Log Cabin Memorial - Veterans 314th Infantry Regiment A.E.F.


Selective Service Law - May 18, 1917

I copy-and-pasted (and somewhat cleaned-up typos) from Google's Digitized Books,
"Draft", Volume 3, starting on page 349 and continuing to page 373.
 
A copy of that book is mirrored here (1,063 pages and 65 Megabytes) (see page 265 of the PDF)
"Selective Service System - Its Aims and Accomplishments, Its Future - Washington: Government Printing Office: 1917"
 
For the convenience of reference by members of boards and in order that they may be in a position to advise all persons within the purview of the law of their duties and obligations thereunder or to admonish them in case of necessity of the penalties attaching to failure or neglect to perform their duties and to attempts to defeat the administration of the law there is printed below the selective service act approved May 18 1917 with laws and resolutions amendatory thereof and supplementary thereto including a law containing special provisions governing naturalization the British Canadian Conventions governing the matter of the reciprocal drafting of citizens or subjects Of the one resident within the jurisdiction of the other sections 37 125 and 332 of the Criminal Code of the United States and the War Risk Insurance Law approved October i 1917 ith the amendments thereto Members of boards are urged thoroughly to familiarize themselves with the statute and to inform themselves of the provisions of such sections of the Criminal Code of the United States
 
I. SELECTIVE SERVICE LAW
 
AN ACT To authorize the President to Increase temporarily the Military Establishment of the United States. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled That In view of the existing emergency which demands the raising of troops in addition to those now available the President be and he is hereby authorized
 
First. Immediately to raise organize officer and equip ail or such number of increments of the Regular Army provided by the national defense Act approved June third nineteen hundred and sixteen or such parts thereof as he may deem necessary to raise all organizations of the Regular Army including those added by such increments to the maximum enlisted strength authorized by law Vacancies in the Regular Army created or caused by the addition of increments as herein authorized which can not be filled by promotion may be filled by temporary appointment for the period of the emergency or until replaced by permanent appointments or by provisional appointments made under the provisions of section twenty three of the national defense Act approved June third nineteen hundred and sixteen and hereafter provisional appointments under such section may be terminated whenever it is determined in the manner prescribed by the President that the officer has not the suitability and fitness requisite for permanent appointment
 
Second. To draft into the military service of the United States, organize, and officer, in accordance with the provisions of section one hundred and eleven of said national defense Act, so far as the provisions of said section may be applicable and not inconsistent with the terms of this Act any or all members of the National Guard and of the National Guard Reserves and said members so dratted into the military service of the United States shall serve therein for the period of the existing emergency unless sooner discharged Provided That when so drafted the organizations or units of the National Guard shall so far as practicable retain the State designations of their respective organizations
 
Third. To raise by draft as herein provided organize and equip an additional force of five hundred thousand enlisted men or such part or parts thereof as he may at any time deem necessary and to provide the necessary officers line and staff for said force and for organizations of the other forces hereby authorized or by combining organizations of said other forces by ordering members of the Officers Reserve Corps to temporary duty in accordance with the provisions of section thirty eight of the national defense Act approved June third nineteen hundred and sixteen by appointment from the Regular Army the Officers Reserve Corps from those duly qualified and registered pursuant to section twenty three of the act of Congress approved January twenty first nineteen hundred and three Thirty second Statures at Large page seven hundred and seventy five from the members of the National Guard drafted into the service of the United States from those who have been graduated from educational institutions at which military instruction is compulsory or from those who have had honorable service In the Regular Army the National Guard or in the volunteer forces or from the country at large by assigning retired officers of the Regular Army to active duty with such force with their rank on the retired list and the full pay and allowances of their grade or by the appointment of retired officers and enlisted men active or retired of the Regular Army sis commissioned officers in such forces Provided That the organization of said force shall be the same as that of the corresponding organizations of the Regular Army Provided further That the President is authorized to increase or decrease the number of organizations prescribed for the typical brigades divisions or army corps of lie Regular Army and to prescribe such new and different organizations and personnel for army corps divisions brigades regiments battalions squadrons companies troops and batteries as the efficiency of the service may require Provided further That the number f organizations in a regiment shall not be increased nor shall the number of regiments be decreased Provided further That the President in his discretion may organize officer and equip for each Infantry and Cavalry brigade three machin gun companies and for each Infantry nnd Cavalry division four machine gun companies all in addition to the machine gun companies comprised in organizations included In such brigades and divisions Prorded further That the President in his discretion may organize for each divison one armored motor car machine gun company The machine gun companies organized under this section shall consist of such commissioned nnd enlisted personnel and be equipped in such manner as the President may prescribe And provided further That officers with rank not above that of colonel shall be appointed by the President alone and officers above that grade by the President by and with the advice and consent of the Senate Provided fwrthcr That the President may in his discretion recomuiission in the Coast Guard persons who have he e tofore held commissions in the Revenue Cutter Service or the Coast Guard and have left the service honorably after ascertaining that they are qualified for service physically morally and as to age and military fitness for service physically morally and as to age and military fitness
 
Fourth. The President is further authorized in his discretion nnd at such time as he may determine to raise and begin the training of an additional force of five hundred thousand men organized officered and equipped as provided for the force first mentioned in the preceding paragraph of this section
 
Fifth. To raise by draft organize equip and officer as provided in the third paragraph of this section in addition to and for each of the above forces such recruit training units as he may deem necessary for the maintenance of such forces at the maximum strength
 
Sixth. To raise organize officer and maintain during the emergency such number of ammunition batteries and battalions, depot batteries and battalions, and such artillery parks with such numbers and grades of personnel as he may deem necessary Such organizations shall be officered in the manner provided in the third paragraph of this section and enlisted men may be assigned to said organization from any of the forces herein provided for or raised by selective draft us by this Act provided
 
Seventh. The President is further authorized to raise and maintain by voluntary enlistment to organize and equip not to exceed four infantry divisions the officers of which shall be selected in the manner provided by paragraph three of section one of this act Provided That the organization of said force shall be the same as that of the corresponding organization of the Regular Army And provided further That there shall 1k no enlistments in said force of men under twenty five years jpf age at time of enlisting _l rf provided further That no such volunteer force shall be accepted in any unit smaller than a division than a division.
 
Sec. 2. That the enlisted men required to raise and maintain the organizations of the Regular Army and to complete and maintain the organizations embodying the members of the National Guard drafted into the service of the United States at the maximum legal strength as by this Act provided shall be raised by voluntary enlistment or if and whenever the President decides that they can not effectually be so raised or maintained then by selective draft and all other forces hereby authorized except as provided in the seventh paragraph of section one shall be raised and maintained by selective draft exclusively but this provision shall not prevent the transfer to any force of training cadres from other forces Such draft as herein provided shall be based upon liability to military service of all male citizens or male persons not alien enemies who have declared their Intention to become citizens between the ages of twenty one and thirty years both inclusive and shall take place and be maintained under such regulations as the President may prescribe not inconsistent with the terms of this Act Quotas for the several States Territories and the District of Columbia or subdivisions thereof shall be determined in proportion to the population thereof and credit shall be given to any State Territory District or subdivision thereof for the number of men who were ia the military service of the United States as members of the National Guard on April first nineteen hundred and seventeen or who have since Maid date entered the military service of the United States from any such State Territory District or subdivision either as members of the Regular Army or the National Guard All persons drafted into the service of the United States and all officers accepting commissions in the fo ees herein provided for shall from the date of said draft or acceptance be subject to the laws and regulations governing the Regular Army except as to promotions so far as such laws and regulations are applicable to persons whose permanent retention in the military service on the active or retired list is not contemplated by existing law and those drafted shall be required to serve for the period of the existing emergency unless sooner discharged Provided That the President is authorized to raise and maintain by voluntary enlistment or draft as herein provided special and technical troops as he may deem necessary and to embody them into organizations and to officer them as provided in the third paragraph of section one and section nine of this Act Organizations of the forces herein provided for except the Regular Army and the divisions authorized in the seventh paragraph of section one shall as far as the interests of the service permit be composed of men who come and of officers who are appointed from the same State or locality
 
Sec. 3. No bounty shall be paid to induce any person to enlist in the military service of the United States and no person liable to military service shall hereafter be permitted or allowed to furnish a substitute for such service nor shall any substitute be received enlisted or enrolled in the military service of the United States and no such person shall be permitted to escape such service or to be discharged therefrom prior to the expiration of his term of service by the payment of money or any other valuable thing whatsoever as consideration for his release from military service or liability thereto
 
Sec. 4. That the Vice President of the United States the officers legislative executive and judicial of the United States and of the several States Territories and the District of Columbia regular or duly ordained ministers of religion students who at the time of the approval of this Act are preparing for the ministry in recognized theological or divinity schools and all persons in the military and naval service of the United States shall be exempt from the selective draft herein prescribed and nothing in this Act contained shall be construed to require or compel any i erson to serve in any of the forces herein provided for who is found to be a member of any well recognized religious sect or organization at present organized and existing and whose existing creed or principles forbid its members to participate in war in any form and whose religious convictions are against war or participation therein in accordance with the creed or principles of said religions organizations but no person so exempted shall be exempted from service in any capacity that the President shall declare to be noncombatant and the President is hereby authorized to exclude or discharge from said selective draft and from the draft under the second paragraph of section one hereof or to draft for partial military service only from those liable to draft as in this Act provided persons of the following classes County and municipal officials customhouse clerks persons employed by the United States in the transmission of the mails artificers and workmen employed in the armories arsenals and navy yards of the United States and such other persons employed in the service of the United States as the President may designate pilots mariners actually employed in the sea service of any citizen or merchant within the United States persons engaged in industries including agriculture found to be necessary to the maintenance of the Military Establishment or the effective operation of the military forces or the maintenance of national interest during the emergency those in a status with respect to persons dependent upon them for support which renders their exclusion or discharge advisable and those found to be physically or morally deficient No exemption or exclusion shall continue when a cause therefor no longer exists Provided That notwithstanding the exemptions enumerated herein each State Territory and the District of Columbia shall be required to supply its quota in the proportion that its population bears to the total population of the United States.
 
