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 75 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 75 of 150)
Font size
QR-code for this ebook


act provided, upon any appropriate proceedings now pending or
which may be hereafter instituted. (27 Stat. 25. 28 Stat. 7.)

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

This section was amended by Act Nov. 3, 1893, c. 14, f 1, cited above, by
numerous changes in the language, the principal effect of which was to ex-
tend the time for application for the certificate required, which, by the sec-
tion as originally enacted, was one year after the passage of the act, to six
months after the passage of the amendatory act, and by adding the provisions
relating to proceedings under the original act, beginning with the words *'and
that no proceedings for a violation of the provisions of said section six," etc.,
to the end of the section as set forth here.

The proviso, beginning "Provided, That no Chinese person heretofore con-
victed," etc, was not included within the quotation marks indicating the ex-
tent of the amendment of this section as printed in the volume of the Statutes
at Large containing the amendatory act (28 Stat 8). It is however, so nearly
related to the subject-matter of this section as amended that it is retained
here.

The word "laborer," as used in this act, was defined, and further provisions
relating to the execution of orders of deportation, and the requisites of cer-
tificates of residence, were made, by Act Nov. 3, 1893, c. 14, f 2, post, § 4324.

See, as to transfer of authority, powers, etc., in relation to Chinese ex-
clusion, etc., of collectors of customs and collectors of internal revenue, to
other oflBcers, notes under section 1 of this act, ante, { 4315.

Provisions for the issuance of certificates of residence to Chinese in Hawaii
were made by Act April 30, 1900, c. 339, § 101, post, f 4336, and to those in
the other insular possessions, by Act April 29, 1902, c. 641, { 4, post, § 4339.

§ 4321. (Act May 5, 1892, c. 60, § 7.) Regulations, etc., to be pre-
scribed for execution of act.
Immediately after the passage of this act, the Secretary of the
Treasury shall make such rules and regulations as may be neces-
sary for the efficient execution of this act, and shall prescribe the

(1753)



Digitized by



Google



§ 4321 noaoBATioif (Tit 29

necessary forms and furnish the necessary blanks to enable col-
lectors of internal revenue to issue the certificates required hereby,
and make such provisions that certificates may be procured in local-
ities convenient to the applicants, such certificates shall be issued
without charge to the applicant, and shall contain the name, age,
local residence and occupation of the applicant, and such other de-
scription of the applicant as shall be prescribed by the Secretary of
the Treasury, and a duplicate thereof shall be filed in the office of
the collector of internal revenue for the district within which such
Chinaman makes application. (27 Stat 26.)

See notes to fection 1 of tbii act, ante, S 4815.

See, alao, as to transfer of duties and powers, in relation to Chinese ex-
dasion, etc., of the Secretary of the Treasury to the Secretary of Labor, and
of the aathority, etc., in relation thereto, of coUectors of internal reTenne, to
other officers, notes onder section 1 of this act, ante, { 4815.

Further requirements as to certificates of residence, and as to the photo-
graph of the applicant to be contained therein, were made by Act Not. S,
1898, c 14, S 2, post, S 4824.

§ 4322. (Act May 5, 1892, c. 60» § 8.) Altering name in ot forging
certificate, or false personation of person named therein, pun-
ishable.
Any person who shall knowingly and falsely alter or substitute
any name for the name written in such certificate or forge such
certificate, or knowingly utter any forged or fraudulent certifi-
cate, or falsely personate any person named in such certificate, shall
be guilty of a misdemeanor, and upon conviction thereof shall be
fined in a sum not exceeding one thousand dollars or imprisoned in
the penitentiary for a term of not more than five years. (27
Stat 26.)

See note to section 1 of this act, ante, | 4815.

Similar provisions relating to certificates of identification were made by
Act May 6, 1882, c. 126, S 7, ante, S 4294, and by Act Sept 18, 1888, a lOlfi,
S 11, ante, | 4312.

f 4323. (Act May 5, 1892» c 60, § 9.) Compensation to officer*
<or services under act
The Secretary of the Treasury may authorize the payment of
such compensation in the nature of fees to the collectors of in-
ternal revenue, for services performed under the provisions of this
act in addition to salaries now allowed by law, as he shall deem nec-
essary, not exceeding the sum of one dollar for each certificate is-
sued. (27 Stat. 26.)

