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The Federal Civil Service.

The present Civil Service Commissioners are: John R. Procter, of Kentucky, President; William Dudley Foulke, of Indiana, and James R. Garfield, of Ohio. The office of the Civil Service Commission is at Washington, D. C. CHANGES IN THE CIVIL SERVICE IN 1902.

(Prepared for the American Almanac for 1903 by A. R. Serven, Chief Examiner.)

During the year 1902 a number of important changes and additions have been made to the civil service rules and regulations, and several important Executive orders affecting the entire civil service of the Government have been issued. Among these are the following: (1) An Executive order was issued on January 17 providing that "whenever the needs of the service will justify it, and the law will permit, preference shall be given alike in appointment and retention to honorably discharged veterans of the Civil War who are able and well qualified.' (2) The rule governing transfers was amended on January 23 so as to limit them to positions requiring the performance of the same class of work. (3) On January 24 the rule concerning the certification of eligibles was amended so that where there are less than three names of persons eligible upon a particular register (a choice from among three names is permitted appointing officers by the civil service rules), and the appointing officer declines to make a permanent appointment from the incomplete list furnished him, he shall, in the absence of reasons deemed by the Commission satisfactory, be required to appoint temporarily the one eligible or one of the two eligibles, until an examination can be held which will make a complete certification of three eligibles possible. (4) An Executive order was issued on January 31 forbidding officers or employes in the Executive Departments and offices from influencing or attempting to influence legislation in their favor, on penalty of dismissal from the service. (5) A system of regulations to govern transfers and reinstatements was adopted by the Civil Service Commission on March 10. (6) An Executive order was promulgated on July 3, directing that the appointment of unclassified laborers throughout the Government service (the Civil Service Act forbids making unskilled laborers subject to its provisions) should henceforth be made in accordance with regulations similar to those which obtain in navy yards. (7) Upon the same day Civil Service Rule XI. was amended by adding a section forbidding the consideration of recommendations for promotion unless made by the officers under whose supervision service is rendered. (8) By special rule, also approved July 3, the President made provision for the transfer to positions in the United States of such of the civilian employes of the War Department in Cuba during the military occupancy of the island as were specially commended for transfer by their chiefs.

It is estimated that there are about 123,000 positions in the classified civil service, of which number about 110,000 are subject to competitive examination and, approximately, 13,000 are not so subject. Something less than 20,000 of the positions are in Washington, D. C. About 113,000 positions in the civil service of the Government remain unclassified. More than 72,000 of these are filled by fourth-class postmasters. Examinations for the civil service are held in every State and Territory at fixed times and places. Pains are taken to have them relate as nearly as possible to the duties to be performed, and, wherever practicable, they include experience and practical tests. No one is certified for appointment whose standing in any examination is less than 70 per cent, except soldiers and sailors granted preference, who need obtain but 65 per cent. A certificate is given to each person examined stating whether he passed or failed to pass. A Manual of Examinations is published, in which all necessary information is given concerning examinations, the method of appointment, the apportionment of appointments, etc.

CIVIL SERVICE RULES AND REGULATIONS.

(Revised for the American Almanac for 1903 by James R. Garfield, of the United States Civil Service

The Civil Service Act, or the was passed on January 16, 1883. tions to ascertain the fitness of

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Commission.)

act "To Regulate and Improve the Civil Service of the United States." The purpose of the aet was the establishment of a system of examinaapplicants for performance of the public duties which they desired to

Prior to the passage of this act appointments to positions in the public service had been based on official favor and social and official influence, and those who obtained such appointments were liable to be removed on the occasion of the slightest change in political conditions. Upon the adoption of the new law, however, all this was changed. A merit system of competitive examinations was substituted for that of patronage, and positions under the civil service are now open to all citizens of the United States subject to certain limitations as to age, character, etc., irrespective of religious or political opinions.

How the Civil Service Law Is Applied. The Executive civil service of the United States is divided into branches as follows: The Departmental Service, the Custom House Service, the Post Office Service, the Government Printing Service and the Internal Revenue Service.

Persons employed merely as laborers, or workmen, and persons whose appointments are subject to confirmation by the Senate, are not classified.

