United States.

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

. (page 71 of 150)
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 71 of 150)
Font size
QR-code for this ebook


Provisions for deportation of any alien found an inmate, etc, of a house

(1725)



Digitized by



Google



§ 4270 niMioRATiON (Tit 29

of proftitation, or practicing pro«titatioD« after «iiterliiff tho United StatM,
or receivinf, etc^ any part of the eamingt of anj proatitoto* or amplojad
by or in, etc., any hooae of prostitution, or muaic or dance hall, etc^ frequented
by prostitutes, were made by section 8 of this act, as amended by Act March
26, 1910, c 128, § 2, ante, | 4247.

Provisions for deportetion of any alien landed at any time or place other
than as designated by the immigration officers were made by section 18 of this
act, ante, | 4267.

Further provisions for deportation of aliens entering the United States
except at seaports or places which the Secretery of Labor may designate were
contained in section 86 of this act, post, | 4285.

The porU to which aliens arrested within the United SUtes after entry, and
found to be illegally therein, may be deported, were prescribed by section 89 of
this act, post, § 4284.

§ 4271. (Act Aug. 18, 1894, c 301, § 1.) Commissioners of immi-
gration; appointment.
The commissioners of immigration at the several ports shall be
appointed by the President, by and with the advice and consent of the
Senate, to hold their offices for the term of four years, unless sooner
removed, and until their successors are appointed; and nominations
for such offices shall be made to the Senate by the President as soon
as practicable after the passage of this Act. (28 Stat. 3*X).)

This was a provision of the sundry cItU appropriation act for the fiscal
year 1805, dted above.

The mode of appointing conunissioners of immigration provided by this act
was not altered by Act March 3, 1903, c 1012, by a provision of section 24
of that act, 32 Sut 1219, or by Act Feb. 20, 1907, c. 1134, by a provision
of section 24 thereof, post, § 4278.

§ 4272. (Act Feb. 20, 1907, a 1134, § 23.) Commissioner* of im-
migration; duties.
The duties of the commissioners of immigration shall be of an ad-
ministrative character, to be prescribed in detail by regfulations
prepared, under the direction or with the approval of the Secretary
of [Commerce and] Labor. (34 Stat. 906.)
See notes to section 1 of this act, ante, f 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 Commerce and Labor over the Commissioner General of Immhiration, the
commissioners of immigration, the Bureau of Immigration and NatnralisatioB,
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, ff 032, 5)34, 940.

A provision in the same language as that of this section was contained
in Act March 8, 1903. c 1012, | 23, 82 Sut 1219, repealed by section 48
of this act, post, | 4289.

The mode of appointment of commissioners of immigration was prescribed
by a provision of Act Aug. 18, 1804, c. 801, | 1, ante, | 4271, and is not
altered by anything contained in this act, by a provision of the next following
section.

§ 4273. (Act Feb. 20» 1907» c 1134, § 24.) Immigrant inspectors
and odier officers, etc. ; appointment, compensation, etc. ; da-
ties and powers of immig^tion officers; decisions.
Immigrant inspectors and other immigration officers, clerks, and
employees shall hereafter be appointed, and their compensation
fixed and raised or decreased from time to time by the Secretary of
[Commerce and] Labor, upon the recommendation of the Commis-
(1726)



