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

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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 74 of 150)
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of customs at the port where such person is to land. There shall be de-
livered to the aforesaid captain a letter from the consular officer addressed
to the collector of customs aforesaid, and stating that said consular officer
has on a certain day delivered to the said captain a certificate of the right
of the person named therein to enter the United States as a Chinese official,
or other exempted person, as the case may be. And any captain who lands
or attempts to land a Chinese person in the United States, without having in
his possession a sealed certificate, as required in this section shall be liable
to the penalties prescribed in section nine of this act

"Sec. 3. That the provisions of this act shall apply to all persons of the
Chinese race, whether subjects of China or other foreign power, excepting '
Chinese diplomatic or consular officers and their attendants; and the words
•Chinese laborers,* whenever used in this act, shall be construed to mean
both skilled and unskilled laborers and Chinese employed in mining.

"Sec. 4. That the master of any vessel arriving in the United States from
any foreign port or place with any Chinese passengers on board shall, when
he delivers his manifest of cargo, and if there be no cargo, when he makes
legal entry of his vessel, and before landing or permitting to land any Chinese
person (unless a diplomatic or consular officer, or attendant of such of-
ficer), deliver to the collector of customs of the district in which the vessel
shall have arrived the sealed certificates and letters as aforesaid, and a sepa-
rate list of all Chinese persons taken on board at the time of arrival as afore-
said. Such list shall show the names of such persons and other particulars
as shown by their open certificates, or other evidences required by this act, and
such list shall be sworn to by the master in the manner required by law
in relation to the manifest of the cargo.

"The master of any vessel as aforesaid shall not permit any Chinese dip-
lomatic or consular officer or attendant of such officer to land without having
first been informed by the collector of customs of the official character of
such officer or attendant. Any refusal or willful neglect of the master of any
vessel to comply with the provisions of this section shall incur the same
penalties and forfeitures as are provided for a refusal or neglect to report
and deliver a manifest of the cargo."

"Sec 12. That before any Chinese passengers are landed from any such
vessel, the collector or his deputy, shall proceed to examine such passengers,
comparing the certificates with the list and with the passengers; and no

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CIlB) immigration § 4308

passenger shall be allowed to land in the United States from such Tessel in
▼iolation of law; and the collector shall in person decide all Questions in
dispute with repird to the right of any Chinese passenger to enter the United
States, and his decision shall be subject to review by the Secretary of the
Treasury, and not other¥rise."

''Sec. 15. That the act entitled "An act to execute certain treaty stipula-
tions relating to Chinese." approved May sixth, eighteen hundred and eighty-
two, and an act to amend said act, approved July fifth, eighteen hundred and
eighty-four, are hereby repealed to take effect upon the ratification of the
pending treaty as provided in section one of this act"

Since the pending treaty referred to in this last section was not ratified,
the repeal of the previous acts mentioned therein never became effective.

§ 4307. (Act Sept. 13, 1888, c. 1015, § 6.) Conditions under which
Chinese laborers may return.

No Chinese laborer within the purview of the preceding section
shall be permitted to return to the United States unless he has a
lawful wife, child, or parent in the United States, or property
therein of the value of one thousand dollars, or debts ot like
amount due him and pending settlement. The marriage to such
wife must have taken place at least a year prior to the application
of the laborer for a permit to return to the United States, and
must have been followed by the continuous cohabitation of the
parties as man and wife.

If the right to return be claimed on the ground of property or of
debts, it must appear that the property is bona fide and not colorably
acquired for the purpose of evading this act, or that the debts are
unascertained and imsettled, and not promissory notes or other sim-
ilar acknowledgments of ascertained liability. (25 Stat. 477.)
See note to section 6 of tliis act, ante, § 4306.

