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his wife not being admissible to the United States brooded over his misfortunes and went insane. That might be peculiar, but the facts in these cases tend to show that his insanity was caused by this very fact. It is natural for a man to have his wife with him, but when he married her, left her in China, came back to this country, made preparations for a home, worked, labored and saved for a few years, then came this act which forbade him to bring his wife into this country.

We have here a doctor's certificate attesting to the fact that he is suffering from what they call dementia praecox, etc.

I believe the affidavits well tell in detail the facts concerning these cases, so I do not think I would like to go any further into the details.

Senator BLEASE. When did he get the cause of his insanity, before he married her or afterwards?

Mr. Fung. After he was married. He was married many years and left bis wife in China, and came back to this country.

Senator BLEASE. Was he married to another woman?
Mr. Fung. No; he only married one Chinese woman in China.
Senator BLEASE. You know what dementia praecox is, don't you?
Mr.Fung. I don't quite understand the cause of it.
Mr. DYER. This man only had one wife. He never had any other

Mr. FUNG. No.
Mr. DYER. The Chinese are very scrupulous, I will say that.

Senator BLEASE. I was thinking about his class of insanity, when he picked it up:

It might be better for his wife not to be with him. Mr. Fung. I wish to call your attention, gentlemen, to the fact that there are about thirty-some-odd cases of Chinese wives of American citizens who arrived in this country after July 1, 1924, and they were admitted temporarily under bonds. Their bonds have been extended a number of times by the authority of the Secretary of Labor, presumably awaiting the final action of Congress, so if Congress takes no action, perhaps the Secretary of Labor will not extend their bonds any longer. Their boods would expire in June of this year. If they are not extended they would be ordered deported. That is another type of hardship or injustice to us American citizens of the Chinese race.

We have come here to-day to ask you to amend the law so as to remove these hardships. That is all I have to say, Mr. Chairman.

Senator KEYES. We are much obliged to you for your testimony.

Mr. DYER. I think that is all, Mr. Chairman. The Supreme Court decision to which I called the committee's attention which makes this legislation necessary, if the wives of these American citizens are to be admitted was at the October term, 1924. The decision is contained in this first plea for relief, pages 27, 28, and 29.

I am very much obliged to you gentlemen for giving us the opportunity to be heard, and trust that you will be able to give it consideration, favorable consideration, because I do not believe that Congress ever intended to create this situation and nobody had any idea that it had done so until the decision of the court to which I have made reference.

Senator KEYES. Mr. Husband is present, the Assistant Secretary of Labor. Mr. Husband, would you like to say anything on this matter. We would be very glad to hear from you.



Mr. HUSBAND. I think, Mr. Chairman, that the situation has been completely covered in the remarks that have already been made. The difficulty that we faced was this in the beginning: After the enactment of the act of 1924, it was assumed by the immigration authorities and the department that neither the wives of merchants who were exempt because of treaty, who were permitted to enter the United States because of provisions in the treaty, nor the wives of American citizens were admissible under this act by reason of the provisions of section 5. Two cases went through the courts to the Supreme Court, one concerning the wife of a merchant who himself was obviously admissible under the act, and the other the wife of a United States citizen.

The Supreme Court in deciding those cases determined that because of the treaty provisions the wife of the merchant was permitted to come in and reside permanently in the United States, but the wife of the citizen could not be admitted. We had, as one of the witnesses has said, admitted temporarily under bond a number of women of both classes, the wives of citizens and the wives of merchants pending the outcome of the cases in court, and it was possible after the Supreme Court decision to legalize for permanent residence the wives of the merchants, but we still have some 30 wives of citizens who are here temporarily and who should not be compelled to go back because of the efforts that were being made in Congress to grant them the right of residence.

It appeals to us as an unfair discrimination in favor of the wives of the aliens, and not only the alien merchant, but the professor, the minister of religious denominations, although an alien, may bring in his wife for permanent residence, but the United States citizen who is a citizen by reason of birth in this country is not granted the same privilege.

I do not know that I can add anything.

Senator KEYES. Do the other members of the committee desire to ask any questions?

Senator BLEASE. No questions.
Senator KEYES. Senator Gould?
Senator GOULD. Nothing further.

Senator KEYES. Mr. Husband, you think this is the right way to go about it? I mean you are in favor of passing legislation to admit more, rather than to enact restrictive legislation as against alien merchants?

Mr. HUSBAND. Yes. If I were to restrict anyone, I think that of the two classes mentioned, I certainly would restrict the wife of the alien and admit the wife of the citizen.

Senator KEYES. I understand from you that there are only about 30 cases at the present time.

Mr. HUSBAND. There are 30 cases here temporarily. Of course the number would be more if they could have got here. A considerably larger number have not been able to come by reason of inability to secure consular documents to join their husbands. How many of those there are, I do not know.

Senator KEYES. Have you any idea at all?

Mr. HUSBAND. No, I have not; but I think either our records or the records of the State Department would indicate. I think a fair indication of the numbers involved would be the records showing the number of wives of citizens who have come in in previous years. We can give you that, I am sure, over a period of years, and I believe that you might reasonably take that as an indication of what would occur in the future.

Senator KEYES. Will you let us have that?
Mr. HUSBAND. Yes; I will be very glad to.

(The following letter from Mr. W. W. Husband, Second Assistant Secretary of Labor, was subsequently received showing the number of aliens of the Chinese race admitted as wives of United States citizens during the fiscal years 1906 to 1924.)


Washington, February 7, 1928.
United States Senator,

Washington, D. C. MY DEAR SENATOR: I am inclosing a statement showing the number of aliens of the Chinese race admitted as wives of United States citizens during the fiscal years 1906 to 1924, as promised at yesterday's hearing before your subcommittee. You will note that no record is available for the years after 1924, the reason for this being that the Act which went into effect on July 1st of that year eliminated such wives from the admissible classes. Sincerely yours,

W. W. HUSBAND, Second Assistant Secretary.

Aliens of the Chinese race admitted as wives of United States citizens, during the fiscal years 1906 to 1924

Number Fiscal year

admitted 1906.

7 1907

23 1908

37 1909.

98 1910.

110 1911.

80 1912

88 1913

126 1914.


Total 9 years.


Fiscal year

1915. 1916. 1917. 1918. 1919 1920. 1921. 1922. 1923. 1924.

106 108 110 132

91 141 290 396 387 396

2, 157

Total 10 years. Note.—Similar figures not available for years prior to 1906 or after 1924.

Mr. Fung. May I make a statement in answer to your question? As to how many, of course, there is no basis of calculation, but between the years 1906 and 1924, there was a total of 2,800 alien wives of Chinese American citizens admitted. So if the law were amended, there would not be a great influx of these Chinese women at all.

Mr. DYER. I will say, Mr. Chairman, that the reason for these Chinese citizens in the United States thinking it is discrimination and unjust is not because they are trying to get a lot of alien Chinese into the United States.

Senator KEYES. I do not think that is so, but I was just wondering how many might be involved.

Mr. HUSBAND. A good many of these cases were further complicated by the fact that the children of citizens, although born in China, are of course citizens of the United States. The children may come, but the children's mother may not come.

Senator KEYES. If there is nothing further, the committee will stand adjourned.

(Thereupon the committee adjourned.)


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