shall extend only to aliens resident within the respective judicial districts of such courts. The courts herein specified shall, upon the requisition of the clerks of such courts, be furnished from time to time by the Bureau of Immigratior. and Naturalization with such blank forms as may be required in the naturalization of aliens, and all certificates of naturalization shall be consecutively numbered and printed on safety paper furnished by said Bureau. [34 Stat. L. 596.]

State Circuit and District Courts. "Within the respective judicial districts of such courts,” in the above provision, has been construed to mean "within the territorial jurisdiction of such courts." Under this construction an alien residing in a given county of a state judicial circuit cannot be admitted to citizenship by the state circuit court of another county within that circuit which has no territorial jurisdiction outside of the county in which it sits. U. S. v. Schurr, (1908) 163 Fed. 648; U. S. v. Wayer, (1908) 163 Fed. 650.

But where a state district court has determined that while sitting in one county it

SEC. 4. [Proceedings.] That an alien may be admitted to become a citizen of the United States in the following manner and not otherwise:

First. [Declaration of intention — qualifications, etc. — previous declarations.] He shall declare on oath before the clerk of any court authorized by this Act to naturalize aliens, or his authorized deputy, in the district in which such alien resides, two years at least prior to his admission, and after he has reached the age of eighteen years, that it is bona fide his intention to become a citizen of the United States, and to renounce forever all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, and particularly, by name, to the prince, potentate, state, or sovereignty of which the alien may be at the time a citizen or subject. And such declaration shall set forth the name, age, occupation, personal description, place of birth, last foreign residence and allegiance, the date of arrival, the name of the vessel, if any, in which he came to the United States, and the present place of residence in the United States of said alien: Provided, however, That no alien who, in conformity with the law in force at the date of his declaration, has declared his intention to become a citizen of the United States shall be required to renew such declaration.

Declaration made under previous law. — A certificate of citizenship will be granted to a petitioner who more than five years previously, and at a time when he was a minor over eighteen years of age, made declaration of intention to become a citizen, under the statute (R. S. sec. 2165, 5 Fed. Stat. Annot. 200) which was repealed by this Act. In re Gross, 160 Fed. 739.

Sufficiency of declaration.—An alien applying under the present law for citizenship

must, irrespective of age, at least two years prior to his admission, declare his intention to become a citizen and renounce allegiance to any foreign prince, etc., generally, and particularly to the one of whom he may at the time of application be a subject, or a country of which he may be a citizen. A declaration of such nature is not sufficient unless it is by the alien himself in conformity with the law at the time it is made. In re Poirot, 168 Fed. 456.

Second. [Petitions for citizenship certificates requirements — previous declarations declarations as to anarchy and polygamy - renunciation of other allegiance - intention of permanent residence, etc. - evidence as to character, etc. certificates of arrival and intention, to be filed.] Not less than two years nor more than seven years after he has made such declaration of intention he shall make and file, in duplicate, a petition in writing, signed by the applicant in his own handwriting and duly verified, in which petition such

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applicant shall state his full name, his place of residence (by street and number, if possible), his occupation, and, if possible, the date and place of his birth; the place from which he emigrated, and the date and place of his arrival in the United States, and, if he entered through a port, the name of the vessel on which he arrived; the time when and the place and name of the court where he declared his intention to become a citizen of the United States; if he is married he shall state the name of his wife and, if possible, the country of her nativity and her place of residence at the time of filing his petition; and if he has children, the name, date, and place of birth and place of residence of each child living at the time of the filing of his petition: Provided, That if he has filed his declaration before the passage of this Act he shall not be required to sign the petition in his own handwriting. The petition shall set forth that he is not a disbeliever in or opposed to organized government, or a member of or affiliated with any organization or body of persons teaching disbelief in or opposed to organized government, a polygamist or believer in the practice of polygamy, and that it is his intention to become a citizen of the United States and to renounce absolutely and forever all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, and particularly by name to the prince, potentate, state, or sovereignty of which he at the time of filing of his petition may be a citizen or subject, and that it is his intention to reside permanently within the United States, and whether or not he has been denied admission as a citizen of the United States, and, if denied, the ground or grounds of such denial, the court or courts in which such decision was rendered, and that the cause for such denial has since been cured or removed, and every fact material to his naturalization and required to be proved upon the final hearing of his application. The petition shall also be verified by the affidavits of at least two credible witnesses, who are citizens of the United States, and who shall state in their affidavits that they have personally known the applicant to be a resident of the United States for a period of at least five years continuously, and of the State, Territory, or district in which the application is made for a period of at least one year immediately preceding the date of the filing of his petition, and that they each have personal knowledge that the petitioner is a person of good moral character, and that he is in every way qualified, in their opinion, to be admitted as a citizen of the United States. At the time of filing his petition there shall be filed with the clerk of the court a certificate from the Department of Commerce and Labor, if the petitioner arrives in the United States after the passage of this Act, stating the date, place, and manner of his arrival in the United States, and the declaration of intention of such petitioner, which certificate and declaration shall be attached to and made a part of said petition.

