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Compiled statutes of the United States, 1913 : embracing the statutes of the United States of a general and permanent nature in force December 31, 1913, incorporating under the headings of the revised statutes the subsequent laws, together with explanatory and historical notes online

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Online LibraryUnited StatesCompiled statutes of the United States, 1913 : embracing the statutes of the United States of a general and permanent nature in force December 31, 1913, incorporating under the headings of the revised statutes the subsequent laws, together with explanatory and historical notes → online text (page 70 of 150)
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§ 4259. (Act March 4, 1909, c 305.) Requirement of outward alien
manifests not to apply to passengers by vessels in trade be-
tween United States and Canada or Mexico,

Until the provisions of section twelve of the immigration Act of
February twentieth, nineteen hundred and seven, relating to out-
ward alien manifests, shall be made applicable to passengers go-
ing out of the United States to Canada by land carriage, said pro-
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Ch. A) IMMIORATION § 4261

visions shall not apply to passengers going by vessels employed
exclusively in the trade between the ports of the United States and
the Dominion of Canada and the Republic of Mexico. (35 Stat.
1060.)

This was an act entitled "An act relative to outward alien manifests on cer-
tain vessels.**

Act Feb. 20, 1907, c. 1134, | 12, mentioned in this act, is set forth ante, |
4258.

§ 4260. (Act Feb. 20, 1907, c. 1134, § 13.) Grouping of alien pas-
sengers in lists ; identification tickets ; verification of lists and
certificate of medical examination by officer of vessel.
All aliens arriving by water at the ports of the United States
shall be listed in convenient groups, and no one list or manifest
shall contain more than thirty names. To each alien or head of a
family shall be given a ticket on which shall be written his name, a
number or letter designating the list in which his name, and so forth,
is contained, and his number on said list, for convenience of identifi-
cation on arrival. Each list or manifest shall be verified by the signa-
ture and the oath or affirmation of the master or commanding officer,
or the first or second below him in command, taken before an immi-
gration officer at the port of arrival, to the effect that he has caused
the surgeon of said vessel sailing therewith to make a physical and
oral examination of each of said aliens, and that from the report of
said surgeon and from his own investigation he believes that no one of
said aliens is an idiot, or imbecile, or a feeble-minded person, or insane
person, or a pauper, or is likely to become a public charge, or is afflicted
with tuberculosis or with a loathsome or dangerous contagious disease,
or is a person who has been convicted of, or who admits having com-
mitted a felony or other crime or misdemeanor involving moral turpi-
tude, or is a polygamist or one admitting belief in the practice of polyg-
amy, or an anarchist, or under promise or agreement, express or im-
plied, to perform labor in the United States, or a prostitute, or a woman
or girl coming to the United States for the purpose of prostitution,
or for any other immoral purpose, and that also, according to the best
of his knowledge and belief, the information in said lists or manifests
concerning each of said aliens named therein is correct and true in
every respect. (34 Stat. 902.)

See notes to section 1 of this act, ante, § 4242.

Previous provisions similar to those of this section were contained in Act
March 3, 1893, c. 206, | 2, 27 Stat 569, bnt were superseded by those of
Act March 3, 1903, c 1012, § 13, which were re-enacted, with additions,
In this section, and were repealed by section 43 of this act, post, f 4289.

Verification of the lists or manifests by the surgeon of the vessel was also
required by section 14 of this act, post, § 4261.

§ 4261. (Act Feb. 20, 1907, c, 1134, § 14.) Verification of lists by
surgeon of vessel.
The surgeon of said vessel sailing therewith shall also sign each
of said lists or manifests and make oath or affirmation in like man-
ner before an immigration officer at the port of arrival, stating his
professional experience and qualifications as a physician and
surgeon, and that he has made a personal examination of each of

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§ 4261 IMMIGKATION (Tit 2»

the said aliens named therein, and that the said list or manifest, ac-
cording to the best of his knowledge and belief, is full, correct, and
true in all particulars relative to the mental and physical condition
of said aliens. If no surgeon sails with any vessel bringing aliens the
mental and physical examinations and the verifications of the lists
or manifests shall be made by some competent surgeon employed by
the owners of the said vessel. (34 Stat. 903.)
See notes to section 1 of this act, ante, | 4242.

Previoos prorisiona similar to tboae of thia aection were contained In Act
March 8, 1883, c. 206, | 8, 27 Sut. 609, but were auperaeded bj tboae of Act
March 8, 1903, c 1012, | 14, 32 SUt 1217, which were re^nacted in this
section, and were repealed bj section 48 of this act, post, | 4289.

