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present arguments adverse to this legislation and says that his engagements prevent him from being present until after January 1. He asks that we fix a time when he may present their statements, etc.
The clerk wired him, asked him what date would suit him, and we received a reply to the effect that he could not well be heard before January 10 or 11. Thereupon the clerk notified him that his letter would be presented to the members of the committee and that one of those dates might be reserved for him.
Mr. RAKER. I suggest that Mr. Marshall be notified to appear, and that the committee will hear him on the 2d of January, commencing at 10 o'clock a. m.
Mr. CABLE. As they hope to report the bill out on the day he mentions.
The CHAIRMAN. Without objection, that may be done. A letter dated December 22 has been received from Representative Emanuel Celler, the Tenth New York district, in which he says that a number of his constituents and a number of his associates in New York desire to voice their sentiments on important changes proposed. He says:
But if you shut off debate on this matter on December 31 you will practically deny them an opportunity to be heard, because during the Christmas recess their business and occupations and the desire for holiday precludes their journey to Washington.
I further ask that your committee rescind its previous action, which I deem rather improvident, and permit hearings to continue for those who ought to be heard after January 1.
Mr. RAKER. I move that that letter go in and he be notified that the committee will hear him, commencing at 1 o'clock p. m. Janu
Mr. CABLE. How much time are you going to give Mr. Marshall ? Mr. RAKER. That gives him two hours. (The letter of Representative Celler follows:)
WASHINGTON, D. C., December 22, 1923. Congressman ALBERT JOHNSON,
Chairman of Committee on Immigration and Naturalization. MY DEAR CONGRESSMAN Johnson: I understand that your committee is to hold hearings on the proposed immigration bill during the period commencing December 26 and ending December 31. I think this is a very inopportune time to hold hearings. Furthermore, people interested will find notice of hearing entirely too short.
A number of my constituents and a number of associates in New York desire to voice their sentiments on the important changes proposed, but if you shut off debate on the matter on December 31 you will practically deny them an opportunity to be heard, because during the Christmas recess their business and occupations and the desire for holiday precludes their journeying to Washington.
I further ask that your committee rescind its previous action, which I deem rather improvident, and permit hearings to continue for those who ought to be heard after January 1. Yours very truly,
EMANUEL CELLER, M. C.,
Tenth Congressional District, Brooklyn, N. Y. Mr. RAKER. I would like the committee to use its judgment on that letter. They say we are delaying matters, and every time we have a hearing they want to continue it for weeks and months after the hearing is set and then come in and make complaints that they can not be heard, because they want some frivolity at some particular
time. They ask that the business of Congress and the committee should be delayed for their special personal gratification and pleasure.
The CHAIRMAN. I think we might notify them and make inquiry to see if they can present their witnesses on the 2d. Perhaps we will have to run until the 4th.
I have another letter here from Prof. Irving Fisher, dated New Haven, Conn., December 20, in which he proposes the names of 12 witnesses, all prominent men; Dr. Robert DeC. Ward, of Boston; Lucien Howe, of Buffalo; Mr. Hrdlicka, of the Smithsonian Institution; Henry Fairfield Osborn, of the American Museum of Natural History;
He asks that these witnesses be heard. I have written him a letter on my own responsibility stating that the probabilities were that we could not hear more than one or two of his list. The reply has come that if we can hear but one of that group they want to present Doctor Ward, of Harvard.
Mr. CABLE. Mr. Chairman, if I may make a suggestion, I think instead of having so many people who are strong on theory we ought to have a few that have had practical experience.
The CHAIRMAN. That will be necessary as we get along. It has been suggested that Mr. Gino Speranza, the author of a series of articles in the World's Work, be heard briefly and as a result of a request made the other day while Burton J. Hendrick was here before the committee, a request has been sent for him to be present, if possible, Friday or Saturday, December 28 or 29.
Mr. CABLE. Mr. Chairman, what would be the chance of having Commissioner Clark down here? Commissioner Clark, of Montreal. He has been there for years. Commissioner Curran, of Ellis Island, has been in since July i.
Mr. RAKER. I would second the motion that the chairman request those gentlemen to appear before the committee.
Mr. CABLE. I wonder if they get their expenses paid if they come here?
The CHAIRMAN. No; unless an order is given by the Department of Labor.
Mr. WATKINS. We could subpæna them, Mr. Chairman, could we not?
The CHAIRMAN. No; we have not followed that procedure. The clerk of the committee will notify the commissioner at Montreal and the commissioner at Ellis Island, to ask if they can appear at an early date.
