Secretary DAVIS. No, sir; not when they found out the purpose of registering them and that it is a kindly feeling that we have for them. When they find that we want to help them, or that we want to develop them into true American citizens, and when they know that every dollar that they pay in the form of the registration fee is for their own benefit, and will be expended for their benefit, that will not be their attitude. If we were going to be mean and harsh, or if we were going to try to adopt the tactics of the foreign Governments, then we would have that difficulty, but from the very first they will see that it is for their own benefit. That might apply if we should use the tactics adopted on the other side, but we will not use such tactics. The CHAIRMAN. We know what we would like to do, and we have discussed it in the committee during the last few days. We know that in the large cities the applicants for naturalization pay in the form of a charge made for fraudulent efforts to assist them in naturalization more than this fee would amount to. Secretary DAVIS. You know too that these aliens have a firm friend in the Congress of the United States, and that, if the head of any department of the Government should try to do any of those things that you are afraid of because of this registration, the Congress would soon make it warm for that public officer who would try to do it. Mr. RAKER. In addition to the small amount that they would pay, they would soon find out that for the purpose of instructing them in the schools, the people generally were meeting every dollar they paid with ten times as much in the form of public-school buildings, public-school teachers, and school facilities generally. Certainly no man who wants to participate in our Government should complain about having the opportunity of becoming better aducated and becoming a better citizen. Secretary DAVIS. I look at it this way: If I am an alien and come into this country, the Government has a right to direct me. Mr. VAILE. That should be the attitude of the alien when he comes here. Secretary DAVIS. In other words, I am a guest of this Government while I am here as an alien. 66 The CHAIRMAN. There you hit the nail on the head. Before the alien puts his foot on these shores, he believes that, but when he gets over here and becomes instructed, and learns that the Constitution says people" instead of citizens," he soon discovers that he has some rights under the Constitution, and under the guidance of these agitators, he begins to demand all sorts of rights, and does not regard himself as an alien at all, but as one of "We, the people of the United States," mentioned in the preamble to the Constitution. Mr. RAKER. It is all right if he keeps out of the hands of the bolsheviks. Secretary DAVIS. We should be kind to him and teach him our ways. Mr. KLECZKA. One of the reasons why those various societies are unable to do their work as extensively as they might desire is the fact that they do not know the number of aliens or their residence, or what communities they live in, but if the alien is registered, the officer can turn over to the public authorities those lists, and invitations are issued to them to attend the public schools, evening schools, and community centers where they can get courses of instruction in citizenship. As I understand it, one of the great difficulties they have had has been in ascertaining who the aliens were and how to reach them. In other words, there is no organized plan at the present time. Secretary DAVIS. You will have such an organized plan when you register the aliens. Then you will know the whole story, and our work will be helpful to them. Is that the way you look at it? Mr. KLECZKA. Yes, s'r. Referring to the point raised by Mr. Vaile as to how you may ascertain who is an American citizen, in every State there is a requirements for the registration of voters. That list of voters is a list of American citizens or voters, and it will be very easy to check off from that list the people who are voters. At the same time it would help to relieve another deplorable condition in this country; that is, where American citizens do not exercise or perform their duty as citizens by voting. Mr. VAILE. It is not always easy to be on that list. I have been a member of Congress for some years, and because of my duties here, for a part of the time, I have not been able to get on the registration list. Mr. FREE. Will they not send it on to you? Mr. VAILE. No; I can not register by mail. But if, in the meantime. I should be picked up here for an offense against the law, it might be difficult to prove that I am a citizen of the United States. Mr. KLECZKA. In your case, the officer here would immediately communicate with the officer in your district, and they could easily ascertain whether you were from that place or not. Mr. VAILE. I think that several times since I have been in Congress I have not been registered. Secretary DAVIS. Under the Pennsylvania law, before I can be registered, or when I present myself