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alien who has filed his petition for naturallzation prior to a declaration of war with bis country is entitled to receive his cer. tificate of naturalization thereafter, see
Grahl v. U. S. (C. C. A. 1919), 261 Fed. 487, and cases cited in footnotes thereto; U. 6. v. Kamm (D. C. 1918), .247 Fed. 968.
2952. Validity of declarations of intention made prior to Sept. 27, 1906.--That all certificates of naturalization granted by courts of competent jurisdiction prior to December thirty-first, nineteen hundred and eighteen, upon petitions for naturalization filed prior to January thirty-first, nineteen hundred and eighteen, upon declarations of intention filed prior to September twentyseventh, nineteen hundred and six, are hereby declared to be valid in so far as the declaration of intention is concerned, but shall not be by this Act further validated or legalized.
Sec. 3, act of May 9, 1918 (40 Stat. 548). 2953. Counterfeiting certificates of citizenship.---Whoever shall engrave, or cause or procure to be engraved, or assist in engraving, any plate in the likeness of any plate designed for the printing of certificate of citizenship; or whoever shall sell any such plate, or shall bring into the United States from any foreign place any such plate, except under the direction of the Secretary of Commerce and Labor or other proper officer; or whoever shall have in his control, custody, or possession any metallic plate engraved after the similitude of any plate from which any such certificate has been printed, with intent to use or to suffer such plate to be used in forging or counterfeiting any such certificate or any part thereof; or whoever shall print, photograph, or in any manner cause to be printed, photographed, made, or executed, any print or impression in the likeness of any such certificate, or any part thereof; or whoever shall sell any such certificate, or shall bring the same into the United States from any foreign place, except by direction of some proper officer of the United States; or whoever shall have in his possession a distinctive paper which has been adopted by the proper officer of the United States for the printing of such certificate, with intent unlawfully to use the same, shall be fined not more than ten thousand dollars, or imprisoned not more than ten years, or both. Sec. 75, Criminal Code, act of March 4, 1909 (35 Stat. 1102).
2954. Expatriation of citizens of the United States.—That 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.
Sec. 2, act of March 2, 1907 (34 Stat. 1228)..
The right of expatriation was declared by R. S. 1999.
The cancellation of the certificate of citizenship of a naturalized citizen taking permanent residence in a foreign country was authorized by sec. 15, act of June 29, 1906 (34 Stat. 601).
Notes of Decisions.
Application of law.--This act held to apply only to citizens, and that an honorably discharged soldier of the United States was not barred of his right to become a citizen, as provided by 2938, ante, by returning to Switzerland and holding an elective office there while an alien. In re Wild berger (D, C. 1914), 214 Fed. 508.
This act is limited to naturalized citizens wbile residing in foreign countries beyond the period stated in that act, the object being to relieve the Government from the obligation of protecting such citizens after a
residence abroad of sufficient duration to raise the presumption that they do not in. tend to return to the United States. (1910) 28 Op. Atty. Gen. 504.
The act does not apply to citizens who return to the United States, as the act of returning rebuts the presumption of nonciti. zenship. Id.
A native of Syria, who was naturalized in the United States and later returned to bis native country, where he married a Syrian woman and remained in that country for more than two years, and then came back to
the United States, bringing his wife with him, did not thereby cease to be a citizen of the United States. Id.
Oath of allegiance.-- Browne V. Dexter (1884), 66 Cal, 39, 4 Pac. 913.
Naturalization.--By the common law, allegiance to the Government of the country of one's birth can not be discharged by naturalization in a foreign country. Ainslie v. Martin (1813), 9 Mass. 454.
Expatriation in time of war.-In re Look Tin Sing (C. C. 1884), 21 Fed. 903 ; (1857) 9 Op. Atty. Gen. 63.
Secession. The acts of the people of the States in rebellion merely suspended the practical relations of those States to the Union, but did not for a moment effect their separation therefrom. Shortridge v. Macon (C. C. 1867), Fed. Cas. No. 12,812.
A citizen of a seceding State, who adheres to the Union cause, and retires within the Federal lines, and remains there during the rebellion, though he intends to return after hostilities cease, continues to be a citizen of the United States. Planters' Bank v. St. John (C. C. 1869), Fed. Cas, No. 11,208.
2955. Expatriation by prolonged residence in a foreign country.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: * * * Sec. 2, act of March 2, 1907 (34. Stat. 1228). 2956. Expatriation prohibited in time of war.--
And provided also, That no American citizen shall be allowed to expatriate himself when this country is at war. Sec. 2, act of March 2, 1907 (34 Stat. 1228).