The President is hereby authorized in his discretion to create and establish throughout the several States and subdivisions thereof and in the Territories and the District of Columbia local boards and where in his discretion practicable and desirable there shall be created and established one such local board in each county or similar subdivision in each State and one for approximately each thirty thousand of population in each city of thirty thousand population or over according to the last census taken or estimates furnished by the Bureau of Census of the Department of Commerce Such boards shall be appointed by the President and shall consist of three or more members none of whom shall be connected with the Military Establishment to be chosen from among the local authorities of such subdivisions or from other citizens residing in the subdivision or area in which the respective boards will have jurisdiction under the rules and regulations prescribed by the President Such boards shall have power within their respective jurisdictions to hear and determine subject to review as hereinafter provided all questions of exemption under this Act and all questions of or claims for including or discharging individuals or classes of individuals from the selective draft which shall be made under rules and regulations prescribed by the President except any and every question or claim for including or excluding or discharging persons or classes of persons from the selective draft under the provisions of this Act authorizing the President to exclude or discharge from the selective draft Persons engaged in industries Including agriculture found to be necessary to the maintenance of the Military Establishment or the executive operation of the military forces or the maintenance of national interest during the emergency.
 
The President is hereby authorized to establish additional boards. one in each Federal judicial district of the United States, consisting of such number of citizens, not connected with the Military Establishment, as the President may determine, who shall be appointed by the President The President is hereby authorized in his discretion to establish more than one such board in any Federal judicial district of the United States or to establish one such board having jurisdiction of an area extending into more than one Federal judicial district.
 
Such district boards shall review on appeal and affirm modify or reverse any decision of any local board having jurisdiction in the area in which any such district board has jurisdiction under the rules and regulations prescribed by the President Such district boards shall have exclusive original jurisdiction within their respective areas to hear and determine all questions or claims for including or excluding or discharging persons or classes of persons from the selective draft under the provisions of this Act not included within the original jurisdiction of such local boards.
 
The decisions of such district boards shall be final except that in accordance with such rules and regulations as the President may prescribe he may affirm modify or reverse any such decision.
 
Any vacancy in any such local board or district board shall be filled by the President and any member of any such local board or district board may be removed and another appointed in his place by the President whenever he considers that the interest of the Nation demands it.
 
The President shall make rules and regulations governing the organization and procedure of sucli local boards and district hoards and providing for and governing appeals from such local boards to such district boards and reviews of the decisions of any local board by the district board having jurisdiction and determining and prescribing the several areas in which the respective local boards and district boards shall have jurisdiction and all other rules and regulations necessary to carry out the terms and provisions of this section and shall provide for the Issuance of certificates of exemption or partial or limited exemptions and for a system to exclude and discharge individuals from selective draft.
 
Sec. 5. That all male persons between the ages of twenty one and thirty both inclusive shall be subject to registration in accordance with regulations to be prescribed by the President and upon proclamation by the President or other public notice given by him or by his direction stating the time and place of such registration it shall be the duty of all persons of the designated ages except officers and enlisted men of the Regular Army the Navy and the National Guard and Naval Militia while in the service of the United States to present themselves for and submit to registration under the provisions of this Act and every such person shall be deemed to have notice of the requirements of this Act upon the publication of said proclamation or other notice as aforesaid given by the President or by his direction and any person who shall willfully fail or refuse to present himself for registration or to submit thereto as herein provided shall he guilty of a misdemeanor and shall upon conviction in the district court of the United States having jurisdiction thereof be punished by imprisonment for not more than one year and shall thereupon be duly registered Provided That in the call of the docket precedence shall be given in courts trying the same to the trial of criminal proceedings under this Act Provided further That persons shall be subject to registration as herein provided who shall have attained their twenty first birthday and who shall not have attained their thirty first birthday on or before the day set for the registration and all persons so registered shall be and remain subject to draft into the forces hereby authorized unless exempted or excused therefrom as in this Act provided Provided further That in the case of temporary absence from actual place of legal residence of any person liable to registration as provided herein such registration may be made by mail under regulations to be prescribed by the President.
 
Sec. 6. That the President is hereby authorized to utilize the service of any or nil departments and any or all officers or agents of the United States and of the several States Territories and the District of Columbia and subdivisions thereof in the execution of this Act and all officers and agents of the United States and of the several States Territories and subdivisions thereof and of the District of Columbia and all persons designated or appointed under regulations prescribed by the President whether such appointments are made by the President himself or by the governor or other officer of any State or Territory to perform any duty in the execution of this Act are hereby required to perform such duty as the President shall order or direct and all such officers and agents and persons so designated or appointed shall hereby have full authority for all acts done by them In the execution of this Act by the direction of the President Correspondence in the execution of this Act may be carried in penalty envelopes bearing the frank of the War Department Any person charged as herein provided witli the duty of carrying into effect any of the provisions of this Act or the regulations made or directions given thereunder who shall fail or neglect to perform such duty and any person charged with such duty or having and exercising any authority under said Act regulations or directions who shall knowingly make or be a party to the making of any false or incorrect registration physical exami nation exemption enlistment enrollment or muster and any person who make or be a party to the making of any false statement or certificate as t fitness or liability of himself or any other person for service under tl of this Act or regulations made by the President thereunder shall or aids another to evade the requirements of this Act or of said regulations or who in any manner shall fail or neglect fully to perform any duty required of him in the execution of this Act shall if not subject to military law be guilty of a misdemeanor and upon conviction in the district court of the United States having jurisdiction thereof he punished by imprisonment for not more than one year or If subject to military law shall be tried by court martial and suffer such punishment as a court martial limy direct.
 
Sec. 7. That the qualifications and conditions for voluntary enlistment as heroin provided shall he the same as those prescribed by existing law for enlistments in the Regular Army except that recruits must be between the ages of eighteen and forty years both inclusive at the time of their enlistment and such enlistments shall be for the period of the emergency unless sooner discharged All enlistments including those in the Regular Army Reserve which are in force on the date of the approval of this Act and which would terminate during the emergency shall continue in force during the emergency unless sooner discharged but nothing herein contained shall be construed to shorten the period of any existing enlistment Provided That all persons enlisted or drafted under any of the provisions of this Act shall as far as practicable be grouped into units by States and the political subdivisions of the same Provided further That all persons who have enlisted since April first nineteen hundred and seventeen either in the Regular Army or hi the National Guard and all persons who have enlisted in the National Guard since June third nineteen hundred and sixteen upon their application shall be discharged upon the termination of the existing emergency.
 
The President may provide for the discharge of any or all enlisted men whose status with respect to dependents renders such discharge advisable anil he may also authorize the employment on any active duty of retired enlisted men of the Regular Army either with their rank on the retired list or in higher enlisted grades and such retired enlisted men shall receive the full pay and allowances of the grades in which they are actively employed.
 
Sec. 8. That the President by and with the advice and consent of the Senate is authorized to appoint for the period of the existing emergency such general officers of appropriate grades as may be necessary for duty with brigades divisions and higher units in which the forces provided for herein may be organized by the President and general officers of appropriate grade for the several Coast Artillery districts In so far as such appointments may be made from any of the forces herein provided for the appointees may be selected irrespective of the grades held by them in such forces Vacancies in all grades In the Regular Army resulting from the appointment of officers thereof to higher grades in the forces other than the Regular Army herein provided for shall be filled by temporary promotions and appointments in the manner prescribed for tilling temporary vacancies by section one hundred and fourteen of the National Defense Act approved June third nineteen hundred and sixteen and ollicers appointed under the provisions of this Act to higher grades In the forces other than the Regular Army herein provided for shall not vacate their permanent commissions nor be prejudiced in their relative or lineal standing in the Regular Army.
 
Sec. 9. That the appointments authorized and made as provided by the second third fourth fifth sixth and seventh paragraphs of section one and by section eight of this Act and the temporary appointments in the Regular Army authorized by the first paragraph of section one of this Act shall be for the period of the emergency unless sooner terminated by discharge or otherwise The President is hereby authorized to discharge any officer from the office held by him under such appointment for any cause which in the judgment of the President would promote the public service and the general commanding any division and higher tactical organization or territorial department is authorized to appoint from time to time military boards of not less than three nor more than five officers of the forces herein provided for to examine into and report upon the capacity qualification conduct and efficiency of any commissioned officer within his command other than officers of the Regular Army holding permanent or provisional commissions therein Each member of such board shall be superior In rank to the officer whose qualifications are to be Inquired into and if the report of such board be adverse to the continuance of any such officer and be approved by the President such officer shall be discharged from the service at the discretion of the President with one month's pay and allowances.
 
