nationality other than that of such belligerent, the President is hereby authorized and empowered to withhold clearance from one or more vessels of such belligerent country until such belligerent shall restore to such American vessels and American citizens reciprocal liberty of commerce and equal facilities of trade; or the President may direct that similar privileges and facilities, if any, enjoyed by vessels or citizens of such belligerent in the United States or its possessions be refused to vessels or citizens of such belligerent; and in such case he shall make proclamation of his direction, stating the facilities and privileges which shall be refused, and the belligerent to whose vessels or citizens they are to be refused, and thereafter the furnishing of such prohibited privileges and facilities to any vessel or citizen of the belligerent named in such proclamation shall be unlawful; and he may change, modify, revoke, or renew such proclamation; and any person or persons who shall furnish or attempt or conspire to furnish or be concerned in furnishing or in the concealment of furnishing facilities or privileges to ships or persons contrary to the prohibition in such proclamation shall be liable to a fine of not less than $2000 nor more than $50,000 or to imprisonment not to exceed two years, or both, in the discretion of the court.

In case any vessel which is detained by virtue of this Act shall depart or attempt to depart from the jurisdiction of the United States without clearance or other lawful authority, the owner or master or person or persons having charge or command of such vessel shall be severally liable to a fine of not less than $2000 nor more than $10,000, or to imprisonment not to exceed two years, or both, and in addition such vessel shall be forfeited to the United States.

That the President of the United States is hereby authorized and empowered to employ such part of the land or naval forces of the United States as shall be necessary to carry out the purposes of this Act.

§ 1252. Selling Lime in Unmarked Barrels and Containers. Section 5 of the Act of Aug. 23, 1916, c. 396, 39 Stat. 531, provides:

VOL. II - 34

529

That it shall be unlawful to pack, sell, or offer for sale for shipment from any State or Territory or the District of Columbia to any other State or Territory or the District of Columbia, any barrels or other containers of lime which are not marked as provided in sections two and three of this Act, or to sell, charge for, or purport to deliver from any State or Territory or the District of Columbia to any other State or Territory or the District of Columbia, as a large or small barrel or a fractional part of said small barrel of lime, any less weight of lime than is established by the provisions of this Act; and any person guilty of a violation of the provisions of this Act shall be deemed guilty of a misdemeanor and be liable to a fine not exceeding $100.

CHAPTER LXXX

CITIZENSHIP

§ 1253. Presumption as to Expatriation of Citizens.

§ 1254. Passports to Persons Who Have Declared Intention to Become

Citizens

§ 1253. Presumption as to Expatriation of Citizens.

Section 2 of the Act of March 2, 1907, c. 2534, 34 Stat. 1228, provides as follows:

Any American citizen shall be deemed to have expatriated himself when he has been naturalized in any foreign state in conformity with its laws, or when he has taken an oath of allegiance to any foreign state. When any naturalized citizen shall have resided for two years in the foreign state from which he came, or for five years in any other foreign state it shall be presumed that he has ceased to be an American citizen, and the place of his general abode shall be deemed his place of residence during said years: Provided, however, That such presumption may be overcome on the presentation of satisfactory evidence to a diplomatic or consular officer of the United States, under such rules. and regulations as the Department of State may prescribe: And provided also, That no American citizen shall be allowed to expatriate himself when this country is at war.

It was within the power of Congress to lay down the rule contained in this section even as applied to a naturalized citizen who had left the United States for the land of his birth before the act was passed. The section does not refer only to the status of naturalized citizens while abroad, but applies when a naturalized citizen, after living abroad for the statutory period, returns to the United States; and, when such a person presents himself for admission to the country, the presumption is that he is no longer an American citizen. This presumption is rebutta

ble. The act is penal and should be limited strictly to citizens. The fact that an honorably discharged soldier of the United States army, while an alien, returned to Switzerland, where he held an elective office for a time, did not bar his right to become a citizen as one of the privileges of his military service, as provided by Rev. Stat. § 2166, Comp. St. 4355.2 A person born in the United States, residing in New York, who went with his family to Gananoque, Canada, June 30, 1916, enlisted in the Canadian army for oversea service July 15, 1916, took the oath of allegiance, deserted August 5, 1916, and returned surreptitiously to the United States August 6, 1916, was held to have voluntarily expatriated himself and was an alien, subject to deportation as such. The fact that the enlistment was for "one year or during the war" between England and Germany and six months thereafter did not change the effect of taking the oath of allegiance, which contained no limitation.3

§ 1254. Passports to Persons Who Had Declared Intention to Become Citizens.

Section 1 of the Act of March 2, 1907, c. 2534, 34 Stat. 1228, provides:

That the Secretary of State shall be authorized, in his discretion, to issue passports to persons not citizens of the United States as follows: Where any person has made a declaration of intention to become such a citizen as provided by law and has resided in the United States for three years a passport may be issued to him entitling him to the protection of the Government in any foreign country: Provided, That such passport shall not be valid for more than six months and shall not be renewed, and that such passport shall not entitle the holder to the protection of this Government in the country of which he was a citizen prior to making such declaration of intention.

While the statutes are silent on the subject, the intention of Congress that there should be no naturalizations for temporary purposes may be deduced by this section.1

§ 1253. United States v. Howe, 231 Fed. 546; Stein v. Fleischmann Co., 237 Fed. 679.

2 In re Wildberger, 214 Fed. 508.

3 Ex parte Griffin, 237 Fed. 445. § 1254. In re Naturalization of Aliens in Service of Army or Navy of United States, 250 Fed. 316.

CHAPTER LXXXI

MISCELLANEOUS POSTAL VIOLATIONS

§ 1255. Paid Editorials or Other Reading Matter Must Be Marked "Advertisement."

§ 1256. Disposal of Penalties, Forfeitures and Fines for Post Office Violations. § 1257. Post Office Department - Remitting Fines, Penalties and Forfeitures.

$1255. Paid Editorials or Other Reading Matter Must Be Marked "Advertisement."

Section 2 of the act of Aug. 24, 1912, c. 389, 37 Stat. 554, provides:

That all editorial or other reading matter published in any such newspaper, magazine, or periodical for the publication of which money or other valuable consideration is paid, accepted, or promised shall be plainly marked "advertisement." Any editor or publisher printing editorial or other reading matter for which compensation is paid, accepted, or promised without so marking the same, shall, upon conviction in any court having jurisdiction, be fined not less than fifty dollars ($50) nor more than five hundred dollars ($500).

§ 1256. Disposal of Penalties, Forfeitures and Fines for Post Office Violations.

Section 4050 of the Revised Statutes provides that:

All penalties and forfeitures imposed for any violation of law affecting the Post-Office Department or its revenue or property shall be recoverable, one-half to the use of the person informing and prosecuting for the same, and the other half to be paid into the Treasury for the use of the Post-Office Department, unless a different disposal is ex