§ 4262. (Act Feb. 20, 1907, c 1134, § 15.) Failure to furnish lists
of alien passengers; penalty.
In the case of the failure of the master or commanding officer
of any vessel to deliver to the said immigration officers lists or
manifests of all aliens on board thereof as required in sections
twelve, thirteen, and fourteen of this Act, he shall pay to the collector
of customs at the port of arrival the sum of ten dollars for each alien
concerning whom the above information is not contained in any list
as aforesaid : Provided, That in the case of failure without good cause
to deliver the list of passengers required by section twelve of this Act
from the master or commanding officer of every vessel taking alien
passengers out of the United States, the penalty shall be paid to the
collector of customs at the port of departure and shall be a fine of ten
dollars for each alien not included in said list ; but in no case shall the
aggregate fine exceed one hundred dollars. (34 Stat 903.)
See notes to aection 1 of thia act, ante, | 4242.

Sectiona 12, 18, and 14 of thia a!ct, mentioned in thia aection, are aet forth
ante. If 4258, 4260, 4261.

Preyioua proviaiona similar in part to thoae of thia aection were contained
in Act March 8, 1893, c. 206, I 4, 27 SUt 570, hnt were auperaeded hj thoae
of Act March 8, 1903, c 1012, | 16, 82 Stat 1217, which were re-enacted
in this aection with the addition of the proviao at the end ci the aection, and
were repealed bj aection 48 of this act, post, | 4288.

§ 4263. (Act Feb. 20, 1907, c 1134, § 16.) Inspection of alien pas-
sengers upon arrival.
Upon the receipt by the immigration officers at any port of ar-
rival of the lists or manifests of incoming aliens provided for in
sections twelve, thirteen, and fourteen of this Act it shall be the
duty of said officers to go or send competent assistants to the ves-
sel to which said lists or manifests refer, and there inspect all such
aliens, or said immigration officers may order a temporary removal
of such aliens for examination at a designated time and place, but
such temporary removal shall not be considered a landing, nor shall
it relieve the transportation lines, masters, agents, owners, or con-
signees of the vessel upon which such aliens are brought to any
port of the United States from any of the obligations which, in case
such aliens remain on board, would, under the provisions of this
Act, bind the said transportation lines, masters, agents, owners, or
consignees: Provided, That where a suitable building is used for
the detention and examination of aliens the immigration officials shall
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Ch. A) IMMIGRATION , § 4265

there take charge of such aliens, and the transportation companies,
masters, agents, owners, and consignees of the vessels bringing such
aliens shall be relieved of the responsibility for their detention there-
after until the return of such aliens to their care. (34 Stat. 903.)
See notes to section 1 of this act, ante, f 424?.

Sections 12, 13, and 14, of this act, mentioned in this section, are set forth
ante, %% 4258, 4260, 4261.

The transportation lines were required to pay the expenses of the removal
and detention of aliens under this section, by Act Oct 22, 1913, c. 32, post,
14264.

Previons provisions similar to those of this section and the two sections of
this act next following were contained in Act March 8, 1891, c. 551, | 8,
26 Stat. 1065, but were superseded by those of Act March 3, 1903, c 1012, §§
16-18, 32 Stat 1217, which were re-enacted substantiaUy in sections 16-18
of this act) and were repealed by section 43 of this act, post, | 4289.

§ 4264. (Act Oct. 22, 1913, c. 32.) Expenses of removal and de-
tention of aliens pending inspection to be paid by transporta-
tion companies.

Whenever aliens arriving at any port of the United States are tem-
porarily removed from a vessel in accordance with the provisions of
section sixteen of the immigration Act approved February twenti-
eth, nineteen hundred and seven, the transportation lines which
brought them and the masters, owners, agents, and consignees
of the vessel on which they arrive shall pay all expenses of such
removal and all expenses arising during subsequent detention pend-
ing decision of the eligibility of such aliens to enter the United
States and until they are either allowed to land or returned to the
care of the line or to the vessel which brought them, and such ex-
penses shall include those of maintenance, medical treatment in
hospital or elsewhere, burial in the event of death, and charges
for transfer to the vessel in the event of deportation, excepting
only where such expenses arise under the terms of any of the pro-
visos of section nineteen of the said immigration Act; and aliens
shall not be temporarily removed from any vessel unless the mas-
ter, owner, agent, or consignee thereof shall guarantee in a man-
ner prescribed by and to the satisfaction of the Secretary of Labor
that said expenses will be paid. (38 Stat. 226.)