§ 4308. (Act Sept 13, 1888, c. 1015, § 7.) Identification of Chi-
nese laborers claiming right to leave and return; certificates;
limitation of time for return; ports at which Chinese may
enter.
A Chinese person claiming the right to be permitted to leave
the United States and return thereto on any of the grounds stated
in the foregoing section, shall apply to the collector of customs
of the district from which he wishes to depart at least a month
prior to the time of his departure, and shall make on oath before the
said collector a full statement descriptive of his family, or property^
or debts, as the case may be, and shall furnish to said collector such
proofs of the facts entitling him to return as shall be required by the
rules and regulations prescribed from time to time by the Secretary
of the Treasury, and for any false swearing in relation thereto he
shall incur the penalties of perjury. He shall also permit the col-
lector to take a full description of his person, which description the
collector shall retain and mark with a number. And if the collector,
after hearing the proofs and investigating all the circumstances of
the case, shall decide to issue a certificate of return, he shall at such
time, and place as he may designate, sign and give to the person ap-
plying a certificate containing the number of the description last
aforesaid, which shall be the sole evidence given to such person of
his right to return. If this last named certificate be transferred, it

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S 4806 DCMiORATioii (Tit 29

shall become void, and the person to whom it was given shall forfeit
his right to return to the United States. The right to return under
the said certificate shall be limited to one year; but it may be ex-
tended for an additional period, not to exceed a year, in cases where,
by reason of sickness or other cause of disability beyond his control,
the holder thereof shall be rendered unable sooner to return, which
facts shall be fully reported to and investigated by the consular rep-
resentative of the United States at the port or place from which such
laborer departs for the United States, and certified by such repre-
sentative of the United States to the satisfaction of the collector of
customs at the port where such Chinese person shall seek to land
in the United States, such certificate to be delivered by said repre-
sentative to the master of the vessel on which he departs for the
United States. And no Chinese laborer shall be permitted to re-
enter the United States without producing to the proper officer of
the customs at the port of such entry the return certificate herein re-
quired. A Chinese laborer possessing a certificate under this sec-
tion shall be admitted to the United States only at the port from
which he departed therefrom, and no Chinese person, except Chinese
diplomatic or consular officers, and their attendants, shall be permit-
ted to enter the United States except at the ports of San Francisco,
Portland, Oregon, Boston, New York, New Orleans, Port Town-
send, or such other ports as may be designated by the Secretary of
the Treasury. (25 Stat. 477.)

See nott to Mction 6 of this act, ante, | 4S0Q.

§ 4309. (Act Sept. 13, 1888, c. 1015, § 8.) Regulations, etc, to be
prescribed by Secretary of Treasury.
The Secretary of the Treasury shall be, and he hereby is, au-
thorized and empowered to make and prescribe, and from time to
time to change and amend such rules and regulations, not in con-
flict with this act, as he may deem necessary and proper to con-
veniently secure to such Chinese persons as are provided for in
articles second and third of the said treaty between the United
States and the Empire of China, the rights therein mentioned, and
such as shall also protect the United States against the coming
and transit of persons not entitled to the benefit of the provisions
of said articles. And he is hereby further authorized and empow-
ered to prescribe the form and substance of certificates to be is-
sued to Chinese laborers under and in pursuance of the provisions
of said articles, and prescribe the form of the record of such cer-
tificate and of the proceedings for issuing the same, and he may
require the deposit, as a part of such record, of the photograph
of the party to whom any such certificate shall be issued. (25
Stat. 478.)

See note to aection 6 of thii act, ante, | 4306, aa to effect of faflare of
ratification of the treaty referred to in thia aection.

§ 4310. (Act Sept. 13, 1888, c. 1015, § 9.) Masten of vessels land-
ing Chinese in contravention of act, punishable.
The master of any vessel who shall knowingly bring within the
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Ch. B) IMMIGRATION § 4313

United States on such vessel, and land, or attempt to land, or per-
mit to be landed any Chinese laborer or other Chinese person, in
contravention of the provisions of this act, shall be deemed guilty
of a misdemeanor and, on conviction thereof, shall be punished with
a fine of not less than five hundred dollars nor more than one thou-
sand dollars, in the discretion of the court, for every Chinese laborer
or other Chinese person so brought, and may also be imprisoned for
a term of not less than one year, nor more than five years, in the dis-
cretion of the court. (25 Stat. 478.)

See note to section 5 of this act, ante, S 4306.

Provisions somewhat similar to those of this section were made by Act May
6, 1882, c 126, S 2, aB amended by Act July 6, 1884, c. 220, ante, f 4291.

