CASE 1

N. S., a native of Hungary, emigrated to the United States in 1887 or 1888, was naturalized as a citizen of the United States May 22, 1893, thereafter visited Hungary in the years 1893, 1899, 1901, 1903 or 1904, 1908, and 1911, and finally returned to Hungary to live in the spring of 1914. He remained in Hungary until his return to the United States in 1929 with a passport which had been issued for his immediate return to the United States. Shortly after his return he appealed to this Government to present a claim on his behalf against the Government of Hungary because of the alleged confiscation of funds by Hungary in the year 1920. The Department refused to present the claim on the ground that, at the time of the actions upon which the claim is based, Mr. S. was not in a position to overcome the presumption of loss of citizenship under the second paragraph of section 2 of the act of March 2, 1907, and has consistently maintained that position since that time. Attention is called to the following paragraph in a statement by the consul at Budapest on the reverse side of Mr. S.'s affidavit to explain protracted foreign residence and to overcome presumption of noncitizenship of November 23, 1925:

"The applicant has no statements to make other than those made by him when he applied for a passport on July 22, 1919, through the Royal Spanish consulate at Budapest. He claims that since 1920 he was seriously ill though he failed, however, when called upon to submit documentary evidence, to substantiate this statement. During the course of his interrogation he frankly admitted that he came to Hungary in 1913 with the purpose of remaining there permanently, having sold his business in the United States and transferring the receipts of his sales in the amount of $200,000 to Hungary."

CASE 2

N. C. was born in Italy on March 7, 1872, emigrated to the United States in 1903, obtained naturalization as a citizen of the United States on January 24, 1908, and has since resided partly in the United States and partly in Italy, where he had left his wife when he came to this country. It appears that, meantime, he has had 10 children born to him in Italy.

CASE 3

B. V. was born in Italy, October 5, 1879, emigrated to this country in 1899, obtained naturalization as a citizen of the United States June 16, 1904, returned to Italy in 1907 and thereafter resided in Italy during the following periods: 1907-1909; 1911-June 13, 1919; July 2, 1921-June 4, 1923; November 15, 1926February 23, 1928 (date of application).

It further appears that he served in the Italian army from May 25, 1915, to January 4, 1919, and that when he returned to Italy in 1926, he used an Italian passport.

In his affidavit accompanying the application, B. V. explained his foreign residence as follows:

"I came to Italy in 1926 for the purpose of my health and to visit my old father who died July 1927. Following his death I was obliged to remain in my native country to settle family affairs and I now wish to return to the United States." In the consul's report accompanying this application appears the following statement concerning this man:

"He states that he owns no property. in the United States; that at Sepino, Campobasso, Italy, he owns property consisting of land and a house in which he lives valued at lire 50,000 on which he pays an annual property tax of lire 50; that he was married to an Italian subject at Sepino, Campobasso, Italy, March 5, 1908; that five children were born of this union at Sepino, Campobasso, Italy; that his wife has never resided in the United States; that he was inducted into Italian military service and served from May 1915 to January 4, 1919; that his ties of family with Italy consist of his wife, five children, two sisters, and one brother; that in the United States he has two brothers-in-law."

CASE 4

P. M. was born in Ireland, March 13, 1878, emigrated to the United States in 1900, obtained naturalization as a citizen of the United States before the Circuit Court of the United States at Philadelphia, Pa., September 25, 1905, and took up his residence in Ireland in October of the same year. It thus appears that

he resided in the United States barely long enough to obtain naturalization, and left the United States and took up his residence in his native land immediately after his naturalization. Thereafter he took an active part in Irish politics and acted as an agent of the Irish Republic in several countries, including the United States. He returned to the United States to reside in 1930. His naturalization might have been canceled, under the provisions of the second paragraph of section 15 of the act of June 29, 1906, upon the ground that he established a residence of a permanent character abroad within 5 years after obtaining naturalization, but, in view of his return to this country to reside, it would seem that his naturalization is no longer subject to cancellation under the provision mentioned. He recently applied to the Department of State for recognition as a citizen of the United States. The difficulty in this case relates to the question of his naturalization under the law of the Irish Free State. As he was evidently domiciled in Ireland when the constitution of December 6, 1922, went into effect, it appears that he became naturalized as an Irish citizen under article 3 of the constitution.

