APPENDIX A Copies of certain affidavits, to be filed with the Senate Committee on Immigration, in support of S. 2271, and with the House of Representatives Committee on Immigration and Naturalization, in support of H. R. 6974. STATE OF CALIFORNIA, AFFIDAVIT OF KENNETH Y. FUNG City and County of San Francisco, ss: Kenneth Y. Fung, being first duly sworn, upon oath doth depose and say: That he is a native-born citizen of the United States, and that he resides in the city and county of San Francisco, State of California. That he is the executive secretary of the United Parlor of the Native Sons of the Golden State, Chinese American Citizens Alliance, an organization composed of citizens of the United States of the Chinese race. That the said order has a membership of over 4,000, and has subordinate lodges scattered throughout the United States, the united parlor being the supreme lodge of said order. That affiant makes this affidavit as the executive secretary of said united parlor, and for and on behalf of the said order, in support of Senate bill 2271 and H. R. 6974, now pending in Congress, which bills are identical in wording, and have for their object the amendment of the immigration act of 1924 to permit the admission into the United States of the alien wives belonging to races ineligible to citizenship of citizens of the United States. That such wives were admissible before the passage of the immigration act of 1924, but that their right of admission was taken away by that act. That the situation of hardship which has developed by reason of the provision of the immigration act of 1924, which the bills in question seek to amend, is extreme, particularly in its application to citizens of the United States of the Chinese race, whose wives are for the most part alien Chinese women, to whom such citizens were married in China, there not being a sufficient number of Chinese women in the United States of marriageable age to supply wives for such citizens, there being comparatively few Chinese women in the United States compared with men. That the wives of most of these citizens are in China. That it has been custom for such citizens, as soon as their financial circumstances permitted, to send for their wives to join them in the United States, here to establish a home for them, but that under the immigration act of 1924, they, although citizens of the United States, are separated from their wives and from such of their children as are too young to leave their mothers. That there were introduced into the Sixty-ninth Congress at its first session two bills, each a duplicate of the other, one Senate bill 2358 and the other H. R. 6544, which bills are identical in wording with said Senate bill 2271 and said H. R. 6974, now pending before the Seventieth Congress. That said H. R. 6544 was referred to the Committee on Immigration and Naturalization of the House of Representatives of the Sixty-ninth Congress, and that a hearing was had on said bill by the said committee. That affiant prays that the records of the said hearing, together with the exhibits submitted thereat, including a pamphlet entitled "A Plea for Relief, together with a supplement containing some arguments in support thereof," which said pamphlet was submitted by the said united parlor of which affiant is the executive secretary, to the said committee, be considered at the hearing to be had on H. R. 6974 by the Committee on Immigration and Naturalization of the House of Representatives, and introduced in evidence at the said hearing. That the position of the said united parlor in its support of the said bills (Senate bill 2271 and H. R. 6974) being outlined in general in the said plea for relief, it is deemed unnecessary for affiant to go into the subject at length in this affidavit, as it would be only a repetition of matter which would burden the records of the committees to which said bills now pending have been referred. That affiant does desire, however, to emphasize the hardship inflicted upon the Chinese-American citizens by the provisions of the immigration act of 1924 which Senate bill 2271 and H. R. 6974 seek to amend. That it is possible to obtain the affidavits of a large number of Chinese-American citizens as to the hardship inflicted upon each in his individual case, but that it would be burdensome to the said committees to have submitted to them a large number of affidavits which would be largely repetition one of the other, as the hardship is the same in general character in most all cases. That affiant therefore submits in conjunction with this affidavit, affidavits covering only a few individual cases which are typical in their nature. KENNETH Y. FUNG. [SEAL.] Subscribed and sworn to before me this 19th day of January, 1928. AFFIDAVIT OF RALPH QUAN STATE OF CALIFORNIA, City and County of San Francisco, ss: Ralph