§ 4311. (Act Sept, 13, 1888, c. 1015, § 10.) Masters of vessels in

distress excepted from foregoing section*
The foregoing section shall not apply to the case of any master
whose vessel shall come within the jurisdiction of the United
States in distress or under stress of weather, or touching at any
port of the United States on its voyage to any foreign port or
place. But Chinese laborers or persons on such vessels shall not be
permitted to land, except in case of necessity, and must depart with
the vessel on leaving port. (25 Stat. 478.)

See note to section 5 of this act, ante, { 4306.

A similar exception was contained in Act May 6, 1882, c. 126, f 3, as amend-
ed by Act July 5, 1884, c. 220, ante, I 4292.

§ 4312. (Act Sept 13, 1888, c. 1015, § 11.) Altering name in or
forging certificate, or false personation of person named there-
in, pimishable.
Any person who shall knowingly and falsely alter or substi-
tute any name for the name written in any certificate herein re-
quired, or forge such certificate, or knowingly utter any forged or
fraudulent certificate, or falsely personate any person named in any
such certificate, and any person other than the one to whom a cer-
tificate was issued who shall falsely present any such certificate, shall
be deemed guilty of a misdemeanor, and upon conviction thereof
shall be fined in a sum not exceeding one thousand dollars, and
imprisoned in a penitentiary for a term of not more than five years.
(25 Stat. 478.)

See note to section 6 of this act, ante, § 4306.

ProTisions similar to a great extent to those of this section were made by
Act May 6, 1882, c. 126, f 7, ante, § 4294. And similar provisions relating
to certificates of residence were made by Act May 5, 1892, c. 60, f 8» post, f
4822.

§ 4313. (Act Sept. 13, 1888, c. 1015, § 13.) Arrest and removal of
Chinese unlawfully in United States.
Any Chinese person, or person of Chinese descent, found un-
lawfully in the United States, or its Territories, may be arrested
upon a warrant issued upon a complaint, under oath, filed by
any party on behalf of the United States, by any justice, judge, or
commissioner of any United States court, returnable before any jus-
tice, judge, or commissioner of a United States court, or before any
United States court, and when convicted, upon a hearing, and found

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§ 431S noaoBATioii (Tit. 29

and adjudged to be one not lawfully entitled to be or remain in the
United States, such person shall be removed from the United States
to the country whence he came. But any such Chinese person con-
victed before a commissioner of a United States court may, within
ten davs from such conviction, appeal to the judge of the district
court for the district. A certified copy of the judgment shall be the
process upon which said removal shall be made, and it may be exe-
cuted by the marshal of the district, or any officer having authoritv
of a marshal under the provisions of this section. And in all such
cases the person who brought or aided in bringing such person into
the United States shall be liable to the Government of the United
States for all necessary expenses incurred in such investigation and
removal ; and all peace officers of the several States and Territories
of the United States are hereby invested with the same authority in
reference to carrying out the provisions of this act, as a marshal or
deputy marshal of the United States, and shall be entitled to like
compensation, to be audited and paid by the same officers. (25
But. 479.)

See Dote to tectioii 6 of tbit act, ante, S ^290.

SabeegaeDt proviaiont relating to the removal of Chinese not lawfaUj Ic
the United States, and specifying the place or places to which thej shaU be
removed, are contained in Act May 5, 1802, c. eO, { 2, post, | 4816w

Chinese ordered deported by judicial writ are to be delivered Into tbe
custody of an officer designated for that porpose, by a provision of Act Jnoe
28, 19ia, c 8, I 1, post, S 4841.

§ 4314. (Act Sept. 13, 1888» c. 1015, § 14.) Chinese diplomatk
and consular officers excepted from preceding sections.
The preceding sections shall not apply to Chinese diplomatic
or consular officers or their attendants, who shall be admitted to
the United States under special instructions of the Treasury De-
partment, without production of other evidence than that of per-
sonal identity. (25 Stat. 479.)

See note to section 6 of this act, ante, | 4290.

An exception somewhat similar was contained in Act Ifay 6, 1882, e. 1%
S 13, as amended by Act July 5, 1884, c 220, ante, S 4800, and also in Act
May 6, 1892, a 60, S 2, post, S 4310.

§ 4315. (Act May 5, 1892, c. 60, § 1.) Laws prohibiting coming
of Chinese continued.
All laws now in force prohibiting and regulating the coming
into this country of Chinese persons and persons of Chinese de-
scent are hereby continued in force for a period of ten years from
the passage of this act. (27 Stat. 25.)