Mr. RAKER. Mr. Chairman, I ask at this time that the report of the chairman of the committee on S. 4092, with the bill as reported, be printed in these hearings as part of them, so that we may keep a record of what the committee did at the last session.
(The report is as follows:)
67TH CONGRESS, I HOUSE OF REPRESENTATIVES.
ADMISSION OF CERTAIN REFUGEES FROM NEAR EASTERN COUNTRIES AND RESTRICTION OF IMMIGRATION INTO THE UNITED STATES, INCLUDING REVISION OF QUOTA ACT.
FEBRUARY 15, 1923.-Committed to the Committee of the Whole House on the state
of the Union and ordered to be printed.
Mr. JOHNSON of Washington, from the Committee on Immigration and
Naturalization, submitted the following
[To accompany S. 4092.)
The Committee on Immigration and Naturalization of the House of Representatives, to which was referred S. 4092, an act providing for the admission into the United States of certain refugees from near eastern countries, herewith reports the same to the House of Representatives with an amendment, and begs to recommend that the act be passed as amended, and that the title be changed in accordance with the amendment.
The amendment is to strike out all after the enacting clause and insert the following:
That this act may be cited as the "immigration act of 1923."
Sec. 2. (a) A consular officer upon the application of any immigrant (as defined in section 3) shall issue to him an immigration certificate which shall specify (1) bis nationality; (2) whether he is a quota immigrant (as defined in section 5) or a nonquota immigrant (as defined in section 4); (3) his name, age, sex, and race; the date and place of his birth; and his last residence in the country from which he comes; (4) his ability to speak, read, or write; (5) his occupation; and (6) such other information as the Secretary shall by regulations prescribe as necessary to the proper enforcement of the immigration laws and the naturalization laws.
(b) The immigrant shall furnish two copies of his photograph to the consular officer, one of which shall be permanently attached by the consular officer to the immigration certificate, and the other of which shall be attached to the certificate in such manner that it can be removed by the immigration officer at the port of inspection and attached to the certificate of arrival.
(c) The validity of an immigration certificate shall expire at the end of such period, specified in the certificate, not exceeding six months, as shall be by regulations prescribed.
(d) So long as an immigrant is required by any law, or regulations or orders made pursuant to law, to secure the viséing of his passport by a consular officer before being
permitted to enter the United States, no immigration certificate shall be issued under this act in the case of such immigrant unless his passport is so viséed, or unless he is included in the passport of another which is so viséed.
(e) The manifest or list of passengers required by the immigration laws shall contain a place for entering thereon the date, place of issuance, and number of the immi. gration certificate of each immigrant. The immigrant shall surrender his immigration certificate to the immigration officer at the port of inspection, who shall at the time of inspection indorse on the certificate the date, the port of entry, and the name of the vessel, if any, on which the immigrant arrived. The immigration certificate shall be transmitted forth with by the immigration officer in charge at the port of inspection to the Department of Labor under regulations prescribed by the Secretary.
(f) No fee shall be charged or collected for the issuance of an immigration certificate.
DEFINITION OF “IMMIGRANT."
Sec. 3. When used in this act the term "immigrant” includes all aliens departing from any place outside the United States destined for the United States, except (1) a government official, his family, attendants, servants, and employees, (2) an alien visiting the United States as a tourist or temporarily for business or pleasure, (3) an alien in continuous transit through the United States, (4) an alien lawfully admitted to the United States who later goes in transit from one part of the United States to another through foreign contiguous territory, and (5) a bona fide alien seaman serving as such on a vessel arriving at a port of the United States and seeking to enter the United States in the pursuit of his calling.
Sec. 4. When used in this act the term “non-quota immigrant” means
(a) An immigrant who is the husband, wiie, father, mother, unmarried minor child, unmarried minor brother or sister, or unmarried minor orphan niece or nephew of a citizen of the United States who resides therein at the time of the filing of a petition under section 8;
(b) An immigrant who is the husband, wife, or unmarried minor child of an alien who (1) has been permanently admitted to the United States, (2) has resided in the United States continuously for at least two years immediately prior to the time of the filing of the petition under section 8, and (3) has, at least one year prior to the time of the filing of the petition under section 8, declared his intention, in the manner provided by law, to become a citizen of the United States;
(c) An immigrant previously lawfully admitted to the United States, who is returning from a temporary visit abroad;
(d) An immigrant who has resided continuously for at least five years immediately preceding the time of his application for admission to the United States in the Dominion of Canada, Newfoundland, the Republic of Mexico, the Republic of Cuba, countries of Central or South America, or adjacent islands, and his wife and unmarried minor children if accompanying him;
(e) An immigrant who continuously for at least two years immediately preceding the time of his application for admission to the United States has been, and who seeks to enter the United States solely for the purpose of, carrying on the vocation of minister of any religious denomination, professor of a college or seminary, or member of any recognized learned profession.