CASE 5

G. M. was born at Pipsa, Greece, on March 10, 1894, emigrating to the United States on October 2, 1912. He resided continuously in the United States from 1912 to 1928, having completed his naturalization September 24, 1926. He returned to his native home in Greece in 1928 and remained until 1930. He again went to Greece in 1932 and is still residing there. On September 20, 1934, he applied for registration at the consulate in Athens, and in his accompanying affidavit to overcome presumption of noncitizenship he stated that he was "unable to return to the United States on account of the settlement of property affairs" and that he would "return when these affairs are settled."

The following statement by a vice consul at Athens appears on the reverse side of the affidavit just mentioned:

"The statement on the reverse hereof is not the true cause of the applicant's desire to remain in Greece where he maintains his permanent home

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"The applicant has no outstanding ties in the United States of a nature to demand his presence there. He abandoned his occupation there in 1928 to come to Greece and was unable to reestablish himself there during his last visit. He married in Greece in 1929 and has two children born here. He pays taxes in Greece but not in the United States and says he has not voted here. He owns in Greece a house, fields, and vineyards acquired since his arrival in 1928. He resides in his own house and is engaged in cultivating his property, labor he varies occasionally by working as a carpenter.

"The applicant has his permanent home in Greece where he continuously maintains his wife and children. He evidently has no genuine intention of disposing of it at present. His case appears rather one of the fraudulent, better say premature, naturalization. It is not thought that he is entitled to approval of his registration as an American citizen."

CASE 6

S. T. was born at Belpasso, Italy, on January 29, 1891, and emigrated to the United States in 1913. He resided continuously in the United States from 1913 to 1930, having been naturalized on October 5, 1928. He returned to Italy in 1930 and has been there ever since that time. On August 7, 1934, he executed an application for a passport at the American consulate in Palermo, Italy, but in his accompanying affidavit to overcome the presumption of noncitizenship he stated:

"I brought all my family with me to Italy, on account of my wife's condition of health. She has been ill for over 3 years with troubles of the stomach. I have also been ill with gastric catarrh, and not yet entirely recovered. I desire to stay in my native country for the purpose of health for about another year, when I will return to the United States with my entire family."

The American consul in his statement, appearing on the reverse side of the above affidavit, said:

"The officer accepting the affidavit on Form No. 213 is not entirely satisfied that the applicant's health is the controlling reason for his protracted foreign residence. He did not appear ill or unable to return to the United States when he called at this office. The applicant brought his family with him to Italy, and his wife on leaving the United States obtained a permit to reenter and as far as is known made no effort to have it extended. The applicant disposed of

his household in the United States, and brought all his savings, amounting to approximately $6,300.

"Under the circumstances the application for passport cannot be recommended for approval unless the applicant brings his case within the provisions of rule (g)."

CASE 7

A. X. was born at Heilbronn, Germany, on July 2, 1871, emigrated to the United States in 1891 and was naturalized as a citizen of the United States in 1894. In 1907 he returned to Germany with his wife and children where he has since resided except for two brief visits to the United States of less than 6 months each in 1922 and 1924. His wife has never left Germany and he claims his residence there to be on account of her health, though this is open to serious doubt. He owns the home in which he lives in Germany and other property to a considerable amount in that country, whereas in the United States he owns no property and pays no taxes. He does not appear to have any intention of returning to the United States for permanent residence and appears to be using his wife's ill health as an excuse for remaining in Germany.

CASE 8

S. D. was born in Poland, May 30, 1892, emigrated to the United States in, 1913 and was naturalized as a citizen of the United States on July 26, 1918. In 1922 he proceeded abroad and since that time has spent practically his entire time in Poland, with the exception of a few short visits to the United States prior to 1928. Since 1928 he has resided continuously in Poland.

Since 1922 Mr. D. has applied for passport facilities from this Government a number of times, asserting that he was residing abroad to care for his aged mother who was in poor health, and alleging that he would return to the United States for permanent residence when his mother died. However, when in 1934 he made an application for the extension of his passport, giving the same reasons for his foreign residence, the consular officer before whom the application was executed expressed the opinion that his mother's ill health was not the controlling cause of Mr. D's foreign residence, that he had no definite intention of returning to the United States and that he admitted that he desired a passport only to enable him to claim the protection of the United States while residing in Poland. The consular officer added that all of Mr. D's property was located in Poland, in which country he had deposits of $2,500 in gold coin and Zl. 8300 in Polish money.