Sec. 10. That all officers and enlisted men of the forces herein provided for other than the Regular Army shall be in all respects on the same footing as to pay, allowances, and pensions as officers and enlisted men of corresponding grades and length of service in the Regular Army; and commencing June one nineteen hundred and seventeen and continuing until the termination of the emergency all enlisted men of the Army of the United States In active service whose base pay does not exceed $21 per month shall receive an Increase of $15 per month those whose base pay is $24 an increase of $12 per month those whose base pay is $30, $36, or $40 an increase of $8 per mouth and those whose base pay is $45 or more, an Increase of $6 per month: Provided, That the increases of pay herein authorized shall not enter into the computation of the continuous-service pay
 
Sec. 11. That all existing restrictions upon the detail detachment and employment of officers and enlisted men of the Regular Army are hereby suspended for the period of the present emergency.
 
Sec. 12. That the President of the United States as Commander in Chief of the Army is authorized to make such regulations governing the prohibition of alcoholic liquors in or near military camps and to the officers and enlisted men of the Army as he may from time to time deem necessary or advisable: Provided, That no person corporation partnership or association shall sell supply or have in his or its possession any intoxicating or spirituous liquors at any military station cantonment camp fort post officers or enlisted men's club which is being used at the time for military purposes under this Act but the Secretary of War may make regulations permitting the sale and use of intoxicating liquors for medicinal purposes It shall be unlawful to sell any Intoxicating liquor including beer ale or wine to any officer or member of the military forces while in uniform except as herein provided Any person corporation partnership or association violating the provisions of this section or the regulations made thereunder shall unless otherwise punishable under the Articles of War be deemed guilty of a misdemeanor and be punished by a fine of not more than $1,000 or imprisonment for not more than twelve months or both.
 
Sec. 13. That the Secretary of War is hereby authorized empowered and directed during the present war to do everything by him deemed necessary to suppress and prevent the keeping or setting up of houses of ill fame brothels or bawdy houses within such distance as he may deem needful of any military camp station fort post cantonment training or mobilization place and any person corporation partnership or association receiving or permitting to be received for immoral purposes any person into any place structure or building used for the purpose of lewdness assignation or prostitution within such distance of said places as may be designated or shall permit any such person to remain for immoral purposes in any such place structure or building as aforesaid or who shall violate any order rule or regulation issued to carry out the object and purpose of this section shall unless otherwise punishable tinder the Articles of War be deemed guilty of a misdemeanor and be punished by a line of not more than $1,000 or imprisonment for nut more than twelve months or both Seo 14 That all laws and parts of laws in conflict with the provisions of this Act are hereby suspended during the period of this emergency.
Approved, May I8, 1917
II AMENDMENTS AND ADDITIONS TO THE SELECTIVE SERVICE LAW
[Public Resolution .- No. 29 -- 65th Congress.]
[S.J. Res. 123 ]
 
JOINT RESOLUTION Providing for the calling into military service of certain classes of persons registered and liable for military service under the terms of the Act of Congress approved May eighteenth nineteen hundred and seventeen entitled An Act to authorize the President to increase temporarily tha Military Establishment of the United States Resolved by the Senate and House of Representatives of the United State of America in Congress assembled That if under any regulations heretofore or hereafter prescribed by the President persons registered and liable for military service under the terms of the Act of Congress approved May eighteenth nineteen hundred and seventeen entitled An Act to authorize the President to Increase temporarily the Military Establishment of the United States are placed in classes for the purpose of determining their relative liability for military service no provision of said Act shall prevent the president from calling for immediate military service under regulations heretofore or hereafter prescribed by the President all or part of the persons in any class or classes except those exempt from draft under the provisions of said Act in proportion to the total number of persons placed in such class or classes in the various subdivisions of the States Territories and the District of Columbia designated by the President under the terms of said Act or from calling into immediate military service persons classed as skilled experts in industry or agriculture however classified or wherever residing
Approved, May 16, 1918.
 
[Public Resolution -- No 30 -- 65th Congress.]
[S.J. Res 124.]
JOINT RESOLUTION Providing for the registration for military service of all male persons citizens of the United States and nil male persons residing In the United States who have since the fifth day of June nineteen hundred and seventeen and on or before the clay set for the registration by proclamation by the President attained the age of twenty one years In accordance with such rules and regulations as the President may prescribe Tinder the terms of the Act approved May eighteenth nineteen hundred and seventeen entitled An Act to authorize the President to Increase temporarily the Military Establishment of the United States Resolved by the Senate and House of Representative of the United States of America in Congress assembled That during the present emergency all male persons citizens of the United States and all male persons residing in the United States who have since the fifth day of June nineteen hundred and seventeen and on or before the day set for the registration by proclamation by the President attained the age of twenty one years shall be subject to registration in accordance with regulations to be prescribed by the President and that upon proclamation by the President stating the time and place of such registration it shall be the duty of all such persons except such persons its are exempt from registration under the Act of May eighteenth nineteen hundred and seventeen and any Act or Acts amendatory thereof to present themselves for and submit to registration tinder the provisions of said Act approved May eighteenth nineteen hundred and seventeen and they shall he registered in the same manner and subject to the same requirements and liabilities as those previously registered under the terms of said Act Provided That those persons registered under the provisions of this Act shall be placed at the bottom of the list of those liable for military service in the several classes to which they are assigned under such rules and regulations as the President may prescribe Sec 2 That after the day set under section one hereof for the registration by proclamation by the President at such intervals as the President may from time to time prescribe the President may require that all male persons citizens of the United States and all male persons residing in the United States who have attained the age of twenty one years since the last preceding date of registration and on or before the next day set for the registration by proclamation by the President except such persons as are exempt from registration under the Act of May eighteenth nineteen hundred and seventeen and any Act or Acts amendatory thereof shall be registered in the same manner and subject to the same requirements and liabilities as those previously registered under the terms of said Act Provided That students who are preparing for the ministry in recognized theological or divinity schools and students who are preparing for the practice of medicine and surgery in recognized medical schools at the time of the approval of this Act shall be exempt from the selective draft prescribed in the Act of May eighteenth nineteen hundred and seventeen Sec 3 That all such persons when registered shall be liable to military service and to draft under the terms of said Act approved Slay eighteenth nineteen hundred and seventeen under such regulations as the President may prescribe not inconsistent witli the terms of said Act Sec 4 That all such persons shall be subject to the terms and provisions and liabilities of said Act approved May eighteenth nineteen hundred and seventeen in all respects as if they had been registered under the terms of said Act and every such person shall be deemed to have notice of the requirements of said Act and of this joint resolution upon the publication of any such proclamation by the President
Approved, May 20 1018
 
[Public . No. 210 -- 65th Congress.]
[H.R. 12731.]
 
AN ACT Amending the Act entitled An Act to authorize the President to Increase temporarily the Military Establishment of the United States approved May eighteenth nineteen hundred and seventeen Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled That the second sentence of section two of the Act entitled An Act to authorize the President to increase temporarily the Military Establishment of the United States approved May eighteenth nineteen hundred and seventeen as amended be and is hereby amended to read as follows Such draft as herein provided shall be based upon liability to military service of all male citizens and male persons residing in the United States not alien enemies who have declared their intention to become citizens between the ages of eighteen and forty five both inclusive and shall take place and be maintained under such regulations as the President may prescribe not Inconsistent with the terms of this Act Provided That the President may draft such persons liable to military service in such sequence of ages and at such time or times as he may prescribe Provided further That a citizen or subject of a country neutral in the present war who has declared his intention to become a citizen of the United States shall be relieved from liability to military service upon his making a declaration in accordance with such regulations as the President may prescribe withdrawing his intention to become a citizen of the United States which shall operate and be held to cancel his declaration of Intention to become an American citizen and he shall forever be debarred from becoming a citizen of the United States.
 
Sec 2 That the provision wherever occurring in section four of said Act persons engaged in industries including agriculture found to be necessary to the maintenance of the Military Establishment or the effective operation of the military forces or the maintenance of national interest during the emergency be and is hereby amended to read as follows Persons engaged in industries occupations or employments including agriculture found to be necessary to the maintenance of the Military Establishment or the effective operation of the military forces or the maintenance of national Interest during the emergency.
 
Sec 3 That section five of said Act be and Is hereby amended to read as follows That all male persons between the ages of eighteen and forty five both Inclusive shall be subject to registration in accordance with regulations to be prescribed by the President and upon proclamation by the President or other public notice given by him or by his direction stating the time or times and place or places of any such registration It shall be the duty of all persons of the designated ages except officers and enlisted men of the Regular Army officers and enlisted men of the National Guard while in the service of the United States officers of the Officers Reserve Corps and enlisted men in the Enlisted Reserve Corps while in the service of the United States officers and enlisted men of the Navy and Marine Corps officers and enlisted and enrolled men in the Naval Reserve Force and Marine Corps Reserve while in the service of the United States officers commissioned in the Army of the United States under the provisions of this Act persons who prior to any day set for registration by the President hereunder have registered under the terms of this Act or under the terms of the resolution entitled Joint resolution providing for the registration for military service of all male persons citizens of the United States and all male persons residing in the United States who have since the fifth day of June nineteen hundred and seventeen and on or before the day set for the registration by proclamation by the President, attained the age of twenty one years in accordance with such rules and regulations as the President may prescribe under the terms of the Act approved May eighteenth nineteen hundred and seventeen entitled An Act to authorize the President to increase temporarily the Military Establishment of the United States approved May twentieth nineteen hundred and eighteen whether called for service or not and diplomatic representatives technical attaches of foreign embassies and legations consuls general consuls vice consuls and consular agents of foreign countries residing in the United States who are not citizens of the United States to present themselves for and submit to registration under the provisions of this Act and every such person shall be deemed to have notice of the requirements of this Act upon the publication of any such proclamation or any such other public notice as aforesaid given by the President or by his direction and any person who shall willfully fail or refuse to present himself for registration or to submit thereto as herein provided shall be guilty of a misdemeanor and shall upon conviction in a district court of the United States having jurisdiction thereof be punished by imprisonment for not more than one year and shall thereupon be duly registered Provided That in the call of tlie docket precedence shall be given in courts trying the same to the trial of criminal proceedings under this Act Provided further That persons shall be subject to registration as herein provided who shall have attained their eighteenth birthday and who shall not have attained their forty sixth birthday on or before the day set for the registration in any such proclamation by the President or any such other public notice given by him or by his direction and all persons so registered shall be and remain subject to draft into the forces hereby authorized unless exempted or excused therefrom as in this Act provided Provided further That the President may at such intervals as he may desire from time to time require all male persons who have attained the age of eighteen years since the last preceding date of registration and on or before the next date set for registration by proclamation by the President except such persons as are exempt from registration hereunder to register in the same manner and subject to the same requirements and liabilities as those previously registered under the terms thereof And provided further That In the case of temporary absence from actual place of legal residence of any person liable to registration as provided herein such registration may be made by mail under regulations to be prescribed by the President And provided further That men registered under the provisions of this Act who have served in the Navy of the United States shall upon their own application be permitted to re enlist in the naval or murine service of the United States with and by the approval of the Secretary of the Navy.
 
