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but of the 5,795 Filipinos arriving in 1929, 2,609, or 45 percent, came from Manila and 2,622, or 45.3 percent, came from Honolulu.

7. A comparison between the emigration of Filipinos from the Philippines to Hawaii and to California strongly suggests the probability that large numbers of Philipinos, instead of emigrating to Hawaii and then to California, emigrate directly from the Philippines to California.

8. Of the male Filipinos who came to California from the Hawaiian Islands in 1921 and 1922, from 30 to 34 percent were born in the Hawaiian Islands, and from 66 to 70 percent were born in the Philippine Islands. Since 1923, from 81 to 87 percent of the Filipinos who emigrated from Hawaii to California were emigrants from the Philippines to Hawaii.

9. Among the female Filipinos coming to California from the Hawaiian Islands, the majority are natives of the Hawaiian Islands.

10. Out of every 100 Filipinos coming to California during the 10 years 192029, 93 percent were males and 7 percent were females. During the 10 years considered there were admitted into California, 1,395 Filipino males for every 100 Filipino females admitted. While the ratio of Filipino males to females coming to California is 14 to 1, the ratio of males to females in the total California population is 1.1 to 1.

11. Among the Filipinos coming to California the preponderant majority are young persons. Of the total arrivals 4.9 percent are under 16 years of age and 79.4 percent are between 16 and 30 years of age. The total number under 30 years of age constitute 84.3 percent of the total arrivals. In contrast the percentage in the total population in California who are under 30 years of age is only 22.8 percent.

12. Among the female Filipino arrivals into California, the preponderance of young persons is greater than among male Filipinos. While among the females the proportion under 16 years of age is 35.3 percent, among the males this proportion is 4.9 percent. Again, while among the female Filipino arrivals 57.2 percent are under 22 years of age, among the male Filipino arrivals the corresponding percentage is 36.3 percent.

13. Seventy-seven and three-tenths percent of the Filipinos coming to California are single, 22.5 percent are married, and 0.2 percent are widowed. The corresponding percentages in the total population of California are 47.9 percent single, 43.7 percent married, and 6.7 percent widowed.

14. Among the female Filipino arrivals the proportion married is twice as great as among the male Filipino arrivals. About 43 percent of the Filipino females coming to California are married women, whereas only about 21 percent of the Filipino males coming to California are married men. Only about 12 percent of the married Filipinos bring their wives with them upon coming to California.

15. There are more single persons and less married persons among the Filipino arrivals into California than among immigrant alien Mexicans, or among immigrant aliens, exclusive of Mexicans, admitted into the United States.

16. Very few Filipinos left California prior to about the middle of 1929, but from July 1929 to the end of that year, 891 Filipinos left California for foreign ports. The number of Filipinos who left California for foreign ports during the ten years 1920-29 may have been from 2,000 to 3,000.

17. The number of Filipinos now in California is probably between 31,000 to 34,000.

18. Among the hotel, restaurants, and domestic occupations in which the Filipinos find work in California are the following: Bell boys, bus boys, cooks, dishwashers, door boys, hall boys, house cleaners, janitors, kitchen helpers, and pantrymen, etc.

19. Many employers prefer Filipino workers to white workers, because the former are considered steadier, more tractable, and more willing to put up with longer hours, poorer board, and worse lodging facilities. Where a white worker may feel restive and disgruntled because of bad working conditions, the Filipino newcomer is satisfied to stay on the job without kicking.

20. The average weekly wage rates paid to Filipinos hired in 1929 in certain hotel, restaurant, and domestic occupations ranged from $11.20, with room and board, to $18.11, without room and board. The average monthly wage rates of Filipinos in similar occupations ranged from $66.68, with room and board, to $73.82, without room and board.

21. The monthly wage rates, with room and board, of 492 Filipinos, follows: 106, or 21.6 percent, were paid $50; 93, or 18.9 percent, $60; and 64, or 13 percent, $75. Of these 492 Filipinos, 59 percent were hired at monthly wage rates of

$65 or less, and only 11.7 percent were hired at monthly wage rates ranging from $100 to $150.

22. Filipinos are used extensively in agricultural occupations, such as asparagus cutting, fruit picking, rice harvesting, hoeing and topping beets, lettuce harvesting, grape picking, celery planting, hop picking, and general ranch labor. Wage rates in these occupations vary considerably, depending upon the nature of the crops harvested, the location of the work performed, and upon many other factors. Hourly wage rates paid to Filipinos range from 30 to 50 cents, and daily wage rates range from $2.50 to $5. The lower figures are nearer those at which the Filipinos are more commonly employed.

