Clyde Lyndon King American Academy of Political and Social Science.

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acciunulate both knowledge and wis-
dom. This is indeed the whole method
of human progress.

Conclusion

The World War ended the old world
order. A new world faces America,
tremendously near at hand and
terrifying. Ocean barriers are no
more. Space is abolished. Europe is
about to pour in upon us an ava-
lanche of race-conscious individuals
filled with national passions and
preconceptions.

Old Asia is waking to new life. She
resents treatment that lacks courtesy
and is intrinsically humiliating. She
is learning to use the titanic forces of
nature that have given temporary pre-
eminence to peoples of European
origin.

Is America to be overwhelmed by an
immigration we can never American-
ize? Shall we follow principles and
policies in our dealings with Asia that
can only end in tragedy for both the
white and the yellow races?

America has an unparalleled oppor-
tunity to serve the whole world. But
to do it she must remain American.
She must refuse to be either Europe-
anized or Asiaticized. She must ad-
mit to her land no more of any people
than she can Americanize. And she
must find a way by which to treat all
peoples and races as brothers and
friends.

Both of these considerations we sub-
mit require the prompt enactment of
an immigration law on the lines above
described. It is better to have a
Board with power to suspend immi-
gration for a time and then readmit
under wise restrictions than to adopt
a law barring all immigration for a
fixed term of years.



66th Congress, 2nd Session
H. R. 14196



IN THE HOUSE OF REPRESENTA-
TIVES

Mat %%, 1920

Mr. Welty introduced the foliowing
bill; which was referred to the Committee
on Immigration and Naturalization and
ordered to be printed.



A BILL

To amend the Acts of February 5, 1917;
June 29, 1906; February 18, 1875; and
May 6, 1882, creating an Inunigration
Board, providing for the regulation of
' inunigration, raising the standards of
naturalization, extending its privileges
to all who qualify, and for other
purposes.

Be it enacted by the Senate and House of
Repreaentatives of the United States of Amer-
ica in Congress assembled. That section 1 of
the Act of February 5, 1917, "regulating
immigration of aliens to and residence of
aliens in the United States," is amended by
adding at the end thereof the following:

"The word 'inunigrant' includes any
alien entering the United States not a
'transient.'

"The word 'transient' shall be construed
to include aliens of the 'status or occupa-
tions' specified in section lb (8) who enter
the United States for limited periods.

"The word 'board* means the Immigra-
tion Board created by this Act.

"The term 'ethnic group' shall in each
case be construed by the conunission as
provided for in section la (2)."

Section la. An immigration boaro. —
(1) That an Inunigration Board is hereby
created consisting ex officio of the Secre-
taries of State, Labor, Commerce, Agri-
culture, and Interior, and a sixth member
appointed by the President and confirmed
by the Senate who shall hold his office for a
term of four years or until his successor is
appointed and qualified. The presiden-
tial appointee shall be chairman of the board



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and shall receive, when engaged on official
duty, $40 per diem, with actual expenses of
travel and $6 per day in lieu of subsistence
when absent from home on official duty.
The chairman of the board shall have
power to employ a permanent secretary at
a salary of $5,000 per annum and such other
employees as the board may authorize,
and to prescribe the salary of each.

(S) The board shall in each case define
and interpret the term "ethnic group,"
taking into consideration questions of
race, mother-tongue affiliation, nationality,
and such other relationships as tend to
constitute group unity.

(8) The board shall, as soon as practi-
cable, institute a comprehensive inquiry
into policies and methods of distribution
of immigration, shall publish the results of
the investigation in fidl, not later than two
years from the beginning of the inquiry,
and shall carry on all further work necessary
to bring the approved results of the investi-
gation effectively before the public.

(4) The board shall make such rules and
regulations regarding the admission of
immigrants as shall enable it fuUy to en-
force the provisions of the immigration
laws; and also the necessary rules and reg-
ulations in regard to passports, certificates,
and declarations required by this Act,
including such matters as certificates of
officiid status, court records, receipt of
charity funds, or other facts deemed neces-
sary by the board.

(5) The board shall invite the secretaries
of each of the States to report in January
d each year in regard to —

(a) The amount of unemployment pre-
vailing in the State the previous year as
shown by the best available statistics of
employment bureaus and other reliable
evidence;

(b) The kinds of industries and occu-
pations in which shortage of labor existed
in said' year; and

(c) The kind of immigration especially
desired in that State, if authorized thereto
by vote of the State legislature.