Quan, being first duly sworn upon oath, doth depose and say: That he is a citizen of the United States, 24 years of age, and is a student by occupation. That he attends Heald's Business College in the city of Oakland, county of Alameda, State of California, and that he resides in the said city of Oakland. That he is a member of Oakland Parlor, Native Sons of the Golden State. That he is a son of Quan Yeen and Lew Young. That his father, the said Quan Yeen, was born in the city of San Francisco, and has resided in the State of California all his life and now resides in the said city of Oakland. That affiant's father is a merchant by occupation. That affiant's paternal grandfather, Quan Kong, who is now dead, came to the United States over 50 years ago, and in his lifetime was a prominent merchant of San Francisco. That affiant's mother, the said Lew Young, was born in the city of San Francisco, and has lived in California all her life. That affiant's maternal grandfather, Lew Hing, has resided in California for over 50 years, and is one of the most prominent Chinese business men of California. That affiant went to China on a temporary visit in the year 1924, departing from the United States at the port of San Francisco in the month of May of that year, and that he was married to Miss Yow Hye Kam, an alien Chinese woman, in the city of Canton, China, on February 27, 1925. That the marriage ceremony between affiant and the said Yow Hye Kam was performed in the First Presbyterian Church of Canton by the Rev. J. Stewart Kunkle, a Presbyterian minister, in the presence of and before Prescott Childs, vice consul of the United States at Canton, China. That at the time of affant's said marriage he had no knowledge or information of the fact that the right of admission to the United States which had been accorded to alien Chinese wives of citizens of the United States, and which had been recognized under the so-called Chinese exclusion laws, had been taken away by the immigration act of 1924. That at the time of his mar riage to the said Yow Hye Kam, it was affiant's intention to take her to the United States with him upon his return thereto, and that he did not learn that she was inadmissible as his wife until the year 1926, when in preparation for departure to the United States he called at the office of the United States consul at Canton for a paper upon which his wife would be permitted to enter the United States as the wife of a citizen thereof. That the said consul informed affiant that his wife was not admissible to the United States as the wife of a citizen thereof, being of a race ineligible to citizenship, and that the best he could do for her was to issue to her a so-called section 6 traveler's certificate upon which she would be admissible for a limited period, and that he did issue to her a certificate of the said character. That thereafter affiant and his wife, accompanied by their infant daughter, Helen Quan, who had been born to them in Canton, China, on March 19, 1926, and whose birth had been duly registered in the United States consulate at Canton, departed for the United States on the steamer President Taft, and that they arrived at the port of San Francisco on December 29, 1926. That upon reaching said port affiant and his said infant daughter, Helen Quan, were duly admitted to the United States as citizens thereof by the immigration officers of said port. That affiant's wife was admitted as a traveler under bond for a period of eight months, and that subsequently, to wit, on August 29, 1927, the period of her bonded admission was extended for six months--that is, until February 29, 1928-when her right to remain in the United States will expire, unless a further extension is granted. That affiant's wife is now pregnant, and that he expects the birth of another child in about one month. That as all of affiant's immediate relatives are in the United States, he has no relative in China upon whom he could depend to care for and look after his wife there should she be compelled to leave the United States. That the hardship of the situation in which affiant finds himself by reason of the provis on in the immigration act of 1924 which debars from admission the alien Chinese wife of a citizen of the United States is great, entailing upon affiant an impending separation from his wife, and also probably from his infant child, who is at an age need ng a mother's care. That the uncertain duration of affiant's wife's stay in the United States has naturally had an unfavorable effect upon her health, particularly in view of her pregnant condition, she being always apprehensive that she might shortly be separated from affiant, her husband, and compelled to go to China, there to live among strangers. That affiant prays that the immigration act of 1924 be so amended as to permit the admission