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Such persons are under the constant observation of responsible officers of the Government and live under strict discipline.

The present statutes grant exemptions from the usual requirements to persons who served on vessels of the United States Government (subd. 7, sec. 4, act of June 29, 1906, as amended by sec. 1, act of May 9, 1918, 40 Stat. 542; and sec. 6 (d) act of March 2, 1929, 45 Stat. 1514; U. S. C., title 8, sec. 388).

(2) Continuous service by a seaman on a vessel or vessels whose home port is in the United States and which are of American registry or American owned, if rendered subsequent to the applicant's lawful entry into the United States for permanent residence and immediately preceding the date of naturalization.

Merchant seamen are, by the very nature of their vocation, obliged to spend most of their time on the water. If their service aboard merchant ships of the United States were to be disregarded, it would never be possible for most of them to become citizens. The requirement is imposed under subsection (d) (2), however, that such service must be subsequent to lawful entry into the United States for permanent residence and immediately preceding naturalization. These qualifications were thought to be necessary because such service is frequently rendered for very short periods and under many masters. The Immigration Law and Regulations upon the subject of seamen are difficult of administration and would seem to justify the above-described limitation (subd. 7, sec. 4, act of June 29, 1906, as amended by sec. 1, act of May 9, 1918, 40 Stat. 542; and sec. 6 (c), (d), act of March 2, 1929, 45 Stat. 1514; and sec. 3, act of May 25, 1932, 47 Stat. 165; U. S. C., title 8, secs. 384, 388).

(3) Residence in the Panama Canal Zone, either while in the service of the armed forces of the United States, or while otherwise in the employ of the United States or of the Panama Railroad Company: Provided, That the applicant shall have entered the United States lawfully for permanent residence prior to such residence in the Panama Canal Zone.

Proposed subsection (d) (3) would accept as residence in the United States for naturalization purposes time spent in the Panama Canal Zone in the service of the armed forces of the United States or otherwise in the employ of the United States or of the Panama Railroad Co.

Service of the nature described would seem to entitle those individuals rendering it to have such time count toward residence within the United States. Lawful entry into the United States prior thereto would be required.

Under the present naturalization law, residence in the Panama Canal Zone is regarded as residence in the United States only in a very limited class of cases, and is seemingly inconsistent with other provisions of current naturalization law. The narrow exception relates to alien declarants who have served in the United States Army, Navy, or the Philippine Constabulary, who have been honorably discharged therefrom, and have been accepted for either the military or the naval service of the United States on condition that they become citizens of the United States (subd. 7, sec. 4, act of June 29, 1906, as amended by sec. 1, act of May 9, 1918, 40 Stat. 542-543; U. S. C., title 8, sec. 389).

Sec. 308.

REQUIREMENTS AS TO PROOF

(a) As to each period and place of residence in the State in which the petitioner resides at the time of filing the petition, during the entire period of at least six months immediately preceding the date of filing the petition, there shall be included in the petition the affidavits of at least two credible witnesses, citizens of the United States, stating that each has personally known the petitioner to have been a resident at such place for such period, and that the petitioner is and during all such period has been a person of good moral character.

Proposed section 308 (a) contains the requirement concerning the verifying affidavits of at least two credible citizen witnesses. They must have personally known the petitioner at each place of residence in the State in which he resides at the time of filing the petition, during the entire period of at least 6 months immediately preceding the date of the petition. They must allege in their affidavits such knowledge, as well as that the petitioner is and during all such period has been a person of good moral character. The only difference between this provision and the present law is that while the present statute requires verification of so much of the 5 years as the applicant has spent in the county,

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the minimum of which is required to be 6 months, the proposed law requires verification of the residence in the State for only 6 months (subd. 4, sec. 4, act of June 29, 1906, as amended by sec. 6 (a), act of March 2, 1929, 45 Stat. 1513; U. S. C., title 8, sec. 379).

The reasons for the substitution of the requirement of 6 months' State residence for the same period of county residence now required have been discussed already in comment upon proposed section 307 (a).

(b) At the hearing on the petition residence in the State in which the petitioner resides at the time of filing the petition for at least six months immediately preceding the date of filing the petition and the other qualifications required by subsection (a) of section 307 during such residence shall be proved by the oral testimony of at least two credible witnesses, citizens of the United States, in addition to the affidavits required by subsection (a) of this section to be included in the petition. At the hearing residence within the United States during the five-year period, but outside the State, or within the State but prior to the six months immediately preceding the date of filing the petition, and the other qualifications required by subsection (a) of section 307 during such period at such places, shall be proved either by depositions taken in accordance with subsection (e) of section 326, or oral testimony, of at least two such witnesses for each place of residence.