(6) The chairman of the board shall in
February of each year present to the board
a printed report showing:

(a) The number of alien immigrants of
any given ethnic group admitted to con-



tinental United States during the next
preceding fiscal year, and, so far as the
Qgures are available, the total number so
admitted of each such group in each year
since 1900;

(b) The number, originally bdonging to
such ethnic group, who have been natural-
ized and were residing in continental United
States as shown by the last available
United States census;

(c) The number of American-bom chil-
dren whose foreign-bom father or mother
bdong to any such ethnic group, and which
children are residing in continental United
States as shown by the last available
United States census;

(d) The amount of unemployed and also
of labor shortage during the preceding
year, as reported by the secretaries of the
different States; and

(e) The officially expressed desire of
each State for specific kinds of immigration.

(7) The chairman of the board shall,
upon complaint of any citizen or associa-
tion, investigate the management of immi-
gration stations at ports of entry. The
Secretary of Labor shall, upon the report
of the chairman of the board, take steps to
correct any abuses or neglect of duty.

(8) The chairman of the board shall pre-
pare a brief and simple statement of the
rights and duties of aliens residing in the
United States, which shall be printed
both in English and in the various lan-
guages of aliens entering the United
States, a copy of which statement in his
language shall be given at the time of
making the pledge of obedience to each
alien over sixteen years of age, as provided
in section Id (1).

(9) The chairman of the board shall pre-
pare or have prepared a textbook on
"American citizenship" for the use of
aliens seeking to qualify themselves for
naturalization. It shall be simple in style,
attractive in form, shall not exceed forty
thousand words, and shall contain what
every alien desiring to become a citizen
shall be required to know concerning the
history of the American people; the prin-
ciples, ideals, and methods of the Govern-
ment of the United States; the rights
and duties of citizens and the principles
and requirements of personal and public



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hygiene. This textbook, when authorized
by the board, shall serve as the basis upon
which the courts granting papers of natu-
ralization shall judge of the intellectual
qualifications of applicants for citizenship.

Sec. lb. Admission op transients. —
(1) That aliens entering the United States
as transients, excepting accredited repre-
sentatives and officials of foreign Govern-
ments, shall present proper passports
stating among other things, the purpose
of the visit and the expected length of
that visit, not to exceed three years.
The passports of students may specify six
years as tiie period. Aliens possessing such
passports who desire to extend the period
of residence in the United States may secure
permission for such extension from the
Commissioner General of Immigration.
The regulations providing for such exten-
sion shall be prepared by the board.

(2) Any alien entering as a transient
who remains in the United States beyond
the period specified in his passport without
securing from the Commissioner Greneral
of Immigration permission for the exten-
sion of the period of his visit shall be taken
into custody and deported according to
the provisions of sections 19, 20, and 21 of
the Act of February 5, 1917.

(8) Aliens permitted to enter the United
States as transients must be persons of the
following status or occupations:

Government officers, minsters or religious
teachers, missionaries, lawyers, physicians,
chemists, civQ engineers, teachers or other
professional persons, students provided with
their own funds or guaranteed support by
their own Governments or by Institutions
or friends in the United States, authors,
artists, merchants, and travelers for curi-
osity, health, or pleasure, their legal wives
or their children under sixteen years of age,
or their personal and domestic servants who
shall accompany them or who subsequently
may apply for admission to the United
States; but such persons with their legal
wives and foreign-bom cliildren and serv-
ants who fail to maintain in the United
States the specified status or occupation
shall be deemed to be in the United States
contrary to law, and shall be subject to
deportation as provided in sections 19, 20,
and 21 of the Act of February 5, 1917.



(4) Alien students who are admitted as
transients shall not be regarded as having
lost that status by reason of having secured
temporarily some gainful occupation on
condition that they maintain regular
attendance in high school, college, or uni>
versity, the nature of the schools to be
specifically defined and the requisite regu-
lations to be prescribed by the board.

Section Ic. The admission op immi-
grants. — (1) That in April of each year the
board shall determine the maximum
number of aliens of each ethnic group to be
admitted as immigrants to the United
States during the fiscal year next following.
Such determination shall be based on the
report of the chairman of the board pro-
vided for in section la (6) and shall have
regard to —

(a) The demonstrated assimilability of
each ethnic group;

(b) The maintenance of American stand-
ards of living and wages;

(c) The amount of unemployment and
labor shortage in the United States;

(d) The general labor and economic
conditions in the different parts of the
United States; whether among industrial,
agricultural, domestic, or other workers;
and

(e) The adaptability of each particular
group to fulfill the requirements and to
meet the needs.

(2) Tl^e board shall in no case set the
number of admissible immigrants from any
single ethnic group above 10 per centum
of a basic figure composed of those of that
group in the United States who were —

(a) American-bom citizens whose foreign-
bom father x)r mother belong to such ethnic
group and which children were residing in
continental United States as shown by the
last available United States census; and

(b) Naturalized citizens who were resid-
ing in continental United States as shown
by the last available census.