The provision as to the time for filing the petition, embodied in the above paragraph, is in the nature of a statute of limitation. Being such a statute, it will not be given a retrospective construction so as to cut off the right to become naturalized of one who has made declaration of intention of becoming a citizen more than seven years prior to its passage. In re Wehrli, 157 Fed. 938. The court said: "It is well settled by the decisions of all the courts, state as well as national, that unless the language used is so clear, strong, and imperative that no other meaning can be given to it, or unless the intention of the legislature cannot be otherwise satisfied, the statute ought not to be given retrospective construction. opinion, the language of the statute does not

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justify such a construction, and the true intent of Congress was that aliens declaring their intention to become naturalized after the passage of the Act must file their final apolication within seven years after the filing of the declaration of intention, and as to those who filed the declaration of intention before the enactment of the statute, they must make their final application within seven years from the enactment of the Act."

Under this paragraph the right to citizenship must exist at the date of the filing of the petition. A certificate of citizenship granted on a petition filed less than two years after making declaration of intention will be canceled although the hearing on the petition was not had until after the expiration of two years. The provision in question is manda

tory, and is not necessarily inconsistent with the provision of subdivision 1, that the declaration of intention must be made "two years at least prior to his admission." U. S. v. Van der Molen, (1908) 163 Fed. 650.

Repeated applications for naturalization may not be made, it seems. In In re Guliana, 156 Fed. 420, 421, it appeared that the applicant had within a few months been denied final papers by a state court. Hough, J., said: The letter of the present Act seems to place no limit upon the number of applications that an alien may make for naturalization; but I cannot think it follows that a man who has fully submitted his case to a court of competent jurisdiction and had judg ment against him can propound a new application the next day in another court, and repeat the operation as long as his courage dictates or his pocket permits. It is inconceivable that, should Guliano's application be entertained in this court, and his final petition come on for hearing (as it would) within a few months after the decision above noted, such decision would be wholly disregarded, and a certificate granted upon substantially the same facts as had induced its denial a few months earlier."

A witness who had surrendered his certificate of citizenship for cancellation is incom

petent to verify a petition for naturalization because he is not a citizen of the United States as required by the above provision. In rc O'Dea, 158 Fed. 703.

By admitting at the final hearing that he has not known the petitioner for five years antedating the filing of the petition, a witness deprives of any probative force the statement in his affidavit that he has known the petitioner for such period, and the petition will not be accepted, because it does not comply with the spirit of the statute although meeting the letter thereof. In re Aprea, 158 Fed. 703.

Acquaintance with the applicant five years before the final hearing does not qualify a voucher, as this provision expressly requires the witnesses to have known the applicant to be a resident for five years before filing the petition. Nor is a person having such knowledge qualified as a witness at the final hearing, the reason being that the fourth subdivision of this section requires proof of residence for five years preceding the date of the application, and such date under the present paragraph of the Act impliedly is fixed at the time of filing the application. But the applicant in such a case will be given leave to amend his petition, and to have the same reposted. In re Welsh, 159 Fed. 1014.