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

The provisions of this section, so far as they anthorited payment of com-
pensation to collectors of internal revenue, and subsequent proyisions relatinf
thereto of Res. Dec. 7, 1893, No. 1, 28 Sut 575, and Res. April 4, 1894, No.
19, 28 Stat 581, were superseded by the transfer of the duties and powers,
in relation to Chinese exclusion, of the Secretary of the Treasury to the Secre-
tary of Labor, and of the authority, etc, in relation thereto, of collectors of
internal rerenne, to other officers, as stated in notes to section 1 of this act,
ante, | 4315.

Certificates were to bs issued without charge to tha applicant l^ a proriaioa
of section 7 of this act, ante, I 4321.

(1764)



Digitized by



Google



Ch. B) IMMIGRATION § 4324

§ 4324. (Act Nov. 3, 1893, c. 14, § 2.) 'TLaborer^ and "mer-
chant" defined; proof required for entrance of merchant; de-
portation; certificate of residence to contain photograph.

The words "laborer" or "laborers," wherever used in this act,
or in the act to which this is an amendment, shall be construed
to mean both skilled and unskilled manual laborers, including Chi-
nese employed in mining, fishing, huckstering, peddling, laundry-
men, or those engaged in taking, drying, or otherwise preserving
shell or other fish for home consumption or exportation.

The term "merchant," as employed herein and in the acts of which
this is amendatory, shall have the following meaning and none other:
A merchant is a person engaged in buying and selling merchandise,
at a fixed place of business, which business is conducted in his name,
and who during the time he claims to be engaged as a merchant,
does not engage in the performance of any manual labor, except
such as is necessary in the conduct of his business as such merchant.
Where an application is made by a Chinaman for entrance into the
United States on the ground that he was formerly engaged in this
country as a merchant, he shall establish by the testimony of two
credible witnesses other than Chinese the fact that he conducted
such business as hereinbefore defined for at least one year before his
departure ftom the United States, and that durine such year he was
not engaged in the performance of any manual labor, except such as.
was necessary in the conduct of his business as such merchant, and
in default of such proof shall be refused landing.

Such order of deportation shall be executed by the United States
Marshal of the district within which such order is made, and he shall
execute the same with all convenient dispatch ; and pending the exe-
cution of such order such Chinese person shall remain in the custody
of the United States Marshal, and shall not be admitted to bail.

The certificate herein provided for shall contain the photograph of
the applicant, together with his name local residence and occupation,
and a copy of such certificate, with a duplicate of such photograph
attached, shall be filed in the office of the United States Collector of
Internal Revenue of the district in which such Chinaman makes ap-
plication.

Such photographs in duplicate shall be furnished by each appli-
cant in such form as may be prescribed by the Secretary of the
Treasury. (28 Stat. 8.)

This section was part of an act entitled "An act to amend an act entitled
'An act to prohibit the coming of Chinese persons into the United States/
approved May fifth, Eighteen hundred and Ninety-two."

Section 1 of this act amended section 6 of the act referred to in said title,
to read as set forth ante, f 4320.

Previous provisions relating to the construction of the word "laborer" were
contained in Act May 6, 1882, c 126, I 15, as amended by Act July 5, 1884,
c. 220, ante, § 4320, and in Act Sept 13, 1888, c 1015, { 3, quoted in note
to section 5 of said act, ante, { 4306.

Previous provisions relating to the construction of the word "merchant"
were contained in Act May 6, 1882, c 126, | 6, as amended by Act July 5,
1882, c. 220, ante, I 4203.
The order of deportation referred to in this section was provided for by

(1755)



Digitized by



Google



§ 4324 nnaoBATiON (Tit. 29

Act May 5, 1892, e. 60, | 6, ai amended by tection 1 of tbts act, ante, I 4320.

Certificates of residence referred to in this section wert proTidsd for by
Act May 5, 1S92, c. 60, U 6, 7, ante, H 4320, 4321.

The provisions of this Act, like those of Act May 5, 1892, a 60, wbicb it
amended and all laws prohibiting and regolating the comini; 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 onder the jurisdiction of the United States, by Act April 29, llKlX
c. 641, J 1. post, f 4337.

See, as to transfer of daties and powers, in relation to Chinese exchi^ion,
etc, of the Secretary of the Treasury to the Secretary of Labor, notes to
Act May 6, c 60, S 1« ^te, S 4315.

