1942 Maly was employed in Czechoslovakia, subject to German supervision, in various construction and engineering positions. In 1942, while being carried on the payroll of a Czechoslovakian factory as an engineer, Maly commenced active work with the underground and continued such work until 1945. From 1945 until 1948 he was engaged in starting his own export-import business, and was also engaged in the manufacture of small auto parts. In 1948 Czechoslovakia was under the domination of the Communist government, and on February 19 of that year Maly received word from an acquaintance of his who was in a minor governmental position that he had best leave the country immediately due to Communist plans for him. (This acquaintance was a man whose life Maly had saved sometime prior thereto during his work with the Underground.) Acting on this advice, Maly left Czechoslovakia within a matter of hours, flying his personal airplane first to Munich, then to Paris, then to Switzerland. Of a substantial family fortune, he was able to take with him on short notice only about $1,500 and his airplane. He remained in Switzerland until he was able to secure a visa for himself and his wife, Jarmila Maly, whom he married after leaving Czechoslovakia. Jarmila Maly, the wife of George Maly, was born March 16, 1924, at Novy Bydzov, Czechoslovakia. She attended school in Prague from 1941 until January 1944, when she was sent to a forced labor camp in Germany. She remained there 9 months, during which time she became seriously ill, and then returned to her mother's home. She there remained until the end of the war. She worked in Prague after the war, and escaped from Czechoslovakia on August 10, 1948, by walking through the woods and mountains to the United States zone in Germany. Her fiance, Pravomil Maly, had arranged for her escape from Czechoslovakia in this manner. She was married to Maly on October 16, 1948, in Switzerland. Maly and his wife came to the United States on a visitor's visa and arrived here on April 29, 1949. They came to the United States originally on a visitor's visa because of their understanding and belief that it was much easier to secure entrance into other countries from the United States, where the consulates were not so deluged with applications. Their visa called for a 6-month stay in the United States. The month after they arrived here, Mrs. Maly became pregnant and, due to her experiences in the German labor camp, she was physically debilitated and had a very difficult time with her pregnancy. After a period, Maly's limited funds began to run out and he was forced to take some type of employment to support himself and his wife, and to afford her necessary medical attention. Toward the end of the original 6-month visitation period, Maly went to the immigration office in Dallas for the purpose of securing an extension of stay due to his wife's condition. She was then in her last months of pregnancy. On November 9, 1949, he was called for an interview with the immigration office to discuss his application, and at that time talked for some length with the investigator for that office concerning the fact that he had been employed. On being informed by the investigator that if his application showed gainful employment he would be deported, Maly then and there.executed an application in which he stated that he had not been gainfully employed. Maly was under the impression, after his discussion with the representative of the immigration office, that the making of such a statement was but a technical formality and that in truth and fact the investigator was telling him how to complete his application so that he might remain in the country. The making of this statement in which he denied gainful employment during his visitation period has been consistently used since that time as the only reason for denying permanent residence in this country to him and his wife. In none of the other extensive immigration hearings has any evidence ever been adduced of bad moral character or objectionable political beliefs. Although otherwise completely eligible for consideration as displaced persons under the Displaced Persons Act, Maly and his wife were refused admission under that act because of the statement which he made concerning his application. The records of the immigration office contain definite proof, and that office has found that Maly and his wife may not return to Switzerland whence they came to the United States. It goes without saying that their deportation to Czechoslovakia at this time could and would result only in imprisonment or death. Attached hereto are notarized statements from numerous responsible citizens of Dallas who have, during the past months, come to know and appreciate the Malys for what they are. In this connection attention is respectfully invited to the attached correspondence from the following persons: Mr. S. T. Chandler, vice president of Sanger Bros., Inc. Mr. T. E. Braniff, president, Braniff Airways, Inc. Dr. Frank C. Kelton, research director, Core Laboratories, Inc. Mr. Dan Lane, president, Lane Container