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APPENDIX L

SENATE COMMITTEE REPORT ON ACT OF MARCH 3, 1931

(Seventy-first Congress, third session, Senate Report No. 1723] The Committee on Immigration, to whom was referred the bill (H. R. 10672) to amend the naturalization laws in espect of posting of notices of petitions for citizenship, having considered the same, reports it back to the Senate with amendments and recommends that as amended the bill do

pass. The purpose of sections 1 and 2 of this bill is to eliminate a great deal of unnecessary work which is now being performed by the clerks of the various courts throughout the United States with no corresponding advantage to the public or the administration of the naturalization law. The present law requires the clerks of courts to make up a notice regarding each petition for citizenship, with information under an appropriate heading, giving 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.

These notices are generally posted in a suitable location in the office or building in which the office of the clerk of the court is located. Where there is any considerable number of names, the notices are generally pasted one on top of the other.

It has been stated by representatives of the Labor Department that these posted notices have made no contribution to the successful administration of the naturalization law during the entire period that they have been required by the act of June 29, 1906, and the repeal of this provision of the law has been recommended, as wholly unproductive of good.

Your committee has added three new sections to the bill.

The purpose of section 3 is to permit persons born in the United States, who have lost United States citizenship by naturalization in a foreign country, but who have returned to the United States for permanent residence, to become naturalized without compliance with the 5-year residence requirement. In lieu thereof the petition may be filed at any time after the expiration of six months following the declaration of intention. Of course, all other requirements of the naturalization laws such as good moral character and attachment to the principles of the Constitution must be complied with. It is believed that the proposed short method of naturalization will benefit a very limited number of persons.

The purpose of section 4 is to eliminate the remaining discrimination against married women in the statute relating to citizenship and naturalization, summarized as follows:

(1) The section permits a woman who since September 22, 1922, has suffered an actual or presumptive loss of her United States citizenship because of foreign residence after marriage to an alien to resume her citizenship in the same manner now prescribed for the resumption of United States citizenship by American women who married aliens prior to September 22, 1922. It will be remembered that an act approved July 3, 1930, repealed the presumption of loss of United States citizenship by a woman on account of foreign residence after marriage to an alien; but since the repeal is not retroactive this bill indicates a way whereby the American woman whose citizenship rights were affected by the presumption may reestablish her citizenship. At the present time there are native-born American women who have presumptively lost their United States citizenship by foreign residence after marriage to foreigners and who have not been able to overcome to the satisfaction of the State Department the now obsolete presumption. Apparently they are not permitted United States passports and are not afforded protection abroad. Yet, since their loss of United States citizenship is merely presumptive, it is doubtful whether any court proceeding for naturalization is now available to them.

(2) The section also repeals the provision of the existing law by which a woman ceases to be a citizen of the United States by her marriage to an ineligible alien. Since a man citizen of the United States does not lose his citizenship by marriage to an ineligible alien, this repeal places the man and the woman citizen on the same footing

(3) The section stipulates that if any woman was a citizen of the United States at birth her race shall not preclude the resumption of United States citizenship heretofore lost by her because of her marriage to an ineligible alien. There are native-born American women of a race ineligible for citizenship who have married men of their own race and thus lost their United States citizenship, their husbands not being American citizens. A man born in the United States and of a race ineligible to citizenship suffers no loss of his United States citizenship because of his marriage to a person of his race.

(4) The section closes the simple method of resumption of United States citizenship (set forth in the act of July 3, 1930) to a women originally an alien and who never possessed United States citizenship except by marriage to a citizen. She may, however, pursue the regular course of naturalization.

(5) The bill subdivision (b) repeals the existing law which declares "that no woman whose husband is not elig ble to citizenship shall be naturalized during the continuance of the marital status." The repeal will equalize as between men and women the law on that point, since no man is refused naturalization as a citizen of the United States because his wife is not eligible to citizenship.

Section 5 is proposed in the interests of veterans of the World War. On March 4, 1931, the privilege of simplified naturalization now granted the veterans of the World War will expire. It is understood that many hundreds, if not thousands, are still laboring under the belief that they became citizens by reason of their service, or upon demobilization. Whether there be few or many, the privilege should be granted for another two years.

