appeared in person before and have been examined by a representative of the Immigration and Naturalization Service.

(c) In case such petitioner's service was not continuous, petitioner's residence in the United States and State, good moral character, attachment to the principles of the Constitution of the United States, and favorable disposition toward the good order and happiness of the United States, during any periods within five years immediately preceding the date of filing said petition between the periods of petitioner's service in the United States Army, Navy, Marine Corps, or Coast Guard, shall be verified in the petition filed under the provisions of subsection (a) of this section, and proved at the final hearing thereon by witnesses, citizens of the United States, in the same manner as required by section 309. Such verification and proof shall also be made as to any period between the termination of petitioner's service and the filing of the petition for naturalization.

Under proposed section 323 (c) the conditions are stated under which an applicant who files his petition while still in the service or within 6 months after its termination, but whose service was not continuous, is required to establish his good moral character and other qualifications between the periods of his service. This subsection also requires similar verification of the petition and proofs by witnesses of the applicant's qualifications during the period between the date of discharge and the filing of the petition, if the petition is not filed while he is in the service.

(d) The petitioner shall comply with the requirements of section 308 as to continuous residence in the United States for at least five years and in the State in which the petition is filed for at least six months, immediately preceding the date of filing the petition, if the termination of such service has been more than six months preceding the date of filing the petition for naturalization, except that such service shall be considered as residence within the United States or the State.

While the liberal exemptions to servicemen set forth in proposed subsection (b) of this section, are applicable only to an individual who files a petition while in the service or within 6 months after discharge, proposed section 323 (d) provides that if the petitioner has been out of the service for more than 6 months, such service shall be considered as residence within the United States or the State.

(e) Any such period or periods of service under honorable conditions, and good moral character, attachment to the principles of the Constitution of the United States, and favorable disposition toward the good order and happiness of the United States, during such service, shall be proved by duly authenticated copies of records of the executive departments having custody of the records of such service, and such authenticated copies of records shall be accepted in lieu of affidavits and testimony or depositions of witnesses. Proposed section 323 (e) recognizes the great difficulty if not impossibility of proving one's individual qualifications for citizenship during the periods he has been serving in United States forces. Such witnesses as are most closely associated with him are his fellow servicemen and they are usually not available when a petition for naturalization is about to be filed.

Persons following the pursuits described in this section are under the closest observation and strict discipline and the records of their conduct while in service are believed to be equal to if not superior to the usual testimony of friendly witnesses.

Proposed subsection (e), therefore, provides that the character and attitude toward the Government of the United States during the periods of service shall be proved by duly authenticated copies of records of the branches of the Government service under which they are employed, and for the recognition of such records as sufficient without the affidavits and testimony or depositions of witnesses.

Sec. 324.

(a) A person who has served honorably or with good conduct for an aggregate period of at least three years (1) on board of any vessel of the United States Government other than in the United States Navy, Marine Corps, or Coast Guard, or (2) on board vessels of more than twenty tons burden, whether or not documented under the laws of the United States, and

whether public or private, which are not foreign vessels, and whose home port is in the United States, may be naturalized without complying with the requirements as to five years' residence within the United States and six months' residence in the State, if such person files a petition for naturalization while still in the service on a reenlistment, reappointment, or reshipment, or within six months after an honorable discharge or separation therefrom.

Proposed section 324, subsection (a), provides for the naturalization of persons serving honorably or with good conduct for an aggregate period of at least 3 years aboard two classes of vessels: (1) Vessels of the United States Government other than in the United States Navy, Marine Corps, or Coast Guard, and (2) nongovernmental of more than 20 tons which are not foreign vessels. Because persons following such employment are in much the same position as members of the United States Army, Navy, Marine Corps, and Coast Guard, similar exemptions have been provided in case a petition for naturalization is filed while the individual is still in the service on a reenlistment, reappointment, or reshipment, or within 6 months after an honorable discharge or separation.

At present the wartime legislation of 1918 covers these groups of persons, the provisions being incorporated in the highly technical act of 1918 described in connection with proposed section 323 (a). An added qualification would require the nongovernmental vessels to have their home port in the United States. This is regarded as desirable because otherwise small vessels which are stationed in foreign waters and never come to the United States might be included even though the surroundings of the seamen employed upon them would be foreign to this country and its institutions. (See comment on sec. 308 (c) (2), above.)

