the United States to the same extent as though her marriage to said alien had taken place on or after September 22, 1922: Provided, however, That no such woman shall have or claim any rights as a citizen of the United States until she shall have duly taken the oath of allegience as prescribed in section 4 of the Act approved June 29, 1906 (34 Stat. 596; U. S. C., title 8, sec. 381), at any place within or under the jurisdiction of the United States before a court exercising naturalization jurisdiction thereunder or, outside of the jurisdiction of the United States, before a secretary of embassy or legation or a consular officer as prescribed in section 1750 of the Revised Statutes of the United States (U. S. C., title 22, sec. 131); and such officer before whom such oath of allegiance shall be taken shall make entry thereof in the records. of his office or in the naturalization records of the court, as the case may be, and shall deliver to such person taking such oath, upon demand, a certified copy of the proceedings had, including a copy of the oath administered, under the seal of his office or of such court, at a cost not exceeding $1, which shall be evidence of the facts stated therein before any court of record or judicial tribunal and in any department of the United States. (54 Stat. 715; 8 U. S. C. 9a.)

NATURALIZATION OF PERSONS SERVING IN REGULAR ARMY OF

UNITED STATES

[Act approved August 16, 1940]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the body of the Act entitled "An Act for the protection of certain enlisted men of the Army," approved August 19, 1937 (50 Stat. 696), be, and the same is hereby, amended to read as follows:

"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.

"SEC. 2. Hereafter, service in the Regular Army honorably terminated shall be credited for purposes of legal residence under the naturalization laws of the United States, regardless of the legality or illegality of the original entry into the United States of the alien, the certificate of the honorable termination of such service or a duly authenticated copy thereof made by a naturalization examiner of the Immigration and Naturalization Service being accepted in lieu of the certificate from the Department of Justice of the alien's arrival in the United States required by the naturalization laws; and service so credited in each case shall be considered as having been performed immediately preceding the filing of the petition for naturalization." (54 Stat. 788, 789.)

37

See footnote 49, p. 466.

Presidential Proclamations and Executive

Orders Relating to Nationality

PROCLAMATION GRANTING AMNESTY AND RESTORING CITIZENSHIP TO CERTAIN DESERTERS OF THE ARMED FORCES OF THE UNITED STATES

[Presidents Proclamation of March 5, 1924, 43 Stat. 1940] 1

Whereas, in and by the Constitution of the United States of America, it is provided that the President "shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment"; and

Whereas, Sections 1996 and 1998 of the Revised Statutes of the United States as modified by the Act of Congress approved August 22, 1912 (37 Stat. 356), prescribe that all persons thereafter deserting the military or naval service of the United States shall be deemed to have voluntarily relinquished and forfeited their rights of citizenship, as well as their right to become citizens, and shall be forever incapable of holding any office of trust or profit under the United States, or of exercising any rights of citizens thereof, but that said provisions "shall not apply to any person hereafter deserting the military or naval service of the United States in time of peace"; and

Whereas, an armistice was signed with the Imperial AustroHungarian Government on November 3, 1918, and with the Imperial German Government on November 11, 1918, the effect of which was to terminate hostilities; and

Whereas, the war with the aforesaid foreign powers was not formally at an end until July 2, 1921, as declared by a Joint Resolution of the Senate and House of Representatives of the United States approved July 2, 1921, and by proclamations of the President of the United States of November 14, 1921, and November 17, 1921; and

Whereas, many persons who deserted from the military or naval service of the United States on or after November 11, 1918, and therefor were duly convicted of desertion committed in time of war, are now leading blameless lives and have reestablished themselves in the confidence of their fellow citizens, and it is believed that further application of the provisions of the Revised Statutes hereinabove set forth to their cases would in most instances be productive of no good results and would be contrary to the spirit of those provisions;

Now, therefore, be it known, that I, Calvin Coolidge, President of the United States of America, in consideration of the premises, divers other good and sufficient reasons me thereunto moving, do

For authority for issuance of this proclamation see Act of March 3, 1865, as amended by Act of Aug. 22, 1912 (37 Stat, 356; 8 U. S. C. 11), p. 452.

For further provisions relating to restoration of citizenship following desertion see sec. 401 (g) Act of Oct. 14, 1940. as amended by the Act of Jan. 20, 1944, p. 404.

hereby declare and grant amnesty and pardon to all persons who have heretofore been or may hereafter be convicted of desertion from the military or naval service of the United States in time of war, committed during the war hereinbefore mentioned and on or since November 11, 1918, to the extent that there shall be, and hereby are, fully remitted as to such persons any relinquishment or forfeiture of their rights of citizenship as well as their right to become citizens, and any incapacity to hold office of trust or profit under the United States or to exercise any rights of citizens thereof, which forfeitures and disabilities have heretofore been or may hereafter be incurred under the provisions of the sections of the Revised Statutes hereinabove set forth by any such persons in consequence of conviction of desertion committed in time of war as aforesaid.

Furthermore, I do hereby proclaim, declare and make known that nothing contained in this proclamation is intended to remove, or to authorize the removal of, any charge of desertion which may now be standing on the rolls or records of the United States in the case of any person, or as pardoning, remitting or mitigating any penalties to which any person has become, is now, or hereafter may become liable, except as hereinbefore specifically provided.2

CONSOLIDATION OF BUREAUS OF IMMIGRATION AND
NATURALIZATION*

[Executive Order No. 6166 of June 10, 1933]

EXCEPTING CERTAIN PERSONS FROM THE CLASSIFICATION OF "ALIEN ENEMY" FOR THE PURPOSE OF PERMITTING THEM TO APPLY FOR NATURALIZATION

[Executive Order No. 9106 of March 20, 1942] •

AUTHORITY

Whereas section 326 of the Nationality Act of 1940, approved October 14, 1940 (54 Stat. 1150; U. S. C., title 8, sec. 726), reads as follows:

SEC. 326. (a) An alien who is a native, citizen, subject, or denizen of any country, state, or sovereignty with which the United States is at war may be naturalized as a citizen of the United States if such alien's declaration of intention was made not less than two years prior to the beginning of the state of war, or such alien was at the beginning of the state of war entitled to become a citizen of the United States without making a declaration of intention, or his petition for naturalization shall at the beginning of the state of war be pending and the petitioner is otherwise entitled to admission, notwithstanding such petitioner shall be an alien enemy at the time and in the manner prescribed by the laws passed upon that subject.

For provisions relating to loss of citizenship for desertion see R. S. sec. 1996 (Act of March 3, 1865, 8 U. S. C. 12) p. 452, R. S. sec. 1998, (Act of March 3, 1865 as amended by Act of Aug. 22, 1912 (sec. 1, Act of Aug. 22, 1912, 37 Stat. 356; 8 U. S. C. 11), pp. 452 and 504, and sec. 401 (g) Act of Oct. 14, 1940, as amended by the Act of Jan. 20, 1944, p. 404.

For text of Executive Order 6166, see footnote 25, p. 462..

Executive Order No. 9106 of March 20, 1942, has been superceded by Executive Order No. 9372 of Aug. 27, 1943,