This was a provision of the urgent deficiency appropriation act for the

fiscal year 1913, cited above.
Act Feb. 20, 1907, c 1184, | 16, mentioned in this section, is set forth

ante, § 4263.

§ 4265. (Act Feb. 20, 1907, c 1134, § 17.) Medical examination of
alien passengers.

The physical and mental examination of all arriving aliens shall
be made by medical officers of the United States Public Health
and Marine-Hospital Service, who shall have had at least two
years' experience in the practice of their profession since receiving the
degree of doctor of medicine and who shall certify for the information
of the immigration officers and the boards of special inquiry hereinafter
provided for, any and all physical and mental defects or diseases ob-
sen-ed by said medical officers in any such alien, or, should medical offi-
cers of the United States Public Health and Marine-Hospital Service

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§ 4265 IMMIGRATION (Tit. 29

be not available, dvil surgeons of not less than four years' professional
experience may be employed in such emergency for such service, upon
such terms as may be prescribed by the CSommissioner-General of Im-
migration under the direction or with the approval of the Secretary of
[Commerce and] Labor. The United States Public Health and
Marine-Hospital Service shall be reimbursed by the immigration
service for all expenditures incurred in carrying out the medical in-
spection of aliens under regulations of the Secretary of [Commerce
and] Labor. (34 Stat. 903.)

See notes to section 1 of this act, ante, | 4242.

The words ''Commerce and/* inclosed in braclcetf in this section, were su-
perseded by the transfer to the head of the Department of Labor of all
duties performed and all power and authority possessed by the Secretary
of Commerce and Labor over the Commissioner General of Immiinration, the
commissioners of immigration, the Bureau of Immi|?ration and Naturalization,
and the Immigration Service at large, by the act creating the Department of
Labor. Act March 4, 1913, c 141, ff 1> 8, 8, ante. If 932, 934, 940.

The detail of surgeons, in accordance with the provisions of this section*
for service in foreign countries, was authorized by section 22 of this act,
ante, | 959.

The provision of this section requiring reimbursement by the immigration
fund for expenses of medical inspection of aliens was repealed by a provisioo
of Act March 4, 1909, c 299, | 1, post, | 4266.

§ 4266. (Act March 4» 1909, c. 299» § 1.) Expenses of medical ex-
amination of alien passengers; repeal in part of Act Feb. 20,
1907, c. 1134, § 17.
Public Health and Marine-Hospital Service: Expenses of Public
Health and Marine-Hospital Service, * *

In all, * * dollars, which shall include the amount necessary for
the medical inspection of aliens, as required by section seventeen of
the Act of Congress approved February twentieth, nineteen hundred
and seven, and the provision of said section of said Act requiring the
reimbursement by the immigration fund for said expenses is hereby
repealed. (35 Stat. 969.)

This was a provision accompansring an appropriation for expenses of the
Public Health and Marine-Hospital Service, in the sundry civil appropriation
act for the fiscal year 1010, dted above. Appropriations for the same purjKwe
were made in the similar acts for subsequent years.*

Act Feb. 20, 1007, c 1134, | 17, repealed in part by this provision, is set
forth ante, | 4265.

The sundry civil appropriation acts for recent years have made an appro-
priation under the Public Health Service, for at least six assistant surgeons
who have had a special training in the diagnosis of insanity and mental de-
fects for duty in connection with the inspection of arriving aliens. The
provision for the fiscal year 1914 was by Act June 23, 1018, c. 8, | 1« 88
Stat. 28.

§ 4267. (Act Feb. 20, 1907, c 1134» § 18.) Owners, officers, etc,
of vessel or transportation line bringing alien to prevent land-
ing at time or place other than as designated; negligent fail-
ure to comply with requirements punishable; alien unlawfully
landed to be deported.
It shall be the duty of the owners, officers, or agents of any ves-
sel or transportation line, other than those railway lines which
may enter into a coi\|tract as provided in section thirty-two of this
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Ch. A) IMMIGRATION § 4268

Act, bringing an alien 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, and the negligent failure of
any such owner, officer, or agent to comply with the foregoing require-
ments shall be deemed a misdemeanor and be punished by a fine in
each case of not less than one hundred nor more than one thousand dol-
lars or by imprisonment for a term not exceeding one year, or by both
such fine and imprisonment; and every such alien so landed shall be
deemed to be unlawfully in the United States and shall be deported as
provided in sections twenty and twenty-one of this Act. (34 Stat.
904.)