The Custom House Service includes all persons who are serving in any customs district.

The Post Office Service includes all officers and employes in free delivery post offices, and in the free rural delivery service. The transfer of carriers from the rural free delivery to any other branch of the service is prohibited

The Government Printing Service includes all officers and employes of the Government Printing Office. The Departmental Service includes all officers and employes not included in the other four branches. The Internal Revenue Service includes all officers and employes in any Internal Revenue District who may be subject to classification under the Civil Service law.

The following positions in the Government service are not subject to any of the provisions of the civil service rules, except sections 1, 2 and 3 of Rule II. (in which it is provided that no person in the employ of the Government shall violate any provisions of the Civil Service act; shall use his official authority or influence for the purpose of interfering with an election, or shall dismiss or cause to be dismissed from the service any person because of his political or religious opinions): Any person who devotes part of his time only to the Government service and receives for such personal services not more than $300 per annum; any person in the military or naval service of the United States who is detailed for the performance of civil duties; any person employed in a foreign country under the State Department, or who is temporarily employed in a confidential capacity under any Executive department or other office; any position the duties of which are of a quasi-military or quasi-naval character. and for the performance of which a person is enlisted for a term of years: or positions in the revenue cutter service where the persons enlist for the season of navigation only; any local physician employed temporarily as acting assistant surgeon in the marine hospital service; any person employed as quarantine attendant at certain stations, or temporarily employed as attendant, acting assistant surgeon, or sanitary inspector on quarantine vessels. or for temporary duty in preventing contagious diseases; any person in a national military park employed as commissioner, assistant in historical work, agent for purchases of land, historian, secretary, rodman, chainman, chief guardian, guardian, guard, assistant superintendent, inspector, carpenter, steam engineer, or painter; any person employed as office or field deputy in the office of a United States Marshal; all persons employed as pension examining surgeons, whether organized in boards or working individually under the direction of the Commissioner of Pensions, except medical examiners in the Pension Office; Indians in the Indian service, except those employed as teachers, superintendents and physicians; temporary clerks employed in United States local land offices and not paid from Government funds, and temporary clerks in the office of Surveyors-General not paid from Government funds.

Exemptions from Examinations.-The following persons or positions which are classified under the Civil Service act are excepted from examinations or registration:

Executive Departments.-Two private secretaries or confidential clerks to the President: not exceeding two private secretaries to the head of each of the eight Executive departments; not exceeding one private

secretary to the assistant heads of each Executive department; not exceeding one private secretary to each of certain enumerated heads of bureaus appointed by the President and confirmed by the Senate, and to each of others not enumerated if authorized by law; all persons appointed by the President without confirmation by the Senate, and attorneys, assistant attorneys and special assistant attorneys.

Treasury Department.-All shipping commissioners; all Chinese interpreters; not exceeding one cashier in each customs district; not exceeding one chief deputy or assistant collector at each customs port or subport; not exceeding one deputy naval officer and one deputy surveyor of customs at each customs port; not exceeding one private secretary to the collector of each customs district in which the receipts for the last iscal year amounted to as much as $500,000; not exceeding one private secretary to each of the appraisers at the ports of Boston, New York and Philadelphia; not exceeding one counsel before the Board of General Appraisers; not exceeding one paymaster in the New York customs district; all positions in the customs and internal revenue service in Alaska; all deputy collectors of internal revenue who are borne on the rolls as such; storekeepers and gaugers whose compensation does not exceed $3 per day, when actually employed, and whose aggregate compensation does not exceed $500 per annum; officers in charge of the Bureau of Statistics; not exceeding one chief clerk in each assay office and one private secretary to the superintendent, one cashier, one deposit weight clerk, one assistant coiner, one assistant melter and refiner, and one assistant assayer in each mint or assay office.

War Department.-All paymasters' clerks in the War Department.

