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Notes of Decisions

Liability of disbursing officer. The forcible seizure by public enemies of public moneys in the hands of a Government agent against his will and without his fault is a suficient discharge from the obligation of his official bond. U. S. v. Thomas (1872), 15 Wall. 337, 341.

A disbursing officer's liability is as great as that of a common carrier, and in some respects greater. Boggs v. U. S. (1909), 44 Ct. Cl. 367.

That money was never in the Treasury is immaterial, inasmuch as it was public money, and the receiver's bond expressly bound him to account for all public moneys coming into his hands. (1891), 20 Op. Atty. Gen. 24.

Necessity for bond.-It is in the discretion of the President whether or not to require bonds of an officer of the Engineer Corps employed as disbursing agent of the Government. (1853), 6 Op. Atty. Gen. 24. Form of bond.-Where, during temporary absence of Secretary and Assistant Secretaries, chief clerk of Department of Interior, by authority of the Secretary, designated a special disbursing agent, under act of Mar. 4, 1911 (56 Stat. 1213), the bond should so show. (1911) 29 Op. Atty. Gen. 273.

Validity of bonds.-A bond extorted against the requirements of statute is illegal. U. S. v. Tingey (1831), 5 Pet. 115, 127. A voluntary bond held binding, though Id. not prescribed by positive law.

Though the small penalty named in an official bond may show that it was not supposed the officer would have such large sums to disburse as in fact came to his hands, that fact forms no defense to an action on the bond. Moses v. U. S. (1897), 166 U. S. 571.

The Government may, through the head of a department, take bond from a disbursing officer, though there be no law or general regulation requiring it; and a bond is none the less a voluntary bond because demanded by the superior officer, if not illegally extorted. Id.

Defenses. The acceptance by the United States of a new bond from a receiver of public money is no satisfaction for the damages accruing for the breach of the condition of the old bond. U. S. v. Girault (1850), 11 How. 22, 29.

Liability on bond.-Surety on bond of departmental disbursing agent held liable for money drawn on his official check, though not presented for payment until after his resignation. U. S. v. Maryland Casualty Co. (C. C. A. 1924), 299 Fed. 942.

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547. Property and disbursing officers of the United States.entering upon the performance of his duties as property and disbursing officer he shall be required to give good and sufficient bond to the United States, the amount thereof to be determined by the Secretary of War, for the faithful performance of his duties and for the safe-keeping and proper disposition of the Federal property and funds intrusted to his care. Sec. 67, act of June 3, 1916 (39 Stat. 200); U. S. C. 32: 49. 548. Officers of the National Guard.

* * * Provided further, That officers of the organized militia who may hereafter be furnished, under proper authority, with funds for the purchase of coffee, or other components of the travel ration for the use of their respective commands, shall not be required to furnish bonds for the safe-keeping and disbursement of the same. Act of May 11, 1908 (35 Stat. 117); U. S. C. 32: 48.

549. Property loaned to educational institutions.

He shall require

from each institution to which property of the United States is issued a bond in the value of the property issued for the care and safe-keeping thereof, except for uniforms, expendable articles, and supplies expended in operation, maintenance, and instruction, and for its return when required. Sec. 47, act of June 3, 1916 (39 Stat. 193) as amended by sec. 34, act of June 4, 1920 (41 Stat. 777); U. S. C. 10: 389.

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The section cited provides for issue of Government property by the Secretary of War to educational institutions maintaining units of the Reserve Officers' Training Corps. See 1956, post.

Bonds are also required to insure the care and safe-keeping of ordnance and ordnance stores, and quartermaster supplies, issued to educational institutions. See 1952, 1953, 1955, post.

Provided, That a bond shall not

550. Same; District of Columbia.be required on account of military supplies or equipment issued by the War Department for military instruction and practice by the students of high schools in the District of Columbia. Sec. 1, act of Feb. 25, 1929 (45 Stat: 1278), making appropriations for the District of Columbia.

A similar provision has appeared in prior appropriation acts.

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551. Citizenship; persons born in the United States.-All persons born in the United States and not subject to any foreign power, excluding Indians not taxed, are declared to be citizens of the United States. R. S. 1992; U. S. C. 8:1.

552. Same; Indians.-That all noncitizen Indians born within the territorial limits of the United States be, and they are hereby, declared to be citizens of the United States: Provided, That the granting of such citizenship shall not in any manner impair or otherwise affect the right of any Indian to tribal or other property. Act of June 2, 1924 (43 Stat. 253); U. S. C. 8: 3.

That every American Indian who served in the Military or Naval Establishments of the United States during the war against the Imperial German Government, and who has received or who shall hereafter receive an honorable discharge, if not now a citizen and if he so desires shall, on proof of such discharge and after proper identification before a court of competent jurisdiction, and without other examination except as prescribed by said court, be granted full citizenship with all the privileges pertaining thereto, without in any manner impairing or otherwise affecting the property rights, individual or tribal, of any such Indian or his interest in tribal or other Indian property. Act of Nov. 6, 1919 (41 Stat. 350); U. S. C. 8: 3.

