Imagini ale paginilor
PDF
ePub

replaced by a new certificate bearing date of original certificate upon compliance with the provisions of section 32 (a) of the Act of June 29, 1906, as amended. Sec. 2, act of June 24, 1935 (49 Stat. 398); 8 U. S. C. 392f.

On applications filed for any benefits under this Act, the requirement of fees for naturalization documents is hereby waived. Sec. 3, act of June 24, 1935 (49 Stat. 398); 8 U. S. C. 392g.

That subdivision (a) of section 1 of the Act entitled "An Act to further amend the naturalization laws, and for other purposes," approved May 25, 1932 (47 Stat. 165; U. S. C., Supp. VII, title 8, sec. 392b (a)), shall, as herein amended, continue in force and effect to include petitions for citizenship filed prior to May 25, 1938, with any court having naturalization jurisdiction: Provided, That for the purposes of this Act clause (1) of subdivision (a) of section 1 of the aforesaid Act of May 25, 1932, is amended by striking out the words "all such period" and in lieu thereof inserting the words "the five years immediately preceding the filing of his petition." Sec. 1, act of August 23, 1937 (50 Stat. 743); 8 U. S. C. 3926.

The provisions of section 1 of this Act are hereby extended to include any alien lawfully admitted into the United States for permanent residence who departed therefrom between August 1914 and April 5, 1917, or who departed therefrom subsequent to April 5, 1917, for the purpose of serving, and actually served prior to November 11, 1918, in the military or naval forces of any of the countries allied with the United States in the World War and was discharged from such service under honorable circumstances: Provided, That before any applicant for citizenship under this section is admitted to citizenship, the court shall be satisfied by competent proof that he is entitled to and has complied in all respects with the provisions of this Act; and that he was and had been a bona fide lawfully admitted resident in the United States for two years before the passage of this Act. Sec. 2, act of Aug. 23, 1937 (50 Stat. 743); 8 U. S. C. 392c.

The Commissioner of Immigration and Naturalization, with the approval of the Secretary of Labor, shall prescribe such rules and regulations as may be neces sary for the enforcement of this Act. Sec. 3, act of Aug. 23, 1937 (50 Stat. 744); 8 U. S. C. 392d.

The first paragraph of the 1929 text of this section was repealed by the subsequent enactments, supra.

Notes of Decisions

In general. veteran to be entitled to naturalization without making proof of residence, must become naturalized before March 4, 1931, prior statutes on subject being impliedly repealed. Petition of Callanan (D. C., 1931), 51 F. (2d) 1067.

Subsequent to 1929 Act, allen | without proof of residence held merely privi lege which Congress could remove any time before privilege had been fully exercised.

Id.

Statute limiting time for naturalization of alien veteran without proof of residence to two years held applicable to petition for naturalization filed before expiration of limi

Right of alien veteran to naturalization tation period. Id. 564. Naturalization; aliens owing permanent allegiance to the United States.Seventh. * and, except as otherwise herein provided, the honorable discharge certificate of such alien, or person owing permanent allegiance to the United States, or the certificate of service showing good conduct, signed by a duly authorized officer, or by the masters of said vessels, shall be deemed prima facie evidence to satisfy all of the requirements of residence within the United States and within the State, Territory, or the District of Columbia, and good moral character required by law, when supported by the affidavits of two witnesses, citizens of the United States, identifying the applicant as the person named in the certificate or honorable discharge, and in those cases only where the alien is actually in the military or naval service of the United States, the certificate of arrival shall not be filed with the petition for naturalization in the manner pre

scribed;

Par. 7, added to sec. 4, act of June 29, 1906, by sec. 1, act of

May 9, 1918 (40 Stat. 543); 8 U. S. C. 393.

565. Naturalization; neutral declarants withdrawing intention to escape military service.* Provided, That a citizen or subject of a country neutral in the present war who has declared his intention to become a citizen of the United States shall be relieved from liability to military service upon his making a declaration, in accordance with such regulations as the President may prescribe, withdrawing his intention to become a citizen of the United States, which shall operate and be held to cancel his declaration, of intention to become an American citizen and he shall forever be debarred from becoming a citizen of the United States. Sec. 4, Ch. XII, act of July 9, 1918 (40 Stat. 885); 8 U. S. C. 366.

That, notwithstanding any provision of law to the contrary, no alien shall be debarred from becoming a citizen of the United States on the ground that he withdrew his intention to become a citizen of the United States in order to secure discharge from the military service, if such withdrawal (and the application therefor) and discharge took place after November 11, 1918. Act of Feb. 11, 1931 (46 Stat. 1087); 8 U. S. C. 366a.