Department of Justice.-Wardens, chaplains and physicians in the United States penitentiarles; not exceeding one private secretary to each United States District-Attorney and all examiners in the department. Post Office Department.-The Assistant Attorney-General for the department; one private secretary to the Assistant Attorney-General; not exceeding one private secretary to the postmaster at each post office where the receipts for the last fiscal year amounted to $350,000; one chief assistant to the postmaster at each post office; one auditor at the New York City post office; one finance clerk, when authorized by law; one cashier at each first-class post office; one cashier and one finance clerk at each post office where the receipts for the last fiscal year amounted to $500,000; one cashier and two finance clerks at offices where the receipts were $1,000,000, and one cashier and three finance clerks at offices showing receipts amounting to $2,000,000: one physician at each first-class office to examine applicants for sick leave.

Department of the Interior.-The superintendent of the Hot Springs Reservation; one special land inspector and two special inspectors; inspectors of coal mines in the Territories; special agents employed for the protection of public lands; the inspector of surveyor-general and district land offices; superintendents of irrigation in the Indian service; superintendents of logging in the Indian service; five special Indian agents; special agents for the allotment of land to the Indians; commissioners appointed upon special missions to negotiate with the Indians; engineers to make surveys of reservation boundary lines; examiners of Indian timber lands; one financial clerk at each Indian agency; all positions in the Alaska school service; five special pension examiners to investigate fraudulent and other claims of a criminal nature; one clerk at each pension agency, and not exceeding one private secretary to the superintendent of the Government Hospital for the Insane.

Department of Agriculture.-Agents and experts temporarily appointed to investigate and furnish information for the department, and one statistical agent in each State and Territory.

Smithsonian Institution.-The assistant secretary of the institution in charge of the United States National Museum.

Age Limitations. The age limitations for admission to positions in the different branches of Government service are as follows: Minimum. Maximum.

Departmental Service:

Page, messenger boy, apprentice (other than apprentice in mints and assay offices), or student

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Internes and hospital stewards in the Marine Hospital Service and acting second assistant engineer in the Revenue Cutter Service.

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Keeper, assistant keeper, and officers of light-house tenders and light vessels in the
Light House Service

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Cadet in the Revenue Cutter Service and aid, deck officer, and junior captain's clerk in the Coast and Geodetic Survey

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Surfman in the Life Saving Service

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50

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Superintendent, physician, supervisor, day-school inspector, disciplinarian, matron and assistant matron in the Indian Service; inspector and assistant inspector of hulls and inspector and assistant inspector of boilers in the Steamboat Inspection Service

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Observer in the Weather Bureau Service..

Watch officer in the Coast and Geodetic Survey.
Chief engineer in the Coast and Geodetic Survey.

All other positions..

(The age limitation shall not apply in the case of the wife of the superintendent of an Indian school who applies for examination for the position of teacher or matron.) Custom House Service: All positions

Post Office Service:

Rural letter carrier

All other positions

(The age limitations shall not apply in the case of an honorably discharged United States soldier or sailor of the Civil War or of the Spanish-American war who applies for the position of rural letter carrier.)

Government Printing Service:

All positions (male)

All positions (female)

Internal Revenue Service: All positions

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In cases where no maximum age limitations are fixed the Commission, upon consultation with the proper head of the department or office, may determine and fix such limitations.

Applications Under the Civil Service. Any citizen of the United States, whether by nativity or naturalization, is entitled to make application for a position in any branch of the service to which civil service rules apply.

Applications must be made under oath, upon a form provided by the Commission, and be accompanied by such certificates as may be prescribed.

In order to secure a sufficient number of eligibles to meet the needs of the service, foreign born per3008 who have declared their intentions to become citizens may be admitted to examinations for the position of copper plate map engraver.

No application for examination will be received from any person serving in the Army, Navy or Marine Corps of the United States, unless the written consent of the head of the department under which the applicant is serving is filed with his application.

No person who is addicted to the habitual use of intoxicating liquors to excess will be appointed or retained under the Civil Service Law, and the Commission may, in its discretion, refuse to examine an applicant or certify an eligible who has been guilty of a crime or of infamous or notoriously disgraceful conduet, or who has been dismissed from the service for delinquiney or misconduct within one year next preceding the date of his application, or who has intentionally made a false statement in any material fact or practised or attempted to practise any fraud in securing his registration or appointment. Physical disability is also a sufficient cause for refusal to examine or certify.