CASE 9

J. M. was born in Cuba, on July 12, 1873, emigrated to the United States in 1887 and was naturalized as a citizen of the United States on August 15, 1894. Later, in August 1894, he left the United States and proceeded to Cuba where he has since continuously resided. He has been engaged in the ship chandling business in Cuba, has married a native of Cuba, and has raised a family there. His business became unprofitable, and, in 1928, he applied for an American passport for use, as he alleged, in returning to the United States with his wife and children for permanent residence, although he does not appear, between 1894 and 1928, to have asserted a claim of any kind to American citizenship, such as registering as an American citizen at an American consulate in Cuba. This application was not approved because Mr. M. appeared to have established a residence of a permanent character in Cuba within 5 years after his naturalization. However, had he not left the United States and established his residence abroad within 5 years after naturalization, thus bringing his case within the purview of section 15 of the Naturalization Act of June 29, 1906, the Department would have been obliged to grant him passport facilities under rule (g), for use in returning to this country.

CASE 10

J. S. was born in Germany, on May 14, 1865, emigrated to the United States in 1885, and was naturalized as a citizen of the United States on October 3, 1891. In 1896 Mr. S. left the United States and proceeded to Africa, where he resided in British and German colonies as a trader until 1929, in which year he returned to Germany, where he resided until 1933. In 1933, he returned to the United States and has since made various requests for passport facilities in order to go to East

Africa and resume his trading operations. He is said to own a farm in Africa which was presented to him by the German Government prior to the loss of its African colonies.

CASE 11

W. D. was born at Saltopal, Russia, January 27, 1889, emigrated to the United States in 1910, was naturalized as a citizen of the United States January 13, 1920, left the United States in September 1921, and has. never returned. He lived in Italy from September 1921 to November 1922, at which time he entered the Soviet Union, where he resided continuously until 1934, when he applied for an American passport for use in returning to the United States with his wife and child, who had resided with him while abroad.

Mr. D. is an opera singer and states that he remained in the Soviet Union to pursue his professional career.

Mr. D.'s case is complicated by his acquisition of Soviet citizenship, although under circumstances which make it appear that he may have been naturalized as a Soviet citizen without his knowledge and consent.

CASE 12.

N. J. was born in Leer, Germany, on June 24, 1859; emigrated to the United States in 1890; was naturalized as a citizen of the United States in 1896, and returned to Germany in 1900 where he has since resided with the exception of a very few brief visits to other foreign countries and to the United States. He was married in 1892 to a native of Germany and his children have been educated in Germany. He has applied for passports and for registration abroad as an American citizen on a number of occasions, asserting that his residence abroad was due to the représentation of American business and that he intended eventually to return to the United States permanently to reside.

On July 15, 1929, Mr. J. applied through the American consulate general at Berlin for a passport to enable him to visit Japan, China, Russia, England, and France on commercial business. In an accompanying affidavit to overcome the presumption of noncitizenship he stated:

"The principal reason for my stay in Germany is in the first place to transfer the experience and the progress continually made in the German works to our works in Keasbey and Metuchen, N. J.; furthermore, to study the possibilities of transferring the export from the European works to those in the United States, for which purpose I contemplate making a trip round the world in the forepart of next year, the object in mind being to transfer the preponderance of business gradually to the other side. The Deutsche Ton- & Steinzeugwerke, of which I am the general director, have a capital of 10 million reichsmarks, including an investment of about 22 million reichsmarks in common stock of the General Ceramics Company." However, the consular officer before whom the application was executed made the following statement:

"Based upon a careful investigation the undersigned is of the opinion that the applicant is by no means principally engaged in the promotion of American trade and commerce for the following reason:

"The following publication, the 'Adressbuch der Direktoren und Aufsichtsräte, 1928' (p. 423, Band II) states that Mr. N. J. is managing general director (Generaldirektor und Ordentliches Vorstandsmitglied) and that Director Felix Singer and Assistant Director Plinke are the other member-directors of the management of the Deutsche Ton- und Steinzeugwerke. Page 823 of volume 2 (Band II) states that N. J. residing at 23, Berliner Strasse, Berlin-Charlottenburg, is (1) managing director (General Direktor) of the Deutsche Ton- und Steinzeugwerke A.-G.) (2) chairman of the board of directors (Vorsitzender des Aufsichtsrats of the Richard Blumenfeld Veltener Oftenfabrik A.-G. in Velten; (3) vice chairman of the board of directors (Stellvertretender Vorsitzender des Aufsichtsrats) of the Bank für keramische Industrie A.-G. Keramik A.-G. Velton (Mark) Steatit Magnesia A.-G. and (4) member of the board of directors of seven German corporations (which are owned or controlled by the Deutsche Ton- und Steinzeugwerke A.-G.).

