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might, before they took action on the applications, be apprised of the worthiness or unworthiness for American citizenship of the applicants.” 6

The law of 1906 has been modified in slight respects. The so-called “Soldier Act” of 1918 8 permitted approximately 170,000 foreign-born soldiers and sailors in the American service during the World War to be admitted into American citizenship without compliance with the usual formalities. It was felt by many that, if those in the service were good enough to fight for this country, they were good enough to be citizens. Many were admitted to citizenship in the camps throughout the country, and some through applications filed abroad while in the service.

Many of the earlier laws have been repealed.” 3. Activities

The duties of the Bureau of Naturalization are to supervise the work of the courts in naturalization matters, to require an accounting from the clerks of courts for all naturalization fees collected by them, examine and audit these accounts, deposit them in the Treasury of the United States through the disbursing clerk of the department, and render an accounting therefor quarterly to the Auditor for the State and other departments, to conduct all correspondence relating to naturalization, and, through its field officers located in various cities of the United States, to investigate the qualifications of the candidates for citizenship and represent the government at the hearings of petitions for naturalization. In its administration of the naturalization laws the bureau obtains the co-operation of the public school authorities throughout the United States, receives reports therefrom of courses in citizenship instruction, and, acting as a clearing house of information on civic instruction, it disseminates the information received throughout the public school system. It stimulates the preparation of candidates for citizenship for their new responsibilities by bringing them into contact at the earliest moment with the Americanizing influences of the public school system.

In the archives of the bureau are filed duplicates of all certificates of naturalization granted since September 26, 1906, as well as the preliminary papers of all candidates for citizenship filed since that date.

District directors of naturalization, assistant district directors of naturalization, head naturalization examiners, and naturalization examiners, and each of them, when appearing on behalf of the United States before courts in naturalization proceedings, have the right to examine and cross-examine the petitioner and witnesses produced in support of his right to admission to citizenship, and the right to call witnesses, produce evidence, and to be heard in opposition to the granting of any petition in such naturalization proceedings.

6 “Making New Americans," James J. Davis, in “Humanity in Government,” Bureau of Labor Bulletin 346, p. 11.

7 Act June 29, 1906 (34 Stat. 596); Act March 2, 1907 (34 Stat. 1228 (Comp. St. $$ 3958–3964]); Act March 4, 1909 (35 Stat. 1102); Act June 25, 1910 (36 Stat. 830); Act Feb. 24, 1911 (36 Stat. 929 [Comp. St. § 4365]); Act March 4, 1913 (37 Stat. 736 [Comp. St. 8 932 et seq.]); Act June 30, 1914 (38 Stat. 395); Act March 2, 1917 (39 Stat. 953); Act Oct. 5, 1917 (40 Stat. 340).

8 Act May 9, 1918 (40 Stat. 542).

9 For acts and parts of acts repealed, see subdivisions 11 and 12 of section 4, and section 26 of the act of 1916, and section 2 of the act of 1918 (40 Stat. 516).

These naturalization officers, before proceeding to the final hearing of any petition for naturalization, shall require proof of the posting of the petition in accordance with law, and in default of such proof must move that the final hearing on such petition be continued pending the submission of such proof of posting.

It is the duty of all district directors of naturalization, assistant district directors of naturalization, head naturalization examiners, and naturalization examiners, believing or having reason to believe that any certificate of naturalization has been wrongfully issued, or fraudulently or illegally procured, or that an offense has been committed against the naturalization laws, to immediately investigate or cause to be investigated all facts and circumstances concerning the issuance of such certificate, or the commission of such offense, and report the same in writing to the Commissioner of Naturalization, with appropriate recommendations; and where such investigation indicates the probable commission of an offense, a duplicate of such report must be forwarded to the proper United States district attorney.

For the purpose of promoting instruction and training in citizenship responsibilities of aliens who are applicants for naturalization, district directors of naturalization, within their respective districts, freely co-operate with the proper public school authorities and others engaged in such work, and cause the Federal Citizenship Text-Book published by the Bureau of Naturalization to be distributed to alien candidates for citizenship who are in attendance upon public schools offering such instruction and training. 4

4. Rules Applying the Naturalization Laws

(a) Rules 2 and 3 of Naturalization Rules and Regulations,10 relate to the duties of clerks of courts and official forms in connection with naturalization.