No application for a position which belongs to one of the recognized mechanical trades will be accepted unless it shall be shown that the applicant has served as apprentice or journeyman at said trade for such a period as the Commission may prescribe.

Examinations Under the Civil Service Law.-No person shall be employed in any position classified under the Civil Service Act until he has passed the examination provided therefor, unless he is specially exempt from examination by the provisions of the law.

Examinations under the civil service are of two classes: Competitive and non-competitive.

Wherever competent persons can be found who are willing to compete, no non-competitive examinations shall be given, except to test the fitness for transfer, or for promotion in a part of the service to which promotion regulations have not been applied; to test fitness for appointment of Indians to the Indian service, and to test the fitness of a person whom the head of an Executive department or the secretary of the Smithsonian Institution shall nominate for appointment to a position in the classified service.

Boards of Examiners are appointed by the Commission and examinations are held at such places and upon such dates as the Commission may deem most practicable.

No question in any examination will be so framed as to elicit information concerning the political or religious opinions or affiliations of any applicant and no discrimination will be exercised because of such opinions or affiliations.

A person holding a position on the date said position is classified under the Civil Service act is entitled to all the rights and benefits possessed by persons of the same class or grade who have been appointed upon examination, but no such person may be transferred from any branch to another branch of the service until he has first passed the examination prescribed for original entrance to the position to which transfer is desired.

Examination papers shall be rated on a scale of 100, and each subject will be given the relative weight that the Commission may prescribe.

Every competitor who attains an average percentage of 70 or over is eligible for appointment to the position for which he was examined. According to the provisions of Section 1754 of the Revised Statutes, however, persons honorably discharged from the military or naval service by reason of disability resulting from wounds or sickness incurred in the line of duty are given precedence over all other eligibles. A percentage of 65 renders them eligible under the rules.

The term of eligibility is one year from the date of registration, but this term may be extended for another year in the discretion of the Commission, and if a registered person should be mustered into the military or naval service of the United States in time of war the term of eligibility will be suspended until such time as the more important services shall have been completed.

Method of Filling Vacancies.-Whenever a vacancy occurs in any position classified under the Civil Service act the nominating officer asks for a list of eligibles, and the Commission, from the proper register. certifies the three names which stand at the head of the list, provided they have not already been three times certified to the same department. From these names the nominating officer may select one, or if he objects to an eligible named and states that because of some physical defect, mental unsoundness or moral disqualification the eligible would be incompetent or unfit to fill the vacant position, the Commission, if such objections are sustained, may certify the eligible who may be next on the list below those already certified.

The person selected for appointment is notified by the appointing officer, and upon his acceptance he receives a certificate of appointment for a probationary period of six months. At the end of this period his retention in the service will be equivalent to an absolute appointment. If for any reasons his services are not satisfactory he will be so notified by the appointing officer.

The time during which an employe serves as substitute counts as part of the probationary period, but that served under a temporary appointment is not so counted.

Temporary appointments may be made under special provision of the Civil Service rules in cases of emergency without approval of the commission, for such part of thirty days as will permit appointment to be made in the usual manner, or with the approval of the commission, In periods of three months each, until eligibles can be provided; or in case of temporary job employment, for not more than six months, in periods of three months each, with the approval of the commission. Substitutes may also be appointed in departments in which they are not directly prohibited by law.

All appointments to the public service, so far as the conditions of good administration will warrant, are apportioned among the several States and Territories and the District of Columbia upon the basis of popu lation as ascertained by the last preceding census.

Promotions, Removals and Reinstatements. It is a requirement of the Civil Service act that fitness for promotion shall be established by competitive tests or examinations, and, while promotions may be made from one class to another class upon any test of fitness not disapproved by the Commission, such promotions may not be made if the duties of the new position are so different from those of the old position as to make an examination absolutely necessary.

No recommendation for promotion may be considered by any officer in the service unless it be made by the officer under whose supervision the applicant is serving, and the recommendation of any other person, with the consent of the applicant, shall be sufficient to debar him from promotion.

