Sec. 28 of the Act of 1906, made the following naturalization regulations, under date of October 2, 1906:

"Declarations of intention made prior to September 27, 1906, before clerks of courts having jurisdiction to naturalize aliens under the provisions of the law existing at the time such declarations were made may be used in lieu of the declarations required by the Act of June 29, 1906, at any time after the expiration of two years from the date when made.

"Aliens who have made declarations of intention prior to September 27, 1906, under the provisions of law in force at the time of making such declarations, can not be required, as a preliminary to filing their petitions for naturalization, to file new declarations of intention under the Act of June 29, 1906; nor are such aliens required, as a condition precedent to naturalization, to speak the English language."

d. Difference Between Provisions of Act of 1906 and Sec. 2165 of the Revised Statutes Relative to Declaration of Intention.

The first difference to be noted between the provisions of Sec. 2165, Rev. Stat., and the existing law, is in the courts which may receive the declaration. Under Section. 2165 the declaration could be made before any court having jurisdiction to naturalize aliens, without reference to the place of residence of the declarant. Under the Act of June 29, 1906, it can be made only before a court authorized to naturalize aliens, "in the district in which such alien resides."

As to the courts authorized to naturalize, under the Act of 1906, see p. 11 (supra), "What courts are authorized to naturalize."

The second difference is in relation to the age of the declarant. Under Section 2165 the declaration could not such aliens must also be written out without abbreviation. Great care should be taken to get in every case the correct spelling of names. Nat. Reg. of Oct. 2, 1906.

be made until the applicant had reached the age of twenty-one years. Under the Act of June 29, 1906, it may be made at any time after the alien reaches the age of eighteen.

The third difference is in relation to the life of the declaration of intention. Under Section 2165 application for final naturalization could be made at any time after the two year period from the date of the declaration had elapsed. Under the existing law the petition for admission to citizenship must be made "not more than seven years after he (the alien) has made such declaration of intention." Act of June 29, 1906, Sec. 4, par. 2.

It may be observed that, of course, only aliens who are capable of naturalization under our laws can make formal declaration of intention to become citizens.

Clerks of courts shall not receive declarations of intention to become citizens from other aliens than white persons and persons of African nativity or of African descent. Nat. Reg. of Oct. 2, 1906.

e. Porto Ricans and Filipinos.

By section 30 of the Act of 1906, however, citizens of Porto Rico and citizens of the Philippine Islands, though owing permanent allegiance to the United States, and hence not aliens, are authorized to become naturalized and to make their declaration of intention two years prior to admission. The provision is as follows:

"All the applicable provisions of the naturalization laws of the United States shall apply to and be held to authorize the admission to citizenship of all persons not citizens who owe permanent allegiance to the United States, and who may become residents of any state or organized territory of the United States, with the following modifications: The applicant shall not be required to renounce allegiance to any foreign sovereignty; he shall make his declaration of intention to become a citizen of the United States at least two years prior to his

admission; and residence within the jurisdiction of the United States, owing such permanent allegiance, shall be regarded as residence within the United States within the meaning of the five years' residence clause of the existing law."

f. Exceptions to the Usual Requirement of Declaration of Intention.

There are several exceptions, by special provision of law, to the requirement of declaration of intention.

(A.) Army.

Section 2166 of the Revised Statutes reads as follows: "Any alien, of the age of twenty-one years and upward, who has enlisted, or may enlist, in the armies of the United States, either the regular or the volunteer forces, and has been, or may be hereafter, honorably discharged, shall be admitted to become a citizen of the United States, upon his petition, without any previous declaration of his intention to become such; and he shall not be required to prove more than one year's residence within the United States previous to his application to become such citizen; and the court admitting such alien shall, in addition to such proof of residence and good moral character, as now provided by law, be satisfied by competent proof of such person's having been honorably discharged from the service of the United States."*

*Under section 2166 of the Revised Statutes, an honorably discharged soldier, who is of the age of 21 years and upward, may be admitted to become a citizen of the United States without making the declaration of intention required of other aliens. Also, under the provisions of the Act of July 26, 1894, chapter 165, any alien, of the age of 21 years and upward, who has enlisted, or may enlist, in the United States Navy or Marine Corps, having been honorably discharged therefrom, after a residence of five years may be admitted to become a citizen of the United States without making the declaration of intention required of other aliens. Clerks of courts are therefore instructed to appropriately note upon the petition of such discharged alien soldier or member of the Navy or Marine Corps, and upon the stub of the certificate of naturalization

(B.) Navy and Marine Corps.

The Act of July 26, 1894, 28 Stat. at L. 124, provides that any alien of the age of twenty-one years and upward who has enlisted or may enlist in the United States Navy or Marine Corps, and has served or may hereafter serve five consecutive years in the United States Navy or one enlistment in the United States Marine Corps, and has been or may hereafter be honorably discharged, shall be admitted to become a citizen of the United States upon his petition, without any previous declaration of his intention to become such; and the court admitting such alien shall, in addition to proof of good moral character, be satisfied by competent proof of such person's service in and honorable discharge from the United States Navy or Marine Corps.*

(C.) Widow and Children of Deceased Declarant.

Sec. 4, par. 6, of the Act of June 29, 1906, provides: When any alien who has declared his intention to become a citizen of the United States dies before he is actually naturalized the widow and minor children of such alien may, by complying with the other provisions of this Act, be naturalized without making any declaration of intention.

(D.) Minor Residents.

Prior to the passage of the Act of 1906, minor aliens coming to this country at the age of eighteen years or under, were allowed, under the provisions of Section 2167 of the Revised Statutes, to be admitted to naturalization after reaching majority and after five years' residence issued to him, in lieu of the information required thereon as to the filing of the declaration of intention, that the petitioner was an honorably discharged alien soldier, or member of the Navy or Marine Corps, and applied for citizenship under the said Section 2166, or the Act of July 26, 1894. Nat. Reg. of Oct. 2, 1906.

*See note, page 61.

here, without having made the declaration required by Rev. Stat. 2165, the applicant being required at the time of his admission to make the declaration, and to further declare on oath and prove to the satisfaction of the court that for two years next preceding, it had been his bona fide intention to become a citizen of the United States.

Repeal of "Minor's Clause." -But, as a majority of the naturalization frauds perpetrated were committed under the provisions of this section of the statutes, which was known as the "Minor's Clause," the section was repealed by the Act of June 29, 1906, and the existing law provides for the making of declaration of intention by minors after they have reached the age of eighteen years.

(E.) In Hawaii.

By the Act of April 30, 1900, the previous declaration of intention was dispensed with in the case of persons applying to be naturalized in Hawaii, who had resided there at least five years prior to the taking effect of the Act.

(F.) In the Philippine Islands and Porto Rico.

By the Act of June 29, 1906 (Sec. 30), residence within the Philippines or Porto Rico is to be regarded as residence within the United States within the meaning of the five years' residence clause of the naturalization law, with respect to citizens of those islands. The language of the law is:

"That all the applicable provisions of the naturalization laws of the United States shall apply to and be held to authorize the admission to citizenship of all persons not citizens who owe permanent allegiance to the United States, and who may become residents of any state or organized territory of the United States, with the following modifications: The applicant shall not be required