APPENDIX M

CONFERENCE COMMITTEE REPORT ON ACT OF MARCH 3, 1931

(House Report No. 2937, Seventy-first Congress, third session) The committee of conference on the disagreeing votes of the two Houses on the amendments of the Senate to the bill (H. R. 10672) to amend the naturalization laws with respect to posting of notices of petitions for citizenship, having met, after full and free conference, have agreed to recommend and do recommend to their respective Houses as follows:

That the Senate recede from its amendment numbered 3.

That the House recede from its disagreement to the amendment of the Senate numbered 1, and agree to the same.

Amendment numbered 2:

That the House recede from its disagreement to the amendment of the Senate numbered 2, and agree to the same with an amendment as follows:

In lieu of the matter proposed to be inserted by the Senate amendment insert the following:

“SEC. 4. (a) Section 3 of the act entitled 'An act relative to the naturalization and citizenship of married women,' approved September 22, 1922, as amended, is amended to read as follows:

“ 'Sec. 3. (a) A woman citizen of the United States shall not cease to be a citizen of the United States by reason of her marriage after this section, as amended, takes effect, unless she makes a formal renunciation of her citizenship before a court having jurisdiction over naturalization of aliens.

*(b) Any woman who before this section, as amended, takes effect, has lost her United States citizenship by residence abroad after marriage to an alien or by marriage to an alien ineligible to citizenship may, if she has not acquired any other nationality by affirmative act, be naturalized in the manner prescribed in section 4 of this act, as amended. Any woman who was a citizen of the United States at birth shall not be denied naturalization under section 4 on account of her race.

"(c) No woman shall be entitled to naturalization under section 4 of this act, as amended, if her United States citizenship originated solely by reason of her marriage to a citizen of the United States or by reason of the acquisition of United States citizenship by her husband.'

“(b) Section 5 of such act of September 22, 1922, is repealed.”

And the Senate agree to the same. That the House recede from its disagreement to the amendment of the Senate to the title of the bill and agree to the same.

ALBERT JOHNSON,

John L. CABLE,
Managers on the part of the House.

HIRAM W. JOHNSON,
DAVID A. REED,

William H. KING,
Managers on the part of the Senate.

STATEMENT OF THE MANAGERS ON THE PART OF THE HOUSE

The managers on the part of the House at the conference on the disagreeing votes of the two Houses on the amendments of the Senate to the bill (H. R. 10672) to amend the naturalization laws with respect to posting of notices of petitions for citizenship, submit the following written statement in explanation of the effect of the action agreed upon by the conferees and recommended in the accompanying conference report:

Amendment No. 1: This amendment permits persons born in the United States who have established permanent residence in a foreign country prior to 1917, and who have heretofore become naturalized under the laws of such country, and who have heretofore been admitted to the United States for permanent residence, to become naturalized without compliance with the 5-year residence requirement. In lieu thereof it is provided that the petition may be filed at any time after the expiration of six months following the declaration of intention but within the statutory 7-year period. The House recedes.

Amendment No. 2: This amendment amends the Cable Act of 1922, as follows:

(1) A woman citizen who hereafter marries an alien ineligible to citizenship shall not lose her citizenship by reason of such marriage.

(2) A woman who heretofore has lost her citizenship by residence abroad after marriage to an alien or by marriage to an ineligible alien may become naturalized according to the short method provided in section 4 of the Cable Act as amended July 3, 1930, and by virtue of subdivision (b) of such section, as amended. After her naturalization she will have the same citizenship status as if her marriage had taken place after the passage of this bill.

(3) A woman who was a citizen of the United States at birth shall not be denied naturalization under section 4 of the Cable Act, as amended, by reason of her race.

(4) The quick method of naturalization given to certain classes of women by the Cable Act, as amended, is denied to women whose citizenship originated solely by reason of marriage to a citizen of the United States.

(5) This amendment also repeals the provision of the Cable Act denying naturalization to a woman married to an alien ineligible to citizenship.

The House recedes with an amendment limiting the benefits set forth in paragraph (2) of this statement to women who have not acquired any other nationality by affirmative act, and with other amendments making clarifying changes.