Any person who has left the service through no delinquency or misconduct may be reinstated if any vacancy occurs within one year of the date of his withdrawal, but any person who has served in the Army or Navy of the United States in the War of the Rebellion or the Spanish-American War, and was honorably discharged therefrom, or the widow of any such person, an army nurse in either of the wars, or any person who has become separated from the service by reason of the discontinuance of the free delivery service at any post office, or any reduction of force required by law, may be reinstated without regard to the length of time which may have elapsed since their withdrawal.

No removal shall be made from the competitive classified service except for just cause and for reasons given in writing, a copy of which shall not only be furnished to the person whose removal is sought, but he shall also be given time and opportunity to answer the same in writing. According to a recent Execu tive decision, however, the term "just cause,' as applied by the Civil Service law, is intended to mean any cause which will promote the efficiency of the service, and is not supposed to have either a political or religious construction. It has also been decided by the President that nothing contained in this rule of the civil service shall be construed to require the examination of witnesses or any trial or hearing except in the discretion of the officer making the removal.

Wilful violation of the provisions of the Civil Service act, interference in elections, and discrimination against an employe on account of his political or religious opinions are sufficient causes for removal.

Special Rules and Recent Executive Orders.-Persons who were in the employ of the United States during the military government in Cuba, and who, while not eligible for retention in the classified service, have been specially recommended by the chiefs of their departments, may be retained and appointed to positions of a grade corresponding to that which they held in the classified service, always, of course, with the approval of the Commission.

All officers and employes of the United States are forbidden, either directly or indirectly, individually or through associations, to solicit an increase of pay or to influence or attempt to influence in their own interests any other legislation whatever, on penalty of dismissal from the Government service.

Whenever there are already two or more members of a family in the public service in the grades covered by the Civil Service act, no other member of that family may be considered eligible to appointment. Frauds and Political Assessments.-The following provisions apply to cases of fraud and the violation of sections of the act regarding the levying of political assessments:

Any commissioner, examiner, copyist, or messenger, or any person in the public service, who shall wilfully and corruptly, by himself or in co-operation with one or more other persons, defeat, deceive, or obstruct any person in respect of his or her right of examination, or who shall falsely mark or report upon the examination or proper standing of any person, or aid in so doing, or who shall make any false representations concerning the same or concerning the person examined, or furnish to any person any special or secret information for the purpose of either improving or injuring the prospects or chances of any person

so examined, to be examined, being appointed, employed. or promoted, shall for each such offense be deemed guilty of a misdemeanor, and upon conviction be punished by a fine of not less than one hundred dollars, nor more than one thousand dollars, or by imprisonment for not less than ten days, nor more than one year, or by both fine and imprisonment.

No Senator, or Representative, or Territorial Delegate of the Congress, or Senator, Representative. or Delegate elect, or any officer or employe of either of said Houses, and no executive, judicial, military, or naval officer of the United States, and no clerk or employe of any department, branch, or bureau of the executive, judicial, or military or naval service of the United States, shall, directly or indirectly, solicit or receive, or be in any manner concerned in soliciting or receiving, any assessment, subscription, or contribution, for any political purpose whatever, from any officer, clerk, or employe of the United States, or any department, branch, or bureau thereof, or from any person receiving any salary or compensation from moneys derived from the Treasury of the United States.

No person shall, in any room or building occupied in the discharge of official duties by any officer or employe of the United States, or in any navy yard, fort, or arsenal, solicit, or receive, any contribution of money or any other thing of value for any political purpose whatever.

No officer or employe of the United States shall discharge, or promote, or degrade, or in any manner change the official rank or compensation of any other officer or employe, or promise or threaten so to do, for any political purpose.

No person in the service of the United States shall, directly or indirectly, give or hand over to any other person in the service of the United States, or to any Senator or member of the House of Representatives, or Territorial Delegate, any money or other valuable thing to be applied to any political object what

ever.

Any person who shall be guilty of violating any provision of the four foregoing sections shall be deemed guilty of a misdemeanor, and shall, on conviction thereof, be punished by a fine not exceeding five thousand dollars, or by imprisonment for a term not exceeding three years, or by such fine and imprisonment both, in the discretion of the court.