(3) An alien of any given ethnic group
returning from a visit abroad, who, before
leaving for such visit, had declared his
intention of becoming a citizen of the
United States, shall be readmitted to the
United States without reference to the
amount of permissible immigration of said
ethnic group as determined by the board.



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(4) The Commissioner Greneral of Immi-
gration shall promptly send to the Ameri-
can consuls and also the transportation
agencies in American ports which conmionly
bring aliens to the Ignited States, the deter-
mination of thei>oard as to the maximum
permissible immigration for the various
ethnic groups for the ensuing fiscal year,
and shall make suitable arrangements for
their publication both in American and
foreign ports. He shall also publish a
monthly statement throughout the ensuing
fiscal year showing the maximum number
as established by such determination by the
board, of aliens of each ethnic group who
may be so admitted to the United States
during the current fiscal year, together with
the number of aliens of each such ethnic
group already so admitted during that year
and shall send such reports promptly to
the American consuls in all ports from
which aliens commonly sail for the United
States. When 75 per centum of such max-
^ imum number of aliens of any ethnic group
have been so admitted for the current fiscal
year, a similar statement with respect to
the aliens of such ethnic group shall be
issued weekly thereafter.

(5) In case of the arrival of inmiigrants
of any given group at a port of entry after
the permissible number of immigrants of
such group has been admitted, they shall
be refused admission, but the father or
grandfather, over fifty-five years of age,
the wife, mother, grandmother, immarried
or widowed daughter, or son not over six-
teen years of age, sent for by any member
of such group lawfully a resident in the
United States, shall nevertheless be ad-
mitted. Such admissions shall be made
the first charge on the permissible immi-
gration of such ethnic group for the year
next following.

(6) The board may increase at any time
the maximum immigration permitted to
any given ethnic group, but a notice of
not less than three months must be given
of a proposed decrease to be enforced
during any current fiscal year, and shall
make such regulations as may be deemed
necessary to prevent congestion of inmii-
gration at any period of the fiscal year, to
avoid inconvenience to the transportation
companies, and to avoid hardships to the



immigrants, because of the provisions of
this Act.

(7) Transportation agencies bringing
alien immigrants who arrive after the per-
missible immigration of such aliens has
been exhausted shall carry such aliens back
to the port of debarkation free of charge.
The Secretary of Labor shall prepare
and authorize the rules, regulations, and
penalties for the enforcement of this
provision.

(8) The Secretary of Labor shall be the
final judge as to the facts in the application
of this Act in all cases of doubt affecting
the admission of individual inmiigrants.

Section Id. Pledge of obedience. —
(1) That every adult alien entering the
United States, excepting accredited officials
of foreign Governments, shall be required
to file with the immigration officials at the
port of entry a sworn statement printed
both in English and in the language of the
alien, pledging obedience to the laws of the
United States and of the States in which he
may reside. The form of such statement
shall be prescribed by the chairman of the
board.

(2) Every adult alien except transients,
upon admittance to the United States,
shall in such pledge or agreement declare
the intention of learning the English lan-
guage and of becoming acquainted with
the methods of this Grovernment and with
the ideals and institutions of this country.
A duplicate of this pledge shall be given
to the declarant.

(3) Such pledge or agreement shall be
printed upon the back of the transportation
ticket issued to every alien immigrant, and
a penalty of $100 shall be incurred by and
collected from any transportation company
or individual engaged in the business of
transporting aliens to or within the United
States which shall violate this regulation
after actual notice thereof from the Com-
missioner General of Immigration.

Sec. 2. That the first paragraph of sec-
tion 8 of the Act of February 5, 1917, is
amended to read as follows:

"Sec. 3. That the following classes of
aliens shall be excluded from admission into
the United States: All idiots, imbeciles,
feeble-minded persons, epileptics, insane
persons; persons who have had one or more