Digitized by



Google



Ch.A) IMMIGBATION §4273

sioner-General of Immigration and in accordance with the provisions
of the civil-service Act of January sixteenth, eighteen hundred and
eighty-three: Provided, That said Secretary, in the enforcement of
that portion of this Act which excludes contract laborers, may employ,
without reference to the provisions of the said civil service Act, or to
the various Acts relative to the compilation of the official register, such
persons as he may deem advisable and from time to time fix, raise,
or decrease their compensation. He may draw from the "immi-
grant fund*' annually fifty thousand dollars or as much thereof as
may be necessary, to be expended for the salaries and expenses of
persons so employed and for expenses incident to such employment;
and the accounting officers of the Treasury shall pass to the credit of
the proper disbursing officer expenditures from said sum without
itemized account whenever the Secretary of [Commerce and] Labor
certifies that an itemized account would not be for the best inter-
ests of the Government: Provided further, That nothing herein con-
tained shall be construed to alter the mode of appointing commissioners
of immigration at the several ports of the United States as provided by
the sundry civil appropriation Act approved August eighteenth, eight-
een hundred and ninety-four, or the official status of such commis-
sioners heretofore appointed. Immigration officers shall have power
to administer oaths and to take and consider evidence touching the
right of any alien to enter the United States, and, where such action
may be necessary, to make a written record of such evidence ; and any
person to whom such an oath has been administered under the pro-
visions of this Act who shall knowingly or willfully give false evi-
dence or swear to any false statement in any way affecting or in
relation to the right of an alien to admission to the United States
shall be deemed guilty of perjury and be punished as provided by
section fifty-three hundred and ninety-two, United States Revised
Statutes. The decision of any such officer, if favorable to the ad-
mission of any alien, shall be subject to challenge by any other im-
migration officer, and such challenge shall operate to take the alien
whose right to land is so challenged before a board of special inquiry
for its investigation. Every alien who may not appear to the ex-
amining immigrant inspector at the port of arrival to be clearly and
beyond a doubt entitled to land shall be detained for examination in
relation thereto by a board of special inquiry. (34 Stat. 906.)
See note to section 1 of this act, ante, § 4242.

The words "Commerce and," inclosed in brackets in this section, were super-
seded 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, If 932, 934, 940.

The Civil Service Act of Jan. 16, 1883, c. 27, mentioned in this section,
is set forth ante, ff 3271-3282.

The provision of the sundry civil appropriation act of Aug. 18, 1894, c. 801,
I 1, as to the mode of appointing commissioners of immigration, mentioned in
this section, is set forth ante, | 4271.

Th« provisions of Rev. St. § 6392, mentioned in this section, defining and
punishing perjury, were in great part re-enacted in the Criminal Code, in

(1727)



Digitized by



Google



§ 4273 IMMIGRATION (Tit. 29

section 125 thereof, poet, I 10296, and the section wu repealed by aectloa
841 of laid Code, post, § 10615.

Prerions proyisions for inspection of immigrants by inspecting oflkers were
made by Act March 8, 1875, c. 141, | 5, 18 Stat 477, Act March 8, l>au.
c. 551, § 8, 26 Stat 1085, Act March 3, 1803. c 206. H 1-* 27 Stat 560. 570.
and Act Aug. 18, 1894, c. 301, | 1, 28 Stat 390.

Previous provisions relating to decisions of inspection offioert and other
immigration officers, and review thereof, were made by Act March 8, 1891, c
551, I 8, 26 Stat 1085, and Act Aug. 18, 1894, c. 301, | 1, 28 Stat 390.

Previous provisions similar to those of this section, except the first proviso
thereto, were made by Act March 3. 1903, c 1012, | 24, 32 Stat 1219.
repealed by section 48 of tliis act, post, I 4289.

§ 4274. (Act Feb. 20, 1907, c. 1134, § 25.) Boards of tpecial in-
quiry; appointment or designation ; authority; hearings; rec-
ords, decisions, and appeals.
Such boards of special inquiry shall be appointed by the com-
missioner of immigration at the various ports of arrival as may be
necessary for the prompt determination of all cases of immigrants
detained at such ports under the provisions of law. Each board
shall consist of three members, who shall be selected from such of the
immigrant officials in the service as the Commissioner-General of Im-
migration, with the approval of the Secretary of [Commerce and] La-
bor, shall from time to time designate as qualified to serve on such
boards : Provided, That at ports where there are fewer than three im-
migrant inspectors, the Secretary of [Commerce and] Labor, upon the
recommendation of the Commissioner-General of Immigration, may
designate other United States officials for service on such boards of
special inquiry. Such boards shall have authority to determine wheth-
er an alien who has been duly held shall be allowed to land or shall be
deported. All hearings before boards shall be separate and apart from
the public, but the said board shall keep a complete permanent record
of their proceedings and of all such testimony as may be produced
before them; and the decision of any two members of a board
shall prevail, but either the alien or any dissenting member of the
said board may appeal through the commissioner of immigration
at the port of arrival and the Commissioner-General of Immigration to
the Secretary of [Commerce and] Labor, and the taking of such appeal
shall operate to stay any action in regard to the final disposal of any
alien whose case is so appealed until the receipt by the commissioner
of immigration at the port of arrival of such decision which shall be
rendered solely upon the evidence adduced before the board of special
inquiry : Provided, That in every case where an alien is excluded from
admission into the United States, under any law or treaty now existing
or hereafter made, the decision of the appropriate immigration offi-
cers, if adverse to the admission of such alien, shall be final, unless
reversed on appeal to the Secretary of [Commerce and] Labor; but
nothing in this section shall be construed to admit of any appeal in
the case of an alien rejected as provided for in section ten of this Act
(34 Stat. 906.)