(b) The provisions of subsections (b), (c), (d), and (e) of section 323 shall apply to petitions for naturalization filed under this section, except that service with good conduct on vessels described in subsection (a) (2) of this section may be proved by certificates from the masters of such vessels. For the same reasons which have been described in proposed section 323, subsection (b) of proposed section 324 makes applicable to the latter the provisions of subsections (b), (c), (d), and (e) of proposed section 323, relating, respectively, to the exemptions from the regular naturalization requirements, proof of the applicant's qualifications while out of the service, credit for service as residence within the United States or a State, and proof of service by duly authenticated records of the executive departments under which the applicant has served, or certificates from masters of nongovernmental vessels.

Sec. 325.

ALIEN ENEMIES

(a) An alien who is a native, citizen, subject, or denizen of any country, state, or sovereignty with which the United States is at war shall not be admitted to become a citizen of the United States unless such alien's declaration of intention was made not less than two years prior to the existence of the state of war, or such alien was at that time entitled to become a citizen of the United States without making a declaration of intention, or unless the petition for naturalization shall then be pending and the petitioner is otherwise entitled to admission, notwithstanding such petitioner shall be an alien enemy at the time and in the manner prescribed by the laws passed upon that subject.

(b) An alien embraced within this section shall not have such alien's petition for naturalization called for a hearing, or heard, except after ninety days' notice given by the clerk of the court to the Commissioner to be represented at the hearing, and the Commissioner's objection to such final hearing shall cause the petition to be continued from time to time for so long as the Commissioner may require.

(c) Nothing herein contained shall be taken or construed to interfere with or prevent the apprehension and removal, agreeably to law, of any alien enemy at any time previous to the actual naturalization of such alien. (d) The President of the United States may, in his discretion, upon investigation and report by the Department of Justice fully establishing the loyalty of any alien enemy not included in the foregoing exemption, except such alien enemy from the classification of alien enemy, and thereupon such alien shall have the privilege of applying for naturalization.

Proposed section 325 is a continuance of provisions now in force by which, under certain rigid restrictions, alien enemies may become naturalized in time of war. The present legislation was a part of that enacted during and because of the World War. It was found that there were thousands of persons in the United States who had lived here for many years, whose loyalty to the United States was unquestioned, and who were subjected to heavy disabilities because technically they were alien enemies.

Ample notice to the Government is required and upon the objection of the Commissioner of Immigration and Naturalization a continuance may be had in order to permit necessary inquiry as to the loyalty of the individual concerned.

This proposed section was discussed with representatives of the War and Navy Departments who are favorable to its inclusion. It appears to be desirable to regard it as permanent legislation which would be available immediately should a state of war develop.

Sec. 326.

PROCEDURAL AND ADMINISTRATIVE PROVISIONS

EXECUTIVE FUNCTIONS

(a) The Commissioner, or, in his absence, a Deputy Commissioner, shall have charge of the administration of the naturalization laws, under the immediate direction of the Secretary of Labor, to whom the Commissioner shall report directly upon all naturalization matters annually and as otherwise required.

Proposed section 326 (a) retains the present provisions by which the Commissioner, or in his absence, a Deputy Commissioner, is charged with the administration, under the immediate direction of the Secretary of Labor, of the naturalization laws (sec. 1, act of June 29, 1906, 34 Stat. 596; U. S. C., title 8, secs. 351, 352; and sec. 3, act of March 4, 1913, 37 Stat. 737; U. S. C., title 8, sec. 353).

(b) The Commissioner, with the approval of the Secretary, shall make such rules and regulations as may be necessary to carry into effect the provisions of this chapter and is authorized to prescribe the scope and nature of the examination of petitioners for naturalization as to their admissibility to citizenship for the purpose of making appropriate recommendations to the naturalization courts. Such examination shall be limited to inquiry concerning the applicant's residence, good moral character, understanding of and attachment to the fundamental principles of the Constitution of the United States, and other qualifications to become a naturalized citizen as required by law, and shall be uniform throughout the United States. The first part of this proposed subsection is a continuance of the present statutory authority by which the Commissioner, with the approval of the Secretary of Labor, makes the necessary rules and regulations for carrying the naturalization law into effect (sec. 28, act of June 29, 1906; as amended by sec. 8, act of March 2, 1929, 45 Stat. 1515; U. S. C., title 8, sec. 356).