23. A Filipino labor contractor acts as the go-between for the growers and the Filipino laborers hired by the contractor to do the harvesting for the grower. The labor contractor also acts as an intermediary between his laborers and the grocers and other tradesmen who extend credit on necessaries of life furnished by them to the laborers.

24. Between 5,000 to 6,000 Filipinos are employed in the harvesting of the California asparagus crop. The Filipinos are more than 80 percent of the total workers employed in this work. Among the other workers are Chinese, Japanese, Hindus, Mexicans, Spanish, Portuguese, Turks, and Koreans. There are plenty of Filipinos at present (March 1930) available in the asparagus fields. 25. Filipinos and others are paid from 90 cents to $1.40 per hundred pounds of asparagus cut, depending upon the age of the bed. The price most frequently paid is probably $1.10 per 100 pounds.

26. With the arrival of Filipinos in the asparagus fields, the growers were enabled to use more men per acre, which made it possible to have the asparagus fields gone over more thoroughly. The use of more men per acre harvested, however, has tended to decrease the average daily earnings per man employed. 27. In many occupations in which Filipinos find employment in California they are displacing native white workers and others. This is especially true in hotel, restaurant, and domestic occupations. In box factories in northern California, the Filipinos are also displacing white workers. In agricultural occupations Filipinos are competing largely with Mexicans and other immigrant groups of labor, but even in some agricultural occupations the Filipinos are taking the places of white workers.

28. The displacing of white workers by Filipinos and the prevailing racial prejudices against them account for the recent deplorable anti-Filipino riots in Exeter and Watsonville.

WHO ARE CITIZENS OF THE PHILIPPINES?

By Dr. Diosdado M. Yap

Generally speaking, all Filipinos are citizens of the Philippine Islands. They will continue to be such, and their children will also be Philippine citizens unless they renounce their Philippine citizenship and ask to become citizens of some other country. A woman of foreign nationality who marries a citizen of the Philippines will follow his citizenship (Constitution of the Philippines, art. IV).

The constitution also considers as citizens those born in the Philippines of foreign parents who, before the adoption of the constitution, had been elected to public office in the Philippines (Constitution of Philippines, art. IV, sec. 1 (3)). Citizenship is likewise conferred by the constitution upon those persons whose fathers are citizens of the Philippines, or a person born abroad of Filipino father and foreign mother remains a Filipino citizen, but that in order that the country of his birth may not claim him, he should elect Philippine citizenship upon reaching the age of majority (Lorenzo v. Casañas, 15 Philippines, 587. Such election is no longer required by the constitution, where the father is a Filipino. But when the mother and not the father is of Philippine citizenship, her children can become citizens, according to the constitution, only if upon reaching the age of majority they elect Philippine citizenship (Constitution, Philippines, art. IV, sec. 1).

Philippine citizenship is governed by article IV of the Constitution of the Philippines. The constitution, it is seen, considers as citizens of the Philippines those who were citizens at the time of its adoption. Prior to the adoption of the constitution, Philippine citizenship was governed by article IX of the

Treaty of Paris, and by section 4 of the Philippine bill of July 1, 1902, and as superseded by section 2 of the Philippine Autonomy Act of August 29, 1916.

According to Article IV-Citizenship, of the Constitution of the Philippines, the following are citizens of the Philippines:

Section 1:

1. Those who are citizens of the Philippine Islands at the time of the adoption of this constitution.

2. Those born in the Philippine Islands of foreign parents who, before the adoption of this constitution, had been elected to public office in the Philippine Islands.

3. Those whose fathers are citizens of the Philippine Islands.

4. Those whose mothers are citizens of the Philippine Islands, and, upon reaching the age of majority, elect Philippine citizenship.