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attacks of insanity at any time previously;
persons of constitutional psychopathic in-
feriority; persons with chronic alcoholism;
paupers; professional beggars; professional
or habitual gamblers; vagrants; persons
afflicted with tuberculosis in any form or
with a loathsome or dangerous contagious
disease; persons not comprehended within
any of the foregoing excluded classes who
are found to be and are certified by the
examining surgeon as being mentally or
physically defective, such physical defect
being of a nature which may affect the
ability of such alien to earn a living;
persons who have been convicted of or admit
having committed a felony or other crime
or misdemeanor involving moral turpi-
tude; polygamists, or persons who prac-
tice polygamy or believe in or advocate
the practice of polygamy; anarchists, or
persons who believe in or advocate the
overthrow by force or violence of the Gov-
ernment of the United States, or of all
forms of law, or who disbelieve in or are
opposed to organized government, or who
advocate the assassination of public offi-
cials, or who advocate or teach the unlaw-
ful destruction of property; persons who are
members of or affiliated with any organi-
zation entertaining and teaching disbelief
in or opposition to organized government,
or who advocate or teach the duty, necessity,
or propriety of the unlawful assaulting or
killing of any officer or officers, either of
specific individuals or of officers generally,
of the Government of the United States
or of any other organized government, be-
cause of his or their official character, or who
advocate or teach the unlawful destruction
of property; prostitutes, or persons coming
into the United States for the purpose of
prostitution or of any other immoral pur-
pose; persons who directly or indirectly
procure or attempt to procure or import
prostitutes or persons for the purpose
of prostitution or of any other immoral
purpose; persons who are supported by
or receive in whole or in part the pro-
ceeds of prostitution; persons hereinafter
called contract laborers who have been
induced, assisted, encouraged, or solicited to
migrate to this country by offers or prom-
ises of employment, whether such offers or
promises are true or false, or in consequence



of agreements, oral, written or printed, ex*
pressed or implied, to perform labor in this
coimtry of any kmd, skilled or unskilled;
persons who have come in consequence of
advertisements for laborers, printed, pub-
lished, or distributed in a foreign country;
persons likely to become a public charge;
persons who have been deported under
any of the provisions of this Act, and who
may again seek admission within one year
from the date of such deportation, unless
prior to their reembarkation at a foreign
port or their attempts to be admitted from
foreign contiguous territory the Secretary
of Labor shall have consented to their re-
applying for admission; persons whose
tidcets or passage is paid for with the
money of another, or who are assisted by
others to come, unless it is affirmatively and
satisfactorily shown that such persons do
not belong to one of the foregoing exduded
classes; persons whose ticket or passage is
paid for by any corporation, association, so-
ciety, municipality, or foreign Government,
either directly or indirectly; stowaways, ex-
cept that any such stowaway, if otherwise
admissible, may be admitted in the discre-
tion of the Secretary of Labor; all children
under sixteen years of age, imaccompanied
by or not coming to one or both of their
parents, except that any such children
may, in the discretion of the Secretary of
Labor, be admitted if in his opinion they
are not likely to become a public charge
and are otherwise eligible."

Sec. 8. That section 9 of the Act of
February 5, 1917, be amended so that said
section shall read as follows:

"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 StatA eitiier from a foreign country
or any insular possession of the United
States any alien afflicted with idiocy, insan-
ity, imbecility, feeble-mindedness, epUepsy,
constitutional psychopathic inferiority,
chronic alcoholism, tuberculosis in any form ,
or a loathsome or dangerous contagious
disease, and if it shall appear to the satis-
faction of the Secretary of Labor that any
alien so brought to the United States was



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afflicted with any of the said diseases or
disabilities at the time of foreign embarka-
tion, 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 $200, and in addition a sum equal
to that paid by such alien for his transpor-
tation from the initial point of departure, in-
dicated in his ticket, to the port of arrival for
each and every violation of the provisions
of this section, such latter sum to be deliv-
ered by the collector of customs to the alien
on whose accoimt 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 8 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 ex-
istence of such mental or physical defect
might have been detected by means of a
com]>etent 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
(25, and in addition a sum equal to that
paid by such alien for his transportation
from the initial point of departure, indica W
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 imlawf ul
for any such person to bring to any port of
the United States any alien who is excluded
by the provisions of section 8 of this Act
because unable to read, and if it shaU appear
to the satisfaction of the Secretary of Labor
that those disabilities might have been
detected by the exercise of reasonable pre-
caution prior to the departure of such alien
from a foreign port, such person shaU pay
to the collector of customs of the customs
district in which the port of arrival is



located the sum of $200, 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 deliv-
ered by the collector of customs to the
alien on whose account assessed. 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: Pro-
tided. That clearance may be granted
prior to the determination of such questions
upon the deposit of a sum sufficient to
cover such fines: Provided further. That
nothing contained in this section shall be
construed to subject transportation com-
panies to a fine for bringing to ports of the
United States aliens who are by any of the
provisions or exceptions to section 8 hereof
exempted from the excluding provisions
of said section.*'

Sec. 4. That the fourth proviso in the
third paragraph of section 8 of the Act of
February 5, 1917, is amended to read as



Online LibraryClyde Lyndon King American Academy of Political and Social ScienceAnnals of the American Academy of Political and Social Science → online text (page 33 of 108)