PASSPORTS—Continued.

Chinese born in United States-Continued.

when he receives the passport, he should be instructed to furnish the information as soon as possible in order that the Department may be promptly informed. Circular, November 20, 1905.

Citizens only. Passports can be issued only to citizens of United States. Person who has only made declaration of intention can not receive passport. Executive order, July 19, 1902. Amended, Act, March 2, 1907. Citizens. United States Government does not discriminate between native and naturalized citizens in according them protection while they are abroad, equality of treatment being required by laws of United States. Circular, March 27, 1899. Citizenship, fraudulent. List of persons fraudulently admitted to citizenship at St. Louis in October, 1902. Orders admitting these aliens to citizenship revoked and persons named enjoined from claiming citizenship thereunder.

Born in Roumania.

Ike Abramowitz, Henry Berger,
Isaac Cohn, Ben Carlick, Dave Dadivson, Berintz
Feldman, Harry Goldstein, Dan Hoffman, Sam Hal-
perin, Sam Herschkowitch, Joe Kupperman, Sam
Markowitz, Isadore Marcus, Henry Ostfeld, Benzoin
Schwartz, Sol Sigel, David Solomon, Fred Weissman,
Paul Yak.

Born in Turkey. John Azar, George Asey, Mike Alias,
Habel Ferres, Abadolah Joseph, Ferres Khoury,
George Sassin, Abraham Sada, Shahim Sala.

Born in Austria. Jacob Dick, Philip Kamesman, Philip
Kammerman, Moritz Menkins, Charles Pames, Max
Smith.

Born in Russia. Hyman Benjamin, Abraham Block,

Sam Bernstein, Charles Berman, Jake Buchman,
Max Barnholz, Harry Bold, Jacob Carll, Hyman Cohn,
Gus Frank, Nathan Flaxman, William Friedman,
Sam Gold, William H. Goldman, Frank Hecht, Davis
Isenberg, Jacob Korsenblown, Benny Katz, Sam
Katz, William Novak, Max Novak, Dave Ocksman,
Harry Poster, Ben Rabinowitz, Louis Rosenthal,
Jake Schuman, Harry Sacks, Harry Schneider, Max

PASSPORTS-Continued.

Citizenship, fraudulent-Continued.

Soviner, Isaac Sunnenritz, Joe Travenbaum, Morias
L. Weiss, Charles L. Weissman.

Born in Italy. Domenico Bommorito, Frank Ferrario,
Tony Naggi, Ernest Nomi, Louis Pelligrini, Louis.
Tapello, Pietro Vennigoni.

-Circular, August 3, 1904. Citizenship, loss of. Naturalized citizens who return to country of origin and there reside without any tangible manifestation of intention to return to United States may generally be assumed to have lost the right to receive protection of United States. Naturalization in United States can not be used as a cloak to protect such person from obligations to country of his origin while he performs none of the duties of citizenship to the country which naturalized him. The statements of loyalty to United States Government which he may make are contradicted by the circumstance of his residence, and are open to suspicion of being influenced by the advantages he derives by avoiding the performance of duties of citizenship to any country. It is not to be understood from this that naturalized American citizens returning to the country of their origin are to be refused the protection of a passport. On the contrary, full protection should be accorded to them until they manifest an effectual abandonment of their residence and domicile in United States. Circular, March 27, 1899. See also below under Expatriation and Rejection of application.

Cuban citizens. See Cuban interests-passports.
Emergency passports. To be issued only when clearly

shown that person applying is about to proceed to a
country to obtain entrance into which a passport is
obligatory. May be issued for use with local authorities
only when certificate of registration will not be accepted.
Good for period not to exceed six months. Form same
as regular passport, except for following insertion:
"Emergency Passport. This passport is issued to
in order that he may proceed to

(If the passport is issued for other purposes than travel, the fact should be stated.)

PASSPORTS-Continued.

Emergency passports-Continued.

Duplicate of application, together with statement of of proof accepted and reason for issuance, to be forwarded immediately to Department. Circular, April 19, 1907. (Effective July 1, 1907.)