2957. Repatriation of veterans of allied armies.-Twelfth. That any person who, while a citizen of the United States and during the existing war in Europe, entered the military or naval service of any country at war with a country with which the United States is now at war, who shall be deemed to have lost his citizenship by reason of any oath or obligation taken by him for the purpose of entering such service, may resume his citizenship by taking the oath of allegiance to the United States prescribed by the naturalization law and regulations, and such oath may be taken before any court of the United States or of any State authorized by law to naturalize aliens or before any consul of the Unitel States, and certified copies thereof shall be sent by such court or consul to the Department of State and the Bureau of Naturalization, and the Act (Public fifty-five, Sixty-fifth Congress, approved October fifth, nineteen hundred and seventeen), is hereby repealed. Par. 12, added to sec. 4, act of June 29, 1906, 8Cc. 1, act of May 9, 1918 (10 stat, 545).
2958. Restraint of alien enemies in time of war.--Whenever there is a declared war between the United States and any foreign nation or government, or any invasion or predatory incursion is perpetrated, attempted, or threatened against the territory of the United States by any foreign nation or government, and the President makes public proclamation of the event, all natives, citizens, denizens, or subjects of the hostile nation or government, being of the age of fourteen years and upward, who shall be within the United States and not actually naturalized, shall be liable to be apprehended, restrained, secured, and removed as aien enemies. The President is authorized, in any such event, by his proclamation thereof, or other public act, to direct the conduct to be observed, on the part of the United States, toward the aliens who become so liable; the manner and degree of the restraint to which they shall be subject and in what cases, and upon what security their residence shall be perunitted, and to provide for the removal of those who, not being permitted to resiile within the United States, refuse or neglect to depart therefrom; and to establish any other regulations which are found necessary in the premises and for the public safety. R. S. 4067, as amended by act of April 16, 1918 (90 Stat. 531).
Notes of Decisions.
Construction. This section is not limited by R. S. 4069, the latter section simply providing a method of dealing with alien enemies additional to that in this section. Ex parte Graber (D. C. 1918), 247 Fed. 882,
Validity.--Alien enemies have no rights and privileges, unless by special favor, during time of war, and an act authorizing the restraint and removal of alien enemies is not invalid as depriving such persons of liberty without process of law; the constitutional safeguards not extending to enemies. De Lacey v. U. S. (C. C. A. 1918), 249 Fed. 624.
Habeas corpus.—The action of the President in ordering the summary arrest and detention of an alien enemy under this section is conclusive, and not subject to judicial review on habeas corpus. Ex parte Graber (D. C. 1918), 247 Fed. 882 ; Ex parte Frouklin (D. C. 1918), 253 Fed. 984.
The court may inquire, on habeas corpus, whether the person apprehended is in fact a native, citizen, denizen, or subject of a hostile nation or government, since the statute provides for no preliminary hearIng; but the proceeding is not further reviewable, being essentially an executive function, within the discretion of the President. Ex parte Gilroy (D. C. 1919), 257 Fed. 110.
Burden of proof.-On habeas corpus the burden of proof is on the petitioner to satisfy the court that he is not a native, citizen, denizen, or subject of a hostile nation or Government. Ex parte Risse (D. C. 1919), 257 Fed. 102.
Native " defined." Native" indicates the place of birth, although one may not gwe allegiance to the place where he was born, Minotto 0. Bradley (D. C. 1918), 252 Fed. 600,
Citizenship.--A man was born in the United States, but his parents took him to Germany during his minority and were naturalized there. Before attaining bis majority, he returned to this country to live, and there was no conduct on his part after he became of age amounting to an election of German citizenship. lield, he is an American citizen. Steinkauler's Case, 12 Ops. Atty. Gen. 15, 17; Ladlam 0. Ludham, 25 N. Y, 356, 376; State ex rel. Phelps v. Jackson, Vt. Sup. Ct. 1907, 65 Atl. 657.
A naturalized citizen who returns to the country of his origin does not lose his citizenship, though he remains there indetinitely, if his purpose is to return to the land of his adoption; the test being one of intention. Banning v. Penrose (D. C. 1919), 255 Fed. 159.
2959. Restraint of declarants in time of war.
Provided, however, That 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 previons to the actual naturalization of such alien ; and section twenty-one hundred and seventy-one of the Revised Statutes of the United States is hereby repealed :
Par. 11, added to sec. \, act of June 29, 1906 (34 Stat. 596), by scc. 1, act of May 9, 1918 (40 Stat. 5.45).
R. S. 2171 was as follows:
“No alien who is a native citizen or subject, or a denizen of any country, state, or sovereignty with which the United States are at war, at the time of his application, shall be then admitted to become a citizen of the United States."
