CHAPTER 69. PROCEDURE UNDER NATURALIZATION AND EXCLUSION LAWS. § 2380. Procedure for naturalization-declaration of intention. § 2381. -petition for citizenship and contents thereof. -verification of petition. certification from commerce department to be filed therewith. declaration of allegiance, etc., in open court. § 2382. § 2383. § 2384. § 2385. -evidence required at hearing. § 2387. § 2388. § 2389. § 2390. § 2391. § 2392. § 2393. § 2394. § 2395. § 2396. § 2397. § 2398. § 2399. § 2400. § 2401. § 2402. § 2403. § 2404. Naturalization of widow and children of deceased applicant. Petitions heard only after ninety days-not before election- Anarchists and polygamists excluded. Final hearing in open court-examination of witnesses, etc. Duties of clerk, records and reports-penalties for failure. Papers to be bound and certificates numbered. Proceedings for cancellation of certificates-notice, service and publication. -cancellation where certificate holder leaves country. -copy of order of cancellation to bureau and to court of issuance. -provisions as to cancellation applicable to existing certificate. Secretary of Commerce to prescribe rules-certificates, etc., as evidence. Provisions as to persons owing permanent allegiance. Removal of Chinese not entitled to be or remain in the United § 2405. -procedure on arrest and removal. § 2406. -photograph of Chinese to be attached to bail bond. § 2407. -commissioner may be designated by district attorney. § 2408. -fees of commissioner. § 2380. Procedure for naturalization-declaration of intention. An alien may be admitted to become a citizen of the United States in the following manner and not otherwise: First. 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. First paragraph of § 4, act June 29, 1906, c. 3592, 34 Stat. 596, 597. The act provided the form of the declaration, which will be found among the forms in the appendix.20 The courts "authorized by this act to naturalize aliens" are specified by § 3 of the above act: "United States circuit and district courts now existing or which may hereafter be established by Congress in any State, United States district courts for the Territories of Arizona, New Mexico, Oklahoma, Hawaii and Alaska, the supreme court of the District of Columbia, and the United States courts for the Indian Territory; also all courts of record in any State or Territory now existing or which may hereafter be created, having a seal, a clerk, and jurisdiction in actions at law or equity, or law and equity, in which the amount in controversy is unlimited."1 § 2381.petition for citizenship and contents thereof. 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 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 20 Appendix, III. F. 60. 134 Stat. 596. 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 or 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 final hearing of his application. First part of second paragraph of § 4, act June 29, 1906, c. 3592, 34 The form of the petition is prescribed in the act and will be found in the appendix.1 § 2382.-verification of petition. 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 1See Appendix, III. F 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. Part of second paragraph of § 4, act June 29, 1906, c. 3592, 34 Stat. 597. The form of the witnesses' affidavit is set forth in the appendix.2 § 2383. certification from commerce department to be filed therewith. 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. Last part of second paragraph of § 4, act June 29, 1906, c. 3592, 34 § 2384. declaration of allegiance, etc., 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. Third paragraph of § 4, act June 29, 1906, c. 3592, 34 Stat. 597, 598. 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 Terrritory 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 prinicples of the Constitution of the United States, 2See Appendix, III. F. 62. 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. Fourth paragraph of § 4, act June 29, 1906, c. 3592, 34 Stat. 598. § 2386. Renunciation of former titles. 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. Fifth paragraph of § 4, act June 29, 1906, c. 3592, 34 Stat. 598. § 2387. Naturalization of widow and children of deceased applicant. 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 provisons of this act, be naturalized without making any declaration of intention. Sixth paragraph of § 4, act June 29, 1906, c. 3592, 34 Stat. 598. § 2388. Notice of hearing on petition-subpoenas to witnesses. The clerk of the court shall, immediately after filing the petition, give 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 cannot be produced upon the final hearing other witnesses may be summoned. § 5 of act June 29, 1906, c. 3592, 34 Stat. 597. |