Livil Service in the United States.

State Civil Service laws have been adopted in four States. In New York the system has been in practice since 1883, in Massachusetts since 1884, and in Illinois and Wisconsin since 1895. In New York and Massachusetts every city in the State is included within the act, but in Wisconsin it applies only to cities of the first class, while in Illinois it may be adopted or not, according to the vote of the people. Local Civil Service systems, applying only to the particular cities, are in force in San Francisco, Seattle, Wash.; Portland, Ore.; Columbus, O.; New Haven, Conn., and Louisville, Ky., but in nearly every case even these rules affect only certain branches of the municipal service.

National Bankruptcy Law.

The National Bankruptcy Act of July 1, 1898, makes the following provisions for the relief of those who are compelled to become bankrupt: Sec. 4. Who May Become Bankrupts.--(a) Any person who owes debts, except a corporation, shall be entitled to the benefits of this act as a voluntary bankrupt.

(b) Any natural person (except a wage-earner or a person engaged chiefly in farming or the tillage of the soil), any unincorporated company, and any corporation engaged principally in manufacturing, trading, printing, publishing, or mercantile pursuits, owing debts to the amount of one thousand dollars or over, may be adjudged an involuntary bankrupt upon default or an impartial trial, and shall be subject to the provisions and entitled to the benefits of this act. Private bankers, but not national banks or banks incorporated under State or Territorial laws, may be adjudged involuntary bankrupts.

Sec. 7. Duties of Bankrupts. (a) The bankrupt shall (1) attend the first meeting of his creditors, if directed by the court or a judge thereof to do so, and the hearing upon his application for a discharge, if filed; (2) comply with all lawful orders of the court; (3) examine the correctness of all proofs of claims filed against his estate; (4) execute and deliver such papers as shall be ordered by the court; (5) execute to his trustee transfers of all his property in foreign countries; (6) immediately inform his trustee of any attempt, by his creditors or other persons, to evade the provisions of this act, coming to his knowledge; (7) in case of any person having to his knowledge proved a false claim against his estate, disclose that fact immediately to his trustee: (8) prepare, make oath to, and file in court within ten days, unless further time is granted, after the adjudication, if an involuntary bankrupt, and with the petition if a voluntary bankrupt, a schedule of his property, showing the amount and kind of property, the location thereof, its money value in detail, and a list of his creditors, showing their residences, if known (if unknown that fact to be stated). the amount due each of them, the consideration thereof, the security held by them, if any, and a claim for such exemptions as he may be entitled to, all in triplicate, one copy of each for the clerk, one for the referee, and one for the trustee; and (9) when present at the first meeting of his creditors, and at such other times as the court shall order, submit to an examination concerning the conducting of his business, the cause of his bankruptcy, his dealings with his creditors and other persons, the amount, kind, and whereabouts of his property, and, in addition, all matters which may affect the administration and settlement of his estate; but no testimony given by him shall be offered in evidence against him in any criminal proceedings.

Provided, however, that he shall not be required to attend a meeting of his creditors, or at or for an examination at a place more than one hundred and fifty miles distant from his home or principal place of business, or to examine claims except when presented to him, unless ordered by the court, or a judge thereof, for cause shown, and the bankrupt shall be paid his actual expenses from the estate when examined or required to attend at any place other than the city, town, or village of his residence.

The Arrest of a Bankrupt.-A bankrupt is exempt from arrest upon civil process except when such process is issued from a court of bankruptcy for contempt, or disobedience of its lawful orders; or on occasions when issued from a State Court having jurisdiction and served within such State, on the ground that the claim or debt was one from which a discharge in bankruptcy would not be a release.

Death of a Debtor.-In case of the death or insanity of a debtor proceedings will not be abated, but will be conducted and concluded, as far as possible, as though he had not died or become insane.

Settlements with Creditors.-Terms of settlement may be offered after, but not before, a bankrupt has been examined in open court or at a meeting of his creditors and filed in court the schedule of his property and list of his creditors. If it is accepted by a majority of all the creditors whose claims have been allowed it may be confirmed by the court. Settlements, however, may be set aside for fraud.

