Pub. No. 64, sec. 1, approved Oct. 6, 1917); and duplicate declarations of intention may be inclosed therewith or forwarded by ordinary mail. Each clerk making a shipment of naturalization papers shall forward therewith a report on Form 2208 showing the number of such papers filed or issued during the month or portion of month reported. Where petitions for naturalization have been filed, report on Form 2209, showing the approximate dates of hearings, shall also be inclosed with such shipment. When no naturalization business has been transacted during any month it is unnecessary to render a report to that effect other than the quarterly report on Form 2212. (See Rule 23.)

23. All fees provided for in section 13 of the act of June 29, 1906, shall be accounted for on the "Abstract of collections" (Form 2212) within 30 days after the close of each quarter of a fiscal year. These quarters end September 30, December 31, March 31, and June 30, respectively. One-half of all moneys so collected, up to $6,000, and all in excess thereof, shall be remitted to the Commissioner of. Naturalization, Bureau of Naturalization, with said quarterly account, such remittance to be made payable to the order of the Secretary of Labor, preferably by draft. If collections for the first quarter of a fiscal year are $1,500 or over, the clerk of court must not retain more than $750. If collections for the first and second quarters total $3,000 or over, the clerk must not retain more than a total of $1,500 for the two quarters. If collections for the first, second, and third quarters total $4,500 or over, the clerk must not retain more than a total of $2,250 for the three quarters, and not more than a total of $3,000 for the entire fiscal year where the total collections for the year are $6,000 or over.

The Comptroller of the Treasury has decided that section 13 requires the collection of the final fee of $2, or a total of $4, at the time the petition for naturalization is filed whether the certificate of naturalization be issued or denied.

In cases where no naturalization business is transacted during any quarter, Form 2212 shall be forwarded as aforesaid with the words "No transactions noted thereon.

24. (a) Where a petition for naturalization is filed under the seventh subdivision of section 4 by an honorably discharged soldier, sailor, or marine, insert after the information regarding declaration of intention: "I am an honorably discharged soldier, sailor, or marine) and apply for citizenship under the seventh subdivision of section 4 of the act of June 29, 1906, as amended. I enlisted in the (name of organization) on the (day, month, and year)." That portion of the last paragraph preceding the signature of the petitioner relating to the certificate of arrival should be struck through when the alien arrived on or prior to June 29, 1906. When the arrival was after that date, none of the words should be struck through. The statement following the signature of the petitioner to the body of the petition relating to the certificate of arrival should be struck through in cases of aliens arriving on or before June 29, 1906; but for those arriving after that date none of the words should be struck through, and in both cases the entry should also be made "Honorable discharge certificate of petitioner was exhibited to me this day of" An appropriate note should also be entered upon the stub of the certificate issued to said applicant. (Sec. 2166, Revised Statutes, was expressly repealed by sec. 2 of the act approved May 9, 1918, except as to those aliens who, prior to Jan. 1, 1900, served in the Armies of the United States and were honorably discharged therefrom.)

(b) No petition may be legally filed under the seventh subdivision of section 4 of the act of June 29, 1906, as amended by the act of May 9, 1918, until the applicant has first passed the preliminary examination by a representative of the Bureau of Naturalization. The entries to be made and the action to be taken by the clerk of the court in a petition for naturalization under this subdivision will be explained by the representative of the Bureau. (c) Petitions for naturalization under the sixth subdivision of section 4 may be legally filed by children of a deceased declarant only after such children who were minors at the time of the death of the father have attained their mapority, and provided the declaration of intention filed by the father is not less than two nor more than seven years old. Where a petition is filed by a child under the foregoing conditions, the fifth assertion should be altered

to read: "My father declared his intention to become a citizen of the United States on he day of— A. D. and died on A. D.

the

day of

(d) Where a petition for naturalization is filed under the sixth subdivision of section 4 by the widow of a deceased declarant, the fifth assertion should be altered to correspond to the foregoing in relation to the child, with the exception that the word "husband" should be inserted instead of the word "father."

(e) In the last two cases referred to the words in the paragraph immediately preceding petitioner's first signature should be altered to show that the father's or husband's declaration (as the case may be), or a certified copy thereof, is attached to the original petition, and the statement of the clerk of the court immediately below the first signature of the petitioner should be changed to show the facts. If the petitioner arrived in the United States prior to June 29, 1906, the words in statement immediately preceding the first signature of petitioner and thereafter, having reference to the certificate of arrival should also be struck through. If the petitioner arrived in the United States after June 29, 1906, certificate of arrival must be obtained in accordance with Rule 5 of these regulations, and the words in the two statements above referred to should remain unaltered.

(f) Where a petition for naturalization is filed by the widow of an alien, based upon her own declaration of intention, the date of her husband's demise should be shown in the fifth assertion.

(g) Naturalization papers may be legally filed by any unmarried woman who is otherwise qualified, or the widow of a foreign-born person not naturalized, but not by a woman during the existence of the marital relation. Notation of the facts in each case should be made upon the face of each paper before it is issued.