Third. [Declaration in open court.] He shall, before he is admitted to citizenship, declare on oath in open court that he will support the Constitution of the United States, and that he absolutely and entirely renounces and abjures all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, and particularly by name to the prince, potentate, state, or sovereignty of which he was before a citizen or subject; that he will support and defend the Constitution and laws of the United States against all enemies, foreign and domestic, and bear true faith and allegiance to the same.

Fourth. [Evidence of residence, etc., required -additional testimony.] It shall be made to appear to the satisfaction of the court admitting any alien to citizenship that immediately preceding the date of his application he has resided' continuously within the United States five years at least, and within the State or Territory where such court is at the time held one year at least, and that during that time he has behaved as a man of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the same. In addition to the oath of the applicant, the testimony of at least two witnesses, citizens of the United States, as to the facts of residence, moral character, and attachment to the principles of the Constitution shall be required, and the name, place of residence, and occupation of each witness shall be set forth in the record.

subdivision, by the fact that he has spent a large portion of the five years at sea, where he was in the habit of returning to his domicile whenever opportunity offered and in other ways manifested his intention not to abandon it. The word “continuously" in the above provision is not to be construed literally. And the witnesses required by this subdivision need only be persons whose knowledge is appropriate to the applicant's employment-for example, in the case of a sailor, persons who knew of his residence in the state where he applies before he went to sea, corresponded

with him during such period, and knew of his return to his domicile from time to time at the termination of his voyages. In re Schneider, (1908) 164 Fed. 335.

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Good moral character. The word "character” as used in the above provision is not synonymous with reputation." It means what a person really is, not what he is supposed to be. U. S. . Hrasky, (Ill.) 88 N. Ë. 1033.

One who knowingly and wilfully has made use of naturalization papers fraudulently procured, instead of surrendering them for cancellation, is not a person of good moral character as required by this provision. In re Di Clerico, 158 Fed. 905.

Any one who habitually, knowingly, and wilfully has violated the law requiring saloons to be closed on Sunday, and who states that he intends to continue to violate the law in case he is naturalized, is not a person of good

moral character, and hence should be refused naturalization. U. S. v. Hrasky, (Ill.) 88 N. E. 1031.

Where it has been decided by a court of competent jurisdiction that an applicant for naturalization is not entitled to his papers because he has not been of good moral character for the statutory period, it appearing that he pleaded guilty to an indictment, a subsequent application will not be granted until the applicant can show that he has behaved himself as a person of good moral character for five years after the plea of guilty. In re Guliano, 156 Fed. 422.

Discharged soldiers. This provision is reconcilable with the earlier Act (Act July 17, 1862, ch. 200, R. S. sec. 2166, 5 Fed. Stat. Annot. 205) so as to permit an honorably discharged soldier to prove his case by one witness. In re Loftus, 165 Fed. 1002. See supra, paragraph second.

Fifth. [Former titles, etc., to be renounced.] In case the alien applying to be admitted to citizenship has borne any hereditary title, or has been of any of the orders of nobility in the kingdom or state from which he came, he shall, in addition to the above requisites, make an express renunciation of his title or order of nobility in the court to which his application is made, and his renunciation shall be recorded in the court.

Sixth. [Widows and minor children.] When any alien who has declared his intention to become a citizen of the United States dies before he is actually naturalized the widow and minor children of such alien may, by complying with the other provisions of this Act, be naturalized without making any declaration of intention. [34 Stat. L. 596.]

Generally. Under this provision an alien, whose father declared his intention of becoming a citizen, but died before being naturalized and during the minority of the child, may ac quire naturalization upon complying with the other provisions of the act, without making a declaration of intention. In re Schmidt, 161 Fed. 231.

Declaration made under previous statute. -The right of a minor to avail himself of his father's declaration made under the earlier statute (R. S. sec. 2165, 5 Fed. Stat. Annot.

200) was not taken away by this Act, but was preserved and continued by the above elause. Consequently, a minor whose father Imade a declaration of intention under the previous law, and died before the passage of the present Act, succeeds to the benefit of such declaration and may apply for citizenship without making a declaration in his own behalf and waiting the prescribed period. In re Shearer, 158 Fed. 839.