Notes of Decisions.
Restraint of alien.—The petitioner was Interned under the provisions of the presi. dential proclamation with reference to alien enemies. He claimed to be a citizen of Italy. He sought release from intern. ment by writ of habeas corpus. The peti
tioner was born in Germany, his mother was born in Germany, his ather was born in Austria, and the family resided in Ger. many until a short time before the peti. tioner came to the United States, The writ of habeas corpus was denied, on the
ground that since the petitioner was a native of Germany the action of the President in interning bim can not be controlled by the courts. Minotto v. Bradley, V. S. Dist. Ct., N. Dist. Ill. Interpretation of War Statutes, Bulletin 105.
Treasonable acts by alien.--Note conclud. ing that an interned alien may be convicted and punished for treasonable acts committed during internment, citing Car
lisle 1. United States (16 Wall. 147), 22 Law Notes 102.
Declarant an alien enemy.--A subject of Austria-Hungary, residing within the United States when war was declared, who had declared his intention to become a citizen but had never been naturalized, is an alien enemy. Ex parte Graber (D. C. 1918), 247 Fed. 882.
2960. Attempt of interned aliens to escape.-Whoever, being a person belonging to the armed land or naval forces of a belligerent nation or belligerent faction of any nation and being interned in the United States, in accordance with the law of nations, shall leave or attempt to leave said jurisdiction, or shall leave or attempt to leave the limits of internment in which freedom of movement has been allowed, without permission from the proper official of the United States in charge, or shall willfully overstay a leave of absence granted by such official, shall be subject to arrest by any marshal or deputy marsbal of the United States, or by the military or naval authorities thereof, and shall be returned to the place of internment and there confined and safely kept for such period of time as the official of the United States in charge shall direct; and whoever, within the jurisdiction of the United States and subject thereto, shall aid or entice any interned person to escape or attempt to escape from the jurisdiction of the United States, or from the limits of internment prescribeci, shall be fined not more than $1,000 or imprisoned not more than one year, or both. Sec. 7, title V, act of June 15, 1917 (40 Stat. 223).
2961. Control of telegraph lines in Alaska.- * * Provided further, That po telegraph or cable lines owned or operated or controlled by persons not citizens of the United States, or by any foreign corporation or government, shall be established in or permitted to enter Alaska. Act of May 26, 1900 (31 Stat. 206).
CONTROL OF NECESSARIES.
Control of necessaries, 2962.
Period of operation, 2965.
Distilled spirits, 2968.
Ores, minerals, etc. :
private persons, 2973.
2962. Control of necessaries in time of war.-That by reason of the existence of a state of war, it is essential to the national security and defense, for the successful prosecution of the war and for the support and maintenance of the Army and Navy; to assure an adequate supply and equitable distribution, and to facilitate the movement of foods, feeds, wearing apparel, containers pri. marily designed or intended for containing foods, feeds, or fertilizers; fuel, including fuel oil and natural gas, and fertilizer and fertilizer ingredients, tools, utensils, implements, machinery, and equipment required for the actuat production of foods, feeds, and fuel, hereafter in this Act called necessaries; to prevent, locally or generally, scarcity, monopolization, hoarding, injurious speculation, manipulation, and private controls affecting such supply, distribution, and movement; and to establish and maintain governmental control of such necessaries during the war. For such purposes the instrumentalities, means, methods, powers, authorities, duties, obligations, and prohibitions hereinafter set forth are created, established, conferred, and prescribed. The President is authorized to make such regulations and to issue such orders as are es sential effectively to carry the provisions of this Act. Sec. 1, act of Aug. 10, 1917 (40 stat. 276), as amended by sec. 1, act of Oct. 22, 1919 (41 Stat. 297).
This is similar to sec. 1, of the act of Aug. 10, 1917, with the exception of the words, “ wearing apparel, containers primarily designed or intended for containing foods, feeds, or fertilizers ;"
Notes of Decisions.
.-"Necessaries," as defined in this section, as amended, includes only articles mentioned therein, and the rule of ejusdem generis can not make “necessaries," as used in this section and section 4 of the act of Aug. 10, 1917, include articles of the same nature as specified, since
the sections in question contain no general words in addition to the specific ones. U. S. V. Amer. Woolen Co. (D. C. 1920), 265 Fed. 404.
Woolen cloth is not “ wearing apparel " within the meaning of this act. Id.
See also notes to 2963, post.
2963. Validity of the Food and Fuel Act.--That if any clause, sentence, paragraph, or part of this Act shall for any reason be adjulgeci by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the