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under any of the provisions of the Act of June 29, 1906, shall be admitted in evidence equally with the originals in any proceedings under the Act and in all cases in which the originals thereof might be admissible as evidence. Sec. 28.

The statements of diplomatic and consular officers of the United States, duly certified, required by Section 15, paragraph 2, of the Act, to be furnished from time to time to the Department of Justice, through the Department of State, in relation to aliens who shall have secured certificates of citizenship under the provisions of that Act, and who shall within five years after the issuance of such certificates, return to the country of their nativity, and take permanent residence therein, shall be admissible in evidence in all courts in proceedings to cancel certificates of citizenship.

i. Naturalization Not Retroactive.

The decree of naturalization does not operate retroactively. Ex parte Kyle, 67 Fed. 306; Dryden v. Swinburne, 20 W. Va. 89; State v. Boyd, 48 N. W. 739. See 3 Moore's Int. Law Digest, 423 et seq.

I. Impeachment of Naturalization.

1. Before Municipal Courts.

A decree of naturalization can not be impeached collaterally. Spratt v. Spratt, 4 Pet. 392; Campbell v. Gordon, 6 Cranch, 175.

A judgment of naturalization rendered by a competent court is conclusive as between the person naturalized and private individuals.*

* A private individual has no standing in court to institute a proceeding to set aside an order admitting an alien to citizenship. Re McCarran, 8 Misc. 482, 23 L. R. A. 835; United States v. Norsch, 42 Fed. 417; United States v. Gleason, 73 Fed. 396; Pintsch Compressing Company v. Bergin, 84 Fed. 140. In the latter case the court said: "The record thus

a. Under Act of 1906.

It is not conclusive upon the United States, however. The existing law (Act of June 29, 1906) specifically provides for the appearance of the United States in opposition to the admission of an applicant to naturalization (Sec. 11) and for the institution of proceedings by the United States district attorney for setting aside or canceling the certificate of citizenship on the ground of fraud or that it was illegally procured. Sec. 15.

Reports of Fraudulent Naturalization.

The second paragraph of Section 15 of the Act provides for the cooperation of American diplomatic and ordered on the application of the respondent evidenced a solemn judicial judgment that she was entitled to receive and did thereby receive from the United States the franchise of citizenship. Is anyone entitled to proceed for its rescission unless the United States themselves, or by their authorization? No precedent, no text writer, and no rule of law is cited which justifies us in answering this question affirmatively. The fundamental principle that, in the absence of a statute of authorization, only the United States can proceed judicially to recall or rescind franchises granted by them, has peculiar force with reference to citizenship, as to which so great a variety of interests, political and individual of high importance is concerned, that the jurisdiction of inquiry should be especially fixed and limited."

In Scott v. Strobach, 49 Ala. 477, it was held that a certificate of naturalization valid on its face could not be impeached collaterally on the ground of fraud and false recitals; and it has been held that naturalization proceedings can not be impeached for a false oath which is extrajudicial. United States v. Grottkau, 30 Fed. 672.

Naturalization has been impeached where defects in the naturalization proceedings were shown on the face of the record (Banks v. Walker), 3 Barb. Ch. 438); and for improper vouching (Commonwealth v. Paper, 1 Brewster, 263).

In re Yamashita (Wash.), 59 L. R. A. 671, however, where a Japanese was denied admission as an attorney at law (although he had a certificate of naturalization) on the ground that he was not a citizen of the United States, the court held that the judgment admitting him to citizenship could be collaterally attacked because it showed on its face that Yamashita was of the Japanese race and not entitled to citizenship.

Certificates of naturalization granted to Chinese against the prohibition of the Act of 1882 have been treated as void. In re Gee Hop, 71 Fed. 274; In re Hong Yen Chang, 84 Cal. 163; 21 Ops. Atty. Gen. 581.

consular officers in the detection and prosecution of naturalization frauds. The provisions of this paragraph have been called to their attention by a circular instruction from the Department of State, dated April 19, 1907, which reads as follows:

"To the Diplomatic and Consular Officers of the United States.