This section and the eight sections next followinf were an act entitled "An
act to prohibit the coming of Chinese persons into the United States.^

The laws referred to and continaed in force by this section were Act May
6. 1882, c 126, as amended by Act July 5, 1884, c 220, ante, || 4290-13(12,
which suspended for ten years the coming of Chinese laborers into tlie Ignited
States; such provisions of Act Sept 13, 18H8, c. 1016, as became operatiTe
notwithsUnding the failure of ratification of the treaty referred to therein,
ante, || 4300-4314; and Act Oct« 1, 1888, c 1064, ante, U 4303-i305, a
supplement to Act May 6, 1882, c 126.

Other provisions prohibiting the transportation or importation of aobjects

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Cb. B) IMMIGRATION § 4317

of China, etc., as coolies, or without their conaent, were contained in Rev.
St. If 2168-2163, post, ff 4342-4347.

The immigration of Chinese laborers, except under conditions specified, was
further prohibited by the convention of December 7, 1894, betnreen the United
States and China, post, f§ 4326-1331.

The proTisions of this act, and all laws prohibiting and regulating the com-
ing of Chinese into the United States and their residence therein, in force
at the time, were re-enacted, extended, and continued, and were also made
applicable to the island territory under the jurisdiction of the United States,
by Act April 29, 1902, c 641, I 1, post, f 4337.

On the establishment of the Department of Commerce and Labor and the
transfer thereto from the Treasury Department of the Immigration Service,
by Act Feb. 14, 1903, c 552, ante, under Title XII A, '*The Department of
Commerce," the authority, power, and jurisdiction possessed and exercised by
the Secretary of the Treasury by any law in relation to the exclusion from
and the residence within the United States, its territories, and the District
of Columbia, of Chinese and persons of Chinese descent were transferred to
and conferred upon the Secretary of Commerce and Labor, and the authority,
power, and jurisdiction in relation thereto vested by law or treaty in the
collectors of customs and the collectors of internal revenue were conferred
upon and vested in such officers under the control of the Commissioner-Gen-
eral of Immigration, as the Secretary of Commerce and Labor might designate
therefor, by provisions of section 7 of that act, ante, i 858.

On the creation of the Department of Labor, the Commissioner-General of
Immigration, the commissioners of immigration, the Bureau of Immigration
and Naturalization and the Immigration Service at large, were transferred
to that Department, and the duties and powers of the Secretary of Commerce
and Labor with reference thereto were transferred to the Secretary of Labor,
by Act March 4, 1913, c. 141, f I 1, 3, 8, ante, f § 932, 934, 940.

§ 4316. (Act May 5, 1892, c. 60, § 2.) Removal of Chinese not
entitled to be or remain in United States.
Any Chinese person or person of Chinese descent, when con-
victed and adjudged under any of said laws to be not lawfully
entitled to be or remain in the United States, shall be removed
from the United States to China, unless he or they shall make it
appear to the justice, judge, or commissioner before whom he or
they are tried that he or they are subjects or citizens of some other
country, in which case he or they shall be removed from the
United States to such country : Provided, That in any case where
such other country of which such Chinese person shall claim to be
a citizen or subject shall demand any tax as a condition of the
removal of such person to that country, he or she shall be removed
to China. (27 Stat. 25.)

See notes to section 1 of this act, ante, § 4315.

Provisions somewhat similar to those of this section were contained in Act
Sept. 13, 1888, c. 1015, { 13, ante, § 4313, and were superseded by this section.
The designation of a commissioner, before whom a Chinese person arrested
for being unlawfully within or for having unlawfully entered the United
States should be taken for hearing, the fee of the commissioner for hearing
and deciding such case, and the issuance of warrants of arrest for violations
of the Chinese exclusion laws, were provided for by Act March 3, 1901, c. 845,
post,f§ 4332-4334.

§ 4317. (Act May 5, 1892, c. 60, § 3.) Chinese person arrested

must prove right to remain.