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

The word '^Commerce and,*' inclosed in brsclcets in this section, wrt sa-
perHeded by the transfer to the head of the Department of Labor of all
duties performed and all power and autboritj possessed bjr tba Secretary of

(1728)



Digitized by



Google



Ch. A) IMMIGRATION § 4276

Commerce and Labor over the Commissioner €reneral 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.

Previous provisions for review of decisions of immigration officers were made
by Act March 3, 1891, c. 551, f 8, 26 Stat 1085, and Act Aug. 18, 1894,
c 301, I 1, 28 Stat. 390.

Previous provisions similar to those of this section, except those contained
in the proviso thereto, were made by Act March 3, 1903, c. 1012, § 25, 32
Stat 1220, repealed by section 43 of this act, post, § 4289.

§ 4275, (Act Feb. 20, 1907, c. 1134, § 26.) Admission of aliens lia-
ble to be excluded, on giving bond of indemnity against be-
coming public charge; suits on bonds.
Any alien liable to be excluded because likely to become a pub-
lic charge or because of physical disability other than tuberculo-
sis or a loathsome or dangerous contagious disease may, if otherwise
admissible, nevertheless be admitted in the discretion of the Secretary
of [Commerce and] Labor upon the giving of a suitable and proper
bond or undertaking, approved by said Secretary in such amount and
containing such conditions as he may prescribe, to the people of the
United States, holding the United States or any State, Territory,
county, municipality, or district thereof harmless against such alien
becoming a public "charge. The admission of such alien shall be a
consideration for the giving of such bond or undertaking. Suit may
be brought thereon in the name and by the proper law officers either
of the United States Government or of any State, Territory, district,
county, or municipality in which such alien becomes a public charge.
(34 Stat. 906.)

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
Commerce 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, §f 932, 934, 940.

A previous provision relating to bonds of indemnity against aliens becoming
public charges was made by Act March 3, 1893, c. 206, § 7, 27 Stat 570,
but was superseded by Act March 3, 1903, c 1012, § 26, which was repealed
by section 43 of this act, post, | 4289.

§ 4276. (Act Feb. 20, 1907, c. 1134, § 27.) Compromise of suits for
violations of act.
No suit or proceeding for a violation of the provisions of this Act
shall be settled, compromised, or discontinued without the consent of
the court in which it is pending, entered of record, with the reasons
therefor. (34 Stat. 907.)

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

A previous similar provision, relating to violations of Act Feb. 26, 1885,
c. 164, 23 Stat. 332, 333, was made by Act March 3, 1891, c. 551, § 2, 26
Stat 1084, but was superseded by Act March 3, 1903, c 1012, § 27, 32 Stat.
1220, which was re-enacted in the same language in this section, and was
repealed by section 43 of this act, post, I 4289.

Comp.St.'13-109 (1729)



Digitized by



Google



§ 4277 DiMioRATiON (Tit 29

4277,

The
ivest
rimii
907.)



§ 4277. (Act Feb. 20, 1907» c 1134, § 29.) Jurisdiction of courts.

The [Circuit and] district courts of the United States are hereby
invested with full [and concurrent] jurisdiction of all causes, civil and
criminal, arising under any of the provisions of this Act (34 Stat



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

The words "drcait and" and "and concurrent,** inclosed in braclcets In this
section, were superseded by the abolition of tl>e circuit courts and the trans-
fer of their powers and duties to the district courts by Jud. Code, ff 288, 291,
ante, || 1264-1266.

A similar provision relatinf to causes arisinf under Act March 8, 1801, c
GOl, was contained in section 18 of that act, 26 Sut 1066, but was super-
seded bj Act March 8, 1903, c 1012, | 29, 82 Stat 1220, relatiuf to causes
arisinf under that act, which was repealed bj section 48 of tliis act, post,
I 4289.