to the United States of the wives of citizens thereof, even though such wives be of a race ineligible to citizenship. RALPH QUAN. Subscribed and sworn to before me this 19th day of January, 1928. [SEAL.] HARRY L. HORN, Notary Public in and for the City and County AFFIDAVIT OF TOM WONG HOE SING STATE OF CALIFORNIA, City and County of San Francisco, ss: Tom Wong Hoe Sing, being first duly sworn, upon oath doth depose and say: That he is a native-born citizen of the United States, 23 years of age, and is a waiter by occupation. That he resides in the city and county of San Francisco, State of California. That he is a member of San Francisco Parlor, Native Sons of the Golden State. That he departed from the United States at the port of San Francisco during the month of December, 1923, upon a temporary visit to China, and that he was married in China during the month of January, 1924, to Quan Shee, an alien Chinese woman. That he returned to the United States, leaving Hong Kong on the 12th day of July, 1924. That he had intended bringing his wife, the said Quan Shee, to the United States with him to reside with him here and made preparations to do so, but that, upon applying at the steamship office in Hong Kong for passage to the United States for himself and his wife, he was informed by the steamship company officials that under the immigration act of 1924, which had then just gone into effect, his wife was not admissible to the United States, although the wife of a citizen thereof, being of a race ineligible to citizenship. That affiant's wife being inadmissible to the United States, he was forced of necessity to make provision for her maintenance in China. That his financial condition, under the circumstances, requiring him to return to his work immediately, he was compelled to leave his wife in China and return to the United States alone. That he desires to have his wife with him in this country to make a home for him, but that under the law as it now stands, notwithstanding his natural affection for her, he is forced to live separate and apart from her, and is denied the opportunity of her society, and is deprived of that home life which is essential to the well-being of every man. That his means will not permit him to make frequent visits to China to see his wife, and that he has not been able to afford to go there since he returned to the United States in 1924. That his living expenses are increased by reason of the fact that he must not only provide for himself here but maintain a home for his wife in China. That affiant prays that the immigration act of 1924 be so amended as to remove the hardship from which he suffers in his separation from his wife. That affiant knows of several other Chinese American citizens, similarly situated to affiant, suffering from the same hardship that affiant has set forth herein, TOM WONG HOE SING. Subscribed and sworn to before me this 19th day of January, 1928. [SEAL.] HARRY L. HORN, Notary Public in and for the City and County AFFIDAVIT OF MRS. J. W. HOY STATE OF CALIFORNIA, City and County of San Francisco, 88: Mrs. J. W. Hoy, being first duly sworn, upon oath doth depose and say: That she was born in the United States and resides with her husband, J. W. Hoy, in the city of San Francisco, State of California. That she has a brother, Hong Sic Poy by name, 28 years of age, who is a native-born citizen of the United States. That her said brother, Hong Sic Poy, was married in China during the year 1919 to Leung Shee, an alien Chinese woman. That affiant's said brother, Hong Sic Poy, remained in China after his marriage till the year 1922, when he returned to the United States, reaching the port of San Francisco on November 18, 1922, and being admitted on his return to the United States as a native-born citizen thereof. That he did not have sufficient money to bring his wife to the United States with him on his return, but immediately upon his return he set to work to save and accumulate enough money to pay his wife's passage to the United States and her incidental expenses, and to provide a home for her here, and that when the immigration act of 1924 went into effect on July 1, 1924, he had accumulated just about enough money to accomplish his purpose, but a provision in that act rendered his wife inadmissible as the wife of a citizen of the United States. That, sick and sore at heart over the situation that confronted him after having faithfully saved all he could since his return to the United States for the one purpose of bringing his wife over here and having her with him, he constantly brooded over his trouble, and the hardship he suffered in his separation from his wife was such that he finally lost his mind and became insane. That his condition was such that his relatives, acting upon the advice of his physician, deemed it best to send