Any Chinese person or person of Chinese descent arrested under

the provisions of this act or the acts hereby extended shall be

adjudgred to be unlawfully within the United States unless such

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§ 4317 IMMIGRATION (Tit. 29

person shall establish, by affirmative proof, to the satisfaction of
such justice, judge, or commissioner, his lawful right to remain in
the United States. (27 Stat. 25.)

See notes to section 1 of this act, ante, i 4315.

§ 4318. (Act May 5, 1892, c. 60, § 4.) Chinese unlawfully in
United States punishable.
Any such Chinese person or person of Chinese descent convicted
and adjudged to be not lawfully entitled to be or remain in the
United States shall be imprisoned at hard labor for a period of
not exceeding one year and thereafter removed from the United
States, as hereinbefore provided. (27 Stat. 25.)
See notes to section 1 of this act, ante, { 4315.

The provision of this section for imprisonment at hard labor before deporta-
tion was held unconstitntional in Wong Wing y. U. S., 163 U. S. 228, 16 Sup.
Ct 977, 41 L. Ed. 140.

§ 4319. (Act May 5, 1892, c. 60, § 5.) Habeas corpus proceedings
by Chinese denied landing; bail not allowed.

After the passage of this act on an application to any judge or
court of the United States in the first instance for a writ of ha-
beas corpus, by a Chinese person seeking to land in the United
States, to whom that privilege has been denied, no bail shall be
allowed, and such application shall be heard and determined
promptly without unnecessary delay. (27 Stat. 25.)
See notes to section 1 of this act, ante, { 4315.

A provision that in every case where an alien was excluded from admis-
sion into the United States under any law or treaty then existing or thereafter
made, the decision of the appropriate immigration officers, if adverse to the
admission of such alien, should be final, unless reversed on appeal to the
Secretary of Commerce and Labor (now the Secretary of Labor), was made by
the Immigration Act of Feb. 20, 1007, c 1134, { 25, ante, § 4274.

§ 4320. (Act May 5, 1892, c. 60, § 6, as amended, Act Nov. 3, 1893,
c. 14, § 1.) Certificates of residence; arrest and deportation
of Chinese laborers not having certificate.
It shall be the duty of all Chinese laborers within the limits of
the United States who were entitled to remain in the United
States before the passage of the act to which this is an amendment
to apply to the collector of internal revenue of their respective dis-
tricts within six months after the passage of this act for a certificate
of residence ; and any Chinese laborer within the limits of the Unit-
ed States who shall neglect, fail, or refuse to comply with the provi-
sions of this act and the act to which this is an amendment, or who,
after the expiration of said six months, shall be found within the
jurisdiction of the United States without such certificate of residence,
shall be deemed and adjudged to be unlawfully within the United
States, and may be arrested by any United States customs official,
collector of internal revenue or his deputies. United States marshal
or his deputies, and taken before a United States judge, whose duty
it shall be to order that he be deported from the United States, as
provided in this act and in the act to which this is an amendment;
unless he shall establish clearly to the satisfaction of said judge that
by reason of accident, sickness, or other unavoidable cause he has
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Ch. B) IMMIGRATION § 4321

been unable to procure his certificate, and to the satisfaction of said
United States judge, and by at least one credible witness other than
Chinese, that he was a resident of the United States on the fifth of
May, eighteen hundred and ninety-two; and if, upon the hearing, it
shall appear that he is so entitled to a certificate, it shall be granted
upon his paying the cost. Should it appear that said Chinaman had
procured a certificate which has been lost or destroyed, he shall be
detained and judgment suspended a reasonable time to enable him
to procure a duplicate from the officer granting it, and in such cases
the cost of said arrest and trial shall be in the discretion of the court ;
and any Chinese person, other than a Chinese laborer, having a right
to be and remain in the United States, desiring such certificate as
evidence of such right, may apply for and receive the same without
charge ; and that no proceedings for a violation of the provisions of
said section six of said act of May fifth, eighteen hundred and ninety-
two, as originally enacted, shall hereafter be instituted, and that all
proceedings for said violation now pending are hereby discontin-
ued: Provided, That no Chinese person heretofore convicted in
any court of the States or Territories or of the United States of a
felony shall be permitted to register under the provisions of this act ;
but all such persons who are now subject to deportation for failure
or refusal to comply with the act to which this is an amendment
shall be deported from the United States as in said act and in this



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 74 of 150)