Expatriation. A person who has expatriated himself can not receive a passport. Circular, March 27, 1899. Expatriation defined. A person may reside abroad for purposes of health, education, amusement, or business for an indefinite period; he may acquire a commercial or civil domicile there, but if he do so sincerely and bona fide animo revertendi, and do nothing inconsistent with his preexisting allegiance, he will not thereby have taken any step toward self-expatriation. But if, instead of this, he permanently withdraws himself and his property and places both where neither can be made to contribute to the national necessities, acquires a polical domicile in a foreign country, and avows his purpose not to return, he has placed himself in a position where his country has the right to presume that he has made his election of expatriation. There being no legislative definition of what constitutes expatriation, it is a fact to be determined by the circumstances of each case that arises. But even where expatriation may not be established, a person who is permanently resident and domiciled outside of the United States can not receive a passport. Circular, March 27, 1899. Expatriation. Quotes paragraph 144 of the Diplomatic Instructions and the Consular Regulations, as amended by Executive order of April 6, 1907. Diplomatic and consular officers should certify under seal all cases that come to their knowledge of American citizens that secure naturalization in a foreign State in conformity with its laws, or take an oath of allegiance to a foreign State, and transmit the certification to the Department. In case of naturalized citizen of the United States, the fact should be stated and the certificate of American naturalization should, if possible, be taken up and forwarded to the Depart

PASSPORTS-Continued.
Expatriation-Continued.

ment with the certification. Form of certification
shall be as follows:

I, A. B. (name and rank of certifying officer), hereby certify that C. B., a citizen of the United States by birth (or naturalization), has secured naturalization as a citizen of

the proof of such naturalization being as follows:

(If he was a citizen of the United States by naturalization a statement of the date and place of his naturalization in the United States should follow.)

In testimony whereof I have hereunto signed my name and affixed my seal of office.

[L. S.]

When a naturalized citizen of the United States has
resided for two years in the country of his origin, or
for five years in any other country, this fact creates
a presumption that he has ceased to be an American
citizen, but the presumption may be overcome by
his presenting to a diplomatic or consular officer
proof establishing the following facts:
(a) That his residence abroad is solely as a repre-
sentative of American trade and commerce,

and that he intends eventually to return to
the United States permanently to reside; or
(b) That his residence abroad is in good faith for
reasons of health or for education, and that
he intends eventually to return to the United
States to reside; or

(c) That some unforeseen and controlling exigency beyond his power to foresee has prevented his carrying out a bona fide intention to return to the United States within the time limited by law, and that it is his intention to return and reside in the United States immediately upon the removal of the preventing cause.

Such evidence must be of the specific facts and circumstances, and mere assertions, even under oath, that any of the enumerated reasons exist will not be accepted as sufficient.

† Amended by adding the words "or principally." Circular, May 14, 1908.

PASSPORTS-Continued.
Expatriation—Continued.

Such affidavit or affidavits must be made in duplicate,
one copy being sent forthwith to the Department,
and if the affidavits or other evidence have been pre-
sented to a consular officer he shall notify the embassy
or legation in the country in which he is resident of
the name of the person and of the facts concerning
his residence abroad.

So much of this instruction as relates to residence abroad is not applicable to natural-born citizens of the United States. Their status, so far as their right to the protection of this Government is concerned, is governed by existing instructions of the Department, and especially by so much of the circular instruction of March 27, 1899, as applies to them, which is appended hereto. Circular, April 19, 1907. Amendment to rule (a) to overcome presumption of expatriation, so that it reads as follows:

"(a) That his residence abroad is solely or princi

pally as a representative of American trade
and commerce, and that he intends event-
ually to return to the United States to re-
side." Circular, May 14, 1908.

See also under Registration of American Citizens-
Canada.

Expatriation and protection of Americans in China. Section 2 of the act of March 2, 1907, and paragraph 144 of the Diplomatic Instructions and Consular Regulations as amended by the Executive order of April 6, 1907, relative to expatriation and the protection of Americans abroad, are applicable to American citizens who reside in China.

Therefore, a person of Chinese birth and race who, through former acquisition of Hawaiian citizenship during Hawaiian independence, became a naturalized citizen of the United States on the annexation of Hawaii, and who returns to China and there resides for a period of two years, will be presumed to have ceased to be an American citizen; and any other

* No fee to be charged for such affidavits. Circular, March 25, 1908.