this chapter upon clerks of courts from fees retained under the provisions of this section by such clerks in naturalization proceedings. The requirement of subsection (f) that clerks of naturalization courts shall pay additional clerical force from naturalization fees retained by them follows the present statute (sec. 13, act of June 29, 1906, 34 Stat. 600; U. S. C., title 8, sec. 402). (g) All fees collected by the Commissioner and all fees paid over to the Commissioner by clerks of naturalization courts under the provisions of this chapter, shall be deposited by the Commissioner in the Treasury of the United States. The proposed requirement of subsection (g) of section 341 by which naturalization fees collected by the Commissioner and those paid over to him by clerks of courts shall be deposited in the Treasury of the United States is in accordance with the present law and practice (sec. 34, act of June 29, 1906, as amended, as amended by sec. 9, act of March 2, 1929, 45 Stat. 1516; U. S. C., title 8, sec. 399d). (h) In all naturalization proceedings in which an alien applying for a certificate of naturalization or of citizenship is represented by counsel, there is hereby established a limit of $25 for counsel's fees, except where legal action before a court requires extended legal service when the court may approve a reasonable fee in excess of $25. Proposed subsection (h) of section 341 continues the present limit of $25 for counsel fees in naturalization proceedings except where the court may approve a larger fee for extended legal service. The purpose intended is to prevent the exploitation of alien applicants through the charging of exorbitant fees (sec. 5, act of April 19, 1934, 48 Stat. 598; U. S. C., title 8, sec. 399f). (i) During the time when the United States is at war no clerk of a United States court shall charge or collect a naturalization fee from an alien in the military or naval service of the United States for filing a petition for naturalization or issuing a certificate of naturalization upon admission to citizenship, and no clerk of any State court shall charge or collect any fee for such services unless the laws of the State require such charge to be made, in which case nothing more than the portion of the fee required to be paid to the State shall be charged or collected. A report of all transactions under this subsection shall be made to the Commissioner as in the case of other reports required of clerks of courts by this chapter. Subsection (i) of section 341 continues the present provision of waiving of naturalization fees during time of war from aliens in the military and naval service of the United States. This provision was enacted during the World War, and under it many members of our armed forces were naturalized (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. 403). (j) In addition to the other fees required by this chapter, the petitioner for naturalization shall, upon the filing of a petition for naturalization, deposit with and pay to the clerk of the naturalization court a sum of money sufficient to cover the expenses of subpenaing and paying the legal fees of any witnesses for whom such petitioner may request a subpena, and upon the final discharge of such witnesses, they shall receive, if they demand the same from the clerk, the customary and usual witness fees from the moneys which the petitioner shall have paid to such clerk for such purpose, and the residue, if any, shall be returned by the clerk to the petitioner. The proposed subsection (j) follows the present law in providing for the subpena by the petitioner for naturalization of witnesses in his behalf (sec. 13, act of June 29, 1906, 34 Stat. 600; U. S. C., title 8, sec. 402). Sec. 342.-All mail matter of whatever class, relating to naturalization, including duplicate papers required by law or regulation to be sent to the Service by clerks of courts addressed to the Department of Labor or the Service, or any official thereof, and endorsed "Official Business," shall be transmitted free of postage and by registered mail if necessary, and so marked. Proposed section 342 continues the present statutory provision by which naturalization mail and documents are transmitted through the mail as "official business," free of postage (sec. 1, act of October 6, 1917, 40 Stat. 376; U. S. C., title 39, sec. 324). TEXTBOOKS Sec. 343.-Authorization is hereby granted for the publication and distribution of the citizenship textbook described in subsection (c) of section 326, and for the reimbursement of the printing and binding appropriation of the Department of Labor upon the records of the Treasury Department from the naturalization fees deposited in the Treasury through the Service for the cost of such publication and distribution, such reimbursement to be made upon statements by the Commissioner of books so published and distributed. Proposed section 343 is a continuation of the authorization which was granted in 1918 for the publication and distribution of the citizenship textbook which is referred to in proposed subsection 326 (c) of this chapter. The cost of the publication and distribution of the textbook was until July 1, 1935, met from naturalization fees (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). COMPILATION OF NATURALIZATION STATISTICS Sec. 344.