Subsection 308 (b) contains the requirement as to oral testimony of at least two credible citizen witnesses over the entire period of residence of the petitioner in the State in which the petition is filed for at least 6 months immediately preceding the filing of the petition. The only difference between this and the present law is that the present law requires such proof of county residence instead of State residence.

Under the proposed subsection (b) proof at the hearing upon the petition of residence and the other qualifications during the 5-year period in the United States but outside the State, except for the 6 months immediately preceding the filing of the petition (which must have been within the State in which the petition is filed), or within the State but prior to the 6 months' residence, is to be proved either by depositions taken in accordance with section 326 (e), or by oral testimony of at least two such witnesses for each place of residence.

(c) Notwithstanding the provisions of subsections (a) and (b) of this section the requirements of subsection (a) of section 307 as to the petitioner's residence, moral character, attachment to the principles of the Constitution of the United States, and disposition toward the good order and happiness of the United States may be established by any evidence satisfactory to the naturalization court in those cases under subsection (b) of section 307 in which the alien declarant has been absent from the United States because of his employment by or contract with the Government of the United States or an American institution of research, recognized as such by the Secretary of Labor, or employment by an American firm or corporation engaged in whole or in part in the development of foreign trade and commerce of the United States or a subsidiary thereof.

Subsection 308 (c) would make it possible for those declarant aliens in the employ of the Government and other named agencies who, under subsection (b) of section 307, may have their necessary absences from the United States approved by the Secretary of Labor and the courts to satisfy the requirements as to their good moral character, attachment to the Constitution of the United States, and favorable attitude toward the Government, by evidence satisfactory to the court. It manifestly would be impossible for applicants for naturalization under such conditions to furnish the usual proof of witnesses in a position to testify from personal knowledge that such applicants had resided continuously within the United States during the statutory period.

(d) The clerk of court shall, if the petitioner requests it at the time of filing the petition for naturalization, issue a subpena for the witnesses named by such petitioner to appear upon the day set for the final hearing, but in case such witnesses cannot be produced upon the final hearing other witnesses may be summoned upon notice to the Commissioner, in such manner and at such time as the Commissioner, with the approval of the Secretary, may by regulation prescribe. If it should appear after the petition has been filed that any of the verifying witnesses thereto are not competent, and it further appears that the petitioner has acted in good faith in producing such witnesses found to be incompetent, other witnesses may be substituted in accordance with such regulations.

Section 308 (d) continues the present provision by which the petitioner, by depositing with the clerk of court the necessary fees, arranges to have the clerk subpena his witnesses in order to insure their presence at the hearing (sec. 5, act of June 29, 1906, as amended, as amended by sec. 1, act of March 3, 1931; 46 Stat. 1511; U. S. C., title 8, sec. 397; sec. 13, act of June 29, 1906, 34 Stat. 600; U. S. C., title 8, sec. 402).

The second sentence of subsection (d) relieves a situation which for many years has been a source of annoyance, delay, and expense to petitioners for naturalization without any corresponding benefit to the United States. It provides that in case the verifying witnesses to a petition are found not to be competent, other witnesses may be substituted in accordance with regulations of the Commissioner of Immigration and Naturalization, if the petitioner has acted in good faith in producing the original witnesses.

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Under the opinion of the Circuit Court of Appeals for the Third Circuit in the case of United States v. Martorana, the court held that a petition verified by a witness who was found not to be a citizen, was void and was not subject to validation by the substitution later of a competent witness for the noncitizen (171 Fed. 397 (1909)). This seemed to be a harsh rule but was followed in administrative practice. More recently the Tartaglione case has been decided (In re Tartaglione (1934), 8 F. Supp. 212). In this case the United States District Court for Rhode Island reviewed the Martorana decision, with which it disagreed, stating that it should be borne in mind that the practice of posting the names of witnesses for a 90-day period, as referred to in the Martorana decision, had since been discontinued by statute (sec. 5, act of June 29, 1906, as amended, as amended by sec. 1, act of March 3, 1931, 46 Stat. 1511; U. S. C., title 8, sec. 396). The court held that the petitioner had complied with all requirements of the statute and granted his petition.

