case of other reports required of clerks of courts by this Act. Sec. 342 (i), act of Oct. 14, 1940 (54 Stat. 1162); 8 U. S. C. 742.

The original text of this section, based on paragraph 7, added to section 4, act of June 29, 1906, by section 1, act of May 9, 1918 (40 Stat. 542) as amended; 8 U. S. C. 388, was expressly repealed by section 504, act of October 14, 1940 (54 Stat. 1172).

The subject matter is covered by the above provisions.

For provision for naturalization of military personnel applicable during the present war only, see 2269, post.

Notes of Decisions

Under Federal naturalization statutes, citizenship by naturalization is limited to white race and Africans, and such limitation extends to native Filipinos as a racial group, although individual Filipinos possessing necessary personal qualifications for acceptance in service of Navy or other designated establishment and satisfactorily completing threeyear term of enlistment therein are eligible for naturalization. 8 U. S. C. 359, 360, 388. Treaty of Paris, April 11, 1899, 30 Stat. 1754; Act Cong. July 1, 1902, sec. 4, 32 Stat. 692. De Cano v. State (Wash., 1941), 110 P. (2d) 627.

Native Filipinos may be citizens of Philip

pine Islands, but are not "citizens" of United
States. 8 U. S. C. 359, 360, 388; Treaty of
Paris, April 11, 1899, 30 Stat. 1754; Act
Cong. July 1, 1902, sec. 4, 32 Stat. 692.

Id.

Native Filipinos as a race or class are noncitizens ineligible to citizenship by naturalization within anti-alien land law prohibiting ownership of land by "aliens," who are defined in such law as all persons who are noncitizens and who are ineligible to citizenship by naturalization. 8 U. S. C. 359, 388. Id.

A native Filipino not showing that his ultimate naturalization was feasible by applying for enlistment and procuring his induction into United States Navy, Marine Corps, Naval Auxiliary Service or Coast Guard, did not in "good faith" declare his intention to become citizen within provision of anti-alien land law that the term alien does not include an alien who has in good faith declared his intention to become a citizen. 8 U. S. C. 359, 388. Id.

561a. Naturalization; veterans of Spanish War, World War, or Mexican Border service.-A person who was a member of the military or naval forces of the United States at any time after April 5, 1917, and before November 12, 1918, or at any time after April 20, 1898, and before July 5, 1902, or who served on the Mexican Border as a member of the Regular Army or National Guard from June 1916, to April 1917, who is not an alien ineligible to citizenship, who was not at any time during such period or thereafter separated from such forces under other than honorable conditions, who was not a conscientious objector who performed no military duty whatever or refused to wear the uniform, and who was not at any time during such period or thereafter discharged from the military or naval forces on account of his alienage, shall, if he has resided in the United States continuously for at least two years pursuant to a legal admission for permanent residence in lieu of the usual five years' residence within the United States and six months' residence within the State of his residence at the time of filing the petition for naturalization, during all of which two-year period he has behaved as a person of good moral character, be entitled at any time within one year after the date of approval of this Act to naturalization upon compliance with all of the requirements of the naturalization laws, except that(1) no declaration of intention shall be required;

(2) no certificate of arrival shall be required unless such person's admission to the United States was subsequent to March 3, 1924; and

(3) no residence within the jurisdiction of the court shall be required. Such petitioner shall verify his petition for naturalization by the affidavits of at least two credible witnesses who are citizens of the United States, or shall furnish the depositions of two such witnesses made in accordance with the requirements of subsection (e) of section 327 of the Nationality Act of 1940, to prove the required residence, good moral character, attachment to

the principles of the Constitution of the United States, and favorable disposition toward the good order and happiness of the United States. On applications filed for any benefits under this Act, the requirement of fees for naturalization documents is hereby waived. Sec. 323a, added to act of Oct. 14, 1940, by act of Dec. 7, 1942 (56 Stat. 1041); 8 U. S. C. 723a.

562. Naturalization; alien declarants enlisted conditionally.

The original text of this section, based on paragraph 7, added to section 4, act of June 29, 1906, by section 1, act of May 9, 1918 (40 Stat. 542); 8 U. S. C. 389, was expressly repealed by section 504, act of October 14, 1940 (54 Stat. 1172).

The subject matter is covered by 561, ante.

563. Naturalization; alien veterans.

The original text of this section, based on paragraph 13, added to section 4, act of June 29, 1906, by section 1, act of May 9, 1918 (40 Stat. 546); 8 U. S. C. 391; section 1, act of May 26, 1926 (44 Stat. 654); 8 U. S. C. 241; section 1(a), act of May 25, 1932 (47 Stat. 165); 8 C. S. C. 392b; act of June 24, 1935 (49 Stat. 395); 8 U. S. C. 392b, 392c, 392d: act of June 24, 1935 (49 Stat. 397); 8 U. S. C. 392e, 392f, 392g; act of August 23, 1937 (50 Stat. 743); 8 U. S. C. 392b, 302c, 392d, and act of June 21, 1939 (53 Stat. 851); 8 U. S. C. 392b, 392c. 392d, was expressly repealed by section 504, act of October 14, 1940 (54 Stat. 1172). The subject matter is covered by 561, ante.

564. Naturalization; aliens owing permanent allegiance to the United States.

The original text of this section, based on paragraph 7, added to section 4, act of June 29, 1906, by section 1, act of May 9, 1918 (40 Stat. 543): 8 U. S. C. 393, was expressly repealed by section 504, act of October 14, 1940 (54 Stat. 1172).

The subject matter is covered by 561, ante.