Sec 4 That all men rendered available for Induction into the military service of the United States through registration or draft heretofore or hereafter made pursuant to law shall be liable to service In the Army or the Navy or the Marine Corps and shall be allotted to the Army the Navy and the Marine Corps under regulations to be prescribed by the President Provided That all persons drafted and allotted to the Navy or the Marine Corps in pursuance hereof shall from the date of allotment be subject to the laws and regulations governing the Navy and the Marine Corps respectively.
 
Sec 5 That the wife of a soldier or sailor serving in the present war shall not be disqualified for any position or appointment under the Government because she is a married woman Sec 6 That soldiers during the present emergency regardless of age and existing law and regulations shall be eligible to receive commissions in the Army of the United States They shall likewise be eligible to admission to officers schools under such rules and regulations as may be adopted for entrance to such schools but shall not be barred therefrom or discriminated against on account of age Sec 7 That the Secretary of War is authorized to assign to educational institutions for special and technical training soldiers who enter the military service under the provisions of this Act in such numbers and under such regulations as he may prescribe and is authorized to contract with such educational institutions for the subsistence quarters and military and academic instruction of such soldiers Sec 8 That any person under the age of twenty one who has served or shall hereafter serve In the Army of the United States during the present emergency shall be entitled to the same rights under the homestead and other land and mineral entry laws general or special as those over twenty one years of age now possess under said laws Provided That any requirements as to establishment of residence within a limited time shall be suspended as to entry by such person until six months after his discharge from military service Provided further That applications for entry may be verified before any ofBcer in the United States or any foreign country authorized to administer oaths by the laws of the State or Territory in which the land may be situated Sec 9 That hereafter uniforms accouterments and equipment shall upon the request of any officer of the Army or cadet at the Military Academy be furnished by the Government at cost subject to such restrictions and regulations as the Secretary of War may prescribe
Approved, August 31 1918
 
[Public . No. 103 -- 65th Congress]
[H.R. 6861.]
AN ACT To extend protection to the civil rights of members of the Military Naval Establishment of the United States engaged in the present war Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled
 
Article I
 
GENERAL PROVISIONS
 
Sec. 100. That for the purpose of enabling the United States the more successfully to prosecute and carry on the war in which it Is at present engaged protection Is hereby extended to persons in military service of the United States in order to prevent prejudice or injury to their civil rights during their terra of service and to enable them to devote their entire energy to the military needs of the Nation and to this end the following provisions are made for the temporary suspension of legal proceedings and transactions which may prejudice the civil rights of persons in such service during the continuance of the present war.
 
Sec. 101. (1) That the term persons in military service as used in this Act shall include the following persons and no others All officers and enlisted men of the Regular Army the Regular Army Reserve the Officers Reserve Corps and the Enlisted Reserve Corps all officers and enlisted men of the National Guard and National Guard Reserve recognized by the Militia Bureau of the War Department all forces raised under the Act entitled An Act to authorize the President to increase temporarily the Military Establishment of the United States approved May eighteenth nineteen hundred and seventeen all officers and enlisted men of the Navy the Marine Corps arid the Coast Guard all officers and enlisted men of the Naval Militia Naval Reserve force Marine Corps Reserve and National Naval Volunteers recognized by the Navy Department all officers of the Public Health Service detailed by the Secretary of the Treasury for duty either with the Army or the Navy any of the personnel of the Lighthouse Service and of the Coast and Geodetic Survey transferred by the President to the service and jurisdiction of the War Department or of the Navy Department members of the Nurse Corps Army field clerks field clerks Quartermaster Corps civilian clerks antl employees on duty with the military forces detailed for service abroad in accordance with provisions of existing law and members of any other body who have heretofore or may hereafter become a part of the military or naval forces of the United States The term military service as used in this definition shall signify active service in any branch of service heretofore mentioned or referred to but reserves and persons on the retired list shall not be included in the term persons in military service until ordered to active service The term active service shall include the period during which a person in military service is absent from duty on account of sickness wounds leave or other lawful cause
 
(2) The term period of military service as used in this Act shall include the time between the following dates For persons in active service at the date of the approval of this Act it shall begin with the date of approval of this Act for persons entering active service after the date of this Act with the date of entering active service It shall terminate with the date of discharge from active service or death while in active service but in no case later than the date when this Act ceases to be in force 3 The term person as used in this Act with reference to the holder of any right alleged to exist against a person in military service or against a person secondarily liable under such right shall include Individuals partnerships corporations and any other forms of business association 4 The term court as used in this Act shall include any court of competent jurisdiction of the United States or of any State whether or not a court of record 5 The term termination of the war as used in this Act shall mean the termination of the present war by the treaty of peace as proclaimed by the President
 
Sec. 102. (1) That the provisions of this Act shall apply to the United States the several States and Territories the District of Columbia and all territory subject to the jurisdiction of the United Suites and to proceedings commenced in any court therein and shall be enforced through the usual forms of procedure obtaining in such courts or under such regulations as may be by them prescribed (2) When under this Act any application Is required to be made to a court in which no proceeding has already been commenced with respect to the matter such application may be made to any court
 
Sec. 103. Whenever pursuant to any of the provisions of this Act the enforcement of any obligation or liability the prosecution of any suit or proceeding the entry or enforcement of any order writ judgment or decree or the performance of any other act may be stayed postponed or suspended such stay postponement or suspension may In the discretion of the court likewise be granted to sureties, guarantors, indorsers, and others subject to the obligation or liability the performance or enforcement of which Is stayed postponed or suspended.
 
When a judgment or decree is vacated or set aside in whole or in part as provided in this Act the same may in the discretion of the court likewise be set aside and vacated as to any surety guarantor, indorser, or other person liable upon the contract or liability for the enforcement of which the judgment or decree was entered
 
Article II.
GENERAL RELIEF.
Sec. 200. That In any action or proceeding commenced in any court if there shall be a default of an appearance by the defendant the plaintiff before entering judgment shall tile in the court an affidavit setting forth facts showing that the defendant is not in military service If unable to file such affidavit plaintiff shall in lieu thereof file an affidavit setting forth either that the defendant is in the military service or that plaintiff is not able to determine whether or not defendant is in such service If an affidavit is not filed showing that the defendant is not in the military service no judgment shall be entered without first securing an order of court directing such entry and no such order shall be made if the defendant is in such service until after the court shall have appointed an attorney to represent defendant and protect his Interest and the court shall on application make such appointment Unless it appears that the defendant is not in such service the court may require as a condition before judgment is entered that the plaintiff file a bond approved by the court conditioned to indemnify the defendant if in military service against any loss or damage that he may suffer by reason of any judgment should the judgment be thereafter set aside in whole or in part And the court may make such other and further order or enter such judgment as in its opinion may be necessary to protect the rights of the defendant under this Act.
 
( 2) Any person who shall make or u e an affidavit required under this section knowing it to be false shall be guilty of a misdemeanor and shall be punishable by imprisonment not to exceed one year or by fine not to exceed $1,000 or both.
 
(3) In any action or proceeding in which a person in military service is a party if such party does not personally appear therein or is not represented by an authorized attorney the court may appoint an attorney to represent him and in such case a like bond may be required and an order made to protect the rights of such person But no attorney appointed under this Act to protect a person in military service shall have power to waive any right of the person for whom he is appointed or bind him by his acts
 
(4) If any judgment shall be rendered in any action or proceeding governed by this section against any person in military service during the period of such service or within thirty days thereafter and it appears that such person was prejudiced by reason of his military service in making his defense thereto such judgment may upon application made by such person or his legal representative not later than ninety days after the termination of such service be opened by the court rendering the same and such defendant or his legal representative let in to defend provided It is made to appear that the defendant has a meritorious or legal defense to the action or some part thereof Vacating setting aside or reversing any judgment because of any of the provisions of this Act shall not impair any right or title acquired by any bona fide purchaser for value under such judgment
 
Sec. 201. That at any stage thereof any action or proceeding commenced In any court by or against a person in military service during the period of such service or within sixty days thereafter may in the discretion of the court In which It is pending on its own motion and shall on application to it by such person or some person on his behalf be stayed as provided in this Act unless In the opinion of the court the ability of plaintiff to prosecute the action or the defendant to conduct his defense is not materially affected by reason of his military service.
 
