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years ago that they had in the Department of Labor, a man namedwell, his name does not matter now, because I think he was Assistant Secretary of Labor-he came nearly being impeached by the House for some of his performances. If my recollection is correct—it is rather dangerous to rely on recollection—when Martens, the first agent the Soviet Government sent here in about 1920—at least, his case came to a head in 1920—the Senate Committee on Foreign Relations investigated Martens' activities, and it was very apparent after that investigation was completed that Martens had been engaged in most sinister secret meetings for the promotion of revolutionary activity in the United States. I may say for your information, Senator, that I was associate counsel of the Subcommittee on Foreign Relations at the time it conducted the investigation, so I am somewhat familiar with it.
Martens was deported, but he had no sooner been deported thanagain if my recollection is correct-his deportation was canceled, which would therefore have allowed him to return to the United States. We think that this will settle the question of improper use of the power of allowing an alien who is mandatorily deportable to go out himself so that he may come back again; whereas, if he had been deported in the course of the operation of the law, he could not come back.
Senator SCHWELLENBACH. What about the words "ordered deported” on the top line there?
Mr. TREVOR (reading). For the purposes of this section, any alien ordered deported that is to say, he was ordered deported by the Department in accordance with the provisions of the existing statutes--who has left the United States, shall be considered to have been deported pursuant to law, irrespective of the source from which the expenses of his transportation were defrayed or the place to which he was deported.
As I understand the interpretation of those lines, it is covered by the testimony I have just given. Its makes no difference whether the man pays his own expenses or whether the Government of the United States pays his deportation, he is to be regarded as an alien who has been deported. It is possible that that provision might be reframed in a more clear and precise manner, but I am sure that the intention of the Senator was to cover the matter fully.
Senator REYNOLDS. If a warrant of deportation is issued for a man, and we will say he is apprehended, or we will say that he is not apprehended, and of his own free will and accord he leaves the country and pays his own expenses, then as it is now there is no record of an actual deportation, and as a result he can come back, but we are trying to fix it so that if a warrant is issued, whether it is served or not, he cannot return.
Senator SCHWELLENBACH. That is the thought I had, whether it will apply to any alien who has been ordered deported and who has left the United States. I wonder if that is sufficiently clear.
Senator REYNOLDS. We might be able to strengthen that.
Senator SchWELLENBACH. We might make the language "for whom a warrant of deportation has been issued."
Mr. TREVOR. Well, I think it ought to be broad enough, Senator, so that it would cover the case of any alien who might have been tipped off that he was going to be deported under the provisions of the act of 1918, as amended by the act of 1920, to which I allude,
that is, providing for the deportation of anarchists and people of similar classes. We want to make it fireproof against the possible tip-off.
Senator SCHWELLENBACH. But if you are going to write a law, you ought to have it so that there will not be any dispute about it.
Mr. TREVOR. I agree with you 100 percent about that.
Senator REYNOLDS. As a matter of fact, I think we can really strengthen that.
Mr. TREVOR. I think it is quite possible that the clause might be rephrased and make it perfectly clear as to what your intent is. But our position about it, I imagine, is perfectly clear to you gentlemen.
Senator SCHWELLENBACH. Yes; I think it is.
Mr. TREVOR. And if the section were redrafted in accordance with the view that we hold, naturally we would be greatly gratified.
Section 7: This is a requirement which I discussed in some detail in connection with the fingerprinting of aliens who enter the United States. It is our contention that the only absolutely certain method of identification of an alien who has entered is by fingerprint; and if we fingerprint an immigrant as from a certain country, that country's diplomatic representatives can never deny that he is a subject of their country and therefore properly returnable to it. As you know, Senator, there are a lot of cases now pending in which the countries deny that these people are their citizens. Well, if everybody who came from every country was fingerprinted and identified as the man in question, there would not be any possibility of evasion. Nobody disputes fingerprint identification today.
Senator MOORE. They do not have to accept him?
Mr. TREVOR. You mean the foreign country does not? Well, the Russians, the Soviet Government today, flatly refuses, as I understand it, to accept a large number of Communists who are mandatorily deportable under existing statute. I have an idea there may be 1,800, or some quite large figure. Of course, it is perfectly obvious that the Soviet Government does not want those people deported, because they like to have them here as troublemakers.