See notes to sections 1 and 16 of this act, ante, ff 4242, 4263.

Aliens who enter the United States except at seaports or places which
the Secretary of Labor may designate are to be adjudged to have entered
the country unlawfully, and to be deported, by provisions of section 36 of
this act, post, § 4285.

§ 4268. (Act Feb. 20, 1907, c. 1134, § 19.) Immediate deportation
of alien unlawfully brought to this country; cost of mainte-
nance and return; refusal to receive back on vessel or to pay
cost, punishable; suspension of deportation of alien whose
testimony is necessary in prosecution; aliens excluded as dis-
eased not to be landed for medical treatment.
All aliens brought to this country in violation of law shall, if
practicable, be immediately sent back to the country whence they
respectively came on the vessels bringing them. The cost of their
maintenance while on land, as well as the expense of the return of such
aliens, shall be borne by the owner or owners of the vessels on which
they respectively came ; and if any master, person in charge, agent,
ow^er, or consignee of any such vessel shall refuse to receive back
on board thereof, or on board of any other vessel owned or operated
by the same interests, such aliens, or shall fail to detain them thereon,
or shall refuse or fail to return them to the foreign port from
which they came, or to pay the cost of their maintenance while on
land, or shall make any diarge for the return of any such alien,
or shall take any security from him for the payment of such charge,
such master, person in charge, agent, owner, or consignee shall be
deemed guilty of a misdemeanor and shall, on conviction, b5 punished
by a fine of not less than three hundred dollars for each and every such
offense; and no vessel shall have clearance from any port of the
United States while any such fine is unpaid: Provided. That the
Commissioner-General of Immigration, with the approval of the Sec-
retary of [Commerce and] Labor, may suspend, upon conditions to be
prescribed by the Comn:iissioner-General of Immigration, the depor-
tation of any alien found to have come in violation of any provision of
this Act, if, in his judgment, the testimony of such alien is necessary
on behalf of the United States Government in the prosecution of
offenders against any provision of this Act : Provided, That the cost
of maintenance of any person so detained resulting from such suspen-
sion of deportation shall be paid from the "immigrant fund" but no
alien certified, as provided in section seventeen of this Act, to be

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§ 4268 IMUIQRATION (Tit. 29

suffering from tubo'culosis or from a loathsome or daxigerous con-
tagious disease other than one of quarantinable nature shall be per-
mitted to land for medical treatment thereof in any hospital in the
United States, unless with the express permission of the Secretary of
[Commerce and] Labor: Provided, That upon the certificate of a
medical officer of the United States Public Health and Marine-Hospital
Service to the effect that the health or safety of an insane alien would
be unduly imperiled by immediate deportation, such alien may, at the
expense of the "immigrant fund," be held for treatment until such
time as such alien may, in the opinion of such medical officer, be safely
deported. (34 Stat. 904.)

See notes to tection 1 of this act, ante, § 4242.

The words **Commerce and," inclosed in bradcets in this tection, were sa-
perseded by the transfer to the head of the Department of Labor of all
duties performed and all power and authority possessed by the Secretary
of Commerce and Labor over the Commissioner General of Immigration^ the
commissioners of immigration, the Bureau of Immigration and NatoraJisa-
tion, and the Immigration Service at large, by the act creating the Depart-
ment of Labor, Act March 4, 1913, c. 141, §| 1, 8, 8, ante, ff 932, 984. 940.

Prorisions similar to those of this section preceding the three proriaos
annexed thereto were contained in Act March 8, 1891, c. 501, | 10, 26 Stat.
1086, but were superseded by those of Act March 8, 1908, c 1012, | 19, 32
Stat 1218, which were re-enacted, with additions, in this section, and were
repealed by section 43 of this act, post, | 4289.

