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“Sec. 9. That it shall be unlawful for any person, including any transportation company other than railway lines entering the United States from foreign contiguous territory, or the owner, master, agent, or consignee of any vessel to bring to the United States either from a foreign country or any insular possession of the United States any alien afflicted with idiocy, insanity, imbecility, feeble-mindedness, epilepsy, constitutional psychopathic inferiority, chronic alcoholism, tuberculosis in any form, or a loathsome or dangerous contagious disease, and if it shall appear to the satisfaction of the Secretary of Labor that any alien so brought to the United States was afflicted with any of the said diseases or disabilities at the time of foreign embarkation, and that the existence of such disease or disability might have been detected by means of a competent medical examination at such time, such person or transportation company, or the master, agent, owner, or consignee of any such vessel shall pay to the collector of customs of the customs district in which the port of arrival is located the sum of $1,000, and in addition a sum equal to that paid by such alien for his transportation from the initial point of departure, indicated in his ticket, to the port of arrival, for each and every violation of the provisions of this section, such latter sum to be delivered by the collector of customs to the alien on whose account assessed. It shall also be unlawful for any such person to bring to any port of the United States any alien afflicted with any mental defect other than those above specifically named, or physical defect of a nature which may affect his ability to earn a living, as contemplated in section 3 of this Act, and if it shall appear to the satisfaction of the Secretary of Labor that any alien so brought to the United States was so afflicted at the time of foreign embarkation, and that the existence of such mental or physical defect might have been detected by means of a competent medical examination at such time, such person shall pay to the collector of customs of the customs district in which the port of arrival is located the sum of $250, and in addition a sum equal to that paid by such alien for his transportation from the initial point of departure, indicated in his ticket, to the port of arrival, for each and every violation of this provision, such latter sum to be delivered by the collector of customs to the alien for whose account assessed. It shall also be unlawful for any such person to bring to any port of the United States any alien who is excluded by the provisions of section 3 of this Act because unable to read, or who is excluded by the terms of section 3 of this Act as a native of that portion of the Continent of Asia and the islands adjacent thereto described in said section, and if it shall appear to the satisfaction of the Secretary of Labor that these disabilities might have been detected by the exercise of reasonable precaution prior to the departure of such aliens from a foreign port, such person shall pay to the collector of customs of the customs district in which the port of arrival is located the sum of $1,000, and in addition a sum equal to that paid by such alien for his transportation from the initial point of departure, indicated in his ticket, to the port of arrival, for each and every violation of this provision, such latter sum to be delivered by the collector of customs to the alien on whose account assessed.

“If a fine is imposed under this section for the bringing of an alien to the United States, and if such alien is accompanied by another alien who is excluded from admission by the last proviso of section 18 of this Act, the person liable for such fine shall pay to the collector of customs, in addition to such fine but as a part thereof, a sum equal to that paid by such accompanying alien for his transportation from his initial point of departure indicated in his ticket, to the point of arrival, such sum to be delivered by the collector of customs to the accompanying alien when deported. And no vessel shall be granted clearance papers pending the determination of the question of the liability to the payment of such fines, or while the fines remain unpaid, nor shall such fines be remitted or refunded: Provided, That clearance may be granted prior to the determination of such questions upon the deposit of a sum sufficient to cover such fines or of a bond with sufficient surety to secure the payment thereof, approved by the collector of customs: Provided further, That nothing contained in this section shall be construed to subject transportation companies to a fine for bringing to ports of the United States aliens who are by any of the provisos or exceptions to section 3 of this Act exempted from the excluding provisions of said section.''