§ 4325. (Act Aug. 18, 1894, c 301, § 1.) Decisions of immigra-
tion officers excluding from admission final unless reversed on
appeaL
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 or customs officers, if
adverse to the admission of such alien, shall be final, unless reversed
on appeal to the Secretary of the Treasury. (28 Stat. 390.)

This was a proviaion of the aundry civil appropriation act for the fiaral year
1895, cited above.

The provision applied in terms to decisions excladins aoy alien, bnt it was
•nperseded, aa to cases of immigrants generaliy, by provisions for their ex-
amination by immigrant inspectors and boards of special inquiry, also makiof
the decisions of the appropriate immigration officers, if adverse to admiraicin,
final, unless reversed on appeal to the Secretary of Commerce and Labor,
made by Act March 3. 1903, c. 1012, i| 24, 25. 32 Stat. 1219, 1220, and
Act Feb. 20, 1907, c 1134, || 24, 25, ante, f| 4274, 4275. But this provision
may be regarded aa remaining in force aa applicable to decisions excluding
Chinese persons.

§ 4326. (Convention vnth China, Dec. 8» 1894, Art I.) Coming
of Chinese latxMrera to United States to be prohibited.
The High Contracting Parties agjee that for a period of ten
years, beginning with the date of the exchange of the ratifications
of this Convention, the coming, except under the conditions herein-
after specified, of Chinese laborers to the United States shall be abso-
lutely prohibited. (28 Stat. 1210.)

A preamble to this convention was as follows :

"Whereas, on the 17th day of November A. D. 1880. and of Kwanxfasn, the
sixth year, tenth moon« fifteenth day, a Treaty was concluded between the
United States and China for the purpose of relating, limiting, or su9[)end-
ing the coming of Chinese laborers to, and their residence in, the V cited
Sutes;

**And whereas the GoTemment of China, in yiew of the antagonism and
much deprecated and serious disorders to which the prcseuce of Chinese la-
borers has given rise in certain parts of the United Staten, desires to prohibit
the emigration of such laborers from China to the Ignited States;

"And wbereaa the two Governments desire to cooperate in prohibiting such
•migration, and to strengthen in other ways the bonds of friendhhip between
the two countries;

"And whereas the two Governments are desirous of adopting reciprocal
measures for the better protection of the citizens or subjects of each within
the jurisdiction of the other:

"Now, therefore, the President of the United States haa appointed Walter
Q. Gresham, Secretary of State of the United SUtes, as his Plenipotentiary,
and His Imperial Blajeaty, the Emperor of China has appointed Yang YUt

(1756)



Digitized by



Google



Ch. B) IMMIGRATION § 4327

officer of the second rank, Sub-Director of the Court of Sacrificial Worship,
and Envoy Extraordinary and Minister Plenipotentiary to the United States
of America, as his Plenipotentiary ; and the said Plenipotentiaries having ex-
hibited their respective Full Powers found to be in due and good form, liave
agreed upon the following articles:"

The convention was signed at Washington March 17, 1894; ratification ad-
vised by the Senate August 13, 1894; ratified by the President August 22,
1894; ratifications exchanged at Washington December 7, 1894; and ratifica-
tion proclaimed December 8, 1894.

The Secretary of the Treasury was authorized to make rules and regulations
to execute the provisions of this treaty, by Act April 29, 1902, c. 641, § 2,
post, § 4338. But the authority possessed and exercised by the Secretary of
the Treasury by virtue of any law in relation to the exclusion from and
residence within the United States, its territories, and tiie District of Ck)lum-
bia, of Chinese and persons of Chinese descent, was transferred to and con-
ferred upon the Secretary of Commerce and Labor, by a provision of the
act establishing the Department of Commerce and Labor, Act Feb. 14, 1903,
c 552, § 7, ante, f 858.

On the establishment of the Department of LaHor the powers and duties
of the Secretary of Commerce and Labor, with reference to the laws relating
to the exclusion from and residence within the United States, its territories,,
and the District of Columbia, were transferred to and conferred upon the
Secretary of Labor, by Act March 4, 1913, { 8, ante, { 940.

The coming of Chinese laborers to the United States was suspended for
a period of ten years by Act May 6, 1882, c. 126, § 1, as amended by Act
July 5, 1884, c. 220, ante, S 4290; and the laws in force on the subject were
continued for a period of ten years by Act May 5, 1892, c. 60, § 1, ante, §
4318, and were again re-enacted, extended, and continued without limitation
and were made applicable to the island territory under the jurisdiction of
the United States by Act April 29, 1902, c 641, f 1, post, S 4337.