Senator MOORE. No matter what we did, they would not accept them?
Mr. TREVOR. No. I have always contended before other committees, the House committee at various times, and in private discussions of this question, that some penal provision should be adopted by our Government against nations that refuse to accept their nationals back, even though we stopped all entry of people from their country; or if they refused, we would take steps that countries like England take. These things do not happen to other countries. They have their own process of deportation and they take steps adequately to get the people deported. They do not tolerate such things as we do, and it is suggested that we should do likewise if we want to maintain our self-respect and protect ourselves from these undesirable people that come here and who their countries will not take back.
Senator REYNOLDS. You recall, Mr. Trevor, that we had considerable discussion of that particular subject last year, when we were going over these bills ?
Mr. TREVOR. Yes; we had a long discussion of that question. If we taken the position that we are not going to be imposed upon by foreign nations and they learn that we really mean business, it makes discussion very much more simple, because they only expect to be
treated like they will treat us. I remember during the war we had a man in this country, an agent or officer of a foreign government with whom we were associated, who was carrying on some very improper proceedings, and I went to the representative of his Government and told him that the friendly thing to do in this case was to quietly have that gentleman removed and not make a diplomatic incident out of it, and the man left within 3 days. If we handled these things properly, these people would go.
Section 8 is a routine provision about rules, which all acts contain.
Section 9 is the penal clause which is comparable to the one in the act of 1924.
Section 10 is comparable to a similar provision in the act of 1914 and other bills.
That concludes my testimony, Senator, and I want to thank you for the courtesy and the patience with which you have listened to me.
Senator SCHWELLENBACH. We have appreciated your coming very much.
Senator REYNOLDS. Before you leave, no. 8—the Commissioner of Immigration and Naturalization, with the approval of the Secretary of Labor, "shall prescribe rules and regulations for the enforcement of this act." I have been under the impression that that would be applicable to section 3 in prescribing rules and regulations for our various consuls in reference to the intelligence test.
Mr. TREVOR. I do not think there is any question but that that is true; but as you requested, I will supply you more specific information about that.
Senator REYNOLDS. I would like to have at least the gist of any specific regulations or suggestions from the Department of State, likewise.
(The following letter from Mr. Trevor was later ordered incorporated in the record:)
Washington, D. C., May 1, 1937. Hon. L. B. SCHWELLENBACH,
Washington, D. C. MY DEAR SENATOR: On my return to New York my attention was brought by Dr. Armstrong, psychologist attached to the court of domestic relations in New York City, to some interesting figures demonstrating conclusively the weakness of our present system of examining immigrants for admission as to mental capacity:
This data is set forth by Dr. Benjamin Malzberg, of the New York State Department of Mental Hygiene, in an article appearing in the October number of a magazine entitled "Mental Hyginee”, page 637, from which I quote the following excerpt: "TABLE 1.—Number of white first admissions to all institutions for mental disease in
New York State from 1929 to 1931, classified by nativity and parentage, with average annual rates of first admissions per 100,000 population
Average annual rate per 100,000
Native of native parents..
The native born had an average annual rate of first admissions of 58.7 per 100,000 population. The foreign born had a rate of 115.1, which exceeded that of the natives in the ratio of 2.7 to 1. The native born may be further analyzed according to parentage. Those of native parentage had a rate of 53.7. The rates increased among natives of foreign parentage, and natives of mixed parentage, these two groups having rates of 61.5 and 70.1, respectively. Among males, the native and foreign born had rates of 65.4 and 125.5, respectively, the latter being in excess in the ratio of 1.9 to 1. Natives of native parentage had a minimum rate of 59.5. There is a similar trend among families, among whom native and foreign born had rates of 52.1 and 104.0, respectively, the latter being in excess in the ratio of 2.0 to 1. Natives of native parentage had a minimum rate of 47.8.