-The Commissioner is authorized and directed to prepare from the records in the custody of the Service a report upon those heretofore seeking citizenship to show by nationalities their relation to the numbers of aliens annually arriving and to the prevailing census populations of the foreign born, their economic, vocational, and other classification, in statistical form, with analytical comment thereon, and to prepare such report annually hereafter. Payment for the equipment used in preparing such compilation shall be made from the appropriation, "Salaries and expenses, Immigration and Naturalization Service." Proposed section 344 would continue in operation the substance of the present provisions by which statistical data are required to be prepared from the naturalization records of the Service (sec. 10, act of March 2, 1929, 45 Stat. 1516; U. S. C., title 8, sec. 399e; and sec. 8, act of May 25, 1932, 47 Stat. 166). There are here filed 6,320,987 declarations of intention, 3,935,987 petitions for naturalization, and 3,521,022 certificates of naturalization, a total of nearly 14 million naturalization documents through the fiscal year 1934. In addition the archives contain 1,983,879 original immigration visas, 713,591 duplicate immigrant identification cards, and 49,601 records of registry which in many cases have a direct relation to naturalization status. The wealth of valuable information now hidden in these carefully filed papers required to be retained permanently by the Immigration and Naturalization Service at Washington should be made available for the use of legislative and administrative officers in considering new legislation upon this important subject. Such data possess general sociological value impossible of appraisal. The life histories of these seekers for citizenship of the United States when statistically compiled will shed valuable light upon the make-up of our population. PENAL PROVISIONS Sec. 345. (a) It is hereby made a felony for any alien or other person, whether an applicant for naturalization or citizenship, or otherwise, and whether an employee of the Government of the United States or not (1) Knowingly to make a false statement under oath, either orally or in of any law of the United States relating to naturalization or citizenship. writing, in any case, proceeding, or matter relating to, or under, or by virtue (2) Knowingly to procure or attempt to procure a. The naturalization of any such person, contrary to the provisions of any law; or b. Documentary or other evidence of naturalization or of citizenship of any such person, contrary to the provisions of any law. (3) To procure or attempt to procure any documentary or other evidence of naturalization or of citizenship of any person knowing or having reason to believe that such person is not entitled thereto. (4) To encourage, advise, aid, or assist any person a. Not then entitled or qualified under this chapter to apply for a declaration of intention, to apply for such declaration of intention, with knowledge or having reason to believe that such person was not then so entitled or qualified; or b. Not then entitled or qualified under this chapter to secure a declaration of intention, to obtain such declaration of intention, with knowledge that such person was not then so entitled or qualified; or c. Not then entitled or qualified under this chapter to apply for naturalization or citizenship, to apply for such naturalization or citizenship, with knowledge that such person was not then so entitled or qualified; or d. Not then entitled or qualified under this chapter to obtain naturalization or citizenship, to obtain such naturalization or citizenship, with knowledge that such person was not then so entitled or qualified; or e. Not then entitled or qualified under this chapter to apply for documentary or other evidence of naturalization or of citizenship, to apply for such documentary or other evidence of naturalization or of citizenship, with knowledge that such person was not then so entitled or qualified; or f. Not then entitled or qualified under this chapter to obtain documentary or other evidence of naturalization or of citizenship, to obtain such documentary or other evidence of naturalization or of citizenship, with knowledge that such person was not then so entitled or qualified. (5) To encourage, aid, advise, or assist any person not entitled thereto to obtain, accept, or receive any certificate of arrival, declaration of intention, certificate of naturalization, or certificate of citizenship, or other documentary evidence of naturalization or of citizenship a. Knowing the same to have been procured by fraud; or b. Knowing the same to have been procured by the use of or means of any false name or false statement given or made with the intent to procure the issuance of such certificate of arrival, declaration of intention, certificate of naturalization, or certificate of citizenship, or other documentary evidence of naturalization or of citizenship; or c. Knowing the same to have been fraudulently altered in any manner. (6) Knowingly, in any naturalization or citizenship proceeding, whether as the applicant, declarant, petitioner, witness, or otherwise in such proceeding a. To personate another person; b. To appear falsely in the name of a deceased person, or in an assumed or fictitious name. (7) Knowingly, contrary to the provisions of this chapter a. To issue a certificate of arrival, declaration of intention, certificate of naturalization, certificate of citizenship, or any other documentary evidence of naturalization or of citizenship; or b. To assist in or be a party to the issuance of a certificate of arrival, declaration of intention, certificate of naturalization, certificate of