Sec. 27. Section 10 of the Immigration Act of 1917 is amended to read as follows:

“Sec. 10. (a) That it shall be the duty of every person, including owners, masters, officers, and agents of vessels of transportation lines, or international bridges or toll roads, other than railway lines which may enter into a contract as provided in section 23, bringing an alien to, or providing a means for an alien

a

to come to, the United States, to prevent the landing of such alien in the United States at any time or place other than as designated by the immigration officers. Any such person, owner, master, officer, or agent who fails to comply with the foregoing requirements shall be guilty of a misdemeanor and on conviction thereof shall be punished by a fine in each case of not less than $200 nor more than $1,000, or by imprisonment for a term not exceeding one year, or by both such fine and imprisonment; or, if in the opinion of the Secretary of Labor, it is impracticable or inconvenient to prosecute the person, owner, master, officer, or agent of any such vessel, such person, owner, master, officer, or agent shall be liable to a penalty of $1,000, which shall be a lien upon the vessel whose owner, master, officer, or agent violates the provisions of this section, and such vessel shall be libeled therefor in the appropriate United States court.

“(b) Proof that the alien failed to present himself at the time and place designated by the immigration officers shall be prima facie evidence that such alien has landed in the United States at a time or place other than as designated by the immigration officers."

GENERAL DEFINITIONS

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Sec. 28. As used in this Act

(a) The term "United States," when used in a geographical sense, means the States, the Territories of Alaska and Hawaii, the District of Columbia, Porto Rico, and the Virgin Islands; and the term "continental United States' means the States and the District of Columbia;

(b) The term "alien” includes any individual not a native-born or naturalized citizen of the United States, but this definition shall not be held to include Indians of the United States not taxed, nor citizens of the islands under the jurisdiction of the United States;

(c) The term "ineligible to citizenship,” when used in reference to any individual, includes an individual who is debarred from becoming a citizen of the United States under section 2169 of the Revised Statutes, or under section 14 of the Act entitled “An Act to execute certain treaty stipulations relating to Chinese, approved May 6, 1882, or under section 1996, 1997, or 1998 of the Revised Statutes, as amended, or under section 2 of the Act entitled "An Act to authorize the President to increase temporarily the Military Establishment of the United States," approved May 18, 1917, as amended, or under law amendatory of, supplementary to, or in substitution for, any of such sections;

(d) The term "immigration visa" means an immigration visa issued by a consular officer under the provisions of this Act;

(e) The term."consular officer" means any consular or diplomatic officer of the United States designated, under regulations prescribed under this Act, for the purpose of issuing immigration visas under this Act. In case of the Canal Zone and the insular possessions of the United States the term "consular officer" (except as used in section 24) means an officer designated by the President, or by his authority, for the purpose of issuing immigration visas under this Act;

(f) The term "Immigration Act of 1917” means the Act of February 5, 1917, entitled “An Act to regulate the immigration of aliens to, and the residence of aliens in, the United States'';

(g) The term “immigration laws” includes such Act, this Act, and all laws, conventions, and treaties of the United States relating to the immigration, exclusion, or expulsion of aliens;

(h) The term “person" includes individuals, partnerships, corporations, and associations;

(i) The term “Commissioner General” means the Commissioner General of Immigration;

(j) The term "application for admission” has reference to the application for admission to the United States and not to the application for the issuance of the immigration visa;

(k) The term "permit” means a permit issued under section 10;

(1) The term “unmarried,” when used in reference to any individual as of any time, means an individual who at such time is not married, whether or not previously married;

(m) The terms "child," "father,” and “mother," do not include a child or parent by adoption unless the adoption took place before January 1, 1924;

(n) The terms "wife" and "husband” do not include a wife or husband by reason of a proxy or picture marriage.

AUTHORIZATION OF APPROPRIATION

Sec. 29. The appropriation of such sums as may be necessary for the enforcement of this Act is hereby authorized.

ACT OF MAY 19, 1921

Sec. 30. The Act entitled "An Act to limit the immigration of aliens into the United States," approved May 19, 1921, as amended and extended, shall, notwithstanding its expiration on June 30, 1924, remain in force thereafter for the imposition, collection, and enforcement of all penalties that may have accrued thereunder, and any alien who prior to July 1, 1924, may have entered the United States in violation of such Act or regulations made thereunder may be deported in the same manner as if such Act had not expired.