Jurisdiction of all suits and proceedings arising under anj law refulating
the immigration of aliens or under the contract labor laws was conferred
on the district courts, on the abolition of the circuit courts, bjr Jud. Code, |
24, par. 22, ante, | 991 (22).

§ 4278. (Act Feb. 25, 1913, c. 73, § 1.) Interior immigrant sUtiona.
For the purpose of making effective the power of establishing
rules and regulations for protecting the United States and aliens mi-
grating thereto from fraud and loss, conferred upon the Commissioner
General of Immigration, subject to the direction and with the ap-
proval of the Secretary of [Commerce and] Labor, by section twenty-
two of an Act entitled "An Act to regulate the immigration of aliens
into the United States," approved February twentieth, nineteen hun-
dred and seven, the Secretary of [Commerce and] Labor shall estab-
lish and maintain immigrant stations at such interior places as may
be necessary, and, in the discretion of the said Secretary, aliens in
transit from ports of landing to such interior stations shall be ac-
companied by immigrant inspectors: Provided, That nothing in this
Act shall be construed as authorizing the Commissioner General of
Immigration to pay the cost of transportation of any arriving alien.
(37 Stat. 682.)

This was the first section of an act entiUed, "An act to extend the power
of the Commissioner General of Immigration, subject to the approTal of the
Secretary of Commerce and Labor.*'

The words "Commerce and/' inclosed in brackets where thej occur twice
in this section, were superseded by the transfer to the head of the Depart-
ment of Labor of all duties performed and aii power and authority poss<»ssed
by the Secretary of Commerce and Labor over the Commissioner General of
Immigration, the commissioners of immigration, the Bureau of Immigratioii
and Naturalisation, and the Immigration Service at large, by the act creat-
ing the Department of Labor, Act March 4, 1913, c 141, If 1, 8, 8, ants,
§1 932, 934, 940.

SocUon 22 of Act Feb. 20, 1907, c 1184, mentioned in this aection. Is set
forth ante, | 959.

Section 2 of this act authorised and made an appropriation for the estabHsb-
ment in the city of Chicago of such a station as is described in this section.
It is omitted as temporary merely.

§ 4279. (Act Feb. 20, 1907, c. 1134, § 30.) DitpoMl of privileges
at immigrant stations ; sale of intoxicating liquors forbidden.
All exclusive privileges of exchanging money, transporting pas-
sengers or baggage, or keeping eating houses, and all other like
(1730)



Digitized by



Google



Ch. A) DiMIORATION § 4281

privileges in connection with any United States immigrant station,
shall be disposed of after public competition, subject to such condi-
tions and limitations as the Commissioner-General of Immigration, un-
der the direction or with the approval of the Secretary of [Commerce
and] Labor, may prescribe: Provided, That no intoxicating liquors
shall be sold in any such immigrant station ; that all receipts accruing
from the disposal of such exclusive privileges as herein provided shall
be paid into the Treasury of the United States to the credit of the
"immigrant fund'* provided for in section one of this Act. (34 Stat.
907.)

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 bead of the Department of Labor of aU
duties performed and all power and authority possessed by the Secretary of
Commerce and Labor over the Ck>mmi8sioner 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, §§ 1, 8, 8, ante, §| 932, 934, 940.

The provision of this section that the receipts from the disposal of the priv-
ileges should be paid into the Treasury to the credit of the '^immigrant fund"
was superseded by the provision that all moneys received from sources under the
immigration laws should be covered into the Treasury to the credit of mis-
cellaneous receipts, contained in Act March 4, 1909, c. 299, § 1, ante, § 4243.

A similar provision relating to the Ellis Island immigrant station was
made by Act March 3, 1893, c. 206, { 9, 27 Stat 571, but was superseded by
the more general provisions of Act March 3, 1903, c. 1012, { 30, 32 Stat. 1220,
which were re-enacted in this section, and were repealed by section 43 of this
act, post, i 4289.