Discharge of a Debtor.-An application for a discharge in bankruptcy may be filed after the expiration of one month and within the next twelve months subsequent to being adjudged a bankrupt. or, if it is shown that the bankrupt was unavoidably prevented from filing his application within said time, the court may permit him to file it within the next six months. At the hearing for a discharge the bankrupt will be discharged unless it can be shown that he has committed offences punishable by imprisonment under the provisions of the act; has concealed his true financial condition with fraudulent intent, or, in contemplation of bankruptcy, has concealed, destroyed or failed to keep books of account or record in order that his true condition might not be ascertained. Discharges may be revoked on the ground of fraud.

What Discharge Implies.-Discharge in bankruptcy releases the bankrupt from all his provable debts, except they be in the nature of taxes levied by the United States, or the State, county, district or mu leipality in which he resides; judgments in actions for fraud; for obtaining property under false pretences, or for wilful or malicious injuries to the person or property of another; debts which have not been scheduled in time for proof and allowance, with the name of the creditor, when known, unless such creditor had notice or actual knowledge of the proceedings in bankruptcy, or debts created by the fraud, embezzlement, defaleation or misappropriation of the bankrupt, while acting as an officer in any judiciary capacity.

The Process of Naturalization.

According to the census of 1900 there were 2,862,546 naturalized foreigners in the United States as compared with 2,545,753 in 1890. The total number of foreign born of the voting age in 1900 was 5,102,334, and in 1890 the number was 4,348,459. This apparent lack of proportion between those naturalized before 1890 and those made citizens during the decade ending with 1900 is explained by the large increase in immigration during the last few years of the decade just passed. This is shown by the fact that in 1900, 316,793 foreign born had taken out first papers. The record for speedy declaration of intentions of becoming a citizen of the United States was made by a young Irishman in 1901, who appeared to declare his intentions within ten minutes after landing in New York.

The process by which an alien may be admitted to become a citizen of the United States is prescribed by Sections 2165-74 of the Revised Statutes of the United States.

Who May Apply for Citizenship.-Any alien of good moral character and who is attached to the principles of the Constitution is entitled to declare his intentions to become a citizen of the United States.

The Declaration of Intentions.-To_declare his intentions an alien must appear before a Circuit or District Court of the United States, or a District or Supreme Court of the Territories, or a court of record in any of the States having common law jurisdiction and a seal and a clerk, two years, at least, prior to bis admission, and there he must make declaration under oath that it is his bona fide intention to become a citizen of the United States and to renounce forever all allegiance and fidelity to any foreign prince or State, and particularly to the one of which he may be at the time a citizen or subject.

Time Required for Citizenship.-No person may become a citizen of the United States unless he has resided continuously within this country for at least five years, and within the State or Territory in which he files his application for at least one year. At least two years must also elapse between the filing of the first declaration and the taking of the final oath of citizenship.

The Oath for Admission to Citizenship.-On the occasion of his application to be admitted as a citizen of the United States the alien must appear before one of the courts already designated and there must take oath "that he will support the Constitution of the United States, and that he absolutely and entirely renounces and abjures all allegiance and fidelity to every foreign prince, potentate, State, or sovereignty, and particularly (by name) to the prince, potentate, State, or sovereignty of which he was before a citizen or subject." This oath must be recorded by the Clerk of the Court.

Conditions for Citizenship.-Before the rights of citizenship are granted the alien must prove to the satisfaction of the court that he made a declaration of intentions (that is, obtained his first papers) at least two years prior to the filing of the present application; that he has resided within the United States continuously for at least five years, and within the particular State or Territory in which the court may be held for at least one year. He must also prove that during this time he has behaved himself as a man of good moral character, and that he not only fully understands the principles of the Constitution of the United States, and is acquainted with its various provisions, but that he is attached to these principles and is "well disposed to the good order and happiness of the same." If all these conditions are satisfactorily complied with, and the alien formally expresses his renunciation of any hereditary title or order of nobility that he may have borne at the time of the filing of his application, he will be admitted to citizenship and will receive his final papers from the court.

