When no record can be produced showing the naturalization of a foreigner, naturali zation may be inferred from the fact that for a long time he voted, held office, and exercised all the rights and privileges of a citizen; Boyd v. Nebraska, 143 U. S. 135, 12 Sup. Ct. 375, 36 L. Ed. 103.
The act of congress of June 29, 1906, "to establish a bureau of immigration and natu ralization, and to provide for a uniform rule for the naturalization of aliens throughout the United States," provides: Exclusive ju risdiction to naturalize aliens is conferred upon the United States district courts in any state or territory, the District of Columbia, etc., also on "all courts of record in any state or territory, * * * having a seal, a clerk, and jurisdiction in actions at law or equity, or law and equity, in which the amount in controversy is unlimited." The jurisdiction of the courts specified extends only to aliens resident within the respective judicial districts of such. courts. An alien shall declare on oath before the clerk of any such court two years prior to his admission, and after he has reached the age of eighteen years, that it is his intention to become a citizen of the United States. Not less than two years or more than seven years after the declaration, he shall file a petition in writing signed by him, setting forth certain specified facts. The petition shall be verified by at least two credible witnesses, who shall state that they have personally known the appli cant to be a resident of the United States for a period of at least five years continuous ly, and of the state or district for at least one year immediately preceding the date of the filing of the petition and that he is in every way qualified to become a citizen. Ap plicant shall declare on oath in open court that he will support the Constitution of the United States, and renounce allegiance to any foreign prince, and any title or order of no bility.
In addition to the applicant's oath, the tes timony of at least two witnesses as to the facts of residence, moral character and at tachment to the principles, of the constitu tion shall be required.
If the alien who has declared his inten tion dies before he is naturalized, his widow and minor children may be naturalized with out making any declaration. No person shall be naturalized or any certificate of naturali zation be issued within thirty days preced ing any general election within the district. The court may in its discretion, at the time of naturalization, make a decree changing the name of the alien and issue his certifi cate in the new name.
No person who disbelieves in organized government or is a member of or affiliated with any organization entertaining and teaching such disbelief, or advocates or teaches the duty, etc., of assaulting or killing of any officer or officers, or who is a polyg amist, shall be naturalized. Nor shall any one who cannot speak the English language, but this does not apply to those who are physically unable to do so, if they are other wise qualified.
Final hearing shall be in open court before a judge.
The act provides that any person belong ing to the class qualified to become citizens, who has resided constantly in the United States for five years preceding May 1, 1910, and who, on account of misinformation as to the naturalization laws, has acted under a wrong impression, may, by showing such facts to a court having jurisdiction, receive a certificate of naturalization without requir ing proof of filing a declaration of intention.
The act provides for cancelling naturaliza tions illegally procured. In Johannessen v. U. S., 225 U. S. 227, 32 Sup. Ct. 613, 56 L. Ed. 1066, it was held that this act was con stitutional, and that certificates of naturali zation, like patents for lands and inventions, can, when issued ex parte, be annulled for fraud. As to the result, if the government had exercised the power expressly given un der this act to appear and cross-examine, was not decided.
Aliens may be naturalized in one dominion of the British Empire, but do not thereby be come citizens of the empire or of any other dominion.
See ALIEN ; CHINESE : UITI7.EN ; ALLE GIANCE; EXPATRIATION ; WHITE PERSONS.