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OPINIONS

OF

HON. WILLIAM D. MITCHELL, OF MINNESOTA

APPOINTED MARCH 4, 1929

CITIZENSHIP-SEAMEN ON AMERICAN VESSELS ENGAGED IN THE OCEAN MAIL SERVICE

Seamen who have filed their declarations of intention to become citizens of the United States and have served three years upon merchant vessels of the United States of more than twenty tons burden, are deemed citizens of the United States within the requirements of section 405 (c) of the Merchant Marine Act, 1928 (45 Stat. 693).

In prescribing that a certain proportion of the crew of vessels employed in ocean mail service under the Merchant Marine Act, 1928, shall be "citizens of the United States," Congress used that phrase as it had itself defined it in applicable existing laws, notably the Naturalization Act.

DEPARTMENT OF JUSTICE,
March 12, 1929.

SIR: I have the honor to acknowledge receipt of your request of November 10, 1928, for my opinion "as to whether seamen who have filed declarations of intention to become citizens of the United States and have served three years upon merchant vessels of the United States of more than twenty tons burden, may be considered citizens within the requirements of section 405 (c) of the Merchant Marine Act of 1928." The pertinent portion of that section reads as

follows:

from and after the enactment of this

"405 (c). Act and for a period of four years, upon each departure from the United States of a vessel employed in ocean mail service

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