to qualify as a voter, I must show that I have paid my poll tax. I must have a receipt showing that I have my poll tax, and I can not register unless I have that with me. Mr. RAKER. That is the law in all of the southern States. Secretary DAVIS. Are there any other questions you care to ask me? The CHAIRMAN. We will not take up any more of your time to-day, but we will ask you to come back at an early date to go further into the matter with us. We are very much obliged to you for coming, and you have given us considerable enlightenment on the subject. Mr. CABLE. Mr. Chairman, I do not know whether it would be proper or not, but I have a record here showing that one out of eight persons in the United States is foreign born, that one out of two is naturalized citizens, and that 1,000,000 have taken out their first papers. That is from a report issued by the Census Bureau. If you want that in the record, I can furnish it. This table shows the number of foreign born, the number naturalized, and those not naturalized. The CHAIRMAN. I think at the present time we will have to take that under advisement. It might be a good plan, if you have the time, to see if you can run those figures into the text. Mr. CABLE. I think we should have something in the record to show what a large proposition it is. (The following letter and papers were ordered printed in the record:) Hon. ALBERT JOHNSON, WASHINGTON, D. C., October 25, 1921. Committee on Naturalization, House of Representatives. DEAR CHAIRMAN: I direct your attention to 149 U. S., 698, wherein that court held: Congress has the right to provide a system of registration and identificaton of any class of aliens within the country, and to take all proper means to carry out that system." And again the court, in the opinion, stated: 66 Congress having the right, as it may see fit, to expel aliens of a particular class or to permit them to remain, has undoubtedly the right to provide a system of registration and identification of the members of that class within the country; and to take all proper means to carry out the system which it provides." I would suggest that our records show the number of aliens in this country under the last census and also the number naturalized and unnaturalized, and those who have taken out the first papers. According to a bulletin issued under June 17, 1921, by the Bureau of the Census there were 12,498,334 foreign-born white, 21 years of age or over, in the United States in 1920; and of this total number of foreign-born white population 6,208,362, or 49.7 per cent, were naturalized and 1,194,256, or 9.6 per cent have taken out their first papers. We should also, if possible, ascertain the number of illiterate aliens in the country for proper consideration of the pending bill. Sincerely, yours, JOHN L. CABLE. Hon. RICHARD K. CAMPBELL, UNITED STATES COURTS, Commissioner of Immigration, Washington, D. C. MY DEAR MR. CAMPBELL: Referring to my letter to you of November 22, I inclose redraft of proposed order to be entered by the district court in reference to naturalization cases. You will notice that it has been amended to incorporate your suggestions, and, I understand, is approved by Mr. Farrell. The petition is not now to be dismissed, except upon two adverse reports of the examiner, one made at the hearing and another made six months after the hearing. This will work out that when a case in which the petitioner did not qualify at the hearing has been pending six months the examiner will be inquired of whether the petitioner has since qualified. If the examiner says not, then the petition will be dismissed, unless, of course, a request in writing has been made by the petitioner as provided in the order. The order has also been amended so as to permit the investigation and report to be made either by the chief examiner o by his subordinates. I shall be obliged for any suggestions that may occur to you, and I hope you will feel very free to make them. Yours, very truly, ORDER OF COURT. J. M. MORTON, Jr. District Court of the United States, District of Massachusetts. (Dec. 30, 1915.) MORTON, J. For the purpose of enabling the court to determine whether or not the petitioner of naturalization cases adequately understands and appreciates the meaning and obligations of the oath of allegiance to the United States of America, it is— Ordered, That all petitions for naturalization be referred as, of course, by the clerk to the chief naturalization examiner in this district for investigation and report by him or his subordinate examiners as to the petitioner's knowledge of the English language and of the structure of government and the history of the United States, such report to be made orally to the court. And it is further ordered, That petitions on which the examiner shall report adversely to the petition at the hearing on said petition and at the expiration of six months from the date of the hearing shall be dismissed, unless within said period the applicant requests, in writing, a further hearing by the court, or unless the