"Another publication, Handbuch der deutschen Aktiengesellschaften, Ausgabe 1928 (p. 2772) states that the Deutsche Ton- und Steinzeug-Werke A.-G. was founded in 1874 (under another name, however, until 1905); that this corporation, with a capital stock of 10,000,000 Reichsmark ($2,382,000) either owns or controls 12 other corporations or limited companies in Germany and 1 company in the United States, the General Ceramic Company in New York, of which the Deutsche Ton- und Steinzeug-Werke A.-G. holds $455,500 of the former's common stock of the total stock issued amounting to $655,000 common stock and $259,000 preferred

stock; that the voting rights of the preferred stock are connected with the possession of the common stock (the relationship not stated) so that the Deutsche Tonund Steinzeugwerke A.-G. always has a majority of votes at the stockholders meeting of the General Ceramic Company. The foregoing detailed information has been taken by the undersigned personally from the two German publications mentioned.

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"It is believed by the undersigned that the chief portion of the applicant's time is occupied with the affairs of the Deutsche Ton- und Steinzeugwerke A.-G. and that the statement that the principal reason for his stay in Germany is in the first place to transfer the experience and progress continually made in the German works to the works at Keasbey and Metuchen, N. J., is not in accord with the actual facts in the case. When asked what proportion of his time was spent in the interest of the General Ceramics Company in comparison with that devoted to the Deutsche Ton- und Steinzeugwerke A.-G., the applicant made evasive replies.

"The Berliner Börsen-Courier No. 322 of July 13, 1929, announces that GeneralDirektor N. J. has been granted the honorary degree of doctor in engineering by the Technische Hochschule of Hanover, Germany, in recognition of his services to the earthenware, tile, and allied industries.

"Inasmuch as the applicant has resided in the country of his origin (Germany) since the year 1900 to the present time with the exception of various short visits to the United States, together with the fact that he appears to be principally engaged in promoting German commerce and trade, it is the opinion of the undersigned that the applicant is unable to satisfactorily overcome the presumption of expatriation which has arisen in his case and that he is not entitled to a passport for residence abroad."

Special attention is called to the fact that Mr. J., who is now 76 years of age, has spent 66 years in Germany; that subsequent to his naturalization he resided in the United States for about 4 years, and has since resided abroad for a period of about 35 years.

CASE 13

C. M. was born in Italy, April 29, 1891, and emigrated to the United States in July 1907. He thus acquired citizenship by taking up a permanent residence in the United States as a minor, his father having been naturalized in 1896. He returned to Italy in 1911, entered the Italian army with his class, took the oath of allegiance in the usual manner, served 18 months, was recalled to the colors in 1914, and served throughout the war, being finally discharged on August 21, 1919. He returned to the United States in 1921, remained till 1923, went back again to Italy in 1923, returned once more to this country in 1925, and remained till 1932. In that year, he once again went back to Italy, returning to the United States in 1934. He has one son, born in Italy.

It is believed that cases of naturalized citizens residing in foreign countries other than those from which they came may be disposed of under the provision of section 337 (c) of the code, replacing the second paragraph of section 15 of the Naturalization Act of June 29, 1906, if it appears that they have established themselves permanently in such foreign countries within 10 years after obtaining naturalization, although in such cases the naturalization of the persons in question is not to be terminated as of the date when the foreign residence is acquired, but is to be canceled, as void ab initio.

The third question mentioned above, that is, whether there should be any exceptions to the rule laid down in section 402 (b) was given very careful attention in the committee. Notwithstanding the recommendations made by many consuls that there should be no exceptions to the rule, it was decided to adopt the exceptions contained in sections 403 and 404 (infra), since it was believed that otherwise the proposed provision of section 402 would prove to be unduly drastic in some cases and would impede normal international intercourse. Sec. 403. Section 402 shall have no application to a person:

(a) Who resides abroad in the employment and under the orders of the Government of the United States;

(b) Who is receiving compensation from the Government of the United States and residing abroad on account of disability incurred in its service. Subsection (a) of section 403 seems to require little comment. It is believed that comparatively few cases involving the application of this rule will arise. It might occasionally happen, however, that a naturalized citizen would be sent