553. Same; Hawaiians.-That all persons who were citizens of the Republic of Hawaii on August twelfth, eighteen hundred and ninety-eight, are hereby declared to be citizens of the United States and citizens of the Territory of Hawaii. And all citizens of the United States resident in the Hawaiian Islands who were resident there on or since August twelfth, eighteen hundred and ninety-eight, and all the citizens of the United States who shall hereafter reside in the Territory of Hawaii for one year shall be citizens of the Territory of Hawaii. Seo. 4, act of Apr. 30, 1900 (31 Stat. 141); U. S. C. 8:4.

554. Same; Porto Ricans.-That all citizens of Porto Rico, as defined by section seven of the Act of April twelfth, nineteen hundred, " temporarily to provide revenues and a civil government for Porto Rico, and for other purposes," and all natives of Porto Rico who were temporarily absent from that island on April eleventh, eighteen hundred and ninety-nine, and have since returned and are permanently residing in that island, and are not citizens of any foreign country, are hereby declared, and shall be deemed and held to be, citizens of the United

States: Provided, That any person hereinbefore described may retain his present political status by making a declaration under oath of his decision to do so within six months of the taking effect of this act before the district court in the district in which he resides, the declaration to be in form as follows: "I, -, being duly sworn, hereby declare my intention not to become a citizen of the United States as provided in the Act of Congress conferring United States citizenship upon citizens of Porto Rico and certain natives permanently residing in said island."

In the case of any such person who may be absent from the island during said six months the term of this proviso may be availed of by transmitting a declaration under oath in the form herein provided within six months of the taking effect of this Act to the executive secretary of Porto Rico: And provided further, That any person who is born in Porto Rico of an alien parent and is permanently residing in that island may, if of full age, within six months of the taking effect of this Act, or if a minor upon reaching his majority or within one year thereafter, make a sworn declaration of allegiance to the United States before the United States District Court for Porto Rico, setting forth therein all the facts connected with his or her birth and residence in Porto Rico and accompanying due proof thereof, and from and after the making of such declaration shall be considered to be a citizen of the United States. Sec. 5, act of Mar. 2, 1917 (39 Stat. 953); U. S. C. 8:5.

555. Same; children of citizens born outside the United States.-All children heretofore born or hereafter born out of the limits and jurisdiction of the United States whose fathers were or may be at the time of their birth citizens thereof are declared to be citizens of the United States; but the rights of citizenship shall not descend to children whose fathers never resided in the United States. R. S. 1993; U. S. C. 8:6.

556. Same; children of naturalized persons.-The children of persons who have been duly naturalized under any law of the United States, or who, previous to the passing of any law on that subject, by the Government of the United States, may have become citizens of any one of the States, under the laws thereof, being under the age of twenty-one years at the time of the naturalization of their parents, shall, if dwelling in the United States, be considered as citizens thereof; and the children of persons who now are, or have been, citizens of the United States, shall, though born out of the limits and jurisdiction of the United States, be considered as citizens thereof; R. 8. 2172; U. S. C. 8: 7.

557. Same; children born abroad of alien parents.-That a child born without the United States of alien parents shall be deemed a citizen of the United States by virtue of the naturalization of or resumption of American citizenship by the parent: Provided, That such naturalization or resumption takes place during the minority of such child: And provided further, That the citizenship of such minor child shall begin at the time such minor child begins to reside permanently in the United States. Sec. 5, act of Mar. 2, 1907 (34 Stat. 1229); U. S. C. 8: 8.

558. Expatriation; presumption.-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.

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 presenta

tion 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 Mar. 2, 1907 (34 Stat. 1228); U. S. C. 8: 17.

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. G01).

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 R. S. 2166, as amended by sec. 2, act of May 9, 1918 (40 Stat. 547), by returning to Switzerland and holding an elective office there while an allen. In re Wildberger (D. C. 1914), 214 Fed. 508.

This act is limited to naturalized citizens while 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 intend 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 noncitizenship. Id.

A native of Syria, who was naturalized in the United States and later returned to his Dative 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 (Cal. 1884), 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. 905; (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. 12812.

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. 11208.

559. 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 Mar. 2, 1907 (34 Stat. 1228); U. S. C. 8: 16.

Notes of Decisions

In general.-Under act of Mar. 4, 1923 (42 Stat. 1516), adding sec. 21 to the trading with the enemy act of Oct. 6, 1917, requiring naturalized citizen claiming property held by Alien Property Custodian, against whom a presumption of expatriation has arisen under 558, ante, from residence abroad, to give proof of his loy

alty during absence from the country, residence abroad during war time is counted in computing period of absence from country, notwithstanding provision in this section that no American citizen shall be allowed to expatriate himself when country is at war. Tharasch v. Miller (1925), 5 F. (2d) 118, 55 App. D. C. 295.

560. 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 United 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

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