No possible explanation can alter this actual count of admissions of persons suffering from mental diseases on the basis of their origin. Respectfully yours,
JOHN B. TREVOR. P. S.-If it is not too late, I think it would be very informative to have this matter incorporated immediately after my testimony in relation to the section of Senator Reynolds' bill dealing with mental capacity; or, if the preparation of the record has gone too far for that, it might be possible to add this matter as an appendix to my testimony.
J. B. T. Senator REYNOLDS. Now, Mr. Chairman, I would like to call Colonel Taylor.
Mr. TAYLOR. Senator, is there someone here who wants to get away? I would just as soon wait.
Senator REYNOLDS. Mr. Chairman, this is Mr. James Barrett of Charlotte, N. C., who is a member of the Patriotic Order of Sons of America and of a number of other fraternal organizations. He is State organizer for the Patriotic Order of Sons of America of North Carolina, and he just wants to make a brief statement in reference to this bill.
STATEMENT OF JAMES BARRETT, CHARLOTTE, N. C., STATE
ORGANIZER FOR THE PATRIOTIC ORDER OF SONS OF AMERICA OF NORTH CAROLINA
Mr. BARRETT. I just want to say, Mr. Chairman, that our organization is working with Mr. Trevor in this work. We are greatly interested in it, and we feel that through the American Coalition of the State Rights Societies we can do much more working together than we could singly
Our organization has for many years worked along immigration lines; in fact for nearly 100 years it has been its major work.
Senator MOORE. I am glad it did not succeed 100 years ago, because I would not have been here.
Senator REYNOLDS. Mr. Barrett, you heard the statements of Mr. Trevor in reference to all these bills we have before us. would state to us whether or not you are in thorough accord with the position taken by Mr. Trevor and his organization.
Mr. BARRETT. Yes; we are. And there is quite an interest among the rank and file of the citizens who belong to our organization in the success of these bills now before you. At our meetings they are a general topic of study and conversation.
I wish you
Senator REYNOLDS. That is all I wish to ask.
. Senator REYNOLDS. Mr. Chairman, I would now like to have you hear Mr. James Wilmeth, national secretary of the Junior Order of United American Mechanics, with offices in Philadelphia, Pa. STATEMENT OF JAMES WILMETH, NATIONAL SECRETARY, JUNIOR
ORDER OF UNITED AMERICAN MECHANICS, PHILADELPHIA, PA.
Mr. WILMETH. Mr. Chairman and gentlemen of the committee, Senator Reynolds has advised you of my association. As a preliminary statement to what I shall have to say, I wish to advise that the Junior Order of United American Mechanics is an old patriotic fraternal society organized 84 years ago, and one of the first principles or tenets that it announced was the restriction of immigration. There was a reason for restriction even in those days, more of an economic reason perhaps than political. We have steadfastly adhered to that docrine throughout the years, and we have been instrumental in the best way possible in securing and helping to frame legislation, National and State. We were here when the Burnett law of 1917 was put on the statute books. We were here when that expired by its own limitation in 1924, and we were greatly pleased at that time to know that the then President of the United States made the first real ringing call for restrictive immigration that had ever been made by a President of the United States.
Senator REYNOLDS. Who was that President?
Mr. WILMETH. That was Calvin Coolidge. I want to read you a short statement made by him. When he was recommending the reenactment of the 1917 immigration restriction bill, he said:
Our American institutions were created by people who had the background of self-government. New arrivals should be limited to our capacity to absorb them into the ranks of good citizenship. America must be kept American. For this purpose it is necessary to continue a policy of restricted immigration. Whatever method of inspection or selection is adopted should insure the admission of those with the largest capacity and best intention of becoming citizens.
Now, Colonel Trevor has, in a most analytical way, told you in explaining these four bills just what we are aiming at in the matter of the further restriction of immigration. The intelligence test, and so forth, are intended to let in those who fit into our form of government and will become citizens worth while.
Continuing the President said:
I am convinced that our present economic and social conditions warrant the limitation of those to be admitted. We should find additional safety in a law requiring the immediate registration of all aliens.
We want to stress that. There was need for it then, in 1924, when that recommendation was made, and there is an urgent need for it now, as has been so ably presented to you by Mr. Trevor. We are thoroughly in accord with the reasons given by him for supporting this alien-registration bill.