(1) An immigrant who is a skilled laborer, if labor of like kind unemployed can not be found in this country, and the question of the necessity of importing such skilled labor in any particular instance shall be determined by the Secretary upon the written application of any person interested; such application to be made before the issuance of the immigration certificate, and such determination by the Secretary to be reached after a full hearing and an investigation into the facts of the case.
(8) The wife or unmarried minor child of an immigrant admissible under subdivision (e) or (f), if accompanying or following to join him.
(b) An immigrant who is a bona fide student over sixteen years of age and who seeks to enter the United States solely for the purpose of study at an accredited educational institution particularly designated by him and approved by the Secretary; or
(i) An immigrant who served in the military or naval forces of the United States at any time between April 6, 1917, and November 11, 1918, inclusive, and was not discharged therefrom under dishonorable conditions.
* SEC. 5. When used 'in' this act the term “quota immigrant” means any inimi. grant who is not a nonquota immigrant.
APPLICATION FOR IMMIGRATION CERTIFICATE.
Sec. 6 (a) Every immigrant applying for an immigration certificate shall make application therefor in such form as shall be by regulations prescribed.
(b) In the application the immigrant shall state (1) the immigrant's full and true name, and, if different, the name by which he expects to be known in the United States; age, sex, and race; the date and place of birth; last residence in the country from which he comes; whether married or single, and the names and places of residence of wife or hushand and minor children, if any; calling or occupation; personal description (including height. complexion, color of hair and eves, and marks of identification); ability to speak, read, or write; the name and address of his nearest relative in the country from which he comes; port for landing in the United States; final destination, if any, beyond the port of landing; whether he has a ticket through to such final destination; whether going to join a relative or friend, and, if so, what relative or friend and his name and complete address; the purpose for which he is going to the United States; the length of time he intends to remain in the United States; whether or not he intends to abide in the United States permanently and become a citizen thereof; whether ever in prison, almshouse, or institution or hospital for the care and treatment of the insane; and whether ever supported by public charity; (2) if he claims to be a non-quota immigrant, the facts on which he hases such claim; and (3) such other information as the Secretary shall by regulations prescribe as necessary to the proper enforcement of the immigration laws and the naturalization laws.
(c) In the application the immigrant shall also state (to such extent as shall be by regulations prescribed) as to each class of individuals excluded from admission to the United States under the immigration laws, that he is not a member of such class; and such classes shall be stated on the blank in such form as shall be by regulations prescribed.
(d) If the immigrant is unable to state that he does not come within any of the excluded classes, but claims to be for any reason exempt from exclusion, he shall state fully in the application the grounds for such alleged exemption.
(e) The application shall be verified by the oath of the immigrant before the consular officer, and shall be permanently attached to the immigration certificate at the time of issuance and become a part thereof.
(1) In the case of an immigrant under sixteen years of age the application may be made and verified by such individual as shall be by regulations prescribed.
(g) No fee shall be charged or collected for the furnishing or verification of an application.
NON-QUOTA IMMIGRATION CERTIFICATES.
Sec. 7. A consular officer may issue an immigration certificate to a non-quota immigrant upon satisfactory proof, under regulations prescribed under this act, that the applicant is entitled to be regarded as a non-quota immigrant.
ISSUANCE OP CERTIFICATES TO RELATIVES.
Sec. 8. (a) In case of any immigrant claiming in his application for an immigration certificate to be a non-quota immigrant by reason of relationship under the provisions of subdivision (a) or (b) of section 4, the consular officer shall not issue such certificate until he has been authorized to do so by the Commissioner General as hereinafter in this section provided.
(b) Any resident of the United States claiming that any immigrant is his relative, and that such immigrant is properly admissible to the United States as a non-quota immigrant under the provisions of subdivision (a) or (b) of section 4, may file with the Commissioner General a petition in such form as may be by regulations prescribed, stating (1) the petitioner's name and address; (2) if a citizen by birth, the date and place of his birth; (3) if a naturalized citizen, the date and place of his admission to citizenship and the number of his certificate, if any; (4) if not a citizen of the United States, the length of time he has resided therein, the date when and the place where he was permanently admitted to the United States, and the date and place of his declaration of intention and the number of the declaration; (5) the name and address of his employer or the address of his place of business or occupation if he is not ad