Amendment No. 3: This amendment extends for two years more the time in which alien veterans may become naturalized under the short method of naturalization, this privilege under the existing law expiring on March 4, 1931. The Senate recedes.

The Senate amended the title of the House bill, and the House recedes from its disagreement to this amendment.

ALBERT JOHNSON,

John L. CABLE, Managers on the part of the House.

APPENDIX N

MARRIED WOMEN'S INDEPENDENT CITIZENSHIP ACT, AS AMENDED

Naturalization and citizenship of married women Be it enacted, etc., That the right of any woman to become a naturalized citizen of the United States shall not be denied or abridged because of her sex or because she is a married woman.

Sec. 2. That any woman who marries a citizen of the United States after the passage of this act, or any woman whose husband is naturalized after the passage of this act, shall not become a citizen of the United States by reason of such marriage or naturalization; but, if eligible to citizenship, she may be naturalized upon full and complete compliance with all requirements of the naturalization laws, with the following exceptions:

(a) No declaration of intention shall be required; (b) In lieu of the 5-year period of residence within the United States and the 1-year period of residence within the State or Territory where the naturalization court is held, she shall have resided continuously in the United States, Hawaii, Alaska, or Puerto Rico for at least one year immediately preceding the filing of the petition.

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SEC. 3. (a) A woman citizen of the United States shall not cease to be a citizen of the United States by reason of her marriage after this section, as amended, takes effect, unless she makes a formal renunciation of her citizenship before s court having jurisdiction over naturalization of aliens.

(6) Any woman who before this section, as amended, takes effect has lost her United States citizenship by residence abroad after marriage to an alien or by marriage to an alien ineligible to citizenship may, if she has not cquired any other nationality by affirmative act, be naturalized in the manner prescribed in section 4 of this act, as amended. Any woman who was a citizen of the United States at birth shall not be denied naturalization under section 4 on account of her race.

(c) No woman shall be entitled to naturalization under section 4 of this act, as amended, if her United States citizenship originated solely by reason of her marriage to a citizen of the United States or by reason of the acquisition of United States citizenship by her husband.

Sec. 4. (a) A woman who has lost her United States citizenship by reason of her marriage to an alien eligible to citizenship or by reason of the loss of United States citizenship by her husband may, if eligible to citizenship and if she has not acquired any other nationality by affirmative act, be naturalized upon full and complete compliance with all requirements of the naturalization laws, with the following exceptions:

(1) No declaration of intention and no certificate of arrival shall be required, and no period of residence within the United States or within the county where the petition is filed shall be required.

(2) The petition need not set forth that it is the intention of the petitioner to reside permanently within the United States.

(3) The petition may be filed in any court having naturalization jurisdiction, regardless of the residence of the petitioner.

(4) If there is attached to the petition, at the time of filing, a certificate from a naturalization examiner stating that the petitioner has appeared before him for examination, the petition may be heard at any time after filing.

(6) After her naturalization such woman shall have the same citizenship status as if her marriage, or the loss of citizenship by her husband, as the case may be, had taken place after this section, as amended, takes effect.

(c) The amendment made by this section to section 4 of such act of September 22, 1922, shall not terminate citizenship acquired under such section 4 before such amendment.

SEC. 5. (Repealed by act of March 3, 1931.)

Sec. 6. That section 1994 of the Revised Statutes and section 4 of the expatriation act of 1907 are repealed. Such repeal shall not terminate citizenship acquired or retained under either of such sections nor restore citizenship lost under section 4 of the expatriation act of 1907.

SEC. 7. That section 3 of the expatriation act of 1907 is repealed. Such repeal shall not restore citizenship lost under such section nor terminate citizenship resumed under such section. A woman who has resumed under such section citizenship lost by marriage shall, upon the passage of this act, have for all purposes the same citizenship status as immediately prceding her marriage.

(Act of September 22, 1922 (42 Stat. 1021, 1022) as amended by the acts of July 3, 1930 (46 Stat. 854; U. S. C. Sup. IV, title 8, secs. 9 and 369) and March 3, 1931 (Public, 829, 71st Cong.).)

