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imprisonment for not more than five years, or by a fine of not more than five thousand dollars, or both.
“Sec. 21. That it shall be unlawful for any clerk of any court or his authorized deputy or assistant exercising jurisdiction in naturalization proceedings, or* to demand, charge, collect, or receive any other or additional fees or moneys in naturalization proceedings save the fees and moneys herein specified; and a violation of any of the provisions of this section or any part thereof is hereby declared to be a misdemeanor and shall be punished by imprisonment for not more than two years, or by a fine of not more than one thousand dollars, or by both such fine and imprisonment.”
E. United States District Attorneys.
1. Appearance in Opposition to Naturalization.
The United States shall have the right to appear before any court or courts exercising jurisdiction in naturalization proceedings for the purpose of cross-examining the petitioner and the witnesses produced in support of his petition concerning any matter touching or in any way affecting his right to citizenship, and shall have the right to call witnesses, produce evidence, and be heard in opposition to the granting of any petition in naturalization proceedings.
2. Proceedings to Set Aside or Cancel Certificates of Citi
zenship. It shall be the duty of the United States district attorneys for the respective districts, upon affidavit showing good cause therefor, to institute proceedings in any court having jurisdiction to naturalize aliens in the judicial district in which the naturalized citizen may reside at the time of bringing the suit, for the purpose of setting aside and canceling the certificate of citizenship on the ground of fraud or on the ground that such certificate of citizenship was illegally procured. In any such proceedings the party holding the certificate of citizenship alleged to have been fraudulently or illegally procured shall have sixty days' personal notice in which to make answer to the petition of the United States; and if the holder of such certificate be absent from the United States or from the district in which he last had his residence, such notice shall be given by publication in the manner provided for the service of summons by publication or upon absentees by the laws of the state or the place where such suit is brought.
* Error in original act. The word “or” should be omitted.-AUTHOR.
The provisions of this section shall apply not only to certificates of citizenship issued under the provisions of this act, but to all certificates of citizenship which may have been issued heretofore by any court exercising jurisdiction in naturalization proceedings under prior laws. Sec. 15, Act June 29, 1906.
Section 15, paragraph 2, of the Act provides that if any alien who shall have secured a certificate under the provisions of the law shall, within five years after the issuance of such certificate, return to the country of his nativity, or go to any other foreign country, and take permanent residence therein, it shall be considered prima facie evidence of a lack of intention on the part of such alien to become a permanent citizen of the United States at the time of filing his application for citizenship, and, in the absence of countervailing evidence, it shall be sufficient in the proper proceeding to authorize the cancellation of his certificate of citizenship as fraudulent, and the diplomatic and consular officers of the United States in foreign countries shall from time to time, through the Department of State, furnish the Department of Justice with the names of those within their respective jurisdictions who have such certificates of citizenship and who have taken permanent residence in the country of their nativity, or in any other foreign country, and such statements, dúly certified, shall be admissible in evidence in all courts in proceedings to cancel certificates of citizenship.
F. Bureau of Immigration and Naturalization.
1. In General.
While the constitutional provision expressly conferring on Congress "Power to establish a uniform rule of naturalization,” clearly authorized Congress to provide for the effective supervision and control of naturalization by the Federal Government, there was no legislation effecting that object until the enactment of the law of June 29, 1906, 34 Stat. at L. 596.
This law changes the designation of the Bureau of Immigration in the Department of Commerce and Labor to the “Bureau of Immigration and Naturalization," and provides that said Bureau, under the direction and control of the Secretary of Commerce and Labor, “shall have charge of all matters concerning the naturalization of aliens."
2. Functions of Secretary of Commerce and Labor.
a. Direction and Control of Bureau.
The Secretary of Commerce and Labor is charged by this law with "the direction and control of the Bureau of Immigration and Naturalization. Sec. 1.
The statute (Sec. 2) authorizes the Secretary of Commerce and Labor “to provide the Bureau of Immigration and Naturalization with such additional furnished offices within the city of Washington, such books of record and facilities, and such additional assistants, clerks, stenographers, typewriters, and other employees as may be necessary for the proper discharge of the duties imposed by this Act upon such Bureau.”
b. Rules and Regulations.
Section 28 of the Act authorizes the Secretary of Commerce and Labor "to make such rules and regulations as may be necessary for properly carrying into execution the various provisions of the Act.”
c. Blank Certificates of Citizenship.
It is the duty of the Secretary of Commerce and Labor to cause to be engraved, on distinctive paper, blank certificates of citizenship (Sec. 17), which shall be furnished clerks of courts having jurisdiction in naturalization matters. Sec. 12, par. 3.
d. Certificate of Registry of Alien.
The law (Sec. 1) makes it the duty of commissioners of immigration to cause to be granted to every alien arriving in the United States after the passage of the Act of June 29, 1906, a certificate of registry giving particulars as to name, age, occupation, personal description, place of birth and residence of such alien, and the name of the vessel in which he comes.
Section 4, paragraph 2, of the Act provides that the applicant for naturalization shall at the time of filing his
petition file with the clerk a “certificate from the Department of Commerce and Labor," stating the date and manner of his arrival in this country.
e. Allowance of Additional Compensation to
The Secretary of Commerce and Labor is authorized in cases where the clerk of any court collects fees in excess of the sum of six thousand dollars in any one year to allow to such clerk from the money which the United States shall receive additional compensation for the employment of additional clerical assistance, if, in the opinion of the Secretary, the business of such clerk warrants such allowance. Sec. 13, par. 5.
3. Functions of Bureau.
a. Supervision of Naturalization. The Bureau of Immigration and Naturalization, under the direction and control of the Secretary of Commerce and Labor, has "charge of all matters concerning the naturalization of aliens." Sec. 1.
b. Registry of Aliens Arriving in United States. The law makes it the duty of the Bureau to provide, for use at the various immigration stations throughout the United States, books of record, wherein the commissioners of immigration shall cause a registry to be made in the case of each alien arriving in the United States from and after the passage of this act of the name, age, occupation, personal description (including height, complexion, color of hair, and eyes), the place of birth, the last residence, the intended place of residence in the United States, and the date of arrival of said alien, and,