court otherwise directs. By the court: UNITED STATES COURTS, Clerk. Hon. RICHARD K. CAMPBELL, Boston, November 22, 1915. Commissioner of Immigration, Washington, D. C. MY DEAR MR. CAMPBELL: You are, I think, familiar with the practice in naturalization cases in this district, under which they are referred, as of course, to the chief examiner for investigation and report as to the petitioner's qualifications for citizenship. This practice has been worked out by your department and court, acting together, and seems to me to be proving distinctly successful. Mr. Farrell called my attention to the fact that no order of court has been entered delegating the powers which he in fact exercises, and he suggested the propriety of entering an order which would protect him against criticism and at the same time definitely fix the practice. This seems a good suggestion, and in conference with Mr. Farrell, Mr. Nelson, clerk of the court, and myself a form of order has been drawn, a copy of which is inclosed. I should be greatly obliged if you would look it over and give me the benefit of any suggestions or objections which occur to you. Very truly, yours, ORDER OF COURT. J. M. MORTON, Jr. District court of the United States, district of Massachusetts. 1915.) (November, MORTON, J. In order to enable the court to determine whether the petitioner adequately understands and appreciates the meaning of the oath of allegiance to the United States of America. Ordered, That all petitions for naturalization be referred as of course by the clerk to the chief naturalization examiner in this district for investigation and report as to the petitioner's knowledge of the English language and of the structure of government and the history of the United States, such report to be made orally to the court at the hearing on the petition. Petitions on which the examiner shall not report in the petitioner's favor at the hearing thereon, or within six months after the hearing, will be dismissed for lack of prosecution, unless within said period the applicant, in writing. requests a further hearing by the court. By the court: Clerk. The practice under this order has developed so that applicants and witnesses, for the most part, come directly to the chief examiner's office and thence to the office of the clerk of court. If at such preliminary examination it develops that the applicant is not qualified with a knowledge of English and of the history and Government of the United States he is advised to study and return in about 10 weeks, without his witnesses, and-cases frequently occur in which the applicants can readily qualify if they had known that a knowledge of the history and government of the United States would be required. In these cases applicants are advised of the facilities afforded by Americanization organizations, and particularly by the public schools. If the applicant shows that he lacks a knowledge of English, he is advised to attend the schools, and sometimes is advised to defer the filing of his petition until he has done so and has been recommended by the school authorities. Prior to the court hearing each applicant has had at least two opportunities to qualify before the examiner, and the court, on being informed at the hearing of the petition of those applicants' failure to do so, orders that the petition be dismissed unless within six months thereafter the applicant appears before the examiner and qualified. This is a decree nisi of dismissal, and in addition to the court's instruction a notice of the disposition of his petition is mailed to the applicant within a week after his appearance in court. The majority of the applicants qualify on their first appearance in the examiner's office. Those who fail on the first call are less than one-fifth and are decreasing in number. The rule covers only educational qualifications, but character and residence of the applicant had been covered before and since the rule and no difficulty would arise as to them. (Thereupon, at 11 o'clock a. m., the committee went into executive session, after which it adjourned.). COMMITTEE ON IMMIGRATION AND NATURALIZATION, HOUSE OF REPRESENTATIVES, The committee met at 1.30 o'clock p. m., Hon. Albert Johnson (chairman) presiding. STATEMENT OF HON. OGDEN L. MILLS, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF NEW YORK. The CHAIRMAN. We desire to hear Representative Mills, of New York, who has introduced the bill H. R. 5886, which is before this committee, section 1 of which reads as follows: "That section 1 of the act entitled 'An act to establish a Bureau of Immigration and Naturalization, to provide for a uniform rule for the naturalization of aliens throughout the United States,' approved June 29. 