(h) Certain aliens not subjects of enemy countries are permitted to petition for naturalization under the terms of the tenth subdivision of section 4 of the act of June 29, 1906, as amended by the act of June 25, 1910 (now repealed), and amended by the act of May 9, 1918, without proof of previous declarations of intention. Clerks of courts should state in lieu of the information regarding the declaration of intention, "Filed under subdivision 10th, section 4, act of June 29, 1906, amended by act of May 9, 1918," and the statement following the first signature of the petitioner should be changed so as to read, "Declaration of intention omitted under the terms of subdivision 10th, section 4, act of June 29, 1906, as amended by act of May 9, 1918." Affidavit setting forth particulars as to the reason for the exemption claimed must be signed and sworn to by the petitioner in triplicate before the clerk of the court or his authorized deputy. The affidavit form to be used will be furnished by the Bureau as the individual cases arise, and not upon general requisition. The prescribed affidavit form (not an affidavit drawn up on the typewriter or otherwise) should be used in all such cases. In the event this form is not presented by an officer in the Naturalization Service, it will be forwarded to the clerk of the court for use in any case to which it relates, after examination of the duplicate petition in the bureau. (Subjects of enemy countries who were entitled to petition for naturalization under the act of June 25, 1910, repealed, which permitted the filing of petitions under certain conditions without the filing of declarations of intention had such right preserved to them by the eleventh subdivision of section 4 of the act of June 29, 1906, as amended by the act of May 9, 1918. When filing petitions in such cases clerks of courts should make the same entries as shown above, with the exception that "11th" should be entered after the word "subdivision" in both statements.)

(i) Where a petition is filed under the eleventh subdivision of section 4, and is based on service in the United States Army, Navy, Marine Corps, or Naval Auxiliary Service, the dates of enlistment and discharge should be shown, and the clerk of court should certify immediately above the statement that declaration of intention has been attached to the petition, "Honorable discharge certificate exhibited to me this date." (Where the petition is based on the provisions of the act of June 25, 1910, now repealed, the assertion in the petition having reference to the declaration of intention should be struck through, and in lieu thereof statement should be inserted that the

petition is "Filed under the provisions of subdivision 11th, section 4, of the act of June 29, 1906, as amended by act of May 9, 1918," and the statement following the first signature of the petitioner in the petition should be changed so as to read, "Declaration of intention omitted under subdivision 11th, section 4, of the act of June 29, 1906, as amended by act of May 9, 1918.")

(k) The following oath of allegiance has been adopted for all who come within the provisions of subdivision twelfth of section 4: "I hereby declare on oath, that I absolutely and entirely renounce and adjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty; that I will support and defend the Constitution and laws of the United States of America against all enemies, foreign and domestic, and that I will bear true faith and allegiance to the same." Anyone who is deemed to have expatriated himself and to whom the provisions of subdivision twelfth are applicable should appear before the appropriate court, or if abroad, American consular representative, and take this oath of allegiance. If taken abroad, the Form 131 should be executed in duplicate and forwarded to the Department of State by the consular officer. If taken in the United States, Form 136 should be executed in triplicate, and two copies forwarded to the Bureau of Naturalization, one being retained, as a part of the court records, by the clerk of court. Where the oath is taken abroad it is desirable that an American passport should be issued to the person taking such oath to enable him to reenter the United States, and thus avoid any difficulties at the port of entry into this country.

Note.-Section 2 of the act of March 2, 1907, provides that any American citizen shall be deemed to have expatriated himself when he has taken an oath of allegiance to any foreign state. The last proviso of that section is as follows: "And provided also, That no American shall be allowed to expatriate himself when this country is at war." In view of the foregoing, the oath of allegiance will not be required of American citizens who have subscribed to an oath of allegiance after April 5, 1917, for the purpose of entering the military or naval service of any country associated with the United States in the World War, since by this last proviso they are not allowed to expatriate themselves except during time of peace. An American citizen who took an oath or obligation prior to April 6, 1917, to enable him to serve in the military or naval forces of a country which was at war with a country with which the United States was at war, and thereby expatriated himself, may have his American citizenship restored by complying with the terms of subdivision twelfth.

(1) Where a petition is filed under the thirteenth subdivision of section 4 the alien must produce a declaration of intention at least two and not more than seven years old; he must obtain certificate of arrival if he came to the United States after June 29, 1906; and he must have his petition posted for at least 90 days before the final hearing thereof. The words having reference to the declaration of intention in the petition should be struck through, and in lieu thereof the following should be inserted: "I am an honorably discharged member of (name of organization) and apply for citizenship under subdivision 13th of section 4 of the act of June 29, 1906, as amended by act of May 9, 1918. I entered the (state branch of the service) on the (day, month, and year) and was discharged (day, month, and year)." The clerk of the court should certify immediately below the statement having reference to the

attaching of the declaration "Honorable discharge certificate exhibited to me this

day of

"

25. So far as practicable the clerks of courts having jurisdiction under the provisions of the naturalization laws will be furnished, upon requisition therefor on Form 2201, with appropriately addressed envelopes for communicating with the bureau. When not using such envelopes, however, all communications, in addition to the other necessary address, should be plainly marked "Bureau of Naturalization."

26. Clerks of courts having jurisdiction to naturalize under the provisions of the act of June 29, 1906, are requested, in case the foregoing rules and regulations fail to remove from their minds doubt as to the proper course of action in any case, to write to the Commissioner of Naturalization, Bureau of Naturalization, for instructions before taking such action.

(Signed) LOUIS F. POST,

Acting Secretary.

THE ELECTIVE FRANCHISE.

Interference with freedom of elections by officers of Army or Navy.

No officer of the army or navy of the United States shall prescribe or fix, or attempt to prescribe or fix, by proclamation, order, or otherwise, the qualifications of voters in any State, or in any manner interfere with the freedom of any election in any State, or with the exercise of the free right of suffrage in any State.

U. S. R. S., § 2003.

Race, color, or previous condition not to affect the right to vote.

All citizens of the United States who are otherwise qualified by law to vote at any election by the people in any State, Territory, district, county, city, parish, township, school district, municipality, or other territorial subdivision, shall be entitled and allowed to vote at all such elections, without distinction of race, color, or previous condition of servitude; any constitution, law, custom, usage, or regulation of any State or Territory, or by or under. its authority, to the contrary notwithstanding.

U. S. R. S., § 2004.

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