565. Naturalization; neutral declarants withdrawing intention to escape military service.

The original text of this section, based on section 4, Chapter XII, act of July 9, 1918 (40
Stat. 885); 8 U. S. C. 366, and act of February 11, 1931 (46 Stat. 1087); 8 U. S. C. 366a,
was expressly repealed by section 504, act of October 14, 1940 (54 Stat. 1172).
The subject matter is covered by 561, ante.

565a. Emigration of Filipinos from the United States.-That any native Filipino residing in any State or Territory or the District of Columbia on the effective date of this Act, who desires to return to the Philippine Islands, may apply to the Secretary of Labor, upon such form as the Secretary may prescribe, through any officer of the Immigration Service for the benefits of this Act. Upon approval of such application, the Secretary of Labor shall notify such Filipino forthwith, and shall certify to the Secretary of the Navy and the Secretary of War that such Filipino is eligible to be returned to the Philippine Islands under the terms of this Act. Every Filipino who is so certified shall be entitled, at the expense of the United States, to transportation and maintenance from his present residence to a port on the west coast of the United States, or in the case of a Filipino residing in Hawaii, to a port in that Territory, and from such port, to passage and maintenance to the port of Manila, Philippine Islands, on either Navy or Army transports, whenever space on such transports is available, or on any ship of United States registry operated by a commercial steamship company which has a contract with the Secretary of Labor as provided in section 2. Sec. 1, act of July 27, 1939 (53 Stat. 1133); 48 U. S. C. 1251. The Secretary of Labor is authorized and directed to prescribe such rules and regulations as may be necessary to carry out this Act, to enter into the necessary arrangements with the Secretary of War and the Secretary of the Navy, to fix the ports on the west coast of the United States and in Hawaii from which any Filipinos shall be transported and the dates upon which transportation shall be available from such ports, to provide for the identification of the Filipinos entitled to the benefits of this Act, and to

prevent voluntary interruption of the journey between the port of embarkation in the United States or Hawaii and the port of Manila, Philippine Islands. Sec. 3, act of July 27, 1939 (53 Stat. 1133); 48 U. S. C. 1253.

Nothing in this Act shall be construed as authority to deport any native of the Philippine Islands, and no Filipino removed from any State or Territory or the District of Columbia under the provisions of this Act shall hereafter be held to have been deported from the United States. Sec. 7, act of July 27, 1939 (53 Stat. 1134); 48 U. S. C. 1257.

Retirement-Continued.

Military service counted under Railroad Retirement Act, 696a. Training of employees, 698. of annuity pay- Voluntary service, 699.

Annuities; application and payment, 691.
Board of Actuaries, 694.
Administration, recovery
ments, 695.

Witnesses before committees of Congress, 700. 566a. Appointment; citizenship.-Unless otherwise specified and until July 1, 1944, no part of any appropriation contained in this or any other Act shall be used to pay the compensation of any officer or employee of the Government of the United States (including any agency the majority of the stock of which is owned by the Government of the United States) whose post of duty is in continental United States unless such person (1) is a citizen of the United States, (2) is a person in the service of the United States on the date of enactment of this Act who, being eligible for citizenship, had filed a declaration of intention to become a citizen of the United States prior to such date, or (3) is a person who owes allegiance to the United States: Provided, That for the purpose of this section, an affidavit signed by any such person shall be considered prima facie evidence that the requirements of this section with respect to his status have been complied with: Provided further, That any person making a false affidavit shall be guilty of a felony and, upon conviction, shall be fined not more than $1,000 or imprisoned for not more than one year, or both: Provided further, That the above penal clause shall be in addition to, and not in substitution for, any other provisions of existing law: Provided further, That any payment made to any officer or employee contrary to the provisions of this section shall be recoverable in action by the Federal Government. This section shall not apply to citizens of the Commonwealth of the Philippines or to nationals of those countries allied with the United States in the prosecution of the * Sec. 205, Independent Offices Appropriation Act of June 26, 1943 (57 Stat. 196). ** *Provided further, That provisions of law prohibiting the payment of any person not a citizen of the United States shall not apply to military and civilian personnel in and under the Military Establishment: * * * Military Appropriation Act of June 28, 1944 (58 Stat. 575); 10 U. S. C. 920.

war:

* *

That, notwithstanding the language contained in the second proviso under the subheading "Pay, and so forth, of the Army" of the Act of July 1, 1937 (50 Stat. 446), and similar provisos of other Acts heretofore or hereafter enacted, any alien otherwise eligible for enlistment in the Regular Army, who shall have been an enlisted man therein for any period subsequent to June 30, 1937, who shall have made a valid and still effective declaration of intention to become a citizen of the United States, or shall have furnished prima facie evidence of his eligibility for admission to such citizenship without prior formal declaration of intention, and shall have agreed in writing to complete his naturalization without unnecessary delay, shall up to and including June 30, 1943, be deemed eligible (1) if in the service, for continuance therein until expiration of current enlistment, for reenlistment, and for continuance in the service under such reenlistment not later than June 30, 1943; (2) if not in the service, for reenlistment and for continuance in the service under such reenlistment not later than June 30, 1943; and (3) in either case for receipt while so serving of the pay of his grade and length of prior service: Provided, That Filipinos who were serving in the Army on July 1, 1937, may be retained in the service under current enlistments and may be reenlisted without regard to their citizenship status, and may receive their proper pay and allowances under such enlistments and reenlistments. Act of Aug. 19, 1937 (50 Stat. 696); act of Aug. 16, 1940 (54 Stat. 788); 10 U. S. C. 626α.