Sec. 202. That when an action for compliance with the terms of any contract is stayed pursuant to this Act no fine or penalty shall accrue by reason of failure to comply with the terms of such contract during the period of such stay and in any case where a person fails to perform any obligation and a fine or penalty for such nonperformance is incurred a court may on such terms as may be just relieve against the enforcement of such fine or penalty If it shall appear that the person who would suffer by such fine or penalty was in the military service when the penalty was incurred and that by reason of such service the ability of such person to pay or perform was thereby materially impaired Sec 203 That in any action or proceeding commenced in any court against a person in military service before or during the period of such service or within sixty days thereafter the court may in its discretion on its own motion or on application to it by such person or some person on his behalf shall unless in the opinion of the court the ability of the defendant to comply with the judgment or order entered or sought is not materially affected by reason of his military service
 
(1) Stay the execution of any judgment or order entered against such person as provided in this Act and
 
(2) Vacate or stay any attachment or garnishment of property money or debts in fhe hands of another whether before or after Judgment as provided in this Act.
 
Sec. 204. That any stay of any action proceeding attachment or execution ordered by any court under the provisions of this Act may except as otherwise provided be ordered for the period of military service and three months thereafter or any part of such period and subject to such terms as may be just whether as to payment in installments of such amounts and at such times as the court may fix or otherwise Where the person in military service is a codefendant with others the plaintiff may nevertheless by leave of court proceed against the others.
 
Sec. 205. That the period of military service shall not be included in computing any period now or hereafter to be limited by any law for the bringing of any action by or against any person in military service or by or against his heirs executors administrators or assigns whether such cause of action shall have accrued prior to or during the period of such service
 
Article III
RENT, INSTALLMENT CONTRACTS, MORTGAGES
 
Sec. 300. (1) That no eviction or distress shall he made during the period of military service in respect of any premises for which the agreed rent does not exceed $50 per month occupied chiefly for dwelling purposes by the wife children or other dependents of a person in military service except upon leave of court granted upon application therefor or granted in an action or proceeding affecting the right of possession
 
(2) On any such application or in any such action the court may in its discretion on its own motion and shall on application unless in the opinion of the court the ability of the tenant to pay the agreed rent is not materially affected by reason of such military service stay the proceedings for not longer than three months as provided in this Act or it may make such other order as may be Just
 
(3) Any person who shall knowingly take part in any eviction or distress otherwise than as provided in subsection (1) hereof shall be guilty of a misdemeanor and shall be punishable by imprisonment not to exceed one year or by fine not to exceed $1,000 or both.
 
(4) The Secretary of War or the Secretary of the Navy, as the case may be, is hereby empowered, subject to such regulations as he may prescribe to order an allotment of the pay of a person in military service in reasonable proportion to discharge the rent of premises occupied for dwelling purposes by the wife children or other dependents of such person.
 
Sec. 301. (1) That no person who has received or whose assignor has received under a contract for the purchase of real or personal property or of lease or bailment with a view to purchase of such property a deposit or installment of the purchase price from a person or from the assignor of a person who after the date of payment of such deposit or installment has entered military service shall exercise any right or option under such contract to rescind or terminate the contract or resume possession of the property for nonpayment of any installment falling due during the period of such military service except by action In a court of competent jurisdiction la Any person who shall knowingly resume possession of property which is the subject of this section otherwise than as provided in subsection 1 hereof shall be guilty of a misdemeanor and shall be punished by imprisonment not to exceed one year or by fine not to exceed $1,000 or both
 
(2) Upon the hearing of such action the court may order the repayment of prior installments or deposits or any part thereof as a condition of terminating the contract and resuming possession of the property or may in its discretion on its own motion and shall on application to it by such person in military service or some person on his behalf order a stay of proceedings as provided in this Act unless in the opinion of the court the ability of the defendant to comply with the terms of the contract is not materially affected by reason of such service or it may make such other disposition of the case as maybe equitable to conserve the interests of all parties.
 
Sec. 302. (1) That the provisions of this section shall apply only to obligations originating prior to the date of approval of this Act and secured by mortgage trust deed or other security in the nature of a mortgage upon real or personal property owned by a person in military service at the commencement of the period of the military service and still so owned by him.
 
(2) In any proceeding commenced in any court during the period of military service to enforce such obligation arising out of nonpayment of any sum thereunder due or out of any other breach of the terms thereof occurring prior to or doing the period of such service the court may after hearing ha its discretion on its own motion and shall on application to it by such person in military service or some person on his behalf unless in the opinion of the court the ability of the defendant to comply with the terms of the obligation is not materially affectedly reason of his military service a Stay the proceedings as provided in this Act or b Make such other disposition of the case as may be equitable to conserve the interests of all parties.
 
(3) No sale under a power of sale or under a judgment entered upon warrant of attorney to confess judgment contained in any such obligation shall be valid if made during the period of military service or within three months thereafter unless upon an order of sale previously granted by the court and a return thereto made and approved by the court
 
Article IV
INSURANCE.
 
Sec. 400. That in this Article the term policy shall include any contract of life insurance on the level premium or legal reserve plan It shall also include any benefit in the nature of life insurance arising out of membership in any fraternal or beneficial association the term premium shall include membership dues or assessments in such association and the date of issuance of policy as herein limited shall refer to the date of admission to membership in such association the term insured shall include any person who is the holder of a policy as defined In this Article the term insurer shall include any corporation partnership or other form of association which secures or provides insurance under any policy as defined in this Article.
 
Sec. 401. That the benefits of this Article shall apply to any person in military service who is the holder of a policy of life insurance when such holder shall apply for such benefits on a form prepared in accordance with regulations which shall be prescribed by the Secretary of the Treasury Such form shall set forth particularly that the application therein made is a consent to such modification of the terms of the original contract of insurance as are made necessary by the provisions of this Article and by receiving and filing the same the Insurer shall be deemed to have assented thereto to the extent, if any, to which the policy on which the application is made is within the provision of this Article. The original of such application shall be sent by the Insured to the insurer and a copy thereof to the Bureau of War Risk lnsurance.
 
The Bureau of War Risk Insurance shall issue through suitable military and naval channels a notice explaining the provisions of this Article and shall furnish forms to be distributed to those desiring to make application for its benefits
 
Sec. 402. That the benefits of this Act shall be available to any person in military service in respect of contracts of insurance In force tinder their terms up to but not exceeding a face value of $5,000 Irrespective of the number of policies held by such person whether in one or more companies when such contracts were made and a premium was paid thereon before September first nineteen hundred and seventeen but in no event shall the provisions of this Article apply to any policy on which premiums are due and unpaid for a period of more than one year at the time when application for the benefits of this Article Is made or in respect of any policy on which there is outstanding a policy loan or other indebtedness equal to or greater than fifty per centum of the cash surrender value of the policy.
 
Sec. 403. That the Bureau of War Risk Insurance shall subject to regulations which shall be prescribed by the Secretary of the Treasury compile and maintain a list of such persons in military service as have made application for the benefits of this Article and shall 1 reject any applications for such benefit's made by persons who are not persons in military service 2 reject any applications for such benefits in excess of the amount permitted by section four hundred and two and 3 reject any applications in respect of contracts of Insurance otherwise not entitled to the benefits of tills Article Said bureau shall immediately notify the insurer and the insured In writing of every rejection or approval.
 
Sec. 404. That when one or more applications are made under this Article by any one person in military service In respect of insurance exceeding n total face value of $5,000 whether on one or more policies or In one or more companies and the insured shall not in his application indicate an order of preference the Bureau of War Risk Insurance shall reject such policies as have the Inferior cash surrender value so as to reduce the total benefits conferred within the face value of $5,000 and where necessary for this purpose shall direct the insurer to divide any policy into two separate policies The said bureau shall Immediately notify the insurer and the insured In writing of such selection.
 
Sec. 405. That no policy which has not lapsed for the nonpayment of premium before the commencement of the period of military service of the Insured and which has been brought within the benefits of this Article shall lapse or be forfeited for the nonpayment of premium during the period of such Service or during one year after the expiration of such period Provided That In no cast shall this prohibition extend for more than one year after the termination of the war.
 
Sec. 406. That within the first fifteen days of each calendar month after the date of approval of this Act until the expiration of one year after the termination of the war every insurance corporation or association to which application has been made as herein provided for the benefits of this Article shall render to the Bureau of War Risk Insurance a report duly verified setting forth the following facts.
 
First. The names of the persons who have applied for such benefits and the face value of the policies in respect of which such benefits have been applied for by such persons during the preceding calendar month.
 
Second. A list as far as practicable of the premiums In respect of policies entitled to the benefits of this Article which remain unpaid on the last day of the preceding calendar month which day Is at least thirty one days after the due date of the premiums provided such premiums have not previously been so reported as in default.
 
Third. A list of premiums which having been previously reported as In default have been paid by the policyholder or some one on his behalf In whole or in part during the preceding calendar month.
 
Fourth. A computation of the difference between the total amount of defaulted premiums therein reported and the total amount of premiums paid as therein reported after having been previously reported as In default From this sum shall be deducted the total sum of any premiums previously n poru d aa In default upon policies in respect of which the Bureau of War Risk Insurance has since the date of such report rejected an application for the benefits of this Article The final sum so arrived at shall be denominated the monthly difference.
 