Notes of Decisions

Application of provision.-Congress did not | tended by the first paragraph of this section create the same bar in relation to nondeclar- should be applied to declarant aliens. Tutun ant aliens who claimed exemption as it in- v. U. S. (C. C. A., 1926), 12 F. (2d) 763.

[ocr errors]

Appointment:

CHAPTER 9

CIVILIAN OFFICERS AND EMPLOYEES

Citizenship, 566a.

Oath of office, 567.

Payments to procure, 568.

Affidavit as to payments, 569.

Civil-service rules and regulations, 570.
Examination:

General provision, 571.

Penalty for fraud, 572.

Notification to General Accounting Once,

574.

[blocks in formation]

Total disability, 587.

Partial disability, 588.

Ceases on refusal to work, 589.

Maximum and minimum; increases and decreases, 590.

Other remuneration precluded, 591.
Date effective, 592.

Medical and hospital service, 593.
To dependents in case of death, 594.
Funeral and burial expenses, 595.
Computation of monthly pay, 596.

Compensation for disability or death-Contd. Reduced by amount recovered from third person, 608.

Compensation Commission; establishment,

powers, and duties, 609.
Compensation fund, 610.

Award, review, and cancellation, 611.
Penalty for false affidavit, 612.
Definitions, 613.

Compensation under prior acts, 614.
State workmen's compensation laws, 614a.
Details:

Within a department, 615.

To Executive departments:

From field service, 616.

From Government Printing Office, 617. To American Battle Monuments Commission, 618.

To American Republics, Philippines, and
Liberia, 618a.

To Civil Service Commission, 619.
To Executive office, 620.

To operate telegraph line connecting Capitol with Executive departments, 621. To Office of Assistant Secretary of War,

624.

To and from General Staff, 625. To river and harbor duty, 626. Dismissal:

Of persons disqualified to hold office, 626a. On charges, 628.

Dual office, 628a.

Dual compensation, 628b.
Duties of chief clerks, 629.
Efficiency ratings:

System established, 630.
Bureau of Efficiency, 631.

Not to be determined by time study, 634.

Computation of wage-earning capacity of District of Columbia :

partially disabled, 597.

Lump-sum payment, 598.
Notice of injury, 599.
Written claim, 600.

Time limit for claims, 601.

Medical examination :

General provision, 602.

Disagreement of physicians, 603.

Physicians' fees, 604.

Report of injury by employee's superior,

605.

Assignment and exemption of claims, 606. Subrogation of United States to employees right of action, 607.

Educational facilities, 635. Library facilities, 635a. Employment:

General provisions, 636.

Attorneys or counsel, 637.

Civil engineers, Corps of Engineers, 638. Civilian physicians and nurses, 639. Commissions, councils, or boards, 640. Consulting Engineers:

Air Corps, 641.

Ordnance Department, 642.

Detectives, 643.

Draftsmen and civil engineers, Office Chief of Engineers, 644.

[blocks in formation]

566. This section, based on section 7, act of March 3, 1919 (40 Stat. 1293), 5 U. S. C. 644, was specifically repealed by section 21, act of June 18, 1929 (46 Stat. 26).

566a. Appointment; citizenship.—-* Provided further, That no part of this or any other appropriation contained in this Act shall be available for the pay of any person, civil or military, not a citizen of the United States, unless in the employ of the Government or in a pay status under appropriations carried in this Act on July 1, 1937 [under appropriations for the War Department], nor for the pay of any such person beyond the period of enlistment or termination of employment, but nothing herein shall be construed as applying to instructors of foreign languages at the Military Academy, or to Filipinos in the Army Transport Service, or to persons employed outside of the continental limits of the United States except enlisted men of the Regular Army, other than Philippine Scouts, upon expiration of enlistment (and this provision shall be subject to the provisions of the Act entitled "An Act for the protection of certain enlisted men of the Army," approved August 19, 1937). Sec. 1, military appropriation act of July 1, 1937 (50 Stat. 446).

*

That, notwithstanding the language contained in the second proviso on page 6 of the Act of July 1, 1937 (Public, Numbered 176, Seventy-fifth Congress, first session), or any other Act, during the three-year period following the enactment of this Act, enlisted personnel of the Army who have legally declared their intention to become citizens, or who do so during their current enlistment, or

« ÎnapoiContinuă »