« EelmineJätka »
power conferred by §32 of this Act upon the Commissioner-General of Immigration to prescribe rules for the entry and inspection of aliens along the borders of Canada and Mexico.*
$37. That whenever an alien shall have taken up his permanent residence in this country, and shall have filed his declaration of intention to become a citizen, and thereafter shall send for his wife, or minor children to join him, if said wife or any of said children shall be found to be affected with any contagious disorder, such wife or children shall be held, under such regulations as the Secretary of Commerce and Labour shall prescribe, until it shall be determined whether the disorder will be easily curable, or whether they can be permitted to land without danger to other persons; and they shall not be either admitted or deported until such facts have been ascertained; and if it shall be determined that the disorder is easily curable or that they can be permitted to land without danger to other persons, they shall, if otherwise admissible, thereupon be admitted.†
$38. That no person who disbelieves in or who is opposed to all organised government, or who is a member of or affiliated with any organisation entertaining and teaching such disbelief in or opposition to all organised government, or who advocates or teaches the duty, necessity or propriety of the unlawful assaulting or killing of any officer or officers, either of specific individuals or of officers generally, of the Government of the United States or of any other organised government, because of his or their official character, shall be permitted to enter the United States or any territory or place subject to the jurisdiction thereof. This Section shall be enforced by the Secretary of Commerce and Labour under such rules and regulations as he shall prescribe. That any person who knowingly aids or assists any such person to enter the United States or any territory or place subject to the jurisdiction thereof, or who connives or conspires with any person or persons to allow, procure, or permit any such person to enter therein, except pursuant to such rules and regulations made by the Secretary of Commerce and Labour shall be fined not more than five thousand dollars, or imprisoned for more than five years, or both.‡
$39. That a commission is hereby created, consisting of three Senators, to be appointed by the President of the Senate, and three members of the House of Representatives, to be appointed by the Speaker of the House of Representatives, and three persons, to be appointed by the President of the United States. Said Commission shall make full inquiry, examination and investigation by sub-committee or otherwise into the subject of immigration. For the purpose of said inquiry, examination and investigation said Commission is authorised to send for persons and papers, make all necessary travel, either in the United States or any foreign country, and, through the Chairman of the Commission or any member thereof, to administer oaths and to examine witnesses and papers respecting all matters pertaining to the subject, and to employ necessary clerical and other assistance. Said Commission shall report to the Congress the conclusions reached by it, and make such recommendations as in its judgment may seem proper. Such sums of money as may be necessary for the said inquiry, examination and investigation are hereby appropriated and authorised to be paid out of the "Immigrant Fund" on the certificate of the Chairman of said Commission, including all expenses of the Commissioners and a reasonable compensation, to be fixed by the President of the United
*See Rule II.
*See Rule 38; also paragraph (g), Rule 21.
States, for those members of the Commission who are not members of Congress; and the President of the United States is also authorised, in the name of the Government of the United States, to call, in his discretion, an International Conference, to assemble at such point as may be agreed upon, or to send special Commissioners to any foreign country, for the purpose of regulating by international agreement, subject to the advice and consent of the Senate of the United States, the immigration of aliens to the United States; of providing for the mental, moral and physical examination of such aliens by American Consuls or other officers of the United States Government at the ports of embarkation, or elsewhere; of securing the assistance of foreign Governments in their own territories to prevent the evasion of the laws of the United States governing immigration to the United States; of entering into such international agreements as may be proper to prevent the immigration of aliens who, under the laws of the United States, are or may be excluded from entering the United States, and of regulating any matters pertaining to such immigration;
§40. Authority is hereby given the Commissioner-General of Immigration to establish, under the direction and control of the Secretary of Commerce and Labour, a division of information in the Bureau of Immigration and Naturalisation; and the Secretary of Commerce and Labour shall provide such clerical assistance as may be necessary. It shall be the duty of said division to promote a beneficial distribution of aliens admitted into the United States among the several States and Territories desiring immigration. Correspondence shall be had with the proper officials of the States and Territories, and said division shall gather from all available sources useful information regarding the resources, products and physical characteristics of each State and Territory, and shall publish such information in different languages and distribute the publications among all admitted aliens who may ask for such information at the immigrant stations of the United States and to such other persons as may desire the same. When any State or Territory appoints and maintains an agent or agents to represent it at any of the immigrant stations of the United States, such agents shall, under regulations prescribed by the Commissioner-General of Immigration, subject to the approval of the Secretary of Commerce and Labour, have access to aliens who have been admitted to the United States for the purpose of presenting, either orally or in writing, the special inducements offered by such State or Territory to aliens to settle therein. While on duty at any immigrant station such agents shall be subject to all the regulations prescribed by the Commissioner-General of Immigration, who, with the approval of the Secretary of Commerce and Labour, may, for violation of any such regulations, deny to the agent guilty of such violation any of the privileges herein granted.