§ 4327. (Convention with China, Dec. 8, 1894, Art. II.) Preced-
ing article not to apply to return to United States of certain
laborers; certificates of right to return; limitation of time for
return.
The preceding Article shall not apply to the return to the
United States of any registered Chinese laborer who has a lawful
wife, child, or parent in the United States, or property therein of the
value of one thousand dollars, or debts of like amount due him and
pending settlement. Nevertheless every such Chinese laborer shall,
before leaving the United 3tates, deposit, as a condition of his re-
turn, with the collector of customs of the district from which he
departs, a full description in writing of his family, or property, or
debts, as aforesaid, and shall be furnished by said collector with such
certificate of his right to return under this Treaty as the laws of the
United States may now or hereafter prescribe and not inconsistent
with the provisions of this Treaty ; and should the written description
aforesaid be proved to be false, the right of return thereunder, or of
continued residence after return, shall in each case be forfeited. And
such right of return to the United States shall be exercised within
one year from the date of leaving the United States ; but such right
of return to the United States may be extended for an additional pe-
riod, not to exceed one year, in cases where by reason of sickness
or other cause of disability beyond his control, such Chinese laborer
shall be rendered unable sooner to return — which facts shall be
fully reported to the Chinese consul at the port of departure, and by
him certified, to the satisfaction of the collector of the port at which

(1757)



Digitized by



Google



§ 4827 noaoBATiON (Tit 29

such Chinese subject shall land in the United States. And no such
Chinese laborer shall be permitted to enter the United States by
land or sea without producing to the proper officer of the customs the
return certificate herein required. (28 Stat. 1210.)

See note to Art I of this treaty, ante, | 4320.

Provisiunt for return of Cbineae laborers under conditions similar to tboae
prescribed by tbis article, and relating to certificates, time for retam, etc^
were contained in Act Sept 18. 18^8. c 1016, f^ ft, 7, ante. |i 4307. 4308.

Tbis article superseded tbe provisions forbidding tbe return of Chinese la-
borers of Act Oct 1, 1888, c. 1064, | 1, ante. { 4303, in so far as those
provisions referred to laborers of tbe classes described in this article.

§ 4328. (Convention with China, Dec. 8* 1894, Art III.) Classes
of Chinese permitted to enter; privilege of transit of laborers.

The provisions of this Convention shall not affect the right at
present enjoyed of Chinese subjects, being officials, teachers, stu-
dents, merchants or travelers for curiosity or pleasure, but not
laborers, of coming to the United States and residing therein. To
entitle such Chinese subjects as are above described to admission
into the United States, they may produce a certificate from their
Government or the Government where they last resided vised by the
diplomatic or consular representative of the United States in the
country or port whence they depart.

It is also agreed that Chinese laborers shall continue to enjoy the
privilege of transit across the territorv of the United States in the
course of their journey to or from other countries, subject to such
regulations by the Government of the United States as may be neces-
sary to prevent said privilege of transit from being abused. (28
Stat 1211.)

See note to Art I of this treaty, ante, | 4328.

Provisions for the coming to tbe United States of Chineae other than
laborers, and for certificates of identity of such persons, were made by Act
May e, 1882, c. 126, S 6, as amended by Act July 5, 1884, c. 220, ante, |
421)3, and Act Sept. 13, 1888, c 1015, S 2, quoted in note to Act Sept. 13,
1888, c. 1015, S 5, ante, S 4312.

The words *iaborer" and **merchant^ as used in thoM acta, ware defined
in Act Nov. 8, 1883, c 14, S 2, ante, S 4324.

§ 4329. (Convention with China, Dec. 8, 1894, Art IV.) Pro-
tection of Chinese in United States.

In pursuance of Article III of the Immigration Treaty between
the United States and China, signed at Peking on the 17th day of
November, 1880, (the 15th day of the tenth month of Kwanghsu,
sixth year) it is hereby understood and agreed that Chinese la-
borers or Chinese of any other class, either permanently or tem-
porarily residing in the United States, shall have for the protec-
tion of their persons and property all rights that are given by the
laws of the United States to citizens of the most favored nation, ex-
cepting the right to become naturalized citizens. And the Govern-
ment of the United States reaffirms its obligation, as stated in said
Article III, to exert all its power to secure protection to the persons

(1758)



Digitized by



Google



Ch. B) IMMIGRATION § 4332

and property of all Chinese subjects in the United States. (28

Stat. 1211.)