See infra, note to section 13.

subpoenas to witnesses.] filing the petition, give

SEC. 5. [Public notice of petition, hearing, etc. That the clerk of the court shall, immediately after notice thereof by posting in a public and conspicuous place in his office, or in the building in which his office is situated, under an appropriate heading, the name, nativity, and residence of the alien, the date and place of his arrival in the United States, and the date, as nearly as may be, for the final hearing of his petition, and the names of the witnesses whom the applicant expects to summon in his behalf; and the clerk shall, if the applicant requests it, issue a subpoena for the witnesses so named by the said applicant to appear upon the day set for the final hearing, but in case such witnesses can not be produced upon the final hearing other witnesses may be summoned. [34 Stat. L. 598.]

The witnesses referred to in this section' need not be the same as the witnesses verifying the petition, and according to the interpretation of the Circuit Court for the district of Oregon, should the witnesses named in the posted notice not be available at the final F. S. A. Supp.-24

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hearing, others may be summoned in the usual manner, by securing their attendance through request or by the aid of subpœna. In re Schatz. 161 Fed. 237, per Wolverton, D. J., dissenting from the view taken by the Circuit Court for the southern district of New

York in In re O'Dea, 158 Fed. 703. In the latter case, Lacombe, Cir. J., held that the posting of the names of the witnesses is indispensable, saying: "The concluding clause of this section, which authorizes the summoning of other witnesses than those who originally verified the petition, must be read in connection with the whole section, and as requiring that the new witness shall have the same qualifications as those described in the first part of the section, including his having stood the test of having his name publicly

posted for ninety days. Otherwise one of the safeguards which Congress provided against the naturalization of improper persons would be cast aside. The very object of posting the names of the witnesses is to give the government opportunity for a full investigation conducted by its own officers, without having to depend solely on the cross-examination of persons of whom it never heard until the cause comes up for final disposition.”

Amendment and reposting of petition. See supra section 4, par. 2.

SEC. 6. [Filing and docketing - hearings- election day restriction — change of name.] That petitions for naturalization may be made and filed during term time or vacation of the court and shall be docketed the same day as filed, but final action thereon shall be had only on stated days, to be fixed by rule of the court, and in no case shall final action be had upon a petition until at least ninety days have elapsed after filing and posting the notice of such petition: Provided, That no person shall be naturalized nor shall any certificate of naturalization be issued by any court within thirty days preceding the holding of any general election within its territorial jurisdiction. It shall be lawful, at the time and as a part of the naturalization of any alien, for the court, in its discretion, upon the petition of such alien, to make a decree changing the name of said alien, and his certificate of naturalization shall be issued to him in accordance therewith. [34 Stat. L. 598.]

SEC. 7. [Naturalization forbidden to anarchists or polygamists.] That no person who disbelieves in or who is opposed to organized government, or who is a member of or affiliated with any organization entertaining and teaching such disbelief in or opposition to organized government, or who advocates or teaches the duty, necessity, or propriety of the unlawful assaulting or killing of any officer or officers, either of specific individuals or of officers generally, of the Government of the United States, or of any other organized government, because of his or their official character, or who is a polygamist, shall be naturalized or be made a citizen of the United States. [34 Stat. L. 598.]

SEC. 8. [Speaking English required — physical incapacity - not applicable to prior declarations - homestead entrymen.] That no alien shall hereafter be naturalized or admitted as a citizen of the United States who can not speak the English language: Provided, That this requirement shall not apply to aliens who are physically unable to comply therewith, if they are otherwise qualified to become citizens of the United States: And provided further, That the requirements of this section shall not apply to any alien who has prior to the passage of this Act declared his intention to become a citizen of the United States in conformity with the law in force at the date of making such declaration: Provided further, That the requirements of section eight shall not apply to aliens who shall hereafter declare their intention to become citizens and who shall make homestead entries upon the public lands of the United States and comply in all respects with the laws providing for homestead entries on such lands. [34 Stat. L. 599.]

SEC. 9. [Final hearings record of orders, etc.] That every final hearing upon such petition shall be had in open court before a judge or judges thereof, and every final order which may be made upon such petition shall be under the hand of the court and entered in full upon a record kept for that purpose, and upon such final hearing of such petition the applicant and witnesses shall be