Corp. Dr. Arthur V. Boand, associate minister, Highland Park Presbyterian Churc Mr. E. L. McCombs, Sanger Bros., Inc. In addition to the foregoing the files of the Immigration Service contain scor of other testimonials to the good name and character of Pravomil Maly and b wife, Jarmila. On the basis of the foregoing, it is felt that Pravomil Maly and his wife, Jarmi Maly, are educated, respectable immigrants who deserve full consideratio Maly is possessed of a large degree of technical education and skill which is alread being used by American industry. They have a native-born American daughte who should not be denied the advantages of her citizenship. Favorable consideration for these two worthy people is earnestly solicited. WALLER M. COLLIE, Jr., Attorney at Law. Before me, the undersigned authority, personally appeared Pravomil Maly an wife, Jarmila Maly, who after being by me duly sworn, deposed and said the they have read the foregoing statements and that the factual allegations containe therein are true and correct. PRAVOMIL MALY. Subscribed and sworn to before me on this the 25th day of April 1952. [SEAL] AMY LEWIS, Notary Public. The committee, after consideration of all the facts in the case, of the opinion that the bill (H. R. 3145) should be enacted. O MAY 24 (legislative day, MAY 13), 1954.—Ordered to be printed Mr. LANGER, from the Committee on the Judiciary, submitted the following REPORT [To accompany H. R. 5933] The Committee on the Judiciary, to which was referred the bill (H. R. 5933) for the relief of Herschel D. Reagan, having considered the same, reports favorably thereon without amendment and recommends that the bill do pass. PURPOSE The purpose of the proposed legislation is to pay the sum of $500 to Herschel D. Reagan, of Cairo, Ga., as reimbursement for a bond which he posted for Efthalie Ray (nee Kyriakides) in 1948. STATEMENT Efthalie Kyriakides was admitted to the United States on October 5, 1948, as a visitor until January 5, 1949, upon her representation that she was coming to the United States to marry the claimant, Herschel D. Reagan, a citizen of the United States who had served honorably in the Armed Forces during World War II. Her admission was authorized under the provisions of the act of June 29, 1946 (50 U. S. C. 1851-55), relating to the admission of alien fiances of members of the Armed Forces. Under the terms of that act the prospective spouse, in this case Mr. Reagan, was required to furnish a bond to insure that the alien would either conclude a valid marriage with the claimant during the period of her authorized stay or permanently depart from the United States within such period. Herschel D. Reagan decided not to marry the immigrant. However, she did not depart from the United States within the period of her authorized stay and subsequently, on March 10, 1949, married William Daniel Ray, a citizen of the United States, who was the serving in the United States Army. On June 24, 1949, deportation proceedings were instituted again: Mrs. Ray on the ground that she had remained in the United State for a longer period of time than authorized. Her application fo suspension of deportation, however, was favorably acted upon an approved by a joint resolution during the 82d Congress. This legis lation granted Mrs. Ray permanent residence as of the date of he entry. Thereafter, an order was entered declaring the bond furnished b Mr. Reagan breached because the alien did not marry Mr. Reagan o depart within the time specified. In 1953 the United States District Court for the Southern Distric of New York, in the case of United States v. Manufacturers Casualt Insurance Company (113 F. Supp. 402) rendered a decision favorabl to a bondsman on a claim to recover the full amount of a bond unde similar circumstances. In that case, as in this, the immigrant ha failed to depart within the time specified and subsequent to th expiration of the period of his lawful stay, the Congress adopted resolution retroactively granting the immigrant status as a permanen resident from the date of his entry. The court in that case decided that the Congress and the Attorney General had released the bonds man by retroactively admitting the immigrant as a permanent residen as of the date prior to the breach of the bond. The court ther concluded that the United States thus voluntarily prevented the possibility that it might suffer damages from such breach and could not thereafter collect damages for that breach. Apparently the similarity between this case and that involved in United States v. Manufacturers Casualty Insurance Company impressed the Department of Justice, for that Department, after citing that case, observed that "the Department of Justice perceives no objection to the enactment of the bill." In view of the decision of the District Court for the Southern District of New York and the fact that the United States did not suffer any financial damages as a result of the failure of the alien to depart within the time specified, the committee is of the opinion that this legislation should be favorably considered and so