Soldiers Who Desire to Become Citizens.-Any alien who is twenty-one years of age, or more, who has been in the armies of the United States and who has been honorably discharged therefrom, may become a citizen of the United States upon the filing of his application and without any prior declaration, provided that he can prove that he is of good moral character and that he has resided within the United States at least one year prior to the filling of the application. The Supreme Court has decided that the residence for one year within one particular State is a condition that does not apply to soldiers desiring to become citizens.

Chinese Not Admitted. The naturalization of Chinese persons is positively and expressly prohibited by Section 14, Chapter 126, of the Laws of 1882.

Aliens Who Are Minors.-Any alien who is less than twenty-one years of age, and who has resided within the United States for at least three years preceding his arrival at that age, and who may continue to reside therein up to the time of the filing of his application for citizenship, may, after his arrival at the age of twenty-one, and upon proof that he has resided for five years in the United States, including the three years of his minority, be admitted to citizenship; but he must make declaration under oath and prove to the satisfaction of the court that for two years prior to the filing of his application it has been his bona fide intention to become a citizen of the United States, and shall in all respects comply with the naturalization laws.

Children of Naturalized Citizens.-The naturalization of an alien applies equally to his children, provided they are under the age of twenty-one at the time of the naturalization of the parent and that they continue to dwell in the United States.

Children Who Are Born Abroad. The fact that a child of a citizen of the United States is born abroad does not affect his citizenship in the United States.

Citizenship of American Women Marrying Aliens.-The question of the citizenship of an American woman who marries an allen is by no means clearly settled. Courts have decided that a wife's political status follows that of her husband and that in marrying a foreigner she loses her citizenship and domicile in this country, while there have been other decisions which have assumed directly to the contrary. However, it is generally regarded as extremely doubtful if an American woman is entitled to the protection of the United States Government as its citizen against the exercise of Jurisdiction over her by some foreign government which claims her as its subject because of her marriage to one of its sujects and her continued residence within its boundaries with him, and while it may be admitted that, so long as the authority of the foreign government is not involved, this Government may hold that such a woman is entitled to the rights of cltizenship here, as, for example, in respect to the inheritance of property, it is questioned if the theory that expatriation cannot be accomplished without the consent of the sovereign goes to the extent of justifying the original sovereign in interfering or taking any action in the case of a person who has chosen to become a citizen of another country, even if that choice has been indicated through marriage.1

Protection to Citizens When Abroad.-It is provided by Section 2000 of the Revised Statutes of the United States that "all naturalized citizens of the United States while in foreign countries are entitled to and shall receive from this Government the same protection of person and property which is accorded to native born citizens." Naturally, however, there is a limit to the protection which even a great nation like the United States may offer its naturalized citizens when abroad, as may be seen by reference to the "Passport Regulations."

Citizenship as Applied to the Insular Possessions.-The Act of 1900, under which Hawall became a Territory of the United States, distinctly provided that the inhabitants of Hawaii became citizens of the United States by virtue of annexation. In regard to the inhabitants of the Philippines and Porto Rico, the Supreme Court has decided that while they are entitled to the protection of the United States under the Constitution they cannot enjoy the privileges of citizenship until Congress sees fit to admit them to the Union as States, or organizes them under a territorial form of government.

Citizenship and Suffrage.-Under the Constitution the right of citizenship and the right of suffrage are two distinctly different privileges. neither of which is dependent upon the other. Naturalization is a Federal gift and the National Government possesses the right to say who may and who may not be naturalized. On the other hand, the right of suffrage is a matter between the voter and the State, and as the right to vote is distinctly a State gift, each State has the authority to stipulate who may and who may not vote at its elections. As the result, therefore, there is little harmony between the election laws of various States of the Union. In some States, for example, an alien who has been but six months in the country may vote if he has merely declared his intentions to become a citizen, while despite the fact of naturalization, and the five years residence which it requires, no person can vote if the laws of the State in which he resides do not confer that privilege upon him. (For further particulars see the table of "Voting Qualifications.")

"Case and Comment."

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