See note to Art I of this treaty, ante, S 4326.

Article III of the treaty of November 17, 1880, 22 Stat 820, referred to
in this article, was as follows: '*If Chinese laborers, or Chinese of any
other class, now either permanently or temporarily residing in the territory
of the United States, meet with ill-treatment at the hands of any other per-
sons, the GoTemment of the United States will exert all its power to devise
measures for their protection and to secure to them the same rights, privileges,
immunities, and exemptions as may be enjoyed by the citizens or subjects
of the most favored nation, and to which they are entitled by treaty."

§ 4330. (Convention with China, Dec. 8, 1894, Art. V.) Registra-
tion of Chinese laborers in United States, and of citizens of
United States in China.
The Government of the United States, having by an Act of
the Congress, approved May 5, 1892, as amendea by an Act ap-
proved November 3, 1893, required all Chinese laborers lawfully
within the limits of the United States before the passage of the first
named Act to be registered as in said Acts provided, with a view of
affording them better protection, the Chinese Government will not
object to the enforcement of such acts, and reciprocally the Govern-
ment of the United States recognizes the right of the Government
of China to enact and enforce similar laws or regulations for the
registration, free of charge, of all laborers, skilled or unskilled, (not
merchants as defined by said Acts of Congress), citizens of the United
States in China, whether residing within or without the treaty ports.
And the Government of the United States agree that within twelve
months from the date of the exchange of the ratifications of this
Convention,' and annually, thereafter, it will furnish to the Govern-
ment of China registers or reports showing the full name, age, occu-
pation and number or place of residence of all other citizens of the
United States, including missionaries, residing both within and with-
out the treaty ports of China, not including, however, diplomatic
and other officers of the United States residing or travelling in
China upon official business, together with their body and household
servants. (28 Stat. 1211.)

See note to Art I of this treaty, ante, ( 4326.

Act May 5, 1892, c 60, I 6, as amended by Act Nov. 3, 1893, c 14, is set
forth ante, f 4293.

§ 4331. (Convention with China, Dec. 8, 1894, Art VI.) Time
convention to remain in force; notice of termination.
This Convention shall remain in force for a period of ten years
beginning with the date of the exchange of ratifications, and, if six
months before the expiration of the said period of ten years, nei-
ther Government shall have formally given notice of its final ter-
mination to the other, it shall remain in full force for another like
period of ten years. (28 Stat. 1212.)

See note to Art I of this treaty, ante, ( 4326.

§ 4332. (Act March 3, 1901, c. 845, § 1.) Commissioner for hear-
ing on arrest of Chinese person unlawfully in United States.
It shall be lawful for the district attorney of the district in which

(1759)



Digitized by



Google



§ 4332 IMMIGRATION (Tit. 29

any Chinese person may be arrested for being found unlawfully
within the United States, or having unlawfully entered the United
States, to designate the United States commissioner within such
district before whom such Chinese person shall be taken for hear-
ing. (31 Stat. 1093.)

ThU section and the two sections next followinf were part of an act «tt-
titled **An act supplementary to an act entitled 'An act to prohibit the com-
ing of Chinese persons into the United States,' approved May 6, lUgtitecn
hundred and ninety-two, and fixing tht compensation of commiasioDan la
such cases."

The removal of Chinese persons unlawfully within tht United States was
provided for, and proceedings thereon were regulated, by Act Sept 18* 1888,
c 1015, S 13, and Act May 6, 1802. c. (K>, H 2, 8, ante. If 4318, 4816, 4317.
The provisions of this act, like those of Act May 6, 1802, c. 60, to which
it was supplementary, and all laws prohibiting and regulating the ooming
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, 1002, c 641, I 1, post, S 4387.

§ 4333. (Act March 3, 1901, c S45» § 2.) Fees of commissioners
in cases under Chinese exclusion laws.
A United States commissioner shall be entitled to receive a fee
of five dollars for hearing and deciding a case arising under the
Chinese-exclusion laws. (31 Stat. 1093.)
See note to section 1 of this act, ante, S 4382.

§ 4334. (Act March 3, 1901, c. 845, § 3.) Warrants of arrest for

violations of Chinese exclusion laws.



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 75 of 150)