Sec. 407. That the Bureau of War Risk Insurance shall verify the computation of monthly difference reported by each insurer and shall certify it as corrected to the Secretary of the Treasury and the insurer.
 
Sec. 408. That the Secretary of the Treasury shall within ten days thereafter deliver each month to the proper officer of each insurer bonds of the United States to the amount of that multiple of $100 nearest to the monthly difference certified in respect of each insurer Such bonds shall he registered in the names of the respective insurers who shall be entitled to receive the interest aecuring thereon and such bonds shall not be transferred or again registered except upon the approval of the Director of the Bureau of War Risk Insurance and shall remain in the possession of the insurer until settlement Is made in accordance with this Article Provided That whenever the fact of insolvency shall be ascertained by the Director of the Bureau of War Risk Insurance all obligation on the part of the United States under this Article for future premiums on policies of such insurer shall thereupon terminate An insurer shall furnish semiannual statements to the Bureau of War Risk Insurance.
 
Sec. 409. That the bonds so delivered shall be held by the respective insurers as security for the payment of the defaulted premiums with interest To indemnify it against loss the United States shall have a first lien upon any policy receiving the benefits of this Article subject only to any lien existing at the time the policy became subject to this Act and no loan or settlement or payment of dividend shall be made by the insurer on such policy which may prejudice the security of such lien Before any dividend is paid or any loan or settlement is made the written consent of the Bureau of War Risk Insurance must be obtained.
 
Sec. 410. That in the event that the military service of any person being the holder of a policy receiving the benefits of this Article shall be terminated by death the amount of any unpaid premiums with interest at the rate provided for in the policy for policy loans shall be deducted from the proceeds of the policy and shall be included in the next monthly report of the insurer as premiums paid
 
Sec. 411. That if the insured does not within one year after the termination of his period of military service pay to the insurer all past due premiums with interest thereon from their several due dates at the rate provided in the policyy for policy loans the policy shall at the end of such year immediately lapse and become void and the insurer shall thereupon become liable to pay the surrender value thereof if any Provided That if the insured is in the military service at the termination of the war such lapse shall occur and surrender value be payable at the expiration of one year after the termination of the war.
 
Sec. 412. That at the expiration of one year after the termination of the war there shall be an account stated between each insurer and the United States in which the following items shall be credited to the insurer 1 The total amount of the monthly differences reported under this Article 2 The difference between the total interest received by the insurer upon the bonds held by it as security and the total interest upon such monthly differences at the rate of five per centum per annum and in which there shall be credited to the United States the amount of the cash surrender value of each policy lapsed or forfeited as provided In section four hundred and eleven but not in any case a greater amount on any policy thnn the total of the unpaid premiums with interest thereon at the rate provided for in the policy for policy loans.
 
Sec. 413. That the balance in favor of the insurer shall in each case he paid to it by the United States upon the surrender by the insurer of the bonds delivered to it from time to time by the Secretary of he Treasury under the provisions of this Article
 
Sec. 414. That this Article shall not apply to any policy which is void or which may at the option of the insurer be voidable if the insured is in military service either in this country or abroad nor to any policy which as a result of being in military service either in this country or abroad provides for the payment of any sum less than the face thereof or for the payment of an additional amount as premium Si 415 That this Article shall apply only to Insurance companies or associations which are required bv the law under which they are organized or doing business to maintain a reserve or which if not so required have made or shall make provision for the collection from all those insured in such insurer at a premium to cover the special war risk of those insured persons who are In military service
 
Article V.
TAXES AND PUBLIC LANDS.
 
Sec. 500. (1) That the provisions of this section shall apply when any taxes or assessments whether geuerul or special falling Uue during the period of military service in respect of real property owned and occupied for dwelu or business purposes by a person In military service or his dependents at the commencement of his period of military service and still so occupied by his dependents or employees are not paid 2 When any person In military service or any person in his behalf shall file with the collector of taxes or other officer whose duty it Is to enforce collection of taxes or assessments an affidavit showing a that a tax or assessment has been assessed upon property which is the subject of this section b that such tax or assessment is unpaid and c that by reason of such military service the ability of such person to pay such tax or assessment is materially affected no sale of such property shall be made to enforce the collection of such tax or assessment or any proceeding or action for such purpose commenced except upon leave of court granted upon an application made there tor by such collector or other officer The court thereupon may slay su li proceedings or such sale as provided in this Act for a period extending not more than six months after the termination of the war 3 When by law such property may be sold or forfeited to enforce the collection of such tax or assessment such person in military service shall have the right to redeem or commence an action to redeem such property at any time wi later than six months after the termination of such service but in no case later than six months after the termination of the war but this shall not be taken to shorten any period now or hereafter provided by the laws of any State or Territory for such redemption 4 Whenever any tax or assessment shall not be paid when due such tax or assessment due and unpaid shall bear interest until paid at the rate of six per centum per annum and no other penalty or interest shall be incurred by reason of such nonpayment Any lien for such unpaid taxes or assessment shall also include such Interest thereon 8 c 501 That no right to any public lands initiated or acquired prior to entering military service by any reason under the homestead laws the desert land laws the mining land laws or any other laws of the United Stales shall be forfeited or prejudiced by reason of his absence from such land or of his fa lure to perform any work or make any improvements thereon or to do any other act required by any such law during the period of such service Nothing in this section contained shall be construed to deprive a person In military service or his heirs or devisees of any benefits to which he or they may be en tilled under the Act entitled An Act for the relief of homestead entry men or settlers who enter the military or naval service of the United States in time of war approved July twenty eighth nineteen hundred and seventeen the Act entitled An Act for the protection of desert land entrymen who enter the military or naval service of the United States in time of war approved August seventh nineteen hundred and seventeen the Act entitled An A t to provide further for the national security and defense by stimulating agriculture and facilitating the distribution of agricultural products approved August tenth nineteen hundred and seventeen the joint resolution To relieve the owners of mining claims who have been mustered into the military or naval service of the United States as officers or enlisted men from performing assessment work during the term of such service approved July seventeenth nineteen hundred and seventeen or any other Act or resolution of Congress Provided That nothing in this section contained shall be construed to limit or affect the right of a person in the military service to take any action during his term of service that may be authorized by law or the regulations of the Interior Department thereunder for the perfection defense or further assertion of rights Initiated prior to the date of entering military service and It shall be lawful for any person while in military service to make any affidavit or submit any proof that may be required by law or the practice of the General Land Office in connection with the entry perfection defense or further assertion of any rights initiated prior to entering military service before the officer in Immediate command and holding a commission In the branch of the service in which the party is engaged which affidavits shall be as binding in law and with like penalties as if taken before the Register of the United States Land Office
 
Article VI.
ADMINISTRATIVE REMEDIES.
Sec. 600. That where in any proceeding to enforce a civil right In any court it is made to appear to the satisfaction of the court that any interest property or contract has since the date of the approval of this Act heen transferred or acquired with intent to delay the just enforcement of such right by taking advantage of this Act the court shall enter such judgment or make such order as might lawfully be entered or made the provisions of this Act to the contrary notwithstanding Sec 601 1 That in any proceeding under this Act a certificate signed by The Adjutant General of the Army as to persons in the Army or in any branch of the United States service while serving pursuant to law with the Army signed by the Chief of the Bureau of Navigation of the Navy Department as to i crsons in the Navy or in any other branch of the United States service while serving pursuant to law with the Navy and signed by the Major General Commandant United States Marine Corps as to persons in the Marine Corps or in any other branch of the United States service while serving pursuant to law with the Marine Corps or signed by an officer designated by any of them respectively for the purpose shall when produced be prima facie evidence as to any of the following facts stated in such certificate That a person named lias not been or Is or has been in military service the time when and the place where such person entered military service his residence at that time and the rank branch and unit of such service thnt he entered the dates within which he was in military service the monthly pay received by such person at the date of issuing the certificate the time when and place where such person died in or was discharged from such service It shall be the duty of the foregoing officers to furnish such certificate on application and any such certificate when purporting to be signed by any one of such officers or by any person purporting upon the face of the certificate to have been so authorized shall be prima facie evidence of its contents and of the authority of the signer to issue the same 2 Where a person in military service has been reported missing he shall be presumed to continue in the service until accounted for and no period herein limited which begins or ends with the death of such person shall begin or end until the death of such person is in fact reported to or found by the Department of War or Navy or any court or board thereof or until such death is found by a court of competent jurisdiction Provided That no period herein limited which begins or ends with the death of such person shall be extended hereby beyond a period of six months after the termination of the war Sec 602 That any interlocutory order made by any court under the provisions of this Act may upon the court's own motion or otherwise be revoked modified or extended by it upon such notice to the parties affected as it may require Sec 003 That this Act shall remain in force until the termination of the war and for six months thereafter Provided That wherever under any section or provision of this Act a proceeding remedy privilege slay limitation accounting or other transaction has been authorized or provided the due exercise or enjoyment of which may extend beyond the period herein fixed for the termination of this Act such section or provision shall be deemed to continue in full force and effect so long as may be necessary to the exercise or enjoyment of the proceeding remedy privilege stay limitation accounting or transaction aforesaid. Sec. 604. That this Act may be cited as the Soldiers and Sailors Civil Relief Act.
Approved March 8, 1918.
 
[Public -- No 105 -- 65th Congress.]
[S. 3471.]
 
