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APRIL 21 (calendar day, APRIL 28), 1930.-Ordered to be printed

Mr. GOULD, from the Committee on Immigration, submitted the

following

REPORT

(To accompany S. 2836]

The Committee on Immigration, to which was referred the bill (S. 2836) to admit to the United States Chinese wives of certain American citizens, reports it back to the Senate without amendment and recommends that the bill do pass.

This bill proposes to amend section 13 (c) of the immigration act of 1924, approved May 26, 1924, as amended.

Under existing law an alien ineligible to citizenship can not be admitted to the United States for permanent residence although she may be the wife of an American citizen. This bill would modify the law in this respect so as to provide that "the Chinese wife" of an American citizen would be eligible to admission as a nonquota immigrant provided marriage occurred prior to the passage of the immigration act of 1924. It does not, however, extend the same privilege to women of the Orient other than Chinese who, although wives of United States citizens, are likewise barred from permanent admission to the United States under existing law.

All such wives may be admitted temporarily as visitors under section 3 (2) of the 1924 act, but as a rule this is not practicable for the reason that permanent residence is usually desired. Consequently there are a limited number of cases in which men of oriental origin who are citizens of the United States by birth in this country, and a still more limited number of American citizens of the white race, are unable to bring in their wives who are of oriental peoples and therefore ineligible to citizenship.

On the other hand an alien who is not eligible to citizenship because a member of some oriental people may be admitted for permanent residence if it so happens that he is a minister of a religious denomination or a professor of a college, academy, seminary, or university. and his wife and children under 18 years of age may accompany or follow to join him and be lawfully admitted for permanent residence It is also true that a person of the Chinese or Japanese races, and therefore ineligible to citizenship, may enter the United States as a so-called international trader under section 3 (6) of the immigration act of 1924 and remain here so long as he maintains such status. Under court ruling an international trader's wife and minor children are entitled to the same status as the husband and father.

Accordingly, it follows that professors, ministers, and merchants, who are not and can not become citizens, are able to bring in their wives and children, which privileges is denied to United States citizens no matter what their status as to occupations or otherwise may be.

The department has frequently pointed out the unfortunate discrimination as between American citizens and aliens which exists under the present law and which the bill S. 2836 would remedy only to the limited extent above described.

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AUTHORIZING ISSUANCE OF CERTIFICATES OF ARRIVAL

TO PERSONS BORN IN THE UNITED STATES

APRIL 21 (calendar day, APRIL 28), 1930.-Ordered to be printed

Mr. Gould, from the Committee on Immigration, submitted the

following

REPORT

[To accompany 8. 226)

The Committee on Immigration, to whom was referred the bill (S. 226) authorizing the issuing of certificates of arrival to persons born in the United States who are now aliens, reports it back to the Senate without amendment and recommends that the bill do pass.

The Secretary of Labor has expressed himself in a letter on file with the committee, and as it explains the changes that this bill will make in the law it is printed herewith as part of the report:

May 1, 1929. Hon. Hiram W. JOHNSON,

United States Senate, Washington, D. C. MY DEAR SENATOR JOHNSON: I desire to refer to your letter of recent date in which you asked me to comment upon the bill known as S. 226, which is an amendment of the act of March 2, 1929, said act being entitled “An act to supplement the naturalization laws, and for other purposes." Under this act the Commissioner General of Immigration is empowered, under regulations promulgated by the Secretary of Labor, to legalize the entry of aliens who entered the United States prior to June 3, 1921, provided it is shown to the satisfaction of the commissioner general that the aliens have resided continuously in the United States since such entry, are of good moral character, are not subject to deportation, are not ineligible to citizenship, and have no record of admission for permanent residence.

Senator Hayden's bill supplements that act by adding the provision for a legalization of residence for the additional class of persons who were born in the United States and who subsequently expatriated themselves and who entered the United States prior to July 1, 1924. In other words, this bill extends the period for this class of aliens to July 1, 1924, as the date prior to which they may have entered the United States unlawfully, thus giving this particular class an advantage over other classes who are required to show that they entered prior to June 3, 1921.