TIME OF TAKING EFFECT

Sec. 31. (a) Sections 2, 8, 13, 14, 15, and 16, and subdivision (f) of section 11, shall take effect on July 1, 1924, except that immigration visas and permits may be issued prior to that date, which shall not be valid for admission to the United States before July 1, 1924. In the case of quota immigrants of any nationality, the number of immigration visas to be issued prior to July 1, 1924, shall not be in excess of 10 per centum of the quota for such nationality, and the number of immigration visas so issued shall be deducted from the number which may be issued during the month of July, 1924. In the case of immigration visas issued before July 1, 1924, the four-month period referred to in subdivision (c) of section 2 shall begin to run on July 1, 1924, instead of at the time of the issuance of the immigration visa.

(b) The remainder of this Act shall take effect upon its enactment. (c) If any alien arrives in the United States before July 1, 1924, his right to admission shall be determined without regard to the provisions of this Act, except section 23.

SAVING CLAUSE IN EVENT OF UNCONSTITUTIONALITY

Sec. 32. If any provision of this Act, or the application thereof to any person or circumstances, is held invalid, the remainder of the Act, and the application of such provision to other persons or circumstances, shall not be affected thereby.

Approved, May 26, 1924.

APPENDIX H

PRESIDENTIAL STATEMENT AND PROCLAMATION

(a) Statement issued to the Press by President Coolidge May 26, 1924 In signing this bill, which in its main features I heartily approve, I regret the impossibility of severing from it the exclusion provision which, in the light of existing law, affects especially the Japanese.

I gladly recognize that the enactment of this provision does not imply any change in our sentiment of admiration and cordial friendship for the Japanese people, a sentiment which has had and will continue to have abundant manifestation.

The bill rather expresses the determination of the Congress to exercise its prerogative in defining by legislation the control of immigration instead of leaving it to international arrangements. It should be noted that the bill exempts from the exclusion provision government officials, those coming to this country as tourists or temporarily for business or pleasure, those in transit, seamen, those already resident here and returning from temporary absences, professors, ministers of religion, students, and those who enter solely to carry on trade in pursuance of existing treaty provisions.

But we have had for many years an understanding with Japan by which the Japanese Government has voluntarily undertaken to prevent the emigration of laborers to the United States, and in view of this historic relation and of the feeling which inspired it, it would have been much better in my judgment, and more effective in the actual control of immigration, if we had continued to invite

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the cooperation which Japan was ready to give and had thus avoided creating any ground for misapprehension by an unnecessary statutory enactment.

That course would not have derogated from the authority of the Congress to deal with the question in any exigency requiring its action. There is scarcely any ground for disagreement as to the result we want, but this method of securing it is unnecessary and deplorable at this time.

If the exclusion provision stood alone I should disapprove it without hesitation, if sought in this way at this time. But this bill is a comprehensive measure dealing with the whole subject of immigration and setting up the necessary administrative machinery. The present quota act, of 1921, will terminate on June 30 next. It is of great importance that a comprehensive measure should take its place, and that the arrangements for its administration should be provided at once in order to avoid hardship and confusion.

I must therefore consider the bill as a whole, and the imperative need of the country for legislation of this general character. For this reason the bill is approved.

(6) President Coolidge's quota proclamation of June 30, 1924, listing the several

national immigration quota allotments, under the immigration act of 1924

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA

A PROCLAMATION

Whereas it is provided in the act of Congress, approved May 26, 1924, entitled, An act to limit the immigration of aliens into the United States, and for other purposes,” that

"The annual quota of any nationality shall be 2 per centum of the number of foreign-born individuals of such nationality resident in continental United States as determined by the United States census of 1890, but the minimum quota of any nationality shall be 100.” (Sec. 11a.)

“For the purposes of this act nationality shall be determined by country of birth." (Sec. 12a.)