It is believed that this rule should be expressed in the statutes for the reason that in many cases an applicant and one of his witnesses will learn to the dismay of both that although a witness has believed himself to be a citizen for many years and has acted in good faith as such, he was slightly more than 21 years of age at the time of the naturalization of his father and therefore did not acquire citizenship through the parent. Or it will be disclosed on a careful verification by a witness that the actual date upon which he first met the petitioner was a short time less than that required in order that he may be a competent witness,

Sec. 309.

MARRIED PERSONS

(a) Any alien who, after September 21, 1922, and prior to 12 o'clock noon, eastern standard time, May 24, 1934, has married a citizen of the United States, or any alien who married prior to 12 o'clock noon, eastern standard time, May 24, 1934, a spouse who was naturalized during such period and during the existence of the marital relation may, if eligible to naturalization, be naturalized upon full and complete compliance with all requirements of the naturalization laws, with the following exceptions: (1) No declaration of intention shall be required;

(2) In lieu of the five-year period of residence within the United States, and the six months' period of residence in the State where the petitioner resided at the time of filing the petition, the petitioner shall have resided continuously in the United States, Hawaii, Alaska, or Puerto Rico for at least one year immediately preceding the filing of the petition.

(b) Any alien who, after 12 o'clock noon, eastern standard time, May 24, 1934, has married or shall hereafter marry a citizen of the United States, or any alien whose husband or wife was naturalized after such date and during the existence of the marital relation or shall hereafter be so naturalized may, if eligible to naturalization, be naturalized upon full and complete compliance with all requirements of the naturalization laws, with the following exceptions:

(1) No declaration of intention shall be required;

(2) In lieu of the five-year period of residence within the United States, and the six months' period of residence in the State where the petitioner resided at the time of filing the petition, the petitioner shall have resided continuously in the United States, Hawaii, Alaska, or Puerto Rico for at least three years immediately preceding the filing of the petition.

(c) The naturalization of any woman since 12 o'clock noon, eastern standard time, May 24, 1934, by any naturalization court of competent jurisdiction, upon proof of marriage to a citizen or the naturalization of her husband

and proof of but one year's residence in the United States is hereby validated only so far as relates to the period of residence required to be proved by such person under the naturalization laws.

(d) The naturalization of any male person after 12 o'clock noon, eastern standard time, May 24, 1934, by any naturalization court of competent jurisdiction, upon proof of marriage to a citizen of the United States after September 21, 1922, and prior to 12 o'clock noon, eastern standard time, May 24, 1934, or of the naturalization during such period of his wife, and upon proof of three years' residence in the United States, is hereby validated only so far as relates to the period of residence required to be proved by such person under the naturalization laws and the omission by such person to make a declaration of intention.

Section 309 would carry into the proposed code the substance of section 4 of the act of May 24, 1934 (U. S. C., title 8, sec. 368), which amended section 2 of the act relative to the naturalization and citizenship of married women, approved September 22, 1922 (42 Stat. 1022). The 1934 act, in permitting the alien husband of a citizen wife to be naturalized without having made a declaration of intention and after but 3 years' residence within this country, was intended to place the two sexes upon an equality and to relieve them by reason of the citizenship of one member of the family from the usual naturalization requirements. Prior to the 1934 amendment of the 1922 act, the latter statute had provided for the naturalization of the alien wife of a citizen husband without a declaration of intention and after but 1 year's residence in the United States.

Varied interpretations have been given to the 1934 amendment. The United States Circuit Court of Appeals for the Seventh Circuit in the case of U. S. v. Bradley (83 F. (2d) 483), followed by the United States Circuit Court of Appeals for the Third Circuit in the case of U. S. v. Balestra (SS F. (2d) 43), held that the alien man married to a citizen wife between the 1922 and 1934 acts might be naturalized under the 1934 statute. Other courts, however, held that the alien husband of the citizen wife acquired no exemptions during the period from 1922 to 1934.

There has also been a divergence of judicial views as to whether the alien wife who married a citizen between 1922 and 1934, or whose husband was naturalized during that period, and who, during such period was eligible to petition for naturalization without a declaration of intention and after but 1 year's residence, might still petition for naturalization and be admitted into citizenship upon such terms. Some courts held that the privilege of applying for naturalization under the 1922 exemptions continued after the enactment of the 1934 act. Other courts held to the contrary.