AN ACT To authorize the Secretary of War to grant furloughs without pay and allowances to enlisted men of the Army of the United States Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled That whenever during the continuance of the present war in the opinion of the Secretary of War the interests of the service or the national security and defense render it necessary or desirable the Secretary of War be and he hereby is authorized to grant furloughs to enlisted men of the Army of the United States with or without pay and allowances or with partial pay and allowances and for such periods as he may designate to permit said enlisted men to engage In civil occupations and pursuits Provided That such furloughs shall be granted only upon the voluntary application of such enlisted men under regulations to be prescribed by the Secretary of War Approved March 16, 1918 Public No 193 65th Congress n E 12281 AN ACT Making appropriations for the support of the Army for the fiscal year ending June thirtieth nineteen hundred and nineteen Chapter XII Registration and drafting of alikns That the President may by proclamation set a day or days and place or places for the registration for military service of male aliens within designated ages residing within the United States who are citizens or subjects of a foreign country with whose Government the United States has concluded or hereafter concludes a convention or agreement in accordance with the terms of which its citizens or subjects within designated ages residing within the United States become under certain conditions liable to be drafted into the military service of the United States that upon proclamation by the President stating the time and place of such registration it shall be the duty of any such alien unless exempted from registration by the terms of the President's proclamation to present himself for and submit to registration under the provisions of the Act approved May eighteenth nineteen hundred and seventeen ntitled An Act to authorize the President to increase temporarily the Military Establishment of the United States and all amendments thereto and he shnll thereupon be registered in the same manner as those previously registered under the terms of said Act and every such alien shall be deemed to have notice of the requirements of said Act and this joint resolution upon the publication by the President of any such proclamation and any such alien who shall willfully fail or refuse to present himself for registration or to submit thereto shall be subject to all the provisions and liable to all the penalties provided in said Act or any amendment thereto Sec 2 That any such alien when registered shall be and remain liable to niilitary service in the forces of the United States and suoject to draft under the provisions of said convention or agreement and of said Act and all amendments thereto and subject to such regulations as the President may have prescribed or may prescribe under the terms thereof unless during the period specified in the convention or agreement concluded with the country whereof he is a citizen or subject and designated in the President's proclamation he shall have enlisted or enrolled in the military forces of his own country or returned to his own country for the purpose of enlisting or enrolling in its military forces or unless the country whereof he is a citizen or subject through Its diplomatic representatives in accordance with the terms of the convention or agreement concluded between the United States and such foreign country shall issue to such alien a certificate of exemption from military service Sec 3 That any such alien after the expiration of the time fixed by the President's proclamation within which he may enliSt or enroll in the military forces of his own country return to his own country for the purpose of military service or be exempted through the diplomatic representative of the country whereof lie is a citizen or subject shall be and remain subject in all respects to the terms provisions liabilities and penalties of said Act and erll amendments thereto except as modified by the terms of the convention or agreement concluded between the United States and the country whereof such alien Is a citizen or subject and shall be subject to such regulations as the President may have prescribed or may prescribe under the terms of said Act Sec 4 That the second sentence of section two of the Act entitled An Act to authorize the President to increase temporarily the Military Establishme of the United States approved May eighteenth nineteen hundred and seventeen be and is hereby amended to read as follows That such draft as herein provided shall be based upon liability to military service of all male citizens or male persons not alien enemies who have declared their intention to become citizens between the ages of twenty one dikI thirty years both inclusive and shall take place and be maintained under such regulations as the President may prescribe not inconsistent with the terms of this Act Provided That a citizen or subject of a country neutral in the present war who has declared his intention to become a citizen of the United Slates shall be relieved from liability to military service upon b s ma king a declaration in accordance with such regulations as the President may prescribe withdrawing his intention to become a citizen of the United Stales which shall operate and be held to cancel his declaration of intention to become an American citizen and he shall forever be debarred from becoming i citizen of the United States Chapter XIII Raising the age limit fob volunteer duty in the staff corps That the first sentence of section seven of the Act entitled An Act to authorize the President to increase temporarily the Military Establishment of the United States approved May eighteenth nineteen hundred and seventeen be and the same is hereby amended to read as follows That the qualifications and conditions for voluntary enlistment as herein provided shall be the same as those prescribed by existing law for enlistments in the Regular Army except that recruits for service in the staff corps and departments may be accepted who are between the ages of forty one and fifty five years both inclusive at the time of their enlistment and that all other recruits must be between the ages of eighteen and forty years both inclusive at the time of their enlistment and such enlistment shall be for the period of the existing emergency unless sooner discharged Public No 144 65th Congress HR 3132 AN ACT To amend the naturalization laws and to repeal certain sections of the Revised Btatutig of the United States and other laws relating to naturalization and for other purposes Be it enacted by the Senate and House of Representatives of the United State of America in Congress assembled That section four of the Act entitled An Act to establish a Bureau of Immigration and Naturalization and to provide a uniform rule for the naturalization of aliens throughout the United Slates approved June twenty ninth nineteen hundred and six be and is hereby amended by adding seven new subdivisions as follows Seventh Any native born Filipino of the age of twenty one years and upward who has declnred his intention to become a citizen of the United States and who has enlisted or may hereafter enlist in the United States Navy or Marine Corps or the Naval Auxiliary Service and who after service of not less than three years may he honornbly discharged therefrom or who may receive an ordinary discharge with recommendation for reenlistment or any alien or any Porto Rican not a citizen of the United States of the age of twenty one years and upward who has enlisted or entered or may hereafter enlist in or enter the armies of the United States either the Regular or the Volunteer Forces or the National Army the National Guard or Naval Militia of any State Territory o the District of Columbia or the State militia in Federal service or in the United States Navy or Marine Corps or in the United States Coast Guard or who lias served for three years on board of any vessel of the United States Government or for three years on board of merchant or fishing vessels of the United States of more than twenty tons burden and while still in the service on a reenlistment or reappointment or within six months after an honorable discharge or separation therefrom or while on furlough to the Army Reserve or Regular Army Reserve after honorable service may on presentation of the required declaration of intention petition for naturalization without proof of the required five years residence within the United States if upon examination by tie representative of the Bureau of Naturalization In accordance with the requirements of this subdivision It is shown that such residence can not be established any alien serving In the military or naval service of the United States during the time this country Is engaged in the present war may tile his petition for naturalization without making the preliminary declaration of intention and without proof of the required five years residence within the United States any alien declarant who has served in the United States Army or Navy or the Philippine Constabulary and has been honorably discharged therefrom and has been accepted for service in either the military or naval service of the United States on the condition that he becomes a citizen of the United States may file his petition for naturalisation upon proof of continuous residence within the United States for the three years immediately preceding his petition by two witnesses citizens of the United States and in these cases only residence in the Philippine Islands and the Panama Canal Zone by aliens may be considered resilience within the United States and the place of such military service shall be construed as the place of residence required to be established for purposes of naturalization and any alien or any person owing permanent allegiance to the United States embraced within this subdivision may file his petition for naturalization In the most convenient court without proof of residence within its jurisdiction notwithstanding the limitation upon the jurisdiction of the courts specified in section three of the Act of June twenty ninth nineteen hundred and six provided he appears with his two witnesses before the appropriate representative of the Bureau of Naturalization and passes the preliminary examination hereby required before filing his petition for naturalization in the office of the clerk of the court and in each case the record of this examination shall be offered in evidence by the representative of the Government from the Bureau of Naturalization and made a part of the record at the original and any subsequent hearings and except as otherwise herein provided the honorable discharge certificate of such alien or person owing permanent allegiance to the United States or the certificate of service showing good conduct signed by a duly authorized officer or by the masters of said vessels shall be deemed prima facie evidence to satisfy all of the requirements of residence within the United States and within the State Territory or the District of Columbia and good moral character required by law when supported by the affidavits of two witnesses citizens of the United States Identifying the applicant as the person named in the certificate or honorable discharge and in those cases only where the alien is actually in the military or naval service of the United States the certificate of arrival shall not be filed with the petition for naturalization in the manner prescribed and any petition for naturalization filed under the provisions of this subdivision may be heard Immediately notwithstanding the law prohibits the bearing of a petition for naturalization during thirty days preceding any election in the jurisdiction of the court Any alien who at the time of the passage of this Act is in the military service of the United States who may not be within the jurisdiction of any court authorized to naturalize aliens may file bis pet tlon for naturalization without appearing in person in the office of the clerk of the court and shall nor be required to take the prescribed oath of allegiance in open court The petition shall be verified by the affidavits of at least two credih e witnesses who are citizens of the United States and who shall prove In their affidavits the portion of the residence that they have personally known the applicant to have resided within the United States The time of military service may be established by the affidavits of at least two other citizens of the United States which together with the oath of allegiance may be taken In accordance with the terms of section seventeen hundred and fifty of the Ite vised Statutes of the United States after notice from and under regulations of the Bureau of Naturalization Such affidavits and oath of allegiance shall be admitted in evidence in any original or up iellate naturalization proceeding without proof of the genuineness of the seal or signature or of the official character of the officer before whom the affidavits and oath of allegiance were taken and shall be filed by the rep re entative of the Government from the Bureau of Naturalization at tli hearing as provided by section eleven of the Act of June twenty ninth nineteen hundred and six Members of the Naturalization Bureau and Service may be designated by the Secretary of Labor to administer oaths relating to the administration of the naturalization law and the requirement of section ten of notice to take depositions to the United Si attorneys is repealed and the duty they perform under section fifteen at Act of June twenty ninth nineteen hundred and six Thirty fourth Statute Large part one page five hundred and ninety six may