citizenship, or any other documentary evidence of naturalization or of citizenship. (8) Knowingly to possess without lawful authority or lawful excuse, and with intent unlawfully to use the same, any false, forged, antedated, or counterfeited certificate of arrival, declaration of intention, certificate of naturalization, certificate of citizenship, or any other documentary evidence of naturalization or of citizenship, purporting to have been issued under any law of the United States relating to naturalization or citizenship, knowing such certificate of arrival, declaration of intention, certificate of naturalization, certificate of citizenship, or any other documentary evidence of naturalization or of citizenship to be false, forged, antedated, or counterfeited. (9) Falsely to make, forge, or counterfeit any oath, notice, affidavit, certificate of arrival, declaration of intention, certificate of naturalization, certificate of citizenship, or any other documentary evidence of naturalization or of citizenship, or any order, record, signature, or other instrument, paper, or proceeding, required or authorized by any law relating to naturalization or citizenship. (10) To cause or procure to be falsely made, forged, or counterfeited, any oath, notice, affidavit, certificate, certificate of arrival, declaration of intention, certificate of naturalization, certificate of citizenship, or any other documentary evidence of naturalization or of citizenship, or any order, record, signature, or other instrument, paper, or proceeding, required or authorized by any law relating to naturalization or citizenship. (11) To aid or assist in falsely making, forging, or counterfeiting, any oath, notice, affidavit, certificate, certificate of arrival, declaration of intention, 65495-45-31 certificate of naturalization, certificate of citizenship, or any other documentary evidence of naturalization or of citizenship, or any order, record, signature, or other instrument, paper, or proceeding, required or authorized by any law relating to naturalization or citizenship. (12) To utter, sell, dispose of, or use as true or genuine, for any unlawful purpose, any false, forged, antedated, or counterfeited oath, notice, affidavit, certificate, certificate of arrival, declaration of intention, certificate of naturalization, certificate of citizenship, or any other documentary evidence of naturalization or of citizenship, or any order, record, signature, or other instrument, paper, or proceeding, required or authorized by any law relating to naturalization or citizenship. (13) To sell, or dispose of unlawfully, a declaration of intention, certificate of naturalization, certificate of citizenship, or any other documentary evidence of naturalization or of citizenship. (14) Knowingly to use in any manner for the purpose of registering as a voter, or as evidence of a right to vote, or otherwise unlawfully, any order, certificate, certificate of naturalization, certificate of citizenship, judgment, decree, or exemplification, showing any person to be naturalized or admitted to be a citizen, whether heretofore or hereafter issued or made, which has been unlawfully issued or made. (15) Knowingly and unlawfully to use, or attempt to use, any order, certificate, certificate of naturalization, certificate of citizenship, judgment, decree, or exemplification, showing any person to be naturalized or admitted to be a citizen, whether heretofore or hereafter issued or made, which has been issued to or in the name of any other person or in a fictitious name, or in the name of a deceased person. (16) To use or attempt to use any certificate of arrival, declaration of intention, certificate of naturalization, certificate of citizenship, or other documentary evidence of naturalization or of citizenship heretofore or which may hereafter be issued or granted, knowing the same to be forged, counterfeited, or antedated, or to have been procured by fraud or by false evidence, or without appearance or hearing of the applicant in court where such appearance and hearing are required, or otherwise unlawfully obtained. (17) To aid, assist, or participate in the use of any certificate of arrival, declaration of intention, certificate of naturalization, certificate of citizenship, or other documentary evidence of naturalization or of citizenship heretofore or which may hereafter be issued or granted, knowing the same to be forged, counterfeited, or antedated, or to have been procured by fraud or by false evidence, or without appearance or hearing of the applicant in court where such appearance and hearing are required, or otherwise unlawfully obtained. (18) Knowingly to falsely represent himself to be a citizen of the United States without having been naturalized or admitted to citizenship, or without otherwise being a citizen of the United States. (19) Knowingly, with the intent to avoid any duty or liability imposed or required by law, to deny that he has been naturalized or admitted to be a citizen, after having been so naturalized or admitted. (20) To engrave, without lawful authority, any plate in the likeness of any plate designed for the printing of a declaration of intention, or certificate of naturalization, or certificate of citizenship, or any other documentary evidence of naturalization or of citizenship. (21) To cause or procure to be engraved, without lawful authority, any plate in the likeness of any plate designed for the printing of a declaration of intention, or certificate of naturalization, or certificate of