In restating in section 309 the substance of the 1934 amendment, the language is intended to clarify this confused situation and to place the aliens of both sexes who are spouses of citizens upon an equality by extending the privilege of naturalization after 1 year's residence to alien husbands who had married citizen wives or whose wives were naturalized between 1922 and 1934.

It has been thought necessary to make provision in subsections (c) and (d) for the validation of naturalization judgments since the 1934 act became effective of alien men naturalized with the exemptions on the basis of marriages or the naturalization of their wives between the 1922 and 1934 acts, and in the cases of alien wives who have been naturalized since the 1934 act upon proof of residence of but 1 year instead of 3. The legality of the naturalization of such persons is now questionable.

Sec. 310.-A person who upon the effective date of this section is married to or thereafter marries a citizen of the United States, or whose spouse is naturalized after the effective date of this section, if such person shall have resided in the United States in marital union with the United States citizen spouse for at least one year immediately preceding the filing of the petition for naturalization, may be naturalized after the effective date of this section upon compliance with all requirements of the naturalization laws with the following exceptions:

(a) No declaration of intention shall be required.

(b) The petitioner shall have resided continuously in the United States for at least two years immediately preceding the filing of the petition in lieu of the five-year period of residence within the United States and the six months' period of residence within the State where the naturalization court is held.

Proposed section 310 grants exemptions from some of the usual naturalization requirements to a person who upon the effective date of the proposed code is married to or thereafter marries a citizen of the United States, or whose spouse is naturalized after that date, provided such person shall have resided in the United States in a marital status with the citizen spouse for at least 1 year immediately preceding the filing of the petition for naturalization. Such an applicant would be relieved from making a declaration of intention, from the 6 months' State residence, and from the 5-year requirement of continuous United States residence for which 2 years immediately preceding the filing of the petition would be substituted.

The present law applicable to this group substitutes a 3-year period of residence in the United States, Hawaii, Alaska, or Puerto Rico for the 5-year period of United States residence, and the former 1-year period of State or Territorial residence (sec. 2, act of September 22, 1922, as amended, as amended by sec. 4, act of May 24, 1934, 48 Stat. 797; U. S. C., title 8, sec. 368).

As it is felt that marriage to a citizen spouse would, as a general rule, have greater influence in facilitating acquisition of our language, and an understanding knowledge and appreciation of our form and principles of Government, and a real attachment to the country than mere residence in the United States, the period of required residence has been reduced from 3 years to 2.

Sec. 311.-An alien, whose spouse is (1) a citizen of the United States, (2) in the employment of the Government of the United States, and (3) regularly stationed abroad under orders of such Government, and who is (1) in the United States at the time of naturalization, and (2) declares before the naturalization court in good faith an intention to take up residence within the United States immediately upon the termination of such employment abroad of the citizen spouse, may be naturalized upon compliance with all requirements of the naturalization laws, with the following exceptions:

(a) No declaration of intention shall be required; and

(b) No prior residence within the United States or proof thereof shall be required.

Proposed section 311 would facilitate the naturalization of spouses of certain citizens of the United States in the employ of the Government of the United States who are regularly stationed abroad. By reason of enforced absence from this country, the noncitizen spouse cannot hope to comply with the requirements of a declaration of intention and the necessary United States and local residence.

The proposed measure would relieve such an alien from making a declaration of intention and from establishing or proving any period of residence within the United States. It would be necessary for the applicant to come to the United States in order to file the petition for naturalization, and to declare before the naturalization court in good faith an intention to take up residence in the United States immediately upon the termination abroad of the Government employment of the citizen spouse.

This group of persons is not numerically large and it is felt that the relationship of the citizen spouse to the Government of the United States is such as to warrant the exemptions described.

CHILDREN

Sec. 312.-A child born outside of the United States, one of whose parents at the time of the child's birth was an alien and the other of whose parents then was and never thereafter ceased to be a citizen of the United States, shall, if such alien parent is naturalized, be deemed a citizen of the United States, when

(a) Such naturalization takes place while such child is under the age of eighteen years; and

(b) Such child is residing in the United States at the time of naturalization or thereafter and begins to reside permanently in the United States while under the age of eighteen years.

It pro

Proposed section 312 is a modification of present law concerning children born outside of the United States of one citizen and one alien parent. vides for the automatic acquisition of United States citizenship by the child under the fulfillment of two conditions: (1) That the naturalization of the alien parent takes place while the child is under the age of 18 years, and (2) that the

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