A previous provision for payment of expenses incident to the detention
of aliens ordered deported, whose attendance as witnesses for the United
States in prosecutions under the immigration laws is required, contained in
Act Maitdi 8, 1905, c. 1484, § 1, 88 Sut 1244, may be regarded as soperaeded
by the second proviso of this secUoi^

§ 4269. (Act Feb. 20, 1907, c 1134, § 20.) Deportation of alien*
entering United States in violation of law or becoming public
charges; payment of expense of deportation; bond for relnse
of alien pending disposal of case.
Any alien who shall enter the United States in violation of law,
and such as become public charges from causes existing prior to
landing, shall, upon the warrant of the Secretary of [Commerce and]
Labor, be taken into custody and deported to the country whence he
came at any time within three years after the date of his entry into
the United States. Such deportation, including one-half of the entire
cost of rehioval to the port of deportation, shall be at the expense of
the contractor, procurer, or other person by whom the alien was un-
lawfully induced to enter the United States, or, if that can not be
done, then the cost of removal to the port of deportation shall be at
the expense of the "immigrant fund*' provided for in section one of
this Act, and the deportation from such port shall be at the expense
of the owner or owners of such vessel or transportation line by which
such aliens respectively carn^: Provided, That pending the final dis-
posal of the case of any alien so taken into custody he may be released
under a bond in the penalty of not less than five hundred dollars with
security approved by the Secretary of [Commerce and] Labor, con-
ditioned that such alien shall be produced when required for a hearing
or hearings in regard to the charge upon which he has been Uken into
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Ch. A) IMMIGRATION § 4270

custody, and for deportation if he shall be found to be unlawfully
within the United States. (34 Stat 904.)

See notes to section 1 of this act, ante, { 4242.

The words "Commerce and," inclosed in brackets in this section, were su-
perseded by the transfer to the head of the Department of Labor of all duties
performed and all power and authority possessed by the Secretary of Com-
merce and Labor 'over the Commissioner General of Immigration, the com-
missioners of immigration, the Bureau of Immigration and Naturalization,
and the Immigration Service at large, by the act creating the Department
of Labor, Act March 4, 1913, c. 141, f§ 1, 3, 8, ante, §S 932, 934, 940.

Previous provisions similar to some extent to those of this section were
coAtained in Act March 3, 1891, c. 551, | 11, 26 Stat. 1086, but were super-
seded by those of Act March 3, 1903, c. 1012, f 20, 32 Stat 1218, which
were re-enacted, with alterations and additions, in this section, and were re-
pealed by section 48 of this act, post, § 4289.

Further provisions for deportation, as provided in this section, of an alien
found in the United States in violation of law, within three years after ar-
rival, are contained in the next following section.

§ 4270. (Act Feb. 20, 1907, c. 1134, § 21.) Deportation of alien
found in United States in violation of law, etc, ; failure or re-
fusal of masters, agents, owners, or consignees of vessels to
comply with order for deportation punishable ; aliens requiring
personal care and attendance.
In case the Secretary of [Commerce and] Labor shall be satis-
fied that an alien has been found in the United States in viola-
tion of this Act, or that an alien is subject to deportation under the
provisions of this Act or of any law of the United States, he shall
cause such alien within the period of three years after landing or
entr>- therein to be taken into custody and returned to the country
whence he came, as provided by section twenty of this Act, and a
failure or refusal on the part of the masters, agents, owners, or con-
signees of vessels to comply with the order of the Secretary of [Com-
merce and] Labor to take on board, g^ard safely, and return to the
country whence he came any alien ordered to be deported under the
provisions of this Act shall be punished by the imposition of the penal-
ties prescribed in section nineteen of this Act: Provided, That when
in the opinion of the Secretary of [Commerce and] Labor the men-
tal or physical condition of such alien is such as to require personal
care and attendance, he may employ a suitable person for that pur-
pose, who shall accompany such alien to his or her final destina-
tion, and the expense incident to such service shall be defrayed in
like manner. (34 Stat. 905.)

See notes to section 1 of this act, ante, | 4242.

The words "Commerce and," inclosed in brackets in this section, were

superseded by the transfer to the head of the Department of Labor of all

duties performed and all power and authority possessed by the Secretary

of Ck)mmerce and Labor over the Commissioner General of Immigration, the

commissioners of immigration, the Bureau of Immigration and Naturalization,

and the Immigration Service at large, by the act creating the Department

of Labor, Act March 4, 1913, c 141, §§ 1, 3, 8, ante, §| 932, 934, 940.

Section 19 of this act, mentioned in this section, is set forth ante, § 4268.

Provisions similar to some extent to those of this section which precede

the proviso at the end thereof were contained in Act March 3, 1903, c. 1012,

i 21, 32 Stat 1218, repealed by section 43 of this act, post, | 4289.



Online LibraryUnited StatesCompiled statutes of the United States, 1913 : embracing the statutes of the United States of a general and permanent nature in force December 31, 1913, incorporating under the headings of the revised statutes the subsequent laws, together with explanatory and historical notes → online text (page 70 of 150)