§ 4280. (Act Feb. 20, 1907, c. 1134, § 31.) Jurisdiction of state and
local officers and courts over inunigrant stations.
For the preservation of the peace and in order that arrests may
be made for crimes under the laws of the States and Territories
of the United States where the various immigrant stations are
located, the officers in charge of such stations, as occasion may
require, shall admit therein the proper State and municipal officers
charged with the enforcement of such laws, and for the purpose of
this section the jurisdiction of such officers and of the local courts
shall extend over such stations. (34 Stat. 908.)

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

A previous similar provision was made by Act March 3, 1891, a 551, f 9, 26
Stat 1086, but was superseded by Act March 3, 1903, c. 1012, § 31, 32 Stat.
1220, which was re-enacted in this section, and was repealed by section 43 of
this act; post, | 4289.

§ 4281. (Act Feb. 20, 1907, c. 1134, § 32.) Rules for entry and in-
spection of aliens along the borders of Canada and Mexico;
contracts with foreign transportation lines.
The Commissioner-General of Immigration, under the direction
or with the approval of the Secretary of [Commerce and] Labor,
shall prescribe rules for the entry and inspection of aliens along the bor-
ders of Canada and Mexico, so as not to unnecessarily delay, impede,
or annoy passengers in ordinary travel between the United States and

(1731)



Digitized by



Google



§ 4281 IMMIGRATION (Tit 29

said countries, and shall have power to enter into contracts with trans-
portation lines for the said purpose. (34 Stat. 908.)

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

The words "Commerce and/' inclosed in brackets in this section, were snper-
seded by the transfer to the bead of the Department of Labor of all daties
performed and all power and authority possessed by the Secretary of Coi»-
merce and Labor over the Commissioner General of Immigration, the comokia-
sioners of immigration, the Bureau of Immigration and Naturalisation, and
the Immigration Service at large, by the act creating the Department ol
Labor, Act March 4, 1913, c 141, H 1» 8, 8, ante, ff 932, 934, 940.

A previous provision similar to that of this section Was made by Act Marrfa
8, 18.<>1. c. 551, I 8, 26 Stat. 1085, but was superseded by Act March 8. 1903,
c. 1012, I 32, 32 SUt 1221, which was re-enacted in this section, and re-
pealed by section 43 of this act, post, | 4289.

Agreements with transportation lines, as provided in this section, for the
payment of the head-money duty on aliens seeking admission overland, were
authorized by a proviso annexed to section 1 of this act, ante, I 4242.

§ 4282. (Act Feb. 20, 1907, c 1134, § 33.) Coiistruction of term
^'United States" for purpose of act; aliens coming from Isth-
mian Canal Zone.
For the purpose of this Act the term "United States" as used
in the title as well as in the various sections of this Act shall be
construed to mean the United States and any waters, territory, or
other place subject to the jurisdiction thereof, except the Isthmian
Canal Zone : Provided, That if any alien shall leave the canal zone and
attempt to enter any other place under the jurisdiction of the United
States, nothing contained in this Act shall be construed as permitting
him to enter under any other conditions than those applicable to all
aliens. (34 Stat. 908.)

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

A previous provision, similar to tliat part of this section preoedinf the wordi
''except the Isthmian Canal Zone," was made by Act March 8, 1903, c 1012,
I S:i, 32 Stat. 1221, repealed by section 43 of this act, post, | 4289.

The provisions of section 1 of this act, which imposes a tax on erery aliea
entering the United States, do not apply to aliens arrlTinf in Ooam, Porto
Rico, or Hawaii, by a proviso annexed to that section, ante, | 4242.

§ 4283. (Act Feb. 20, 1907, c. 1134, § 34.) Appointment of com-
missioner of immigration at New Orleans, L4L

The Commissioner-General of Immigration, with the approval of
the Secretary of [Commerce and] Labor, may appoint a commis-
sioner of immigration to discharge at New Orleans, Louisiana, the
duties now required of other commissioners of immigration at their
respective posts. (34 Stat. 908.)

Se^ notes to section 1 of this act, ante, i 4242.

Tho words **Commerce and,** inclosed in hrackets In this aection, were so-
per8(-ded by the transfer to the bead of the Department of Labor of all du-
ties performed and all power snd authority possessed by the Secretary of
Commerce and I^bor over the Commissioner General of Immigration, the com-



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 71 of 150)