also be performed by the Commissioner or Deputy Commissioner of Naturalization Provided That it shall not be lawful to make a declaration of intention before the clerk of any court on election day or during the period of thirty days preceding the clay of holding any election in the jurisdiction of the court Provided further That service by aliens upon vessels other than of American registry whether continuous or broken shall not be considered as residence for naturalization purposes within the jurisdiction of the United States and such aliens can not secure residence for naturalization purposes during service upon vessels of Foreign registry 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 militwy service of the United States for filing his petition or Issuing the certiorate of naturalization upon admission to citizenship and no clerk of any State court shall charge or collect any fee for this service 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 o collected A full accounting for all of these transactions shall be made to the Bureau of Naturalization in the manner provided by section thirteen of the Act of June twenty ninth nineteen hundred and six Eighth That every seaman being an alien shall after his declaration of intention to become a citizen of the United States and after he shall have served three years upon such merchant or fishing vessels of the United States l deemed a citizen of the United States for the purpose of serving on board any such merchant or fishing vessel of the United States anything to the contrary in any Act of Congress notwithstanding but such seaman shall for all purposes of protection as an American citizen be deemed such after the filing of his declaration of intention to become such citizen Provided That nothing contained in this Act shall be taken or construed to repeal or modify any portion of the Act approved March fourth nineteen hundred and fifteen Thirty eighth Statutes at Large part one page eleven hundred and sixty four chapter one hundred and fifty three being an Act to promote the welfare of American seamen Ninth That for the purpose of carrying on the work of the Bureau of Naturalization of sending the names of the candidates for citizenship to the public schools and otherwise promoting instruction and training in citizenship responsibilities of applicants for naturalization as provided in this subdivision authority is hereby given 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 Bureau of Naturalization for the cost of publishing the citizenship textbook prepared and to be distributed by the Bureau of Naturalization to those candidates for citizenship only who are in attendance upon the public schools such reimbursement to be made upon statements by the Commissioner of Naturalization of books actually delivered to such student candidates for citizenship and a monthly naturalization bulletin and in this duty to secure the aid of and cooperate with the official State and national organizations including those concerned with vocational education and including personal services in the District of Columbia and to aid the local Army exemption boards and cooperate with the War Department in locating declarants subject to the Army draft and expenses incidental thereto Tenth That any person not an alien enemy who resided uninterruptedly within the United States during the period of five years next preceding July first nineteen hundred and fourteen and was on that date otherwise qualified to become a citizen of the United States except that he had not mnde the declaration of Intention required by law and who during or prior to that time because of misinformation regarding his citizenship status erroneously exercised the rights and performed the duties of a citizen of the United States in good faith may file the petition for naturalization prescribed by law without making the preliminary declaration of intention required of other aliens and upon satisfactory proof to the court that he has so acted may be admitted as a citizen of the United States upon complying In all respects with the other requirements of the naturalization law Eleventh No alien who is a native citizen subject or denizen of any country State or sovereignty with which the United States is at war shall be admitted to become a citizen of the United States unless he made his declaration tion of intention not less than two nor more than seven years prior to the existence of the state of war or was at that time entitled to become a citizen of the United States without making a declaration of intention of unless his petition for naturalization shall then be pending and is otherwise entitled to admission notwithstanding he shall be an alien enemy at the time and in the manner prescribed by the laws passed upon that subject Provided That no alien embraced within this subdivision shall have his petition for naturalization called for a hearing or heard except after ninety days notice given by the clerk of the court to the Commissioner or Deputy Commissioner of Naturalization to be present and the petition shall be given no final hearing except in open court and after such notice to the representative of the Government from the Bureau of Naturalization whose objection shall cause the petition to be continued from time to time for so long as the Government may require 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 nt any time previous 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 Provided further That the President of the United States may in his discretion upon investigation and report by the Department of Justice fully establishing the loyalty of any alien enemy not included in the foregoing exemption except such alien enemy from the classification of alien enemy and thereupon he shall have the privilege of applying for naturalization and for the purposes of carrying into effect the provisions of this section including personal services in the District of Columbia the sum of S400 000 is hereby appropriated to be available until June thirtieth nineteen hundred and nineteen including travel expenses for members of the Bureau of Naturalization and its field service only and the provisions of section thirty six hundred and seventy nine of the Revised Statutes shall not be applicable in any way to this appropriation 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 and seventeen is hereby repealed Thirteenth That any person who is serving in the military or naval forces of the United States at the termination of the existing war and any person who before the termination of the existing war may have been honorably discharged from the military or naval services of the United States on account of disability incurred in line of duty shall if he applies to the proper court for admission as a citizen of the United States be relieved from the necessity of proving that immediately preceding the date of his application he has resided continuously within the United States the time required by law of other aliens or within the State Territory or the District of Columbia for the year immediately preceding the date of his petition for naturalization but his petition for naturalization shall be supported by the affidavits of two credible witnesses citizens of the United States identifying the petitioner as the person named in the certificate of honorable discharge which said certificate may be accepted as evidence of good moral character required by law and he shall comply with the other requirements of the naturalization law Sec 2 That the following provisions of law be and they are hereby repealed Section twenty one hundred and sixty six and twenty one hundred and seventy four of the Revised Statutes of the United States of America and so much of an Act approved July twenty sixth eighteen hundred and ninety four entitled An Act making provisions for the naval service for the fiscal year ending June thirtieth eighteen hundred and ninety five and for other purposes being chapter one hundred and sixty five of the laws of eighteen hundred and ninety four Twenty eighth Statutes at Large page one hundred and twenty four reading as follows Any alien of the age of twenty one years and upward who has enlisted or may enlist in the United States Navy or Marine Corps and has served or may hereafter serve five consecutive ji in the United States Navy or one enlistment in the United States Marine O and has been or may hereafter be honorably discharged shall be admitted to become a citizen of the United States upon his petition without any pre declaration of his intention to become such and the court admitting such alii i shall in addition to proof of good moral character be satisfied by competent proof of such person's service in and honorable discharge from the Unite States Navy or Marine Corps and so much of an Act approved June thirtieth nineteen hundred and fourteen entitled An Act making appropriations br the naval service for the fiscal year ending June thirtieth nineteen hundred and fifteen and for other purposes being chapter one hundred and thin the laws of nineteen hundred and fourteen Thirty eighth Statutes at Large part one page three hundred and ninety two reading as follows Any alien of the age of twenty one years and upward who may under existing law become a citizen of the United States who hus served or mry hereafter serve for one enlistment of not less than four years in the United States Navy or Marin Corps and who has received therefrom an honorable discharge or an ordinary discharge with recommendation for reinlistment or who has completed four years in the Revenue Cutter Service nnd received therefrom an honorable discharge or an ordinary discharge with recommendation for reenlistment or who has completed four years of honorable service in the naval auxiliary service shall be admitted to become a citizen of the United States upon his petition without any previous declaration of his intention to become such and without proof of residence on shore and the court admitting such alien shall in addition to proof of good moral character be satisfied by competent proof t naval or revenue cutter sources of such service Provided That an honorah e discharge from the Navy Marine Corps Revenue Cutter Service or the Naval Auxiliary Service or an ordinary discharge with recommendntion for i listmeht shall be accepted as proof of good morr l character Provided further That any court which now has or may herenfter be given jurisdiction to naturalize aliens as citizens of the United States may immediately naturalize any alien applying under and furnishing the proof described by the foregoing provisions and so much of section three of an Act approved June twenty fifth nineteen hundred and ten Thirty fourth Statutes at Large part one page six hundred and thirty reading as follows That paragraph two of section four of an Act entitled An Act to establish a Bureau of Immigration and Naturalization nnd to provide for a uniform rule for the naturalisation of aliens throughout the United States approved June twenty ninth nineteen hundred and six be amended by adding after the proviso in paragraph two of section four of said Act the following Provided further That any person belonging to the class of persons authorized and qualified under existing law to become a citizen of the United States who has resided constantly in the 1 nlted States during a period of five years next preceding May first nineteen hundred nnd ten who because of misinformation in regard to his citizenship or the requirements of the law governing the naturalization of citizens hoa labored and acted under the impression that he was or could become a citizen of the United States and has in good faith exercised the rights or duties of a citizen or intended citizen of the United States because of such wrougful Information nnd belief may upon making a showing of such facta satisfactory to a court having jurisdiction to issue papers of naturalization to an alien and the court in its judgment believes that such person has been for a period of more than five years entitled upon proper proceedings to be naturalized as a citizen of the United States receive from the said court a final certificate of naturalization and said court may issue such certificate without requiring proof of former declaration by or on part of such person of their intention to become a citizen of the United States but such applicant for naturalization shall comply In all other respects with the law relative to the Issuance of final papers of naturalization to aliens That all Acts or parts of Acts inconsistent with or repugnant to the provisions of this Act are hereby repealed but nothing in this Act shall repeal or in any way enlarge section twenty one hundred and sixty nine of the Revised Statu except as specified in the seventh subdivision of this Act and under the limitation therein defined Provided That for the purposes of the prosecution of all crimes and offenses against the naturalization laws of the United States which may have been committed prior to this Act the statutes and laws hereby rei oaled shall remain in full force and effect Provided That as to nil aliens who prior to January first nineteen hundred served in the Armies of the United States and were honorably discharged therefrom section twenty one hundred and sixty six of the Revised Statutes of the United States shall be and remain in full force and effect anything in this Act to the contrary notwithstanding Sec 3 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 twenty seventh 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 The word District in sections four ten and twenty seven of the Act which this Act amends is hereby amended to read the District of Columbia Approved May 9 1918 373

 
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