(b) A declaration of intention made by an alien who is, or whose husband"1 is, of Chinese, 12 Japanese,13 or the Hindu14 race, will not be filed in a court having naturalization jurisdiction; nor of an alien who does not reside within the judicial district of such court.

(c) Where an alien has assumed a name other than his true name, both names must be signed. 15

(d) An alien candidate for citizenship must be at least 21 years of age at the time he executes his petition for naturalization.16

4 “Making New Americans," James J. Davis, in “Humanity in Government,” Bureau of Labor Bulletin 346, p. 10.

10 Naturalization Laws and Regulations, June 15, 1924, Department of Labor, Government Printing Office, pp. 31–42. Price 10 cents.

11 Act Sept. 22, 1922 (42 Stat. 1021).
12 Act May 6, 1882 (22 Stat. 61 (Comp. St. § 4290 et seq.]).

13 Takao Ozawa v. U. S., 260 U. S. 178, 43 S. Ct. 65, 67 L. Ed. 199; Takuji Yamashita y. Hinkle, Secy. of State, 260 U. S. 199, 43 S. Ct. 69, 67 L. Ed. 209.

14 United States v. Bhagat Singh Thind, 261 U. S. 204, 43 S. Ct. 338, 67 L. Ed. 616. 15 Rule 4, Regulations. 16 Rule 5, Id.

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(e) The petition may not be filed within less than two, nor more than seven, years after the declaration of intention.

(f) A petition for naturalization, executed by the widow and minor children of a deceased declarant, pursuant to the provisions of the sixth subdivision of section 4 of the Act of June 29, 1906, as amended, shall be made and filed not less than two nor more than seven years after the filing of the declaration of intention by the deceased husband and father.16

(g) An alien arriving in the United States subsequent to June 29, 1906, must attach a "certificate of arrival” (form 145 or 526), showing time, place, and manner of such alien's arrival, to his petition; so also as to a petition of a married woman seeking to regain American citizenship lost through marriage to an alien when, during the continuance of the marital status, the petitioner resided outside the United States, or where the original arrival in the United States was subsequent to June 29, 1906. Telegraphic advices as to such data may be obtained by district directors and head naturalization examiners at the expense of the alien candidate.17

(h) Proof of Residence; Depositions. Where a portion of the residence alleged in the petition for naturalization has been outside of the state, territory, or District of Columbia where such petition is filed, it may be established by the depositions of two or more witnesses, citizens of the United States; the personal appearance or oral testimony of such witnesses at the final hearing shall not be required.16

(i) Where a petition for naturalization is executed by the widow and minor children of a deceased alien who declared his intention to become a citizen of the United States, such declaration of intention or a certified copy thereof shall be filed with and made part of the petition for naturalization.16

(j) A petition for naturalization executed and filed pursuant to the provisions of the tenth subdivision of section 4 of the Act of June 29, 1906, as amended, must be supported by the affidavit of the petitioner (form 146) which may be accepted in lieu of a declaration of intention. Such affidavit shall be executed in duplicate and the original and duplicate thereof shall be attached to the original and duplicate of the petition for naturalization. 16

(k) Where an American Indian who served in the military or naval forces of the United States during the World War seeks to be admitted to citizenship, he shall make a verified application therefor in triplicate (form 5–219) to the proper naturalization examiner, who shall thereupon assist such applicant to execute and file the necessary petition for naturalization. The original and duplicate of the application shall be filed with and made part of the petition for naturalization, and the triplicate shall be forwarded to the proper Indian superintendent.16

1 Act June 29, 1906 (34 Stat. 596), as amended in sections 16, 17, and 19 by Act March 4, 1909 (35 Stat. 1102 (Comp. St. $& 10242, 10243, 10245]); in section 13 by Act June 25, 1910 (36 Stat. 830 (Comp. St. § 4372]), by Act March 4, 1913 (37 Stat. 736 [Comp. St. $ 932 et seq.]), creating the Department of Labor, and by Act May 9, 1918 (40 Stat. 542).

16 Rule 5, Id. 17 Rule 5, Id.

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5. Requirements to Become a Citizen by Naturalization; Aliens Generally

(1) Age.—Must have reached the age of 18 years before declaring intention to become citizen, and must be 21 years of age at least at the time of filing the petition for naturalization.