5. Those who are naturalized in accordance with the law.

Section 2 of this article also provides that Philippine citizenship may be lost or reacquired in the manner provided by the law. In compliance with the constitutional provision of how citizenship may be lost or reacquired, the First National Assembly, first session, approved, October 21, 1936 (Commonwealth Act No. 63-B, No. 2260) provides:

"AN ACT PROVIDING FOR THE WAYS IN WHICH PHILIPPINE CITIZENSHIP MAY BE LOST OR REACQUIRED

Be it enacted by the National Assembly of the Philippines:

"SECTION 1. How citizenship may be lost-A Filipino citizen may lose his citizenship in any of the following ways and/or events:

"1. By naturalization in a foreign country;

"2. By express renunciation of citizenship;

"3 By subscribing to an oath of allegiance to support the constitution or laws of a foreign country upon attaining twenty-one years of age or more;

"4. By accepting commission in the military, naval, or air service of a foreign country;

"5. By cancelation of the certificate of naturalization;

"6. By having been declared, by competent authority, a deserter of the Philippine Army, Navy, or Air Corps in time of war, unless subsequently a plenary pardon or adnesty has been granted; and

"7. In the case of a woman, upon her marriage to a foreigner if, by virtue of the law in force in her husband's country, she acquires his nationality.

"SEC. 2. How citizenship may be reacquired-Citizenship may be reacquired: "1. By naturalization: Provided, That the applicant possesses none of the disqualifications prescribed in section 2 of Act Numbered Twenty-nine hundred and twenty-seven;

"2. By repatriation of deserters of the Army, Navy, or Air Corps: Provided, That a woman who lost her citizenship by reason of her marriage to an alien may be repatriated in accordance with the provisions of this Act after the termination of the marital status; and

"3. By direct act of the National Assembly.

"SEC. 3. Procedure incident to reacquisition of Philippine citizenship—The procedure prescribed for naturalization under Act Numbered Twenty-nine hundred and twenty-seven, as amended, shall apply to the reacquisition of Philippine citizenship by naturalization provided for in the next preceding section: Provided, That the qualifications and special qualifications prescribed in sections three and four of the said Act shall not be required: And provided further,

"1. That the applicant be at least twenty-one years of age and shall have resided in the Philippines at least six months before he applies for naturalization;

"2. That he shall have conducted himself in a proper and irreproachable manner during the entire period of his residence in the Philippines, in his relations with the constituted government as well as with the community in which he is living; and

"3. That he subscribes to an oath declaring his intention to renounce absolutely and perpetually all faith and allegiance to the foreign authority, state, or sovereignty of which he was a citizen or subject.

"SEC. 4. Repatriation shall be effected by merely taking the necessary oath of allegiance to the Commonwealth of the Philippines and registration in the proper civil registry.

"SEC. 5. The Secretary of Justice shall issue the necessary regulations for the proper enforcement of this Act. Naturalization blanks and other blanks required

for carrying out the provisions of this Act shall be prepared and furnished by the Solicitor General, subject to the approval of the Secretary of Justice. "SEC. 6. This Act shall take effect upon its approval.

"Approved, October 21, 1936."

ACT NO. 2927-PHILIPPINE NATURALIZATION LAW

"Citizens of the United States or foreigners may acquire Philippine citizenship. The following qualifications are provided as follows:

"1. Must be at least 21 years of age.

"2. Residence in the Philippine Islands for a continuous period of not less than five years.

"3. Must have an irreproachable conduct during this period.

"4. Possession in the Philippine Islands of real estate worth not less than $1,000 ($500), or pursuit of some trade or profession, and

"Ability to speak and write English, Spanish, or some native tongue." More liberal provisions are provided for certain classes.

ANOMALOUS STATUS OF FILIPINOS

(By Dr. Diosado M. Yap)

The Filipinos are in an anomalous position with regard to citizenship. Citizens of the Philippine Islands are by court decision held to be nationals but not citizens of the United States. Under the naturalization laws of the United States, Filipinos may not be naturalized unless they have served at least 3 years in the United States Navy, Navy Auxiliary, or Marine Corps and have been honorably discharged. Thus, with this slight exception, although the Filipino is specifically cited as not being alien, neither is he a citizen of the United States nor can he become one.

They also present a peculiar problem with reference to immigration regulations. The Immigration Act of 1924 provided that the term "alien" as used therein does not include citizens of the islands under the jurisdiction of the United States"; thus there was no restriction on the immigration of Filipinos although the sentiment in the Pacific States favored their exclusion. The deep concern with which many thoughtful citizens look upon the influx of Filipinos into California is reflected in the assembly Joint Resolution No. 15, passed by the California Legislature in 1929. In this resolution the legislature memorialized and petitioned Congress to enact legislation for the restriction of Filipino immigration, because "the present absence of restriction of Filipino immigration opens the door annually to thousands of Filipinos, causing unjust and unfair competition to American labor, and nullifying the beneficial results to be expected from a national policy of restrictive immigration."