him immediately back to his wife in China in the hope that association with her would relieve his mind and restore his reason. That a certificate of his said physician is attached hereto and made a part hereof. That he was in such condition that it was unsafe to allow him to travel alone, and that his younger brother, Hong Seik Yuen, also a native-born citizen of the United States, formerly a student in a San Francisco high school and latterly a student in the high school of San Jose, Calif., was forced to leave school and accompany him to China. That affiant's said two brothers departed for China at the port of San Francisco on the steamer President Madison on January 6, 1928. That affiant prays that the hardship under which her said brother, Hong Sic Poy, now on the high seas en route to China, suffers, be removed by the enactment of legislation which will permit the admission to the United States of the alien Chinese wives of citizens thereof. Mrs. J. W. HOY. Subscribed and sworn to before me this 19th day of January, 1928. SAN FRANCISCO, CALIF., January 17, 1928. To whom it may concern: This is to certify that I have been attending to Mr. Hong Sic Poy, recently at the Park Sanitorium, and I have come to the conclusion that he is afflicted with a mental condition called dementia præcox. However, The exact cause of this condition is not very well understood. heredity has been found to play a large part in this disease, and emotional disturbances such as seduction or desertion have not infrequently brought on attacks of the disease in individuals who have never shown any signs of mental derangement in the past, and who have been perfectly capable in securing an education and means of livelihood. Very truly yours, J. H. HALL, M. D. APPENDIX B TEXT OF SUBDIVISION (C) OF SECTION 13 AND OF SECTION 4 OF THE IMMIGRATION ACT OF 1924, SUBDIVISION (C) OF SECTION 13 (c) No alien ineligible to citizenship shall be admitted to the United States unless such alien (1) is admissible as a nonquota immigrant under the provisions of subdivisions (b), (d), or (e) of section 4, or (2) is the wife, or the unmarried child under 18 years of age, of an immigrant admissible under such subdivision (d), and is accompanying or following to join him, or (3) is not an immigrant as defined in section 3. SECTION 4 66 SEC. 4. When used in this act the term nonquota immigrant" means (a) An immigrant who is the unmarried child under 18 years of age, or the wife of a citizen of the United States who resides therein at the time of the filing of a petition under section 9; (b) An immigrant previously lawfully admitted to the United States, who is returning from a temporary visit abroad; (c) An immigrant who was born in the Dominion of Canada, Newfoundland, the Republic of Mexico, the Republic of Cuba, the Republic of Haiti, the Dominican Republic, the Canal Zone, or an independent country of Central or South America, and his wife, and his unmarried children under 18 years of age, if accompanying or following to join him; (d) 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, or professor of a college, academy, seminary, or university, and his wife, and his unmarried children under 18 years of age, if accompanying or following to join him; or (e) An immigrant who is a bona fide student at least 15 years of age and who seeks to enter the United States solely for the purpose of study at an accredited school, college, academy, seminary, or university, particularly designated by him and approved by the Secretary of Labor, which shall have agreed to report to the Secretary of Labor the termination of attendance of each immigrant student, and if any such institution of learning fails to make such reports promptly the approval shall be withdrawn. TEXT OF SENATE BILL 2271, INTRODUCED BY SENATOR KING, AND HOUSE BILL, 6974, INTRODUCED BY CONGRESSMAN DYER (70TH CONG., 1ST SESS.) A BILL To permit the admission, as nonquota immigrants, of certain alien wives and children of United States citizens Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That clause (1) of subdivision (c) of section 13 of the immigration act of 1924 is amended to read as follows: "(1) is admissible as a nonquota immigrant under the provisions of subdivision (a), (b), (d), or (e) of section 4 or." STATEMENT OF HON. V. S. K. HOUSTON, A DELEGATE IN CONGRESS FROM THE TERRITORY OF HAWAII The CHAIRMAN. We shall be glad to hear you at this time, Mr. Houston. Mr. HOUSTON. My bill H. R. 5654 is the same as Senator Bingham's bill, and if amended it will do just about the same thing Mr. Dyer's bill will do but restricted as to time limits. I have no pride in authorship and it may be amended or changed in any way the committee sees fit. I am simply interested in seeing that these American citizens are given at least the same rights as aliens who come to our shores. |