$41. That nothing in this Act shall be construed to apply to accredited officials of foreign Governments nor to their suites, families or guests.*
§42 It shall not be lawful for the master of a steamship or other vessel whereon immigrant passengers, or passengers other than cabin passengers, have been taken at any port or place in a foreign country or dominion (ports and places in foreign territory contiguous to the United States excepted) to bring such vessel and passengers to any port or place in the United States, unless the compartments, spaces and accommodations hereinafter mentioned have been provided, allotted, maintained, and used for and by such passengers during the entire voyage; that is to say, in a steamship, the compartments or spaces, unobstructed by cargo, stores or goods, shall be of sufficient dimensions
*See paragraph (b), Rule 2,
to allow for each and every passenger carried or brought therein eighteen clear superficial feet of deck allotted to his or her use, if the compartment or space is located on the main deck or on the first deck next below the main deck of the vessel, and twenty clear superficial feet of deck allotted to his or her use for each passenger carried or brought therein if the compartment or space is located on the second deck below the main deck of the vessel : Provided, That if the height between the lower passenger deck and the deck immediately above it is less than seven feet, or if the apertures (exclusive of the side scuttles) through which light and air are admitted together to the lower passenger deck are less in size than in proportion of three square feet to every one hundred superficial feet of that deck, the ship shall not carry a greater number of passengers on that deck than in the proportion of one passenger to every thirty clear superficial feet thereof. It shall not be lawful to carry or bring passengers on any deck other than the decks above mentioned. And in sailing vessels, such passengers shall be carried or brought only on the deck (not being an orlop deck) that is next below the main deck of the vessel, or in a poop or deck house constructed on the main deck; and the compartment or space, unobstructed by cargo, stores or goods, shall be of sufficient dimensions to allow one hundred and ten cubic feet for each and every passenger brought therein. And such passengers shall not be carried or brought in any between decks, nor in any compartment, space, poop or deck house, the height of which from deck to deck is less than six feet. In computing the number of such passengers carried or brought in any vessel, children under one year of age shall not be included, and two children between one and eight years of age shall be counted as one passenger; and any person brought in any such vessel who shall have been, during the voyage, taken from any other vessel wrecked or in distress on the high seas, or have been picked up at sea from any boat, raft, or otherwise, shall not be included in such computation. The master of a vessel coming to a port or place in the United States in violation of either of the provisions of this Section shall be deemed guilty of a misdemeanour ; and if the number of passengers other than cabin passengers carried or brought in the vessel, or in any compartment, space, poop, or deck house thereof, is greater than the number allowed to be carried or brought therein, respectively, as herein before prescribed, the said master shall be fined fifty dollars for each and every passenger in excess of the proper number, and may also be imprisoned not exceeding six months.
This Section shall take effect on January first, nineteen hundred and nine.
$43. That the Act of March third, nineteen hundred and three, being an Act to regulate the immigration of aliens into the United States, except $34 thereof, and the Act of March twenty-second, nineteen hundred and four, being an Act to extend the exemption from head tax to citizens of Newfoundland entering the United States, and all Acts and parts of Acts inconsistent with this Act are hereby repealed: Provided, That this Act shall not be construed to repeal, alter, or amend existing laws relating to the immigration or exclusion of Chinese persons or persons of Chinese descent, nor to repeal, alter or amend §6, chapter four hundred and fifty-three, third Session, Fifty-eighth Congress, approved February sixth, nineteen hundred and five, or prior to January first, nineteen hundred and nine, §1 of the Act approved August second, eighteen hundred and eighty-two, entitled "An Act to regulate the carriage of passengers by sea."
§44. That this Act shall take effect and be enforced from and after July first, nineteen hundred and seven Provided, however, That §39 of this
Act and the last proviso of §1 shall take effect upon the passage of this Act and §42 on January first, nineteen hundred and nine. Approved February 20, 1907.
RULES RELATING TO HEAD TAX.
(1, Collection of head tax.-2, Exemption from head tax.—3, Accounting for head tax and other receipts).
RULES RELATING TO ADMISSION OR EXCLUSION.
(4, Application of Immigration Act.-5, Examination of aliens.6, Appeals.-7, Appeals, procedure.-8, Appeals, procedure.— 9, Medical examination.-10. Landing for hospital treatment.II, Detention of sick wives or children.-12, Detention of attendants for helpless aliens.-13, Disabled aliens, procedure.-14, Holding of aliens as witnesses.-15, Assistance to admitted aliens.-16, Charges for care and maintenance.-17, Oath, board of special inquiry.18, Appearance of attorneys.--19, Notice of sailings.—20, Admissions under bond).
