Alien Seamen -insane Aliens--statements on the Various Immigration Problems

whereby, if he violated his temporary leave, he could be apprehended and deported?

Mr. TYRER. I should think so.

Mr. RAKER. There can not be any international or treaty provisions standing in the way of properly arranging conditions so that a seaman may get his temporary leave and at the same time protecting the Government.

Mr. TYRER. Not to my knowledge; no, sir. I do not know why there should be. Mr. RAKER. I am preparing a complete statement covering this entire matter. but in the meantime I would like to ask you whether or not this is true: That a seaman coming to a port in the United States can, under the law, get temporary leave of absence irrespective of his nationality or where he comes from. Mr. TYRER. That is a matter that is under the administration of the immigration people. The matter of their shore leave and of their stay in this country is entirely under the immigration officers. We only have the discharge of the seamen on their arrival in this country.

Mr. RAKER. What do you mean by that?

Mr. TYRER. The seamen on American vessels are all discharged before our shipping commissioner.

Mr. RAKER. Make that a little plainer, if you will.

Mr. TYRER. When an American vessel enters an American port from a foreign country, except from the West Indies, Canada, or Mexico, the law requires that the members of the crew shall be discharged and paid off before a shipping commissioner, the shipping commissioner being our officer.

Mr. SIEGEL. Does the shipping commissioner receive any percentage of the amount paid out or does he get a definite and stated salary?

Mr. TYRER. He gets a stated salary. There are no fees involved in those services, those fees having been abolished in 1886.

Mr. RAKER. That simply has to do with paying off seamen and only on American vessels?

Mr. TYRER. Yes, sir.

Mr. RAKER. So they know they get their pay? That is solely for the purpose of seeing that the seamen get their pay?

Mr. TYRER. Yes; and to settle all disputes that may have arisen during the voyage.

Mr. RAKER. That is, they bring him to port, and on his discharge you see that he gets his pay without any trouble?

Mr. TYRER. Yes, sir; that is to save him from going before a court in order to secure his wages.

Mr. RAKER. But that has nothing to do with the question of the rights of the seaman to land or the conditions surrounding his landing?

Mr. TYRER. That is correct.

Mr. SIEGEL. That applies, of course, to American seamen only, does it not? Mr. TYRER. American seamen only. Foreign seamen are handled by the consuls of their nationality or of the nationality of the ship.

Mr. SABATH. And on American vessels only?

Mr. Box. American seamen on American vessels only?

Mr. TYRER. Yes, sir.

Mr. Box. But it does not apply to any seamen who come on foreign vessels?
Mr. TYRER. No.

Mr. RAKER. On page 92 of the tenth annual report of the Secretary of Labor, being for the fiscal year 1922, Secretary Davis, speaking on this subject, and in connection with correspondence between Surgeon General Cumming and various other departments, says:

The subject of the examination of seamen seeking shore leave, I think, requires immediate and thorough attention. The privilege of shore leave applies to all seamen, even including the races which are barred as immigrants and the zones from which immigrants may not come."

That is your understading?

Mr. TYRER. That is the law; yes, sir.

Mr. RAKER. So that whenever a ship lands at any port in the United States, other conditions being equal for the ship to come in, any seaman by proper examination of the department, whichever that might be, may get a temporary leave of absence?

Mr. TYRER. That is under the immigration officers.

Mr. RAKER. But that is only temporary, and in due course he must return to his calling on that vessel or some other vessel; if he fails to do that and enters into any other occupation he may be arrested and deported?

Mr. TYRER. Yes, sir.

Mr. RAKER. The Secretary of Labor further states:

"Seamen, in the very nature of things, touch some time or other all the ports of the world and thus are more likely to be carriers of disease than the immigrants. If there is no provision in the law for thorough examination of seamen who seek shore leave, the provision should be made therefor."

Now, that is what we are trying to do in this provision. In the first place, it provides for examination and you see no objection to that?

Mr. TYRER. No; that is, from the immigration standpoint.
Mr. RAKER. Well, as a citizen?

Mr. TYRER. The only objection I could see to it would be the possible delay to the ships. You see, these ships are running on a schedule.

Mr. RAKER. I know; but it seems to me the question of delay should not enter in determining what is right. This record is reeking with reasons why something should be done, reasons stated by the Surgeon General of the Public Health Service and all the departments. The statement is made that this is the one loophole through which diseases of all kinds have come and are now coming to the United States, and as between the health of the public and a mere temporary proper examination or delay of a vessel, the public's interest should be taken into consideration first, should it not?

Mr. TYRER. Certainly. I do not know what delay would be involved in the examination.

Mr. RAKER. There would not be any delay if it is properly handled.
Mr. TYRER. Some of these crews run up to 400 and 500 men.

Mr. Box. What investigation or examination is contemplated more than is now made when seamen are landed?

Mr. RAKER. According to the reports there is practically none now.
Mr. Box. Does not the law provide for one?

Mr. RAKER. Yes; but they do not make it.

Mr. SABATH. Have we not immigration inspectors in all the ports who examine these seamen?

Mr. RAKER. According to the report of Secretry Davis and according to the statement of Doctor Cumming, Surgeon General of the Public Health Service, there are only two places in the United States-New York and Ellis Islandwhere any effort or pretense is made to have a proper examination made of seamen as well as other people.

Mr. Box. Is that because they have not the force or because the law does not authorize it?

Mr. RAKER. It is for three reasons; first, for want of equipment; second, for want of force; and, third, for want of proper certificates when seamen leave a vessel.

Mr. SIEGEL. That does not affect the question of examination?

Mr. RAKER. No; we are not down to that yet. I was attempting to get Mr. Tyrer's viewpoint of the seamen law and a proper examination of seamen as to whether or not he is a seaman. That is a question of fact and the officers should determine that, should they not?

Mr. TYRER. Yes, sir.

Mr. RAKER. If he is a bogus seaman, temporarily changes his clothing and comes as a seaman, and upon examination he is found not to be a seaman, he would not get temporary shore leave, would he?

Mr. TYRER. Not if he is otherwise disqualified.

Mr. RAKER. There can be no objection to such an examination of a seaman.
Mr. TYRER. Not that I see.

Mr. RAKER. And there could be no objection under the law to giving him a proper certificate showing the fact that he has been examined, showing his picture and other conditions, so that when the time comes the public may know that he is a real seaman and that if he does not return to that vessel he should go to some other vessel within a reasonable time.

Mr. TYRER. But I think it should be qualified in this way, that every facility for such examination should be available.

All these boats run on a

Mr. RAKER. I am assuming that all the time.
Mr. TYRER. In order to avoid delaying the boats.
schedule, and it is important that they should get away.