recommends. Attached to this report is the report of the Department of Justice referred to earlier as well as several items of correspondence relating to this claim. Hon. CHAUNCEY W. REED, DEPARTMENT OF JUSTICE, OFFICE OF THE DEPUTY ATTORNEY GENERAL, Chairman, Committee on the Judiciary, House of Representatives, Washington, D. C. DEAR MR. CHAIRMAN. This is in response to your request for the views of the Department of Justice concerning the bill (H. R. 5933) for the relief of Herschel D. Reagan. The bill would provide for the payment of the sum of $500 to Herschel D. Reagan, of Cairo, Ga., in full settlement of all claims against the United States as reimbursement for bond posted for Efthalie Ray (nee Kyriakides) in 1948. From the information contained in the files of the Immigration and Naturalization Service of the Department of Justice, it appears that Efthalie Kryiakides (or Kyriacou) was admitted to the United States on October 5, 1948, as a visitor until January 5, 1949, upon her representation that she was coming to the United States to marry Herschel D. Reagan, a citizen of the United States, who had served honorably in our Armed Forces during World War II. Her admission was authorized under the provisions of the act of June 29, 1946 (50 U. S. C. 18511855), relating to the admission of alien fiancees or fiances of members of the Armed Forces. Section 2 of the act provided that the alien would be required to depart from the United States in the event the contemplated marriage did not take place within the period for which the alien was admitted. Section 4 required the prospective spouse to furnish a bond. A bond in the amount of $500 was furnished by Herschel D. Reagan as principal and the Great American Indemnity Co. as surety. The conditions of the bond were that the alien would conclude a valid marriage with Herschel D. Reagan during the period of her authorized stay or permanently depart from the United States within such period without expense to the Government. Herschel D. Reagan decided not to marry Miss Kyriakides. She did not depart from the United States within the period of her authorized stay. She remained in the United States unlawfully and subsequently, on March 10, 1949, she married William Daniel Ray, a citizen of the United States, who was then serving in the United States Army. On June 24, 1949, deportation proceedings were instituted against Mrs. Ray on the ground that she had remained in the United States for a longer period of time than authorized. Her application for suspension of deportation was favorably acted upon and approved by a joint resolution of the 82d Congress. A record has been created showing that she was lawfully admitted to the United States for permanent residence as of October 5, 1948. An order was entered declaring the bond breached because the alien did not marry Mr. Reagan and did not depart from the United States within the period of time specified in the bond. No appeal was taken from this decision. In view of the decision in United States v. Manufacturers Casualty Insurance Company (113 F. Supp. 402), the Department of Justice perceives no objection to the enactment of the bill. The Bureau of the Budget has advised this Office that there would be no obiection to the submission of this report. Sincerely, WILLIAM P. ROGERS, UNITED STATES DEPARTMENT OF JUSTICE, Re Great American Indemnity Co. bond 417679, claim B-25871, Herschel D. Mr. A. J. WHITEHURST, Attorney and Counselor at Law, Thomasville, Ga. DEAR SIR: With reference to your letter of June 29, 1953, you are informed that Efthalia Kyriakidou Ray was found to be deportable under the act of May 26, 1924, in that, after her admission as a visitor she remained in the United States for a longer time than permitted under said act or regulations made thereunder. Pursuant to deportation proceedings had in the matter, her deportation was suspended in accordance with provisions of section 19 (c) of the Immigration Act of 1917, as amended, the warrant of arrest canceled and a record of her permanent residence created by this Service. You are further informed that the expense to you for filing an appeal in this class of case is a $10 fee which may be rendered in the form of a postal, express, or bank money order made payable to the Treasurer of the United States in the amount stated. In the event you decide to appeal the decision of this office, the entire record will be forwarded to the Assistant Commissioner, Inspections and Examinations Division, Immigration and Naturalization Service, Washington, D. C., for final decision. You will be permitted to submit in connection with the appeal any additional evidence that you may desire bearing upon the case. The decision of the Assistant Commissioner in this class of case is final. From the foregoing, you will no doubt be able to arrive at an estimate of the expense to be incurred in appealing the case. As stated in previous communications to you, a period of 10 days was allowed in which an appeal could be made. However, it has been decided to extend that 58003-55 S. Repts., 83-2, vol. 3—39 |