21. Japanese and Korean Labourers.-The following rule is promulgated for the purpose of giving effect to an Executive Order of the President, issued on 14th March, 1907, reading:
Whereas, by the Act entitled An Act to regulate the immigration of aliens into the United States," approved February 20, 1907, whenever the President is satisfied that passports issued by any foreign Government to its citizens to go to any country other than the United States or to any insular possession of the United States, or to the Canal Zone, are being used for the purpose of enabling the holders to come to the Continental territory of the United States to the detriment of labour conditions therein, it is made the duty of the President to refuse to permit such citizens of the country issuing such passports to enter the Continental territory of the United States from such country or from such insular possession or from the Canal Zone ;
And Whereas, upon sufficient evidence produced before me by the Department of Commerce and Labour, I am satisfied that passports issued by the Government of Japan to citizens of that country or Korea and who are labourers, skilled or unskilled, to go to Mexico, to Canada and to Hawaii, are being used for the purpose of enabling the holders thereof to come to the Continental territory of the United States to the detriment of labour conditions therein;
I hereby order that such citizens of Japan or Korea, to wit: Japanese or Korean labourers, skilled and unskilled, who have received passports to go to Mexico, Canada or Hawaii, and come therefrom, be refused permission to enter the Continental territory of the United States.
It is further ordered that the Secretary of Commerce and Labour be, and he hereby is, directed to take, through the Bureau of Immigration and Naturalisation, such measures and to make and enforce such rules and regulations as may be necessary to carry this Order into effect.
(a) Aliens from Japan and Korea are subject to the general immigra
(b) Every Japanese or Korean labourer, skilled or unskilled, applying for admission at a seaport or at a land-border port of the United States, and having in his possession a passport issued by the Government of Japan, entitling him to proceed only to Mexico, Canada or Hawaii, shall be refused admission.
(c) If a Japanese or Korean labourer applies for admission and presents no passport, it shall be presumed (1) that he did not possess, when he departed from Japan or Korea, a passport entitling him to come to the United States, and (2) that he did possess at that time a passport limited to Mexico, Canada or Hawaii.
(d) If a Japanese or Korean alien applies for admission and presents a passport entitling him to enter the United States, or one which is not limited to Mexico, Canada or Hawaii, he shall be admitted, if it appears that he does not belong to any of the classes of aliens excluded by the general immigration laws.
(e) If a Japanese or Korean alien applies for admission and presents a passport limited to Mexico, Canada or Hawaii, and claims that he is not a labourer, either skilled or unskilled, reasonable proof of this claim shall be required in order to permit him to enter the United States.
(f) When a Japanese or Korean alien is rejected as being a skilled or unskilled labourer holding a passport limited to Mexico, Canada or Hawaii, he shall be allowed the right of appeal to the Secretary of Commerce and Labour under the same conditions as attach to aliens rejected under the general immigration laws.
(g) If a Japanese or Korean skilled or unskilled labourer is found in the Continental territory of the United States without having been duly admitted upon inspection, the procedure employed under the general immigration laws for the arrest and hearing of aliens who have entered the United States surreptitiously shall be observed, to the end that the right of such alien to be and remain in the United States may be determined; and if it shall appear that such alien falls within the class excluded by the foregoing Executive Order, and has entered the United States since the 14th of March, 1907, the said alien shall be deported according to the provisions of §§20, 21 and 35 of the Act of Congress approved 20th February, 1907.
(h) In case any Japanese or Korean is detained or denied admission by virtue of the foregoing Executive Order, he shall, in addition to being informed of his right of appeal to the Secretary of Commerce and Labour, be advised that he may communicate by telegraph or otherwise with any diplomatic or consular officer of his Government, and shall be afforded opportunities for so doing.
(i) The officials of the Department charged with the enforcement of the immigration laws are instructed that in the execution of this rule scrupulous care shall be taken to see that the courtesy and consideration which the Department requires in the case of all foreigners, of whatever nationality, are shown to those affected by this rule. All officers of this Department are hereby warned that no discrimination will be tolerated, and that those coming under this rule must be shown every courtesy and consideration to which the citizens of most favoured nations are entitled when they come to the United States.
(j) For practical administrative purposes the term "labourer, skilled and unskilled," within the meaning of the Executive Order of March 14th, 1907, shall be taken to refer primarily to persons whose work is essentially physical, or, at least, manual, as farm labourers, street labourers, factory hands, contractors' men, stable men, freight handlers, stevedores, miners and the like; and to persons whose work is less physical, but still manual, and who may be highly skilled, as carpenters, stone masons, tile setters, painters, blackmsiths, mechanics, tailors, printers and the like; but shall not be taken to refer to persons whose work is neither distinctively manual nor mechanical, but rather professional, artistic, mercantile or clerical, as pharmacists, draftsmen, photographers, designers, salesmen, bookkeepers, stenographers, copyists and the like. The foregoing definition is subject to change, and will not preclude the Secretary of Commerce and Labour