"GENTLEMEN: Under the provisions of the executive order of April 6, 1907, the following paragraph is added to the diplomatic instructions and consular regulations after paragraph 170:

"Reports of Fraudulent Naturalization.-When any alien who has secured naturalization of the United States shall proceed abroad within five years after his naturalization and shall take up his permanent residence in any foreign country within five years after the date of his naturalization, it shall be deemed prima facie evidence that he did not intend in good faith to become a citizen of the United States when he applied for naturalization, and in the absence of countervailing evidence it shall be sufficient in the proper proceedings to authorize the cancellation of his certificate of citizenship as fraudulent. Diplomatic and consular officers shall furnish the Department of State, to be transmitted to the Department of Justice, the names of those within their jurisdictions, respectively, who are subject to the provisions of this requirement, and such statements from diplomatic and consular officers shall be certified to by such officers under their official seals, and are under the law admissible in evidence in all courts to cancel certificates of naturalization.' Act of June 29, 1906, Sec. 15. "The text of the law upon which this paragraph is based is appended to this instruction.*

"You are instructed, accordingly, that whenever a * For the text of the Act of June 29, 1906, see Appendix, Laws of the United States, relating to Naturalization and Expatriation.

naturalized citizen goes abroad and takes up a permanent residence in a foreign country within five years after his naturalization, it may be assumed that his naturalization was not obtained in good faith, and upon certification by a diplomatic or consular officer of the fact of the foreign residence proceedings may be taken through the Department of Justice to set aside the naturalization on the ground that it was obtained in contravention of the naturalization laws.

Diplomatic and consular officers making such certification, must, therefore, state:

"First, that the person is a permanent resident in a foreign country; and

"Second, that the permanent residence was taken up within five years after naturalization was conferred, and must certify not only to the facts but to their means of knowledge.

"No specified form of certification is prescribed, as the circumstances surrounding each case vary materially. It is not necessary that the residence shall have been acquired during the incumbency of the certifying officer, but he may, if he is in possession of sufficient evidence, certify to a residence which was acquired prior to his having had opportunity to have personal knowledge on the subject.

"Certifications under this instruction should be sent forthwith to this Department, together with the certificate of naturalization of the person in interest; and, pending instructions from the Department, such person's citizenship shall be considered as awaiting adjudication, and he may be refused a passport or registration as a citizen of the United States. In the event of actual interposition being required in his behalf with the authorities of a foreign country, the facts should, if possible, be telegraphed to the Department and its instructions awaited, and the foreign authorities should be requested

to suspend any proceedings against the person in interest until instructions from this Government shall have been received.

"When a certification under this instruction is made by a consul he should, at the same time that he sends the certification to this Department, notify the embassy or legation in the country in which his consulate is situated. "I am, gentlemen, your obedient servant,

Affidavit.

ELIHU ROOT."

Before any United States attorney is authorized to institute proceedings for the cancellation of a naturalization certificate, he must be furnished with a proper affidavit on which the proceedings may be based. The Attorney General to the Secretary of Commerce and Labor, March 26, 1907. This has been held to be necessary in view of the text of paragraph one, Section 15 of the law, which provides for the institution of such proceedings "upon affidavit showing good cause therefor." It is held to apply with equal force in cases where the information is furnished by diplomatic or consular officers. In such cases the officer of the Department of State whose duty it is to examine and make proper disposition of the reports concerning fraudulent naturalizations received from the diplomatic and consular officers has been designated as the proper person to make the affidavit. This officer is the chief of the Passport Bureau. The affidavit states that "the papers here to appended are the genuine documents received by" the Department of State, "and they are forwarded to the Department of Commerce and Labor to be used in proceedings to set aside as unlawfully obtained the naturalization of" X. Y. b. Under Prior Laws.

But before the passage of the law of 1906, it was held that the United States could sue for the cancellation of

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