I am favorably impressed with the bill for the reason that I believe it is proper to extend greater privileges to persons who were born in the United States than are extended to foreign-born persons. Very truly yours,

Secretary.

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SR-71-2-VOL 215

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71st CONGRESS

2d Session

SENATE

{

REPORT No. 558

HANDLING OF SHORT-PAID METERED PERMIT MATTER

OF FIRST CLASS

APRIL 21 (calendar day, April 28, 1930).—Ordered to be printed

Mr. McKELLAR, from the Committee on Post Offices and Post

Roads, submitted the following

REPORT

[To accompany S. 3272] The Committee on Post Offices and Post Roads, having considered the bill (S. 3272) to authorize the dispatch from the mailing post office of metered permit matter of the first class prepaid at least 2 cents, but not fully prepaid, and to authorize the acceptance of thirdclass matter without stamps affixed in such quantities as may be prescribed, report favorably thereon, without amendment, and recommend that the bill do pass.

This measure provides for the treatment in the mails of short-paid metered permit matter of the first class on which at least 2 cents postage is paid in the same manner as is now provided for short-paid first-class matter mailed with postage stamps affixed. The bill also provides that typewriting shall continue to be classed as handwriting and that metered permit matter of the third class, except as therein stated, may be mailed in such quantities as the Postmaster General may prescribe.

The reasons for the proposed legislation are contained in the Annual Report of the Postmaster General for the fiscal year ended June 30, 1929, as follows:

The existing law requires that the postage on first-class matter mailed under permit without postage stamps affixed shall be fully prepaid. It is believed that such first-class matter on which the postage is paid in connection with a metered device set by the postmaster for a given number of impressions paid for at the time of setting and which automatically locks upon the exhaustion of such impressions, commonly referred to as metered permit matter, should, if through inadvertence it is not fully prepaid but is prepaid at least 2 cents, be rated with the deficient postage and dispatched, as is done in the case of short-paid firstclass matter mailed with stamps affixed. Provision for the acceptance of metered third-class matter in such quantities as may be prescribed by the Postmaster General is also desirable.

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SENATE

71st CONGRESS

ad Session

{

REPORT No. 559

WITHHOLDING OF PAY TO POSTAL EMPLOYEES FOR

BREACH OF CONTRACT

APRIL 21 (calendar day, APRIL 28), 1930.-Ordered to be printed

Mr. STECK, from the Committee on Post Offices and Post Roads,

submitted the following

REPORT

[To accompany S. 3277)

The Committee on Post Offices and Post Roads, to whom was referred the bill (S. 3277) to provide against the withholding of pay when employees are removed for breach of contract to render faithful service, having considered the same, report favorably thereon, with amendments, and recommend that as amended the bill do pass.

Proposed amendments are as follows:

On page 1, line 9, strike out the word “any” and substitute the word "such”. This clarifies the meaning.

On page 1, line 10, strike out the word "may" and insert the word "shall”. This would provide that, before final payment of salary to & discharged employee, his indebtedness to the United States, if any, must be paid.

The passage of this bill will eliminate the practice of depriving a Federal employee removed for cause, wherein breach of contract or oath of office is shown, of earned compensation on the theory that he is not entitled to same. At the present time, under rulings of the Comptroller General, such earned and unpaid salary is forfeited to the United States; likewise any annual leave of absence accrued to such employee is forfeited. It is believed that this is unjust. This bill has also been approved by the Postmaster General, who makes the following statement in his annual report for the fiscal year ended June 30, 1929:

Under date of March 3, 1927, the Comptroller General of the United States ruled in a specific case that a former Federal employee involved had forfeited her right to salary earned by her since her last regular pay day prior to her removal, because she had violated the contract contained in her oath of office to render faithful service. This opinion was predicated on the ancient, established English rule pertaining to master and servant, and the legal citations given in the opinion are on cases determined in State courts, no citation being given of the determination of this question by a Federal court.

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