This subsection would recognize the practice which has been in operation since the basic Naturalization Act of 1906, providing for Federal administrative supervision of naturalization. The primary purpose in authorizing an administrative agency was to insure that an inquiry would be made in every naturalization case as to the eligibility and fitness of the applicant for citizenship. The courts then and now have no means by which such an inquiry can be made and must rely upon the administrative officers to carry out this important function. The necessity for the examination into the merits of naturalization applications having been recognized by Congress through the provisions made annually since 1906 to carry on this work, it is important that there be legislative recognition of the fact that it is a necessary safeguard in the granting of citizenship.

While the Constitution requires a "uniform" rule of naturalization, the fact that more than 2,000 Federal and State courts have naturalization jurisdiction, and the lack of any statutory provision by which the Immigration and Naturalization Service might prescribe the scope and nature of the examination to be accorded petitioners for naturalization, have resulted in much inconsistency, confusion, and contrariety of opinion and decision in this field. There have been wide differences of opinion among the many courts as to the nature and extent of the examination which applicants for naturalization should be given, and such differences even among the various naturalization judges in a single court. There has also been at times a lack of agreement as between the judges and

naturalization examiners. As it is hopeless to expect that the judges of the more than 2,000 courts, all of coordinate jurisdiction, would, acting independently, be able to arrive at a type of examination which would be uniform throughout the United States, it is suggested that the Commissioner of Immigration and Naturalization be authorized to prescribe the scope and nature of such examination. This would not only place the authority where it must in any event be normally exercised but would have the great merit of providing for a uniform test throughout the United States and in all of the naturalization courts.

It is felt, however, that there should be definite assurance that such examination would be confined to the essential elements necessary to be considered in determining the fitness for citizenship of any applicant. The proposed measure, therefore, specifies that such examination shall be limited to inquiry concerning the applicant's residence, good moral character, understanding of and attachment to the fundamental principles of the Constitution of the United States, and the other qualifications to become a naturalized citizen as required by law. The administrative examination would not, of course, prevent further interrogation of petitioner and witnesses by the court. (See comment in sec. 332.)

While the statutory authority which is now given naturalization examiners to conduct preliminary hearings, take testimony, and make recommendations to-the court for the admission or denial of petitions filed in the United States district courts, is a move in the direction of a more uniform naturalization law, a test which would be the same in every court throughout the United States would give a tremendous impetus in approaching the required uniformity of procedure. The confidence the judiciary reposes in the members of the Naturalization Service is indicated by the acceptance by the judges of United States district courts of the recommendations of the naturalization examiners based upon their hearings before the courts, in 99 percent of all cases submitted. These cover approximately 800,000 cases since 1926, when Congress authorized this procedure.

(c) The Commissioner is authorized to promote instruction and training in citizenship responsibilities of applicants for naturalization, including the sending of names of candidates for naturalization to the public schools, preparing and distributing citizenship textbooks to such candidates as are receiving instruction in preparation for citizenship within or under the supervision of the public schools, preparing and distributing monthly an immigration and naturalization bulletin, and securing the aid of and cooperating with official State and National organizations, including those concerned with vocational education.

Proposed subsection (c), which has been a part of the naturalization statutes since 1918, is a recognition of the need for the Federal Government to cooperate with both national and local agencies, particularly the public schools, in the preparation of naturalization applicants for better citizenship (subd. 9, sec. 4, act of June 29, 1906, as amended by sec. 1, act of May 9, 1918, 40 Stat. 544; U. S. C., title 8, sec. 387).

The public-school system is recognized as a helpful instrumentality through which the prospective citizen may receive the education which will give assurance of his intelligent participation in local, State, and National affairs when he has proved himself worthy of citizenship of the United States. By sending the names of candidates for naturalization to public-school agencies, they are enabled to contact the aliens and secure their interest in preparing themselves for citizenship by attendance upon English and citizenship classes.

The citizenship textbook has been prepared by educators and is distributed to candidates for citizenship receiving instruction under public-school supervision. Funds are provided in the appropriation for printing and binding of the Department of Labor for the cost of the citizenship textbook.