(2) Declaration of Intention.--Must make and file declaration of intention, in proper form, under oath, before the clerk or deputy clerk of the court in the district in which he resides.

(3) Petition for Naturalization.—Not less than two nor more than seven years after making declaration of intention must make and file petition for naturalization in proper form under oath in the court of the district wherein he then resides.

(4) Certificate of Arrival.-If he arrived in the United States after the 29th day of June, 1906, he must file with the petition for naturalization a certificate from the Department of Labor, stating the date, place, and manner of his arrival in the United States.

(5) Notice.—Notice of the filing of the petition for naturalization and the approximate date for final hearing thereon, together with the names of witnesses, must be posted for at least 90 days prior to the final hearing.

(6) Proof.—He must establish to the satisfaction of the court (1) that immediately preceding the date of his petition for naturalization he has resided continuously within the United States five years at least, and within the State or Territory where the court is, at the time held, one year at least; (2) 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; (3) that he is not an anarchist or a polygamist; and (4) that, being physically able to do so, he can speak the English language.

(7) Witnesses.—In addition to his own oath, 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, is required.

(8) Oath of Allegiance.—Must be taken in open court before he is admitted to citizenship.

(9) Certificate of Naturalization.—Issued only when all of the foregoing requirements are met, and after the final order has been signed by the presiding judge.

6. Same; Widow and Minor Children of Deceased Declarant

(1) Age.—Widow must be 21 years of age at time of filing petition for naturalization.

(2) Declaration of Intention.—None required of the widow, but she must make proof of the declaration of intention made by the husband.

(3) Petition for Naturalization.—Not less than two nor more than seven years after the date of the declaration of intention of the deceased husband, must make and file petition for naturalization in proper form in the court of the district wherein she resides.

(4) Certificate of Arrival.-If widow and children arrived in the United States after the 29th day of June, 1906, a certificate from the Department of Labor stating the date, place, and manner of arrival in the United States must be filed with the petition.

(5) Notice.-Notice of the filing of the petition for naturalization and the approximate date for final hearing thereon, together with the names of witnesses, must be posted for at least 90 days prior to the final hearing.

(6) Proof.—The death of the husband must be established, and his declaration of intention or a certified copy thereof must be presented, in addition to the facts necessary to be established, as set out in paragraph 6 of requirements applicable to aliens generally.

(7) Witnesses.—Two witnesses, citizens of the United States, in addition to the petitioner, are required to prove facts as to residence, moral character, and attachment to the principles of the Constitution.

(8) Oath of Allegiance.—Must be taken in open court before admission to citizenship.

(9) Certificate of Naturalization.—Issued only when all of the foregoing requirements are met, and after the final order has been signed by the presiding judge.

7. Same; Wife and Minor Children of an Insane Declarant

(1) Age.-Wife must be 21 years of age at time of filing petition for naturalization.

(2) Declaration of Intention.—None required of wife, but she must make proof of the declaration of intention made by the husband.

(3) Petition for Naturalization.—Not less than two nor more than seven years after the date of the declaration of intention of the insane husband, must make and file petition for naturalization in proper form in proper court.

(4) Certificate of Arrival.-If wife and children arrived in the United States after the 29th day of June, 1906, a certificate from the Department of Labor stating the date, place, and manner of arrival in the United States, must be filed with the petition.

(5) Notice.-Notice of the filing of the petition for naturalization and the approximate date for final hearing thereon, together with the names of witnesses, must be posted for at least 90 days prior to the final hearing.

(6) Proof.— The facts that husband made declaration of intention, that subsequently thereto he became insane, and that the wife thereafter made a homestead entry under the land laws of the United States, must be satisfactorily established, in addition to proof of the facts set forth in paragraph 6 of the requirements applicable to aliens generally.

(7) Witnesses.—Two witnesses, citizens of the United States, in addition to the petitioner, are required to prove facts as to residence, moral character, and attachment to the principles of the Constitution.

(8) Oath of Allegiance.—Must be taken in open court before admission to citizenship.

(9) Certificate of Naturalization.-Issued only when all of the foregoing requirements are met, and after the final order has been signed by the presiding judge.

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