1906, as amended, is amended to read as follows: "The Bureau of Naturalization, under the direction and control of the Secretary of Labor, shall have charge of all matters concerning the naturalization of aliens. It shall be the duty of the Bureau of Immigration to provide, for use at the various immigration stations throughout the United States, books of record wherein the immigration officials in charge at such stations shall cause a registry to be made in the case of each alien arrving in the United States of the name, age, occupation, personal description (including height, complexion, and color of hair and eyes), the place of birth, the last residence, the intended place of residence in the United States, and the date of arrival of said alien, and, if entering through a port, the name of the vessel in which he comes. It shall be the duty of the Commissioner General of Immigration to cause a copy of such registry to be delivered to such alien, without charge, before he leaves the immigration station, and, on the subsequent application of such alien, a certificate of such registry with the particulars thereof shall be granted to him.'" Mr. MILLS. If I may explain the bill as we go along we will probably save time. That is true, because the suggestions embodied in this bill are comparatively simple, and I think that most of them have been included in your bill. The purpose, of course, of this first section is simply to provide for giving the certificate of arrival to the immigrant upon his arrival. The CHAIRMAN. Which was the original intention of Congress when the old act was passed. Mr. MILLS. It was done at one time, but, as I understand it, it was said that they lost them. Mr. VAILE. They could not persuade them to keep the certificates. Mr. MILLS. But the feeling now is that the alien has been taught, perhaps, the importance of preserving his personal papers, that having been impressed upon him because of the conditions in Europe, and they probably will be more careful to keep them in the future. Mr. RAKER. When he receives his first certificate of arrival, and pays no attention to it or misplaces it, and then applies for a certified copy of it subsequently, what would you say to the proposition of requiring him to pay a small fee for the certified copy? Mr. MILLS. I think that might be a very good plan, and I see no possible objection to it. Mr. RAKER. Usually when people have to pay something for a thing they think it is of more value than if they get it for nothing. Mr. MILLS. It seems to me that that is an excellent suggestion. The CHAIRMAN. The new matter in the first section of your bill begins on line 12, page 2, as follows: "It shall be the duty of the Commissioner General of Immigration to cause a copy of such registry to be delivered to such alien, without charge, before he leaves the immigration station, and, on the subsequent application of such alien, a certificate of such registry with the particulars thereof shall be granted to him." Mr. MILLS. Yes. Mr. RAKER. The only suggestion I make is whether it should be delivered to him without charge. He might receive his original certificate of arrival free of charge, but if he comes back again and again for a certified copy there should be a reasonable charge made for the work. The CHAIRMAN. We have incorporated such an idea in the last revision of our bill, which is now No. 9238. That bill was introduced yesterday and has not yet been considered by the committee as a bill. After considerable debate the committee decided not to do away with the certificate of arrival. There has been a good deal of demand to do away with it, but the committee decided not to do so. Mr. RAKER. Would not your idea be better carried out by inserting in line 16, before the word "certificate," the words "a certified copy of said certificate of registration"? I suggest that because it would carry all the particulars. You give him a copy of the first registration, and if he loses that and comes back, all that he wants is a certified copy of his registration. Mr. MILLS. Yes; that is true. Mr. RAKER. It. should read "a certified copy of such certificate of registration." Mr. MILLS. Yes. The CHAIRMAN. Mr. Crist calls my attention to the language in the bill recodifying the naturalization laws on page 19, section 12, beginning with line 9, as follows: "The alien who arrives in the United States after June 29, 1906, and prior to the time this section takes effect, or after the time this section takes effect. but upon a passport viséed prior to the time this section takes effect, shall file a certificate from the Department of Labor showing the date, place, and manner of arrival of such alien in the United States, with the clerk or prothonotary of the court, together with the declaration of intention, where required, at the time of filing the petition for citizenship." Mr. VAILE. We have in section 4 in Mr. Johnson's bill quite an elaborate provision in regard to certificates, including a requirement that when the alien is over 18 years of age prior to immigrating to the United States he shall obtain a primary certificate of registration showing the name, date, and place of birth, and place of residence of the alien, made out. by the appropriate United States consular representative, by whom a photograph of the alien shall be affixed to such certificate prior to its issuance. |