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APPENDIX O

RIGHT TO TERMINATE CITIZENSHIP

Whereas the right to expatriation is a natural and inherent right of all people, indispensable to the enjoyment of the rights of life, liberty, and the pursuit of happiness; and whereas in the recognition of this principle this Government has freely received emigrants from all nations, and invested them with the rights of citizenship; and whereas it is claimed that such American citizens, with their descendants, are subjects of foreign states, owing allegiance to the governments thereof; and whereas it is necessary to the maintenance of public peace that this claim of foreign allegiance should be promptly and finally disavowed: Therefore any declaration, instruction, opinion, order, or decision of any officer of the United States which denies, restricts, impairs, or questions the right of expatriation, is declared inconsistent with the fundamental principles of the Republic. (Act of July 27, 1868; R. S. 1999; U. S. Code, title 8, sec. 15.)

APPENDIX P

METHODS OF TERMINATING CITIZENSHIP * 本 any American citizen shall be deemed to have expatriated himself (or herself) when he or she) has been naturalized in any foreign state in conformity with its laws, or when he (or she) has taken an oath of allegiance to any foreign state. (Sec. 2, act of March 2, 1907; 34 Stat. 1229; U. S. Code, title 8, sec. 17.)

a woman citizen of the United States shall not cease to be a citizen of the United States by reason of her marriage after the passage of this act, unless she makes a formal renunciation of her citizenship before a court having jurisdiction over naturalization of aliens. (Sec. 3, act of September 22, 1922; 42 Stat. 1022; U. S. Code, title 8, sec. 9.)

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APPENDIX Q

NATURALIZATION TREATIES BETWEEN UNITED STATES AND OTHER COUNTRIES

Great Britain-United States, May 13, 1870; “Treaties, Conventions, etc., Between United States and Other Powers”; I, 691.

North German Union-United States, February 22, 1868; “Treaties, Conventions, etc.," II, 1298; Flournoy & Hudson, “Nationality Laws,” p. 661.

Bavaria-United States, May 26, 1868;'“Treaties, Conventions, etc.," I, 60; Flournoy & Hudson, p. 661.

Grand Duchy of Baden-United States, July 19, 1868; “Treaties, Conventions, etc.,” I, 53; Flournoy & Hudson, p. 663.

Kingdom of Wurttemberg-United States, July 22, 1868; “Treaties, Conventions, etc.,” II, 1895; Flournoy & Hudson, p. 665.

Grand Duchy of Hesse-United States, August 1, 1868; “Treaties, Conventions, etc.,”. I, 949; Flournoy & Hudson, p. 666.

Belgium-Únited States, November 16, 1868; “Treaties, Conventions, etc.," I, 80; Flournoy & Hudson, p. 667.

Norway and Sweden-United States, May 26, 1869; "Treaties, Conventions, etc.,” II, 1758; Flournoy & Hudson, p. 667.

Austro-Hungarian Empire-United States, September 20, 1870; “Treaties, Conventions, etc.," I, 45; Flournoy & Hudson, p. 670.

Denmark-United States, July 20, 1872; “Treaties, Conventions, etc.,” I, 384; Flournoy & Hudson, 673.

Treaty between Argentina, Brazil, Chile, Colombia, Costa Rica, Ecuador, Guatemala, Honduras, United States of Mexico, Nicaragua, Panama, El Salvador, United States of America, and Uruguay; August 13, 1906; “Treaties, Conventions, etc.," III, 2882, Flournoy & Hudson, p. 645.

Treaty between Haiti and the United States, March 22, 1902; “Treaties, Conventions, etc.,” I, 939; Flournoy & Hudson, 681.

Peru-Únited States, May 7, 1908; “Treaties, Conventions, etc.," II, 1449; Flournoy & Hudson, 683.

Portugal-United States, May 7, 1908; “Treaties, Conventions, etc.," II, 1468; Flournoy & Hudson, 684.

Bulgaria-United States, November 23, 1923; 17 Stat. 1759; Flournoy & Hudson,

Czechoslovakia-United States, July 16, 1928; “United States Treaty Series,” No. 804; Flournoy & Hudson, 705.

NOTE—The above treaties provide that each of the signatories shall recognize the naturalization of its citizens or subjects in the country of any of the other signatories.

p. 698.

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