In 1928 Congressman Richard Welch of California introduced a bill in Congress to exclude Filipino immigrants by the device of declaring them aliens. The bill was endorsed by American Federation of Labor and several Western State federations of labor as well as by other organizations. A similar bill was introduced by Senator Johnson of California in 1929. Among the common objectives voiced against these bills were their probable unconstitutionality and the unfairness of excluding the citizens of a country which the United States controls. There accordingly arose the practical political question of choosing between permitting the free entry of goods and persons from the Philippines and granting them their independence. In 1934, the matter was partially solved by the passage of the Independent Act which provides for the freedom of the islands after a 10-year transition period. It was framed out of commercial motives, and not at all in the altruistic spirit of giving liberty and independence to the Philippines. It enlisted the support of the American beet-sugar interests and of the industries concerned to lessen or stop importations of jute and oil from the Philippines.

On May 1, 1934, when the Philippine Legislature accepted the Independence Act, the Philippine Islands became a foreign territory for purposes of immigration, and migration to the United States of natives of the islands became, with certain important exceptions, subject to the rules and regulations that apply to immigration from quota countries. These exceptions, moreover, are mostly of a tempo

rary character; they will remain in force only during the 10 years the Philippines are progressively acquiring political independence. Upon the final and complete withdrawal of American sovereignty over the islands, which will be on July 4, 1946, "the immigration laws of the United States (including all the provisions thereof relating to persons ineligible to citizenship) shall apply to persons who were born in the Philippine Islands to the same extent as in the case of other foreign countries."

The first exception to be noted is that during the 10-year interval Philippine citizens will not be denied entry to the United States even though they are by race ineligible to American citizenship but will be granted an annual quota of 50. The second exception is made in favor of Philippine citizens entering Hawaii. For a number of years, industries in Hawaii, especially the sugarcane plantations as well as the pineapple plantations, have imported workers from the Philippines, who have largely supplanted Chinese and Japanese labor, and it was argued in Congress that to shut off this source of labor would affect them disastrously. Accordingly, it was provided in the immigration section of the Independence Act that citizens of the Philippines in possession of documentary evidence showing admissibility to Hawaii in accordance with the determination of the Department of the Interior, based on the needs of the industries of Hawaii, are exempt from the operation of the immigration laws. The Secretary of the Interior, it should be noted, and not the Secretary of Labor, is to control the admission of this group of migrant workers from the islands. The Secretary of the Interior has recently issued regulations giving the Governor of Hawaii power to authorize employers to import Filipino laborers under certain prescribed conditions. With the approval of the Department of State, the American consul in Manila has been designated to issue certificates of identity to Philippine citizens who meet the specified requirements. Arrangements have also been made to permit Philippine citizens living outside of their native country to apply to other American consular offices for a worker's certificate of identity. Though persons holding such certificates are not subject to the provisions of the immigration laws of the United States, they must, however, submit to such examination as the Governor may require to determine their admission "is not contrary to the public safety." Nor is such a Philippine citizen “subject to deportation so long as he continues to reside therein" in Hawaii under such permission. He is not, however, entitled to emigrate from Hawaii to any other part of the United States.

IMMIGRATION PROBLEMS OF FILIPINOS

By Dr. Diosdado M. Yap

IMMIGRATION PROBLEMS

A. Problems of procedure.

Except for minor confusions that arise out of the insufficiency of cases on which to base a uniform practice, the basic immigration laws of the United States as qualified by the act of Congress, approved March 24, 1934, and accepted by the Philippine Legislature on May 1, 1934, operates as follows:

1. Citizens of the Philippine Commonwealth who are not citizens of the United States shall from the date above mentioned be considered as aliens. For such purposes the Philippine Commonwealth shall be considered as a foreign country and shall have for each fiscal year a quota of 50. This does not apply, however, to Filipino citizens seeking admission to the Territory of Hawaii who do not apply for an immigration visa, as an exception has been made to this type of immigration, making it dependent upon the needs of industries in that territory, to be determined by the Department of the Interior.

2. Subject to regulations prescribed by the Secretary of Labor, citizens of the Philippines who are not citizens of the United States shall not be admitted into the continental United States from the Territory of Hawaii (whether entering the Territory before or after the effective date of the act of March 24, 1934, sec. 8) except in the following cases:

(a) Nonimmigrants.-A Government official, his family, attendants, servants and employees; tourists temporarily visiting the United States for business or pleasure; those in continuous transit through the United States; those lawfully admitted to the United States who later go in transit from one part of the

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