The same law which authorizes the textbook provides for the distribution of a monthly bulletin which furnishes a satisfactory means of keeping the field officers of the Immigration and Naturalization Service and official State and National organizations, including those concerned with vocational education, who cooperate helpfully with the Government in this important field of work, informed of the continual changes occurring in the immigration and naturalization laws, regulations, and procedure.

The activities described in this subsection provide valuable insurance against the exploitation of aliens and an important means of developing loyalty to the United States and its best traditions.

(d) The Commissioner shall prescribe and furnish such forms as may be required to give effect to the provisions of this chapter, and only such forms as may be so provided shall be legal. All certificates of naturalization and of citizenship shall be printed on safety paper and shall be consecutively numbered in separate series.

Proposed subsection (d) contains the present provisions by which the Commissioner of Immigration and Naturalization determines the necessary forms which are to be used and the precaution to be taken in using safety paper for certificates of naturalization and of citizenship (sec. 3, act of June 29, 1906, 34 Stat. 596; U. S. C., title 8, sec. 408; and sec. 28, act of June 29, 1906, as amended by sec. 8, act of March 2, 1929, 45 Stat. 1515; U. S. C., title 8, sec. 356).

(e) Members of the Service may be designated by the Commissioner or a Deputy Commissioner to administer oaths and to take depositions without charge in matters relating to the administration of the naturalization and citizenship laws. In cases where there is a likelihood of unusual delay or of hardship, the Commissioner or a Deputy Commissioner may, in his discretion, authorize such depositions to be taken before a postmaster without charge, or before a notary public or other person authorized to administer oaths for general purposes.

Proposed subsection (e) continues the present statutory authority by which the Commissioner or a Deputy Commissioner may designate members of the Immigration and Naturalization Service to administer oaths and to take depositions without charge in matters relating to the administration of the naturalization and citizenship laws (subd. 7, sec. 4, act of June 29, 1906, as amended by sec. 1, act of May 9, 1918, 40 Stat. 544; U. S. C., title 8, sec. 354; and subd. 4, sec. 4, act of June 29, 1906, as amended by sec. 6 (b), act of March 2, 1929, 45 Stat. 1514; U. S. C., title 8, sec. 382).

This authority enables the members of the Service so designated to function more efficiently and to expedite the handling of naturalization cases. The authority to administer oaths results in much greater care being exercised by applicants in making statements concerning their qualifications. The provision for members of the Service to take depositions also results in much greater care in the preparation of naturalization proof in addition to relieving applicants of much unnecessary expense and loss of time in the preparation of their cases.

It occasionally happens that depositions are required to be taken in isolated communities such as in Alaska or other sparsely settled territory. In order to avoid unnecessary delay which may arise from the infrequency of visits to such localities by immigration and naturalization officials, provision is made in the proposed code for depositions to be taken before a postmaster without charge, or before a notary public or other person authorized to administer oaths for general purposes.

(f) A certificate of naturalization or of citizenship issued by the Commissioner or a Deputy Commissioner under the authority of this chapter shall have the same effect in all courts, tribunals, and public offices of the United States, at home and abroad, of the District of Columbia, and of each State, Territory, and insular possession of the United States, as a certificate of naturalization or of citizenship issued by a court having naturalization jurisdiction.

Proposed subsection (f) carries into effect the provisions of the present law by which certificates of citizenship granted under statutory authority by the Commissioner of Immigration and Naturalization are given the same effect in courts, tribunals, and public offices as certificates issued by a court possessing naturalization jurisdiction (sec. 33a, act of June 29, 1906, as amended, as amended by sec. 9, act of March 2, 1929, 45 Stat. 1515; U. S. C., title 8, sec. 399c (a)).

(g) Certifications and certified copies of all papers, documents, certificates, and records required or authorized to be issued, used, filed, recorded, or kept under any and all provisions of this chapter shall be admitted in evidence equally with the originals in any and all cases and proceedings under this act and in all cases and proceedings in which the originals thereof might be admissible as evidence.

Proposed subsection (g) is substantially the same as the present provision of the act of 1906 by which certifications and certified copies of documents and other papers and records relating to naturalization are made admissible in evi