citizenship, or any other documentary evidence of naturalization or of citizenship. (22) To assist in engraving, without lawful authority, any plate in the likeness of any plate designed for the printing of a declaration of intention, or certificate of naturalization, or certificate of citizenship, or any other documentary evidence of naturalization or of citizenship. (23) To sell any plate in the likeness of any plate designed for the printing of a declaration of intention, or certificate of naturalization, or certificate of citizenship, or any other documentary evidence of naturalization or of citizenship, except by direction of the Commissioner or other proper officer of the United States. (24) To bring into the United States from any foreign place any plate in the likeness of any plate designed for the printing of a declaration of intention, certificate of naturalization, or certificate of citizenship, or any other documentary evidence of naturalization or of citizenship, except by direction of the Commissioner or other proper officer of the United States. (25) To have in the control, custody, or possession of any such alien or other person, any metallic plate engraved after the similitude of any plate from which any declaration of intention, or certificate of naturalization, or certificate of citizenship, or any other documentary evidence of naturalization or of citizenship, has been or is to be printed, with intent to use or to suffer such plate to be used in forging or counterfeiting any such declaration of intention, or certificate of naturalization, or certificate of citizenship, or other documentary evidence or any part thereof. (26) To bring into the United States from any foreign place, except by direction of the Commissioner or other proper officer of the United States, any declaration of intention, or certificate of naturalization, or certificate of citizenship, or any other documentary evidence of naturalization or of citizenship, printed from any metallic plate engraved after the similitude of any plate from which any declaration of intention, certificate of naturalization, or certificate of citizenship, or any other documentary evidence of naturalization or of citizenship has been or is to be printed. (27) To have in his possession, without lawful authority, any blank certificate of arrival, blank declaration of intention, or blank certificate of naturalization or of citizenship, provided by the Service, with the intent unlawfully to use the same. (28) To have in his possession a distinctive paper which has been adopted by the proper officer or agency of the United States for the printing or engraving of any declaration of intention, or certificate of naturalization or of citizenship, with intent unlawfully to use the same. (29) To print, photograph, make, or execute, or in any manner cause to be printed, photographed, made, or executed, without lawful authority, any print or impression in the likeness of any certificate of arrival, declaration of intention, or certificate of naturalization or of citizenship, or any part thereof. (30) Knowingly to procure or attempt to procure an alien or other person to violate any of the provisions of this chapter. (31) Failing, after at least 60 days' notice, by the appropriate court or the Commissioner or a Deputy Commissioner, to surrender a certificate of naturalization or citizenship which has been canceled, in accordance with the provisions of this chapter, such person having such certificate in his possession or under his control. (32) Knowingly to certify that an applicant, declarant, petitioner, affiant, witness, deponent, or other person named in an application, declaration, petition, affidavit, deposition, or certificate of naturalization, or certificate of citizenship, or other paper or writing required or authorized to be executed or used under the provisions of this chapter, personally appeared before the person making such certification and was sworn thereto or acknowledged the execution thereof, or signed the same, when in fact such applicant, declarant, petitioner, affiant, witness, deponent, or other person, did not personally appear before the person making such certification, or was not sworn thereto, or did not execute the same, or did not acknowledge the execution thereof. (33) Knowingly to demand, charge, solicit, collect, or receive, or agree to charge, solicit, collect, or receive any other or additional fees or moneys in naturalization or citizenship or other proceedings under this chapter than the fees and moneys specified in such chapter. (34) Willfully to neglect to render true accounts of moneys received by any clerk of a naturalization court or such clerk's assistant or any other person under this chapter or willfully to neglect to pay over any balance of such moneys due to the United States within 30 days after said payment shall become due and demand therefor has been made and refused, which neglect shall constitute embezzlement of the public moneys. The criminal statutes concerning naturalization and citizenship have been greatly in need of careful examination, organization, and restatement in more consistent form. More than 100 offenses in relation to these subjects have been described in current legislation and penalties prescribed for their commission. While such criminal acts have long been regarded as serious attacks upon government itself, there has been considerable variance in the degree of punishment prescribed. For instance, fines have ranged from $1,000 to $10,000, and imprison |