The Secretary of State, the Secretary of Commerce, and the Secretary of Labor, jointly, shall, as soon as feasible after the enactment of this act, prepare a statement showing the number of individuals of the various nationalities resident in continental United States as determined by the United States census of 1890, which statement shall be the population basis for the purposes of subdivision (a) of section 11." (Sec. 12b.)

"Such officials shall, jointly, report annually to the President the quota of each nationality under subdivision (a) of section 11, together with the statements, estimates, and revisions provided for in this section. The President shall proclaim and make known the quotas so reported." (Sec. 12e.)

And whereas satisfactory evidence has been presented to me that the Secretary of State, the Secretary of Commerce, and the Secretary of Labor, pursuant to the authority conferred upon them in the act of Congress approved May 26, 1924, have made the statement and the quotas therein provided,

Now, therefore, I, Calvin Coolidge, President of the United States of America, acting under and by virtue of the power in me vested by the aforesaid act of Congress, do hereby proclaim and make known that on and after July 1, 1924, and throughout the fiscal year 1924–25, the quota of each nationality provided in the said act shall be as follows: Country or area of birth:

Quota, 1924-25 *Afghanistan.

100 Albania Andorra

100 Arabian Peninsula (1, 2).

100 Armenia -

124 Australia, including Papua, Tasmania, and all islands appertaining to Australia (3, 4)

121 Austria

785 Belgium (5)

512 *Bhutan. Bulgaria Cameroon (proposed British mandate) Cameroon (French mandate)

100

100

100 100 100 34, 007

3, 845

100

Country or area of birth --Continued.

Quota, 1924-25 *China.

100 Czechoslovakia

3, 073 Danzig, Free City of

228 Denmark (5, 6)

2, 789 Egypt.

100 Esthonia.

124 Ethiopia (Abyssinia).

100 Finland.

471 France (1, 5, 6)

3, 954 Germany

51, 227 Great Britain and Northern Ireland (1, 3, 5,*6). Greece.

100 Hungary

473 Iceland

100 *India (3).

100 Irak (Mesopotamia)

100 Irish Free State (3)

28, 567 Italy, including Rhodes, Dodekanesia, and Castellorizzo (5). *Japan.

100 Latvia

142 Liberia

100 Liechtenstein

100 Lithuania

344 Luxemburg

100 Monaco.

100 Morocco (French and Spanish Zones and Tangier)

100 *Muscat (Oman)Nauru (proposed British mandate) (4)

100 *Nepal.

100 Netherlands (1, 5, 6)

1, 648 New Zealand (including appertaining islands) (3, 4)

100 Norway (5) --

6, 453 *New Guinea and other Pacific islands under proposed Australian mandate (4)

100 Palestine (with Trans-Jordan) (proposed British mandate).

100 Persia (1)

100 Poland

5, 982 Portugal (1,5)

503 Ruanda and Úrundi (Belgium mandate)

100 Rumania..

603 Russia, European and Asiatic (1)

2, 248 Samoa, Western (4) (proposed mandate of New Zealand).

100 San Marino.

100 *Siam...

100 South Africa, Union of (3).

100 South West Africa (proposed mandate of Union of South Africa). 100 Spain (5)

131 Sweden

9, 561 Switzerland. Syria and the Lebanon (French mandate)

100 Tanganyika (proposed British mandate).

100 Togoland (proposed British mandate).

100 Togoland French mandate)

100 Turkey..

100 *Yap and other Pacific islands (under Japanese mandate) (4).

100 Yugoslavia...

671 For each of the countries indicated by an asterisk (*) is established a nominal quota according to the minimum fixed by law. These nominal quotas, as in the case of all quotas hereby established, are available only for persons born within the respective countries who are eligible to citizenship in the United States and admissible under the immigration laws of the United States.

1. (a) Persons born in the portions of Persia, Russia, or the Arabian Peninsula within the barred zone, and who are admissible under the immigration laws of the l'nited States as quota immigrants, will be charged to the quotas of these countries; and (b) persons born in the colonies, dependencies, or protectorates, or portions thereof, within the barred zone, of France, Great Britain, the Nether

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