act of October 6, 1917.]

That all mail matter, of whatever class, relating to naturalization, including duplicate papers required by law or regulation to be sent to the Bureau of Naturalization by clerks of State or Federal courts, addressed to the Department of Labor, or the Bureau of Naturalization, or to any official thereof, and indorsed "Official Business," shall be transmitted free of postage, and by registered mail if necessary, and so marked: Provided further, That if any person shall make use of such indorsement to avoid payment of postage or registry fee on his or her private letter, package, or other matter in the mail, the person so offending shall be guilty of a misdemeanor and subject to a fine of $300, to be prosecuted in any court of competent jurisdiction. *

(Pub. Laws, 65th Cong., 1st sess., 1917, p. 376. Postal Laws and Regs., sec. 278, par. 31⁄2, and sec. 493, par. 2.)

VALIDATING CERTAIN CERTIFICATES OF NATURALIZATION WHERE DECLARATIONS WERE FILED PRIOR TO SEPTEMBER 27, 1906.

[Act of May 9, 1918.]

Sec. 3. That all certificates of naturalization granted by courts of competent Jurisdiction prior to December thirty-first, nineteen hundred and eighteen, upon petitions for naturalization filed prior to January thirty-first, nineteen hundred and eighteen, upon declarations of intention filed prior to September twentyseventh, nineteen hundred and six, are hereby declared to be valid in so far as the declaration of intention is concerned but shall not be by this act further validated or legalized.

ACTS TO VALIDATE CERTAIN CERTIFICATES OF NATURALIZAION. [Act of June 29, 1906.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled:

That naturalization certificates issued after the act approved March third, nineteen hundred and three, entitled "An act to regulate the immigation of aliens into the United States," went into effect, which fail to show that the courts issuing said certificates complied with the requirements of section thirtynine of said act, but which were otherwise lawfully issued, are hereby declared to be as valid as though said certificates complied with said section: Provided, That in all such cases application shall be made for new naturalization certificates, and when the same are granted, upon compliance with the provisions of said act of nineteen hundred and three, they shall relate back to the defective certificates, and citizenship shall be deemed to have been perfected at the date of the defective certificate.

§ 2. That all the 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 time when this act takes effect in or from the criminal court of Cook county, Illinois, 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.

(Stat. 1905-6, Part I, p. 630.)

ACT OF 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, Kentucky, 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.

ACT TO CODIFY, REVISE AND AMEND THE PENAL LAWS OF
THE UNITED STATES.

29,

THIRTY-FIFTH STATUTES AT LARGE, PAGE 1088.

[Act of March, 4, 1909.]

The following sections repeal sections 16, 17, and 19 of the act of June

1906:

SEC. 74. Whoever shall falsely make, forge, or counterfeit, or cause or procure to be falsely made, forged, or counterfeited, or shall knowingly aid or assist in falsely making, forging, or counterfeiting any certificate of citizenship, with intent to use the same, or with the intent that the same may be used by some other person, shall be fined not more than ten thousand dollars, or imprisoned not more than ten years, or both.

SEC. 75. Whoever shall engrave, or cause or procure to be engraved, or assist in engraving, any plate in the likeness of any plate designed for the printing of a certificate of citizenship; or whoever shall sell any such plate, or shall bring into the United States from any foreign place any such plate, except under the direction of the Secretary of Commerce and Labor or other proper officer; or whoever shall have in his control, custody, or possession any metallic plate engraved after the similitude of any plate from which any such certificate has been printed, with intent to use or to suffer such plate to be used in forging or counterfeiting any such certificate or any part thereof; or whoever shall print, photograph, or in any manner cause to be printed, photographed, made, or executed, any print or impression in the likeness of any such certificate, or any part thereof; or whoever shall sell any such certificate, or shall bring the same into the United States from any foreign place, except by direction of some proper officer of the United States; or whoever shall have in his possession a distinctive paper which has been adopted by the proper officer of the United States for the printing of such certificate, with intent unlawfully to use the same, shall be fined not more than ten thousand dollars, or imprisoned not more than ten years, or both.

SEC. 76. Whoever, when applying to be admitted a citizen, or when appearing as a witness for any such person, shall knowingly personate any per son other than himself, or shall falsely appear in the name of a deceased person, or in an assumed or fictitious name; or whoever shall falsely make, forge, or counterfeit any oath, notice, affidavit, certificate, order, record, signature, or other instrument, paper, or proceeding required, or authorized by any law relating to or providing for the naturalization of aliens; or whoever shall utter, sell, dispose of, or shall use as true or genuine, for any unlawful purpose, any false, forged, antedated, or counterfeit oath, notice, certificate, order, record, signature, instrument, paper, or proceeding above specified; or whoever shall sell or dispose of to any person other than the person for whom it was originally issued any certificate of citizenship or certificate showing any person to be admitted a citizen, shall be fined not more than one thousand dollars, or imprisoned not more than five years, or both.

SEC. 77. Whoever shall use or attempt to use, or shall aid, assist, or par ticipate in the use of any certificate of citizenship, knowing the same to be forged, counterfeit, or antedated, or knowing the same to have been procured by fraud or otherwise unlawfully obtained; or whoever, without lawful excuse, shall knowingly possess any false, forged, antedated, or counterfeit certificate of citizenship purporting to have been issued under any law of the United States relating to naturalization, knowing such certificate to be false, forged, antedated, or counterfeit, with the intent unlawfully to use the same; or whoever shall obtain, accept, or receive any certificate of citizenship, knowing the same to have been procured by fraud or 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

NATURALIZATION

been fraudulently altered or antedated; or whoever, without lawful excuse, shall have in his possession any blank certificate of citizenship provided by the Bureau of Immigration and Naturalization 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.

SEC. 78. 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.

SEC. 70. 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.

SEC. 80. 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.

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.

NOTE. By the terms of section 341 of the act referred to above the foregoing sections specifically repealed sections 5395, 5424, 5425, 5426, 5428, and 5429 of the Revised Statutes of the United States, as well as sections 16, 17. and 19 of the act of June 29, 1906 (34 Stat. L., pt. 1, ch. 3592, p. 596).

CITIZENSHIP.

[In regard to the acquisition of citizenship by means other than naturalization, see also secs. 1992 and 1995 of the United States Revised Statutes.]

CITIZENSHIP BY BIRTH.

Sec. 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. (Constitution, Art. XIV.)

*

*

CITIZENSHIP OF CHILDREN BORN ABROAD OF CITIZENS.

[Act of February 10, 1855, amending act of April 14, 1802.]

Sec. 1993. All children heretofore born or hereafter born out of the limits and jurisdiction of the United States, whose fathers were or may be at the time of their birth citizens thereof, are declared to be citizens of the United States; but the rights of citizenship shall not descend to children whose fathers never resided in the United States. (R. S. 1878, p. 350; 1 Comp. Stat. 1901, p. 1268.)

CITIZENSHIP OF WOMEN BY MARRIAGE.

[Act of February 10, 1855.]

Sec. 1994. Any woman who is now or may hereafter be married to a citizen of the United States, and who might herself be lawfully naturalized, shall be deemed a citizen. (R. S. 1878, p. 350; 1 Comp. Stat. 1901, p. 1268.)